HomeMy WebLinkAbout#4 Variance- fence
Memo
To: Planning Commission
From: Justin Fortney, Associate Planner
Date: March 8, 2010
SubjectRichard Bond
: – Variance #2010-13- Variance to the height of a fence at
2025 Forest Street
REQUEST
Richard Bond has applied for a variance to build an 8.5-foot tall fence along a portion of
his rear lot line and requests the following actions to allow it:
1. Variance from City Code Chapter 155. 05(F)(4), Fences walls and hedges, The
maximum allowable height of a residential fence is 6-feet. The applicant is applying
for a 2.5-foot height variance to build the proposed 8.5-foot fence.
BACKGROUND INFORMATION
The applicant had previously applied for a 4-foot tall variance, which was denied by the
Planning Commission and the City Council for lack of a hardship to support a variance that
large.
Notification
The original notification was sent to adjoining property owners. Two neighbors spoke in
opposition of the full 10’ fence that was presented at the Planning Commission meeting.
Daniel Lindner (2021 Forest St) and Bruce Larson (2017 Forest St). Notification has been
sent again regarding the 2.5-foot variance with no comments being received as of yet.
Comprehensive Plan Classification, zoning, and land use
The use conforms to the 2020 Comprehensive Plan. The subject and adjacent properties
are designated U-I – Urban Residential.
The subject and adjacent properties are zoned R-2 – Medium Density Residential. Single-
family homes are a permitted use in the R-2 District.
History
The home was constructed in 1958. The applicant states that since he purchased the
property, County Road 47 has become very busy and noisy. He would like to build a tall
cedar fence to reduce the noise and sight of passing vehicles and he believes that a 6-foot
tall fence as allowed would not be tall enough. The roadbed of 47 is higher than the
applicant’s property, particularly in the rear where he plans on locating his fence.
Review Criteria
The following criteria have been used as findings of fact in granting variances to zoning
provisions:
A. That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same district.
B. The literal interpretation of the City Code would deprive the applicants of rights
commonly enjoyed by other properties in the same district under the terms of
Chapter 10.
C. That the special conditions and circumstances do not result from actions of the
applicant.
D. That granting the variance requested will not confer on the applicant any special
privilege that is denied by Chapter 10 to other lands, structures, or buildings in the
same district. No non-conforming use of neighboring lands, structures, or buildings
in the same district, and no permitted or nonconforming use of lands, or buildings in
other districts shall be considered grounds for the issuance of a variance.
RECOMMENDED ACTION
Approval of a 2.5-foot variance is recommended based on the following findings of fact and
hardships:
1) The lot is peculiar in that it backs up to a busy collector road with a raised roadbed.
2) The applicant could incur a hardship if not granted a 2.5-foot variance to make up
for the roadbed being 2.5 feet higher than the property.
With the following condition
The 2.5-foot variance only applies section of fence at the rear of the property.
ATTACHMENTS
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Location Map
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Aerial Photograph
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Photographs
tall
10’
Approximate
representation
of fence