11-29-12 Special Called Meeting of the Zoning Board of Adjustment

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Staff Report November 29, 2012 Variance Request #12-93000008 Requested by: Rod and Lythia Powell (Property Owners) Requested for: A fence to be allowed within the front yard setback Legal Description: Lots 11-14, Block 8, Sylvan Beach Subdivision Location: 100 Park Drive Zoning: Low Density Residential (R-1) Background: Applicants are requesting a variance to allow a 5' high ornamental aluminum panel fence to be erected within the front yard setback of their house at 100 Park Drive. The fence will be constructed around the perimeter of the house including front yard and gate across the driveway along Park Drive. The fence will be placed behind existing tress and landscaping within the front yard setback. Per HCAD records, the house was built in 1980 with 3,566 square feet of living area on 40,400 square feet of total land area. The property is almost one acre in size bounded by a wooded area and Little Cedar Bayou on the south. The house faces west to a wooded area across the street. The properties to the north and east are already fenced. The applicants desire a fence and gate for security reasons. However, the Code of Ordinances prohibits a fence placed within the front yard setback in all zoning districts except Large Lot residential (greater than 1 acre) and lots directly adjacent to Galveston Bay. Staff analyzed the surrounding area and based upon site inspections, the following is noted: • The existing block containing the residence has no existing fences in the front yard setback. • The proposed fence would extend to the southwest corner of the existing fence of the adjacent property to the north. • The front portion of the fence will be to the east of the roadside ditch behind existing landscaping. The standard front yard setback requirement in residential zones for single family detached dwellings is 25'. Per Section 106-791 of the Code of Ordinances, no fence, structure, grading, or barrier hedges shall be permitted within any front yard areas except in the case of Large Lot residential with one acre in size or larger.