Title
To receive public comment and consider a Variance to Subchapter 11.9 Fence and Wall Standards, for a proposed wood fence to be constructed on property zoned Multi-Family 10 (MF10) district. (BOA2026-00020)
Summary
The subject property is located at the southwest corner of the Kelly Lane and Weiss Blvd. intersection. The property lies just east of an existing assisted living facility, with a second facility currently under construction. Subchapter 11.9 of the Unified Development Code (UDC) identifies fences and walls shall be constructed of high quality materials, such as brick, stone, masonry fencing, stained cedar wood, and wrought iron. Table 11.9 specifies which types of fencing materials are permitted and prohibited based on the land use. While townhomes in other zoning districts would be allowed wood privacy fences, the MF10 district does not allow for the same fence type, although the use of the property is the same. The applicant has proposed a variance to allow for a six (6) foot tall wood fence to be allowed to be constructed between the units, obscured by the limestone subdivision wall along the exterior perimeter of the property.
The Board of Adjustment shall consider the following criteria in determining whether a zoning variance request is warranted:
(a) The variance is not contrary to the public interest;
(b) Due to special conditions, a literal enforcement of the chapter would result in an unnecessary hardship; and
(c) By granting the variance, the spirit of the ordinance is observed and substantial justice is done.
Staff Recommendation
Per section 3.15.3 of the Unified Development Code, the Board of Adjustments must find all of the criteria has been satisfied. Staff has provided responses to each requirement, written in italics.
A. Extraordinary Conditions: That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Unified Development Code will deprive the applicant of the reasonable use of their land. For example, a Variance might be justified because of topographic or other special conditions unique to the property itself and development involved, while it would not be justified due to inconvenience or financial disadvantage. Staff cannot substantiate the finding that there are extraordinary or special conditions affecting the land. However, the code allows for privacy fencing for this development type if the underlying zoning district was Single-Family Mixed Use (SF-MU) which allows for the same use and housing type.
B. No Substantial Detriment: That the granting of the variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area or to the City in administering this Code. The proposed Variance will not impact the public health, safety or welfare of the residents of Pflugerville.
C. Other Property: That the conditions that create the need for the variance do not generally apply to other property in the community. The code allows for privacy fencing for this development type if the underlying zoning district was Single-Family Mixed Use (SF-MU) which allows for the same use and housing type.
D. Applicant’s Actions: That the conditions that create the need for the variance are not the result of the applicant’s own actions. The applicant is requesting the same fence options as otherwise provided to a similar housing development type in Pflugerville.
E. Comprehensive Plan: That the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code Staff confirms granting the requested Variance would not impact the goals set forth in the 2040 Aspire Comprehensive Plan as the Variance does not alter the land use.
F. Utilization: That because of the conditions that create the need for the variance, the application of this Code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. While development complies with all other code requirements, this variance request it to provide future residents additional privacy in the rear yards.
The applicant has identified a nuance in the adopted code standards, that in one district with the same townhome/quad-plex residential use, the use of wood privacy fences would be allowed. The proposed fence will be generally consistent with other residential properties in Pflugerville and not anticipated to be contrary to public interest. The proposed privacy fences and subdivision wall are expected to be maintained by the property owner.
If the Board is to recommend approval, the following conditions are encouraged to be included with the approval, in no specific order:
1. The wood fence shall have a maximum height of six (6) feet, with three horizontal rails per section to reduce potential picket bowing.