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HomeMy WebLinkAboutZ-7537 Staff AnalysisJanuary 26, 2004 ITEM NO.: A File No.: Z-7537 Owner: Jose Abel Rimirez Ribera Address: 9213 Tedburn Circle Description: Lot 204, Section "D", Merrivale Addition Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36-516 to allow a privacy fence which exceeds the maximum height allowed. Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The applicant's justification is presented in an attached letter. Single Family Residence Single Family Residence The R-2 zoned property at 9213 Tedburn Circle is occupied by a one- story brick and frame single family residence. There is a one -car driveway from Tedburn Circle which serves as access: The applicant recently constructed a six (6) foot high wood privacy fence along the entire north property line, extending from the northeast corner of the lot into the front yard and to the property's northwest corner. At the northwest corner of the lot the fence turns and runs three to four feet along the front property line. 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 a building setback line and a street right-of-way. Therefore, the applicant is requesting a January 26, 2004 ITEM NO.: A (Cont. variance to allow the six (6) foot high wood fence between the 25 foot front platted building line and the Tedburn Circle right-of-way. Staff does not support the requested variance. A six (6) foot high opaque fence extending into the front yard of this property is out of character with the neighborhood. Staff did not observe any other opaque fences extending into the front yards of the residences along Tedburn Circle. Staff feels that the six (6) foot high fence has an adverse visual impact on the adjacent property to the north, as it extends into the front yard area. Staff believes that the portion of the fence within the front 25 feet of the lot should be reduced to a height of four (4) feet, which would conform to ordinance standards. C. Staff Recommendations: Staff recommends denial of the requested fence height variance. BOARD OF ADJUSTMENT: (NOVEMBER 24, 2003) Staff informed the Board that the applicant failed to complete the required notifications to surrounding property owners. Staff -recommended that the item be deferred to the December 22, 2003 agenda. The item was placed on the Consent Agenda and deferred to the December 22, 2003 Agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (DECEMBER 22, 2003) Staff informed the Board that the applicant failed to complete the required notifications to surrounding property owners. Staff recommended that the item be deferred to the January 26, 2004 Agenda. The item was placed on the Consent Agenda and deferred to the January 26, 2004 Agenda by a vote of 5 ayes and 0 nays. OARD OF ADJUSTMENT - (JANUARY 26, 2004) The applicant was not present. Staff noted that the applicant had not been present at the last two (2) meetings and had not completed the required notifications to surrounding property owners. Staff recommended that the application be withdrawn. The item was placed on the Consent Agenda and withdrawn by a vote of 4 ayes, 0 nays and 1 absent. 4 November 24, 2003 ITEM NO.: 8 File No.: Z-7537 Owner: Jose Abel Rimirez Ribera Address: 9213 Tedburn Circle Description: Lot 204, Section "D", Merrivale Addition Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36-516 to allow a privacy fence which exceeds the maximum height allowed. Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The applicant's justification is presented in an attached letter. Single Family Residence Single Family Residence The R-2 zoned property at 9213 Tedburn Circle is occupied by a one- story brick and frame single family residence. There is a one -car driveway from Tedburn Circle which serves as access. The applicant recently constructed a six (6) foot high wood privacy fence along the entire north property line, extending from the northeast corner of the lot into the front yard and to the property's northwest corner. At the northwest corner of the lot the fence turns and runs three to four feet along the front property line. 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 a building setback line and a street right-of-way. Therefore, the applicant is requesting a November 24, 2003 ITEM NO.: 8 (Cont. variance to allow the six (6) foot high wood fence between the 25 foot front platted building line and the Tedburn Circle right-of-way. Staff does not support the requested variance. A six (6) foot high opaque fence extending into the front yard of this property is out of character with the neighborhood. Staff did not observe any other opaque fences extending into the front yards of the residences along Tedburn Circle. Staff feels that the six (6) foot high fence has an adverse visual impact on the adjacent property to the north, as it extends into the front yard area. Staff believes that the portion of the fence within the front 25 feet of the lot should be reduced to a height of four (4) feet, which would conform to ordinance standards. C. Staff Recommendations: Staff recommends denial of the requested fence height variance. 2