To: Planning and Zoning Commission
From: Sarah Hensley, Assistant Community Development Director
Subject:
Title
Consider a request for a variance to the City of Keller Unified Development Code, Article 8, Zoning Districts, Development Standards, Tree Preservation, Section 8.13 - Screening Wall Requirements for the Harmonson Farms Homeowners Association, legally described Lot 10, Block G and Lot 3, Block I of Harmonson Farms, zoned Single Family-Mixed Density (SF-MD) - Planned Development 1032, and addressed as 800 Norma Lane and 205 Foxcroft Court, Harmonson Farms Homeowners Association, Owner/Applicant. (UDC-22-0011)
Background:
Section 8.13 (B) requires screening walls between non-residential developments and single-family residential uses or zoning districts, and places the screening wall construction responsibility on the non-residential development.
The Harmonson Farms subdivision was platted in 2001. Plans for the subdivision included a screening fence adjacent to Sutton Industrial Addition to the west.
In 2013, City Council approved a variance for Shannon Brewery to waive the masonry screening wall requirement for their site plan and retain the existing 10’ solid metal wall along the east property line (which had been constructed by the Harmonson Farms HOA sometime prior to 2013 (Resolution 3464). In the interim, the metal screening has deteriorated and been damaged to a point that it is considered dilapidated and must be replaced. However, due to the unique sequence of development in this area, the HOA bears responsibility for the repair/replacement of the fence rather than the commercial development (Shannon Brewery).
The applicant is requesting a variance to UDC Section 8.13 (A), which states:
Screening walls shall be constructed of masonry material such as brick, stone, concrete panels, or similar materials consistent in material, finish, and color with the primary buildings within the development or adjacent buildings in the area. Screening walls shall be a minimum of six feet (6') in height. An eight- foot (8') wall may be required on a case-by-case basis at the time of the site plan review. The wall finish shall be consistent on both sides.
Screening Wall Size and Material:
Harmonson Farms HOA proposes removing approximately 175 linear feet of the existing, damaged metal screening and replacing it with an 8’ tall stained cedar fence with a cedar cap. The proposed cedar fence would have spaces between the pickets. (See Application and Narrative.)
Variance Requested:
1. To allow Harmonson Farms Homeowners Association to construct an 8’ tall cedar fence in lieu of the required masonry screening wall along the western edge of 800 Norma Lane and 205 Foxcroft Court.
Summary:
Section 2.07 (A)(2) of the UDC states that when considering a variance request, the Planning and Zoning Commission and City Council shall consider the following factors:
a. 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.
b. 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.
c. 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.
d. That the granting of the variance will not constitute a violation of any other valid ordinance of the City of Keller.
e. 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 Request application does not require a public hearing. The public will have an opportunity to speak on this agenda item at the “Persons to Be Heard.”
Alternatives:
The Planning and Zoning Commission has the following options when considering a UDC variance request:
• Recommend approval as submitted (with requested special exception).
• Recommend approval with modified or additional condition(s).
• Table the agenda item to a specific date with clarification of intent and purpose.
• Recommend denial.
City Council Action:
If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, then this UDC variance application will be scheduled for City Council action on December 20, 2022.
Supporting Documents:
• Aerial and Zoning Maps
• Application and Narrative
• Staff Attachment - Photos