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HomeMy WebLinkAboutZ-6538-A Staff AnalysisNovember 30, 1998 Item No.: 2 File No.: Z -6538-A Owner. William Lamar Address: 201 Thayer Description: Part of Lot 16, Block 5, Capitol View Zoned• R-3 Variance Requested: A variance is requested from the fence height provisions of Section 36-516 to permit construction of a fence which exceeds permitted height. Justification: Applicant's Statement: On August 31, of this year, I was granted a variance for fence height by the Board of Adjustment. At that time, I had estimated that a fence height of six (6) feet would be adequate for our needs of a fence around our back yard. Unfortunately, I had not actually designed the fence at that time. Upon designing the fence, I have realized that six feet will not satisfy one of my important needs: keeping my wife's four cats contained in the back yard. We have tested a six foot high fence and found that a cat can, when determined, jump and climb over a six foot high fence. Therefore, to be safe, we think a 6'-10" at its lowest, the fence gains height as the bottom follows the sloping grade, resulting in a fence eight (8) high in some places, at which point we step down the height (see the attached drawings). Therefore, we request another variance for a fence height of seven (7) feet minimum to approximately eight (8) feet maximum. November 30, 1998 Item No.: 2 Present Use of Propert : Single Family Proposed Use of Property: Single Family Staff Report: A. Public Works Issues: 1. Please refer to survey for right-of-way dimensions prior to locating fence. B. Staff Analysis: On August 31, 1998, the Board approved a variance to allow the applicant to erect a 6 foot tall wood fence around the rear yard of the R-3 zoned property located at 201 Thayer Street. Because the property is a corner lot and the fence extends into the required setback adjacent to West 2nd Street, the code limits the fence height to 4 feet. The applicant has now determined that the 6 foot height is not sufficient to meet his needs. He feels that a somewhat taller fence is needed to keep his pets contained in the yard. Additionally, constructing the fence so that it stairsteps down the slope results in a fence that varies in height from 6'-10" to approximately 8 feet. Staff believes the variance request to be reasonable. The property does slope down substantially from the front to the rear. Allowing the stairstep design, rather than following the slope of the property, is more aesthetically pleasing. The increased height of the fence from the previously approved 6 feet to the requested maximum of 8 feet should have no greater impact on adjacent properties. West 2nd Street, at this point, is a sparsely traveled, minor residential street. The street dead -ends at Thayer Street, adjacent to the applicant's property. The increased fence -height should not impact traffic on the street. There is 11 feet between the fence and the edge of the pavement on 2nd Street, an adequate distance to address sight -distance concerns. C. Staff Recommendation: Staff recommends approval of the requested fence height variance subject to compliance with the following conditions: 1. Compliance with Public Works Comments 2. The fence is to be constructed with the finished side facing out. 2 November 30, 1998 Item No.: 2 BOARD OF ADJUSTMENT: (NOVEMBER 30, 1998) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the following conditions: 1. Compliance with Public Works comments. 2. The fence is to be constructed with the finished side facing out. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 4 ayes, 0 noes, 0 absent and 1 open position. 3