Title
Public Hearing - File No. PVAI2024-0010
Location: 2331 Rusk Rd., located north of Tienken and east of Brewster Rd., Parcel No. 15-05-455-006, zoned R-1 One Family Residential
Request: The applicant is requesting a variance from Sec. 138-10.107 Fences, including 138-10.103 Corner Lots and 138-5.204 Corner Clearance by reference, which if permitted would allow for a proposed fence in the front yard (side street) setback. The plans submitted are for a 6 ft. high wood privacy fence located along a portion of the south property line and extending into the Hayfield Rd. frontage, and connecting to an aluminum wrought iron fence with a maximum height of 6 ft. located along the eastern property line along the Hayfield Rd. frontage. Sec. 138-10.107 states that in a residential district, fences not to exceed three feet in height shall be permitted within a required front yard setback or a side street yard setback; provided however that corner clearances provided in Sec. 138-5.204 have been met.
Body
Resolved, in the matter of File No. PVAI2024-0010, that the request for a variance of one (1) foot in total height for the privacy fence as located on the submitted drawings, from Section 138-10.107 Fences which requires a fence constructed in the front or side street yard setback not to exceed a total height of three (3) feet, in the R-1 One Family Residential zoning district, Parcel Identification Number 15-05-455-006, be APPROVED, because a practical difficulty does exist on the property as demonstrated in the record of proceedings and based on the following findings. With this variance, the property shall be considered by the City to be in conformity with the Zoning Ordinance for all future uses with respect to the setbacks for which this variance is granted.
1. Compliance with the strict letter of the Zoning Ordinance would prohibit the reasonable use of the property and will be unnecessarily burdensome.
2. Granting the variance will preserve a substantial property right for the applicant and thus substantial justice shall be done.
3. A lesser variance will not provide substantial relief, and would not be more consistent with justice to other property owners in the area.
4. There are unique circumstances of the property that necessitate granting the variance as described in the above criterion, since the proposed fence is not a privacy fence, will not impair clear vision areas on the lot, and the lot has excessive frontages of 192 feet and 180 feet along Rusk and Hayfield Roads respectively.
5. The granting of this variance would not be materially detrimental to the public welfare or existing or future neighboring uses.
6. Approval of the requested variance will not impair the supply of light and air to adjacent properties, increase congestion, increase the danger of fire, or impair established property values in the surrounding area.