HomeMy WebLinkAboutZ-7134 Staff AnalysisFebruary 25, 2002
ITEM NO.: A
File No..
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Anal sis:
Z-7134
Alan C. Wray
8103 Leawood Boulevard
Lot 139, Leawood Heights
Second Addition
R-2
A variance is requested from
the fence regulations of Section
36-516 to allow construction of
a six (6) foot tall privacy
fence between a required
building setback and a street
right-of-way.
The applicant's justification is
presented in an attached letter.
Single Family Residence
Single Family Residence
The property at 8103 Leawood Boulevard is occupied by a
one-story brick and frame single family residence.
There are single family residences to the north, west,
south across Louwanda Drive and east across Leawood
Boulevard. The applicant recently began construction
of a six (6) foot high wood privacy fence along the
Louwanda Drive side of the property. The fence
extended beyond the 25 foot building setback line and
into the street right-of-way. Consequently, the City's
February 25, 2002
Item No.: A
enforcement staff issued a notice to cease the fence
construction, which was complied to by the applicant.
Therefore, the applicant is requesting a variance to
allow construction of a six (6) foot high wood privacy
fence which extends beyond the 25 foot street side
setback along Louwanda Drive. The proposed fence will
extend from the rear corner of the house to the
Louwanda Drive property line, along this property line
to the rear property line, and back to a newly
constructed privacy fence located behind the 25 foot
setback line. According to Section 36-516(c)(1)a. of
the City's Zoning Ordinance, fences constructed within
the required setback adjacent to streets are limited to
four (4) feet in height.
Staff is not supportive of the variance as requested.
Staff's inspection of the property revealed that the
proposed fence would create no sight -distance problems
for vehicular traffic. However, the single family
residences immediately west of this site, which front
on Louwanda Drive, will have a front yard relationship
with the proposed fence. Staff feels that the proposed
six (6) foot privacy fence extending to the property
line along Louwanda Drive will have a negative visual
impact on these adjacent properties.
However, staff could possibly support a revised
application which would move the fence further back
from the street side property line. Another possible
solution would be to construct, at the location
proposed by the applicant, a four (4) foot high solid
wood fence with an additional two (2) feet of wood
lattice.
C. Staff Recommendation:
Staff does not support the variance to allow
construction of a six (6) foot high wood privacy fence
between the required building setback and the street
right-of-way, as proposed.
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February 25, 2002
Item No.: A
BOARD OF ADJUSTMENT:
(JANUARY 28, 2002)
Staff informed the Board that the applicant submitted a
letter requesting that the application be deferred to the
February 25, 2002 agenda. Staff noted that the applicant
failed to complete the required notifications to surrounding
property owners. Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred to
the February 25, 2002 agenda by a vote of 5 ayes and 0 nays.
BOARD OF ADJUSTMENT: (FEBRUARY 25, 2002)
The applicant was present. There were no objectors present.
Staff presented the item and noted that the applicant had
revised the application according to staff's suggestion.
The revision included construction of a four (4) foot high
solid wood fence with two (2) additional feet of wood
lattice between the platted building line and the property
line (Louwanda Drive side). Staff noted support of the
revised application subject to the following conditions:
1. A building permit must be obtained for the fence
construction.
2. The fence must be a good neighbor fence, with the
structural supports on the inside.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as
revised by the applicant and recommended by staff by a vote
of 5 ayes and 0 nays.
3