HomeMy WebLinkAboutZ-8134 Staff AnalysisNOVEMBER 27, 2006
ITEM NO.: 6
File No.: Z-8134
Owner/Applicant: Nickie Smith
Address: 9401 Mann Road
Description: Southeast corner of Mann Road and Wilderness Road
Zoned: R-2
Variance Requested: A variance is requested from the area 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:
1. Section 32.8 of city code states no obstructions higher than 30 inches shall
be located within a triangular area 50 ft. back from the intersecting right-of-
way line (or intersecting tangent lines for radial dedications) at intersections.
The obstruction resulting from the fence causes drivers to ease the nose of
their vehicle out onto Mann Road creating a safety hazard.
2. Obtain a franchise agreement from Public Works (John Barr, 371-4646)
for the improvements located in the right-of-way.
B. Staff Analysis:
The R-2 zoned property at 9401 Mann Road contains a one-story brick and
frame single family residence. The property is located at the southeast corner
of Mann Road and Wilderness Road. There is a one (1) car wide driveway
from Mann Road which leads to a carport on the east end of the house.
The applicant recently constructed a six (6) foot high wood fence along the
front (north) property line, as noted on the attached site plan. The east end of
the fence extends slightly into the Mann Road right-of-way, with the fence's
west end also extending into the right-of-way and attaching to a four (4) foot
NOVEMBER 27, 2006
ITEM NO.: 6 (CON'T.
high chain-link fence located within the Wilderness Road right-of-way. The
chain link fence is very old and also runs along the south (rear) and east (side)
property lines. When staff became aware of the new wood fence construction,
a Courtesy Notice was issued to remove the fence or request a variance.
Section 36-516(e)(1) 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. Other fences may be constructed to a height of six (6)
feet. Therefore, the applicant is requesting a variance to allow the six (6) foot
high wood fence along the front (north) property line.
Staff does not support the variance as requested. As noted in paragraph A. of
the staff report, the wood fence does create a health/safety issue. The
placement of the fence requires drivers on Wilderness Road pull the nose of
their vehicles onto Mann Road to view oncoming traffic. Public Works notes
that the fence would have to be pulled 50 feet from the northwest corner of the
property (intersecting tangent lines) in order to comply with Section 32.8 of the
city code. If the applicant were willing to move both the wood and chain-link
fences to comply with this standard, staff could support the fence height
variance for the remainder of the fence located between the front building
setback and the Mann Road right-of-way. The applicant would also have to
pull the east portion of the fence back to the property line or obtain a franchise
to have it slightly into the Mann Road right-of-way.
C. Staff Recommendation:
Staff recommends denial of the requested fence height variance, as filed.
BOARD OF ADJUSTMENT:
(NOVEMBER 27, 2006)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval.
Staff informed the Board that the applicant had revised the application to move the
fence back as required by Public Works and noted in paragraph A. of the staff
report. Staff recommended approval of the revised application, subject to the fences
being moved and a franchise obtained within 60 days.
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.