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HomeMy WebLinkAboutZ-6676 Staff AnalysisMay 24, 1999 Item No.: 8 File No. Owner: Address: Z-6676 Robert C. Lowry 57 Wingate Drive Description_ : All of Lot 57 and part of Lot 58 of the replat of Plot "C", Wingate Subdivision 9.nnari Variance Recruested: Justification: Present Use of Property: Proposed Use of Property: Staff Report: C. Public Works Issues: B. Staff Analvsis: R-2 A variance is requested from the fence height provisions of Section 36-516 to permit construction of a privacy fence which exceeds 6 feet in height. The applicant's justification is presented in an attached letter. Single Family residence Single Family residence No Comments. The R-2 zoned property at 57 Wingate Drive is occupied by a one-story, brick and frame, single-family residence. A deep gully bisects the property, running from north to south and, in effect, reducing the size of the lot. A retaining wall encloses the useable yard area, separating it from the gully. The applicant proposes to construct a privacy fence to enclose his rear yard. Portions of the fence will be 8 feet tall. Section 36-516 limits the height of fences in the residential districts to 6 feet. Staff believes the variance request to be reasonable. The applicant states that numerous homes in the area have been broken into and vandalized by persons using the isolated gully as an escape route. His proposal to install a fence May 24, 1999 Item No.: 8 (Cont.) is to help prevent a similar break-in at his home and to provide additional privacy. Portions of the fence will be erected adjacent to and inside the retaining wall. A 6 foot tall fence would only be 4 feet above the retaining wall, making it relatively easy for persons to stand on the wall and climb over the fence. Additionally, the terrain varies along the north property line and allowing the height variance will permit the fence to be built with an even appearance rather than vary in height with the terrain. Staff's only comment is that the portions of the fence along the north and east sides, those perimeters nearest the neighbors, should be constructed with the finished side facing outward (good neighbor design). C. Staff Recommendation: Staff recommends approval of the requested height variance subject to that portion of the fence along the north and east perimeters being constructed with the finished side facing outward (good neighbor design). BOARD OF ADJUSTMENT: (MAY 24, 1999) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to that portion of the fence along the north and east perimeters being constructed with the finished side facing outward. Staff informed the Board that the applicant wished to give the property owner adjacent to the north the option of deciding whether the fence along that property line should be constructed with the finished side facing outward or not, since to do so would require the applicant to enter the neighbor's property in order to construct the fence. Staff agreed with the applicant's proposal and included it as an amendment to staff's recommendation. The applicant offered no additional comments. The item was placed on the consent recommended by staff, including the as proposed by the applicant. The 0 absent. 2 agenda and approved as amended recommendation vote was 5 ayes, 0 noes and