HomeMy WebLinkAboutZ-7763 Staff AnalysisDECEMBER 20, 2004
ITEM NO.: 4
File No.: Z-7763
Owner: James and Linda Harvey
Address: 6 Ledgelawn Drive
Description: Lots 2 and 3, Block 7, Hickory Ridge Addition, Phase III
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 and which is
located in the public right-of-way.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
Single Family Residential
1. The fence should extend no more than five (5) feet into the public right-of-
way.
2. A franchise agreement must be obtained from Public Works.
B. Staff Analysis:
The R-2 zoned property at 6 Ledgelawn Drive is occupied by a two-story brick
and frame single family residence. A two -car wide driveway from Ledgelawn
Drive serves as access. All surrounding properties are zoned R-2 and contain
single family residences.
The applicants propose to construct a five (5) foot high wrought iron fence on a
one (1) foot high masonry base as noted on the attached site plan. The fence
will be located in the right-of-way, between the front property line and the
street curb. The fence will also extend along a portion of the west and south
side property lines. The applicants note that the fence is requested in order to
provide security and protection for water features which will be constructed on
the property.
DECEMBER 20, 2004
ITEM NO.: 4 (CON'T.)
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum
height of four (4) feet for fences on walls located between a required building
setback line and a street right-of-way. There is a 25 foot front platted building
line along the Ledgelawn Drive frontage. Therefore, the applicants are
requesting a variance to allow the six (6) foot high fence structure to be located
between the front platted building line and the street.
Staff is not supportive of the variance as requested. Staff would have no
problem supporting a variance for the six (6) foot high fence if it were located
on the front property line. However, staff can see no good reason for locating
the fence in the right-of-way, extending across the front property line by
approximately six (6) feet. Staff cannot support this type of right-of-way
encroachment which could have a negative impact on future utility or street
maintenance operations. If the Board approves the requested fence height
and location, the applicant will need to obtain a franchise agreement from
Public Works prior to any construction.
C. Staff Recommendation:
Staff recommends denial of the requested fence variance, as filed.
BOARD OF ADJUSTMENT: (DECEMBER 20, 2004)
Jim Harvey was present, representing the application. There were no objectors
present. Staff presented the item with a recommendation of denial.
Mr. Harvey addressed the Board in support of the application. He explained why the
fence was requested to be located in the right-of-way.
Chairman Gray explained that he could not support the encroachment into the right-
of-way. He noted that the fence needed to be put on the property line.
Vice Chairman Francis concurred with Chairman Gray. He noted that he was
reluctant to support right-of-way encroachments.
There was a discussion about amending the application. Mr. Harvey amended the
application to locate the proposed fence/wall on the front property line and out of the
right-of-way.
There was a motion to approve the fence/wall height variance (6 foot overall height),
with the fence/wall being located on the front property line. The motion passed by a
vote of 5 ayes and 0 nays. The amended application was approved.
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