D-1 C15-2021-0057 PRESENTATION — original pdf

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We are seeking a variance from Section 25-2-899(D) (Fences as Accessory Uses) to exceed the average height of six (6) feet or a maximum of seven (7) feet for a solid fence construction along the property line in order to maintain a seven (7) foot tall masonry, wood & steel fence along Bluebonnet & Peach Tree Streets. REASONABLE USE The zoning regulations applicable to the property do not allow for a reasonable use because: ADJOING PROPERTY IS THE RIGHT-OF-WAY (NO CONSENT), TOPOGRPAHY OF PROPERTY RANGES 2FT. COMMERICAL PROPERTY ACROSS BLUEBONNET. FENCE DOES NOT EXCEED 7FT AT ANY POINT. HARDSHIP The hardship for which the variance is requested is unique to the property in that: ADJOING PROPERTY IS THE RIGHT-OF-WAY (NO CONSENT), TOPOGRAPHY OF PROPERTY RANGES 2FT. COMMERICAL PROPERTY ACROSS BLUEBONNET. FENCE DOES NOT EXCEED 7FT AT ANY POINT. The hardship is not general to the area in which the property is located because: ADJOINING PROPERTY IS THE RIGHT-OF-WAY (NO CONSENT), TOPOGRAPHY OF PROPERTY RANGES 2FT. COMMERICAL PROPERTY ACROSS BLUEBONNET. FENCE DOES NOT EXCEED 7FT AT ANY POINT. AREA CHARACTER The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: SIMILAR TYPE FENCING EXISTS ON PROPERTIES ALONG BLUEBONNET STREET. ADJOING PROPERTY IS THE RIGHT-OF-WAY (NO CONSENT), TOPOGRPAHY OF PROPERTY RANGES 2FT. COMMERICAL PROPERTY ACROSS BLUEBONNET. FENCE DOES NOT EXCEED 7FT AT ANY POINT. D-1/1-PRESENTATION§ 25-2-899 FENCES AS ACCESSORY USES. (A) Except as otherwise provided in this chapter, a fence: (B) is permitted as an accessory use in any zoning district; and (1) (2) must comply with the requirements of this section. In this section: (1) (2) The height restrictions of this section do not apply to an ornamental fence. an ornamental fence is a fence with an open design that has a ratio of solid material to open space of not more than one to four; and a solid fence is a fence other than an ornamental fence. (C) (D) Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed an average height of six feet or a maximum height of seven feet. (E) A solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files a written consent to the construction of the fence with the building official, and: (1) (2) there is a change in grade of at least two feet within 50 feet of the boundary between adjoining properties; or a structure, including a telephone junction box, exists that is reasonably likely to enable a child to climb over a six foot fence and gain access to a hazardous situation, including a swimming pool. (F) A solid fence may be constructed to a maximum of eight feet in height if the fence is located on or within the building setback lines. (G) a solid fence may be constructed to a height of eight feet if the fence is located between a residential use and: (1) property zoned as a commercial or industrial base district; (2) property used for a commercial or industrial use; or an alley that separates a residential use and: (3) (a) (b) property used for a commercial or industrial use. property zoned as a commercial or industrial base district; or R105.2 Work exempt from permit. A permit is not required for the work described in this provision. Work exempt from a permit must still comply with the Residential Code and all other applicable laws and City Code requirements. 2. Unless located within a flood hazard area, a fence that is not over 8 feet (2438 mm) high. D-1/2-PRESENTATION D-1/3-PRESENTATIOND-1/4-PRESENTATION D-1/5-PRESENTATION VIEW ALONG PEACH TREE @ 2000 PEACHTREE (SUBJECT PROPERTY) D-1/6-PRESENTATIONVIEW ALONG PEACH TREE @ 2000 PEACHTREE (SUBJECT PROPERTY) D-1/7-PRESENTATION VIEW ALONG BLUEBONNET @ 2000 PEACHTREE (SUBJECT PROPERTY) D-1/8-PRESENTATIONNEIGHBORHOOD EXAMPLE D-1/9-PRESENTATION NEIGHBORHOOD EXAMPLE D-1/10-PRESENTATIONNEIGHBORHOOD EXAMPLE D-1/11-PRESENTATIONNEIGHBORHOOD EXAMPLE D-1/12-PRESENTATIONNEIGHBORHOOD EXAMPLE D-1/13-PRESENTATIOND-1/14-PRESENTATION