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Case Number: |
BOA-21-10300004 |
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Applicant: |
Mary Ann Paredez |
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Owner: |
Mary Ann Paredez |
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Council District: |
10 |
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Location: |
5338 Vista Run |
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Legal Description: |
Lot 180, Block 1, NCB 17790 |
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Zoning: |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Joyce Palmer, Planner |
Request
A request for a special exception to allow a back yard fence and side yard fence to be 8’ tall, as described in Section 35-514.
Executive Summary
The subject property is located on the northeast side of San Antonio within a single-family subdivision. The applicant is requesting a special exception to allow a fence along the back and side property lines to be 8’ tall.
Code Enforcement History
Current Code case for building without a permit. Case #20-3100001005
Permit History
Residential fence permit approved February 2, 2021.
Zoning History
The subject property was annexed into the City of San Antonio on December 31, 1995 by Ordinance 83133 and was zoned Temporary “R-1” One-Family Residence District. The zoning changed from Temporary “R-1” to “R-1” One-Family Residence District, established by Ordinance 86429, dated August 14, 1997. The “R-1” converted to the current “R-6” single family residential with the adoption of the UDC on May 3, 2001, established by ordinance 83881.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residence |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residence |
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South |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residence |
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East |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residence |
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West |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residence |
Comprehensive Plan Consistency/Neighborhood Association
The subject property is located within the North Sector Plan and is designated “Suburban Tier” in the future land use component of the plan. The subject property is located within the Vista Neighborhood Association, and as such they have been notified of the case.
Street Classification
Vista Run is classified as a Local Road.
Criteria for Review
According to Section 35-482(h) 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 states the Board of Adjustment can grant a special exception for a fence height modification. The additional fence height is intended to provide privacy of the applicant’s property. If granted, this request would be in harmony with the spirit and purpose of the ordinance.
B. The public welfare and convenience will be substantially served.
In this case, these criteria are represented by fence heights to protect residential property owners while still promoting a sense of community. An 8’ fence along the back and side property lines will provide additional privacy and security for the applicant’s property. This is not contrary to the public interest.
C. The neighboring property will not be substantially injured by such proposed use.
The fence will create enhanced security and privacy for the subject property and is 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.
The additional height for the section of side and back yard fence will not alter the essential character of the district and will provide security 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 current zoning permits the current use of a single-family home. The requested special exception will not weaken the general purpose of the district.
0Alternative to Applicant’s Request
The alternative to the applicant’s request is to conform to the fence regulations of the UDC Sections 35-514.
Staff Recommendation
Staff recommends Approval in BOA-20-10300132 based on the following findings of fact:
1. The 8’ fence will be constructed on the back and side property lines; and
2. The additional height will promote the health, safety, and welfare of the community.