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Z-8641 Staff AnalysisMARCH 28, 2011 ITEM NO.: 6 File No.: Z-8641 Owner: Leigh Ann and Howard Wiechern Applicant: Leigh Ann Wiechern Address: 139 Hickory Creek Circle Description: Lot 55, Hickory Creek Addition Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36-516 to allow a fence with increased height. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 139 Hickory Creek Circle is occupied by a two-story brick single family residence. The property is located at the southeastern corner of Hickory Creek Circle and Hickory Creek Drive. There is a circular driveway from Hickory Creek Circle and a three -car wide driveway from Hickory Creek Drive which provides access to a garage within the north end of the residence. There is an existing wood fence and iron fence which encloses the south side and rear yard area. The applicant proposes to remove the existing fences and replace them with a new wood fence, extending to the north property line along Hickory Creek Drive, as noted on the attached site plan. The fence will range in height from six (6) feet to eight (8) feet and be solid wood with brick columns or solid brick. The eight (8) foot high section will be along the rear (east) property line, because of the property's slope downward from front to back. MARCH 28, 2011 ITEM NO.: 6 (CON'T. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences located between a building setback line and a street right-of-way and six (6) feet for elsewhere on the lot. Therefore, the applicant is requesting a variance for that portion of the fence located between the 25 foot platted building line and the Hickory Creek Drive right-of-way, and that portion of the remaining fence which exceeds six (6) feet in height. Staff does not support the requested fence height variance, as filed. Given the fact that the lots immediately to the east along Hickory Creek Drive have a front yard relationship to this lot, staff cannot support a fence exceeding four (4) feet in height between the 25 foot setback and the Hickory Creek Drive right-of-way. Staff believes it is not appropriate for the eight (8) foot high fence to extend into the front yard area of the residence immediately to the east. Staff could support the application if the applicant were willing to locate the fence 25 feet back from the north street side property line and have it tie into the northeast corner of the house. C. Staff Recommendation: Staff recommends denial of the requested fence height variance, as filed. BOARD OF ADJUSTMENT: (MARCH 28, 2011) Howard and Leigh Ann Wiechern were present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Leigh Ann Wiechern addressed the Board in support of the application. She explained that a four (4) foot high fence would not be a sufficient height for fencing in their rear yard area. She noted that the property owners immediately to the east and across Hickory Creek Drive to the north had submitted letters in support of the fence variance. She amended the application to have a maximum fence height of six (6) feet between the building line and Hickory Creek Drive. The amendment was briefly discussed. Vice -Chairman Smith stated that the best option would be for the fence to be located on the building line and tie into the northeast corner of the house. He asked why the six (6) foot high fence between the building line and Hickory Creek Drive was needed. Mrs. Wiechern explained that the fence height was needed in order to keep their children from going into the street. She explained the speed limit and traffic issues in the neighborhood. She noted that the flattest portion of the rear yard area was between the building line and the Hickory Creek Drive right-of-way. Vice -Chairman Smith noted that he could not support the application, as proposed. MARCH 28, 2011 ITEM NO.: 6 (CON'T. There was a motion to approve the application as amended by the applicant. The application failed with a vote of 0 ayes, 4 nays, 0 absent and 1 open position. The application was denied.