Waiver Request for Buffer Wall at Parcel 39122-008-00

Original title: Majesty Corner LLC - Waiver Request to Buffers Parcel #: 39122-008-00 # WaiverSTA-001018-2026 Aldana Contracting, LLC LDC 6.8.6.L(1) Buffers CODE states (1) Where buffer walls are required by this article, a combination of buffer walls and berms may be used to meet the intent of buffering. Buffer fences may be used as a substitute for buffer walls with approval of the DRC. The buffer walls, buffer fences, and berms shall: (a) Not be constructed or installed in a manner which creates a threat to public safety or interferes with vehicular circulation; (b) Be designed to be compatible with existing and proposed site architecture and the character of the surrounding and adjacent settings including the style and selection of materials; and (c) Be situated so that the wall or fence components are within the buffer limits and any required landscaping shall be installed on the public view side of the wall. APPLICANT - Section 6.8.6 (L)(1) of the Marion County Land Development Code defines a buffer wall and recognizes that a fence may serve as a substitute for a buffer wall. Consistent with the intent of this provision, the adjacent property owner has reviewed this request and has expressed a preference that their existing fence be considered the required physical buffer rather than having an additional buffer wall constructed. The neighboring property owner has advised that they would prefer to maintain the existing fence and view the enhanced landscape buffer rather than have a buffer wall installed along the shared property line. Therefore, the applicant is requesting to waive the buffer wall requirement.