HomeMy WebLinkAboutPre-Hearing Staff Analysis PA82-008 Marra Fence Heigh Variance
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FROM:
SUBJECT:
Planning Directo~.
Fence Height Var~a~~~ ~ Daniel Marra
GENERAL INFORMATION
Subject: Variance PA 82-008 Marra Fence
App1 icant: Daniel Marra ..~ - .
Property Owner: Daniel Marra - .. ... -. .
Project Location: 8316 Locust Place,' Dublfn. APN 941-2753-048
Zoning: P.D. - Planned Development, 'Zoning Unit 1384
EIR Status: Categoricllly Exenip(, :Class 5
Applicable Regulations:
Section 8-93.0 Variances discu~~es~~he precise legal basis upon which a variance may be
granted. Each of the following findings must be answered in the affirmative in order
to grant a vari .ance: 1) that:tJie~e ~re special circumstances including size, shape,
topography, location or surrou~d~~~s, applicable to the property which deprive the
property of privileges enjoyedpy'pther property in the vicinity under the identical
zoning classification. 2) that .~he9ranting of the application will not constitute a
grant of special privileges in~onsist~nt with the limitations upon other properties in
the vicinity and zone. 3) that the granting of the application will n~t be detrimental
to persons or property in the neighborhood or to the public welfare.
Section 8-60.55 limits fences i~ r~ar yards to a maximum of 6 feet in height.
Background:
Mr. Marra is requesting that a variance be approved which will allow an existing fence
6' 7" high to remain along his 'rear property line. The fence is 37' long and was
constructed to provide some ad~i~{o~al .privacy from the neighbors to the rear of the
subject property. Mr. Marra states in his application that his neighbors do not object
to the fence. . . --' .
ANALYSIS
The fence in question is of wood construction and it is compatible in design to adjacent
fences. It projectw approximatel)' l8" above the side yard fences. It is not visible
from the public right-of-way. Some-additional privacy is gained due to the increase in
fence hei ght from the ground l_e~~r. .
Findings:
Given that the fence has already .b.een built, is only slightly higher than permitted by
the Zoning Ordinance, and no neighbors object to it, there is some justification for
granting the variance. C1earlJ' 'such an approval should not be seen as precedent setting
and it is not i ntended toenco~ra.gepeop 1 e to extend the hei ght of thei r fences.
Regarding the findings as stated in Section 8-99.0 of the Zoning Ordinance, the
following statements are made:
1. The proximity of the houses and the location of their windows and yards encourages
the use of fences to provide visual privacy for ground floor activities.
2. The fence in question was built and designed as a single unit and does not include
add-on material which would make ~it inconsistent with the design of the neighboring
fences.
3. Based on the neighbors support, it is assumed that the granting of the variance
is not seen as a special privilege and that it will not result in similar requests.
4. The design, location, and height of the fence will not detrimentally affect
neigh~ors ~r neighboring property.
R~COMMENDATiaN:
Grant the variance subject to the condition that Mr. Marra submit a signed statement that
his adjacent neighbors are in agreement with his request. This statement shall be
submitted to the Dublin Planning Department within 1mmonth. Fai1ur'et~ do so will result
in the requirement that the subject fence be reduced to a maximum height of 6' a".
Attachments: Site Plan
Tract Map