HomeMy WebLinkAboutZ-7659 Staff AnalysisOCTOBER 25, 2004
ITEM NO.: A
File No.: Z-7659
Owner: Davis Fitzhugh and various owners
Address: Along David O. Dodd Road, South of J.A. Fair High School
Description: Kenwood Subdivision (Lots 2-12, 52-61 and 85-95).
Zoned: R-2
Variance Requested: A variance is requested from the fence provisions of
Section 36-516 to allow privacy fences which exceed the maximum height
allowed.
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:
No Comments.
B. Staff Analysis:
Kenwood Subdivision is a 215 lot single family subdivision located along
the east and north sides of David O. Dodd road, south of Colonel Glenn
Road and west of Interstate 430. The preliminary plat for the
subdivision was approved by the Planning commission on November
11, 1999. The first two (2) phases of the subdivision have been final
platted, with several homes having been constructed and in the process
of being constructed.
When the plat was approved, the Planning Commission required a 10
foot wide "no vehicular access easement and undisturbed buffer" along
the entire perimeter of the subdivision where adjacent to David O. Dodd
Road. In other words, the rear 10 feet of Lots 1-12, 53-60 and 86-95
were set aside as an undisturbed buffer with no vehicular access. Rear
OCTOBER 25, 2004
ITEM NO.: A (CON'T.
portions of Lots 61 and 85 are also included in the undisturbed buffer/no
vehicular access issue. A larger portion of Lot 52 is included in a
drainage easement with no fencing allowed.
It recently came to staff's attention that the 10 foot wide buffer had been
cleared on several of the lots, with some of the lots having constructed
fences on the rear property lines. Inspection of the property revealed
that Lots 1 and 85-95 are developed. Lots 85-88 and 93-95 have 6 foot
high wood fences located on their rear property lines within the 10 foot
buffer area. Lots 89-92 have 6 foot wood fences that appear to be 10
feet back from the rear property line. The 10 foot buffer at the rear of
Lots 85-95 appears to have been cleared with each individual lot
development.
Lots 53-61 are undeveloped, but have been cleared. It appears that the
10 foot buffer at the rear of these lots has also been cleared. No fences
have been constructed on these lots.
Lots 2-12 are also undeveloped. The 10 foot buffer at the rear of these
lots is undisturbed. Lot 1 recently was approved by the Board of
Adjustment for a six (6) foot high fence, 10 feet back from the rear
property line. The 10 foot buffer at the rear of Lot 1 which was
disturbed was replanted as a condition of the Board of Adjustment
approval.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a
maximum residential fence height of four (4) feet for fences located
between a required building setback line and a street right-of-way. A
maximum fence height of six (6) feet is allowed elsewhere on a
residential lot. The subdivision developer, Davis Fitzhugh, has filed a
variance request to allow six (6) foot high wood privacy fences to be
constructed within the rear 25 feet of Lots 2-12, 53-61 and 85-95. The
fences will be located 10 feet back from the rear property lines to
recognize the required 10 foot buffer. Mr. Fitzhugh has filed the
variance request on behalf of the lots he still owns and the other
individual lot owners (Lots 85-95).
Staff is supportive of the requested variance. Staff feels that the
request is reasonable. However, staff will require that the 10 foot buffer
area along David O. Dodd Road be replanted where it has been
disturbed. Given the fact that the 10 foot undisturbed buffer was a
requirement of the Planning Commission's approval of the plat and not
a Zoning Ordinance buffer requirement, the Board of Adjustment cannot
approve a fence to be located within the buffer area nor can the Board
approve a variance from the buffer requirement. If any of the lot owners
2
OCTOBER 25, 2004
ITEM NO.: _A (CON'T.)
wish to locate their fences within the buffer area and/or not replant the
buffer where disturbed, a revised preliminary plat must be filed with the
Planning Commission.
C. Staff Recommendations:
Staff recommends approval of the requested variance, subject to the
following conditions:
1. The six (6) foot high fences must be located 10 feet back from the rear
property lines and not within the required buffer area.
2. Any fences currently within the 10 foot buffer area must be removed
from the buffer within 30 days.
3. The buffer area which has been disturbed (Lots 53-61 and 85-95) must
be replanted within 60 days. Contact Bob Brown, Plans Development
Administrator, (371-4864) for details concerning the replanting.
4. Any fencing must be located 7.5 feet back from the side property line
between Lots 55 and 56 to recognize a platted auxiliary access
easement.
5. No fencing will be allowed within the drainage easement at the rear of
Lot 52. Staff supports a 6 foot high fence within the rear 25 feet of this
lot, outside the drainage easement area.
6. Construction fencing must be placed at the rear of Lots 2-12 (10 feet in
from rear property line) prior to any clearing, in order to protect the
undisturbed buffer.
7. Construction fencing must also be placed at the rear of Lots 53-61 (10
feet in from rear property line) prior to individual lot development, in
order to protect the buffer area which will be replanted.
BOARD OF ADJUSTMENT:
(JUNE 28, 2004)
Staff informed the Board that the applicant requested to defer the application to
the July 26, 2004 Agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred to the July 26, 2004
Agenda by a vote of 5 ayes and 0 nays.
BOARD OF ADJUSTMENT:
(JULY 26, 2004)
Staff informed the Board that the applicant requested to defer the application to
the august 30, 2004 Agenda. Staff supported the deferral request.
3
OCTOBER 25, 2004
ITEM NO.: A ICON'T.
The item was placed on the Consent Agenda and deferred to the August 30,
2004 Agenda by a vote of 3 ayes, 0 nays and 2 absent.
BOARD OF ADJUSTMENT:
(AUGUST 30, 2004)
Staff informed the Board that the applicant requested to defer the application to
the October 25, 2004 Agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred to the October 25,
2004 Agenda by a vote of 4 ayes, 0 nays and 1 absent.
BOARD OF ADJUSTMENT:
(OCTOBER 25, 2004)
Staff informed the Board that the applicant submitted a letter to staff requesting
that the application be withdrawn, as the Planning Commission revised the
preliminary plat for the property which addressed the fence issue. Staff
supported the withdrawal request.
The item was placed on the Consent Agenda and withdrawn by a vote of 4 ayes,
0 nays and 1 absent.
n