HomeMy WebLinkAboutZ-7408 Staff AnalysisMay 28, 2003
ITEM NO.: 10
File No.:
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
Z-7408
Dr. Steven Kulick
32 Bellegarde Drive
Lot 1, Block 37, Chenal Valley Addition
Mi
A variance is requested from the fence
height provisions of Section 36-516.
The applicant's justification is presented in
an attached letter.
Single Family Residential
Single Family Residential
The R-2 zoned property at 32 Bellegarde Drive is occupied by a two-story
brick and rock single family residence. There is a two -car driveway from
Bellegarde Drive which serves as access. The lot is located at the
northwest corner of Bellegarde Drive and Latour Lane. There is a 25 foot
platted building line along both street property lines. There is an existing
brick retaining wall located between the platted building line and the east
(Latour Lane) property line. The retaining wall is at grade at both ends,
with the maximum height being approximately three (3) feet near the
center of the wall.
The applicant proposes to enclose the rear yard with a six (6) foot high
wood privacy fence. The east portion of the fence would be located
May 28, 2003
Item No.: 10 (Cont.
approximately four (4) feet inside the existing retaining wall and within the
required 25 foot street side setback.
Section 36-516(e)(1) of the City's Zoning Ordinance allows a maximum
fence height of four (4) feet between a required setback line and a street
right-of-way. Therefore, the applicant is requesting a variance from this
ordinance standard.
Staff is supportive of the variance request. Although a portion of the
fence will have the appearance of being taller, as viewed from the east
with the existing retaining wall, staff feels that it will have no adverse
impact on the adjacent properties or general area. Additionally, the fence
will be located far enough back from the intersection as to create no sight
distance problems. Staff is aware that there is an active Bill of Assurance
for this neighborhood that may contain fence -related requirements or
restrictions. Staff will request a letter from the subdivision's architectural
review committee which approves the proposed fence design and
location.
C. Staff Recommendations:
Staff recommends approval of the requested fence height variance,
subject to the following conditions:
1. A letter from the subdivision's architectural review committee
approving the fence must be submitted to staff.
2. The wood fence will have a maximum height of six (6) feet from grade.
3. A building permit must be obtained for the proposed fence
construction.
BOARD OF ADJUSTMENT: (MAY 28, 2003)
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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