BOARD OF ZONING APPEALS

CITY HALL, 100 LOCKVILLE ROAD

THURSDAY, JUNE 23, 2011

 

PUBLIC HEARING

7:00 P.M.

 

 

1.         CALL TO ORDER:  Mr. Wells called the public hearing to order at 7:00 P.M. with the following members present:  Mr. Wright, Mr. Allen, Mr. Wells, and Mr. Cline.  Mr. Linek was absent.  Others present were Joe Henderson, Karen Risher, and Larry Fish.

 

2.         APPROVAL OF MINUTES OF May 26, 2011. Mr. Wells stated this would be on next months agenda for approval as the minutes were erroneously omitted from the Board members packets. 

 

3.         SCHEDULED MATTERS:

 

            A.        Review and request for a motion to approve a front yard building setback variance for a fence at 440 West Columbus Street (Manor House Estates).  Mr. Henderson reviewed the report provided to the Board members and stated that the applicant’s house is on a corner lot and by code has two front yards.  The owner is proposing to build a six feet high white lattice top privacy fence that would encompass the back yard.  It is currently fenced off to enclose an existing pool and the owner would like the ability to utilize the additional section of the yard by enclosing it.  The proposed modifications to the fence will encroach into the 30 feet front yard setback along the eastern side of the property along Fair Oaks Lane.  The applicant is requesting a variance to reduce the front yard setback from 30 feet to approximately four feet along Fair Oaks Lane.  Mr. Henderson further stated this property is zoned R4 and it appears that the house is 30 feet away from the property line along Fair Oaks Lane.  The proposed fence would protrude 26 feet into the eastern front yard setback. There is an existing shrubbery and tree line along Fair Oaks Lane and the fence would be located inside of the shrubs and trees. The fence would be approximately one foot from the sidewalk. Traditionally there is a three to four foot sidewalk. This property has a ten foot wide tree lawn between Fair Oaks Lane and the applicant’s property line and that is a bigger right-of-way compared to a traditional neighborhood where the tree lawn is approximately two feet wide.  Staff supports the front yard setback variance request for the fence that complies with the minimum zoning code requirements and the following condition:

 

            1.         That the front yard setback for the fence shall be reduced from 30 feet to four feet along Fair Oaks Lane.

 

Mr. Wright clarified that the fence will match the existing white fence. After being duly sworn, Mr. Larry Fish stated that this would be PVC fencing. Mr. Cline clarified that the cedar fencing seen in one of the photos would be coming down.  Mr. Henderson stated that was the original fence that was installed when Mr. Fish purchased the house.  Mr. Fish stated he replaced some of the fence that had rotted out. Mr. Henderson clarified the new fence would match the existing white fence.  Mr. Fish stated they would like to fence this area so they can get better use of their side yard.  Mr. Wright clarified that a variance is not needed for the height of the fence.  Mr. Henderson stated there is not a maximum height requirement, however, any fence over six feet high is required to get a building permit so that a footer inspection can be done  Mr. Wells clarified that the adjoining property owners have been notified.  Mr. Henderson stated certified letters were sent to advise them of tonight’s meeting.

 

Mr. Allen move to approve the front yard setback variance for the fence be reduced from 30 feet to four feet along Fair Oaks Lane; Mr. Wells seconded the motion.  Roll call was taken with Mr. Wright, Mr. Cline, Mr. Allen, and Mr. Wells voting “Yes”.  Motion passed, 4-0.

 

4.         OTHER BUSINESS:  Mr. Henderson stated there will likely be one item for next month’s agenda.  The application has not yet been submitted but he has been working with the resident and it appears it will be submitted shortly. Mr. Cline clarified that the meeting date for next month will be during the Violet Festival. Mr. Henderson clarified that it appears the best date for the Board members will be August 4, 2011. 

 

Mr. Wright moved that the July BZA meeting be rescheduled to August 4, 2011; Mr. Wells seconded the motion.  Roll call was taken with Mr. Wright, Mr. Cline, Mr. Wells, and Mr. Allen voting “Yes”.  Motion passed, 4-0.

 

5.         ADJOURNMENT.  There being nothing further, Mr. Wright to adjourn; Mr. Wells seconded the motion. Roll call was taken with Mr. Allen, Mr. Cline, Mr. Wells, and Mr. Wright voting “AYE”.  Motion carried 3-0.The Board of Zoning Appeals meeting adjourned at 7:24 P.M. on June 23, 2011.

 

RESPECTFULLY SUBMITTED:

 

 

____________________________

Karen I. Risher, Deputy City Clerk

 

ATTEST:

 

 

____________________________

Joseph P. Henderson, City Planner