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 vacant property zoned Retail (R) district. (BOA1610-01)
Summary
The subject property is located along the south side of E. Black Locust Dr., generally southeast of the Swenson Farms and E. Black Locust Dr. intersection. The south and west property lines of the subject property are adjacent to approximately ten single family homes in the Swenson Farms residential subdivision. The east property line is common with a tract owned by the Pflugerville Independent School District. The north property line is adjacent to E. Black Locust. The property is currently unimproved and zoned Retail (R). 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. The property is vacant, without a use, and zoned Retail (R) district which does not permit a single family use. The commercial standards are applicable given the aforementioned status of the property, which does not allow a wood board fence. The applicant has proposed a variance to allow for a six (6) foot tall wood board fence to be allowed to be constructed along the 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
The applicant has identified there is no intent to use the property, however at this time the applicant’s rear fenc...
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