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Home My WebLink AboutZ-6209 Staff AnalysisOctober 28, 1996 Item No.: 3 File No.: Z-6209 owner: Kurt and Ashley Knickrehm A,ddress: 1801 Shadow Lane ]Description: Lot 116 and parts of Lots 117 and 118, Shadowlawn Addition Zoned: R-2 Variance Recruested: A variance is requested from the fence/wall provisions of Section 36-516 to permi t construction of a 12 foot wall within the required setback. justificatio L�Pylicantls Statement: We are hereby requesting a variance from the height restriction associated with a fence or wall. Our proposal is to erect a 12 foot high brick, stone or cinder block wall finished with stucco on the southern corner of the property known as 1801 Shadow.�Lane. The wall will run from the southeast corner of the property to the front facade of the dwelling along Cantrell Road. The unusual lot size and location adjacent to a very busy street creates a dangerous situation for our two children aged four and five. The expanded height will provide added safety from climbing or balls being sent into Cantrell. This is particularly true for our children's neighborhood playmates who may not be as familiar with the inherent dangers of such a well - traveled street as Cantrell. The added safety provided is clearly in the best interest of the neighborhood. Additionally, the added height provides a buffer from the excessive noise and air pollution created from the truck and October 28, 1996 Item No.: 3 (Cont. automobile traffic associated with a major thoroughfare. This buffer will also benefit the neighbors particularly along Shadow Lane. Lastly, the wall will be in keeping with the standards of the neighborhood and in particular other properties along Cantrell. By way of example, the following properties, all within a two -block radius, have walls above the current height restrictions: * North West Corner of Cantrell and Jackson (this wall was erected in the last three months) * South West Corner of Cantrell and Jackson * South East Corner of Cantrell and Spruce • South West Corner of Cantrell and Palm • North West Corner -of Cantrell and Shadow Lane • South West Corner of Cantrell and Beechwood • South East Corner of Cantrell and Edgewood • North West Corner of Cantrell and Edgewood Our proposed wall would be in keeping with the above mentioned existing walls. Present Use of Prolpert : Proposed Use of Property: Staff Report: A. Public Works Comments: Single Family residence Single Family residence Cantrell Road right-of-way is 55 feet from centerline; wall should not be constructed within the 55 feet of right-of-way from the center of Cantrell Road, per the Master Street Plan. K, October 28, 1996 No. : 3 (Cont. B. staff Analysis: The owners of the property at 1801 Shadow Lane propose to construct a 12 foot tall brick, stone or cinder block wall finished with stucco on the south property line. This is the property line along the Cantrell Road side of the site. Section 36-516 of the Code states "fences erected within required setbacks adjacent to streets shall not exceed 4 feet in height." The required side yard setback for the Cantrell Road side of this property is 8 feet. Any fence or structure in the nature of a fence erected within 8 feet of the Cantrell Road side property line should not exceed 4 feet in height according to ordinance. The applicant states the increased height is necessary to provide a buffer from the excessive noise and air pollution created by the truck and automobile traffic on Cantrell Road. Additionally, the applicant believes the increased height will provide added safety for her two small children. There are several other properties along this stretch of Cantrell Road, from the top of the hill to Kavanaugh Blvd., which have walls or fences along the street in excess of the Ordinance permitted height. However, a structure of the height proposed by the applicant is not typical of those in the area. Staff believes the height requested to be excessive. An additional concern has been raised by the Public Works Department. Cantrell Road is classified as a principal arterial by the master Street Plan. The right-of-way required by the Plan is 110 feet, 55 feet from centerline. The street now appears to have a total right-of-way of approximately 60 feet, 30 feet from centerline. Although no additional right-of-way is being requested of the applicant, there is a concern about allowing the construction of this structure with the Master Street Plan right-of-way. If the wall is approved, it must be made clear that it will be the applicant's responsibility to remove and replace it should the right-of-way ever be needed for a future street widening project. In conclusion, staff can support a wall not to exceed 6 feet in height with the clear understanding that it will be the applicant's responsibility to remove it should a future street widening project require the Master Street Plan right-of-way. C. Staff Recommendation: Staff recommends denial of the applicant's request to construct a 12 foot tall wall on the Cantrell Road side property line. q October 28, 1996 item No.: 3 (Con Staf f recommends approval of a variance to allow construction of a 6 foot tall wall subject to the following conditions: 1. The wall is to be constructed of brick, stone or cinder block finished with stucco. 2. Should a future street widening project ever require removal of the wall, it will be at the applicant's expense to remove and replace the wall. BOARD OF ADJUSTMENT: (OCTOBER 28, 1996) The applicants, Kurt and Ashley Knickrehm, were present. There were no objectors present. Staff presented the item and recommended denial of the request to have a 12 foot tall wall. Staff recommended approval of a variance to allow a 6 foot tall wall, with conditions. Kurt Knickrehm addressed the Board. He stated that a 12 foot tall wall was not out of character with the area. Mr. Knickrehm stated that the increased height was necessary for safety reasons. He stated that he agreed with condition number two outlined in the staff recommendation and suggested that the word "applicant's" be changed to property owner so that the condition would run with the property if it is ever sold. Ashley Knickrehm stated that she would like to have an 8-10 foot tall wall approved. Kirby'Rowland stated that he was familiar with the area and could support an 8 foot tall wall. The applicants then discussed several other similar walls in the area. Dana Carney, of the Planning Staff, discussed the past history of Building Codes approving walls. He stated that the Fence/wall Ordinance became part of the Zoning Ordinance on July 2, 1996. As a part of the Zoning Ordinance, variances must now be approved by the Board of Adjustment. Mr. Carney stated that the Board could take the presence of these other walls into consideration when deciding how to vote on this issue. Mark Alderfer asked if the applicant would consider pulling the wall back farther away from the street. Mr. Knickrehm responded that it could be pulled back approximately 3 feet before it would get into trees and shrubs which he desired to save. Kirby Rowland asked how tall the wall could be if it were pulled back to 8 feet behind the property line. Mr. Carney responded 4 October 28, 1996 Item No.: 3 (Cont.) that the wall could then be increased to 6 feet in height since it would be behind the setback line. A motion was made to approve a variance to allow a 10 foot tall wall on the south property line adjacent to Cantrell Road subject to the following conditions: 1. The wall is to be constructed of brick, stone or cinder block finished with stucco. 2. Should a future street widening project ever require removal of the wall, it will be at the property owner's expense to remove and replace the wall. The motion was approved by a vote of 5 ayes, 1 noe, 2 absent and 1 open position. 5