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HomeMy WebLinkAboutZ-8723 Staff AnalysisNOVEMBER 28, 2011 ITEM File No.: Z-8723 Owner/Applicant: Michael Akel Address: 5901 Pinnacle Valley Road Description: East side of Pinnacle Valley Road, north of Cantrell Road 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: 1. The fence shall be placed 45 feet, half of the right-of-way, off of the centerline of Pinnacle Valley Road. Pinnacle Valley Road is designated as a minor arterial according to the City's Master Street Plan, and has a 90 foot right-of- way associated with it. New fences should not be located within street rights - of -way or future rights -of -way. B. Staff Analysis: The R-2 zoned property at 5901 Pinnacle Valley Road is occupied by a single family residence which is located over 100 feet back from the roadway. An access drive from Pinnacle Valley Road serves as access to the residence. The property is comprised of 5.06 acres. The tract contains a 125 foot front plated building line. The applicant is proposing to construct a six (6) foot high wrought iron fence to enclose a portion of the property around the house, as noted on the attached site plan. The fence is proposed to be located three (3) feet inside the front property line. A six (6) foot high gate with columns will be located across the driveway area. The fence will be located approximately 25 feet back from the edge of the Pinnacle Valley Road pavement. 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. Therefore, the applicant is requesting a variance to allow the NOVEMBER 28, 2011 ITEM NO.: 8 ICON'T. six (6) foot high fence between the 125 foot front platted building line and the Pinnacle Valley Road right-of-way. Staff is supportive of the requested fence height variance, subject to the fence being moved further back as required by Public Works. Pinnacle Valley Road has a future right-of-way requirement of 90 feet (45 feet from center line). Therefore, the applicant needs to locate the fence at least 45 feet back from the existing centerline of Pinnacle Valley Road in order to not be within the future right-of-way area. The survey submitted by the applicant does not show the centerline for the roadway, but staff estimates the fence will need to be moved back approximately 10 additional feet. Otherwise, staff believes the proposed fence will have no adverse impact on the adjacent properties or general area. C. Staff Recommendation: Staff recommends approval of the requested fence height variance, subject to compliance with the Public Works requirement as noted in paragraph A. of the staff report. BOARD OF ADJUSTMENT: (November 28, 2011) Keith Wingfield was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of approval. Brad Wingfield noted that he was recusing from this issue. Keith Wingfield addressed the Board in support of the application. He described the proposed fence. He discussed the setback of the fence from the centerline of Pinnacle Valley Road, and noted that the fence would comply with the Public Works requirement. Vice -Chairman Smith explained that he could not support six (6) foot high fences in front yard areas. Jeff Yates asked about the fence construction. Mr. Wingfield noted that the fence would be fabricated, painted steel with finials. He noted that there would be a single slide gate across the existing driveway. There was a motion to approve the application as recommended by staff. The motion passed by a vote of 3 ayes, 1 nay, 0 absent and 1 recusal (Wingfield). The application was approved.