HomeMy WebLinkAboutZ-7861 Staff AnalysisJUNE 27, 2005
ITEM NO,: 10
File No.: Z-7861
Owner/Applicant: John D. Curreri
Address: 40 Legends Drive
Description: Lot 901, Fairway Woods 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.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
Single Family Residential
Single Family Residential
The R-2 zoned property at 40 Legends Drive is occupied by a one-story brick
single family residence. There is a circular driveway from Legends Drive which
serves as access to the property. The property is located at the northeast corner
of Legends Drive and Jack Nicklaus Cove. The property is located two (2) to
three (3) feet above the grade of Jack Nicklaus Cove. There is a 25 foot platted
building line along both street frontages (south and west).
The applicant proposes to construct a wood privacy fence to enclose the rear
yard, as noted on the attached site plan. The applicant is proposing a seven (7)
foot high fence extending from the northwest corner of the house to the north
property line, then running approximately 15 feet to the east along the north
property line. The applicant is proposing a six (6) foot high fence along the
remainder of the north property line. There is an existing six (6) foot high fence
along the east property line. The applicant proposes to construct a seven (7) foot
high fence section from this existing fence to the east side of the house. The
JUNE 27, 2005
ITEM NO.: 10 CON'T.
seven (7) foot high section extending from the northwest corner of the house will
cross the 25 foot platted side building line by approximately five (5) feet at the
north property line. The seven (7) foot high fence section on the east side of the
residence will include a gate for vehicular access to the rear garage.
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. A maximum fence height of six (6) feet is allowed along
interior property lines. Therefore, the applicant is requesting a variance to allow
the proposed seven (7) foot high fence sections.
Staff is not supportive of the requested fence height variance, as filed. Given the
fact that the residences immediately north along the east side of Jack Nicklaus
Cove are set back at least 25 feet from their front property lines and have a front
yard relationship to the proposed fence section extending from the northwest
corner of the residence, staff will suggest the proposed seven (7) foot high fence
section follow the 25 foot platted side building line along Jack Nicklaus Cove and
not extend into the front yard of the residence to the north. With this minor
revision, staff could support the variance request as the fence should have no
adverse impact on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends denial of the requ4ested fence height variance, as filed.
BOARD OF ADJUSTMENT: (JUNE 27, 2005)
Staff informed the Board that the applicant had revised the application to have the
proposed fence follow the platted building line along Jack Nicklaus Cove, and not
extend between the building line and the street. Staff recommended approval of the
revised application, subject to the following conditions:
1. The finished side of the fence must face outward.
2. A building permit must be obtained for the fence construction.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff by a vote of 4 ayes, 0 nays and 1 absent.
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