HomeMy WebLinkAboutZ-6263 Staff AnalysisFebruary 24, 1997
Item No.:
File No.:
Z-6263
Owner.
Robert F. and Martha Ellen Erwin
Address•
122 Hickory Creek Circle
Description:
Lot 17, Hickory Creek Subdivision
Zoned:
PRD
Variance Requested:
A variance is requested from the
wall height provisions of Section
36-516 to permit construction of a
10 foot tall wall.
Justification:
Applicant's Statement: As outlined
in the attached Application for
Zoning Variance, I hereby apply for
the subject variance as owner of
the property at 122 Hickory Creek
Circle. My variance, if granted,
would allow me to build a fence of
approximately ten feet in height.
In my mind, a fence of this height
is necessary for several reasons.
First, it provides greater security
to my family. Our subdivision,
Hickory Creek, is currently
bordered behind my house by
undeveloped property. Access to
that property from Hinson Road and
Taylor Loop Road is unrestricted.
Other than a chain link fence, no
obstacle blocks unwarranted
entrance. One of my personal
reasons for acquiring my property
in Hickory Creek was to provide
security to my family when I
travel, a gated community provides
such security. As any father
believes, the protection and safety
of one's family far outweighs his
other concerns. For my wife and
young children, such a fence would
provide such protection.
Second, before the change in the
zoning ordinance in June, several
homeowners built walls of this
height in Hickory Creek including
February 24, 1997
Item No.: 4 (Cont.
Present Use of Propert :
proposed use of Propert :
staff Report:
A. Public Works Issues:
No issues
B. Staff Analysis:
my immediate neighbor, Mr. George
Gleason. Furthermore, Hickory
Creek itself has a wall bordering
Hinson Road that exceeds six feet
in height. Not only has a
precedent been set in our
subdivision, but I believe such a
wall continues the overall concept
of the subdivision.
Lastly, my property slopes somewhat
from the lot next door to me,
necessitating a retaining wall to
bring my backyard up to a level
grade. My Pool Contractor informed
me this is necessary to prevent
watershed into the pool. This wall
also would serve as my retaining
wall.
In summary, I believe a wall of
this height serves all the purposes
outlined above, but also, the wall
would preserve the overall value of
my property as it pertains to other
properties in the Hickory Creek
subdivision that already have this
type of structure. I request that
the Board grant my application for
a variance after all conditions are
met.
Single Family residence
Single Family residence
122 Hickory Creek Circle is located in Hickory Creek
Subdivision, a gated community located off of Hinson Road,
near its intersection with Taylor Loop Road. The lot
contains a recently constructed, two-story residence. A new
home is being built on the lot adjacent to the north.
Several other lots in nearby vicinity are vacant or contain
large, single family residences. The lot is pie -shaped,
coming to a point at the rear. The applicant proposes to
construct a 10 foot tall wall along one side property line
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February 24, 1997
Item No.: 4 (Cont.
and extending out from the sides of the house. The wall
would tie in to the existing 10 foot tall wall on the
neighbor's property and would completely enclose the
applicant's rear yard. Section 36-516 limits the height of
structures such as that proposed by the applicant to 6'
feet.
Staff believes the variance request to be reasonable. The
proposed wall is not out of character with similar
structures in the subdivision. The wall encloses only the
rear yard and has no impact on traffic or sight distance.
The only possible impact will be on the neighbor sharing the
common side property line. If this neighbor does not object
to the variance, staff can support the proposal.
C. Staff Recommendation:
Staff recommends approval of
to the wall being constructed
blocks finished with stucco 0
BOARD OF ADJUSTMENT:
the requested variance subject
either of brick or of concrete
r drivit.
(FEBRUARY 24, 1997)
The applicant, Robert Erwin, was present. There were no
objectors present. Staff presented the item and a recommendation
of approval, with conditions.
Mr. Erwin made no additional comments other than to state that he
understood staff's recommendation.
A motion was made to approve the requested variance subject to
the wall being constructed either of brick or of concrete blocks
finished with stucco or drivit. The motion was approved by a
vote of 7 ayes, 0 noes, 1 absent and 1 open position.
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