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HomeMy WebLinkAboutZ-8135 Staff AnalysisDECEMBER 18, 2006 ITEM NO.: E File No.: Z-8135 Owner/Applicant: Larry Burrell Address: 1730 N. Spruce Street Description: Lot 42R, Cliffewood Addition 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: Cantrell Road (AR State Hwy 10) is a principal arterial street with high traffic volumes and high traffir. GpPPdS. The_iron_fence_on_ the __existing -rock wall further deteriorates the intersection visibility for drivers entering Cantrell Road from Spruce St. With this new addition, drivers are forced to ease the fronts of their vehicles onto Cantrell Road creating a safety hazard. Section 32.8 of city code states not 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. B. Staff Analysis The R-2 zoned property at 1730 N. Spruce Street is occupied by a three-story rock and stucco single family residence which was recently constructed. The property is located at the southwest corner of N. Spruce Street and Cantrell Road. There is a circular driveway from N. Spruce Street which serves as DECEMBER 18, 2006 ITEM NO.: E (CON'T. access. There is a short masonry wall along the north (Cantrell Road) property line. The applicant recently placed a short wrought iron fence on top of the existing masonry wall. The wall/fence ranges in height from 70 inches (72 inches including fence post) at the northwest corner of the property to 72 inches (76 inches including fence post) at the northeast corner of the house. The applicant is proposing a gate from the northeast corner of the house to the fence. The applicant is also proposing a six (6) foot high wood fence along the rear (west) property line. 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 masonry wall/fence with a height ranging from 70 inches to 72 inches along the north property line, between the five (5) foot side building setback line and the Cantrell Road right-of-way. The applicant is also requesting the variance to include the north five (5) feet of the six (6) foot high wood fence along the rear property line. Staff does not support the variance as requested. As noted in paragraph A. of the staff report, the masonry wall/fence overall height creates a health/safety issue. The placement of the fence requires drivers on N. Spruce Street pull the nose of their vehicles onto Cantrell Road to view oncoming traffic. Public Works notes that the fence would have to be pulled back 50 feet from the northeast corner of the property in order to comply with Section 32.8 of the City code. If the applicant were willing to move the fence back to comply with this standard, staff could support the fence height variance for the remainder of the fence located between the side building setback line and the Cantrell Road right=of=VV1ay. C. Staff Recommendation: Staff recommends denial of the requested fence height variance, as filed. DECEMBER 18, 2006 ITEM NO.: E (CON'T.) BOARD OF ADJUSTMENT: (NOVEMBER 27, 2006) Staff informed the Board that the applicant requested the application be deferred to the December 18, 2006 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred by a vote of 4 ayes, 0 nays, and 1 open position. BOARD OF ADJUSTMENT: (DECEMBER 18, 2006) The applicant was present. There were no objectors present. Staff presented the item. Staff informed the Board that the applicant had revised the application to construct the proposed fence in conformance with the Public Works requirements as noted in Paragraph A. of the staff report. Staff recommended approval of the revised application, subject to obtaining a building permit for the fence construction. The applicant offered not additional comments. The item was placed on the Consent Agenda and approved as revised and recommended by staff by a vote of 3 ayes, 0 nays, 1 absent and 1 open position.