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298 Pine Street ZVAR-13-00100063 PresentationZVAR-13-00100063 298 Pine Street | Fence Request for variance from the provisions of Section 24-157(c)(1), to allow the construction of a fence exceeding four (4) feet in height within ten (10) feet of a property line which abuts a right-of-way that is fifty (50) feet or less in width. Specifically, the applicant seeks to construct a six (6) foot high fence on the property line abutting Seaspray Avenue, which is a fifty (50) foot wide right-of-way. July 16, 2013 1 Community Development Board 1 July 16, 2013 Community Development Board 2 PROPERTY ADDITION 298 Pine Street is located west-southwest of the intersection of Seaspray Avenue and Pine Street. Google Maps, accessed online June 25, 2013. 2 July 16, 2013 Community Development Board 3 PROPERTY ADDITION The northern side yard of 298 Pine Street prior to installation of fence consisted of lawn and landscaping to the east (left) and a low planter box-wall defining a paver patio to the west (right). According to survey, the distance from the wall plane to the northern property line, which abuts the Seapsray Avenue sidewalk, is nineteen and nine-tenths (19.9) feet. Google Maps Street View imagery dated March 2011, accessed online June 25, 2013. 3 July 16, 2013 Community Development Board 4 PROPERTY ADDITION FEBRUARY 19, 2013 Pence Property Management Company, as applicant acting on behalf of property owners Karen & Frank Bernstein, submits for a building permit to construct a six (6) foot high fence on the property line adjacent to Seaspray Avenue. Planning & Zoning staff denies application on first review based upon proposed location, which is in conflict with provisions of Section 24-157(c)(1); provides instructions via “correction report” for applicant to revise plans to either reduce height of fence to four (4) feet in same location – on property line – or set proposed six (6) foot high fence in ten (10) feet from the northern (Seaspray Avenue) property line. Correction Report is provided to applicant (Pence). Property owner Karen Bernstein comes to City Hall to discuss the denial with Planning & Zoning staff. She is told that staff can only approve a proposed fence that is compliant with the provisions of Section 24-157, as detailed in the “correction report”. Believing Ms. Bernstein understands and is in agreement with the requirements to either reduce the fence height to four (4) feet on the property line, or set the six (6) foot high fence in ten (10) feet from the property line, Planning & Zoning staff approves the application. FEBRUARY 22, 2013 Public Works approves the application. FEBRUARY 25, 2013 Public Utilities approves the application. MARCH 5, 2013 Building Permit 13-00002165 – to construct a six (6) foot high fence – is issued by the Building Department. MID-MAY 2013 Code Enforcement receives a complaint regarding height/location of fence. 4 July 16, 2013 Community Development Board 5 PROPERTY ADDITION View of 298 Pine Street from the northeast corner, after installation of six (6) foot high fence approximately on northern (Seaspray Avenue) property line. Staff photo taken on June 25, 2013. 5 July 16, 2013 Community Development Board 6 PROPERTY ADDITION View of 298 Pine Street from the northwest corner, after installation of six (6) foot high fence approximately on northern (Seaspray Avenue) property line. Staff photo taken on June 25, 2013. 6