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Case Number: |
BOA-18-10300068 |
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Applicant: |
GuoLian Zhou |
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Owner: |
Qunchao Zhang |
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Council District: |
9 |
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Location: |
1251 Blue Crest Lane |
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Legal Description: |
Lot 67, NCB 12061 |
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Zoning: |
“RE AHOD” Residential Estate Airport Hazard Overlay District |
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Case Manager: |
Mercedes Rivas, Planner |
Request
A request for a special exception to allow a proposed 6’6” combined fence consisting of cinderblock and chopped limestone along the front property line as described in Section 35-514.
Executive Summary
The subject property is located at 1251 Blue Crest Lane. The applicant is seeking permission to build a 6’6” cinderblock and chopped limestone fence along the front property line in order to provide more privacy and security to their front yard. Upon conducting our site visit, staff noticed several properties on this street that have fences similar to the fence being requested. Further, the code permits the property owner to have a 5 foot tall combined fence, but the owner wants a higher cinderblock and chopped limestone fence for more privacy and security. The subject property is surrounded by residential properties.
Code Enforcement History:
No Code Enforcement history exists on the property.
Permit History:
There is no permit history related to the 6’6” fence on the property. The property owner is seeking a variance to allow for a permit to be issued for construction.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“RE AHOD” Residential Estate 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 |
“RE AHOD” Residential Estate Airport Hazard Overlay District |
Single-Family Home |
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South |
“RE AHOD” Residential Estate Airport Hazard Overlay District |
Single-Family Home |
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East |
“RE AHOD” Residential Estate Airport Hazard Overlay District |
Single-Family Home |
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West |
“RE AHOD” Residential Estate Airport Hazard Overlay District |
Single-Family Home |
Comprehensive Plan Consistency/Neighborhood Association
The property is located within the North Sector Plan and is currently designated “Suburban Tier” in the land use component of the plan. The subject property is located within the Blue Ridge Estates Neighborhood Association. As such, they were notified and asked to comment.
Street Classification
Blue Crest Lane is classified as a Local Street.
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 UDC states the Board of Adjustment can grant a special exception for a fence height modification up to 8’. The additional fence height is intended to provide a more secure and private space for the residents. If granted, this request would be in harmony with the spirit and purpose of the ordinance. No portions of the fences will be in violation of the Clear Vision field.
B. The public welfare and convenience will be substantially served.
In this case, these criteria are represented by maximum fence heights to protect residential property owners while still promoting a sense of community. The fence height will be built along the front property line to provide a more secure and private space for the residents. This is not contrary to the public interest.
C. The neighboring property will not be substantially injured by such proposed use.
No portion of the fence will be 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 6’6” fence along the front property line would not significantly alter the overall appearance of the district and would provide added security and protection for the property owner. Upon conducting our site visit, staff noticed several properties on this street that have fences similar to the fence being requested.
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. The special exception request is to allow a 6’6” fence in order to provide a more secure and private space for the residents. Therefore, the requested special exception will not weaken the general purpose of the 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 variance in BOA-19-10300068, based on the following findings of fact:
1. The fence will provide additional privacy and security to the subject property.