Variance #1211 – 2244 Fairview Place, Fence Height and location in a clear vision zone - A variance from 27-615(c) requiring a structure or fence within a required clear vision of an alley or a driveway to be 30 inches in height or less to allow the replacement of an existing 6-foot fence in a Residential 9,600 (R-96) zone, on Lot 16, Block 6, Country Club Heights Subdivision, a 13,067 square foot parcel of land.

Staff is recommending conditional approval and adoption of the findings of the 7 criteria for Variance 1211.

OWNER: Roger and Susan Santala
AGENT: Neil Kiner, In Through the Outdoor, LLC
LEGAL DESCRIPTION: Lot 16, Block 6, Country Club Heights Subdivision
ADDRESS: 2244 Fairview Place
CURRENT ZONING: R-96
EXISTING LAND USE: Single family dwelling
PROPOSED USE: Same
SIZE OF PARCEL: 13,067 square feet

None.

There have been several variances granted in the Country Club Heights Subdivision for setbacks from an arterial street (Rimrock Road), front property lines and rear property lines. Four recent variances (1999 to present) concerned front setbacks for either garages, new dwellings, or additions to dwellings. One of those variances was denied at 3205 Green Terrace Drive for a garage addition in 2013.

NORTH:	Zoning: R-96 Land Use: Single family dwellings
SOUTH:	Zoning: R-96 Land Use: Single family dwellings
EAST:	Zoning: R-96 Land Use: Single family dwellings
WEST:	Zoning: R-96 Land Use: Single family dwellings

The applicant is requesting this variance in order to re-build an existing 6-foot fence that borders their south and west property lines along an unconstructed alley and parallel to Green Terrace Drive. There are 2 clear vision areas that apply to this fence - 1 for the unconstructed alley and 1 for the driveway up to the garage. The clear vision areas were delineated and noted on the applicant's fence permit submitted last fall to the Planning Division. The permit was approved to re-construct the 6 foot fence only in that area not affected by the clear vision area. The applicant was informed a variance would be necessary to complete the re-construction of the fence in the clear vision areas. 

The alleys that were platted in the Country Club Heights Subdivision are all 20 feet in width but were never constructed. Electrical service lines exist in the alleys as well as city sewer service lines. Garbage collection service is provided at curb side and not in the alley and the alleys do not have regular vehicle traffic other than service vehicles for repairing or inspecting utility lines. The clear vision area for the alley is measured from the property line since no sidewalk exists.

The existing driveway is 28 feet from the curb to the garage door facing Green Terrace Drive. The clear vision area for the driveway and the alley must be measured from the property line since no sidewalk exists along the east side of Green Terrace Drive. The clear vision area would exclude any fence over 30 inches in height 14 feet east of the property line on Green Terrace Drive (Please see Attached Site Plans). An existing shed in the southwest corner of the property is also in the clear vision area although it is not visible since it is inside the existing fence. The 14 feet combined with the existing 12-foot grass boulevard results in a 26-foot clear zone between the pavement and any obstruction. There are several other corner properties in the Country Club Heights Subdivision and nearby subdivisions that also have undeveloped alleys as well as fences or hedges. These locations are 2100 Fairview Place (east end of this block), 1601 Rimrock Road, 2904 Radcliff Drive, 2904 Stanford Drive, 2904 17th St West, 2220 Rimrock Road, 2815 Woody Drive, 2237 Fairway Drive, and 2046 Fairway Drive. These clear vision areas along un-constructed alleys do not appear to have any effect on traffic or pedestrian safety. Clear vision areas for driveways are also intended to provide  traffic and pedestrian safety especially since vehicles are backing into the travel lane and across sidewalks. There is no sidewalk at this location or within the Country Club Heights Subdivision. The current fence is angled at 45 degrees as it approaches the driveway. This angle likely met the previously required clear vision area for driveways of 10 feet up the edge of the driveway and 20 feet south along the property line. The applicant proposes to remove this angled portion and replace it with a 90 degree turn to clean up this open area of property south of the concrete driveway. The applicant currently uses this area adjacent to the driveway for storage of outdoor equipment. There is some overgrowth of shrubbery and trees in this location as well.

The Planning Division reviewed the application and the 7 criteria for variances and is recommending conditional approval. There does not appear to be any physical hardship with the property except that it is located at a street intersection with an un-constructed alley bordering the south property line. The lot is regularly shaped and has sufficient area to accommodate the residence and outdoor activities. The staff does find that a literal interpretation of the clear vision requirements would deprive this owner of rights commonly enjoyed by other property in the subdivision and this district. The 12-foot grass boulevard, part of the public right-of-way for Green Terrace Drive, provides ample clear vision for any vehicles backing out of the driveway as well as any service vehicles using the un-constructed alley. There are several similar properties in the subdivision and in the surrounding areas that have fences within the required clear vision area for un-constructed alleys and for driveways. The City Engineering Division has asked for a condition of approval that requires the applicant to bring the fence into compliance with the clear vision regulations at their expense if the alley is ever constructed in the future. Approval of the variance will not confer on this applicant a special privilege that is denied to other property owners in the area. Variance applications to allow obstructions in a clear vision area are not common. One variance was granted in 2006 for property at the intersection of S 28th Street and 11th Avenue South for the construction of a new building at the intersection. A clear vision variance was issued for a 4 foot fence in the front yard of property at 1243 N 31st Street in 2011. The Planning Division is recommending several conditions of approval for the requested variance that ensure compatibility with the neighborhood.