1946 Beachside Court ZVAR18-0020 PresentationRequest for a variance as permitted by Section 24-64, to increase the maximum length allowed for a privacy screen/wall and to decrease the required side yard setbacks for a privacy screen
/wall from 15 feet to 0 feet.
ZVAR18-0020
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Site Context and Detail
1946 Beachside Court
Between 18th & 19th Streets, east of Seminole Rd
Single family home
Backs up to townhomes along Seminole Rd
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Site Context and Detail
Stop Work Order for replacing fence without a permit in May, 2018. Lattice was added to fence at this time.
Permit submitted for 6 foot fence with 2 feet of lattice and denied later that month.
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Proposed Plan
Request to keep 6 foot fence with 2 feet of lattice attached along rear lot line and part of both side lot lines (see green area below)
Roughly 106 total linear feet of 6 foot fence with lattice
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Need for a Variance
Maximum 6 foot fence height in rear and side yards
Lattice considered extension of fence, resulting in 8 foot height
Sec. 24-157(d) allows structures intended primarily for creating privacy
Maximum length of 12 feet and max height of 8 feet
Subject to required side yard setbacks (15’ combined)
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Sec. 24-157(d)
Structures similar to fences. Vertical structures such as trellises, screens, partitions or walls, that are intended primarily for the purpose of creating privacy for a back yard or
an exterior deck, as opposed to a fence which encloses or separates land, and constructed of any type of material shall be limited to maximum length of twelve (12) feet and a height
of eight (8) feet above the deck or the established grade of the lot where such structure is placed,…any such structure shall not be located within the required front yard of a lot
and shall be subject to the applicable required side yard setback.
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Analysis and Concerns
Fence vs vertical structure intended for privacy
Staff considered it as an 8 foot fence, applicant considers it as a privacy screen
Privacy structures limited to 12 feet in length (~106 feet proposed)
Required side yard setbacks for SF homes in RG-M zoning district are combined 15 feet with 5 foot minimum on either side (0 foot side yard setbacks proposed)
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Grounds for Decision
APPROVAL- existence of one or more of the following
DENIAL- adverse impact on one or more of the following
Exceptional topographic conditions of or near the property.
Surrounding conditions or circumstances impacting the property disparately from nearby properties.
Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
Onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property.
Irregular shape of the property warranting special consideration.
Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property.
Light and air to adjacent properties.
Congestion of streets.
Public safety, including risk of fire, flood, crime or other threats to public safety.
Established property values.
The aesthetic environment of the community.
The natural environment of the community, including Environmentally Sensitive Areas, wildlife habitat, protected trees or other significant environmental resources.
The general health, welfare or beauty of the community.
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