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Case Number: |
A-18-090 |
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Applicant: |
Oscar Hernandez |
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Owner: |
Oscar Hernandez |
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Council District: |
1 |
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Location: |
615 Elm Street and 627 Elm Street |
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Legal Description: |
Lots 8 and 9, Block 34, NCB 541 |
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Zoning: |
“FBZD T4-2 HS AHOD” Form Based Zone Historic Significant Airport Hazard Overlay District and “FBZD T4-2 AHOD” Form Based Zone Airport Hazard Overlay District |
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Case Manager: |
Dominic Silva, Planner |
Request
A request for a special exception from the Form Based Zone District design requirements, as described in Section 35-209, to allow a 6’ predominantly open fence along the side and front property line.
Executive Summary
The subject property is located at 615 Elm Street and 627 Elm Street, 177 feet north of McCullough Avenue. The applicant is requesting relief from the Form Based Zone District design requirement of 4’ maximum height to install a 6’ open fence facing primarily Interstate Highway 37.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“FBZD T4-2 HS AHOD” Form Based Zone Historic Significant Airport Hazard Overlay District |
Service Organization |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“FBZD T4-2 AHOD” Form Based Zone Airport Hazard Overlay District |
Church |
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South |
“FBZD T6-1 HS AHOD” Form Based Zone Historic Significant Airport Hazard Overlay District |
Parking Lot |
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East |
UZROW |
IH-37 |
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West |
“FBZD T4-2 AHOD” Form Based Zone Airport Hazard Overlay District |
Church |
Comprehensive Plan Consistency/Neighborhood Association
The subject property is within the boundaries of the Downtown Plan and currently designated as Mixed Use in the future land use component of the plan. The subject property is located within the boundaries of the Downtown Residents Association. As such, they were notified and asked to comment.
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 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 commercial property owners while still promoting a sense of community. A 6’ tall fence is proposed along a portion of the front and side property line to provide additional security for the 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 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 “FBZD T4-2 HS AHOD” Form Based Zone Historic Significant Airport Hazard Overlay District and “FBZD T4-2 AHOD” Form Based Zone Airport Hazard Overlay District and permits the current commercial 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 35-209.
Staff Recommendation
Staff recommends APPROVAL of the requested special exception for a 6’ tall fence within the side and front property lines in A-18-090, based on the following findings of fact:
1. The request does not alter the essential character of the district, and;
2. Clear Vision standards are not in violation.