Leon Valley
TX

Ordinance
Ordinance 17-044

Presentation, Discussion and Possible Action to Approve an Ordinance Granting a Variance to Chapter 3 Building Regulations, Article 3.05 Fences, Section 3.05.003 Dimensions and Appearance, (a) Residential Fences, to Allow a Three Foot Four Inch Tall Fence in the Required Front Yard, at the Request of Property Owner Marko Mendez, to be Located at 7417 Linkwood Drive

Information

Department:Public WorksSponsors:
Category:Variances

Item Discussion

PURPOSE

 

To consider approval of a request by Marko Mendez, property owner at 7417 Linkwood, for a variance to Chapter 3 Building Regulations, Article 3 Fences, Section 3.05.003 Dimensions and appearance, (1), which states:

 

“Residential fences shall not exceed six (6) feet in height in the side or rear yards or three (3) feet in the front yard. The finished side shall face toward the public viewpoint or public right-of-way.”

 

Mr. Mendez would like to install “no dig”, wrought iron, ornamental fencing along both sides of his front yard. The fencing comes pre-manufactured in 40” high segments, which is four inches (4”) higher than the maximum three foot (3’) high regulations. The decorative finials along the top of the fencing make it higher than what is allowed by code.

 

Per Leon Valley City Code, Sec. 3.05.007 the city council may authorize a variance from these regulations. The conditions for granting such variance must include at least one of the following:

 

(1)     There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of this land;

 

(2)     The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and

 

(3)     The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area.

 

Variances may be granted only when in harmony with the general purpose and intent of this article so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the applicant, standing alone, shall not be deemed to constitute undue hardship.

 

SEE LEON VALLEY

 

Social - Decorative wrought iron fencing materials may be more aesthetically pleasing than wood and may assist in enhancing the neighborhood.

 

Economic - N/A

 

Environmental - metal fencing is more environmentally friendly than wood, as it will last longer than a wood fence.

 

FISCAL IMPACT

 

If approved, the applicant will have to acquire a permit and the fee for this permit is $65.00.

 

Document Comments

RECOMMENDATION

 

Staff recommends approval of the variance, as the fencing is typically sold at 40" heights and the request for a variance of the four inches that exceed code requirements is the minimum needed to afford the property owner some relief from the requirements of the code. The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area.

 

Staff also recommends amending the code in the future to allow for decorative elements, not to exceed 6” in height.

 

Body

GRANTING A VARIANCE TO CHAPTER 3 BUILDING REGULATIONS ARTICLE 3 FENCES, SECTION 3.05 FENCES, SECTION 3.05.003 DIMENSIONS AND APPEARANCE, (a) RESIDENTIAL FENCES, TO ALLOW A THREE FOOT FOUR-INCH-HIGH FENCE IN THE FRONT YARD, AT THE REQUEST OF PROPERTY OWNER MARKO MENDEZ AND LOCATED AT 7417 LINKWOOD DRIVE.

 

WHEREAS, Mr. Marko Mendez, property owner, has requested a variance from the Leon Valley Code in order to construct a three foot four 4-inch-high fence in the front yard of his home at 7417 Linkwood Street, and

 

WHEREAS, Mr. Mendez’s proposed fencing is only available in three foot four-inch-high sections and the top four inches is part of a decorative element of the wrought iron fencing, and

 

WHEREAS, the Leon Valley City Council may authorize a variance from the fencing regulations when, in its opinion, undue hardship will result from requiring strict compliance; and

 

WHEREAS, the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; NOW THEREFORE

 

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

 

Section 1.              Mr. Mendez is hereby granted a variance to install a three foot four-inch-high fence on each side of his front yard, located at 7417 Linkwood Street.

 

Section 2.              All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict.  All provisions, sections and sub-sections set forth in Article 3 not revised or amended herein shall remain in effect.

 

Section 3.              This Ordinance shall be effective immediately upon passage by four (4) or more affirmative votes; otherwise, it shall be effective on the tenth (10th) day after passage.

 

Meeting History

Aug 15, 2017 6:00 PM  City Council Regular Meeting

Interim Community Development Director Melinda Moritz presented the item seeking City Council consideration of a request by Marko Mendez, property owner at 7417 Linkwood, for a variance to Chapter 3 Building Regulations, Article 3 Fences, Section 3.05.003 Dimensions and appearance, (1), which states: “Residential fences shall not exceed six (6) feet in height in the side or rear yards or three (3) feet in the front yard. The finished side shall face toward the public viewpoint or public right-of-way.” Interim Community Development Director Moritz said Mr. Mendez would like to install “no dig”, wrought iron, ornamental fencing along both sides of his front yard. The fencing comes pre-manufactured in 40” high segments, which is four inches (4”) higher than the maximum three foot (3’) high regulations. The decorative finials along the top of the fencing make it higher than what is allowed by Code.

Interim Community Development Director Moritz concluded the presentation saying that staff recommends the approval of the variance, as the fencing is typically sold at 40" heights and the request for a variance of the four inches that exceed Code requirements is the minimum needed to afford the property owner some relief from the requirements of the Code. The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area. Staff also recommends amending the Code in the future to allow for decorative elements, not to exceed 6” in height.

A motion was made by Council Member David Jordan and seconded by Council Member Benny Martinez to approve the variance as recommended by staff.

RESULT:ADOPTED [UNANIMOUS]
MOVER:David Jordan, Council Place 5
SECONDER:Benny Martinez, Mayor Pro Tem
AYES:Benny Martinez, Belinda Ealy, David Jordan

Discussion