HomeMy WebLinkAboutZ-8297 Staff AnalysisJANUARY 28, 2008
ITFM Nn - R
File No.: Z-8297
Owner/Applicant: Judith A. O'Connor
Address: 1205 Kavanaugh Blvd.
Description: Part of Lots 9 and 10, Block 9, Midland Hills Addition
Zoned: R-3
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-3 zoned property at 1205 Kavanaugh Blvd. is occupied by a two-story
brick and frame single-family residence. The single-family lot is located on the
west side of Kavanaugh Blvd. and backs up to Charles Street. There is a
driveway from Charles Street which serves as access.
The applicant recently constructed a four (4) foot tall wrought iron fence on top
of an existing masonry wall, enclosing the front yard portion of the lot along
Kavanaugh Blvd. The overall height of the fence/wall ranges from 5.5 to 6 feet
along the west (Kavanaugh Blvd.) property line. The fence/wall along the
north (side) property line ranges from approximately five (5) feet in height at
the northeast corner of the lot to approximately 10 feet in height before it ties
into the northeast corner of the house. The increased height is due to the lot
immediately to the north sloping downward from Kavanaugh Blvd. The
applicant notes that the fence was constructed to protect her grandchild and
dog from the traffic along Kavanaugh Blvd., as the house is located very close
to the street.
JANUARY 28, 2008
ITEM NO.: B (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 fence/walls located between a building
setback line and a street right-of-way. Fence/walls with a maximum height of
six (6) feet are allowed elsewhere on single-family lots. Therefore, the
applicant is requesting a variance from this ordinance standard to allow the
taller fence/wall as noted above.
Staff is supportive of the requested variance. Staff views the request as
reasonable. There was a tall row of hedges inside the existing masonry wall
which were removed for the fence construction. The wrought iron fence
replaces the hedges which essentially served as screening. As long as the
fence remains wrought iron and not opaque, staff feels that it has no adverse
visual impact on the adjacent properties or the neighborhood. The applicant
also recently constructed an arbor on front of the house, over a portion of the
patio area. Staff views the arbor as an architectural/landscape feature and not
part of the structure based on the fact that it is unenclosed and not roofed.
C. Staff Recommendation:
Staff recommends approval of the requested fence variance, subject to the
following conditions:
1. The fence must remain non -opaque.
2. The arbor must remain unenclosed and not roofed.
3. A building permit must be obtained for the fence construction.
BOARD OF ADJUSTMENT: (DECEMBER 17, 2007)
Staff informed the Board that the applicant completed the notices to surrounding
property owners less than 10 days prior to the public hearing, as required by the
Board. Staff noted that the notices were done seven (7) to eight (8) days prior to the
meeting.
The item was placed on the Consent Agenda for deferral to the January 28, 2008
agenda due to the late notification. The Consent Agenda was approved by a vote of
4 ayes, 0 nays and 1 absent. The application was deferred.
BOARD OF ADJUSTMENT:
(JANUARY 28, 2008)
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 4 ayes, 0 nays and 1 absent.