File #: 21-1537    Version: 1
Type: Public Hearing Status: Agenda Ready
File created: 11/17/2021 In control: Planning and Zoning Commission
On agenda: 12/1/2021 Final action: 12/1/2021
Title: Conduct the public hearing to consider a variance to Section 6-2-12:1 to permit a 6-foot-tall fence in the corner side yard setback at 5 South River Road - PZC 21-1-123
Attachments: 1. Application, 2. Responses to Variance Standards, 3. 5 South River Road Plat of Survey and Site Plan, 4. Existing Fence Photo 1 of 2, 5. Existing Fence Photo 2 of 2, 6. Proposed Fence Photo, 7. Fence Contract, 8. Fence Permit Application, 9. Legal Description, 10. Location Map
PLANNING AND ZONING COMMISSION AGENDA ITEM

ACTION REQUESTED:
title
Conduct the public hearing to consider a variance to Section 6-2-12:1 to permit a 6-foot-tall fence in the corner side yard setback at 5 South River Road - PZC 21-1-123
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Kathleen Russell, AICP

ENTITLEMENTS REQUESTED:
A variance to Section 6-2-12:1 (Fences: Residence District) has been requested to:

* Permit a 6-foot-tall fence in the corner side yard setback.

BOARD/COMMISSION REVIEW:
Official notice of the public hearing for PZC 21-1-123 was published in the Daily Herald on November 15, 2021.

BACKGROUND:
The subject property is located at 5 South River Road, and consists of an approximately 11,792 square foot parcel. The property is currently improved with a single-family residence, and is zoned R1A (Low Density Single-Family Residence District).

DISCUSSION:
The Petitioner, Man Yee Wong, seeks to replace an existing 6' fence in the corner side yard setback at 5 South River Road. In order to permit a 6' fence in the corner side yard setback, the Municipal Code requires the corner side yard of the subject property to align with another residential property's corner or rear yard. The subject property's corner side yard along River Road, does not align with another corner or rear yard, thus a 6' fence is not permitted within the 30' corner side yard setback. The Petitioner requests approval of a variance in order for a fence to be constructed approximately 12' from the corner property line along River Road, rather than complying with the 30' required setback. The intent of the code requirements for corner lot fences is to maintain sightlines for vehicles.

Currently a 6' fence exists in the same location as the proposed fence. Per the Petitioner, they have not received any complaints concerning the fence and it is in need of replacement, as shown on the submitted photos. The Petitioner would like to replace the fence...

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