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Case Number: |
A-18-122 |
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Applicant: |
Matthew Baillio and Erika Gloria |
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Owner: |
Matthew Baillio and Erika Gloria |
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Council District: |
9 |
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Location: |
10710 Dreamland Drive |
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Legal Description: |
Lots 3 and 4, Block 1, NCB 13214 |
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Zoning: |
“R-6” Residential Single-Family District |
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Case Manager: |
Dominic Silva, Planner |
Request
A request for a special exception, as described in Section 35-514, to allow an 8’ tall privacy fence in a portion of the front yard.
Executive Summary
The subject property is located at 10710 Dreamland Drive, approximately 803’ southwest of Westby Lane. The applicant constructed an 8’ tall wood privacy fence to screen the rear yard from passersby via Dreamland Drive. Due to the slope of the road, the high volume street has direct visibility of the applicant’s rear property.
During field visits, staff noted that Dreamland Drive, classified as a collector street, does have a steady flow of high-speed traffic. Unlike local streets, Dreamland Drive is designed to provide access to local streets while also serving residential properties like the applicant.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-6” Residential Single-Family District |
Single-Family Dwelling |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“R-20” Residential Single-Family District |
Single-Family Dwelling |
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South |
“R-6” Residential Single-Family District |
Single-Family Dwelling |
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East |
“R-6” Residential Single-Family District |
Single-Family Dwelling |
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West |
“R-6” Residential Single-Family District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The subject property is located within the boundaries of the North Sector Plan and designated as “Suburban Tier” in the future land use component of the plan. The subject property is not located within the boundaries of any neighborhood association.
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 states the Board of Adjustment can grant a special exception for a fence height modification up to 8’. The additional fence height is intended to provide safety and security of the applicant’s property. If granted, this request would be in harmony with the spirit and purpose of the ordinance.
B. The public welfare and convenience will be substantially served.
In this case, these criteria are represented by maximum fence heights to protect residential property owners while still promoting a sense of community. An 8’ tall closed fence was built along a portion of the front property line to provide additional security and privacy for the applicant’s property. This is not contrary to the public interest.
C. The neighboring property will not be substantially injured by such proposed use.
The fence will create enhanced security and privacy for the subject property and is highly unlikely to injure adjacent properties. Further, the fencing does not violate Clear Vision standards.
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 fencing does not detract from the character of the neighborhood. The fencing is in line with other preexisting fencing material and height within the immediate vicinity.
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 “R-6” Residential Single-Family District and permits the current use. The requested special exception will not weaken the general purpose of the district.
Alternative to Applicant’s Request
Denial of the special exception would result in the owner having to meet the required fence height regulations in Section 35-514.
Staff Recommendation
Staff recommends APPROVAL of the requested special exception in A-18-122, based on the following findings of fact:
1. The fence borders a collector road with a high volume of traffic, and;
2. Clear Vision standards are not in violation.