HomeMy WebLinkAboutZ-8520-A Staff AnalysisJUNE 25, 2012
ITEM NO.: 1
File No.: Z-8520-A
Owner/Applicant: Turag Ronaghi
Address: 49 Duclair Court
Description: Lot 11, Block 4, Chenal Valley 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 49 Duclair Court is occupied by a one-story brick single
family residence. There is a paved alley located along the rear property line. A
driveway from the alley serves as access to a garage on the rear of the residence.
On April 26, 2010 the Board of Adjustment approved a variance to allow a six (6)
foot- nine (9) inch tall wood fence which had been constructed to enclose a portion
of the rear yard area, as noted on the attached site plan. The applicant has since
not been able to obtain approval of the fence from the Chenal Valley Architectural
Control Committee.
The applicant recently was approved by the Chenal Valley Architectural Control
Committee for an eight (8) foot high wood fence with a combination of horizontal
and vertical elements (see attached sketch). The committee approved
construction of a new fence with the following conditions:
1. The upper horizontal section of the fence must be louvered;
2. The louvered section must have separate vertical support posts spaced at
two to three foot intervals;
JUNE 25, 2012
ITEM NO.: 1 (CON'T.
3. The height of the sections of the fence must be changed to a one foot base,
a five foot vertical section, and a two foot upper horizontal section; and
4. Horizontal rails must be provided at the midpoint and top of the vertical
section of the fence.
The committee has informed the applicant that the fence construction must be
completed no later than July 15, 2012. Please see the attached letter from the
committee for additional information.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence
height of six (6) feet for fences in R-2 zoned areas. Therefore, the applicant is
requesting a variance to allow an eight (8) foot high wood fence to enclose a
portion of the rear yard area.
Staff is supportive of the requested fence height variance. Staff views the request
as reasonable. The proposed fence, as approved by the Chenal Valley
Architectural Control Committee, will not be out of character with the area. There
are other fences and walls throughout this neighborhood and other nearby
neighborhoods which have heights greater than six (6) feet. Staff believes the
proposed eight (8) foot high fence which will enclose a rather small rear yard area
will have no adverse impact on the adjacent properties or the general area. The
applicant has submitted a letter of support from the adjacent neighbor at 47 Duclair
Court who is also the president of the Duclair Court Homeowner's Association.
C. Staff Recommendation:
Staff recommends approval of the requested fence height variance, subject to the
following conditions:
1. Compliance with the conditions contained in the letter dated May 18, 2012
from the Chenal Valley Architectural Control Committee.
2. A building permit must be obtained for the fence construction.
BOARD OF ADJUSTMENT: (June 25, 2012)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval, with conditions.
The item was placed on the Consent Agenda and approved, as recommended by staff
with a vote of 5 ayes, 0 nays and 0 absent.