CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance granting a variance from Section 6-2-12:1 to permit a 6’ privacy-style fence within the required corner side yard at 2714 Gateshead Drive - PZC 21-1-075
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Ashley Green, Community Planner
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission (PZC) considered this matter on August 4, 2021 and voted to recommend approval of the case finding the request met the standards for granting a variance (approved 6-0). Staff concurs.
BACKGROUND:
The subject property is zoned R2 PUD (Single-Family and Low Density Multiple-Family Residence District Planned Unit Development) and is located on the northeast corner of Gateshead Drive and Windemere Avenue. The 5,490-square foot property is currently improved with a single-family residence. The Petitioner and Property Owner, Jonathan A. Segura, requests approval of a variance in order to replace the existing 4’ tall fence with a 6’ tall privacy-style fence in the same location, which is within the 15’ required corner side yard (plat showing the location of the proposed fence is included in the attachments as Exhibit B).
DISCUSSION:
The subject property has a 15’ required corner side yard. The variance request is to replace the existing 4’ fence that encroaches 8’ into the required corner side yard with a 6’ tall privacy-style fence in the same location. The purpose for replacing the existing fence with a taller fence is to prevent the Property Owners’ dogs from jumping over the fence.
Per Section 6-2-12:1 (General Zoning Provisions: Fences), an open fence not exceeding four (4) feet in height may be constructed within the required corner side yard. An open fence is defined in Section 6-1-6 (Zoning Title, Purpose, Definitions: Definitions) as a fence which has at least 30% of the surface area in open spaces which afford direct views through the fence. Due to the proposed location of the fence in the 15’ required corner side yard, the solid style of the fence, and the 6’ height, a variance is required.
As noted above, only 4’ tall open (picket style) fences are permitted in the required corner side yard. The corner side yard fence regulations are intended to preserve sight lines and the open nature of the corner side yard. City staff has reviewed the proposal of an 8’ encroachment into the corner side yard and found it will not impede sight lines.
Findings of Fact
The Petitioner’s responses to the Standards for Granting a Variance are included as an attachment (Exhibit C). Staff and the Planning and Zoning Commission are in general agreement with the Petitioner’s Findings and recommend adoption by the City Council.
Planning and Zoning Commission Action
The PZC opened the public hearing to consider PZC 21-1-075 on August 4, 2021. Chairman Hanson inquired about the potential for visibility issues with the proposed fence location. Staff confirmed that this was reviewed and it was determined the proposed location of the fence would not present an obstruction to sight lines. No members of the public provided testimony. The PZC closed the public hearing and moved to adopt the findings of fact as presented by the Petitioner and approve PZC 21-1-075 (approved 6-0). Staff concurs with the recommendation.
Key Takeaways
§ The Petitioner requests a variance to permit a 6’ tall, privacy-style fence that encroaches 8’ into the required corner side yard.
§ Staff and PZC support the requested variance and recommend approval of the ordinance.