Case Number: |
A-15-070 |
Applicant: |
Juan A & Guillermina Hinojosa |
Owner: |
Juan A & Guillermina Hinojosa |
Council District: |
5 |
Location: |
432 and 438 S San Dario |
Legal Description: |
Lots 17-20, Block 42, NCB 8657 |
Zoning: |
"R-4 AHOD" Residential Single-Family Airport Hazard Overlay District |
Prepared By: |
Logan Sparrow, Planner |
Request
A request for a two foot variance from the four foot maximum front yard fence, as described in Section 35-514, to allow a six foot tall wrought iron fence in the front yard of the property.
Executive Summary
The subject property is located at 432 and 438 S San Dario at the northeast corner of the S San Dario and San Fernando intersection. The applicants are seeking a variance to allow for the construction of a six foot tall, wrought iron fence in the front yard of the property. The applicants own the home located at the corner, addressed at 438 S San Dario, as well as the lot to the north, addressed 432 S San Dario, as well as the unaddressed lot to the north of that. The intention is to install a six foot tall wrought iron fence on the front yard of the subject properties as a means to deter criminal activity, of which they have been the victim of multiple times.
Subject Property Zoning/Land Use
Existing Zoning |
Existing Use |
"R-4 AHOD" Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
Surrounding Zoning/Land Use
Orientation |
Existing Zoning District(s) |
Existing Use |
North |
"R-4 AHOD" Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
South |
"R-4 AHOD" Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
East |
"R-4 AHOD" Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
West |
"R-4 AHOD" Residential Single-Family Airport Hazard Overlay District |
Edgewood ISD Maintenance Facility |
Comprehensive Plan Consistency/Neighborhood Association
The property is not within the boundaries of any neighborhood plan. The subject property is not located within the boundaries of the any registered neighborhood association.
Criteria for Review
According to Section 35-482(e) of the UDC, in order for a variance to be granted, 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, these criteria are represented by fence height limitations to provide for safety, and also to promote a sense of community. In visits to the field, staff noted that almost all properties have a front yard fence. While the majority of these fences are predominately open, at four feet in height, some fences exceed this maximum and have fences that are five feet tall in the front yards. Staff was unable to find any variances granted for these properties. However, as the fence serves to protect the family from criminal activity in the community, staff finds that the requested variance is not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The applicant has been the victim of theft and property damage multiple times in the past. The special condition present in this case is the abnormally high occurrences of theft. The applicant states that several items including expensive lawn tools and other items of sentimental value have been taken from the home.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
The spirit of the ordinance provides fencing height and design requirements to protect homes and also to encourage a sense of community. As the fence is a predominately open design it does not detract from the residential nature of the community, nor does its design conflict with the spirit of the ordinance. The applicant is seeking a two foot height deviation to allow for added protection of the home. Granting the variance will result in substantial justice.
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 "R-4 AHOD" Residential Single-Family 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.
During field visits, staff noted the presence of other fences that exceed the four foot maximum front yard fence height, even though staff could find no record of other variances having been granted. Almost all properties within this community benefit from front yard fencing and, as such, the request for a six foot tall fence would not alter the character of the district nor would it detract from the residential nature of this community.
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 unique circumstance present in this case is that the applicant has been the victim of criminal activity that has removed or damages their property multiple times over the past years. The applicant's are seeking a variance to allow them to secure their home to prevent criminal activities from affecting their property. This problem is not merely financial, nor is this the fault of the applicants.
Alternative to Applicant's Request
The applicant needs to remove two feet of the proposed fence to come into compliance with the Unified Development Code.
Staff Recommendation
Staff recommends APPROVAL of A-15-070 based on the following findings of fact:
1. |
The existing fence does not detract from the residential character of the community; |
2. |
The applicants have been the victim of crime multiple times and the fence is a solution to deter this activity in the future. |
Attachments
Attachment 1 - Notification Plan (Aerial Map)
Attachment 2 - Plot Plan (Aerial Map)
Attachment 3 - Site Plan
Attachment 4 - Site Photos