Case Number: |
A-15-071 |
Applicant: |
Graciela Guerra |
Owner: |
Graciela Guerra |
Council District: |
7 |
Location: |
4211 E Horseshoe Bend |
Legal Description: |
Lot 146, Block E, NCB 11546 |
Zoning: |
"R-20 NCD-3 AHOD" Residential Single-Family Ingram Hills Neighborhood Conservation Airport Hazard Overlay District |
Prepared By: |
Logan Sparrow, Planner |
Request
A request for a two foot variance from the Ingram Hills Neighborhood Conservation District's design guidelines four foot limitation on front yard fencing, as found within the Residential Design Standards section of the NCD, to allow a six foot tall wrought iron fence in the front yard of the property.
Executive Summary
The subject property is located at 4211 E Horseshoe Bend approximately 658 feet south of Callaghan Road. The applicant is seeking a variance to allow for the construction of a six foot tall, wrought iron fence in the front yard of the property. Ordinarily, the applicant would be permitted this fencing type by right as the property qualifies as a residential estate lot. Residential estate lots must be 20,000 square feet or larger, contain 100 feet of frontage, and the primary dwelling must be located at least 40 feet back from the property line. The subject property is 26,850 square feet in area, has 179 feet of frontage, and the dwelling is located 44 feet from the property line. The Ingram Hills Neighborhood Conservation only permits front yard fencing on lots zoned "RE" Residential Estate or "R-20" Residential single-family, which the subject property is. However, the NCD design guidelines further stipulate that front yard fencing shall not exceed four feet in height. When the current owner purchased the home in July of 2012, the previous owner had already installed the wrought iron columns in the front yard, but never finished the fence. As such, the applicant is seeking a variance to allow for the completion of a six foot tall, wrought iron fence in the front yard of the property.
Subject Property Zoning/Land Use
Existing Zoning |
Existing Use |
"R-20 NCD-3 AHOD" Residential Single-Family Ingram Hills Neighborhood Conservation Airport Hazard Overlay District |
Single-Family Dwelling |
Surrounding Zoning/Land Use
Orientation |
Existing Zoning District(s) |
Existing Use |
North |
"R-20 NCD-3 AHOD" Residential Single-Family Ingram Hills Neighborhood Conservation Airport Hazard Overlay District |
Single-Family Dwelling |
South |
"R-20 NCD-3 AHOD" Residential Single-Family Ingram Hills Neighborhood Conservation Airport Hazard Overlay District |
Single-Family Dwelling |
East |
"R-20 NCD-3 AHOD" Residential Single-Family Ingram Hills Neighborhood Conservation Airport Hazard Overlay District |
Single-Family Dwelling |
West |
"R-20 NCD-3 AHOD" Residential Single-Family Ingram Hills Neighborhood Conservation Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is located within the boundaries of the Woodlawn Hills/Ingram Hills Neighborhood Plan and designated as Low Density Residential Estate future land use. The subject property is located within the boundaries of the Ingram Hills 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. The home is located at the northern border of the neighborhood conservation district and enjoys a very rural atmosphere when compared to the rest of the NCD. Properties adjacent to the subject property also enjoy large lots which, save for the NCD, would be permitted a six foot tall wrought iron fence by right. Due to its large lot and rural character, staff finds that granting the fence request 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 that when the current owner purchased the home, the previous owner had already installed the tall, wrought iron support columns for a wrought iron fence. The applicant has been waiting since July of 2012 to install the fence to complete her home. Because the subject property is on the border of the NCD, and because of its very rural nature, staff finds that not granting the variance will 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, in this case the Ingram Hills Neighborhood Conservation District, already provides relief for owner of large-lot residential properties for some fencing. Properties zoned anything other than "RE" Residential Estate or "R-20" Residential Single-Family are not permitted front yard fencing, however, these two zones allow front yard fencing. The applicant is seeking a two foot variance from the permitted four foot maximum to complete the fence in her front yard that was started by the previous owner of the home. Staff finds that 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-20 NCD-3 AHOD" Residential Single-Family Ingram Hills Neighborhood Conservation 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.
Unlike most of the Ingram Hills Neighborhood Conservation District, the subject property, and adjacent properties, enjoy large lots which contribute to a very rural character within this section of the community. Other communities in San Antonio that are similar in image are permitted the requested fencing design by right. Staff finds that permitting a six foot tall wrought iron fence will not detract from the character of this community due to its very rural nature.
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 when the applicant purchased the home the prior owner had started construction of the six foot tall wrought iron fence. She has had these posts in the ground for several years and, to date, have not generated any complaints from neighbors that staff was able to identify. The applicant wishes to complete the fence to enhance the look of the property, which would benefit the community. The plight of the owner is not merely financial in nature, nor is it the fault of the applicant.
Alternative to Applicant's Request
The applicant needs to remove two feet of the proposed fence to come into compliance with the Ingram Hills Neighborhood Conservation District design guidelines.
Staff Recommendation
Staff recommends APPROVAL of A-15-071 based on the following findings of fact:
1. |
The proposed fence would fit the rural nature of the immediate community; |
2. |
The posts for the fence have existed for several years without complaints from neighboring property owners. |
Attachments
Attachment 1 - Notification Plan (Aerial Map)
Attachment 2 - Plot Plan (Aerial Map)
Attachment 3 - Site Plan
Attachment 4 - Site Photos