Item # 1. City Variance #1219, Dave Green, Planner II - The applicant is requesting a variance from BMCC Section 27-604 requiring a maximum fence height of 6 feet on the side or rear property line to allow a maximum fence height of 7 feet on the north property line to replace a damage 6.5-foot fence in a Residential 9,600 (R-96) zone, on Lot 4A, Block 8 of Palisades Park Subdivision 1^st Filing and Lot 4B, Block 8 of Palisades Park Subdivision 2^nd Filing, a 10,195 square foot parcel of land. Tax ID: C03167, David and Norma Sellers, owners.
 

Staff recommends conditional approval of the variance.     
 

OWNER: David and Norma Sellers
AGENT: None
LEGAL DESCRIPTION: Lot 4A, Block 8 of Palisades Park Subdivision 1st Filing and Lot 4B, Block 8 of Palisades Park Subdivision 2nd Filing
ADDRESS: 3903 Palisades Park Drive
CURRENT ZONING: Residential 9600
EXISTING LAND USE: Residential
PROPOSED USE: Same
SIZE OF PARCEL: 10,195 square feet

None

There have been a few variances in the surrounding neighborhood that have been applied for and granted and some that were denied.  There have been 16 variances applied for in the neighborhood. Of those 16 variances, 13 were granted and 3 were denied.  The ones that were granted included front setback reductions, lot size reductions, arterial setbacks reduced, rear setback reduction, and two fence height variances (one fence variance was a front fence from 3 feet to 5 feet and the other was for a rear and side fence height from 6 feet to 8 feet).  The three that were denied were for rear, 20’ to 2’, and side, 5’ to 0’ setback reductions. A side setback from 5’ to 1’ 8” was denied and a front setback from 20’ to 5’ was denied.
 

NORTH:	Zoning: Residential 9600 (R-96) Land Use: Residential
SOUTH:	Zoning: R-96 Land Use: Residential
EAST:	Zoning: R-96 Land Use: Residential
WEST:	Zoning: R-96 Land Use: Residential

The applicant is requesting a variance from Section 27-604 requiring a maximum fence height of 6 feet on the side or rear property line to allow a maximum fence height of 7 feet on the rear side yard along the north property line to replace a damaged 6.5-foot fence. The property is in a Residential 9,600 (R-96) zone and is 10,195 square feet in size.
 
This area of Billings is built at the foot of the Rims.  The subject property is ‘downhill’ from the north fence on the side property line behind the house.  There is a natural drainage that runs at the back property lines of the properties in this part of the subdivision with the north elevations higher than the ones on the south.   With the properties on the north being higher, a common fence on the shared rear property line would appear shorter on the north property than on the south property. 
 
The applicant submitted pictures and states that the fence on their property now is 77 inches tall and has been for 17 years. They are asking to be able to rebuild a new fence that is 7 feet tall will a decorative trellis top on it that could possibly be used for growing hanging vines or for other decorative purposes.  The variance would be to allow the subject property a taller fence to provide a greater amount of privacy from a property that is uphill from them.
 
While posting the property, one of the pictures taken between homes shows that the back yards to the north are at a higher elevation to the back of the house than the back yards to the south for the homes on Palisades Park Drive.  Back yards to the north were visible from Palisades Park Drive.  Front yards on homes on Palisades Park Drive are higher than their back yards but still lower than back yards are to the north (See attached photos).     
 
Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for the variance based on the determinations for review provided within this report. 
 

Staff recommends Conditional Approval