HomeMy WebLinkAboutZ-7275 Staff AnalysisSeptember 30, 2002
.: C
File No.: Z-7275
Owner: Jose Tejeda
Address: 3801 West Street
Description: Lot 16, Block 1, West Heights Place
Addition
Zoned: R-2
Variance Requested: A variance is requested from the fence
provisions of Section 36-516 to allow a six
(6) foot privacy fence between a building
setback line and a street right-of-way.
Justification: The applicant's justification is presented in
an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
The fence encroaches on the public riet-of-way of West Street and limits
sight distance at the intersection of 38 and West. Remove fence from
the 38th Street right-of-way back to the front building line. Obtain a
franchise agreement with Public Works for the remainder of the fence.
B. Staff Anal sis:
The R-2 zoned property at 3801 West Street is occupied by a two-story
brick and frame single family residence and a one-story frame residential
structure. There is a two -car driveway from West 38th Street which serves
as access to the property. A six (6) foot tall wood screening fence was
recently constructed along the west and south property lines. A portion of
this fence was constructed between the required building setback line and
the West Street right-of-way, and actually extends into the West Street
right-of-way by two (2) feet at the southwest corner of the property. There
is a 25 foot platted building line along the west property line of this lot.
September 30, 2002
Item No.: C (Cont_
Section 36-516(e)(1)a. of the City's Zoning Ordinance states that fences
constructed between a building setback line and a street right-of-way shall
have a maximum height of four (4) feet. Therefore, the applicant is
requesting a variance to allow the six (6) foot tall wood fence.
Staff is not supportive of the requested variance. As noted in paragraph
A. of this report, Public Works feels that the fence limits sight distance at
the intersection of West 38th and West Streets. Public Works noted that a
portion of the fence, starting at the northwest corner of the property and
running 25.6 feet to the south, should be removed (or reduced to a height
not exceeding 4 feet) in order to improve the sight distance. Also, a
franchise agreement would be needed for the remainder of the fence,
based on the fact that it is in the West Street right-of-way.
C. Staff Recommendation:
Staff recommends denial of the application, as submitted.
BOARD OF ADJUSTMENT: (AUGUST 26, 2002)
Staff informed the Board that the applicant requested that this application be
deferred to the September 30, 2002 agenda. Staff supported the deferral
request.
The item was placed on the Consent Agenda and deferred to the September 30,
2002 agenda by a vote of 4 ayes, 0 nays and 1 absent.
STAFF UPDATE:
Since the August 26, 2002 Board of Adjustment meeting, the applicant has
reduced the height of a portion of the fence, beginning at the northwest corner of
the property and running south to just beyond the front wall of the house (slightly
over 25 linear feet). This portion of the fence has been reduced to a height of
four (4) feet. This, in staff's opinion, eliminates the sight distance problem as
expressed previously. Therefore, staff is now in support of the application.
REVISED STAFF RECOMMENDATION:
Staff recommends approval of the requested fence height variance, subject to
the following conditions:
1. A building permit must be obtained -
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September 30, 2002
Item No.: C (Cont
2. A franchise permit must be obtained for that portion of the fence located
within the West Street right-of-way.
3. The north 25.6 feet of the fence which runs along the west property line
must be maintained at a height not exceeding four (4) feet.
BOARD OF ADJUSTMENT: (SEPTEMBER 30, 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 4 ayes, 0 nays and 1 absent.
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