5-10-17 ZA AGENDA PACKET - Laserfiche WebLink

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Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. There are special circumstances applicable to the subject property where the strict interpretation of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of the zoning code. The subject site is a corner lot with the house and garage located in the rear (northwest) of the lot on a street with large setbacks thereby significantly reducing the size of private backyard area. The purpose and intent of the code requirement is to prevent a “fortress-like” appearance in residential areas; however, the size and scale of this historic Italian Renaissance style of residence is large thereby making a typical three-foot tall front yard fence appear miniscule in comparison. The five-foot tall fence would complement the size and scale of this of structure. B. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The approval of this minor exception maintains the rights of the property owners to utilize their property as other residential property owners to have a private and secure usable yard area. Since the subject lot is a corner lot, the fence is required to be constructed ten feet in from the side yard property line which would not optimize the private and secure usable area. The fence is proposed to be built in four feet from the side lot line so as to maintain the pedestrian scale. C. That the granting of a minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The project will not be materially detrimental to the public welfare as the proposed front yard fence/wall will be designed to complement the historic residence in terms of material and style. Further, the view of the historic landmark residence will not be obstructed due to it being constructed at a higher grade than the sidewalk. Side yard fences are allowed to be up to eight feet in height; however, the applicant proposes five feet in height to maintain the pedestrian scale. The four-foot landscape buffer in front of the proposed front yard fence will soften the edges of the fence and maintain the residential nature of the site. The portion of fence on the northern side of the property will be tapered so as not to be injurious or detrimental to the neighboring site. EXHIBIT 10