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Case Number: |
BOA-18-900037 |
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Applicant: |
Abe Juarez, Cogo Investments, LLC |
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Owner: |
Abe Juarez, Cogo Investments, LLC |
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Council District: |
1 |
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Location: |
412 Warren Street |
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Legal Description: |
Lot 4, Block 8, NCB 760 |
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Zoning: |
“R-4 CD AHOD” Residential Single-Family with Conditions for an Assisted Living Facility up to 16 Residents Airport Hazard Overlay District |
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Case Manager: |
Mercedes Rivas, Planner |
Request
A request for a special exception to allow an 8’ fence, as described in Section 35-514, consisting of 6’ of solid wood and 2’ of open lattice, on the east side of the property.
Executive Summary
The subject property is located at 412 Warren Street. The applicant is seeking to keep the fence in the rear and side of the property. The subject property is surrounded by residential properties.
Code Enforcement History:
Property owner received a citation from Code Enforcement on September 25th, 2018 for not having a fence permit and for fence exceeding over 6 feet tall in the side and rear yard.
Permit History:
No permit history related to this proposed fence exists on the property. The property owner is seeking a variance to allow for permit to be issued.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-4 CD AHOD” Residential Single-Family with Conditions for an Assisted Living Facility up to 16 Residents Airport Hazard Overlay District |
Single-Family Home |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Home |
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South |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Home |
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East |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Home |
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West |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Home |
Comprehensive Plan Consistency/Neighborhood Association
The subject property is within the boundaries of the Five Points Neighborhood Plan and currently designated “Low Density Residential” in the future land use component of the plan. The subject property is located within the Five Points Neighborhood Association. As such, they were notified and asked to comment.
Street Classification
Warren Street is classified as a Local Street.
Criteria for Review
According to Section 35-482(h) of the UDC, in order for special exception to be granted, 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 privacy and security of the applicant’s property. If granted, this request would be in harmony with the spirit and purpose of the ordinance. No portions of the fences are in violation of the Clear Vision field.
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. The fence height was built along the back yard to provide additional privacy for the property. This is not contrary to the public interest.
C. The neighboring property will not be substantially injured by such proposed use.
No portion of the fence is in violation of the Clear Vision field. No adjacent property owner, nor the traveling public, will be harmed by the proposed fence.
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 8’ fence gate along the rear of the property would not significantly alter the overall appearance of the district and would be able to provide added security and protection for the property owner.
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. The special exception request is to allow an 8’ fence in order to add privacy for the subject property. Therefore, the requested special exception will not weaken the general purpose of the district.
Alternative to Applicant’s Request
The applicant would need to adhere to the permitted fence heights as described in Section 35-514.
Staff Recommendation
Staff recommends APPROVAL of variance in BOA-18-900037, based on the following findings of fact:
1. The fence will provide additional privacy and security to the subject property.