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.