06-25-1992 Public Hearing and Regular Meeting ZBOA

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Page 2 of 3 Zoning Board of Adjustment SE92-002 After failing to take action to correct the violation, the applicants were issued a municipal court citation. The court arraignment was held on July 15. This request was filed subsequent to the arraignment. Further court action will be based on the outcome of the Special Exception Hearing. Analysis: Section 11-605 of the Zoning Ordinance defines a Special Exception as a specifically enumerated deviation from the requirements of the Zoning Ordinance. The exception requested by the applicants is addressed by Ordinance Section 4-201.2 which states that a non-conforming structure (in this case, the front yard fence) can only be enlarged or extended in accordance with the provisions established for structures in the district which the non-conforming structure is located. This section also requires a Special Exception for the enlargement or extension of a non-conforming structure. The issue in this case is the enlargement (increase in height) of a non-conforming fence. Staff concurs with the applicant that the front yard fence is a legally pre-existing non-conforming structure and has no objection to an increase of fence height of up to 6 feet, 6 inches. To grant an exception for a taller fence would, however, be inappropriate. The maximum height allowed for any residential fence is 6 feet, 6 inches. To allow a taller fence in this case would be to grant a special privilege not available to other residential property owners in the City. Conclusion: The applicant is not eligible for a special exception to allow an increase in fence height in excess of 6 feet, 6 inches as measured from average adjacent ground. Recommendation: Based on the facts presented, staff recommends denial of any Special Exception which would allow a fence height in excess of 6 feet, 6 inches.