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File #: 18-5727   
Type: Zoning Case
In control: Board of Adjustment
On agenda: 10/15/2018
Posting Language: A-18-140: A request by Antonio Plascencia for a special exception to allow a 6’ tall solid screen fence along a portion of the front yard, located at 1127 and 1143 East Bitters Road. Staff recommends Approval. (Council District 9)
Attachments: 1. A-18-140 Attachments
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Case Number:

A-18-140

Applicant:

Antonio Plascencia

Owner:

Antonio Plascencia

Council District:

9

Location:

1127 and 1143 East Bitters Road

Legal Description:

Lot 59 and the Southwest 318.7 feet of Lot 9 OR Lot 9C & Northwest Irregular 121.3 feet of Lot 9 OR 9A1, NCB 12061

Zoning:

“R-20 AHOD” Residential Single-Family Airport Hazard Overlay District

Case Manager:

Dominic Silva, Planner

 

Request

A request for a special exception, as described in Section 35-514, to allow a 6’ tall solid screen fence along a portion of the front yard.

Executive Summary

The subject property is located at 1127 and 1143 East Bitters Road, approximately 2,180’ east of U.S. Highway 281. The applicant is proposing to construct a 6’ brick fence along the front yard, 30’ away from the curb and running parallel to East Bitters Road through both lots 1127 and 1143. Bitters road is a high-volume four lane arterial road, and during field visits, staff noted the consistent flow of high speed traffic stemming from U.S. Highway 281.

Along Bitters Road, there are several residential properties in the immediate vicinity that make use of solid screen fences to reduce visual and audible noise from the increased traffic flow the thoroughfare has experienced. 

Subject Property Zoning/Land Use

 

Existing Zoning

Existing Use

“R-20 AHOD” Residential Single-Family Airport Hazard Overlay District

Single-Family Dwelling

 

Surrounding Zoning/Land Use

 

Orientation

Existing Zoning District(s)

Existing Use

North

“R-20 AHOD” Residential Single-Family Airport Hazard Overlay District

Single-Family Dwelling

South

“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District

Single-Family Dwelling

East

“R-20 AHOD” Residential Single-Family Airport Hazard Overlay District

Single-Family Dwelling

West

“R-20 AHOD” Residential Single-Family Airport Hazard Overlay District

Single-Family Dwelling

Comprehensive Plan Consistency/Neighborhood Association

The subject property is within the boundaries of the San Antonio International Airport Vicinity Land Use Plan and currently designated as Low Density Residential in the future land use component of the plan. The subject property is located within the boundaries of Countryside San Pedro. As such, they were notified and asked to comment.

Street Classification

Bitters Road is classified as a Minor Street.

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 eight feet. 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. A 6’ tall solid stone fence is proposed along a portion of the front yard to provide additional security and noise reduction 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 noise reduction for the subject property and is highly unlikely to injure adjacent properties due to the placement of 30’ away from the curb. 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-20 AHOD” Residential Single-Family Airport Hazard Overlay 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 variance request and 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-18-140, based on the following findings of fact:

1.                     The fence borders a collector road with high volume of traffic, and;

2.                     Clear Vision standards are not in violation.