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HomeMy WebLinkAboutZ-7241 Staff AnalysisJune 24, 2002 ITEM NO.: 11 File No.: Z-7241 Owner: Peggy Keyes Address: 4717 Elmwood Drive Description: Lot 10 and the South 30 feet of Lot 11, Block 9, Pike Addition Zoned: R-2 Variance Requested: A variance is requested from the fence height provisions of Section 36-516 to allow a six (6) foot high privacy fence between a required building setback and a street right-of-way. Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential The existing fence is located in the public right-of-way. Relocate fence to property boundary or obtain franchise agreement with Public Works. B. Staff Analysis: The R-2 zoned property at 4717 Elmwood Drive contains a one-story frame single family residence. The property owner recently removed an old fence which enclosed the rear yard and began replacing it with a six (6) foot high wood privacy fence. The new privacy fence extends from the house to the south property line and along the majority of the south property line (along Brandon Drive right-of-way). The fence is actually located approximately 4.5 feet into the Brandon Drive right-of-way. The fence construction was halted when the property owner received a courtesy notice from the City's Zoning Enforcement Staff. Section 36- 516(e)(1) allows a maximum height of four (4) feet for fences located June 24, 2002 Item No.: 11 (Cont. between a required building setback line and a street right-of-way. The minimum required building setback line along the south (Brandon Drive side) property line is eight (8) feet. Therefore, the property owner requests a variance to allow the six (6) high privacy fence between the required eight (8) foot side yard setback and the Brandon Drive right-of- way. Staff is supportive of the variance request. Staff feels that the new wood privacy fence will have no adverse impact on the adjacent properties or the general area. This property has a rear yard relationship with the property immediately east, with an alley separating the properties. Additionally, Public Works has noted that there are no sight/distance issues associated with the new fence. There is very little traffic in this immediate area along Elmwood Drive and Brandon Drive. Public Works has also noted support of a franchise permit to leave the fence in the Brandon Drive right-of-way. C. Staff Recommendation: Staff recommends approval of the requested fence height variance subject to a franchise permit being obtained for that portion of the fence located in the Brandon Drive right-of-way. BOARD OF ADJUSTMENT: (JUNE 24, 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. 2