By BECKY KISER
Hays Post
The Hays Board of Zoning Appeals has approved several requests the past two years for variances in the height of “street side” residential fences on corner lots.
The Hays Unified Development Code (UDC), adopted two years ago, limits the height of such a fence in a residential side yard that abuts the street to 42 inches. The fence in the rear or other side yard can be up to 72 inches high.
The difference has “caused some confusion and angst among property owners who have erected fences since the UDC went into effect,” according to Hays Public Works Director Jesse Rohr.
He told city commissioners last week all the variance requests for taller fences on a street side yard have been granted by the zoning appeals board since the UDC was adopted in August, 2016.
“After a couple of years using this regulation, we don’t feel that the fence height regulation as written meets the intent of what we were trying to do,” Rohr said.
“It’s just unnecessarily restrictive.”
During their meeting Thursday, the commission will consider approving a proposed amendment allowing a six-foot fence to be erected on a street side yard. The Planning Commission voted in June to recommend the change as presented by staff. All properties will still be required to address site line issues when erecting a fence.
Staff is also recommending a change the section of the UDC that regulates the heights of accessory buildings, such as garages or workshops.
Two-story accessory structures are allowed to be taller than single story accessory structures, which Rohr contends is very difficult to enforce as written.
Single story structures are now restricted to a maximum height of 18 feet while two-story structures are restricted to a height of 24 feet or the height of the principal dwelling, whichever is greater. The UDC references finished attics, unfinished attics, mezzanines, etc. to determine what constitutes a story.
After discussion between staff and the Planning Commission, it was decided to recommend a change to the UDC that would limit the height, but remove any verbiage pertaining to the number of stories.
The purposed amendment would allow a maximum accessory building height of 18 feet or the height of the principal dwelling, whichever is taller.
“This allows residences with taller homes to have taller accessory structures,” Rohr explained. “It also keeps the height of accessory structures similar to the neighboring properties which helps maintain the character of the neighborhood, which is a strong component of this regulation.”
Also scheduled for Thursday is an update of the Wastewater Treatment Facility Reconstruction Project by Stan Christopher with HDR engineers.
The complete Aug. 23 agenda is available here.
The meeting starts at 6:30 p.m. in Hays City Hall, 1507 Main.