Action Summary:
title
PZ25-023 Special Use Approval - Front Yard Fence in residential zoning district. Application for decorative, wrought iron fence in front yard at 4026 Mobley Drive, connecting to adjoining properties and located within 6 feet of the right of way and within the applicable setback.
MIT
MIT Supported - Mark All Applicable
☐ Critical Staffing Needs (staffing shortages, retention)
☐ Financial Stability/Sustainability (diverse tax base)
☐ Safety & Protecting Community (code enforcement, stormwater)
☐ Commercial Development
☐ Downtown Development
☐ Tourism (increase share; museum should equitably represent community; events)
☐ Downtown Parking (address parking needs)
☐ Youth Program/Council (community center for youth and seniors; learning gap)
☐ Prepare for Growth and Development (infrastructure in place; annexation; curb cuts; recycling, signage)
staffnotes
Staff Notes
Background:
Under the Unified Development Code, fences in the front yards in residential districts require Special Use Approval. A fence may not be constructed in a public right-of-way, but project entrance monuments may be placed partially within the right-of-way of a local public or private street if approved by the community development director and public works director as not posing a visibility or other public hazard. Additionally, when gates for vehicular access are required or proposed, said gates shall not be located closer than 25' of a public street or road right-of-way, to ensure safe ingress and egress.
For residential infill development, which exists here, decorative fences should be constructed of consistent and high quality materials to create a coordinated appearance. If permitted in front yard the fence should be at least 50% transparent. The preferred fence composition is wood or wrought iron. Aluminum picket painted black is acceptable, and the design of the fence is required to be compatible with the architecture of hte
Fence height in the front yard is limited to 3 feet with column permitted at 10 feet. Variances are required for other heights.
The applicant proposes a decorative, wrought iron fence, 6 feet in height, in the front yard of his property that connects to the adjoining property fences (including the city’s) and includes a gate that is partially located in the right of way. The applicant’s property fronts Mobley Drive, which is public right of way intersecting Atlanta Street immediately adjacent to the Ford Center campus.
As required by the Unified Development Code, the applicant has submitted an application for Special Use Approval for the fence in the front yard and an application for Variance for fence height and location. The Variance Application is considered in a separate zoning case and report.
The applicant proposes the fence to keep deer from entering his property and to provide an aesthetic appearance.
The standards for special use approval are:
(a) Whether the proposed special use is consistent with the stated purpose of the zoning district in which it will be located;
(b) Whether the establishment of the special use will impede the normal and orderly development of surrounding property for uses predominate in the area;
(c) Whether the location and character of the proposed special use are consistent with a desirable pattern of development in general;
(d) Whether the type of street providing access to the use is or will be adequate to serve the proposed special use;
(e) Whether access into and out of the property is or will be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles;
(f) Whether public facilities such as schools, water or sewer utilities, and police or fire protection are or will be adequate to serve the special use;
(g) Whether refuse, service, parking and loading areas on the property will be located or screened to protect other properties in the area from such adverse effects as noise, light, glare or odor;
(h) Whether the hours and manner of operation of the special use will have adverse effects on other properties in the area; and
(i) Whether the height, size or location of the buildings or other structures on the property are or will be compatible with the height, size or location of buildings or other structures on neighboring properties.
Staff findings and analysis:
The property’s unique conditions create challenges for security and privacy under the current height limit. The proposed fence is decorative and at least 50% open, preserving sight lines and aesthetics. Increased height enhances security without obstructing visibility.
The request meets the intent of the zoning ordinance while addressing unique property conditions. The proposed fence design minimizes visual impact and maintains neighborhood character. No adverse impact on adjacent properties or public safety is anticipated.
Staff recommends approval of the Special Use application, subject to the conditions listed below:
Recommended Conditions
• Fence must remain decorative and at least 50% open.
• Maximum height limited to [insert approved height].
• Obtain all necessary permits prior to installation.