HomeMy WebLinkAboutZ-7892 Staff AnalysisJULY 25, 2005
ITEM N
File No.: Z-7892
Owner: James and Jan Eager
Applicant: James D. Eager
Address: 9 Bent Tree Drive
Description: Lot 24, Longlea Estates 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: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The R-2 zoned property at 9 Bent Tree Drive is occupied by a two-story brick
single family residence. The property is located at the southeast corner of
Bent Tree Drive and Bent Tree Court. There is a two car wide driveway from
Bent Tree Court which serves as access. The property backs up to a rather
wide drainage ditch. The rear portion of the lot is designated as a drainage
easement. There is a pool in the rear yard which is located slightly into the
easement.
A six (5) foot high wood fence which was constructed 20 years ago and
enclosed the rear yard area of the lot was recently damaged by high winds.
The applicant rebuilt the six (6) foot high fence (with brick columns) at the
JULY 25, 2005
ITEM NO.: 8 (CON'T.)
same location as the old fence, as noted on the attached site plan. The fence
extends a few feet into the rear drainage easement. A portion of the fence is
also located between a 25 foot side platted building line and Bent Tree Court
right-of-way.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum
fence height of four (4) feet for residential fences located between building
setback lines and street rights-of-way. Other residential fences can have a
maximum height of six (6) feet. Therefore, the applicant is requesting a
variance to allow the six (6) foot high fence between the 25 foot platted side
building line and Bent Tree Court.
Staff is supportive of the requested variance. Staff feels the variance request
is reasonable based on the fact that the lot backs up to a wide drainage area
and not the front yard of another residence. Staff feels the fence will have no
adverse visual impact on adjacent property, and will create no site -distance
problem. The applicant should be aware that if any portion of the fence located
within the drainage easement is damaged during maintenance work on the
drainage area, it must be replaced/repaired at the applicant's expense. Staff
believes the fence construction will have no negative impact on the adjacent
properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested fence variance, subject to a
building permit being obtained for the fence construction.
BOARD OF ADJUSTMENT: (JULY 25, 2005)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval.
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 open position.
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