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Council directs ordinance change so planning commission can waive lot‑separation fence requirement for minor subdivisions
Summary
Council voted to have the city attorney revise municipal code to replace references to the city council with the planning commission for waivers of the land‑separation fence requirement on certain minor subdivisions; the change reflects that minor subdivisions are now acted on by the planning commission, not the council.
The Hooper City Council on May 15 approved a motion directing the city attorney to prepare ordinance language replacing references to the city council with the planning commission for waivers of the land‑separation fencing requirement in certain small subdivisions.
Staff explained the change responds to a planning commission concern: under current Title 10 language, the code still reads that the city council may waive a land-separation fence requirement in some circumstances, but minor subdivisions (three lots or fewer and certain one- and two‑family exceptions) are now processed by the planning commission and no longer come to the council. Council members agreed the ordinance text should be corrected so the planning commission, which typically handles minor subdivisions, can consider and grant waivers where appropriate.
Council and staff also discussed practice on when a waiver is granted: if one owner owns the adjacent larger parcel and is subdividing a portion for a family member, the practice has been to accept a letter from the owner consenting that the fence is not required; the council asked the attorney to confirm whether a written letter should be explicitly required in the ordinance or otherwise documented as a condition of waiver.
A motion to have the attorney draft the ordinance correcting references from city council to planning commission and to investigate whether a letter should be required passed unanimously. Staff said the revised language will return to council for formal adoption at a later meeting, and planning commission members will be asked for any additional recommendations.
Ending: City legal staff will prepare corrected ordinance language replacing “city council” references with “planning commission” for the waiver provision and will confirm whether requiring a written consent letter from an adjacent owner should be added; the draft will return for council consideration at a subsequent meeting.
