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Planning commission approves minor Monterra PD fence‑setback amendment

Planning and Zoning Commission (City of Fate) · December 19, 2024
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Summary

The commission voted to recommend approval of ZR‑24‑011, a minor amendment to the Monterra residential PD that reduces the side‑yard fence setback along public rights‑of‑way from 10 feet to 5 feet (to align fences with existing retaining walls); staff said the change resolves a construction‑practice mismatch and has no fiscal impact.

The Planning & Zoning Commission recommended approval of a minor amendment to the Monterra residential planned development that reduces the required side‑yard fence setback along public rights‑of‑way from 10 feet to 5 feet where retaining walls are present.

Staff explained the change addresses a common, practical mismatch in existing phases of Monterra where retaining walls were built about 5 feet from the property line but the PD required a 10‑foot fence setback. Ryan of planning staff told commissioners the amendment "applies consistent application to all of the lot types" and would avoid unfair outcomes where some property owners effectively lost usable side‑yard area while others built fences at 5 feet. Staff recommended approval without conditions and said the amendment carries no fiscal impact.

Staff also said the city mailed 281 notices to properties within the PD and received one written response in opposition. Commissioners asked how the change would be applied in practice; staff said homeowners who built fences at 10 feet are compliant but would be allowed to move fences outward 5 feet at their expense, and the city would not require permit fees to facilitate voluntary adjustments.

After brief discussion, a motion to approve ZR‑24‑011 passed. The recommendation will be forwarded to the City Council for final action.