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HomeMy WebLinkAboutZ-8147 Staff AnalysisDECEMBER 18, 2006 ITEM NO.: 4 File No.: Z-8148 Owner/Applicant: Bernice and Ledell Ewing Address: 6110 Mabelvale Cut -Off Description: Lot 7, George Acres 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: 1. Section 32.8 of city code states no obstruction higher than 30 inches shall be located within _a_triangular.area_50_ft_back_fr_om_the_intersecting_right-of- way line (or intersecting tangent lines for radial dedications) at intersections. The obstruction resulting from the fence could cause drivers to ease the nose of their vehicle out onto Mabelvale Cut -Off creating a safety hazard. 2. Proposed fence should be located at least 10 ft off back of sidewalk and out of the city right-of-way. B. Staff Analysis: The R-2 zoned property at 6110 Mabelvale Cut -Off is occupied by a one-story brick and frame single family residence. The property is located at the northeast corner of Mabelvale Cut -Off and Judy Lane. There is a two -car wide drive from Judy Lane which serves as access. There is a small storage building an the northeast corner of the property. Portions of the rear yard are fenced with a four (4) foot high chain -link fence. DECEMBER 18, 2006 U4 TLA � �C6�>t[K910409 The applicants propose to construct a six (6) foot high wrought iron fence around the perimeter of the property, as noted on the attached site plan. The fence is proposed to be located on the property lines, extending to the southwest corner of the property at the street intersection. The applicant notes that the fence is requested for security purposes. 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 applicants are requesting a variance to allow the six (6) foot high wrought iron fence along the front (south) and street side (west) property lines. Staff does not support the variance, as requested. As noted in paragraph A. of the staff report, the proposed fence could cause a sight -distance problem at the intersection of Mabelvale Cut -Off and Judy Lane. The fence could reduce visibility for drivers on Judy Lane pulling onto Mabelvale Cut -Off. Public Works notes that the fence would have to be pulled 50 feet from the southwest 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 the fence to comply with this standard, staff could support the fence height variance for the remainder of the fence located between the front and street side building setbacks and the Mabelvale Cut -Off and Judy Lane rights -of -way. C. Staff Recommendation: Staff recommends denial of the requested fence height variance, as filed. BOARD OFADJUSTMENT: �STMENT: (D-ECEMBER 1 8, 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. DECEMBER 18, 2006 ITEM NO.: 3 File No.: Z-8147 Owner: Gardner Custom Homes Applicant: Steve Gardner Address: 317 Fern Street Description: Lot 29, Block 7, Young's Park Addition Zoned: R-3 Variance Requested: Variances are requested from the area provisions of Section 36-255 and the building line provisions of Section 31-12 to allow construction of a new home with a reduced front setback and which crosses a platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Lot Proposed Use of Property: Single Family Residential STAFF REPORT A. Public -Works --Issues: No Comments B. Staff Analysis:_ The R-3 zoned property at 317 Fern Street is currently a vacant platted lot. The property slopes downward from Fern Street to the north. The rear portion of the property is approximately 20 feet below the grade of the front property line. There is a paved alley along the rear (north) property line. The lot contains a 25 foot front platted building line. The applicant proposes to construct a two-story single family home on the property, as noted on the attached site plan. The proposed house will cross the front platted building line by 12 feet at the southwest corner of the structure and 15 feet at the southeast corner, resulting in a front setback ranging from 10 feet to 13 feet. The west side of the proposed structure will be 5 feet to 8 feet from the west side property line, with the east side setback ranging from 5 DECEMBER 18, 2006 ITEM NO.: 3 (CON'T. feet to 14 feet. The structure will be located over 70 feet from the rear (north) property line. Section 36-255(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for this R-3 zoned lot. Section 31-12 ( c) of the Subdivision Ordinance requires that encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances to allow the new residence with a reduced front setback and which crosses the front platted building line. Staff is supportive of the requested variances. The proposed single family residence will align with several other structures along this side of Fern Street. Because of the drastic slope downward from Fern Street, the other residences have been pulled up closer to the front property line than the 25 feet as typically required by ordinance. The proposed house will maintain essentially the same setback as the residential structure immediately to the west. Therefore, staff views the proposed residential structure as not being out of character with the neighborhood. Staff believes the residence with reduced front setback will have no adverse impact on the adjacent properties or the general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the new residence. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested front setback and building line variances, _subjert_tn_rompletion_of_a.ona-lnt_replat- reflecting the change in the front platted building line as approved by the Board. BOARD OF ADJUSTMENT: (DECEMBER 18, 2006) 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 3 ayes, 0 nays, 1 absent and 1 open position.