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HomeMy WebLinkAboutZ-8195 Staff AnalysisAPR IL 30, 2007 ITEM NO.: File No.: Owner: Applicant: Address: Description: Zoned: Z-8195 Jaybird Investments, Inc. Stuart Yancey 2104 W. 18t" Street Lot 31 R, Block 33, Centennial Addition R-5 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: Vacant Residential Structure Proposed Use of Property: Duplex STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-5 zoned property at 2104 W. 18th Street is occupied by a two -unit apartment structure. The two-story building is located on the original rear (north) property line of this lot. Approximately one (1) year ago this lot was replatted with the two (2) single family lots immediately to the north. The end result was the rear property line shared by the lots was moved approximately 20 feet to the north, creating a 20 foot rear setback for the two -unit apartment building. There is a one -car wide driveway at the southwest corner of the property. The applicant is planning to renovate the two -unit apartment structure. As part of the renovation project, the applicant is proposing to construct a 9 foot-6 inch tall wood fence along the rear (north) property line, as noted on the attached site plan. The proposed fence will have five (5) inch square posts APRIL 30, 2007 ITEM NO.: 1 (CON'T. and a capped top, rather than the standard dog-eared style. The applicant notes that the taller fence is desired because of the proximity of the two-story structure to the one-story single family houses immediately to the north. Section 36-516(e)(1) of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences located between a building setback line and a street right-of-way in residential zones. Six (6) foot high fences are allowed elsewhere on the property. Therefore, the applicant is requesting a variance to allow the 9 foot-6 inch high wood fence along the rear property line. Staff is not supportive of the requested fence height variance. Staff does not view the request as being reasonable. It has been staff's past policy to support residential fences with a maximum height of eight (8) feet. Staff believes an eight (8) foot high fence would be adequate in this case. The property owner could plant landscape screening in addition to the fence. Certain varieties of shrubs and trees grow rather quickly and could provide the extra amount of screening in a short period of time. Staff believes the proposed 9 foot-6 inch tall fence is too tall for a residential interior dividing lot line and could have an adverse visual impact on the adjacent properties. C. Staff Recommendation: Staff recommends denial of the requested fence height variance. BOARD OF ADJUSTMENT: (APRIL 30, 2007) Stuart Yancey was present, representing the application. There were no objectors present. Staff presented the item with a recommendation of denial. Stuart Yancey addressed the Board in support of the application. He explained how the fence would be constructed. He noted that it would be an architectural -type fence. He noted that all of the surrounding property owners supported the proposed fence. In response to a question from the Board, staff noted that there had been no calls of opposition. Chairman Francis asked what the advantage was to an extra 1.5 feet of fence height. Mr. Yancey provided additional information of the proposed fence design and discussed. The issue of distance between the residential structures and use of landscape screening was discussed. The issue of the taller fence height was also discussed. Mr. Yancey amended his application to reduce the proposed fence height to eight (8) feet. There was a motion to approve the application as amended. The motion passed by a vote of 5 ayes, 0 nays and 0 absent. The amended application was approved.