03-23-95 Regular Meeing and Public Hearing

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Page 3 of 4 Board of Adjustment Staff Report of 7-6-95 #A95-002 The one acre, large lot designation contained in the Zoning Ordinance does not solely deal with fencing. Homesites falling into the large lot category may also be used to house limited amounts of livestock. Large accessory buildings (up to 2000 sq. ft.) maybe located on large lot residential homesites. The decision to establish one acre as a threshold for these types of activities was not arbitrary, but was based on research into building code requirements (fire separation for agricultural buildings) and inquiries to the State's Agricultural Extension Service (environmental impact of livestock densities). Staff would therefore contend that the ordinance does establish a reasonable standard. As specifically applied to this request however, a strict, narrow interpretation may not be reasonable based upon the following considerations: As originally platted, the Coronet Estates Subdivision was comprised of multi-acre lots and intended for the development of "urban ranchettes". (See Exhibit B) When lot 7 was replatted, it may have been the intent of the developer to preserve the large lot designation of lots 7A, 7B, and 7C. If so, this intent was not communicated to the City. Therefore, as these lots satisfy all requirements for normal residential homesites, the replat was approved as presented. Strict interpretation of the ordinance, serves to place restrictions on this property that would tend to preclude the ranchette character apparently intended by the developer and available to neighboring properties. The homesite is close enough to one acre in size to function in the manner intended by the developer and homeowner while still being maintained in a condition that complies with other applicable City Ordinances. As constructed the fence is primarily an architectural embellishment for the homesite. It complies with applicable regulations regarding fence height and construction materials. Based on these factors, staff feels the first of the ordinance criteria has been satisfied. The second of the criteria to be considered is that of special privilege being granted to the subject tract. As noted in the preceding paragraphs, other similarly situated properties in and near Coronet Estates were developed and or platted to function as urban ranchettes. These properties are eligible for front yard fencing. A number of homes on Robinson Road and other nearby streets have front yard fences. Rejecting this appeal would actually have the effect of denying a privilege to this homesite that is available to other similarly situated properties. Based on these considerations, staff feels that this criteria has also been satisfied.