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HomeMy WebLinkAboutZ-8251 Staff AnalysisOCTOBER 29, 2007 ITEM NO.: A File No.: Z-8251 Owner: Donald M. and Gerry Nell Spears Revocable Trust Applicant: Lisa R. Taylor Address: 17 Hickory Hills Circle Description: Lot 8, Hickory Hills Addition Variance Requested: A variance is requested from the fence/wall provisions of Section 36-516 to allow a wall 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 17 Hickory Hills Circle is occupied by a two-story frame single family residence. There is a circular driveway from Hickory Hills Circle which serves as access. The property slopes upward from front to back (north to south). There is about 25 feet of rise from the front property line to the front of the house. The applicant is in the process of refurbishing the landscaped areas between the residential structure and the street. The project includes refacing and capping existing brick walls in front of the house and in the west side yard. As part of the construction, a new masonry wall was built, extending from the east wall of the house to the east side property line. The wall is approximately eight (8) feet high at its connection to the house. As it runs east to the east side property line, the height increases to approximately 14 to 16 feet. The wall turns and runs for only a few feet southward along the east property line. OCTOBER 29, 2007 ITEM NO.: A (CON'T.) Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence/wall height of four (4) feet for fences/walls located between building setback and a street right-of-way. Other fences/walls can be constructed to a height of six (6) feet. Fences/walls which meet all principal setback requirements can be constructed to the height allowed in the base zoning (35 feet in R-2 zoning). Therefore, the applicant is requesting a variance to allow only the eight (8) foot long section of fence extending from the east property line toward the house. Staff is supportive of the requested variance. Staff views the request as reasonable, given the fact that only an eight (8) foot long section of the fence requires a height variance. Additionally, this section of the wall is not that visible from the street. The wall is located over 90 feet back from the front property line and there is a small stand of trees between the wall and street. Additionally, the residence immediately to the east is located 50 plus feet back from the common side property line. Staff believes the proposed fence will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested wall height variance, subject to a building permit being obtained for the wall construction. BOARD OF ADJUSTMENT: (AUGUST 27, 2007) Staff informed the Board that the applicant failed to complete the required notification of surrounding property owners. Staff recommended the application be deferred to the September 24, 2007 Agenda. The item was placed on the Consent Agenda and deferred to the September 24, 2007 Agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (SEPTEMBER 24, 2007) Staff informed the Board that the applicant failed to complete the required notification of surrounding property owners. Staff recommended the application be deferred to the October 29, 2007 Agenda. The item was plalced on the Consent Agenda and deferred to the October 29, 2007 Agenda by a vote of 5 ayes and 0 nays. OCTOBER 29, 2007 ITEM NO.: A (CON'T. BOARD OF ADJUSTMENT: (OCTOBER 29, 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 and 0 nays.