HomeMy WebLinkAboutZ-6916 Staff AnalysisSeptember 25, 2000
Item No.: 5
File No.: Z-6916
Owner: Keith W. Cooper, M.D.
Address: 205 Colonial Court
Descri tion: Lot 17 and North 9 feet of Lot 18,
Block 2, Colonial Court Addition
Zoned: R-3
Variance Requested: A variance is requested from the
fence height provisions of Section
36-516.
Justification: The applicant's justification is
presented in an attached letter.
Present Use of Property: Single Family
Proposed Use of Property: Single Family
Staff Report:
A. Public Works Issues:
No issues.
B. Staff Analysis:
The R-3 zoned property located at 205 Colonial Court is
occupied by a two-story, brick and frame, single-family
residence. The home owner has recently enclosed the rear
yard of the property with a wood privacy fence. The
majority of the fence conforms to the ordinance fence height
requirement of 6 feet. Due to the slope of the yard,
portions of the fence exceed 6 feet, varying in height from
616" to 81. No permits were issued for the fence. The
owner assumed the fence company had obtained the required
building permit.
Staff is supportive of the requested variance. At the
points where the fence is at its tallest, it is adjacent to
the rear yards of the abutting properties. There are places
where the yard slopes and, in an effort to maintain a level
September 25, 2000
Item No.: 5 (Cont.
appearance at the top of the fence, it was necessary to make
the fence taller than 6 feet. Where the applicant's fence
is tallest along the north property line, it is adjacent to
an 8 foot tall chain link fence on the neighboring property.
At the point the fence is adjacent to the neighbor's house
on the north, it tapers down from 8 feet to just over 6
feet. It appears that the fence is below the height of the
neighbor's windows and does not completely block those
windows. Allowing the fence to remain should have a minimal
impact on adjoining properties.
C. Staff Recommendation:
Staff recommends approval of the requested fence height
variance.
BOARD OF ADJUSTMENT:
(SEPTEMBER 25, 2000)
The applicant, Keith Cooper, was present. There were two
objectors present. Staff presented the item and a recommendation
of approval.
Mr. Cooper addressed the Board and stated that he had tried to be
sensitive to the neighbors when designing the fence.
Mrs. Chrystal Hart, of 211 Colonial Court, spoke in opposition.
She asked that the portion of the fence closest to her house be
reduced to 6 feet in height. She urged the Board to conform to
city code.
Mr. Cooper responded that the average height of the portion of
the fence that Mrs. Hart was concerned about was 6 feet 6 inches.
Norm Floyd asked Mrs. Hart if she did not have an 8 foot tall
fence in her own rear yard. Mr. Hart responded that it was not
quite 8 feet in height.
After a brief discussion, Mr. Cooper agreed to reduce the height
of that portion of fence indicated as Section "A" on the drawing,
that portion closest to Mrs. Hart's house, to 6 feet.
A motion was made to approve the variance, as amended, by the
applicant. The motion was approved by a vote of 4 ayes, 0 noes
and 1 absent.
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