HomeMy WebLinkAboutZ-7161 Staff AnalysisMarch 25, 2002
ITEM NO.: 13
File No.:
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property
Z-7161
Mildred Cooper
1901 N. Polk Street
Lot 7 and the South of Lot 8,
Block 3, Mountain Park Addition
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Variances are requested from the
fence regulations of Section 36,-
516 to allow construction of an
eight (8) foot high privacy
fence and a privacy fence (6 to
8 feet in height) between a
required building setback line
and a street right-of-way.
The applicant's justification is
presented in an attached letter.
Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF 'REPORT
A. Public Works Issues:
1. Relocate fence on east side of lot along true
property line.
B. Staff Analysis:
The R-2 zoned property at 1901 N. Polk Street contains
a two-story frame single family residence. There is an
existing privacy fence which encloses the north and
east yards. The existing fence has varying heights,
with the fence along the east property line being
slightly in the alley right-of-way. The property
owner, Mildred Cooper, proposes to remove the existing
wood privacy fence and replace it with a new fence, as
noted on the attached site plan. The new wood privacy
March 25, 2002
Item No.: 13
fence will range in height from 6 feet along the east
property line and down a portion of the north property
line, to 8 feet along the west portion of the north
property line and south to the northwest corner of the
single family home. The fence extends approximately
five (5) feet into the required building setback from
the west property line and 7.5 feet into the required
building setback from "R" Street. The applicant also
plans to replace a 16 -foot section of a 4 -foot high
picket fence extending from the southeast corner of the
residence into the "R" Street right-of-way. This fence
will require a franchise permit.
Section 36-516(c)(1)a. of the City's Zoning Ordinance,
requires that fences constructed within the required
building setbacks adjacent to -streets be limited to a
maximum height of four (4) feet. Additionally, fences
constructed behind the required street side building
setbacks and along interior property lines are limited
to maximum heights of six (6) feet. Therefore, the
applicant is requesting variances to allow for
construction of an eight (8) foot high privacy fence"
along a portion of the north property line and between
the required 25 foot building setback and Polk Street
right-of-way. The applicant is also requesting a
variance to allow a six (6) foot high privacy fence
between the required 7.5 -foot building setback and the
"R" Street right-of-way.
Staff is supportive of the requested variances. There
is an existing wood privacy fence ranging in height
from 6 to 7 feet located between the required building
setbacks and both street rights-of-way. The proposed
eight (8) foot high fence near the northeast corner of
the property will not create a sight distance problem,
and will be located far enough back from the west
property line as to have no adverse impact on the front
yard of the residential structure to the north. The
large Kroger Store building is located directly across
Polk Street to the west.
C. Staff Recommendation:
Staff recommends approval of the requested fence
variances subject to the following conditions:
VA
March 25, 2002
Item No.: 13
1. Compliance with the Public Works condition as noted
in paragraph A. of this report, or obtain a
franchise.
2. The fencing must have a finished side facing outward
along the Polk Street frontage.
3. A franchise must be obtained for the portion of
the 4 -foot picket fence which extends into the
"R" Street right-of-way.
BOARD OF ADJUSTMENT:
(MARCH 25, 2002)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as
recommended by staff by a vote of 5 ayes and 0 nays.
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