HomeMy WebLinkAboutZ-6309 Staff AnalysisMay 19, 1997
Item No.: 6
File No.
Owner•
Address-
Description:
zoned•
variance Requested:
Justification:
Present use of Property:
Proposed use of Property:
Staff Report
A. Public Works Issues:
No issues
Z-6309
Dwight and Cheryl Estes
4221 Bear Tree Drive
Lot 62, Longlea X, Phase 3
R-2
A variance is requested from the
fence restrictions of Section 36-
516 to permit construction of a 6
foot tall fence within the required
setback.
A licant's Statement: We are
requesting a variance from the
requirements of the Zoning
Ordinance per the Application for
zoning variance. We would like to
have installed or constructed a six
foot, CCA Treated Pine privacy
fence in our backyard. There
already exists a six foot privacy
fence in the backyard built by the
neighbors before we moved to the
present location. We would like to
have the privacy fence because we
have two young children and are
expecting a baby in late June. We
also have three older children who
are in school. The fence would
provide some protection to the
younger children when they play in
the backyard. And, also give mom
some breathing room in taking care
of six children.
Single Family
Single Family
May 19, 1997
Item No • 6 (Cont.)
B. Staff Analysis:
The owners of the R-2 zoned property located at 4221 Bear
Tree Drive propose to enclose their rear yard with a 6 foot
tall privacy fence. The property is a corner lot and a
portion of the fence is within the required setback adjacent
to the side street, Charwick Drive. Fences within the
required zoning or subdivision setback adjacent to streets
are not to exceed 4 feet in height.
At first appearance, this seems to be an issue which should
not have an impact on adjacent properties. City Code allows
the applicant to build a 4 foot tall fence in this area and
he is requesting 6 feet. There is no sight -distance issue.
However, staff is concerned about the visual impact on the
adjacent property at 14411 Charwick. This adjacent property
faces Charwick and there is a potential impact from the
applicant's proposed fence. Staff believes it is reasonable
to require that the fence be designed so that the finished
side faces outward and to require a written statement from
the adjacent property owner at 14411 Charwick approving the
fence. This person has signed the notice of public hearing
form.
Additionally, the applicant should review the Bill of
Assurance for the subdivision. The proposed fence does seem
out of character with the neighborhood and it may be that
the Bill of Assurance precludes the construction of fences
across building lines. Board of Adjustment approval does
not relieve the applicant of any Bill of Assurance
requirements.
C. Staff Recommendation:
Staff recommends approval of the requested height variance
to allow a 6 foot tall privacy fence subject to the
following conditions:
1. The fence is to be constructed with the finished side
facing outward.
2. Prior to erecting the fence, a letter of approval must be
submitted by the owner of the property at 14411 Charwick
clearly stating that they approve of the fence as
proposed. That letter is to be placed in the zoning case
file.
BOARD OF ADJUSTMENT:
(MAY 19, 1997)
The applicant was not present. There were no objectors present.
Staff informed the Board that the applicant had requested that
2
May 19, 1997
Item No.• 6 Cont.
the item be withdrawn since he had determined that the proposed
fence.would violate the subdivision's Bill of Assurance.
A motion was made to accept the applicant's withdrawal of the
item. The motion was approved by a vote of 6 ayes, 0 noes and
3 absent.