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HomeMy WebLinkAboutZ-6755 Staff AnalysisOctober 25, 1999 Item No.: 8 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 Analvsis: Z-6755 Robert and Joyce Shaw 4612 Old Oak Drive Lot 163, Secluded Hills R-2 A variance is requested from the fence height provisions of Section 36-516 to permit a 6 foot tall privacy fence. Applicant's Statement: Our residence, 4612 Old Oak Drive, is on a corner lot bounded by Jerome. The house - and patio - are considerably below the level of the street. The 6 foot fence would give us an increase in privacy at the back of the house from pedestrian and vehicular traffic on Jerome. Single Family Single Family The R-2 zoned lot located at 4612 Old Oak Drive is occupied by a two-story, brick and frame, single family residence. The applicants propose to construct a 6 foot tall, wood privacy fence to enclose their rear yard. The property is a corner lot and a portion of the fence will extend across the platted building line on the Jerome Drive (side) perimeter. Section 36-516(b) limits the height of fences erected within October 25, 1999 Item No.: 8 (Cont.) required zoning or subdivision setbacks adjacent to streets to 4 feet. Staff believes the variance request to be reasonable. The lot is located at the bottom of a hill, with the rear yard facing uphill. The rear yard is open to traffic on Jerome Drive, with no privacy from persons on the street. Moving the fence to a point behind the platted building line or reducing its height to 4 feet would so greatly reduce the effectiveness of the fence as to make it unnecessary. The fence is to be located 21 feet from the curb of Jerome Drive and should not create any sight distance issue. The other homes on the street and at the intersection face Jerome Drive with the rear yards secluded from traffic above them on Jerome Drive. The applicant's home is facing Old Oak with the rear yard open to the traffic above it on Jerome Drive. The applicant is advised to review the Subdivision's Bill of Assurance to determine if locating the fence across the platted building line is a violation of its provisions. C. Staff Recommendation: Staff recommends approval of the requested fence height variance subject to the fence being constructed with the finished side facing outward. BOARD OF ADJUSTMENT: (OCTOBER 25, 1999) The applicants were present. There were no objectors present. Staff presented the item and a recommendation of approval subject to the fence being constructed with the finished side facing outward. The applicants offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent. 2