File #: 20-1249B    Version: 1
Type: Ordinance Status: Passed
File created: 11/9/2020 In control: City Council
On agenda: 11/17/2020 Final action: 11/17/2020
Title: Pass the ordinance granting a variance to permit a 6' tall solid fence in the required corner side yard for the property located at 616 Caraway Court- PZC 19-1-095
Attachments: 1. Ordinance, 2. Exhibit A - Legal Description, 3. Exhibit B - Plat of Survey, 4. Exhibit C - Site Plan, 5. Exhibit D - Response to Standards, 6. Application, 7. Disclosure of Beneficiaries, 8. Location Map, 9. Public Comment
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
Pass the ordinance granting a variance to permit a 6' tall solid fence in the required corner side yard for the property located at 616 Caraway Court- PZC 19-1-095
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Gabrielle Mattingly, Community Planner

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission (PZC) considered PZC 19-1-095 on October 21, 2020 and voted to recommend approval of the request (approved 6,0). Staff concurs.

BACKGROUND:
The subject property is zoned R3A PUD (Medium Density Multiple-Family Residence District Planned Unit Development) and is located on the northeast corner of Caraway Court and Feldott Lane. The 14,747-square foot property is currently improved with a single-family residence and a fenced-in pool. The owners and petitioners, Rocco and Lisa DiFranco, request approval of a variance in order to move the existing 6' tall solid style fence currently located around the pool, 5' toward the street into the 15' required corner side yard (site plan showing the location of the fence is included in the attachments).

DISCUSSION:
The subject property has a 15' required corner side yard. The variance request is to move the existing fence 5' toward Feldott Lane, locating the fence 10' from the property line. The petitioners currently have a fenced-in pool in the backyard. The purpose for relocating the fence is to increase handicap accessibility around the pool for a family member.

Per Section 6-2-12:1 (General Zoning Provisions: Fences), an open, or picket style, fence 4' tall or less is permitted in 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...

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