HomeMy WebLinkAboutZ-7135 Staff AnalysisJanuary 28, 2002
ITEM NO.: 6
File No..
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Z-7135
Jim S. Porter Jr. Trust
2108 N. Beechwood
Lot 3, Block 4, Country Club
Heights Addition
R-2
A variance is requested from
the fence regulations of Section
36-516 to allow construction of
an eight (8) foot high privacy
fence.
The applicant's justification is
presented in an attached letter.
Single Family Residence
Proposed Use of Property: Single Family Residence
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The R-2 zoned property at 2108 N. Beechwood is occupied
by a two-story frame single family residence. There is
An existing six (6) foot high wood fence along the
south property line and a portion of the north property
line. There are existing single family residences to
the north, south, across the alley to the west and
across N. Beechwood to the east.
The applicant proposes to construct an eight (8) foot
high wood privacy fence along the south property line,
between this property and 2106 N. Beechwood. The
proposed eight (8) foot fence would also enclose a
January 28, 2002
Item No.: 6
small courtyard area near the southwest corner of the
property. The applicant notes in his cover letter
(attached) that the purpose of the eight (8) foot high
fence is for additional privacy desired by both
property owners. He also notes that the property owner
of 2106 N. Beechwood is in favor of the proposed fence.
Section 36-516 of the City's Zoning Ordinance allows a
maximum fence height of six (6) feet in residential
zoning.
Staff is supportive of the variance request. Staff
does not believe that the eight (8) foot fence height
will have an adverse impact on the adjacent properties
or be out -of -character with the general area. To
staff's knowledge, the only affected property owner
(2106 N. Beechwood) is in favor of the fence
construction.
C. Staff Recommendation:
Staff recommends approval of the requested fence height
variance subject to the following conditions:
1. The fence must be a "good neighbor fence", with
the structural supports on the 2108 N. Beechwood
side of the fence.
2. A building permit must be obtained for the fence
construction.
BOARD OF ADJUSTMENT:
(JANUARY 28, 2002)
The applicant, Jim S. Porter Jr., was present. There were
no persons present in opposition. Staff presented the item
and a recommendation of approval, subject to the conditions
as noted in paragraph C. of the agenda report.
Jim S. Porter, Jr. addressed the Board in support of the
application. He stated that he objected to the following
staff condition:
111. The fence must be a `good neighbor fence',
with the structural supports on the 2108 N.
Beechwood side of the fence."
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January 28, 2002
Item No.: 6
Mr. Porter explained his position on this issue.
Chairman Ruck asked if the neighbor at 2106 N.
Beechwood was aware that the structural supports
would be on their side of the fence. Mr. Porter
responded that the next door neighbor was aware of
the proposed fence construction. He further
explained his desire for an eight (8) foot high
fence.
Chairman Ruck asked if the existing six (6) foot
high privacy fence along the south property line had
the structural supports on the 2106 N. Beechwood
side of the fence. Mr. Porter stated that the
structural supports on the existing privacy fence
were on the 2106 N. Beechwood side. He provided the
Board with a photo of the existing fence.
Vice -Chairman Gray asked for confirmation that the
next door neighbor was aware of the proposed
structural supports being on their side of the
fence. Mr. Porter responded that they were aware of
the proposed fence construction. He stated that the
neighbor could attach pickets to their side of the
proposed fence, if they desire.
Andy Francis asked to make Mr. Porter's photo part
of the official record. He also asked if the
property owner at 2106 N. Beechwood received notice
of the variance request. Staff responded that
required notice was given to that property owner.
There was a motion to approve the application
eliminating staff condition #1 (good neighbor fence)
and keeping staff condition #2 (as noted in
paragraph C. of the agenda report). The motion
passed by a vote of 5 ayes and 0 nays. The
application was approved.
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