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HomeMy WebLinkAboutZ-8202 Staff AnalysisMAY 21, 2007 ITEM NO.: D File No.: Z-8202 Owner: Gregory Tatera Applicant: Gregory Tatera Address: 15 Glade Court Description: Lot 59, Heatherbrae Subdivision 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: No Comments B. Staff Analysis: The R-2 zoned property at 15 Glade Court is occupied by a two-story single family residence. There is a two -car wide driveway from Glade Court which serves as access. The property is located at the end of a cul-de-sac street. There is an existing six (6) foot high wood fence which encloses the rear yard area. The applicant recently constructed a swimming pool in the rear yard. Because of the soil, the pool is not totally below ground, extending approximately three (3) feet above grade. Because of the raised elevation of the pool, the applicant is requesting to remove two (2) portions of the existing six (6) foot tall fence and replace it with eight (8) foot high wood fencing. The fence to be reconstructed is along the side and rear property lines, at the northeast corner of the property. The total amount of fence to be replaced amounts to only approximately 80 feet. MAY 21, 2007 ITEM NO.: D (CON'T. 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 eight (8) foot high wood fence along a portion of the side and rear property lines at the northeast corner of the property. Staff is supportive of the requested variance. Staff views the request as reasonable. The proposed eight (8) foot high wood fence will only run for approximately 80 linear feet. The proposed fence height will not be out of character with the neighborhood. There is an eight (8) foot high fence located along the dividing rear property lines between the houses to the east/southeast. The corner of the proposed eight (8) foot fence will tie into the existing eight (8) foot high fence to the east. Staff believes the proposed fence height will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested fence height variance, subject to a building permit being obtained for the new fence. BOARD OF ADJUSTMENT: (APRIL 30, 2007) Staff informed the Board that the application needed to be deferred to the May 21, 2007 agenda based on the fact that the applicant failed to complete the required notification to the surrounding property owners. The item was placed on the consent agenda and deferred by a vote of 5 ayes, 0 nays and 0 absent. BOARD OF ADJUSTMENT: (MAY 21, 2007) 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 5 ayes, 0 nays and 0 absent.