Title
An appeal of the City Planning Commission's decision to uphold the appeal of the administrative approval of a nonuse variance allowing a fence/retaining wall combination at a height of 7 feet 6 inches within the side-yard setback addressed as 21 Marland Road.
(Quasi-Judicial)
Related Files:
Presenter:
Meggan Herington, Assistant Director, Planning and Community Development
Peter Wysocki, Director, Planning and Community Development
Body
Summary:
Owner/Applicant: David Surofchek at 21 Marland Road
Appellant to CPC: Amy and George Tracy at 17 Marland Road
Location: 21 Marland Road; near the intersection of Crossland Road and Marland Road.
The owner of 21 Marland Road is appealing the City Planning Commission's decision to uphold the nonuse variance appeal filed by the owner of 17 Marland Road. This original appeal to the City Planning Commission was an appeal of the administrative approval of a nonuse variance for a retaining wall/fence at a height of approximately 7 feet 6 inches where a maximum fence height of 6 feet is permitted in the side-yard setback when within 3 feet of a retaining wall (City Code Section 7.4.102.A.2). The City Planning Commission, by a vote to uphold the appeal, thus denied the administrative approval of the nonuse variance for the existing retaining wall/fence.
Shortly after the appeal was filed, a formal request was made by the neighboring property owner, 17 Marland Road, to postpone this item to the City Council hearing on March 9, 2021.
Background:
The retaining wall/fence combination was installed by the owner of 21 Marland Road in October of 2018. The retaining wall is a tapered retaining wall located on (or just to the inside) of the property line between 21 Marland Road and 17 Marland Road. The approved site plan depicts the retaining wall as approximately 60 feet long and ranges from approximately 8 inches tall at each end and tapers up to approximately 18-24 inches at the tallest peak in the middle o...
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