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Case Number: |
A-18-158 |
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Applicant: |
Abimael Gomez |
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Owner: |
Abimael Gomez |
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Council District: |
1 |
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Location: |
901 Delgado Street |
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Legal Description: |
The South 93 feet of Lot 22, NCB 2147 |
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Zoning: |
“MF-33 AHOD” Multi-Family Airport Hazard Overlay District |
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Case Manager: |
Debora Gonzalez, Senior Planner |
Request
A request for a special exception, as described in Section 35-514, to allow an 8’ solid screen fence along the rear property line.
Executive Summary
The subject property is located at 901 Delgado Street; the lot adjoins with two street intersections North Sabinas Street and Peche Street. There are two structures on this lot and the applicant is seeking a special exception to allow for an 8’ tall solid screen fence that will be separating both structures from each other; along the rear of the subject property. During visits to the site, staff was unable to identify any other fences within the community that are 8’ tall.
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Existing Zoning |
Existing Use |
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“MF-33 AHOD” Multi-Family Airport Hazard Overlay District |
Single-Family Dwelling |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“MF-33 AHOD” Multi-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“C-2 AHOD” Commercial Airport Hazard Overlay District |
Tire Shop |
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East |
“MF-33 AHOD” Multi-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“MF-33 AHOD” Multi-Family Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The subject property is not within the boundaries of a neighborhood plan. The subject property is located within the boundaries of the West End Hope in Action Neighborhood Association. As such, they were notified and asked to comment.
Street Classification
Delgado Street is classified as a Local Street.
Criteria for Review
According to Section 35-482(h) of the UDC, in order for special exception to be granted, Board of Adjustment must find that the request meets each of the five following conditions:
A. The special exception will be in harmony with the spirit and purpose of the chapter.
The spirit of the chapter is intended to provide for reasonable protections to property owners and to establish a sense of community within our neighborhoods. Staff was unable to identify other properties benefiting from an eight foot tall fence. Staff finds that the spirit of the chapter would be observed by establishing a 6’ tall fence around the back yard.
B. The public welfare and convenience will be substantially served.
Staff is unable to establish how the public would benefit from an 8’ tall fence. If the additional height was necessary for security reasons, then leaving the entire rear property line protected by a 6’ fence doesn’t solve the problem. Further, staff does not find that the introduction of an 8’ tall fence, especially one that will tie into a neighboring six foot tall fence, will benefit the public as it detracts from the consistency of fencing designs within the community.
C. The neighboring property will not be substantially injured by such proposed use.
Neighboring property may be harmed by the proposed fence as it will detract from the character of the community.
D. The special exception will not alter the essential character of the district and location in which the property for which the special exception is sought.
Staff was unable to identify other 8’ tall fences within the community. Many homes have 3’ tall fences in the front and 6’ tall fences in the side and rear. Allowing this one property to have an 8’ tall fence alters the essential character of the community in which it is located.
E. The special exception will not weaken the general purpose of the district or the regulations herein established for the specific district.
The property is located within the “MF-33 AHOD” Multi-Family Airport Hazard Overlay District and permits the current use. The fencing regulations are established to ensure consistency within our communities, and it is difficult to establish how granting the requested special exceptions will not weaken that purpose.
Alternative to Applicant’s Request
The applicant would need to adhere to the permitted fence heights as described in Section 35-514.
Staff Recommendation
Staff recommends DENIAL of special exception in A-18-158 based on the following findings of fact:
1. The request does not observe the spirit of the ordinance, and;
2. The applicant could modify the fence to 6’ to be consistent with neighboring properties.