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 loca...
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