To: Zoning Board of Adjustment
From: Justin Wilkins, Building Official
Subject:
Title
PUBLIC HEARING: Consider a variance to Section 9.07(B)(1)(a) of the City of Keller Unified Development Code (UDC), which states the maximum fence height for interior or side yards is eight (8) feet, to allow the existing fence of approximately 11.5 feet to remain as built, for an approximately 0.4329-acre lot, legally described as Lot 1, Block A, Closner Addition, zoned Single-Family Residential - 36,000 square-foot minimum lots (SF-36) and addressed as 1134 Blackwood Drive. Brandon Closner, Applicant/Owner. (ZBA-2609-0007)
Action Requested:
Section 9.07(B)(1)(a) of the City of Keller Unified Development Code (UDC) states the maximum fence height for interior or side yards is eight (8) feet. The Applicant is requesting to allow an existing fence, measuring approximately 11.5 feet in height measured from grade, to remain.
Background:
May 14, 2026: Applicant submitted a permit for an interior fence that had recently been installed on top of an existing deck. Staff inspected the property the same day and measured the fence at approximately 11.5 feet tall from the ground as shown in the Staff Attachment images included in the agenda packet).
June 9, 2026: Staff confirmed with the Applicant that the built deck could not be used as the base grade for fencing.
UDC Section 9.07(B)(1)(f) states that, in relation to maximum height of fences for corner lots, “Special exceptions for fence heights over these maximums may be made for properties of exceptional topography or necessary finished floor elevations to aid in screening when standard fence heights are inadequate. The determination will be made by the Director of Community Development or his/her designee.”
After reviewing the location of the fence in question, and the perimeter lot fence built in 2023, staff did not find the topography justified an exception from the Director, but let the Applicant know they could seek a variance from the ZBA for the fence height.
Citizen Input:
On September 23, 2026, the City mailed out 19 Letters of Notification to the property owners within 200’ of the subject property for this Public Hearing.
Summary:
Section 8.02 (C)(6) of the UDC states that when considering a variance request, the following 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. 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