Case Number: |
A-15-074 |
Applicant: |
David Alvarado |
Owner: |
Celene Alvarado |
Council District: |
5 |
Location: |
1314 W Theo Avenue |
Legal Description: |
E. 12 ft. of Lot 12 & W. 42 ft. of Lot 13, Block 35, NCB 3438 |
Zoning: |
"R-5 AHOD" Residential Single-Family Airport Hazard Overlay District |
Prepared By: |
Logan Sparrow, Planner |
Request
A request for a one foot variance from the four foot maximum front yard, predominately open fence height, as described in Section 35-514, to allow a five foot tall wrought iron fence in the front yard of the property.
Executive Summary
The subject property is located at 1314 W Theo Avenue approximately 158 feet west of Charlotte Street. The applicant is seeking a variance to allow a five foot tall, wrought iron fence to remain in the front yard of the property. The applicant was unaware that a permit needed to be secured prior to the construction of the fence and was cited by a code enforcement officer. The fence was built to protect the home and family from criminal activity and the applicant states that a neighboring property was broken into with the family held at gunpoint; this acted as the catalyst to install the fence.
Subject Property Zoning/Land Use
Existing Zoning |
Existing Use |
"R-5 AHOD" Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
Surrounding Zoning/Land Use
Orientation |
Existing Zoning District(s) |
Existing Use |
North |
"R-5 AHOD" Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
South |
"R-5 AHOD" Residential Single-Family Airport Hazard Overlay District Hazard |
Single-Family Dwelling |
East |
"R-5 AHOD" Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
West |
"R-5 AHOD" Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is located within the boundaries of the Nogalitos/South Zarzamora Neighborhood Plan and designated for Low Density Residential future land use. The subject property is located within the boundaries of the Palm Heights registered neighborhood association. As such, the neighborhood association was 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:
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, these criteria are represented by fence height limitations to provide for safety, and also to promote a sense of community. Properties adjacent to the subject property, and along the street, and others, also enjoy five foot tall, predominately open fencing. As such, staff finds that the requested variance is not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The special condition present in this case is the uniquely high crime rates within this community. A literal enforcement of the ordinance would restrict the applicant to a four foot tall wrought iron fence, which is inadequate for reasonable protection of the home and property. Staff finds that a literal enforcement of the ordinance would result in unnecessary hardship.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
The spirit of the ordinance intends to provide conditions for home owners to protect their property while maintaining a sense of community. The requested five foot fence height is already enjoyed by many other properties along the street, though staff was unable to find records of similar requests before the Board of Adjustment.
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 "R-5 AHOD" Residential Single-Family Airport Hazard Overlay 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 requested variance is not likely to harm adjacent property owner, nor will it alter the essential character of the district. Five foot tall wrought iron fencing is so common in this community that it constitutes a defining characteristic within the area.
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.
The unique circumstance present in this case is the uniquely high rates of crime within the community. This is not the fault of the owner of the property, nor is this problem merely financial in nature.
Alternative to Applicant's Request
The applicant needs to remove one foot of the existing fence to come into compliance with the Unified Development Code.
Staff Recommendation
Staff recommends APPROVAL of A-15-074 based on the following findings of fact:
1. |
The fence is a response to high crime rates within the community and the fence serves to protect the family and their property; |
2. |
Many other homes in the community enjoy similar fencing. |
Attachments
Attachment 1 - Notification Plan (Aerial Map)
Attachment 2 - Plot Plan (Aerial Map)
Attachment 3 - Site Plan
Attachment 4 - Site Photos