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HomeMy WebLinkAboutZ-8543 Staff AnalysisAPRIL 26, 2010 ITEM NO.: 9 File No.: Owner/Applicant Address: Description: Zoned: Z-8543 Radhakrishnan Nagarajan 4213 Wait Street Lot 11, Block 23, Hillcrest Addition (:7M 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 4213 Wait Street is occupied by a two-story frame single family residence. There is a two -car wide driveway from Wait Street which serves as access to the property. The property slopes downward from back to front. A paved access drive is located within an access/utility easement along the rear (east) property line. The applicant recently constructed new wood fencing along the north and south side property lines and near the rear (east) property line. The new fence along the north side property line steps down from back to front with the slope of the property. It ranges in height from 5.5 feet to eight (8) feet. The top two (2) feet of the fence is lattice/trim. The fence along the south side property line within the front yard area is approximately 6.5 feet in height and solid wood panels. The fence along the south side property line within the rear yard area ranges in height from five (5) feet to eight (8) feet, with the top two (2) feet being lattice/trim. The fence in the rear yard area along the access/utility easement is a four (4) foot high solid wood fence. The applicant notes that the fence was constructed for privacy and security reasons. APRIL 26, 2010 ITEM NO.: 9 {Can't. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum residential fence height of four (4) feet for fences located between a building setback and street property line. Section 36-516(e)(1)a. also allows a maximum fence height of six (6) feet for fences elsewhere on residential property. Therefore, the applicant is requesting a variance to allow sections of the new fence along the north and south side property lines which exceed the maximum heights allowed. Staff is supportive of the requested fence height variance. Staff's support is based primarily on the fact that this small pocket of residential lots south of S. Lookout Road is very unique in its lot configurations, building orientations and street functions, especially Wait Street. The lot in question at 4213 Wait Street has a platted front property line along Wait Street, but the physical front of the house faces a private drive along its east property line, as do other houses in this area. The west portion of the lot where the majority of the new fence is located functions as a rear yard area. Additionally, Wait Street functions essentially as an alley with most of the homes backing up to the roadway. The homes east and west of the subject property back up to this property and face Fairview Road. Wait Street appears to handle very little traffic. For these reasons and the fact that the highest sections of the fence contain two (2) feet of lattice/trim, staff believes the increased fence height will have no adverse impact on the adjacent properties or the general area. The fence does not have the appearance of overshadowing the adjacent properties. The property owner immediately to the north as well as one (1) other nearby owner have submitted letters of support that are attached for Board review. C. Staff Recommendation: Staff recommends approval of the requested fence height variance, subject to the following conditions: 1. A permit must be obtained for the fence construction. 2. The portions of the fence which are constructed of lattice and trim must remain as such. 3. A franchise permit must be obtained for the portions of the fence which extend into the Wait Street right-of-way. BOARD OF ADJUSTMENT: (APRIL 26, 2010) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as noted in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent.