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HomeMy WebLinkAboutZ-8934 Staff AnalysisMAY 19, 2014 ITEM NO.: B File No.: Owner/Applicant: Address: Description: Zoned: Z-8934 Derek Clifton 29 Summerland Court Lot 393, Ludington Heights Addition R-2 Variance Requested: A variance is requested from the fence provisions of Section 36-516 to construct 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 at 29 Summerland Court is occupied by a two-story frame single family residence. The property is located near the south end of Summerland Court and backs up to Reservoir Road. There is a two -car wide drive from Summerland Court which leads to a frame garage at the south end of the residence. There is an existing six (6) foot high wood fence which encloses the rear yard portion of the lot. The applicant proposes to replace the north/south section of fence which runs along the rear (east) property line with an eight (8) foot high wood fence, as noted on the attached site plan. The applicant is requesting the taller fence to provide better security for his lot. The fence along both side property lines will remain at six (6) feet in height. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of six (6) feet in residential zones, with a maximum 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 wood fence within the rear 25 feet (required rear building setback) of the lot with a height which exceeds four (4) feet. MAY 19, 2014 ITEM NO.: B CON'T. Staff is supportive of the requested variance. Staff views the request as reasonable. The property backs up to Reservoir Road which is a fairly busy street. The taller fence will not only provide better security for the single family lot, but will also reduce the noise level from the Reservoir Road traffic. The fence will not be out of character with the neighborhood. There are other fences along the Reservoir Road frontage and throughout the neighborhood which exceed the maximum allowed height. Staff believes the proposed fence height will have nc adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested fence height variance, as filed. BOARD OF ADJUSTMENT (April 28, 2014) Staff informed the Board that the application needed to be deferred to the May 19, 2014 agenda, based on the fact that the applicant failed to complete the required notifications to surrounding property owners. The item was placed on the Consent Agenda for deferral to the May 19, 2014 agenda. The vote was 5 ayes, 0 nays and 0 absent. The item was deferred. BOARD OF ADJUSTMENT (May 19, 2014) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda for approval as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was approved.