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HomeMy WebLinkAboutZ-8567 Staff AnalysisJUNE 28, 2010 ITEM NO.: 10 File No.: Z-8567 Owner: Thomas L. and Nancy Baxley Applicant: Mark Spradley Address: 42 Robinwood Drive Description: Lot 72, Robinwood 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 Issu No Comments B. Staff Analysis: The R-2 zoned property at 42 Robinwood Drive contains a one-story brick and ' frame single family residence. A circular driveway from Robinwood Drive serves as access to the property. A garage is located at the east end of the residence. The property slopes downward from front to back (south to north). The applicants recently constructed a new eight (8) foot high wood fence along the rear (north) property line, as noted on the attached site plan. New wood fencing ranging in height from six (6) to eight (8) feet was constructed along the rear yard portion of the west side property line. The fence was constructed in October, 2008, and has a "finished" appearance on both sides. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of six (6) feet for R-2 zoned lots. Therefore, the applicant is requesting a variance to allow the eight (8) foot high wood fence along the rear (north) property line and the six (6) to eight (8) foot high wood fence along a portion of the west side property line. JUNE 28, 2010 ITEM NO.: 10 CON'T. Staff is supportive of the requested fence height variance. Staff views the request as reasonable. As noted previously, the fence was constructed in October, 2008, with both sides of the fence being finished. With the property sloping downward from front to back, the increased fence height provides additional privacy screening between this property and the property immediately to the north. Additionally, the eight (8) foot high fence is not out of character with other fences in this neighborhood. Staff believes the existing fence has 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 permit being obtained for the fence construction. BOARD OF ADJUSTMENT: (JUNE 28, 2010) Thomas and Nancy Baxley and Mark Spradley were present, representing the application. There were two (2) persons present with concerns. Staff presented the application with a recommendation of approval. Mark Spradley addressed the Board in support of the application. He noted that several neighbors he had talked to had no objections to the fence height variance. He discussed the elevation of this property in relation to the property to the north. He explained that the eight (8) foot high fence as proposed was an asset to he neighborhood. Alan Abston addressed the Board with concerns. He discussed the issue of drainage between the two (2) properties. He noted that he had no issue with the proposed fence height. Suzanna Abston also addressed the Board with concerns. She noted that the fence panels were seven (7) inches off the ground in places. She discussed the issue of drainage, noting that she had tried to work with the Baxley's on the drainage problem. She stated that she had no issue with the fence height. There was additional discussion of the drainage issue in the area. Chairman Winchester noted that the only issue before the Board was the variance for the increased fence height, and that the Board could not address the drainage issue. There was a motion to approve the requested fence height variance, as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent. The application was approved.