Case Number: |
A-15-069 |
Applicant: |
Irma De Hoyos |
Owner: |
Irma De Hoyos |
Council District: |
6 |
Location: |
714 Singing Wind |
Legal Description: |
Lot 2, Block 52, NCB 15335 |
Zoning: |
"R-6 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 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 714 Singing Wind approximately 134 feet south of Havenbrook Drive. The applicant installed a five foot tall wrought iron fence in the front yard of the property to secure the home from theft and damages, both of which, per the applicant, have happened previously. Currently, the fencing is located in the front of the home, though the applicant intends on completing the fence around the perimeter of the property in the near future. The five foot fence was selected so that the applicant, who lives alone in the home, could feel more safe and secure inside of the house.
Subject Property Zoning/Land Use
Existing Zoning |
Existing Use |
"R-6 AHOD" Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
Surrounding Zoning/Land Use
Orientation |
Existing Zoning District(s) |
Existing Use |
North |
"R-6 AHOD" Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
South |
"R-6 AHOD" Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
East |
"R-6" Residential Single-Family District |
Park/Open Space |
West |
"RE AHOD" Residential Estate Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Meadow Village Neighborhood Plan but has no designated land use. The subject property is located within the boundaries of the Meadow Village 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. In visits to the field, staff noted that the fence, which measures only five feet in height, did not immediately offer the look of a fence that was in violation. Several homes in the community, though not many, have four foot tall front yard fencing. Because it is not a clear violation of the code, staff finds that it is not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The applicant has been the victim of theft and property damage multiple times in the past. As the applicant lives alone, she constructed the fence to secure the home to prevent further incidents of the kind. Staff finds that the special condition present in this case is that the request serves to mitigate criminal activities which have been inflicted upon the applicant's property in the past.
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 also to encourage a sense of community. This fence does not detract from the residential nature of the community, nor does its design conflict with the spirit of the ordinance. The applicant is seeking a minimal height deviation to allow for one extra foot for added protection. Granting the variance will result in substantial justice.
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-6 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.
As the current fence seeks only a minimal variance to the four foot height limitations and is hardly noticeable to passersby, staff finds that the variance will not substantially alter the character of the district of which it is located.
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 that the applicant has been the victim of criminal activity that has removed or damages her property multiple times over the past years. As she lives alone, the applicant is seeking a variance to allow her to secure her home criminal activity. This problem is not merely financial, nor is this the fault of the applicant.
Alternative to Applicant's Request
The applicant needs to remove one foot of the fence to come into compliance with the Unified Development Code.
Staff Recommendation
Staff recommends APPROVAL of A-15-069 based on the following findings of fact:
1. |
The existing fence does not detract from the residential character of the community; |
2. |
The applicants has been the victim of crime multiple times and the fence is a solution to deter this activity in the future. |
Attachments
Attachment 1 - Notification Plan (Aerial Map)
Attachment 2 - Plot Plan (Aerial Map)
Attachment 3 - Site Plan
Attachment 4 - Site Photos