HomeMy WebLinkAboutZ-7276 Staff AnalysisAugust 26, 2002
ITEM NO.: 10
File No.: Z-7276
Owner: Diana Hayes
Address: 4200 Cobb Street
Description: Lot 6, Block 98, John Barrow 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 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 appears to encroach on the public right-of-way of 42nd Street.
Document fence locations in relation to property corners. If encroachment
is indicated, obtain a franchise agreement with Public Works.
B. Staff Analysis:
The R-3 zoned property at 4200 Cobb Street is occupied by a one-story >.
brick and frame single family residence. There is a single -car driveway at
the northeast corner of the property which serves as access. The
property owner recently removed a chain-link fence which enclosed the
rear yard of the property and constructed a six (6) foot wood screening
fence in its place. The fence is located along the south, west and north
property lines, extending approximately five (5) feet into the right-of-way
for West 42"d Street.
August 26, 2002
m No.: 10 (Cont.
Section 36-516(e)(1)a. of the City's Zoning Ordinance states that fences
constructed in residential zones, between a required building setback line
and a street right-of-way, shall have a maximum height of four (4) feet.
The required building setback along the north property line of this lot is
4.77 feet. Therefore, the applicant is requesting a variance to allow the
six (6) foot high screening fence between the required 4.77 foot side yard
setback and the West 42nd Street right-of-way.
Staff is supportive of the variance request. Based on the fact that the
residential property immediately to the west has a rear yard relationship to
this property, the six (6) foot tall screening fence will have no adverse
impact on that adjacent property, or the general area. Additionally, the
fence is located far enough west on this lot as to create no sXt-distance
problems for traffic at the intersection of Cobb and West 42" Streets_
As noted previously, the fence does extend approximately five (5) feet into
the West 42nd Street right-of-way. If the Board approves the fence height
variance, the applicant must obtain a franchise agreement from Public
Works. There are other existing fences in this immediate area which were
constructed years ago and also extend into the public rights-of-way.
C. Staff Recommendation:
Staff recommends approval of the requested fence height variance
subject to the following conditions:
1. A building permit must be obtained for the fence construction.
2. A franchise must be obtained for that portion of the fence which
extends into the public right-of-way.
BOARD OF ADJUSTMENT: (AUGUST 26, 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.
RAI