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Planning & Zoning Commission/ Local Planning Agency Minutes April 11, 2018 Page 4 Sixth Item of Business: BA 18-01: 311 Iris Road. A variance request of Article VII, Section 2-7.10(C)(1), to allow a fence within the front yard to exceed the maximum height 3 feet, located at 311 Iris Road. Parcel ID 16-21-30-5BS-0000-1770. Mr. Dean Fathelbab, Planner II, reviewed the information provided in his memorandum dated April 11, 2018. Mr. Fathelbab said the applicant is requesting to maintain a 6' wooden privacy fence within the front yard of Tulip Trail rather than the required 3' fence as provided in the ULDR's Section 2-7.10.C.1 in order to screen the adjacent commercial and vehicular traffic, lights, noise, and views. Mr. Fathelbab said on January 18, 2018, the Code Compliance Division sited the property for erecting a 6' wooden fence without a permit and was instructed to obtain a building permit. He said in response to the notice of violation, the applicant is requesting a variance for a 6' fence and to maintain the fence as constructed. Mr. Fathelbab said there was a 3' chain link fence on the property but based upon the applicant's variance response letter, the fence was inadequate to screen the subject project from the nuisances from the neighboring businesses and uses. Mr. Fathelbab said that there have been no noise complaints to the Police Department regarding Circuit Motorsports or Air Flow compound as of April 4, 2018. Mr. Fathelbab reviewed the variance criteria required to approve a variance. Mr. Fathelbab said the variance application meets five out of six criteria for granting the variance; therefore, staff would remain neutral on the variance request. He said if the Planning and Zoning Commission chooses to grant the front yard fence height and design variance, BA 18-01, for property located at 311 Iris Road, the motion should be based upon the Planning and Zoning Commission's findings of fact and conclusions, the staff report dated April 11, 2018, and the following three (3) conditions: 1. The front yard encroachment is exclusive to the existing 6' wooden privacy fence maintained approximately 25' in the front yard of Tulip Trail and extending approximately 48' along this property line. 2. A building permit shall be required. 3. All of the above conditions shall be fully and faithfully executed or the variance shall become null and void. In response to the Commission's question regarding staffs recommendation, Mr. Fathelbab said staff is remaining neutral due to the fact that the variance requests meets five of the six criteria for granting a variance.