Proliferation of walls, gates prompts zoning discussion
by Brian DiTullio

CAREFREE – A concern over the “character” of Carefree is prompting a proposal to strengthen certain zoning codes concerning front yard setbacks.

Planning Director Gary Neiss presented several items for discussion at the April 9 Planning and Zoning Commission meeting. The presentation was based on complaints received by the

department over what is allowable and what already is built in the community.

“The object (of this discussion) is to clarify for the public what is expected,” said Neiss.

Neiss stressed to the commission to look at the “big picture” and not focus on one or two properties. Looking at front yard setbacks, or what is permissible for a homeowner to build at the property edge along the street, Neiss wanted the commission to consider what effect numerous gates, walls and large hedges would have on the look of the community.

“Things such as columns, wing walls–they get larger as time goes by,” he said, focusing on how the proliferation of the stated objects had an impact on the town’s sense of openness and “character.”

Neiss pointed to a recent board of adjustment case where the town was overruled in its objection to the planting of a non‑native hedgerow along Tom Darlington to act as a sound and visual barrier to the traffic.

“We need to further clarify the ordinance,” said Neiss. “Some people feel I’m taking liberties (with the zoning codes). I feel I’ve been consistent.”

Neiss presented several photographs to illustrate his remarks on solid walls, which are not to exceed four‑and‑a‑half feet in height; identification signs, which are not to exceed two square feet in sign area and not be more than three feet tall; and landscape development standards, specifically the installation of non‑native species for the purpose of creating a natural fence.

One problem Neiss said his department frequently runs into is that the zoning ordinances, as they stand today, weren’t approved until April 2004, and that he is often defending himself against people who think the town has made an exception for another property, but is unwilling to make an exception for them.

Neiss also explained that zoning violations have risen since April 2004 and that some of the walls, columns and gates were built without permits.

Commission member Mike Eicher said the town should be enforcing the laws and codes on the books, and that adding more rules would just give people more areas in which to “push the envelope.”

Member John Nimsky pointed out that a resident could just build a wall or gate closer to the house and avoid the setback stipulations, but Neiss said the wall would then count toward the “disturbed area” of the lot and reduce what the person could build.

The commission directed Neiss to formulate language for a proposal.

Neiss told The Desert Advocate after the meeting that the proposed language should be ready for presentation at a work session tentatively scheduled for May. Any language proposed would require two public hearings and adoption by the town council before it could take effect.