04-23-1991 Public Hearing and Regular Meeting ZBOA

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SPECIAL EXCEPTION REQUEST 91-003 Requested For: 3219 Canada Road (See Exhibit A) Leaal Description: Lot 10 out of Tract 11-A in Lot 6 of the W. B. Root Subdivision, W. M. Jones Survey, Abstract 482. Zonina: R-1, Low Density Residential Requested By: Mr. Walter R. Richerson, Owner Requested Relief: A special exception to the twenty five (25) foot front setback requirement of Ordinance 1501, Section 5-700, Table B. The purpose of the exception, which is being requested under the provisions of Section 11-605; is to allow construction of a residential front yard fence. Backaround: Mr. Richerson, the applicant, has erected a front yard fence at his home on Canada Street. The fence is constructed of six (6) foot galvanized chainlink. It was erected without a permit and without the City's knowledge. After discovering the fence, the City informed Mr. Richerson that the portion (of the fence) which encroaches into the front yard setback area would have to be removed. The applicant was told to remove the fence based on the requirements of Zoning Ordinance Section 10-501. This section, in part, states: "No fences, structures, grading or barrier hedges shall be permitted within any front yard area...." The applicant is requesting a special exception to allow the fence to remain in place. The exception is being requested under the provisions of Section ll-605.2.b.l. This section permits the Board of Adjustment to consider: Any exception from the front yard requirements where the actual front yard setback of any abutting lot does not meet the front yard [setback] requirement. Should the Board find that a request meets the criteria of the preceding paragraph, it is empowered to grant relief so long as granting the exception "will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest (Section 11-605.2)."