b.
City Board of Adjustment
- Meeting Date:
- 10/07/2015
- SUBJECT
- City Variance #1220 - 2107 Colton Boulevard - Front Yard Fence Height
- THROUGH:
- Candi Millar
- PRESENTED BY:
- Wyeth Friday
Information
REQUEST
Item #2. City Variance #1220 – 2107 Colton Blvd. – Front Yard Fence Height, Dave Green, Planner II - A variance from BMCC Section 27-604 requiring a maximum fence height of 4 feet in the front yard setback to allow a 6 foot fence in the front yard setback along the west property line in a Residential 9,600 (R-96) zoning district on Lot 9, Block 6, Barth-Fortin Subdivision, a 10,085 square foot parcel of land. Tax ID: A02878
RECOMMENDATION
Staff recommends denial of the variance request and complete compliance with the existing portion of the fence that is in the Clear Vision Area for its height not to exceed 30 inches.
APPLICATION DATA
| OWNER: Chad Torgrimson | |
| AGENT: None | |
| LEGAL DESCRIPTION: Lot 9, Block 6 | |
| ADDRESS: 2107 Colton Blvd. | |
| CURRENT ZONING: Residential 9600 | |
| EXISTING LAND USE: Single Family Residential | |
| PROPOSED USE: Single Family Residential | |
| SIZE OF PARCEL: 10,085 square feet |
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
Surrounding Property
City Variance #938 – 2104 Iris Lane – Approved June 1, 2004 - A variance to allow construction of a 6' fence in the 10' X 20' Clear Vision Area at the intersection of the Alley and 21st Street West in an R-960 Zone on Lot 5, Block 4, Barth-Fortin Subdivision. Planning staff recommended denial.
No other variances for fences were found in the neighborhood surrounding the subject property. Only two other variances in addition to the one referenced above were found and they were for front yard set back reductions for structures.
City Variance #938 – 2104 Iris Lane – Approved June 1, 2004 - A variance to allow construction of a 6' fence in the 10' X 20' Clear Vision Area at the intersection of the Alley and 21st Street West in an R-960 Zone on Lot 5, Block 4, Barth-Fortin Subdivision. Planning staff recommended denial.
No other variances for fences were found in the neighborhood surrounding the subject property. Only two other variances in addition to the one referenced above were found and they were for front yard set back reductions for structures.
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: Residential Multi-Family Restricted Land Use: Multi-family dwellings |
| SOUTH: | Zoning: Residential 7000 (R-70) Land Use: Single Family Residential |
| EAST: | Zoning: R-70 Land Use: Single Family / Multi-Family |
| WEST: | Zoning: R-70 Land Use: Multi-Family dwellings |
BACKGROUND
This variance request is the result of an initial code enforcement violation for a new 6' high fence being built on the west property line in the front yard setback of the subject property at 2107 Colton Boulevard. The fence was constructed without a fence permit and a code enforcement violation was reported (See attached photo dated 3/26/15). The property owner was provided notice and applied for a fence permit for the fence. At the time the fence permit was reviewed and issued, the required clear vision area for the adjacent driveway on the neighbors property at 2111 Colton Boulevard was identified by Planning staff at the intersection of the driveway with Colton Boulevard. However, the additional requirement that fences in the 20' front yard setback in R-960 zoning may not exceed 4' in height was not noted on the permit.
The applicant partially reduced the fence height to the required clear vision area of 30" from the centerline of the sidewalk back 10' into the property. Complete compliance with the existing portion of the fence that is in the Clear Vision Area for its height not to exceed 30 inches has still not been met with structural portions of the fence projecting above the 30" maximum. The fence also still does not meet the front yard setback height limitation of 4' feet for approximately another 10-12 feet into the property. The fence also in the clear vision area retained structural pieces above the 30" height requirement that have never been removed (See attached photo dated 4/22/15). The applicant was noticed on April 8, 2015 of the front yard setback violation for the fence. It was then discovered by Planning staff in discussions with the applicant that the fence permit issued on April 15, 2015 had noted the clear vision requirement but had not specifically noted the front yard setback requirement on the permit face.
The Planning staff then discussed remedies with the applicant's attorney and determined that applying for a variance was the only remedy if the applicant would not bring the fence into compliance voluntarily with the regulations. The Planning Division agreed to waive the variance application fee given the staff's omission of the front yard setback on the fence permit site plan. It should also be noted that on all fence permit applications, a note is provided that states: "This permit will allow a property owner to place a fence on their property. Except in Agricultural-Open Space (A-1), Controlled Industrial (CI) and Heavy Industrial (HI) zones or planned developments, NO fence may exceed 48 inches within the required front yard setback (emphasis added). Maximum fence height outside the front setback shall not exceed 6 feet in height. Applicable clear vision triangles shall remain free of any object over 30 inches in height. The property owner should act on this permit within one (1) year of approval."
Colton Boulevard in this area is designated a Collector Street by the City's Functional Classification Map. The street has a posted speed limit of 35 mph. There are churches and schools in the neighborhood. Driveways of the residential properties in this area are directly off of Colton Boulevard. A curb walk sidewalk is in place along the frontage of the properties in the area of the neighborhood. While the Clear Vision Area is the main tool in the Zoning Regulations to ensure visibility for motorists and pedestrians or cyclists in conflict areas, the maximum fence height of 4' in residential front yard setbacks is also intended to provide safety and visibility for both property owners and users of the road corridor, and it is important for public safety responders that approach properties from the public streets.
The front yard setback requirement for fences applies to all residential zoning districts across the City. The front yard fence height was increased in 2012 by an amendment by the City Council from 3' to 4'. Staff had found that those operating licensed day care businesses were required by the State to have a 4' minimum fence for areas where children played. Staff also found that pet owners could better control their animals with an slightly taller fence. It was determined during the code amendment process for the fence height, that the purpose of protecting public safety would still be met with an increase in the height to 4'. While there are existing fences that may not meet this requirement because of age or because they may have been built without a permit, generally the fence height limitation of 4' in front yard setback is adhered to and enforced.
Planning staff has reviewed this application and is forwarding a recommendation of denial for the variance based on the determinations for review provided within this report. Staff found that while the front yard setback requirement was not noted on the permit site plan by staff when the applicant applied for a fence permit after the fence was built, there is no circumstances with the subject property that would create a hardship for meeting the 4' height, the permit does call out the maximum 4' height for fences in front yard setbacks on the permit, and there have been no similar variances approved along Colton Boulevard in the area that would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
The applicant partially reduced the fence height to the required clear vision area of 30" from the centerline of the sidewalk back 10' into the property. Complete compliance with the existing portion of the fence that is in the Clear Vision Area for its height not to exceed 30 inches has still not been met with structural portions of the fence projecting above the 30" maximum. The fence also still does not meet the front yard setback height limitation of 4' feet for approximately another 10-12 feet into the property. The fence also in the clear vision area retained structural pieces above the 30" height requirement that have never been removed (See attached photo dated 4/22/15). The applicant was noticed on April 8, 2015 of the front yard setback violation for the fence. It was then discovered by Planning staff in discussions with the applicant that the fence permit issued on April 15, 2015 had noted the clear vision requirement but had not specifically noted the front yard setback requirement on the permit face.
The Planning staff then discussed remedies with the applicant's attorney and determined that applying for a variance was the only remedy if the applicant would not bring the fence into compliance voluntarily with the regulations. The Planning Division agreed to waive the variance application fee given the staff's omission of the front yard setback on the fence permit site plan. It should also be noted that on all fence permit applications, a note is provided that states: "This permit will allow a property owner to place a fence on their property. Except in Agricultural-Open Space (A-1), Controlled Industrial (CI) and Heavy Industrial (HI) zones or planned developments, NO fence may exceed 48 inches within the required front yard setback (emphasis added). Maximum fence height outside the front setback shall not exceed 6 feet in height. Applicable clear vision triangles shall remain free of any object over 30 inches in height. The property owner should act on this permit within one (1) year of approval."
Colton Boulevard in this area is designated a Collector Street by the City's Functional Classification Map. The street has a posted speed limit of 35 mph. There are churches and schools in the neighborhood. Driveways of the residential properties in this area are directly off of Colton Boulevard. A curb walk sidewalk is in place along the frontage of the properties in the area of the neighborhood. While the Clear Vision Area is the main tool in the Zoning Regulations to ensure visibility for motorists and pedestrians or cyclists in conflict areas, the maximum fence height of 4' in residential front yard setbacks is also intended to provide safety and visibility for both property owners and users of the road corridor, and it is important for public safety responders that approach properties from the public streets.
The front yard setback requirement for fences applies to all residential zoning districts across the City. The front yard fence height was increased in 2012 by an amendment by the City Council from 3' to 4'. Staff had found that those operating licensed day care businesses were required by the State to have a 4' minimum fence for areas where children played. Staff also found that pet owners could better control their animals with an slightly taller fence. It was determined during the code amendment process for the fence height, that the purpose of protecting public safety would still be met with an increase in the height to 4'. While there are existing fences that may not meet this requirement because of age or because they may have been built without a permit, generally the fence height limitation of 4' in front yard setback is adhered to and enforced.
Planning staff has reviewed this application and is forwarding a recommendation of denial for the variance based on the determinations for review provided within this report. Staff found that while the front yard setback requirement was not noted on the permit site plan by staff when the applicant applied for a fence permit after the fence was built, there is no circumstances with the subject property that would create a hardship for meeting the 4' height, the permit does call out the maximum 4' height for fences in front yard setbacks on the permit, and there have been no similar variances approved along Colton Boulevard in the area that would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
RECOMMENDATION
Staff recommends denial of the variance request and complete compliance with the existing portion of the fence that is in the Clear Vision Area for its height not to exceed 30 inches.