To: Zoning Board of Adjustment
From: Patricia Sinel, Senior Planner, and Justin Wilkins, Plans Examiner
Subject:
PUBLIC HEARING: Consider variances to Section 8.11 (C) of the Unified Development Code (UDC). The property is approximately on 0.83-acres, situated southwest of the intersection of Sir Barton Trail and Gallant Fox Trail, legally described as Lot 6, Block D of Gean Estates, zoned SF-36 and addressed as 816 Gallant Fox Trail. Donita Rotherham, Applicant/Owner. (ZBA-21-0005)
Request:
The applicant is requesting a variance to the fence height requirement to allow an eight-foot-tall privacy fence adjacent to Sir Barton Trail. The applicant is also requesting a variance to the four-foot setback from the property line requirement.
Background:
On August 24, 2021, a Stop Work Order was issued regarding the fence at 816 Gallant Fox Trail as it was under construction without a permit.
On August 19, 2021, the Applicant applied for a fence permit (F21-0221) but was denied due to the height of the fence from the grade of the property and for the fence not being at least 4’ from the property line.
On September 10, 2021, a Notice of Violation was sent to fence contractor and the Applicant informing them the fence was in violation of the City of Keller Code of Ordinances as the fence was built without an approved fence permit.
On September 24, 2021, the Applicant applied for variances from the Zoning Board of Adjustment for an eight-foot-tall privacy fence adjacent to the street and for that fence to be located less than four feet from the property line.
This fence and retaining wall are located within the 15’ side yard setback and within the 10’ utility easement.
Why Action is Required:
Section 8.11 (A)(5) of the UDC states variances to fencing requirements may be considered by the Zoning Board of Adjustment. On January 5, 2021, City Council approved Unified Development Code (UDC) amendments to revise residential fence location regulations.
Fence Location:
Section 8.11 (C) of the UDC states fences adjacent to a street must be inset a minimum of four feet (4') from the property line.
The proposed fence (as built) is located on the property line.
Fence Height:
Section 8.11(B) states the maximum height of fences for corner lots are six feet for side fences and rear fences adjacent to a street. Solid fences for side and rear yards may be allowed on the property line when such fence is not adjacent to a street.
The fence height (as built) is eight feet tall from the top of the retaining wall. Height from grade transitions from 8’ to 10’.
Staff Recommendation:
The lot has topography concerns. The lot itself is unique due to the location of the retaining wall adjacent to the sidewalk, along the property line, with the sidewalk at a higher grade than the Applicant’s lot. Removing the fence and insetting the fence 4’ from the property line could create a potentially hazardous drop down from the sidewalk and retaining wall to the Applicant’s lot.
Staff has two recommendations:
• Allow the applicant leave the fence on the retaining wall, but reduce the fence height to 6’.
• Remove the fence from the retaining wall but place the 8’ fence immediately adjacent to the south side of the retaining wall.
Both recommendations would involve transitions between fence panels of different heights for the Applicant’s fence and the adjacent property owner’s fence.
Citizen Input:
On October 15, 2021, the City mailed out Letters of Notification to the 13 property owners within 200’ of the subject property for this Public Hearing. Staff has not received any emails, phone calls, or written letters regarding this item.
Summary:
Section 8.02 (C)(6) of the UDC states that when considering a variance request, the
Zoning Board of Adjustment shall use the following criteria:
1) That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property;
2) That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district;
3) That the relief sought will not injure the permitted use of adjacent conforming property; and
4) That the granting of a variance will be in harmony with the spirit and purpose of these regulations.
Authority of the Board:
Each case before the Board of Adjustment must be heard by at least seventy-five percent (75%) of the Board members-at least. The concurring vote of four (4) members of the Board is necessary to:
1) Approve as submitted.
2) Approve with modified or additional condition(s).
3) Deny.
Supporting Documents:
- Maps
- Staff Attachment
o Application
o Photos