HomeMy WebLinkAboutZ-4518-A Staff AnalysisDecember 23, 2002
ITEM NO.: A
File No.: Z-4518-A
Owner: Harry and Joyce Butler
Address: 8711 Shelly Drive
Description: East side of Shelly Drive, approximately
150 feet north of Baseline Road
Zoned: C-4
Variance Requested: A variance is requested from the fence
provisions of Section 36-516 to allow a
security fence which exceeds the maximum
height allowed.
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The applicant's justification is presented in
an attached letter.
Mini -warehouse development
Mini -warehouse development
The C-4 zoned property at 8711 Shelly Road is occupied by a two -building
mini -warehouse development. There are two (2) access points from
Shelly Drive. The property owner recently constructed a six (6) foot high
chain link fence around the perimeter of the site (north, south and west
sides), with taller support posts. The support posts were left taller based
on the fact that the property owner would like to replace the six (6) foot
high chain link with eight (8) foot high chain link, with additional security
wire on top of that.
Section 36-516(e)(2)a. of the City's Zoning Ordinance allows for the
following fence heights in commercial zoning:
December 23, 2002
Item No.: A
"a. Between a required building setback line and a street
right-of-way, the maximum height shall be six (6) feet. Other
fences may be erected to a maximum height of eight (8)
feet."
Based on the fact that the fence as proposed will be well over eight (8)
feet in height/with the security wire), the applicant is requesting a variance
from this ordinance requirement. The majority of the fence will be located
between the required 45-foot front yard setback and the Shelly Drive right-
of-way.
Staff does not support the variance as requested. Staff does not feel that
the fence as proposed, which will approach ten (10) feet in height with the
security wire, is reasonable. Staff feels that placing security wire on top of
the existing six (6) foot high chain link fence will provide adequate security
for the mini -warehouse development. Therefore, staff would support a
variance to allow the six (6) foot chain link fence with up to two (2) feet of
security wire, for an overall height not to exceed eight (8) feet.
Additionally, Section 36-516(d) requires that any security wire not extend
outside the vertical plane of the enclosed property.
C. Staff Recommendation:
Staff recommends denial of the fence variance, as requested.
BOARD OF ADJUSTMENT:
(NOVEMBER 25, 2002)
Staff informed the Board that the applicant requested that this application be
deferred to the December 23, 2002 agenda. Staff supported the deferral
request.
The item was placed on the Consent Agenda and deferred to the December 23,
2002 agenda by a vote of 4 ayes, 0 nays and 1 absent.
BOARD OF ADJUSTMENT:
(DECEMBER 23, 2002)
The applicant was present. There were no objectors present. Staff noted that
the applicant had amended the application. The applicant's amendment
included a fence height of six (6) feet with security wire on top, for an overall
height not to exceed eight (8) feet. Staff noted support of the amended
application, subject to the following conditions:
2
December 23, 2002
No.: A (font.
1. The chain -link fence is to not exceed a height of six (6) feet, with security
wire not exceeding an overall height of eight (8) feet.
2. The security wire shall not extend outside the vertical plane of the
enclosed property.
3. A fence permit must be obtained.
The applicant offered no additional comments.
The item (as amended) was placed on the Consent Agenda and approved as
recommended by staff by a vote of 5 ayes and 0 nays.
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