08-27-1992 Public Hearing and Regular Meeting ZBOA

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Page 2 of8 Zoning Board of Adjustment Minutes of August 27, 1992 IV. CONSIDER SPECIAL EXCEPTION REQUEST SE92-OO2. REQUESTED EXCEPTION SEEKS TO ALLOW THE HEIGHT OF AN EXISTING FRONT YARD FENCE LOCATED AT 9626 CARLOW LANE (LOT 310; BLOCK 18; SPENWICK PLACE, SECTION II) TO BE INCREASED TO 6 FEET 9 INCHES. Mr. Harrington briefed the Board regarding the Special Exception Request. This request, if granted, would allow the existing front yard fence to be increased to 6 feet, 9 inches. The location of the property is 9626 Carlow Lane. At some point in time, the fence was modified or reconstructed without a building permit. The matter was brought to staff's attention by a complaint. There is an existing cbainlink fence located on the applicant's property. The height of the fence is approximately 5 feet 6 inches. An aerial photograph of the Spenwick area (taken in 1984) indicates that some form of front yard fence has been located on this property since then. Prior to January 30 of this year, the applicants constructed a wooden fence along the west face of the property. It is located immediately adjacent to the original chainlink fence which is still in place. The new fence is between 6 feet, 9 inches and 7 feet in height. In February, 1992, the applicants were given notice, by certified mail, that they were in violation of City Ordinance for failing to obtain a building permit prior to erecting the fence and for erecting a fence that is taller than 6 feet, 6 inch maximum height allowed by the Zoning Ordinance. After failing to take action to correct the violation, the applicants were issued a municipal court citation, with court arraignment held on July 15. This request was filed subsequent to the hearing at which time the judge, during the hearing process, postponed any legal action until this case could be presented to the Board. The request 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. The applicant is not eligible to allow for a special exception to allow an increase in fence height in excess of 6 feet, 6 inches as measured from average adjacent ground. Staff found no basis of fact which would support granting the increased height and recommends the Board deny the request for the increased height.