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Case Number: |
BOA-18-900017 |
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Applicant: |
Carlos Rodriguez |
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Owner: |
Carlos Rodriguez |
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Council District: |
1 |
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Location: |
Lot 9, Block 63, NCB 7209 |
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Legal Description: |
1008 Edison Drive |
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Zoning: |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Nyliah Acosta, Planner |
Request
A request for 1) a special exception, as described in Section 35-514, to allow up to a 6’ privacy fence in the front yard and 2) a variance from the restricted fencing material regulations, as described in Section 35-514, to allow the use of a plastic fence material not authorized by the UDC’s fencing regulations and 3) a request for a variance from the Clear Vision standards, as described in Section 35-514, to allow a fence to be within the Clear Vision field.
Executive Summary
The subject property is located at 1008 Edison Drive. The applicant is seeking to keep the fence in his front yard as tall as 6’, constructed of plastic material. The fence is 9’ away from the street curb instead of 15’, violating the Clear Vision field. During visits to the site, staff was unable to identify any other fences within the community that are 6’ tall in the front yard. The applicant states that he needs the 6’ fence for privacy and security.
Code Enforcement History
On 9/3/1996 a variance was applied to for having a carport on the side property line.
On 3/27/2013 there was a code violation for adding to the front porch of the home and fence without permits.
On 5/26/2015 a code violation was issued for a 6’ wood fence on the corner of the lot violating the Clear Vision requirement.
Permit History
On 12/7/2010 a permit was issued for a front porch.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-4 AHOD” Residential Single-Family Airport Hazard Overlay 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-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District and “C-3NA AHOD” General Commercial Nonalcoholic Sales Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Greater Dellview Area Community Plan and is currently designated “Low Density Residential” in the future land use component of the plan. The subject property is within the Central Los Angeles Heights Neighborhood Association. As such, they were notified and asked to comment.
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:
A. The special exception will be in harmony with the spirit and purpose of the chapter.
The spirit of the chapter is intended to provide for reasonable protections to property owners and to establish a sense of community within our neighborhoods. Staff was unable to identify other properties benefiting from a 6’fence in the front yard. Allowing a fence as tall as 6’ in the front yard will create inconsistency and is out of character for the neighborhood.
B. The public welfare and convenience will be substantially served.
Staff is unable to establish how the public would benefit from a 6 foot tall fence in the front yard. The applicant is permitted to have a 3’ tall solid-screen fence, or a 5’ predominately open fence.
C. The neighboring property will not be substantially injured by such proposed use.
The neighboring property may be harmed by the proposed fence, especially considering that it is located within the Clear Vision field.
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.
Staff was unable to identify other 6’ tall fences with plastic material within the block. Allowing one property to have a 6’ tall fence alters the essential character of the community in which it is located.
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-4 AHOD” Residential Single-Family Airport Hazard Overlay District. The fencing regulations are established to ensure consistency within our communities; it is difficult to establish how granting the requested special exception will not weaken that purpose
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, a portion of the fence is in violation of the Clear Vision field, which creates unsafe conditions. Staff finds that the variance request is contrary to the public. Staff is further concerned that the material is contrary to the public interest as it detracts from the character of the community.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Staff is unable to establish a special condition that will allow the fence to be 9’ away from the street curb instead of 15 feet, in violation of the Clear Vision field. Staff can find no special condition that warrants using an unapproved fencing material.
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 the intent of the code, rather than the strict letter of the law. In this case the intent of the code is to allow property owners to secure their property while still proving for safe conditions for motorist and pedestrians. A 9 foot setback instead of a 15 foot setback does not observe the intent of the code as it observes the view of oncoming motorists and pedestrians. The code further intends to create a cohesive development pattern throughout our neighborhoods; the requested fencing is not aligned with that intent.
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 zoning 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.
The fence obstructs view from the subject property driveway which could harm the property owner, and the traveling public, and the material fails to adhere to the essential character of the 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.
Staff can find no unique circumstance; both the material and the Clear Vision violation are the results of unpermitted work.
Alternative to Applicant’s Request
The applicant would need to adhere to the permitted fence heights, as described in Section 35-514, the Clear Vision requirement as well as permitted material authorized by the UDC’s fencing regulations.
Staff Recommendation
Staff recommends DENIAL of the requested special exception and variance in BOA-18-900017, based on the following findings of fact:
1. The special exception and variance detract from the character of the community and;
2. Allowing the 9’ distance from the curb obstructs a safe view to the street to and from the street.
3. The requested material detracts from the essential character of the community.