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 Uni?ed Development Code will deprive the a...
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