HomeMy WebLinkAboutZ-8353 Staff AnalysisAUGUST 25, 2008
ITEM NO.: A
File No.: Z-8353
Owner/Applicant: Shirley Boldon-Bruce
Address: 1321 W. 10th Street
Description: Southeast Corner of W. 10th and Victory Streets
Zoned: R-4
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 1321 W. 10th Street is occupied by a one-story
brick and frame single family residence. The property is located at the
southeast corner of W. 10th Street and S. Victory Street. The residential lot is
relatively small in size being 37 feet by 50 feet in area.
The front and side yard areas are enclosed by a four (4) foot high chain -link
fence which has existed for a number of years. A short portion of the chain -
link fence along the west (Victory Street) property line is approximately five (5)
feet in height. The applicant recently removed a six (6) foot high chain -link
fence which enclosed the rear yard area, and replaced it with a six (6) foot high
wood privacy fence, as noted on the attached site plan. The wood fence
encloses the rear yard area of approximately 10 feet by 37 feet.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows fences in
residential zones located between building setback lines and street rights -of -
way to have a maximum height of four (4) feet. Six (6) foot high fences are
AUGUST 25, 2008
ITEM NO.:
allowed elsewhere on residential lots. Therefore, the applicant is requesting a
variance to allow the six (6) foot high fence between the 3.7 foot street side
setback and the west property line along S. Victory Street.
Staff is supportive of the requested variance. Staff views the request as
reasonable. The variance request is only for that portion of the fence located
within the west 3.7 feet of the property (approximately 17 linear feet of
fencing). The fence is located approximately eight (8) feet back from the curb
of S. Victory Street and will create no sight -distance problem for the adjacent
properties or the intersection of W. 10t" Street and S. Victory Street. Staff
believes the six (6) foot wood fence 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 fence construction.
BOARD OF ADJUSTMENT:
(JUNE 30, 2008)
Staff informed the Board that the application needed to be deferred to the July 28,
2008 Agenda based on the fact that the applicant failed to complete the notifications
to surrounding property owners as required.
The item was placed on the Consent Agenda and deferred to the July 28, 2008
Agenda as recommended by staff with a vote of 4 ayes, 0 nays and 1 absent.
BOARD OF ADJUSTMENT:
(J U LY 28, 2008)
Staff informed the Board that the application needed to be deferred to the August 25,
2008 Agenda based on the fact that the applicant failed to complete the notifications
to surrounding property owners as required.
The item was placed on the Consent Agenda and deferred to the August 25, 2008
Agenda as recommended by staff with a vote of 5 ayes and 0 nays.
AUGUST 25, 2008
ITEM NO.: A (CON'T.
BOARD OF ADJUSTMENT:
(AUGUST 25, 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.