Case 2031 Applicant: Kenlan Development – Oxford, LLC. Owner

Case 2031
Applicant:
Kenlan Development – Oxford, LLC.
Owner:
Kenlan Development – Oxford, LLC.
Request:
Variance from Section 126.04
Location:
Sisk Avenue and Commonwealth Boulevard and further identified as PPIN
#26631
Zoning:
(PUD) Planned Unit Development
Zoning History: Zoning established in 2004
Surrounding Zoning:
North: (PUD) Planned Unit Development
South: (PUD) Planned Unit Development
East: (PUD) Planned Unit Development
West: (PUD) Planned Unit Development
Planner’s Comments: The subject property is located in the commercial area of Oxford
Commons at the intersection of Sisk Avenue and Commonwealth Boulevard. The stormwater is
located on the southwest corner of lot 4. The pond is currently 1.67 acres in size as measured from
the top of the bank. The request is for 3.5-foot variance from Section 126.04 to enable a six-foot
high fence around the stormwater pond. Please find below for your reference Section 126.04:
126.04 Fences, walls and hedges. Notwithstanding other provisions of this ordinance, fences,
walls and hedges may be permitted in any required yard, or along the edge of any yard,
provided that no fence, wall, or hedge along the sides or edge of any yard which fronts upon
a public street shall be over 2½ feet in height.
1
A variance request may be granted under the terms of the Ordinance after the applicant can
demonstrate the following:
a. That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable in to other lands,
structures, or buildings in the same district;
b. That literal interpretation of the provisions of this ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same district under
the terms of this ordinance;
c. That the special conditions and circumstances do not result from the actions of the
applicant; and
d. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other lands, structures, or buildings in the
same district.
Recommendation: Staff recommends the approval of the requested fence height variance with
the following condition:
1. Because a fence is required around the pond, provide a six-foot high vinyl coated chain
link fence surrounded by a four-foot evergreen hedge at installation, or a six-foot high
ornamental metal fence surrounded by four-foot evergreen hedge at installation to be
approved by the Planning Department.
2