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Case Number: |
A-18-008 |
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Applicant: |
Henneke Financial Group, LLC |
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Owner: |
Henneke Financial Group, LLC |
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Council District: |
2 |
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Location: |
1121 East Crockett Street |
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Legal Description: |
East 55.35 Feet of Lot 6, Block C, NCB 578 |
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Zoning: |
“RM-4 H AHOD” Residential Mixed Dignowity Hill Historic Airport Hazard Overlay District |
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Case Manager: |
Logan Sparrow, Principal Planner |
Request
A request for a special exception, as described in Section 35-514, to allow a six foot tall solid screen fence in a portion of the front yard.
Executive Summary
The subject property is located at 1121 East Crockett Street, approximately 110 feet West of North Pine Street. The applicant is seeking to replace an older, dilapidated fence and a portion extends into the front yard, beyond the front façade of the home. On October 4, 2017 the Historic and Design Review Commission considered the proposal and recommended approval.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“RM-4 H AHOD” Residential Mixed Dignowity Hill Historic Airport Hazard Overlay District |
Single-Family Home |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“RM-4 H AHOD” Residential Mixed Dignowity Hill Historic Airport Hazard Overlay District |
Single-Family Home |
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South |
“RM-4 H AHOD” Residential Mixed Dignowity Hill Historic Airport Hazard Overlay District |
Single-Family Home |
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East |
“RM-4 H AHOD” Residential Mixed Dignowity Hill Historic Airport Hazard Overlay District |
Single-Family Home |
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West |
“RM-4 H AHOD” Residential Mixed Dignowity Hill Historic Airport Hazard Overlay District |
Single-Family Home |
Comprehensive Plan Consistency/Neighborhood Association
The subject property is within the boundaries of the Dignowity Hill Neighborhood Plan and currently designated Low Density Residential in the future land use component of the plan. The subject property is located within the boundaries of the Dignowity Hill registered neighborhood association. As such, they were notified and asked to comment.
Criteria for Review
According to Section 35-482(h) of the UDC, in order for special exception to be granted, 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 spirit of the chapter is intended to provide for reasonable protections to property owners and to establish a sense of community within our neighborhoods. The request for a six foot tall fence in a portion of the front yard is in harmony with the spirit of the chapter as the applicant is merely seeking to replace a fence that has existed for years without any problems. No portion of the fence is in violation of the Clear Vision field.
B. The public welfare and convenience will be substantially served.
In that an identical fence has existed in that location for years without any documented problems, staff finds that the public welfare will be served.
C. The neighboring property will not be substantially injured by such proposed use.
No portion of the fence is in violation of the Clear Vision field. No adjacent property owner, nor the traveling public, will be harmed by the proposed fence.
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.
The Historic and Design Review Commission has already determined that the request satisfies the historic design guidelines.
E. The special exception will not weaken the general purpose of the district or the regulations herein established for the specific district.
The property is located within the “RM-4” Residential Mixed zoning district and permits the current use of a single-family home. Staff is unable to establish how the request may detract from the general purpose of this district.
Alternative to Applicant’s Request
The applicant would need to adhere to the permitted fence heights as described in Section 35-514.
Staff Recommendation
Staff recommends APPROVAL of A-18-008 based on the following findings of fact:
1. The Historic and Design Review Commission has already determined that the request is consistent with the Historic Design Guidelines; and
2. The new fence is located in the same position as a similar fence which has existed for years without any problems.