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HomeMy WebLinkAboutZ-8972 Staff AnalysisOCTOBER 27, 2014 ITEM NO.: B File No.: Z-8972 Owner/Applicant: Vivian Haywood Address: 5701 Hopson Drive Description: Southeast corner of Hopson Drive and W. 57th Street 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: Present Use of Property Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The applicant's justification is presented in an attached letter. Single family residential Single family residential The R-2 zoned property at 5701 Hopson Drive is occupied by a one-story brick and frame single family residence. The property is located at the southeast corner of Hopson Drive and W. 57t" Street. A driveway from Hopson Drive is located at the southwest corner of the property. A small storage building and carport are located in the rear yard area near the southeast corner of the lot. A new six (6) foot high fence was recently constructed along the rear (east) property line. The fence runs to near the northeast corner of the lot. An existing four (4) foot high chain -link fence runs along the north property line and ties into the northwest corner of the house. The lot contains a 25 foot platted building line along the north (W. 57t" Street) and west (Hopson Drive) property lines. The applicant recently received a permit to construct a six (6) foot high wood fence along the east (rear) property line and eight (8) feet in from the north side property line, tying into the front corner of the house. The applicant constructed the portion of the fence along the east (rear) property line, to near the northeast corner of the lot. Staff obtained a copy of the original plat of this subdivision, based on a complaint received on a neighbor's fence. The plat revealed the 25 foot platted building lines along both street frontages. The permit was issued without the requirement of a survey/plat. OCTOBER 27, 2014 ITEM NO.: B (CON'T. Section 36-516(e) (1)a. of the City's Zoning Ordinance allows a maximum height of four (4) feet for residential fences constructed between building setback lines and street rights -of -way. Six (6) foot high fences are allowed elsewhere on residential lots. Therefore, the applicant is requesting a variance from this ordinance standard to allow the six (6) foot high wood fence between the 25 foot platted building line and the north (W. 57th Street) side property line, and running along the north property line. Staff does not support the requested fence height variance. Staff's objection is based primarily on the orientation of the single family lot immediately to the east along W. 57th Street. The lot immediately to the east is an interior lot, with the front yard along W. 57t" Street. The proposed fence is located extending into the front yard area of this neighboring lot. It essentially "boxes in" the adjacent lot's front yard area, blocking the home's visibility from the roadway and surrounding properties. For this reason, staff believes the proposed fence will have an adverse impact on the adjacent property to the east. C. Staff Recommendation: Staff recommends denial of the requested fence height variance. BOARD OF ADJUSTMENT: (September 29, 2014) Vivian Haywood was present, representing the application. There were no objectors present. Rajesh Mehta asked that the application be deferred, so that additional information could be provided by staff on the variance request. The applicant indicated no objection to the deferral. There was a motion to defer the application to the October 27, 2014 Agenda. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was deferred. Staff Update-. Staff has conducted additional review and site visit regarding this fence height variance. Staff continues to not support the fence height variance as requested. Staff believes that it is reasonable to support a fence height variance, with the fence located at least eight (8) feet back from the north (street side) property line, 'as approved by staff on the existing fence permit. No fencing with a height exceeding four (4) feet may be located within eight (8) feet of the north property line. Staff feels that this will allow ample sight - distance space for the resident immediately to the east to utilize their existing driveway. Additionally, it will allow this applicant more area to fence, with six (6) foot high fencing, for a side/rear yard area. If the applicant were willing to amend the application accordingly, staff will recommend approval. OCTOBER 27, 2014 ITEM NO.: B (CON'T. BOARD OF ADJUSTMENT: (October 27, 2014) Vivian Haywood was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial, as requested. Staff noted that the application could be supported if the fence were located eight (8) feet back from the north property line. Vivian Haywood addressed the Board in support of the application. She noted that the next door neighbor to the east supported the application. She explained that this neighbor had adequate space to back out of her driveway with the proposed fence location. Vice -Chairman Wingfield noted that he could support the application if the fence were located eight (8) feet back from the north property line. Ms. Haywood noted that there would be an existing tree in the way if the fence were located eight (8) feet back from the north property line. She asked if moving the fence back six (6) feet from the north property line would be acceptable. Staff indicated support if the application were revised. The issue was discussed further. Ms. Haywood officially amended the application to have the fence located six (6) feet back from the north property line. Staff supported the amended application, subject to City Staff verifying the six (6) foot setback line prior to any fence construction. There was a motion to approve the amended application as recommended by staff. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The amended application was approved.