Leon Valley
TX

Ordinance
Ordinance 17-034

Discussion, Presentation, and Possible Action on Fence Variance #2017-001, a Request to Grant a Fence Variance to LVCC Chapter 3, Article 3.05.003, “Dimensions and Appearance,” Subsection (a.1) “Residential Fences,” to Allow Construction of an Eight Foot (8’) Privacy Fence in the Rear Yard at 6806 Sunlight Drive, Being Lot 31, Block 7, CB 4432E, of the Sun Valley Subdivision.

Information

Department:Community DevelopmentSponsors:
Category:Variances

Item Discussion

PURPOSE

 

The purpose of this communication is to discuss and consider a request to allow the construction of an eight (8') foot privacy fence in the rear yard of 6806 Sunlight Drive. The applicant, Ms. Danielle Bolton, has become concerned for the safety of the small children living in four (4) homes adjacent to her property, as they relate to her backyard swimming pool. After observing these neighborhood children’s attempts to climb over the fence, she installed “No Trespassing” signs, “No Lifeguard on Duty” signs, and padlocks on yard entry gates to minimize liability. She would like to remove her six (6) foot fence and install an eight (8) foot fence, to further assure pool security. To our knowledge, she has not notified the Police Department of these trespassing attempts.

 

Ms. Bolton further contends that her rear yard has an elevation variance from the neighbor’s yard, which is lowering the height of the fence on the neighbor’s side, making it easier for the children to climb the fence.

 

Leon Valley City Code Chapter 3, “Building Regulations,” Article 3.05 “Fences, Section 3.05.007 Variances” states that applicants may apply for variances to the six foot fence height limitation and that City Council may in turn, consider such variance requests where strict enforcement due to special conditions or where literal enforcement would result in unnecessary hardship. 

 

Applicant was asked why a pool fence enclosure situated around the pool deck was not considered and the applicant stated that to her, these types of pool enclosures are not aesthetically pleasing. She noted that she does intend to replace her rear yard fence regardless of the outcome of this request.

 

SEE LEON VALLEY

 

Social Equity - it is fair and equitable to offer residents processes and alternatives for variances where conditions exist which require special consideration.

 

Economic Development - Indirectly uniform, well-maintained fences and housing stock add to the attractiveness of a community, which supports potential economic development.

 

Environmental Stewardship - The variance request is not applicable to environmental stewardship.

 

FISCAL IMPACT

 

The applicant paid $200 for the processing of this application. If the fence variance is approved, the owner will need to pay an additional $65 for the issuance of a fence permit.

Document Comments

RECOMMENDATION

 

Approval of this fence variance request is at the discretion of City Council.

 

 

Body

GRANTING FENCE VARIANCE #2017-001 ALLOWING A VARIANCE TO THE RESIDENTIAL FENCE HEIGHT ON CERTAIN PROPERTY LOCATED AT 6806 SUNLIGHT DRIVE UPON APPLICATION BY DANIELLE BOLTON, APPLICANT AND PROPERTY OWNER.

 

WHEREAS, Chapter 245 of the Texas Local Government Code authorizes a municipality to regulate local building permits within the municipality and provide for building ordinance administration, enforcement and amendment; and

 

WHEREAS, the Leon Valley Code of Ordinances Chapter 3 (the “Code”) regulates the administration and enforcement of building regulations within the City; and

 

WHEREAS, the City Council has authority to grant variances to the building regulations of the Code where special circumstances exist and literal enforcement of the Code would result in unnecessary hardship; and

 

WHEREAS, Danielle Bolton, applicant and property owner has applied for a fence variance to allow an 8-foot residential privacy fence; and

 

WHEREAS, the fence variance requested will not adversely affect the character of the area, traffic, public health, utilities, safety and general welfare of the residents of the City of Leon Valley; and

 

WHEREAS, it is the desire of the City Council of the City of Leon Valley to grant Fence Variance #2017-001 allowing a fence variance to the fence height of 6-feet, to allow an 8-foot residential fence height on the property located at 6806 Sunlight Drive upon application by Danielle Bolton, applicant and property owner; NOW, THEREFORE,

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEON VALLEY, TEXAS, THAT:

 

Section 1.              Fence Variance #2017-001 is hereby granted for a variance to residential fence height on Lot 31, Block 7, CB 4432E, Sun Valley Subdivision, generally located at 6806 Sunlight Drive, and more particularly described in the case file of Fence Variance #2017-001, and in accordance with the property owner’s application attached hereto and incorporated herein as Exhibit A.

 

Section 2.               The City staff is hereby authorized to issue said variances when all conditions imposed by the City Council have been addressed and complied with in full.

 

Section 3.  This ordinance is effective immediately upon passage by four (4) affirmative votes; otherwise it is effective on the tenth day after passage hereof.

 

 

Meeting History

Jul 18, 2017 6:00 PM  City Council Regular Meeting

Interim Community Development/Public Works Director Melinda Moritz presented the item on behalf of applicant Danielle Bolton seeking City Council consideration of her request to allow the construction of an eight (8') foot privacy fence in the rear yard of 6806 Sunlight Drive. Ms. Danielle Bolton says she has become concerned for the safety of the small children living in four (4) homes adjacent to her property, as they relate to her backyard swimming pool. After observing these neighborhood children’s attempts to climb over the fence, she installed “No Trespassing” signs, “No Lifeguard on Duty” signs, and padlocks on yard entry gates to minimize liability. She would like to remove her six (6) foot fence and install an eight (8) foot fence, to further assure pool security. To our knowledge, she has not notified the Police Department of these trespassing attempts. Ms. Bolton further contends that her rear yard has an elevation variance from the neighbor’s yard, which is lowering the height of the fence on the neighbor’s side, making it easier for the children to climb the fence.

Interim Community Development/Public Works Director Moritz added that the City of Leon Valley Code of Ordinances Chapter 3, “Building Regulations,” Article 3.05 “Fences, Section 3.05.007 Variances” states that applicants may apply for variances to the six foot fence height limitation and that City Council may in turn, consider such variance requests where strict enforcement due to special conditions or where literal enforcement would result in unnecessary hardship. Applicant was asked why a pool fence enclosure situated around the pool deck was not considered and the applicant stated that to her, these types of pool enclosures are not aesthetically pleasing. She noted that she does intend to replace her rear yard fence regardless of the outcome of this request.

City Council asked Ms. Bolton if she had reported the trespassing to the LVPD to which she responded that she had. LVPD Chief Joe Salvaggio stated he checked with his department and there were no reports made regarding trespassing on said property. Ms. Bolton was also told that the photo that was submitted with this request indicated a violation of standing water as the pool was mostly empty with green standing water in it.

Discussion continued and then a motion was made by Council Member Monica Alcocer and seconded by Council Member David Jordan to deny the variance as requested.

RESULT:DEFEATED [UNANIMOUS]
MOVER:Monica Alcocer, Council Place 3
SECONDER:David Jordan, Council Place 5
AYES:Benny Martinez, David Edwards, Belinda Ealy, Monica Alcocer, David Jordan

Discussion