To: Mark R. Hafner, City Manager
From: Scott Bradburn, Planner I
Subject:
Title
Consider a resolution for two (2) variances to the Unified Development Code, the first being Section 8.11, Fencing Requirements in Residential Zoning Districts, to allow a six-foot (6’) and eight-foot (8’) privacy fence, approximately one hundred forty-five linear feet (145’) total, on the north and south property lines, in front of the primary structure; and the second variance being UDC, Section 5.07, Driveways, Residential Driveway Approaches, to allow one (1) additional residential driveway to be constructed onto Preston Road, in addition to the current driveway that accesses Buckner Lane, located on 3.0-acres, on the west side of Buckner Lane, being Lot 1, Block 1, Mabel Matthews Addition, at 8705 Buckner Lane, and zoned SF-36 (Single Family Residential - 36,000 square-foot lot size minimum). Davis Tyson, owner. (UDC-19-0003). City of Keller Unified Development Code.
Fence Variance Background:
• The subject property was platted LD-R (Low Density-Residential) and approved by the Planning and Zoning Commission on December 19, 1983. The land was originally annexed by the City of Keller in 1969, Ordinance 61-63.
• On July 7, 2015, the property was rezoned SF-36 (Single Family Residential - 36,000 square-foot lot size minimum) from LD-R (Low Density-Residential).
• The home was constructed in 1985 and the improvements were recorded with the Tarrant County Appraisal District.
• The application to construct a fence was submitted on February 20, 2018. This application did not involve the areas in question for a fence variance. The area did show a proposed driveway with gate access off Preston Road. The application was denied on March 06, 2018 due to a drive gate adjacent to Preston Road which would dictate the lot is a double frontage lot, and as such would not be allowed a 6’ privacy fence.
• A second fence application was completed on March 20, 2018. This application included a rendering of the locations of the 6’ and 8’ privacy fence, shown on the north and south property lines in the front of the home. This was placed on hold until staff had a chance to speak with the applicant.
• On March 28, 2018, the applicant was contacted by the Staff and was informed as to what was permitted. The applicant stated he was going to keep the existing fence along his street frontage off Preston Road, and therefore, is not changing out the existing fence on the west side of the property. The application was denied by Staff.
• Sometime between March 28, 2018 and January 15, 2019, the applicant had a cedar, board on board, combination 6’ and 8’ privacy fence, constructed on the north and south property lines in the front of his home in spite of a denied application.
• On January 24, 2019, upon further review, the Director of Public Services rescinded the denial of the permit application dated March 28, 2018. Code Enforcement contacted the applicant to come in and update the original permit. There were discrepancies due to current photos of the property showing the privacy fencing in front of the home, which is not allowed by Code.
• The applicant arrived at Town Hall on January 25, 2019 and met with Code Enforcement. He submitted a rendition of what had already been built. Code Enforcement told the applicant he was not in compliance with the previously supplied application nor the UDC for the privacy fencing in the front yard on the north and south property lines.
• The applicant let Staff know his intentions to apply for a variance application on January 25, 2019. The applicant was contacted later by Staff and told the fence variance would be added to his original application for a driveway variance.
Driveway Variance Background:
• The applicant initially made a visit to Town Hall to speak with engineering about pouring a driveway and tying into city sewer. Engineering was sent an e-mail in reference to the visit on February 8, 2018.
• The applicant e-mailed staff on February 23, 2018 explaining the need for an additional driveway off Preston Road. The e-mail also explains proposed future additions to the house, and putting a 45 foot (45’) 5th wheel on the property, specifically accessing the second driveway in order to pull the trailer onto the property.
• Staff had a DRC meeting on Thursday, March 1, 2018. The matter with the driveway was discussed with staff in the meeting. The UDC allows for a waiver by DRC to be considered on a case-by-case basis. The consensus by DRC members was to not allow the driveway as it is a “created hardship” and the UDC does not allow this per Section 5.07 (A.1).
• The applicant e-mailed staff prior to March 7, 2018 and stated he was going to apply for a variance, however an application was not submitted in 2018.
• The applicant attended a DRC meeting prior to July, 2018. Staff explained to the applicant, the only option was to complete an application for a variance.
• During the time period from July, 2018 through January, 2019, the applicant began constructing the proposed driveway for which he was seeking city approval. The driveway stops short of the ornamental gate which fronts Preston Road by approximately fifteen feet (15’). Flatwork does not require a permit and is permissible.
• The applicant attended a DRC meeting on July 26, 2018. DRC listened to the applicant, as the proposal was in reference to cutting the curb at Preston Road, selling off a portion of his land, and building an add-on to his existing home. The applicant has provided similar responses in reference to the driveway during previous meetings.
• DRC had a minimum of three meetings with discussion about the driveway and allowing access onto Preston Road with the new driveway. In addition, phone calls and e-mails were exchanged, explaining he could not access Preston Road without a variance being recommended for approval by P&Z and final approval by City Council, and/or replatting the property, or possibly rezone.
• In January, 2019, a masonry wall was being constructed which would encompass the electronic gate access onto Preston Road. During this time the applicant completed an application for a variance proposing a second driveway which would access Preston Road.
Analysis:
The purpose of this UDC variance request is to allow a combination six-foot (6’), and eight-foot (8’), approximately one hundred forty-five linear feet (145’), board on board privacy fence in the front yard or in front of the primary structure, contrary to Section 8.11 (G.2) of the UDC which requires;
The maximum height requirements, as measured from the grade of the property, shall be five feet (5’) for the front yard or in front of the main structure in SF-36 zoning district if constructed of split rail, ornamental metal, tubular steel, or similar open face material.
Variance Request:
1. To allow a variance to exceed the maximum five feet (5’) in height. The applicant wishes for the fence to be a combination of six feet (6’), and eight feet (8’) in height.
2. To allow a board on board, cedar, privacy fence in front of the primary structure, on the north and south side of the residence running a total of approximately one hundred forty- five linear feet (145’).
• The applicant’s property lines on the north and south sides are approximately four hundred seventy-six feet (476’) in length. The applicant’s installed combination (6’) and (8’) privacy fencing is approximately (145’).
• Many of the properties on Buckner Lane having neighbors to the north and south have either open fencing (ornamental iron, split rail, or a permitted wire fencing), or no fencing. Several of the properties along Buckner Lane have had current fencing in place for many years.
• The purpose of this UDC variance request is to allow one (1) additional residential driveway to be constructed onto Preston Road, in addition to the current driveway that accesses Buckner Lane, contrary to Section 5.07 (A.1) of the UDC which states;
Residential driveways shall be permitted onto residential streets only, unless an access from a residential street is not available. This may be waived by DRC on a case-by-case basis for reasons of hardship not created by the applicant, nor solely financial in nature.
Variance Request:
1. To allow one (1) additional residential driveway to be constructed onto Preston Road, a three lane collector, in addition to the current driveway that accesses Buckner Lane, a residential street.
• The applicant has stated that when the Keller Fire Department has to respond to a medical emergency on Buckner Lane, they must back out of Buckner Lane when they leave because there is no turn-around and the road is too narrow. The Fire Department has responded to calls on Buckner Lane. If it is not a medical related call, the engine or ladder truck would have to back out. The Fire Department states there is no issue with backing out of Buckner Lane and there are other locations in Keller where they have to back out.
• Buckner Lane is approximately twenty feet (20’) in width. The applicant’s ornamental access gate fronting Buckner Lane is approximately 7’ to 8’ off the roadway. The applicant states he wants to put his (45’) 5th wheel trailer on his property. He says he cannot get his trailer on his property from Buckner Lane due to the narrow roadway. It is also stated the Fire Department and Police Department would have easier access to his property off Preston Road. No other properties front Buckner Lane, which also abut Preston Road, and have driveway access to Preston Road. No properties fronting Preston Road are large enough to abut Buckner Lane.
UDC Variance Summary:
The applicant has met the requirements of the UDC variance application. UDC Section 2.07 (A.2) states that no variance shall be granted unless City Council finds:
1. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Code would deprive the applicant of the reasonable use of his land.
2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other properties in the area.
3. That the granting of the variance will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this Code
4. That the granting of the variance will not constitute a violation of any other valid ordinance of the City of Keller.
5. That strict compliance with the regulations, and/or that the purpose of the regulations will be served to a greater extent by the alternative proposal.
Citizen Input:
A UDC variance application does not require a public hearing, so no public hearing notifications were sent out to the surrounding property owners for this request.
Professional Analysis:
There are no special circumstances or conditions affecting the land in such a way that provisions of the code would deprive the applicant of the reasonable use of the land. Staff has seen the properties which front Buckner Lane and property lines on the north and south sides have open fencing or are absent of fencing. Staff can visually see the open space associated with the lots off Buckner Lane and as stated in the UDC for SF-36 zoning, encourage more open space and characteristics of semi-rural areas. The applicant’s fencing does not blend with the open space atmosphere and is not comparable to the surrounding properties.
In regards to the driveway access onto Preston Road, due diligence on the part of the applicant should have been done to determine if a large trailer would be able to access the property off of Buckner Lane, regardless if the trailer was bought before the purchase of the property or after the purchase of the property.
In addition, after several DRC meetings were held and the applicant was made aware of the decision not to grant the request for the additional driveway allowing access onto Preston Road, the applicant began to pour the flatwork for the driveway and it is evident, the intention is to access Preston Road. The applicant is not being deprived of the reasonable use of his land and the alleged hardship is self-created.
Staff forwards this UDC variance request to the City Council for their consideration as presented with the following conditions:
1. To allow a variance to exceed the maximum five feet (5’) in height. The applicant wishes for the board on board, cedar, privacy fence to be a combination of six foot (6’) and eight foot (8’) in height in front of the primary structure.
2. To allow a variance to construct a secondary residential driveway to access Preston
Road, a three lane collector road.
Alternatives:
City Council has the following options when considering a UDC Variance application:
• Approve as submitted (with conditions and variances)
• Approve with modifications or additional condition(s)
• Table the agenda item to a specific date with clarification of intent and purpose
• Deny
Board Action:
The Planning and Zoning Commission took action on this agenda item on February 11, 2019 and recommended approval of both variances by a vote of (6-1), Nay (Osgood).