HomeMy WebLinkAboutZ-8609 Staff AnalysisNOVEMBER 29, 2010
ITEM NO.: 4
File No.: Z-8609
Owner: Black Sky, LLC
Applicant: James N. France
Address: 34 Edgehill Road
Description: Lot 9, Greenbrier Subdivision
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 located at 34 Edgehill Road is occupied by a two-story
brick and frame single family residence. There is a one-story garage structure on
the north side of the residence, with a pool and pool house building in the rear
yard, east of the residence. A drive from Edgehill Road serves as access to the
property, with a circular drive in front of the residence. A small area at the
northeast corner of the property is adjacent to Greenbrier Road right-of-way. The
overall property consists of approximately 2.57 acres.
The applicant proposes to remove an existing six (6) foot high wood fence which
encloses the rear yard area, and replace it with a new six (6) foot high wrought iron
fence. The proposed fence is shown on an attached site plan. There will be a
gate along the rear'(east) property line for access from Greenbrier Road.
Additionally, the applicant is proposing to construct a new eight (8) foot high
wrought iron gate between two (2) existing brick columns on either side of the entry
drive from Edgehill Road. The brick columns tie into an existing brick wall along
the front (west) property line.
NOVEMBER 29, 2010
ITEM NO.: 4 CON'T.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence
height of four (4) feet for fences located between a building setback line and a street
right-of-way. Six (6) foot high fences are allowed elsewhere on a single family lot.
Therefore, the applicant is requesting a variance to allow the six (6) foot high fence
section on the rear property line where adjacent to the Greenbrier Road property
line, and the eight (8) foot high gate between the two (2) existing brick columns near
the front property line.
Staff is supportive of the requested fence height (gate height) variance. Staff
views the request as reasonable. Only a short section of the fence within the rear
yard area requires a variance, as it is adjacent to a street right-of-way. The
proposed fence will not be out of character with other fences within this
neighborhood. With respect to the proposed gate at the front entry drive, it will be
located approximately 20 feet back from the front property line. if it were located
25 or more feet back from the front property line, no variance would be needed.
Additionally, the proposed gate will not be out of character with other entry gates
within this subdivision. Staff believes the proposed fence and gate 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: (NOVEMBER 29, 2010)
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 4 ayes, 0 noes, 0 absent and 1 open position.