HomeMy WebLinkAboutZ-7260 Staff AnalysisJuly 29, 2002
ITEM NO.: 14
File No.: Z-7260
Owner: James W. Martin
Address: 521 Midland Avenue
Description: Lot 5, Block 12, except the east 35 feet,
East Pulaski Heights Addition
Zoned- R-3
Variance Requested: A variance is requested from the fence
provisions of Section 36-516 to allow a six
(6) foot high wood screening fence between
a building setback line 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
Public Works recommends denial. Sight distance is already limited at the
intersection or Kavanaugh and Midland. A fence located within, on, or
near the right-of-way line at this location would further impair sight
distance posing a potential traffic hazard.
B. Staff Analysis:
The R-3 zoned property at 521 Midland Avenue is occupied by a two-story
brick and frame single family residence. There is an accessory building
located near the southeast corner of the property. The property sits
approximately eight (8) feet below the grade of Kavanaugh Blvd. The
applicant proposes to construct a six (6) foot high wood screening fence,
running from the northeast corner of the property approximately 75 linear
feet to the west. The fence is proposed to be located in the Kavanaugh
Blvd. right-of-way, approximately one (1) foot inside the existing sidewalk.
July 29, 2002
Item No.: 14 (Cont.
Section 36-516(e)(1)a. of the City's Zoning Ordinance requires that fences
constructed between a required building setback line and a street right-of-
way have a maximum height of four (4) feet. Therefore, the applicant is
requesting a variance to allow the six (6) foot high fence. The applicant is
also proposing to construct a 28 foot by 28 foot wood deck on the east
side of the existing residential structure. This proposed deck conforms to
ordinance standards and requires no variances.
Staff does not support the requested variance. As noted by Public Works
in paragraph A. of this report, sight -distance is already limited at this
intersection of Kavanaugh Blvd. and Midland Avenue. The grade of
Midland Avenue combined with the curvature of Kavanaugh Blvd., existing
landscaping and on -street parking in this immediate area make sight -
distance a problem at this intersection. The addition of the proposed
fence would further exacerbate this site -distance problem, and make the
left-hand turn from Midland Avenue (north -bound) onto Kavanaugh Blvd.
very dangerous. If the Board approves this application, the applicant must
obtain a franchise permit from the City's Public Works Department.
C. Staff Recommendation:
Staff recommends denial of the requested fence height variance.
BOARD OF ADJUSTMENT: (JULY 29, 2002)
Staff informed the Board that the applicant had verbally requested that this
application be withdrawn, without prejudice. Staff supported the withdrawal
request, noting that the applicant had not submitted proof of notification of
surrounding property owners.
The item was placed on the Consent Agenda and withdrawn, without prejudice,
by a vote of 4 ayes, 0 nays and 1 absent.
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