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HomeMy WebLinkAboutZ-6371 Staff AnalysisAugust 25, 1997 Item No.: 11 File No..: Owner• Address• Description• Zoned: Variance RegMested: Justification: Present Use of Property: Proposed Use of Property: staff Report A. Public Works Comments: Z-6371 James Heath 1401 S. Fillmore Lot 24, Block 12, Oak Forest Addition R-3 A variance is requested from the fence height provisions of Section 36-516. The fence is needed for privacy and safety. Single Family Single Family The existing chain-link fence on the 14th Street side is in the public right-of-way. The new fence must be moved back to the property line. B. Staff Analysis: The R-3 zoned property at 1401 S. Fillmore is occupied by a one story, brick and frame, single family residence. The rear yard of the property is enclosed by a 4 foot tall chain link fence. The applicant proposes to replace this chain link fence with a 6 foot tall privacy fence. This is a corner lot and the code limits the height of fences constructed within required setbacks adjacent to streets to 4 feet. Staff believes the request to be reasonable. Allowing the 6 foot privacy fence around the rear yard of this property should have no impact on other properties. The fence would not be out of character for the neighborhood. Several other corner lots in the area have similar privacy fences. The existing chain link fence extends beyond the property line and approximately 2 feet into the 14th Street right-of- August 25, 1997 Item No.: 11 (Cont.) way. The new fence must be moved back onto the applicant's property. C. Staff Recommendation: Staff recommends approval of the requested fence height variance subject to compliance with the following conditions: 1. The fence is to be designed with the finished side facing outward. 2. The fence is to be constructed entirely on the applicant's property (out of the right-of-way). BOARD OF ADJUSTMENT: (AUGUST 25, 1997) The applicant, James Heath, was present. There were no objectors present. Staff presented the item and a recommendation of approval, with conditions. Mr. Heath stated that he understood staff's recommendation and agreed to comply with the conditions. The question was called on the variance request subject to compliance with the conditions noted in the staff recommendation. The vote was 8 ayes, 0 noes and 1 absent, approving the variance. 2