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Gibbons Variance Request - 1705 Derdall Drive - Construct a six foot tall fence ten feet from west front lot line.
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Summary:
The applicant is seeking a variance to construct a six foot tall privacy fence ten feet from the west front property line. The ordinance allows a maximum of a four foot tall privacy fence when located within the front yard setback.
Background:
The property is located in a R-1B zoning district which has a 30 foot front yard setback. The property is a corner lot located on Derdall Drive and 17th Avenue. The address and garage access faces Derdall Drive to the south. The ordinance allows an exception for a six foot tall privacy fence on a double frontage lot provided it is not a corner lot.
Variance Criteria:
1. Due to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and the variance shall not violate the spirit of the ordinance and substantial justice may be achieved as a result of the variance.
Corner lots have two front yards according to the zoning regulations. This is a condition at every intersection whereby the abutting properties have two front yards.
2. Unique circumstances apply to the property which do not apply to other properties in the same vicinity or district.
Corner lots provide a unique circumstance that interior lots in the same neighborhood do not experience with have two front yards. In the R-1B District, the front yard setback is 30 feet, which limits the buildable area for the primary structure, but also limits the location of accessory structures and fences.
3. The variance is necessary for the preservation of a property right that is substantially the same as that possessed by other owners of other property in the same district.
The applicant can maintain the residential use of the property without the variance. However, the property south of the applicant at 1702 Derdall Dr. does have a privacy fence extending from t...
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