HomeMy WebLinkAboutBOA Minute RecordDECEMBER 15, 2022
ITEM NO.: 5
File No.:
Owner:
Applicant:
Address:
Legal Description:
Zoned:
Z-9740
Ahmad Tarawneh
Ahmad Tarawneh
95 Fallstone Drive
Lot 46, Block 136, Chenal Valley "Fallstone Court"
UFA
Variance(s) Requested: Variances are requested from the height and area provisions
of Section 36-516 to allow an increased fence height from
four (4) feet to six (6) feet between a required building setback
line and a street right-of-way.
Justification: The applicant's justification is presented in an attached letter.
Present Use: Single -Family Residence
Proposed Use: Single -Family Residence
STAFF REPORT:
0
1.9
C
Planning and Development Civil Engineering Comments:
No comments required.
Landscape and Buffer Comments:
No comments.
Building Codes Comments:
No comments required.
Staff Analysis:
The R-2 zoned property located at 95 Fallstone Drive is occupied by a single-family
residence. The survey indicates a lot width of 93 feet and a depth of 129 feet. The
residence is set over 25 feet from the front (east) property line, 25 feet from the south
property line, over 31 feet from the north property line, and over 18 feet from the rear
(west) property line.
The house is constructed within the building setback lines of the property with a 5-
foot utility easement along the perimeter of the north property line. The applicant is
proposing to construct a privacy fence, 6-foot in height on the northeast, north, west
south, and southeast sides of the property's rear yard area.
DECEMBER 15, 2019
ITEM NO.: 5 (CON'T.
Z-9740
The sketch provided indicates that the fence will begin at the north wall of the
residence and run approximately 32-feet north to the property line before turning
west and traveling approximately 40-feet. The fence is shown to then turn south and
travel for 115-feet. The fence then turns east along the south edge of the property
for 50-feet, then turns north for 10-feet terminating at the south side of the residence.
The proposed fence along the south and southeast perimeters of the property falls
between the building setback line and the street right-of-way.
Section 36-516 (e)(1)(a) of the City's Zoning Ordinance states that the residential
fence standards; "Between a required building setback line and a street right-of-way,
the maximum height shall be four (4) feet. Other fences may be erected to a
maximum height of eight (8) feet." Therefore, the applicant is requesting a variance
to allow a privacy fence to a height to six (6) feet between the building setback line
and a street right-of-way.
Staff is supportive of the requested fence height variance. Staff views the request
as reasonable and the variance request to generally be in conformance with the
development pattern in the area and notes that other residential side and rear yards
allow the construction of fences to a height of eight (8) feet. The proposed fence will
essentially enclose the rear yard portion of the property. It is also noted that
existence of side yard fences exceeding four (4) feet in height adjacent to street
rights -of -way are not uncommon within the area.
E. Staff Recommendation:
Staff recommends approval of the requested fence height variance to allow a privacy
fence to be constructed to a height of 6-feet between the required building setback
and the street right-of-way as per the staff analysis and submitted survey / site plan.
Board of Adjustment
(DECEMBER 15, 2022)
The applicant was present. There were no persons present registered in opposition. Staff
presented the application to the Commission and stated it recommended the fence height
variance be approved with conditions as per the staff report. There was a consent motion
to approve the application. The application was approved on consent. The vote was 4
ayes, 0 nays and 1 absent.
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