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HomeMy WebLinkAboutZ-8290-A Staff AnalysisNOVEMBER 24, 2008 ITEM NO.: 4 File No.: Z-8290-A Owner/Applicant: Andrew B. Faulkner Address: 5800 N. Country Club Description: Northwest Corner of N. Country Club and N. Pierce Street 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: The fence is already constructed. The new fence is not built in the location as shown on the plan. The fence is built in the public right-of-way and beyond the owner's property line. That part of the fence extending into the public right-of-way must be removed. The fence appears to be constructed about 2 ft. off the back of the street gutter. From the survey, the right-of-way line is located 7 ft from the back of the street gutter. 2. The concrete must be removed from the gutter pan where the old driveway apron was located. This may require the gutter to be replaced in the area of the old driveway apron. B. Staff Analysis: The R-2 zoned property at 5800 N. Country Club contains a two-story frame single-family residence which is in the process of being remodeled, including an addition to the north end of the residence which was recently approved by the Board of Adjustment. The property is located at the northwest corner of N. Country Club and N. Pierce Street. There is a two -car wide driveway from N. Pierce Street which accesses a garage at the northeast corner of the residence. NOVEMBER 24, 2008 ITEM NO.: 4 (CON'T.) As part of the construction project, the applicant recently constructed a new wood fence along the east property boundary. The fence is six (6) feet tall (four (4) feet of solid wood panels with two (2) feet of lattice on top), and extends from the east side of the residence across the east side property line to within two (2) feet of the curb line of N. Pierce Street. The new fence extends approximately five (5) feet across the east side property line, into the public right-of-way. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences located between building setback lines and a street rights -of -way. Section 36-254(d)(2) requires a minimum side building setback of six (6) feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the six (6) foot high fence to be located between the side building setback line and the street right-of-way, extending into the street right-of-way by approximately five (5) feet. Staff is not supportive of the requested fence variance. As noted in paragraph A. (Public Works Issues) of the staff report, the City's Public Works Department does not support the fence encroaching into the public right-of- way and notes that it must be removed to the property line. If the applicant were willing to remove that portion of the fence which extends into the public right-of-way, staff could support a variance to allow the six (6) foot high fence to be located on the east side property line. A fence on the east property line would be consistant with other fences along N. Pierce Street. The property immediately to the east across N. Pierce Street does have a nonconforming fence which extends into the right-of-way. If that fence is ever removed for any reason, the Public Works staff would not allow it to be reconstructed in the public right-of-way. Staff believes the fence located in the right-of-way could have adverse sight -distance impacts on traffic along N. Pierce Street. C. Staff Recommendation: Staff recommends denial of the requested fence height variance. BOARD OF ADJUSTMENT: (NOVEMBER 24, 2008) Andrew Faulkner was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Andrew Faulkner addressed the Board in support of the application. He explained that the fence was constructed into the right-of-way by mistake. He noted that he fence was constructed to match the setback of the fence across N. Pierce Street to the east. He explained that the fence did not block any views. He explained that he could amend the application to move the six (6) foot high fence out of the right-of- way and to the east side property line. NOVEMBER 24, 2008 ITEM NO.: 4 (CON'T. Chairman Burruss noted that he could not support the fence encroachment into the right-of-way. James Van Dover asked if the fence was on the site plan at the time the setback variances were approved for the addition to the house. Mr. Faulkner indicated that it was not. Mr. Faulkner amended the application to move the six (6) foot high fence out of the right-of-way and locate it on the east side property line. There was a motion to approve the amended application for a six (6) foot high fence to be located on the east side property line, subject to the existing fence being removed from the N. Pierce Street right-of-way within 30 days. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The amended application was approved.