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HomeMy WebLinkAboutZ-9013 Staff AnalysisMARCH 9, 2015 ITEM NO.: 4 File No.: Z-9013 Owner: Amber M. Burley Applicant: Brian Self Address: 321 N. Plaza Circle Description: Lot 62, Plaza Heights Addition 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: No Comments B. Staff Analysis: The R-2 zoned property at 321 N. Plaza Circle is occupied by a one-story brick and frame single family residence. A one -car wide driveway from N. Plaza Circle serves as access. The driveway extends along the south side of the house to a carport in the rear yard area. The property backs up to N. McKinley Street. The applicant recently enclosed a portion of the rear yard area with a new six (6) foot high wood fence. The new fence runs along the rear (east) property line and a portion of the north and south side property lines. The new fence ties into existing fencing along the north and south side property lines. 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 building setback lines and street rights -of -way. Therefore, the applicant is requesting a variance to allow the six (6) foot high wood fence to be located between the 25 foot rear building setback and the N. McKinley Street right-of-way. MARCH 9, 2015 ITEM NO.: 4 (CON'T. Staff is supportive of the requested variance. Staff views the request as reasonable. The proposed six (6) foot high wood fence will not be out of character with other residential fences in this neighborhood. This residential lot backs up to a relatively busy roadway. Large office and commercial developments are located immediately across N. McKinley Street to the east, including Park Plaza Mall. Staff feels that the six (6) foot high wood fence will better shield the property from noise and light emitted from the non-residential properties to the east. Staff believes the proposed six (6) foot high fence height will have no adverse impact on the adjacent properties 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 (March 9, 2015) Brian and Amber Self were present, representing the application. There was one (1) person present in opposition. Staff presented the application with a recommendation of approval. Brian Self addressed the Board in support of the application. He noted that there was 35 feet of six (6) foot high wood fencing along the east property line prior to the new fence construction. He noted that the previous fence was damaged by a vehicle. He explained that he spoke with the neighbor to the north about the new fence construction, and that the neighbor had no comment. He also explained that the neighbor to the north had no comment during the fence construction. He noted that the neighbor to the north had shrubs along their east property line that impacted their view pulling out of their driveway onto N. McKinley Street. He also explained that he installed the fence for security reasons. He noted that other properties along N. McKinley Street had six (6) foot high fences along the street side property line. He presented photos to the Board and explained the photos. William Lide, 405 N. Plaza Drive, (neighbor north of 321 N. Plaza Circle) addressed the Board in opposition. He previously presented a letter and photo to the Board. He explained that his primary concern was line of sight from his driveway onto N. McKinley Street, looking south along the roadway. He explained that the view southward was impacted by the new fence construction. He further explained the sight/distance issue associated with his driveway. He commented on photos submitted by the applicant. Rajesh Mehta asked Mr. Lide if a four (4) foot high fence would allow better sight/distance. Mr. Lide stated that it probably would provide better sight/distance. Carolyn Lindsey Polk asked if the northeast corner of the fence were pulled back, would it provide better sight/distance. Mr. Lide explained that it would help. Robert Tucker asked Mr. Lide if he took the photo submitted. He stated that he did and explained. MARCH 9, 2015 ITEM NO.: 4 (CON'T) Mr. Self noted that Mr. Lide did not comment on the new fence during construction or prior to- construction. Amber Self explained that the new fence had no impact on Mr. Lide making a right turn exiting his driveway. There was a motion to approve the application, as recommended by staff. The vote was 5 ayes, 0 nays and 0 absent. The application was approved.