To: Mark Hafner, City Manager
From: David Hawkins, Planning Manager
Subject:
Title
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 0.268-acres, on the northwest corner of Sagebrush Trail and Rawhide Path, being Lot 9, Block E, Newton Ranch Phase 2A, at 1529 Sagebrush Trail, and zoned PD-SF-8.4 (Planned Development - Single Family Residential - 8,400 square-foot lot size minimum). Peggy and Charles Rouh, owners/applicants. (UDC-17-0013)
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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 Newton Ranch Phase II was approved on October 6, 2009 by Ordinance No 1478.
The construction of the house was completed in March 2011. The fence permit was approved with the wrought iron fence placed eight feet (8’) from the inside edge of the sidewalk. The fence was installed on the east property line.
Analysis:
The purpose of this UDC variance request is to allow a six-foot (6’) wrought iron fence to remain on the side yard property line. The subject property is a corner lot with street frontage to the south and east.
The original fence permit submitted with the building permit showed a six foot (6’) high wrought iron fence on the property line with a note from staff stating that the fence could not be closer than eight feet (8’) from the inside edge of the sidewalk. The details included with the civil plans and the City standards call for the sidewalk to be placed one foot (1’) from the property line adjacent to the ROW. The UDC stated at the time that a wrought iron or open type fence could be placed eight feet (8’) from the property line. If the permit was approved measuring the location of the fence eight feet (8’) from the sidewalk, the fence would be seven feet (7’) from the property line and still in violation of the UDC requirements.
As part of City policy regarding fence inspections, staff has been reviewing fence permits that have not been closed or which have not received an inspection. The fence permit approving the subject fence did not have an inspection in 2011, when the house was completed. On May 23, 2017 staff sent a notice of violation to the current property owner after receiving a complaint.
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, on the east property line.
Surrounding Zoning & Land Uses:
All adjacent properties are within the Newton Ranch II subdivision.
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 on the east 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 SF-8.4 zoning requirements regarding lot width, depth, and area. The planned development standards for Newton Ranch Phase II do not address fence locations. Staff has not identified any special restrictions with the property or the UDC affecting the location of the fence.
The fence of the adjacent property to the north is a wooden fence and has been placed at the building line.
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 fence is a wrought iron fence and the back yard is screened from view by live screening and landscaping. Two other properties south of the subject property (1528 Sagebrush and 1529 Wagonwheel Trail) had their fences installed on the east property lines and were also sent a Notice of Violation. The fences for these properties have since been moved to be in compliance with the UDC residential fencing regulations.
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 the fence should be relocated to eight feet off the property line as required by the UDC. The UDC already allows for wrought iron or open type fencing to be located closer to the property line, up to eight feet (8’) without a variance.
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 on the east property line to be considered.
Board Review:
The Planning and Zoning Commission met on July 10, 2017 and provided a recommendation to approve by a vote of 5-2 with the following condition:
1. The variance request for a six-foot (6’) height wrought iron fence to be located on the east property line shall be allowed.
City Council Action:
The 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