|
Case Number: |
A-17-049 |
|
Applicant: |
George Pettit |
|
Owner: |
George Pettit |
|
Council District: |
8 |
|
Location: |
8443 Hidden Meadow |
|
Legal Description: |
Lot 21, Block 2, NCB 13644 |
|
Zoning: |
“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
|
Case Manager: |
Margaret Pahl, AICP, Senior Planner |
Request
A request for a special exception, as described in Section 35-399.03, to allow a seven foot wrought iron fence in the rear yard of the property.
Executive Summary
The subject property is located at the intersection of Hidden Meadow and Rock Creek Run in the Foothills Unit 5 Subdivision. The lot includes over 8,700 square feet and is just one block from Callaghan Road. The applicant is requesting the special exception to allow the installation of a seven foot tall wrought iron fence in the rear yard. The proposed fencing location will not interfere with clear vision requirements at the intersection.
|
Existing Zoning |
Existing Use |
|
“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residential |
Surrounding Zoning/Land Use
|
Orientation |
Existing Zoning District(s) |
Existing Use |
|
North |
“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residential |
|
South |
“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residential |
|
East |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residential |
|
West |
“R-5 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residential |
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 located within the boundaries of the Vance Jackson Neighborhood Association. As such, the neighborhood association was notified and asked to comment.
Criteria for Review
According to Section 35-399.03 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 allows eight (8) foot rear fences as a special exception, authorized under certain circumstances in accordance with specific factors as described in this report. In this case, the location is adjacent to an alley, which allows the height. Additional height is also granted by right for a location adjacent to a collector street. While Rock Creek Run serves the purpose of neighborhood collector, it is currently classified as a local street. Therefore, if granted, this request would be harmony with the spirit and purpose of the ordinance.
B. The public welfare and convenience will be substantially served.
The public welfare and convenience can be served by the added protection of higher rear yard fencing, allowing the owner to protect the subject property.
C. The neighboring property will not be substantially injured by such proposed use.
The side and rear fencing will create enhanced security for subject property and is highly unlikely to injure adjacent properties.
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.
Side and rear wrought iron fencing is not out of character in this neighborhood. Thus, granting the exception will not be detrimental to the character of the district.
E. The special exception will not weaken the general purpose of the district or the regulations herein established for the specific district.
The purpose of the fencing standards is to protect the health, safety and general welfare of the public, enhance property values, and improve the appearance of the community. Therefore, the requested special exception will not weaken the general purpose of the district.
Alternative to Applicant’s Request
The applicant would have to install a six foot tall fence on every portion of the rear yard, except the alley.
Staff Recommendation
Staff recommends APPROVAL of A-17-049 based on the following findings:
1. The property owner is requesting the fence to prevent trespass on the property; and
2. The design is unlikely to detract from the character of the community.