Preston Hollow UMC.pdf

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BOARD OF ADJUSTMENT TUESDAY, OCTOBER 22, 2013CITY OF DALLAS, TEXAS

FILE NUMBER: BDA 123-095

BUILDING OFFICIALS REPORT: Application of Michael Nichols, represented byMargaret Hamilton, for a special exception to the fence height regulations at 6315

Walnut Hill Lane. This property is more fully described as Lot 7, Block 2/5487, and iszoned R-10(A), which limits the height of a fence in the front yard to 4 feet. Theapplicant proposes to construct and maintain an 8 foot high fence, which will require a 4foot special exception to the fence height regulations.

LOCATION: 6315 Walnut Hill Lane

APPLICANT: Michael NicholsRepresented by Margaret Hamilton

REQUEST:

A special exception to the fence height regulations of 4 is requested in conjunction withconstructing and maintaining an 8 high board-on-board fence in the sites Stichter

Avenue 30 front yard setback on a site that is currently developed with a church(Preston Hollow United Methodist Church).

STANDARD FOR A SPECIAL EXCEPTION TO FENCE HEIGHT REGULATIONS:

Section 51A-4.602 of the Dallas Development Code states that the board may grant aspecial exception to the height requirement for fences when in the opinion of the board,

the special exception will not adversely affect neighboring property.

STAFF RECOMMENDATION:

No staff recommendation is made on this or any request for a special exception to thefence height regulations since the basis for this type of appeal is when in the opinion ofthe board, the special exception will not adversely affect neighboring property.

BACKGROUND INFORMATION:

Zoning:

Site: R-10(A) (Single family district 10,000 square feet)North: R-10(A) (Single family district 10,000 square feet)South: R-10(A) (Single family district 10,000 square feet)East: PD 664(Planned Development)West: R-10(A) (Single family district 10,000 square feet)

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Land Use:

The subject site is developed with a church (Preston Hollow United Methodist Church).The areas to the north, south, and west are developed with single family uses; and thearea to the east is developed with a school (Preston Hollow Elementary School).

Zoning/BDA History:

There has not been any recent related board or zoning cases recorded either on or inthe immediate vicinity of the subject site.

Timeline:

July 26, 2013: The applicant submitted an Application/Appeal to the Board ofAdjustment and related documents which have been included aspart of this case report.

September 19, 2013: The Board of Adjustment Secretary randomly assigned this case toBoard of Adjustment Panel A.

September 19, 2013: The Board Administrator contacted the applicant s representativeand shared the following information via email: an attachment that provided the public hearing date and panel

that will consider the application; the October 2nd deadline tosubmit additional evidence for staff to factor into their analysis;and the October 11th deadline to submit additional evidence tobe incorporated into the Boards docket materials;

the criteria/standard that the board will use in their decision to

approve or deny the request; and the Board of Adjustment Working Rules of Procedure pertaining

to documentary evidence.

October 8, 2013: The Board of Adjustment staff review team meeting was heldregarding this request and the others scheduled for October publichearings. Review team members in attendance included: theSustainable Development and Construction DepartmentEngineering Division Assistant Director, the SustainableDevelopment and Construction Department Chief Planner, theBoard Administrator, the Building Inspection Senior PlansExaminer/Development Code Specialist, the Chief Arborist, and the

Assistant City Attorney to the Board.

No review comment sheets were submitted in conjunction with thisapplication.

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GENERAL FACTS/STAFF ANALYSIS:

This request focuses on constructing and maintaining an 8 high board-on-boardfence in the sites Stichter Avenue 30 front yard setback on a site that is currentlydeveloped with a church (Preston Hollow United Methodist Church).

The Dallas Development Code states that in all residential districts exceptmultifamily districts, a fence may not exceed 4 above grade when located in therequired front yard.

The site is located at the northwest corner of Walnut Hill Lane and Tibbs Street. Thesite has three 30 front yard setbacks where the focus of the applicants request inthis application is only to construct and maintain a fence higher than 4 in the sitesfront yard setback on Stichter Avenue.

The applicant has submitted a site plan and an elevation of the proposal in the frontyard setback with notations indicating that the board-on-board fence reaches amaximum height of 8.

The following additional information was gleaned from the submitted site plan:

The proposal in the Stichter Avenue front yard setback is represented as beingapproximately 190 in length parallel to Stichter Avenue and approximately 25 inlength on the east side of the site in this front yard setback.

The proposal is represented as being located on the property line or about 17from the pavement line.

The proposal is located across from three single family homes, none that havefences in their front yards.

The Board Administrator conducted a field visit of the site and surrounding area andnoted no other fences that appeared to be above 4 in height and located in a frontyard setback.

As of October 14, 2013, no letters had been submitted in support of or in opposition

to the request. The applicant has the burden of proof in establishing that the special exception to

the fence height regulations of 4 will not adversely affect neighboring property.

Granting this special exception of 4 with a condition imposed that the applicantcomplies with the submitted site plan and elevation would require the proposalexceeding 4 in height in the front yard setback to be constructed and maintained inthe location and of the heights and materials as shown on these documents.

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9/30/2013Notif ication List of Property Owners

BDA123-09522 Property Owners Noti fi ed

Label # Address Owner1 6315 WALNUT HILL LN PRESTON HOLLOW METH CH2 6406 WALNUT HILL LN SUBRAMANIAN KRISHNA & RAJALAKSHMI3 6414 WALNUT HILL LN GILBERT JACK K TR4 6230 WALNUT HILL LN PALMER RUTH LF EST REM: RUTH PALMER ET A 5 6242 WALNUT HILL LN PEIKARI BEHROUZ & PATRICIA6 6302 WALNUT HILL LN GILBERT JOHN CLAYTON7 6314 WALNUT HILL LN KINGSTON DOROTHY H8 6324 WALNUT HILL LN JOHNSTON CARY L & RANDOLPH G JOHNSTON JR 9 6239 STICHTER AVE ASHMORE CHRISTINE C & ANDREW10 6331 STICHTER AVE GRAY DAVID M & CHRISTINA L11 6323 STICHTER AVE BOHACZ KEVIN12 6315 STICHTER AVE MEADERS FARM LP13 6307 STICHTER AVE OVERTON THOMAS D & MARY C14 6247 STICHTER AVE CLAASSEN BRENDA S15 6231 WALNUT HILL LN PETROFF KIP & SUZI16 6239 WALNUT HILL LN PRESCIENT PPTIES LLC17 6247 WALNUT HILL LN MANNING ZACHARIAH C & MONICA Y18 6246 STICHTER AVE FIFE RUSSELL E & JANICE A19 6238 STICHTER AVE PETROFF KIP20 6423 WALNUT HILL ST Dallas ISD ATTN OFFICE OF LEGAL SERVICES21 6415 STICHTER AVE LAUDERDALE CLARK & LAUDERDALE CANDY22 6407 STICHTER AVE LEWIS DON EDWARD

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