HomeMy WebLinkAbout05212009 ZBA DKT 2009-06 STAFF REPORT
Memo
To: Zoning Board of Adjustments
From: Debbie Scarcella, City Planner
Date: May 15, 2009
Re: Staff Report for Docket 09-06
The applicant in Docket 09-06 6648 Rutgers is requesting a variance under Article? Table 7-5a of
the zoning regulations. The applicant requests to be allowed to erect a wrought iron fence gate and
posts within a driveway visibility triangle
Background Information
The applicant's property is located at the comer of Rutgers and Cason streets. The driveway entry
faces Cason and is 21'2" long by 18' wide. The applicant contracted with Gulf Coast Fence to install
40' of wrought iron fencing along the Rutgers side of the property, including a sliding gate 18' wide in
the scope of the project. Gulf Coast applied for a permit on February 2, 2009. At that time, the
contractor was informed of the regulation in Table 7-5a that nothing above 2' in height nor below 8' in
height could occupy a 5' by 5' visibility triangle on either side of the driveway. (See site plan
accompanying permit application in packet). A permit was issued and the fence and gate were
installed. When the fence company called for inspection, the inspector noted that the gate and posts
were in the visibility triangle area and notices were given to the fence company.
Staff Response
The applicant states that there have been several burglaries of vehicles in the area because of the
accessibility by persons from Buffalo Speedway and Holcombe Blvd. The house is 5' from the side
property line along the Cason Street right of way. The gate and posts were installed 3.5' from the
sidewalk, which lies along the property line. According to the fence company, the layout of the house
and mechanical units left only one place for the gate and controls with enough room to property
operate the sliding mechanism of the gate. The maximum the gate and posts could be moved would
be 3"4", which will not comply with the regulations.
The applicant is concerned about the security of her site while entering and exiting her home through
the rear entrance. The fence is wrought iron, and therefore some visibility for oncoming vehicles and
pedestrians is maintained. The existing location and configuration of the house, driveway and
mechanical unit does not permit the gate and its mechanism to be located in compliance with the
driveway visibility triangle.
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Staff believes that the ZBA has the authority to grant this variance, but according to Section 11- 102,
the ZBA may not issue a variance unless all of the following circumstances are present:
(1) The ZBA must make all findings and determinations required by state law for the granting of a
variance, which are: (I) due to special conditions, a literal enforcement of the Zoning Ordinance
provision would result in unnecessary hardship, (ii) by granting the variance, the spirit of the
ordinance is observed and substantial justice is done, and (iii) the variance is not contrary to public
interest.
(2) The ZBA must make any additional findings and determinations required by a specific provision of
this ordinance that relates to the variance.
(3) The variance must be reduced to writing including any conditions prescribed by the ZBA or
required by this ordinance for the variance in question.
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