HomeMy WebLinkAbout06182009 ZBA DKT 2009-07 STAFF REPORT
t
Memo
To: Zoning Board of Adjustments
From: Debbie Scarcella, City Planner
John Brown, Building Official
Date: June 15, 2009
Re: Staff Report for Docket 09-07
The applicant in Docket 09-07, 2830 W Holcombe, is requesting a variance under Article7, Table 7-6,
Note 12 of the zoning regulations. The applicant requests to be allowed to erect a fence in a PDD-
TH1 District within 5' of the property and exceeding 7' in height.
Background Information
The applicant's property is located at the corner of W. Holcombe and Brompton streets. This property
is located within a PDD-TH1 District. The property is 100' wide by 145.75' deep and fronts W.
Holcombe. The applicant contracted with J T Fencing to install 295' of white cedar fencing along the
north, west (Brompton) and south (Holcombe) sides of the property, at varying heights along the
corresponding property boundaries. J T Fencing applied for a permit on October 10, 2008. Initially
there was confusion regarding the address, but the permit was subsequently issued for a 7'10" fence
along the W. Holcombe property boundary. The fence was actually installed at varying heights with
the highest point at the comers of the property boundaries (See attached photos).
Staff Response
The applicant states that the primary purposes for wanting to install the fence in its current
configuration was safety of their children due to the proximity of W. Holcombe. The applicant states
that the Kirby Drive construction has diverted traffic to Holcombe street, thus increasing the number
of vehicles travelling at unsafe speeds. The applicant further states that the proximity of the Metro
bus stop at the corner of Brompton and W. Holcombe. The fence that was there was a combination of
hedges and fencing that was used for disposing unsanitary and unsafe objects. The 7'10" height at the
corners helps prevent disposal of these objects onto their property, as well as provided a screen of the
bus stop.
Table 7-6 Note 12 allows fencing in the front yard of townhome districts provided the fence is not
higher than seven feet and not closer than five feet to the front street line (property line). The fence
was installed with the highest point at 7'10" and is located on the property boundary.
2830 W Holcombe Pagel 6-15-09
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.
The ZBA may place conditions on the issuance of the variance, such conditions including:
(1) Requiring fencing in compliance with the provisions of Table 7-6 Note 12 if the existing fencing
is replaced.
(2) Variance is effective only as long as the existing structure remains.
2830 W Holcombe Page 2 6-15-09