Case Number: |
A-15-099 |
Applicant: |
Patrick Hafey |
Owner: |
Patrick Hafey |
Council District: |
9 |
Location: |
14227 Clear Creek Street |
Legal Description: |
Lot 10, Block 4, NCB 13831 |
Zoning: |
"R-5 AHOD MLOD" Residential Single-Family Airport Hazard Overlay Military Lighting Overlay Districts |
Case Manager: |
Margaret Pahl AICP, Senior Planner |
Request
A request for a two foot variance from the six foot maximum rear yard fence height, as described in Section 35-514 (d), to allow an eight foot privacy fence in the rear yard of the property to remain.
Executive Summary
The subject property is located within the Barclay Square Subdivision, and includes a half acre lot with a 2,000 square foot home. The plat shows the grades along the block 40 feet in elevation. This grade change is particularly dramatic between his house and the neighboring lot, which is 6 feet higher than his. In addition, a business park is located directly behind the block and is zoned "O-2" Office. According to the application, his home has been burglarized twice since 2008, and deer destroy his landscaping. For these reasons, the applicant installed an 8 foot privacy-fence around his entire rear yard without a building permit. The applicant was cited by Code Enforcement for construction without a building permit.
Subject Property Zoning/Land Use
Existing Zoning |
Existing Use |
"R-5 AHOD" Residential Single-Family Airport Hazard Overlay Military Lighting Overlay District |
Single-Family Dwelling |
Surrounding Zoning/Land Use
Orientation |
Existing Zoning District(s) |
Existing Use |
North |
"R-5 AHOD MLOD" Residential Single-Family Airport Hazard Overlay Military Lighting Overlay District |
Single-Family Dwelling |
South |
"R-5 AHOD MLOD" Residential Single-Family Airport Hazard Overlay Military Lighting Overlay District |
Single-Family Dwelling |
East |
"R-5 AHOD MLOD" Residential Single-Family Airport Hazard Overlay Military Lighting Overlay District |
Single-Family Dwelling |
West |
"O-2 AHOD MLOD" High-Rise Office Airport Hazard Overlay Military Lighting Overlay District |
Office Park |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the North Sector Plan and currently designated as Suburban Tier in the future land use component of the plan. The subject property is not located within the boundaries of a register neighborhood association
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 an area for private enjoyment of outdoor living space. Because of changes in grade, additional height is warranted and not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Staff finds that the special condition present in this case is that the rear yard slopes up 6 feet to the neighboring yard. This change in grade reduces the privacy provided by the normal 6 foot fence. A literal enforcement would result in an 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 provides fencing height and design requirements to protect homes and buffer conflicting uses. The adjacent office zoning includes an allowance for unlimited height. Therefore, the variance would be consistent with the spirit of the ordinance.
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 MLOD" Residential Single-Family Airport Hazard Overlay Military Lighting 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.
According to the applicant there are other eight foot high fences within the neighborhood, though staff did not notice others. The fence itself though is setback 45 feet from the street, a street with mature front yard landscaping and no front fencing. Therefore, the fence will not likely alter the character of the district.
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 applicant's property is affected by its proximity to an office park and a sloping street, both conditions unique to the location.
Alternative to Applicant's Request
The applicant needs to reduce the fence height to come into compliance with the Unified Development Code.
Staff Recommendation
Staff recommends APPROVAL of A-15-099 based on the following findings of fact:
1. |
The property is adjacent to an office park, which can interfere with the peace and quiet enjoyment of the property; |
2. |
The additional fence height is necessary because of a grade change on the neighboring lot. |