To: Zoning Board of Adjustment
From: Justin Wilkins, Building Official (BO)
Title
PUBLIC HEARING: Consider an application requesting a variance to
the City of Keller Unified Development Code Section 9.08.(F) in the Unified Development Code which states wood, barbed wire, or chain link fencing is prohibited unless specifically requested on a site plan and approved by the City Council. When a site plan is not applicable, the Zoning Board of Adjustment may consider variances to this requirement. The property is on approximately 0.9348-acres, legally described as Lot 11R, Block 2, of Needham Samuel Addition, zoned Retail and addressed as 363 Keller PKWY. Colby Coward, Applicant. (ZBA-2610-0009)
Body
Request:
The Applicant is requesting a variance to allow for a replacement of an existing wood fence, in the Retail Zoning District.
Background: The Applicant/Owner applied for a fence permit to replace the old wood fence behind the building adjacent to residential zoning with a new wood fence. Applicant/Owner was notified they would need to request a variance for the type of materials wanting to use for the construction of fence. On October 07, 2026, applicant applied for ZBA Application.
UDC Section 9.08 - Fencing requirements in Multi-family and non-residential districts, subsection (F) states “wood, barbed wire, or chain link fencing is prohibited unless specifically requested on a site plan and approved by the City Council. When a site plan is not applicable, the Zoning Board of Adjustment may consider variances to this requirement.”
Citizen Input:
On October 21, 2026, the City mailed out 45 Letters of Notification to all property owners within 200’ of the subject property for this Public Hearing.
Staff has not received any response from the public regarding this request.
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
Supporting Documents:
• Maps
• Staff Attachment - Application and information
• Staff Attachment - Staff Photos