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.