PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
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Conduct the public hearing to consider a variance to Section 6-2-10:6 and Section 6-2-12:2.1 in order to install a 5' tall picket fence and an 8' tall privacy fence at the subject properties located at 222, 212, and 204 W Van Buren Avenue - PZC 19-1-48
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Gabrielle Mattingly
BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC 19-1-48 was published in the Daily Herald on May 20, 2019.
BACKGROUND:
The subject properties are zoned TU (Transitional Use) and are generally located on the southwest corner of Van Buren Avenue and Webster Street. The subject property at 222 W. Van Buren is improved with a single-family residence, while 212 and 204 W. Van Buren are vacant. The owner and petitioner, North Webster Place, LLC has submitted a request for variances in order to install a 5' tall open style fence in the front and corner side yard and an 8' tall privacy fence in the rear yard for the properties located at 222, 212, and 204 W. Van Buren Avenue (site plan showing the location of the proposed fencing is included in the attachments).
DISCUSSION:
Variance to Section 6-2-10:6
The petitioner is proposing to construct a 5' tall picket style fence along the front and corner property lines and an 8' tall fence along the rear property line on the two vacant lots adjacent to the existing single-family home constructed at 222 W Van Buren. Since these lots are currently vacant, a variance is required to Section 6-2-10:6 (Accessory Structures: Time of Construction) which provides that a fence cannot be constructed on a lot without a principal structure. Staff is supportive of this variance finding it reasonable since the lots are currently under common ownership. The petitioner's responses to the Standards for Granting a Zoning Variance are attached. Upon review, staff agrees with the petitioner's findings and r...
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