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Case Number: |
A-16-129 |
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Applicant: |
Any Baby Can of San Antonio, Inc. |
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Owner: |
Any Baby Can of San Antonio, Inc. |
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Council District: |
1 |
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Location: |
217 Howard Street |
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Legal Description: |
Lot 14, Block 3, NCB 771 |
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Zoning: |
“C-2 AHOD” Commercial 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 allow an eight foot wood privacy fence in the rear yard of the property.
Executive Summary
The subject property is located at 217 Howard Street, at the northwest corner of the intersection of Howard Street and Euclid Street. The applicant is seeking a special exception to allow for taller fencing in the rear of the subject property. Currently, the property is surrounded with a six foot tall wrought iron fence. Unfortunately, there have been several instances of people jumping over the fence, sleeping on the property, and leaving behind garbage and the applicant is seeking an eight foot tall cedar privacy fence to prevent further trespass.
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Existing Zoning |
Existing Use |
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“C-2 AHOD” Commercial Airport Hazard Overlay District |
Daycare |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“C-2 AHOD” Commercial Airport Hazard Overlay District |
Professional Office |
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South |
“C-2 AHOD” Commercial Airport Hazard Overlay District |
Professional Office, Parking Lot |
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East |
“C-2 AHOD” Commercial Airport Hazard Overlay District |
Contractor Office |
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West |
“C-3 AHOD” General Commercial Airport Hazard Overlay District |
Professional Office |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Tobin Hill Community Plan and currently designated as Mixed Use in the future land use component of the plan. The subject property is located within the boundaries of the Tobin Hill Neighborhood Association. As such, the neighborhood association was notified and asked to comment.
Criteria for Review
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 eight (8) foot rear fences as a special exception, authorized under certain circumstances in accordance with specific factors as described in this report. If granted, this request would be harmony with the spirit and purpose of the ordinance.
B. The public welfare and convenience will be substantially served.
The public welfare and convenience can be served by the added protection of rear yard fence, allowing the owner to protect the subject property.
C. The neighboring property will not be substantially injured by such proposed use.
The rear fence will create enhanced security for subject property and is highly unlikely to injure adjacent properties.
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.
Rear fencing is not out of character in this neighborhood. Thus, granting the exception will not be detrimental to the character of the district.
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 fencing standards is to protect the health, safety and general welfare of the public, enhance property values, and improve the appearance of the community. Therefore, the requested special exception will not weaken the general purpose of the district.
Alternative to Applicant’s Request
The applicant would have to install a six foot tall fence.
Staff Recommendation
Staff recommends APPROVAL of A-16-129 based on the following findings of fact:
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1. |
The property owner is requesting the fence to prevent trespass on the property. |
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2. |
The design is unlikely to detract from the character of the community. |