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5.A.
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| Board of Adjustment |
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| GENERAL INFORMATION: |
Owner / Applicant: Todd Alexander
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| REQUEST |
| Date |
Application Type |
| February 28, 2023 |
Variance Application |
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| PUBLIC NOTICE: |
| The public hearing notice was published in the "San Antonio Express" on April 5, 2023. There were twenty-five (25) notices mailed to surrounding property owners on March 30, 2023. At the time of this staff report, staff has received three (3) responses in favor and zero (0) responses opposed or neutral to the request |
| ITEM SUMMARY: |
The property owner of 4710 Shady Lane and 4715 Troy Lane has requested a variance to UDC Article 9 Section 21.9.8 Screening and Fencing, in order to permit an opaque fence within the front yards of the subject properties.
Article 9 Section 21.9.8 stipulates that a fence in the front yard can be a maximum of four feet (4') in height and shall be non-opaque, decorative fence material. However, the applicant is requesting to install a six foot (6') opaque wood privacy fence in order to increase privacy and security of their property.
The subject properties (4710 Shady Lane and 4715 Troy Lane) are located within the Live Oak Hills Subdivision. This subdivision, although platted property and platted lots do not have water, sewer, and both Shady Lane and Troy Lane are unimproved / undeveloped roadways. The applicant uses the subject properties for residential purposes. |
| SUBJECT PROPERTY GENERAL LOCATION, LAND USE AND ZONING: |
The subject properties are located at 4710 Shady Lane and 4715 Troy Lane, which are part of the Live Oak Hills Subdivision.
| Existing Zoning |
Land Use |
| Single-Family Residential District (R-2) |
Residential |
Adjacent Properties:
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Zoning |
Land Use |
| North |
Single-Family Residential District (R-2) |
Undeveloped |
| South |
Single-Family Residential District (R-5) |
Residential (Carolina Crossing) |
| East |
Undeveloped Right of Way |
Troy Lane |
| West |
Undeveloped Right of Way |
Shady Lane |
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| CRITERIA FOR REVIEW |
According to Unified Development Code (UDC), Article 3, Section 21.3.4.B, in order to make a finding of hardship and grant a variance from the zoning regulations of the UDC, the Board must determine the following:
1. The requested variance does violate the intent of the UDC or its amendments;
The requested variance does violate the UDC based on the maximum allowable fence height and material allowed in the front yard of a residential property. However, based on the properties conditions of being adjacent to undeveloped properties with no current City services (water or sewer), and being located at the terminus of Shady Lane and Troy Lane which are non-constructed streets, and the proposed fence is to ensure privacy and security on the residential property, there is a minimal impact on the adjacent undeveloped properties and the rear properties of the adjacent Carolina Crossing subdivision. Additionally, in 2019 a variance request (BOA2019-002) was approved for 4709 Shady Lane, which is directly across the Shady Lane right of way from the subject properties. This variance granted the property owner the ability to install a six foot tall wood privacy fence in the front yard, which is consistent with the current request for 4710 Shady Lane and 4715 Troy Lane.
2. Special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district;
The subject property does not have any special conditions that would not be applicable to other properties currently zoned Single Family Residential (R-2) zoned properties. However, the Live Oak Hills Subdivision, although a platted subdivision does not have public infrastructure (water, sewer, sidewalks, and paved roadways) that similar platted subdivisions have installed. The subject properties are at the terminus of Shady Lane right of way and Troy Lane right of way. Due to the properties being at the terminus of unconstructed roadways, they should be evaluated differently than a standard residential lot.
3. The hardship is the result of the applicant's own actions; or
The property owner is requesting the increased height and opaque fence material (6 foot tall wood privacy fence). Per the variance justification letter submitted by the applicant the desire to have the opaque fence in the front yard is to increase privacy and safety with the newly created City of Schertz walking trail which is approximately 55 feet from the subject properties. However, based on the previous variance case in 2019 being granted, and being for the property across Shady Lane right of way, the proposed variance request would be consistent with what is already occurring in the area.
4. The interpretation of the provisions in this UDC or any amendments thereto would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions.
Although utilizing the UDC in its strict interpretation would be consistent with allowable fence in other areas in the City of Schertz, the two subject properties are unique in nature. The subject properties are at the terminus of two roadways that have not been constructed, there is no water or sewer facilities in the area, and the City of Schertz recently constructed a walking trail in the area. The subject properties are in between the City of Schertz trail and the rear of the Carolina Crossing Subdivision, which make them unique in nature compared to other properties with the same zoning designation. |
| STAFF ANALYSIS AND RECOMMENDATION: |
Staff recommends approval of PLVAR20230038, if approved the variance would allow for the desired privacy fence in the front yards of 4710 Shady Lane and 4715 Troy Lane. In addition, it would allow the entirety of these lots to have a consistent 6 foot high, opaque (wood privacy fence) which would provide the desired safety and security of the property owner. The proposed fence is consistent with the fence located at 4709 Shady Lane (directly across Shady Lane right of way) that previously received a variance for the fence material. The proposed variance and desired fence would pose a minimal to no impact on the adjacent property owners (the City of Schertz, and the rear of adjacent lots in Carolina Crossing). Additionally, the wood fence would eliminate the current wire fence with black material (as shown in the photos provided by the applicant) and would increase the aesthetic quality of the fence for those utilizing the walking trail while providing the privacy desired by the property owner. Staff recommends approval of PLVAR20230038, to allow a 6 foot high wood privacy fence in the front yards of 4710 Shady Lane and 4715 Troy Lane.
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