PARC hoping to clear up ambiguity on fence ordinance

By Dave Fidlin

Correspondent

A Whitewater commission is in the midst of combing through existing stipulations pertaining to yard fences and walls in the hopes of striking a balance between eradicating blight while maintaining property owners’ rights.

The Plan and Architectural Review Commission on Monday discussed possible changes to a passage in city code about yard modifications.

City Planner Chris Munz-Pritchard said she was bringing the new set of changes to commissioners because of the steps residential property owners have been taking in some instances to install fences.

Under existing protocol, Munz-Pritchard said, “I’ve had people pull permits, and they really shouldn’t have to pull permits for this.”

With assistance from City Attorney Wally McDonell, Munz-Pritchard discussed a range of possible changes to the existing language with the thinking that permit pulling might not be necessary if residents instead follow an application process.

“We have no standards, essentially, for permitted fences,” McDonell said. “The attempt here is to say it’s not going to be mandatory standards, but several standards must be taken into account … so it’s reasonably compatible with the neighborhood.”

Further discussion on the proposed changes is anticipated at the commission’s Dec. 10 meeting.

During the preliminary review this week, commissioners, Munz-Pritchard and McDonell considered stipulations stating fencing, regardless of material used, be in good condition. Language on stain and finishing products also could be incorporated with the goal of uniformity.

Speaking to fencing material that is not uniform, McDonell said, “That can have a junky look.”

McDonell conceded fence regulating in the city has been a challenging task in the past and could be in the future as officials review the protocol in place.

“Fences are difficult; it’s not an easy area,” McDonell said. “The general proposal (with the proposed amendments) is to give some idea that you can’t just put up any fence that will be a horrible looking thing.”

This week’s discussion of fencing language included a public hearing portion. Beverly Stone was the sole resident to step to the microphone and weigh in on the issue.

“In my opinion … there is too much ambiguity in the language,” Stone said. “I would hope that the commission would address these issues.”

During the hourlong discussion, commissioners shared similar views on the desire to strike a balance.

“We don’t want to micromanage, but we need some guidelines,” said Greg Meyer, who chairs the Plan and Architectural Review Commission. “We’ve got to kind of watch our steps in it.”

Commissioner Kristine Zaballos said she drew parallels between the fence discussion underway and the city’s landscaping guidelines.

Zaballos said she was hopeful the current review would yield a positive outcome and serve as a helpful instrument for residents moving forward.

“Most people want to do the right thing,” Zaballos said. “But most people are busy.”

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