HomeMy WebLinkAboutZ-6690 Staff AnalysisJune 28, 1999
Item No.: 9
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.
B. Staff Analysis:
Z-6690
Dana Freeman
7822 West 25th Street
Lot 225, Meadowlark
R-2
A variance is requested from the
fence height provisions of Section
36-516 to permit an 8 foot tall
chain-link fence.
A taller fence is needed to keep
the applicant's security dogs on
the property. They have jumped a
shorter fence.
Single Family
Single Family
The R-2 zoned property located at 7822 West 25th Street is
occupied by a split-level, brick and frame, single-family
residence. The property fronts onto West 25th Street and
abuts West 24th to the rear. The rear yard of the property
is enclosed by a 4 foot tall chain-link fence. The
applicant is requesting a variance to allow her to replace
the 4 foot fence with an 8 foot tall chain-link fence.
Section 36-516 of the Code limits the height of fences in
residential zones erected within required setbacks adjacent
to streets to 4 feet. The applicant states that the
additional fence height is needed to contain her dog within
the yard. The applicant owns a pit bull which has jumped
the 4 foot fence and frightened the neighbors. She has been
June 28, 1999
Item No.: 9 (Cont.)
issued a notice by the Animal Services Enforcement Division
and has had to put the dog on a chain.
Staff feels that some fence height variance is appropriate.
This lot and the lots to the east and west are unusual in
that they have streets adjacent to the front and to the
rear. The fence regulations treat these lots as if they had
two front yards, not a front and a rear. Allowing an
increase beyond 4 feet is reasonable and should have no
impact on adjacent properties or on traffic in the street.
Staff does have reservations about permitting an 8 foot tall
fence adjacent to the street. A 6 foot tall fence seems to
be more appropriate for the neighborhood. Staff is unsure
whether a 6 foot fence would address the applicant's primary
concern which is keeping the dog in the yard. Staff feels
that the issue should be discussed with the Board and any
concerns by neighbors regarding the proposed fence should be
considered.
C. Staff Recommendation:
Staff cannot support a variance to allow an 8 foot tall
chain-link fence. Staff can support a variance to allow a
6 foot tall fence.
BOARD OF ADJUSTMENT:
(JUNE 28, 1999)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of denial of the
variance to allow an 8 foot tall fence.
The applicant, Dana Freeman, addressed the Board in support of
her request. Ms. Freeman stated that a neighbor had suggested
the 8 foot tall fence to keep her dogs in the yard.
Gary Langlais asked Ms. Freeman if she had considered another
alternative, such as an "invisible fence." Ms. Freeman responded
that she had not.
William Ruck stated that he was concerned about allowing vicious
dogs to remain in the City. Ms. Freeman responded that the dogs
were not vicious and had never bitten anyone, but that people,
were frightened of them.
There was a further discussion of the conditions of Ms. Freeman's
property and whether a 6 foot tall fence would serve the purpose.
V►
June 28, 1999
Item No.: 9 (Cont.)
A motion was made to approve the fence height variance to allow
an 8 foot tall fence. The motion was approved by a vote of
3 ayes, 0 noes, 1 absent and 1 abstaining (Ruck).
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