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TO: Zoning Board of Appeals
FROM: Steve Broadwell, Planner
DATE: September 14, 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 at 1560 South Hampton Drive, to allow for the maximum permitted height of an open fence in the Exterior Rear Yard of a Reverse Corner Lot to be increased from four feet to five feet eight inches (Kheyriya Mukhamedova - 18-0660 / AU17/1-17.173-V - SB - Ward 5) (PUBLIC HEARING)
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PURPOSE:
The Petitioner, Kheyriya Mukhamedova, is requesting approval of a fence Variance for the property located at 1560 South Hampton Drive. The requested Variance is pursuant to the following sections in the Aurora Zoning Ordinance: Section 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 five foot eight inch (5'-8") tall fence in the Exterior Rear Yard of a Reverse Corner lot.
BACKGROUND:
The Subject Property is zoned R-1(S), One Family Dwelling District for a Special Use Planned Development. It is located in Unit 2 of the Kensington Lakes subdivision. The property is considered a Reverse Corner Lot by the Aurora Zoning Ordinance in that part of this lot's rear yard is adjacent to the neighbor's front yard. 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 April 16, 2015. The permit was issued on April 21, 2015 The permit indicated a solid, six (6) foot tall wood fence in the Interior Rear Yard of this property as permitted by the Aurora Zoning Ordinance. This permit was issued. The fence that was built, however, is an open, wrought iron fence that is approximately five feet, eight inches (5’-8"), and is located in the Exterior Rear Yard along the driveway and sidewalk on Westgate Drive. It needs to be set back thirty (30) feet, a distance that is equal to the neighbor's front setback line, if over four (4) feet tall. Per the Aurora Zoning Ordinance, the maximum permitted height of an open fence in the Exterior Rear Yard of a Reverse Corner Lot is four (4) feet. The existing fence is in violation of the Aurora Zoning Ordinance and does not match the approved permit.
A separate review process for this fence was conducted by the Kensington Lakes Homeowner’s Association. The existing fence is also in violation of the Homeowner Association’s standards. Following a board meeting on June 18, 2018, the Homeowner Association denied a request to allow the fence to remain.
The Petitioner has shown a concern that the maximum permitted height and location of an open fence of four (4) feet on this Reverse Corner Lot’s Exterior Rear Yard is not sufficient enough to prevent their dog from escaping into the neighborhood, and also that parts of the existing garden in the Exterior Rear Yard would have to be removed per the existing requirements. Therefore, the Petitioner is requesting this Variance with the intent that it will have no negative impact on the neighboring properties.
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 and Recommendation are 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. However, the fence was not built as it was reviewed and approved with the permit, and its current height and location do not comply with the standards required by the Aurora Zoning Ordinance or applicable standards per the neighborhood Homeowner Association. Staff has required that the issue to be worked out with the HOA, but to no avail as the HOA has denied the request. Staff has also received complaints on the fence.
ATTACHMENTS:
Exhibit “A” Legal Description
Permit 15-1251 - 2015-04-21
Existing Fence Photographs - 2016-12-06
HOA Denial Letter - 2018-06-19
Plat of Survey
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 18-0660
cc: Edward T. Sieben, Zoning Administrator
John Curley, Chief Development Services Officer