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 applicable conditions of approval.
Background:
• 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 Summary
Request:
The applicant seeks a variance from UDO Section 30-5.D.4, which regulates fence and wall setbacks for properties abutting multi-lane roads.
Setback Requirements:
• Fences 36 inches or shorter may be placed at the property line.
• Fences taller than 36 inches must be set back the lesser of five feet or the dwelling's corner alignment.
Justification for Variance:
• Practical Difficulty: The setback requirement would require the fence to be just 18 inches from the house, restricting yard functionality and preventing the full enclosure of the air conditioning unit.
• Unique Site Conditions: The 1963 widening of Bragg Boulevard altered the property’s original setback conditions.
• Minimal Impact: A neighboring structure at 600 Pearl Street extends beyond the applicant’s proposed fence line.
The applicant requests permission to extend the fence 12 feet from the dwelling’s corner to maintain practical yard use while aligning with existing neighborhood conditions.
Insufficient Justification for Variance
The following are not valid grounds for granting a variance:
1. The existence of other conforming or nonconforming uses or structures within the same or different zoning districts.
2. A request for a use that is explicitly or implicitly prohibited in the district.
3. Economic hardship or the potential for increased property value or profitability through the variance.
Findings
The following findings are based on the responses submitted in the application by the applicant and the best available information about the proposal without the benefit of testimony provided at the evidentiary hearing.
Findings of Fact Statements as reviewed by the Planning Staff:
1. There is sufficient evidence that the strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships, as shown by the following evidence:
The strict application of the Ordinance requirements would create practical difficulties and unnecessary hardships since compliance with the ordinance would expose the property’s children to safety risks and place the air conditioning unit outside the secured fenced area, compromising security and functionality.
2. There is sufficient evidence that any practical difficulties or unnecessary hardships result from unique circumstances related to the land and are not the result of the actions of the landowner, as shown by the following evidence:
Any practical difficulties or unnecessary hardships arise from unique circumstances specific to the property and are not the result of actions taken by the landowner. The property's location along Bragg Boulevard presents inherent safety risks for children. Given these unique conditions, constructing the necessary fence protects the Property Owner and his children.
3. There is sufficient evidence that the Variance is the minimum action that will make possible a reasonable use of land or structures, as shown by the following evidence:
The requested variance represents the minimum deviation necessary to allow for the reasonable use of the property since the Applicant is making no additional modifications beyond what is necessary. Rather than constructing a wall or pursuing more extensive alterations, the Applicant has taken the least intrusive approach to improve the site. The Applicant’s efforts have already enhanced the property by clearing away shrubbery and brush, further supporting the reasonableness of the request.
4. There is sufficient evidence that the Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
The variance aligns with the general purpose and intent of the Ordinance while upholding its spirit. The Ordinance is designed to protect the land along Bragg Boulevard. The proposed fence is situated in the exact location of the previously existing shrubbery, maintaining the property’s integrity while enhancing security and functionality.
5. There is sufficient evidence that in the granting of the Variance, public safety and welfare have been assured, and substantial justice has been done, as shown by the following evidence:
Granting the variance ensures the public’s safety and welfare while achieving substantial justice. The fence is positioned in the exact location of the former shrubbery, ensuring it does not encroach on traffic. Additionally, this placement eliminates the need for the city to maintain or remove the shrubbery, reducing maintenance costs and improving the site's overall safety.
Budget Impact:
There is no immediate budgetary impact.
Options:
1. Approve Findings of Fact as drafted
2. Approve Findings of Fact with specific changes
Recommended Action:
Approve Findings of Fact as drafted
Attachments:
1. Application & Site Plan
2. Findings of Fact