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Case Number: |
A-16-122 |
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Applicant: |
Maria Garcia |
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Owner: |
Maria Garcia |
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Council District: |
1 |
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Location: |
129 Barrera |
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Legal Description: |
Lot S 90.54 feet of 8, Block 9, NCB 712 |
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Zoning: |
“RM-4 H AHOD” Residential Mixed Lavaca Historic Airport Hazard Overlay District |
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Case Manager: |
Shepard Beamon, Planner |
Request
A request for a special exception, as described in Section 35-514, to 1) allow a 6 foot tall stone privacy fence in a portion of a reverse corner lot and 2) a special exception, as described in Section 35-514, to allow a 4 foot tall stone privacy fence in another portion of the reverse corner lot and front yard of the property and 3) a variance from the Clear Vision requirement, as described in Section 35-514, to allow portions of the fence to be located in the Clear Vision area.
Executive Summary
The subject property is located at 129 Barrera Street at its intersection with Matagorda Street. The applicant is seeking a special exception to allow for taller privacy fencing in a portion of the front yard. The owner has not yet begun construction of the fence and the proposed construction of stone fencing has been reviewed by the Historic Design and Review Commission, receiving Conceptual Approval. The subject property is a reverse corner lot. See attachments for a diagram of a reverse corner lot.
Reverse corner lots are subject to two different front setback requirements. Though a portion of the fence is built behind the vertical plane of the façade of the dwelling it is still considered front yard fencing. The Unified Development Code permits solid screen fencing in the front yard up to three feet in height. The applicant needs a special exception to grant the six and four foot solid screen fencing. The applicant stated that they proposed expanding the fence into this reverse corner lot front yard for added safety and personal security.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“RM-4 H AHOD” Residential Mixed Lavaca Historic 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 |
“RM-4 H AHOD” Residential Mixed Lavaca Historic Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“RM-4 H AHOD” Residential Mixed Lavaca Historic Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“RM-4 H AHOD” Residential Mixed Lavaca Historic Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“RM-4 H AHOD” Residential Mixed Lavaca Historic Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Lavaca Neighborhood Plan and currently designated as Low Density Residential in the future land use component of the plan. The subject property is within the Lavaca Neighborhood Association. As such, the neighborhood association was notified and asked to comment.
According to Section 35-482(h) of the UDC, in order for a special exception to be granted, the 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 UDC allows fences higher than four (4) and six (6) feet tall as a special exception, authorized under certain circumstances in accordance with specific factors as described in this report. The owner has expressed concern of safety due to proximity to the downtown urban area. A four and six foot tall fence would add protection and potentially deter trespassing. Approval of the requested fence in the front yard of the reverse corner lot is in the harmony and spirit of the Unified Development Code.
B. The public welfare and convenience will be substantially served.
Constructing a four and six foot fence would not hinder surrounding property owners. Within the neighborhood, several properties have fencing for added protection and privacy.
C. The neighboring property will not be substantially injured by such proposed use.
The requested material and fence height should not create a risk for the neighboring property and will have very little interference with Clear Vision.
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.
The proposed fence will not detract from the character of the historic district. The request for a four and six foot stone fence was reviewed by the Historic Design Review Commission, receiving conceptual approval on June 1, 2016. The height and material of the proposed requests are in keeping with the neighborhood as there are existing homes with similar fencing.
E. The special exception will not weaken the general purpose of the district or the regulations herein established for the specific district.
The purpose of the single-family residential zoning districts is to encourage patterns of residential development that provide housing choices and a sense of community. Therefore, the requested special exception will not weaken the general purpose of the single-family district.
According to Section 35-482(e) of the UDC, in order for a variance to be granted for Clear Vision, the applicant must demonstrate all of the following:
1. The variance is not contrary to the public interest.
The public interest is defined as the general health, safety, and welfare of the public. In this case, the public interest is represented by the Clear Vision requirement to promote safe pedestrian and vehicular movement within the city. The applicant is seeking a variance to allow portions of the fencing to be in the clear vision field. Because so little of the proposed fence is located within that field, and because the applicant has ample room leaving the subject property to see oncoming traffic, staff finds that this request is not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The special condition is that the subject property is a corner lot and, as is common in this downtown community, a smaller lot. The 2015 Unified Development Code amendments included a provision that the clear vision field is measured 25 feet back from the curb, in a triangle, for street intersections, and 15 feet back from the curb for driveways and alleys.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
Granting the requested variances would result in substantial justice because it would allow the property owner to complete a fencing design that is in character with the neighborhood. Other properties in this community have similar fencing.
4. The variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located.
The requested variance will not authorize the operation of a use on the subject property other than those specifically permitted in the “RM-4 H AHOD” Residential Mixed Lavaca Historic Airport Hazard Overlay District.
5. Such variance will not substantially injure the appropriate use of adjacent conforming property or alter the essential character of the district in which the property is located.
Adjacent properties are unlikely to be negatively affected by the requested changes in that the they, too, will have ample room to view oncoming traffic while backing out of their property.
6. The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located.
The plight of the owner of the property is the result of a large clear vision field being applied to a small lot. This is not the fault of the owner, nor is it merely financial in nature.
Alternative to Applicant’s Request
The applicant would need to comply with the Unified Development Code standards for reverse corner lot fencing as well as the Clear Vision requirements.
Staff Recommendation
Staff recommends APPROVAL of the special exception and variance requests in A-16-122 based on the following findings of fact:
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1. The special exception would provide the property owner a greater sense of security. 2. The special exception would not conflict with the character of the neighborhood. 3. Only small portions of the fencing design conflict with the Clear Vision area. |