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TO: Zoning Board of Appeals
FROM: Steve Broadwell, Planner
DATE: September 21, 2018
SUBJECT: Title
Authorized Variance for fence height and location requirements, pursuant to Section 10.5-5.3 and Section 7.3-3.7 of the Aurora Zoning Ordinance, for the property located at 696 Sheridan Street, to allow for the permitted height of a solid fence in the Front Yard to be increased from three feet to six feet (Claudia Rubio - 18-0695 / AU14/3-18.118-V - SB - Ward 1) (PUBLIC HEARING)
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PURPOSE:
The Petitioner, Claudia Rubio, is requesting approval of a fence Variance for the property located at 696 Sheridan Street. The requested Variance is pursuant to the following sections in the Aurora Zoning Ordinance: 10.5-5.3, to increase the height of any fence but not to exceed seven (7) feet; and Section 7.3-3.7, to allow for a solid six (6) foot tall fence in the Front Yard.
BACKGROUND:
The subject property is zoned R-2, One Family Dwelling District. The property is considered a Corner Lot by the Aurora Zoning Ordinance, as its front door faces towards Sheridan Street. The existing width of the lot is fifty-three (53) feet, which is less than minimum requirement of sixty (60) feet. The property is therefore considered a legal nonconforming lot. Additional information on the legislative history of the property can be found in the attached Property Research Sheet.
DISCUSSION:
The Petitioner applied for a fence permit on May 22, 2017, and which indicated a solid, six (6) foot tall fence in the Front Yard of the property. Per the Aurora Zoning Ordinance, the maximum height of a solid fence within the Front Yard of a residential property is three (3) feet. This permit was reviewed on May 24, 2017, and placed on hold for revisions for it to be brought into compliance with the Aurora Zoning Ordinance's standards. The permit was never revised and has not been approved.
A Zoning Violation was issued by the City of Aurora on October 2, 2017 for a solid, six (6) foot tall fence in the property’s Front Yard, as indicated on the submitted permit.
The Petitioner has shown a concern that the maximum permitted height and location of a solid fence in the Front Yard is not sufficient to protect their family from the threat of crime in the neighborhood, and to also keep loose trash in the neighborhood from entering the yard, which is already limited in size based on the property’s two street frontages and narrow width.
Therefore, the Petitioner is requesting this Variance with the intent that it will provide relief from the hardships caused by external conditions in the neighborhood, as well as the unique status of the lot as a narrow Corner Lot. Staff does recognize the unique nature of the corner lot in that the only real yard space is on the south side of the house where the fence was placed. In addition, the extension into the front yard is only 12 feet.
With an Authorized Variance, the Zoning Board of Appeals is the final vote
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, Staff has not received public inquiries regarding this petition.
POLICIES AND GUIDELINES:
The Staff's Evaluation is based on the following Physical Development Policies:
22.1 (1): To achieve appropriate zoning protection for residential areas designated
in the land use plan.
22.1 (5): To recognize the unique characteristics of individual neighborhoods and
promote their positive attributes.
22.1 (6): To cooperate with, and support the establishment and development of,
neighborhood improvement and conservation groups seeking to improve
their living environment.
RECOMMENDATIONS:
Staff does not provide recommendations for Variances. Because of the Petitioner's concern for the well-being of their family, conditions in the surrounding neighborhood, and the combination of the lot's two street frontages and narrow width, Staff believes that the hardship encountered by the Petitioner, as detailed in this Staff Report, is valid.
ATTACHMENTS:
Exhibit "A" Legal Description
Plat of Survey
Fence Permit 17-2623 - 2017-05-22
Fence Photographs - 2018-03-27
Property Research Sheet
Land Use Petition with Supporting Documents
Legistar History Report
Legistar Number: 18-0695
cc: Edward T. Sieben, Zoning Administrator
John Curley, Chief Development Services Officer