HomeMy WebLinkAboutZ-9491 Staff AnalysisJAN UARY 27, 2020
ITEM NO.: 6
File No.:
Owner/Applicant:
Address:
Description:
Zoned:
Z-9491
Linda L. Burton
1615 N. Hughes Street
Lot 56, Hall Cove No. 2 Addition
ISM
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
0
Public Works Issues:
No Comments
Staff Analysis:
The R-2 zoned property located at 1615 N. Hughes Street is occupied by a one-story
brick and frame single family residence. The property is located on the south side of
N. Hughes Street, just east of Florida Avenue. A one -car wide driveway from N.
Hughes Street is located at the northwest corner of the lot. The driveway extends
along the west side of the house and leads to a carport on the rear of the residence.
The front yard area has a slight slope downward from west to east. The rear yard
area has an excessive slope downward from front to back (north to south).
The applicant proposes to construct a six (6) foot high wood fence within the front yard
area, as noted on the attached site plan. The proposed fence will enclose almost the
entire front yard area. The fence will be located approximately 12 feet back from the
N. Hughes street edge of pavement. The fence will be set back approximately 8.6
feet from the east side property line and 17.7 feet from the west side property line,
aligning with the front corners of the residence.
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 Six (6) foot high fences are allowed elsewhere on residential property. Therefore,
the applicant is requesting a variance from this requirement to allow the proposed six
JANUARY 27, 2020
ITEM NO.: 6 (CON'T
Z-9491
(6) foot high wood fence within the front yard area, between the 25 foot front building
setback and the N. Hughes Street right-of-way.
Staff is not supportive of the requested fence height variance. Staff does not view the
request as reasonable. The proposed fence will be out of character with the
neighborhood. Staff knows of no similar situations with a six (6) foot high fence in a
front yard in this general area. The proposed fence will essentially create a barricade -
type situation in the front yard area and eliminate the street appeal for the property.
Staff believes the proposed fence will create a negative visual impact for the
surrounding properties.
C. Staff Recommendation:
Staff recommends denial of the requested fence height variance.
Board of Adjustment
(January 27, 2020)
Linda Burton was present, representing the application. There were two (2) objectors
present. Staff presented the application with a recommendation of denial.
Linda Burton addressed the Board in support of the application. She presented a revised
site plan, reducing the amount of fencing in the front yard area. The revised plan showed
the proposed six (6) foot high wood fencing along/parallel to the front and east side
property lines. She noted that the rear yard area was not useable because of the steep
terrain. She explained that she wished to create an accessible yard space with privacy in
the front yard area, with the need for the six (6) foot high fence. She explained that the
property backed up to Meriwether Park. She noted that a hedge higher than six (6) feet
could be allowed in the front yard area. She presented photos of other properties in the
neighborhood and explained the photos. She discussed the issues involved with using a
hedge and four (4) foot high fencing in the front yard area. She presented a letter of
support from a neighbor.
Chairman Allison explained that he could not support the six (6) foot high fence in the
front yard area.
Brad Jordan addressed the Board in opposition. He explained that his property was
adjacent to and approximately three (3) feet lower than Ms. Burton's property. He
explained that he was against the six (6) foot high fence because it would make it difficult
for him to exit his driveway. Helen Herr also spoke in opposition. She explained the
negative visual impact of the proposed fence. This issue was briefly discussed.
Ms. Burton made additional comments in support of the application.
There was a motion to approve the application as filed. The motion failed by a vote of 0
ayes, 4 nays and 1 absent. The application was denied.
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