HomeMy WebLinkAboutZ-7426 Staff AnalysisJune 30, 2003
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File No.: Z-7426
Owner: Calvin Richardson
Address: 3400 Ludwig Street
Description: Lots 5 and 6, Block 183, John Barrow
Addition
Zoned: R-3
Variance Requested: A variance is requested from the fence
provisions of Section 36-516 to allow
construction of a fence which exceeds the
maximum height allowed.
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 concrete block wall encroaches to the center of a platted alley.
Action should be taken to close the alley, or set the wall back within the
owners property.
B. Staff Analysis:
The R-3 zoned property at 3400 Ludwig Street is occupied by a one-story
frame single family residence. There is a single car driveway from Ludwig
Street. The property slopes from the northeast corner downward to the
south and west. There is a newly constructed concrete block retaining
wall along the south, west and a portion of the north property lines. The
applicant is in the process of filling and leveling the rear yard area.
The new retaining wall is located approximately 1 foot inside the south
property line and appears to encroach into the alley right-of-way along the
June 30, 2003
Item No.: 8 (Cont.
west property line by approximately three (3) feet. A small portion of the
wall is located along the north property line at the property's northwest
corner. The wall is approximately six (6) feet above grade at the
southwest corner of the property. The wall is approximately 1 Y2 feet tall
at the southeast corner of the property and 2 — 2 1/2 feet tall at the
property's northwest corner.
The applicant proposes to construct a six (6) foot wood fence on top of
the concrete block wall as shown on the attached site plan, to enclose the
rear yard. A four (4) foot high wood fence is proposed on top of the wall
between the front building line and the Ludwig Street right-of-way. As
viewed from the property immediately to the south, the fence/wall will have
a height of approximately 12 feet at the southwest corner of the property
(3400 Ludwig Street), decreasing to a height of approximately 5'/2 feet at
the southeast corner. As viewed from the property immediately to the
west, the fence/wall will have a height of approximately 12 feet at the
southwest corner of the property, decreasing to a height of 8 — 8'/2 feet
and the northwest corner.
Section 36-516(e)(1)(a) of the City's Zoning Ordinance allows a maximum
fence height of four (4) feet between a building line and a street right-of-
way and a maximum height of six (6) feet along interior property lines.
The applicant is requesting a variance to allow the overall fence/wall
height to exceed four (4) feet between the building setback lines and the
Ludwig and West 34th Street rights-of-way, and to exceed six (6) feet
along the south and west property lines.
Staff does not support the fence height variance as requested. Staff feels
that a six (6) foot high fence on top of the existing retaining wall will be too
imposing on the properties to the south and west. Staff feels that the
overall fence/wall height of 12 feet at the southwest corner of the property
is too high and will negatively impact the adjacent properties. Staff would
support a four (4) foot high wood fence on top of the concrete wall along
the south and west property lines, and a six (6) foot high wood fence
along the street sides as shown on the attached site plan.
As noted earlier, the new concrete wall along the west property line
extends into the alley right-of-way by approximately three (3) feet. The
applicant needs to request to abandon the alley right-of-way or request a
franchise permit from the Public Works Department.
C. Staff Recommendations:
Staff recommends denial of the fence height variance, as requested.
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June 30, 2003
Item No.: 8 (Cont.
BOARD OF ADJUSTMENT: (JUNE 30, 2003)
Calvin and Francis Richardson were present, representing the application.
There were no objectors present. Staff presented the item with a
recommendation of denial. Staff noted that a four (4) foot high fence on top of
the retaining wall could be supported.
Calvin Richardson addressed the Board in support of the application. He noted
that the retaining wall was constructed because of a drainage problem. He
noted that the six (6) foot high fence was needed on top of the retaining wall
because he owned a large dog which could get over a four (4) foot high fence.
Chairman Ruck expressed concern with the wall/fence being in the alley right-of-
way. This issue was briefly discussed.
Mr. Richardson noted that no neighbors were opposed to the proposed fence
construction. He discussed the privacy issue related to the proposed fence. He
further explained the drainage issues associated with the property.
Chairman Ruck expressed concern with the retaining wall construction.
Mr. Richardson explained how the wall was constructed. This issue was briefly
discussed. Mr. Richardson noted that the contractor built the wall according to
the proper specifications.
Terry Burruss asked if a drainage system was installed with the wall construction.
Mr. Richardson explained that a French drain system was installed.
Fred Gray asked if any of the neighbors objected to the wall and fence.
Mr. Richardson noted that no neighbors had expressed any opposition. Staff
noted that no phone calls had been received.
There was a motion to approve the fence height variance, subject to the alley
right-of-way being abandoned or a franchise permit being obtained, prior to a
fence permit being issued. The motion was briefly discussed. Steve Haralson,
of Public Works, indicated that Public Works would not be opposed to a
franchise permit. The motion passed by a vote of 4 ayes, 0 nays and 1 absent.
The application was approved.
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