HomeMy WebLinkAboutZ-8802 Staff AnalysisSEPTEMBER 24, 2012
ITEM NO.: 3
File No.: Z-8802
Owner: Bent Oaks Trust
Applicant: Jason Matthew Murski
Address: 817 Shea Drive
Description: Lot 6, Leawood Cove Addition
Zoned: R-2
Variance Requested: A variance is requested from the fence provisions of Section 36-
516 to allow construction of 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 817 Shea Drive is occupied by a one-story brick
and frame single family residence. There is a two -car wide driveway from Shea
Drive at the northeast corner of the property. A new six (6) foot high wood fence
has been constructed along a portion of the north and south side property lines
within the rear yard area.
The applicant proposes to continue the fence along both side property lines,
transitioning to a height of eight (8) feet at both rear property corners. An eight (8)
foot high wood fence is also proposed along the rear (west) property line, as noted
on the attached site plan.
Section 36-516(e)(1)(a) of the City's Zoning Ordinance allows a maximum fence
height of six (6) feet for fences in residential zoning. Therefore, the applicant is
requesting a variance to allow the eight (8) foot high fencing as proposed.
SEPTEMBER 24, 2012
ITEM NO.: 3 (CON'T.
Staff is supportive of the requested variance. Staff views the request as
reasonable. The property backs up to a large open drainage ditch and open area
for storm water detention. Additionally, the property immediately to the west has
non -single family zoning. The property immediately to the west is zoned 0-3.
Eight (8) foot high fencing would be allowed by right on the 0-3 side of the dividing
rear property line. Staff believes the proposed eight (8) foot high fencing will have
no adverse impact on the adjacent property 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: (September 24, 2012)
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 5 ayes, 0 nays and 0 absent.