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HomeMy WebLinkAboutZ-7996 Staff AnalysisFEBRUARY 27, 2006 ITEM NO.: 5 File No.: Z-7996 Owner: Larry Dorn Address: 22 Carriage Creek Drive Description: Lots 107 and 108, Phase II, Carriage Creek Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36-516 to allow a masonry wall 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 22 Carriage Creek Drive is occupied by a two-story brick single family residence. There is a two -car wide concrete driveway from Carriage Creek Drive which serves as access. The residence occupies two (2) platted lots. The house is located within the west lot, with the driveway and accessory garage building being located on the east lot. As part of the driveway construction, the applicant recently constructed masonry walls along the sides of the driveway and along the east property line as noted on the attached site plan. A portion of the wall structure located between the front 25 foot platted building line and the street right-of-way ranges in height from 3 feet -6 inches to 9 feet -8 inches. Other points of the front wall are 8 feet -5 inches, 8 feet -10 inches and 9 feet -3 inches in height. FEBRUARY 27, 2006 ITEM NO.: 5 (CON'T. Other portions of the wall located between the building line and the street are less than four (4) feet in height. The masonry wall along the east property line has varying heights, with the highest point being 14 feet — 2 inches (northeast corner of the wall). Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence/wall height of four (4) feet for fences/walls located between a building setback line and a street right-of-way, and six (6) feet for fences/walls located elsewhere on residential lots. Therefore, the applicant is requesting a variance to allow the existing portion of the masonry wall located between the front building line and the street to have heights ranging from 3 feet -6 inches to 9 feet -8 inches. The applicant has noted that the existing wall along the east property line will be reduced to a height of six (6) feet (as viewed from the low side of the wall). Staff is supportive of the requested variance. Staff views the wall portion located between the front building line and the street as having no adverse visual impact on the adjacent properties. The property has a natural slope upward from the street, and the existing wall is a retaining wall structure for the existing driveway area. If the wall were located slightly further back (behind the front building line) it could be built to the height allowed in the zoning district (35 feet). Staffs main concern has been with the rather high wall along the east property line. As noted previously, the applicant has agreed to lower this wall to six (6) feet which will greatly improve the appearance of the property. Staff believes the front wall, as constructed, will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested wall height variance, subject to the following conditions: 1. The height of the existing wall along the east property line must be reduced to a height not exceeding six (6) feet (as measured from the low side) within 30 days. 2. A building permit must be obtained for all construction. BOARD OF ADJUSTMENT: (FEBRUARY 27, 2006) Larry Dorn was present, representing the application. There were two (2) persons present in opposition. Staff presented the application with a recommendation of approval. 2 FEBRUARY 27, 2006 ITEM NO.: 5 (CON'T. BOARD OF ADJUSTMENT: (FEBRUARY 27, 2006 CON'T.) Larry Dorn addressed the Board in support of the application. Mr. Dorn gave a brief description of the wall construction, noting that the front wall is a retaining wall and not a decorative wall. Joel Johnson, of 20 Carriage Creek Drive, spoke in support. He explained that the wall construction was consistent with the type of home construction. L.K. Moore, of the Carriage Creek Property Owner's Association, addressed the Board in opposition. He noted that Mr. Dorn had not been before the Property Owners' Association Architectural Review Committee for approval of the wall construction. He stated that the wall construction did not conform to the building permit issued by the City. Staff confirmed this issue. He submitted photos to the Board for review. Thomas Shanks, past president of the POA, also spoke in opposition. He noted that the Bill of Assurance for the neighborhood did not permit wall heights as constructed by Mr. Dorn. In response to a question from the Board, staff explained that a wall structure could be constructed to the height of the zoning district if it meets minimum building setbacks. Mr. Dorn further described the wall construction. There was additional discussion of the wall height., Mr. Shanks and Mr. Moore made additional statements during the discussion. Frances Starnes spoke in support of the application. Vice Chairman Burruss noted support of the application. There was a motion to approve the application, as recommended by staff. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was approved. 2