TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Will Deaton, MPA, AICP, CFM, CZO - Planning & Zoning Manager
Demetrios Moutos - Planner I
DATE: March 11, 2025
RE:
Title
A25-03: Variance Request - Fence/Wall Setback at 801 Greenland Drive
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Malik Davis
b
Relationship To Strategic Plan:
Goal 2: Responsive City Government Supporting a Diverse and Viable Economy
* Objective 2.1: To ensure a diverse City tax base
Goal 4: Highly Desirable Place to Live, Work, and Recreate
* Objective 4.5: To ensure a place for people to live in great 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.
The Zoning Commission unanimously approved the request at their February 11, 2025 meeting.
30.2.C.14 Variance:
A variance serves as a mechanism for granting limited deviations from the dimensional standards of this Ordinance-such as height, yard setbacks, lot coverage, and similar numeric requirements-when a landowner demonstrates that strict compliance would impose an undue and unique hardship due to circumstances beyond their control. These circumstances may include exceptional topographical features, unusual lot dimensions, or other inherent conditions specific to the property.
Variances are intended to be applied sparingly and only in exceptional cases where such relief is necessary to prevent undue hardship. However, a variance may not authorize changes to permitted uses or alter any applic...
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