HomeMy WebLinkAboutZ-7958 Staff AnalysisNOVEMBER 28, 2005
ITEM NO.: 4
File No.: Z-7958
Owner: Samuel and Nancy Ledbetter
Applicant: Samuel Ledbetter
Address: 324 Charles Street
Description: Lots 6 and 7, Block 8, Midland Hills Addition
Zoned: R-3
Variance Requested: A variance is requested from the fence provisions of Section
36-516 to allow a fence with increased height.
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:
Sidewalk was previously removed. Sidewalks and ramps must be
installed to the current ADA standards.
B. Staff Analysis:
The R-3 zoned property at 324 Charles Street is occupied by a two-story frame
single family residence. The applicant recently acquired the vacant lot
immediately east of 324 Charles Street. There is a new two -car wide concrete
driveway from Charles Street which serves as access. A partially paved alley
runs along the rear (south) property line. The property slopes downward
slightly from west to east (side to side). A wood fence is located around a
portion of the rear and side yards. The existing fence ranges in height from six
(6) feet to eight (8) feet depending on the slope within certain areas.
NOVEMBER 28, 2005
ITEM NO.: 4 (CON'T.
The applicant proposes to replace and extend portions of the existing fence
and construct new fence sections, as noted on the attached site plan. The
new fence sections and extensions of existing fence sections will maintain the
same heights as the existing fence. The existing fence along the west side
property line is approximately seven (7) to eight (8) feet in height. The fence
along the south (rear) property line is six (6) to seven (7) feet in height. The
fence along the east side property line which will be replaced with a new fence
constructed along the new east side property line of the vacant lot is seven (7)
to eight (8) feet in height. No portion of the existing or proposed fencing is
located between the front building setback line and the front property line.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows fences in
residential zoning to have a maximum height of six (6) feet. Therefore, the
applicant is requesting a variance to allow the fencing to exceed the maximum
height allowed.
Staff is supportive of the requested variance. Staff feels the request is
reasonable given the slope of the property. As noted previously, portions of
the existing fence are located seven (7) to eight (8) feet above grade. It
appears that this fence height has had no negative impact on the adjacent
properties. Staff feels that replacing and extending the existing fence as
proposed by the applicant will have no adverse impact on the adjacent
properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested fence height variance, subject to
the following conditions:
1. No portion of the fence must exceed eight (8) feet in height as measured
from the grade of the low side of the fence.
2. A building permit must be obtained for the fence construction.
BOARD OF ADJUSTMENT: (NOVEMBER 28, 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 absent.