TO: Zoning Board of Adjustments Members
FROM: Leslie Statler, Senior City Planner
DATE: 11/11/2021
SUBJECT:
title
ZBA 2021-007
4121 Spanish Trail - FENCE HEIGHT
R-NC
end
BACKGROUND:
Ms. Devra Jamison is requesting a variance to increase the allowed height from 4.5 feet to 6.5 feet within the front yard to accommodate a wooden privacy fence.
Ms. Jamison requested and was approved for a lot combination of 4121 and 4131 Spanish Trail and wishes to construct a privacy fence which would continue the existing 6.5 foot fence of the adjacent parcel to the north. Due to the orientation of the structures on these neighboring parcels, Ms. Jamison’s fence would be subject to a more restrictive fence height requirement than the adjacent property owner is subject to along the same street frontage.
Ms. Jamison’s current parcel(s) are part of a subdivision, Spanish Trail Center, Phase II, which was platted in 1987 and totaled 2.53 acres overall. Based on the size of the original subdivision (greater than one acre in area and more than 200’ of street frontage), Section 12-3-63(b)(1)(c) of the City’s Land Development Code would have allowed for a 6.5 foot fence to be constructed around the perimeter of the property in question. As the majority of the other parcels that originally comprised Spanish Trail Center Phase II were subsequently absorbed and platted into new subdivisions, the only parcels remaining in the subdivision are the ones owned by Ms. Jamison and a City-owned parcel which is currently a retention pond. Due to this, what remains of Spanish Trail Center, Phase II no longer technically meets the size threshold for the perimeter fencing that would have been allowed at 6.5 feet in height along Ms. Jamison’s property line.
The City Engineer and Planning Director conducted a site visit to assess the requested fence, which is proposed along Spanish Trail. It was determined that the requested fence height would not pose a visibility obstruction to an adjacent driveway, as Ms. Jamison has the only driveway facing Spanish Trail at this location, and there are non-access easements in place that would restrict additional driveways being constructed to the north of her property. Based on the unique circumstances of Ms. Jamison’s property, as well as the City owning the entirety of the remaining land area that comprised the original subdivision, the recommended course of action suggested by staff was for Ms. Jamison to seek a variance through the Zoning Board of Adjustment.