HomeMy WebLinkAboutZ-7443 Staff AnalysisJuly 28, 2003
ITEM NO.: 12
File No.: Z-7443
Owner: John Pike Homes, Inc.
Address: 2 Congressional Drive
Description: Lot 1, Kenwood Estates Subdivision,
Phase 1A
Zoned: R-2
Variance Requested: A variance is requested from the fence
provisions of Section 36-516 to allow a
fence which exceeds the maximum height
allowed.
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No issues.
B. Staff Analysis:
The applicant's justification is presented in
an attached letter.
Single Family Residence — under
construction
Single Family Residential
The R-2 zoned property at 2 Congressional Drive is occupied by a
one-story brick single family residence which is currently under
construction. There is a two -car driveway from Congressional Drive which
serves as access. The lot has a 25 foot platted building line along the
east, west and south property lines. The lot has three (3) street frontages;
Congressional Drive to the east, David O Dodd Road to the west, and
Kenwood Blvd. to the south. There is a 10 foot wide "no vehicular access
easement and undisturbed buffer" along the west (David O Dodd Road)
property line.
July 28, 2003
O.: 12 lCo
The property owner proposes to construct a six (6) foot high wood fence
along the west property line and portions of the north and south property
lines, enclosing the rear yard area. The fence will tie in to the rear corners
of the single family structure, as noted on the attached site plan.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum
fence height of four (4) feet for fences located between building setback
lines and street rights-of-way. Fences located behind building setback
lines may be constructed to a maximum height of six (6) feet. Therefore,
the applicant is requesting a variance to allow the six (6) foot high wood
fence between the 25 foot platted building line and the David O Dodd and
Kenwood Blvd. street rights-of-way.
Staff does not support the variance as requested. Staff cannot support
the proposed fence construction extending into the 10 foot wide
undisturbed buffer along David O Dodd Road. Staff could support the
fence variance with the following conditions:
1. The fence must be located on the east side of the 10 foot wide no
vehicular easement and undisturbed buffer.
2. Public Works approval must be obtained to assure that the fence
does not create a sight -distance problem at the intersection.
Staff feels that a fence constructed to meet these conditions will have no
adverse impact on the surrounding properties or general area.
C. Staff Recommendations:
Staff recommends denial of the fence variance, as requested.
BOARD OF ADJUSTMENT: (JULY 28, 2003)
Staff informed the Board that the applicant submitted a letter requesting revision
of the application as recommended by staff. Staff recommended approval of the
application, subject to the following conditions:
1. The fence must be located on the east side of the 10 foot wide no vehicular
easement and undisturbed buffer.
2. Public Works approval must be obtained to assure that the fence does not
create a sight -distance problem at the intersection, prior to a fence permit
being issued.
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July 28, 2003
ITEM NO.: 12 (Cont.
3. The applicant must replant the 10 -foot undisturbed buffer along the west
property line (which was violated) to staff requirements within 30 days, and
before a fence permit is issued.
The item was placed on the Consent Agenda and approved as recommended by
staff by a vote of 5 ayes and 0 nays.
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