Legislation Details

File #: 25-4464    Version: 1 Name: A25-03 - Setback Variance
Type: Evidentiary Hearing Status: Agenda Ready
File created: 1/30/2025 In control: Zoning Commission
On agenda: 2/11/2025 Final action: 9/9/2026
Title: A25-03: A Variance request to address minimum fence setback at 801 Greenland Drive (0428708052000), owned by James Patrick Richling.
Attachments: 1. A25-03 Application, 2. A25-03 Aerial Notification Map, 3. A25-03 Zoning Map, 4. A25-03 Future Land Use Map, 5. A25-03 Subject Property, 6. A25-03 Surrounding Properties, 7. A25-03 Fence Permit Drawing
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Demetrios Moutos - Planner I
DATE: February 11, 2025
RE: A25-03: Variance Request - Fence/Wall Setback at 801 Greenland Drive

COUNCIL DISTRICT: 2 - Malik Davis
Relationship to Strategic Plan:
* Goal 2: A Responsive City Government Driving Economic Diversity and Sustainability
o Objective 2.1: Strengthen and diversify the City's tax base.
* Goal 4: A Thriving, Livable Community
o Objective 4.5: Foster vibrant, well-connected neighborhoods.

Executive Summary
The applicant, Patrick Richling, seeks a variance from City Code Section 30-5.D.4, which establishes setback requirements for fences and walls abutting roads with two or more lanes. The current setback requirement would place the fence within two feet of the house, making it impractical and preventing the enclosure of an existing air conditioning unit. The applicant requests a variance allowing the fence to extend 12 feet from the corner of the dwelling to maintain the yard's privacy, security, and functional use.
Property Information
* Address: 801 Greenland Drive
* Owner: Patrick Richling
* Applicant: Patrick Richling
* Zoning: SF-6 (Single-Family Residential 6)
* Future Land Use Designation: MDR (Medium Density Residential)
* Existing Use: Residential
* Parcel ID: 0428708052000
Surrounding Zoning & Land Uses
* North: SF-6 (Single-Family Residential 6) - Residential
* South: SF-6 (Single-Family Residential 6) - Residential
* East: SF-6 (Single-Family Residential 6) - Residential
* West: SF-6 (Single-Family Residential 6) - Residential

Issues & Analysis
Variance Request Overview
The applicant requests a variance from Section 30-5.D.4 of the Unified Development Ordinance (UDO), which regulates fence and wall setbacks for properties abutting roads with two or more lanes.
Setback Requirements Under the UDO ([41?source]):
* Fences 36 inches or shorter may be placed at the property line.
* Fences taller than 36 inches must adhere to the les...

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