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Case Number: |
A-15-157 |
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Applicant: |
David Goldstein |
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Owner: |
David Goldstein |
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Council District: |
8 |
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Location: |
4131 Cliff Oaks |
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Legal Description: |
Lot 27 and SW 5.8 ft of Lot 28, NCB 11673 |
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Zoning: |
“MF-33 PUD AHOD” Multi-Family Residential Planned Unit Development Airport Hazard Overlay District |
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Case Manager: |
Kristin Flores, Planner |
Request
A request for 2 foot variance from the maximum 6 foot fence height, as described in Section 35-314(d), to allow an 8 foot wall in the rear yard.
Executive Summary
The subject property is located at 4131 Cliff Oaks approximately 500 feet south of Fredericksburg Road. The Fifty Five Fifty Five Fredericksburg Planned Unit Development (PUD) was created in February 1991. According to Section 35-314 (b), Planned Unit Developments have the option to designate side and rear yard fences be built up to eight feet. However, the Fifty Five Fifty Five Fredericksburg PUD did not designate residents the right to build fences up to eight feet in height.
This Planned Unit Development (PUD) is comprised of homes built in close proximity to one another over a largely sloping and tumultuous topography. The property owner has a pool in the rear yard and wishes to ensure privacy of his home and rear yard. Due to the large amounts of foliage present throughout the neighborhood it is unlikely that the fence will be visible from the right of way. This has led the applicant to seek a variance to allow additional fence height. The applicant previously had an eight foot fence and wishes to replace the old fence. The applicant is coming to the board, before construction of the fence, to request a variance to allow for additional fence height.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“MF-33 PUD AHOD” Multi-Family Residential Planned Unit Development Airport Hazard Overlay District |
Single Family Residence |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“C-1 PUD AHOD” Light Commercial Planned Unit Development Airport Hazard Overlay District |
Pharmacy |
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South |
“MF-33 PUD AHOD” Multi-Family Residential Planned Unit Development Airport Hazard Overlay District |
Single Family Residence |
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East |
“MF-33 PUD AHOD” Multi-Family Residential Planned Unit Development Airport Hazard Overlay District |
Multi-Family Residence |
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West |
“MF-33 PUD AHOD” Multi-Family Residential Planned Unit Development Airport Hazard Overlay District |
Single Family Residence |
Comprehensive Plan Consistency/Neighborhood Association
The property is located within the boundaries of the North Sector Plan and is designated as Regional Center in the future land use component of the plan. The subject property is not located within the boundary of a 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 minimum fence height to protect home owners, and also to provide for a sense of community. This neighborhood has significant sloping topography which has caused the applicant’s backyard to be situated slightly above neighboring property. The proposed fence will serve to provide increased privacy and security of the property. This 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 in this case is the sloping topography in the neighborhood and the close proximity of the homes in the neighborhood.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
The spirit of the ordinance is defined as the intent of the code rather than the letter of the law. The additional fence height is intended to provide safety, security, and privacy of the applicant. Therefore, this variance observes the spirit of the code.
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 “MF-33 PUD AHOD” Multi-Family Residential Planned Unit Development 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.
This PUD has many homes located in close proximity to one another with many other eight foot fences. The proposed fence would be in keeping with the character of the community. In addition, the subject property is heavily vegetated causing the fence to be blocked from the right of way.
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 on this property is the vastly sloping topography. This is not merely financial and was not created by the property owner.
Alternative to Applicant’s Request
The applicant must build the fence not to exceed to six foot maximum, as described in Section 35-314 (d).
Staff Recommendation
Staff recommends APPROVAL of a two foot variance from the six foot minim to allow a fence to be eight feet in height in A-15-157 based on the following findings of fact:
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1. |
The sloping topography has posed barriers to ensuring privacy of residents; |
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2. |
The proposed fence is not likely to be visible from the right of way; |
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3. |
The proposed fence is in keeping with the character of the community. |
Attachments
Attachment 1 - Notification Plan (Aerial Map)
Attachment 2 - Plot Plan (Aerial Map)
Attachment 3 - Site Plan
Attachment 4 - Site Photos