Commissioners OK Fence to Remain in Right-of-Way
The Board of County Commissioners gave the OK for the Hiwan Hearth's Association to keep its six foot fence. The area is in Evergreen and near the Hiwan Golf Course.
The six foot fence, which had been in the same location for more than 15 years, was replaced by the association in 2010. At that time, a citizen complaint was filed with the county's Planning and Zoning Division, which resulted in the issuance of a zoning violation to the association. The county's zoning resolution permits fences of no greater than 42 inches in height in a front setback.
Rather than requiring the association to lower the fence height to 42 inches, the county's Planning and Zoning Division processed a variance through the Board of Adjustment to allow for the taller six foot fence.
As part of the variance submittal requirements, a survey was required. The survey indicated that a portion of the fence was built within the right-of-way for Hearth Drive and was not on the property line. In order to keep the fence in its current location, the solution of a license agreement with the county was suggested by the Planning and Zoning Division.
The variance application was brought before the Board of Adjustment, which approved the variance on November 6, 2010 to allow the six foot fence height. The variance included a condition that the association would also need to obtain the license agreement with the county to allow the encroaching portion of the fence to remain within the Hearth Drive right-of-way. Staff evaluated the situation and determined that neither the fence height or encroachment in the right-of-way interfered with the county's road maintenance operations, nor did it present safety issues for motorists using Hearth Drive.