Loading...
HomeMy WebLinkAboutZ-8422 Staff AnalysisJANUARY 26, 2009 ITEM NO.: 3 File No.: Z-8422 Owner: Jacob White Construction Company Applicant: Jacob White Address: 1620 N. Polk Street Description: Lot 2, Block 29, Mountain Park 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 1620 N. Polk Street is occupied by a two-story frame single family residence which was recently constructed. There is a paved alley along the rear (west) property line. A two -car wide driveway leads from the alley to a garage on the rear of the residence. There is an uncovered/unenclosed deck along the south side of the residence which is approximately three (3) feet above grade. In association with the new home construction, the applicant constructed an eight (8) foot high wood fence along the south side property line, as noted on the attached site plan. A six (6) foot wood fence is located along the rear (west) property line. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of six (6) feet for residential fences located along interior lot lines. Therefore, the applicant is requesting a variance to allow the eight (8) foot high fence located along the south side property line. The applicant is requesting JANUARY 26, 2009 ITEM NO.: 3 (CON'T. the increased fence height to provide privacy for the rear yard area, primarily for the elevated deck structure. Staff is supportive of the requested fence height variance. Staff views the request as reasonable. Staff typically supports this type of fence variance (8 foot fence along an interior property line) for residential properties. Staff feels the eight (8) foot high fence is compatible with the neighborhood and will provided the desired privacy for the property owners on either side of the fence. The property to the south also has a patio area adjacent to the new fence. 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 fence height variance, subject to a building permit being obtained for the fence construction. BOARD OF ADJUSTMENT: (JANUARY 26, 2009) Jacob White was present, representing the application. There were no objectors present. Staff presented the item with a recommendation of approval. Jacob White addressed the Board in support of the application. He explained the reason for the fence height with relation to the deck at 1620 N. Polk Street and the property immediately to the south. Scott Smith asked Mr. White what triggered the request for a variance. Mr. White noted that the fence height was flagged when the certificate of occupancy inspection was made by the City. Scott Smith questioned the need for the variance. Mr. White explained that the deck overlooked the property to the south. He noted that the deck could have been constructed at grade, but it would have been smaller. James Van Dover asked Mr. White if he was aware of the six (6) foot maximum fence height requirement when he constructed the fence. Mr. White explained that he was not aware of the requirement. The issue was briefly discussed. Mr. White explained that the property owner immediately to the south and the other surrounding owners were supportive of the fence. There was a motion to approve the requested fence height variance, as recommended by staff. The motion passed by a vote of 4 ayes and 1 nay. The application was approved.