To: Mark Hafner, City Manager
From: David Hawkins, Planning Manager
Subject:
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Consider a resolution approving a variance to the Unified Development Code, Section 8.11, Fencing Requirements in Residential Zoning Districts to allow a six-foot (6’) wrought iron fence to encroach into the side yard building setback of a single-family residential property, located on 0.136-acres, on the southeast corner of Bear Creek Parkway, and Laurel Lane, being Lot 1, Block B, Creekview Phase II, at 8845 Laurel Lane, and zoned PD-PH (Planned Development - Patio Home). Zhangyi He, owner/applicant. (UDC-17-0011).
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Action Requested:
Consider a resolution approving a variance to the Unified Development Code, Section 8.11, Fencing Requirements in Residential Zoning Districts to allow a six-foot (6’) wrought iron fence to encroach into the side yard building setback of a single-family residential property.
Background:
The zoning for Creekview Phase II was approved on September 4, 2012 by Ordinance No 1622. The concept plan shows a wrought iron fence along the rear of the subject property adjacent to the open space and continuing to the southern edge of the right of way. All streets within the Creekview II subdivision are private streets.
The construction of the house was completed in April 2016. The fence permit was approved with a wrought iron fence placed eight feet (8’) from the property line.
Analysis:
The purpose of this UDC variance request is to allow a six-foot (6’) wrought iron fence to remain approximately one foot (1’) from the side yard property line. The subject property is a corner lot with street frontage to the north and west. The fence is currently installed on top of a retaining wall.
The original fence permit submitted on February 17, 2016 was reviewed by staff and denied. The fence was installed at the incorrect location. Staff reached out to the contractor in February 24, 2016 and was informed by the contractor that the fence would be moved to the correct location.
Staff followed up with this permit on May 16, 2017 and found that the fence was not relocated. A code compliance case was initiated and the new owner of the property was contacted.
Residential Fencing Requirements:
Section 8.11 (L.1) states that on corner lots, the location of the fence must be in accordance with the building setback line as shown on the plat. The fence may be placed up to eight feet (8’) off the side yard property line if the fence is constructed of ornamental metal, tubular steel, or similar material with live screening.
Variance Request: The applicant is requesting to allow an existing six-foot (6’) wrought iron fence to remain at the current location, approximately one foot (1’) off the north side yard property line.
Surrounding Zoning & Land Uses:
All adjacent properties are within the Creekview Phase II subdivision. The open space lot to the east of the subject property is adjacent the City of Southlake.
Variances Requested:
The applicant is requesting one (1) variance to the UDC:
1. To allow a six foot (6’) high wrought iron fence to be located approximately one foot (1’) from the north side yard property line.
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 the Planning and Zoning Commission and 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.
The lot meets the Creekview PD requirements regarding lot width, depth, and area. Staff has not identified any special restrictions with the property or the UDC affecting the location of the fence.
Bear Creek Parkway terminates into a dead end at the boundary of the flood plain. The portion of Bear Creek Parkway in Creekview is a private street, maintained by the Creekview HOA. There is a housing development in Southlake which extends to the opposite edge of the floodway. It is not likely that Bea Creek Parkway would be extended due to its status as a private street and location of the floodway and other residential developments.
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.
Staff does not believe that granting this UDC Variance would affect the health, safety, or welfare to neighboring properties.
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.
The proposed fence would not have any impact on the orderly subdivision of other lands in the area.
4. That the granting of the variance will not constitute a violation of any other valid ordinance of the City of Keller.
Granting of this variance would not violate any other 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.
The purpose of restricting a side yard fences on corner lots to the building line is to preserve an open aesthetic along the public right of way.
The portion of Bear Creek Parkway within Creekview Phase II is a private street. The fence adjacent to the open space is allowed to continue to the southern edge of the right of way. If the UDC requirements for the wrought iron fence were followed the open space fence would remain and the section of fence parallel to Bear Creek Parkway would be moved eight feet (8’) from the property line. An eight foot (8’) segment of the open space fence would then protrude into the side yard, instead of functioning as part of an enclosure.
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. There has been no response from the public to this application. The public will have an opportunity to speak on this agenda item at the “Persons To Be Heard”.
Professional Opinion:
It is the opinion of staff that in this specific case, allowing the fence to remain would be more aesthetically pleasing then requiring the fence to be placed eight feet (8’) from the property line. The adjacent street is private and dead ends into a flood plain. Further development of homes or the continuation of Bear Creek Parkway is unlikely.
Staff forwards this UDC variance for consideration by City Council with the following condition:
1. The variance request for a six foot (6’) height wrought iron fence to be located approximately one foot (1’) from the north side yard property line to be considered.
Board Review:
The Planning and Zoning Commission considered this item during their regular meeting on June 26, 2017 and voted unanimously (4-0) to recommendation approval of this UDC variance request with the following condition:
1. The variance request for a six foot (6’) height wrought iron fence to be located approximately one foot (1’) from the north side yard property line shall be allowed.
City Council Action:
City Council has the following options when considering a UDC Variance request:
- Approve as submitted (with requested variances)
- Approve with modified or additional condition(s)
- Tabling the agenda item to a specific date with clarification of intent and purpose
- Deny