HomeMy WebLinkAboutZ-8342 Staff AnalysisMAY 19, 2008
ITEM NO.:
File No.: Z-8342
Owner/Applicant: Margaret F. Kemp
Address: 1821 N. Spruce Street
Description: Lot 97 and part of Lot 96, Shadowlawn Addition
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 1821 N. Spruce Street is occupied by a two-story
brick and frame single family residence which is in the process of being
remodeled. There is a one -car wide driveway from Spruce Street which
serves as access. A new detached garage structure is being constructed at
the northeast corner of the property within the rear yard area. The driveway
will be extended along the north side of the house to the new garage structure.
As part of the remodeling project, the applicant is proposing to construct a new
fence to enclose the rear yard area. The proposed fence will be six (6) foot
high opaque wood construction, with two (2) feet of lattice at the top. The
fence will have an overall height of eight (8) feet along the south side and rear
(east) property lines. The fence will be constructed on top of a short block wall
along the north side property line. The fence/wall along this side line will have
a height ranging from nine (9) feet to ten (10) feet as viewed from the property
to the north. There will be wood columns approximately every eight (8) feet.
MAY 19, 2008
ITEM NO.: 1 (CON'T.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows fences in
residential zones to have a maximum height of six (6) feet. Therefore, the
applicant is requesting a variance to allow the proposed fence with a height
ranging from eight (8) to ten (10) feet.
Staff does not support the fence variance as requested. Although staff has no
problem with the proposed eight (8) foot tall fence along the south and east
property lines, staff does not support the taller fence/wall along the north
property. The fence/wall along the north property line will range in height from
approximately nine (9) feet to ten (10) feet at the northeast corner of the
property. Staff believes this fence/wall should be no higher than eight (8) feet.
If the applicant were willing to make the fence/wall along the north property line
no higher than eight (8) feet (as viewed from the low or north side), staff could
support the application.
C. Staff Recommendation:
Staff recommends denial of the requested fence height variance, as filed.
BOARD OF ADJUSTMENT:
(MAY 19, 2008)
The applicant was present. There were no objectors present. Staff informed the
Board that the applicant submitted a letter stating that the proposed fence would not
exceed a height of eight (8) feet. Staff recommended approval of the requested
fence height variance, subject to no portion of the fence/wall being higher than eight
(8) feet as viewed/measured from the low side of the fence/wall.
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.