Variance #1224 – Clear Vision at Intersections – Silver Creek Estates – A variance from Section 27-615 requiring a prescribed clear vision at street intersections and from Section 27-604 prescribing a maximum fence height in a clear vision zone to allow an AASHTO specific clear vision zone at the intersections of Gold Creek Trail and 50^th St West; Elk Ridge Trail and 46^th St West; and Silver Creek Trail and 46^th St West in a Residential 9,600 (R-96) zone on Lots 1 and 36, Block 1; Lots 1 and 20, Block 2; and Lots 1 and 27, Block 5 of Silver Creek Estates. Tax IDs: A35826, A35861, A35884, A 35927, and A35953. Presented by Nicole Cromwell, AICP, Zoning Coordinator

The Planning Staff recommends conditional approval of the proposed variances.

OWNER: Boyer Properties, LLC - Laura Boyer
AGENT: KLJ - Gordon Bean, P.E.
LEGAL DESCRIPTION: Lots 1 & 36, Block 1; Lots 1 & 20, Block 2; Lots 1 & 27, Block 5 of Silver Creek Estates
ADDRESS: Intersections of 46th St West and Silver Creek Trail and Elk Ridge Trail; Intersection of 50th St West and Gold Creek Trail
CURRENT ZONING: R-96
EXISTING LAND USE: Vacant subdivision lots
PROPOSED USE: Same with perimeter subdivision fencing
SIZE OF PARCEL: 62.68 acres - entire subdivision area

None.

The Silver Creek Subdivision received a zone change for 3 of the large interior lots from R-96 to R-70 in 2015. The subdivision has not requested variances of record.

Rimrock West subdivisions to the east has been granted several building height variances and 1 fence height variance. Cottonwood Grove Subdivision to the southwest has been granted a clear vision variance for a lot located at 5421 Summerstone Street. The lot is located on an interior street corner. A building permit review error allowed a portion of the attached 3-car garage to be within the clear vision area for the intersection of Summerstone Street and Archstone Street. The staff recommended denial and the Board approved the variance without conditions. Mont Vista Subdivision to the west, applied for an engineering review of its clear vision area for the intersection of Mont Vista Drive and 54th St West and for the intersection of Rimrock Road and 54th St West. These intersections are allowed to present an engineering study and have clear vision areas determined administratively by the City Engineering due to the designated speed limit on 54th St West. The Board approved a clear vision variance in 2015 for 2244 Fairview Drive for a replacement fence that would stay in an alley clear vision area and a driveway clear vision area. Conversely, the Board denied a clear vision variance for 2107 Colton Boulevard for a property line fence in the clear vision area for a neighbor's driveway. In 2006, the Board approved a clear vision variance for new construction at 1565 Park Place at the intersection of Park Place and N 16th Street.

NORTH:	Zoning: R-96 Land Use: Vacant Subdivision lots
SOUTH:	Zoning: R-96 Land Use: Single family residence
EAST:	Zoning: R-96 Land Use: Single family dwellings
WEST:	Zoning: R-96 Land Use: Vacant Subdivision lots

The applicant is requesting clear vision variances for three new intersections for the Silver Creek Estates Subdivision. There are two intersections on 46th St West, a designated collector street, and one intersection on 50th St West, a designated local street. The clear vision requirements for each of these stop controlled intersections is 10 feet along the intersecting street and 75 feet along the collector street at the property lines, or 55 feet along the local street at the property lines. The code requires measurement along the property lines and not along the back of a sidewalk for street intersections so future expansion of the street for additional lanes will not create clear vision issues with existing structures, fences, or landscaping.

There is one exception in the code where the property line is more than 20 feet from the back of the major street line to adjust the clear vision area to a local street clear vision area - or 10 feet by 55 feet rather than 10 feet by 75 feet. The current construction of 46th St West, the collector street, does not require a center turn lane so the curb line is more than 20 feet from the property line. This allows the application of a stop-controlled local street clear vision area. The applicant is proposing to provide a 25 foot by 25 foot clear vision area for all three street intersections.

In 2009, the city proposed major revisions to the clear vision requirements in the zoning code. The revisions were proposed after a code-compliant but unsafe 6 foot wall was constructed on the south west corner of Virginia Lane and Rimrock Road. Prior to the code revisions, the clear vision area for all stop-controlled intersections was 25 feet by 25 feet. The wall constructed met the code requirements but because of the street alignments and the speed of the vehicles on Rimrock Road, the clear vision area was not large enough to provide safety for vehicles turning east or west onto Rimrock Road. The City Traffic Engineer, Terry Smith, prepared the re-draft of the clear vision requirements to ensure stop controlled and uncontrolled intersections were assigned standard engineering clear vision areas for most configurations. The code was drafted to allow for some administrative variations for clear vision areas where the streets were not perfectly aligned, where streets had significant curves close to intersections, or where speed limits were posted over 45 mph.

KLJ (Kadrmas, Lee & Jackson) Engineers prepared an engineering study for the City Traffic Engineer for the intersection of 46th St West and Silver Creek Trail and Elk Ridge Trail. The City Engineer has accepted this engineering study as sufficient for both intersections and has no concerns with the proposed 25 foot by 25 foot clear vision areas for these intersections. The current and anticipated volume of traffic on 46th St West would not warrant the existing 10 foot by 55 foot clear vision area. The proposed 25 foot by 25 foot clear vision area is also outside the engineering analysis for a safe clear vision zone based on the future expansion of the collector street.

The companion variance request is to allow a fence taller than 4 feet in a "front yard" of the two corner lots at each of these intersections. Each of the 6 lots subject to the variance request have front yards along the intersecting streets - Silver Creek Trail, Elk Ridge Trail and Gold Creek Trail. The fence regulations at 27-604 allow a maximum fence height of 4 feet in any front yard setback. The front yard setback is 20 feet from the front property line. A portion of the fence at the intersection will be over 4 feet. The applicant states in its letter to the Board the intention to insert a transition panel along the diagonal portion of each fence to go from 6 feet to 4 feet but some of this fencing will be over the maximum of 4 feet in some area of the required front yard setback.

The Planning Staff has reviewed the requested variance and is recommending conditional approval based on the review criteria for variances. There is no hardship with the land that will prevent the applicant from using the property in conformance with the clear vision requirements or the maximum fence height in front yards. However, most of the adjacent lots in Rimrock West Estates to the east and River Rock Estates to the south have fences that could not be approved under the 2009 code revisions for clear vision areas. Some fences on corner lots in Rimrock West Estates also were constructed in apparent violation of pre-2009 clear vision requirements for driveways. The Board has approved several clear vision variance requests, in particular those variances that have no objection from the City Traffic Engineer or staff. Denying this variance would deny this applicant rights commonly enjoyed by others in the area and similar variances have been conditionally approved in the past. The proposed 25 foot by 25 foot clear vision areas will provide a more regular perimeter fence construction that still will protect traffic and pedestrian safety at these intersections.

The Planning Division recommends the following conditions of approval:
1. The variance approved is from 27-615(b) to allow a clear vision of 25 feet by 25 feet as measured at the property lines and as shown on the site plan and a variance from 27-604(c) to allow a fence over 4 feet in height in the front yard setback as shown on the site plan.
2. The variance is limited to Lots 1 & 36, Block 1; Lots 1 & 20, Block 2; and Lots 1 & 27, Block 5 of Silver Creek Estates Subdivision.
3. Construction of the fence at the corner lots will be done with site specific fence permits for each lot. Such permit shall be accompanied by an individual site plan and elevation drawing of the proposed fence.
4. Fence permits for the corner lots on 46th St West will be submitted within 30 days of Board approval and the construction completed within 3 months.
5. Fence permits for the corner lots on 50th St West will be submitted within 3 years of Board approval and the construction completed with 3.5 years of Board approval.
6. No construction on any fence will occur between 8 pm and 7 am daily.
7. Failure to begin or complete the approved actions on the variance will void the approved variance.   
8. These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.

Staff recommends conditional approval and adoption of the findings of review criteria for Variance 1224.