BOARD OF ADJUSTMENT TUESDAY, NOVEMBER 19, 2013 CITY OF DALLAS, TEXAS

FILE NUMBER: BDA 123-109 BUILDING OFFICIAL’S REPORT: Application of Robert Baldwin for a special exception to the fence height regulations at 10349 Strait Lane. This property is more fully described as Lot 13, Block D/5532 and is zoned R-1ac(A), which limits the height of a fence in the front yard to 4 feet. The applicant proposes to construct and maintain a 9 foot high fence, which will require a 5 foot special exception to the fence height regulations. LOCATION: 10349 Strait Lane APPLICANT: Robert Baldwin REQUEST: A special exception to the fence height regulations of 5’ is requested in conjunction with constructing and maintaining a fence in the site’s 40’ front yard setback on a site that is currently undeveloped – a 6’ high open iron picket fence with 6.6’ high masonry columns with a 6’ – 8.5’ high open metal picket gate flanked by 9’ high, approximately 12’ long solid masonry wing walls with 9’ high masonry entry columns. STANDARD FOR A SPECIAL EXCEPTION TO FENCE HEIGHT REGULATIONS: Section 51A-4.602 of the Dallas Development Code states that the board may grant a special 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 the fence height regulations since the basis for this type of appeal is when in the opinion of the board, the special exception will not adversely affect neighboring property. BACKGROUND INFORMATION: Zoning:

Site: R-1ac(A) (Single family district 1 acre) North: R-1ac(A) (Single family district 1 acre) South: R-1ac(A) (Single family district 1 acre) East: R-1ac(A) (Single family district 1 acre) West: R-1ac(A) (Single family district 1 acre)

Land Use:

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The subject site is vacant/undeveloped. The areas to the north, east, south, and west are developed with single family uses. Zoning/BDA History: 1. BDA 093-063, Property at 10349

Strait Lane( the lot immediately north of the subject site)

On April 27, 1993, the Board of Adjustment granted a request for a special exception to the fence height regulations of 4’ 3” to maintain “a 6’ wrought iron fence with an 8’ high gate and columns of 6.5’ as amended.” The case report stated that the request was made to construct a 6’ high open wrought iron fence with 6’ 5” high brick columns along Strait Lane and Kelsey Road.

2. BDA 078-114, Property at 10331 Strait Lane ( the lot immediately south of the subject site)

On September 17, 2008, the Board of Adjustment Panel B granted a request for a special exception of 4’ 4” and imposed the submitted site plan and elevation as a condition to the request. The case report stated that the request was made to construct and maintain a 7.5’ high open iron picket fence/wall (with 2.5’ high stone base) and a 7.5’ high solid plaster fence/wall (with 2.5’ high stone base) with 8’ high columns, and 8’ 4” high open iron gates with 8’ 4” high entry columns in Strait Lane and Dorset Road front yard setbacks; and additionally construct and maintain an 8’ high iron tennis court fence in the Dorset Road front yard setback.

3. BDA 95-062, Property at 10330 Strait Lane (the lot immediately east of the subject site)

On May 23, 1995, the Board of Adjustment granted a request for a variance to the height regulations (subject to compliance with the submitted elevation), granted a request for a special exception to allow an additional dwelling unit (subject to deed restrictions), and denied a request for a special exception to the height regulations of 6’ 6” without prejudice. The case report stated that the

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requests were made to construct and maintain an approximately 40,000 square foot, single family home with a height of 41 feet and a chimney height of 56’, an approximately 2,500 square foot gate house, and a 8’6” open metal fence with 12’ 6” masonry columns.

Timeline: September 9, 2013: The applicant submitted an “Application/Appeal to the Board of

Adjustment” and related documents which have been included as part of this case report.

October 23, 2013: The Board of Adjustment Secretary randomly assigned this case to

Board of Adjustment Panel A. October 23, 2013: The Board Administrator emailed the applicant the following

information: an attachment that provided the public hearing date and panel

that will consider the application; the October 30th deadline to submit additional evidence for staff to factor into their analysis; and the November 8th deadline to submit additional evidence to be incorporated into the Board’s 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 28, 2013: The applicant submitted additional documentation on this

application to the Board Administrator beyond what was submitted with the original application (see Attachment A).

November 5, 2013: The Board of Adjustment staff review team meeting was held

regarding this request and the others scheduled for November public hearings. Review team members in attendance included: the Sustainable Development and Construction Department Current Planning Interim Assistant Director, the Sustainable Development and Construction Department Engineering Division Assistant Director, the Board Administrator, the Building Inspection Senior Plans Examiner/Development Code Specialist, the Chief Arborist, and the Assistant City Attorney to the Board. No review comment sheets with comments were submitted in conjunction with this application.

GENERAL FACTS/STAFF ANALYSIS:

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This request focuses on constructing and maintaining a fence in the site’s 40’ front yard setback on a site that is currently undeveloped – a 6’ high open iron picket fence with 6.6’ high masonry columns with a 6’ – 8.5’ high open metal picket gate flanked by 9’ high, approximately 12’ long solid masonry wing walls with 9’ high entry columns.

The applicant states that the fence proposal on this site is designed to allow the owner to extend the fence southward from the lot he owns to the north and that he is in the process of platting into one lot.

The Dallas Development Code states that in all residential districts except multifamily districts, a fence may not exceed 4’ above grade when located in the required front yard.

The applicant has submitted a revised site plan/elevation of the proposal in the front yard setback with notations indicating that the proposal reaches a maximum height of 9’.

The following additional information was gleaned from the submitted site plan/elevation: − The proposal in the front yard setback is represented as being approximately

150’ in length parallel to the street with a recessed entryway. − The proposed fence is represented as being located on the property line or about

15’ from the pavement line.

The proposal would be located on the site where one lot would have direct/indirect frontage, a lot which has a fence in its front yard setback with no recorded board of adjustment special exception granted by the Board. This lot immediately east has an approximately 7.5’ high open iron fence (with a masonry base) and an approximately 16’ high gate. (Although a request for a fence height special exception of 6’ 6” was made to the Board of Adjustment in 1995, the Board denied this request without prejudice: BDA95-062).

The Board Administrator conducted a field visit of the site and surrounding area and noted two other fences that appeared to be above 4’ in height and located in a front yard setback- the previously mentioned approximately 6.5’ high open metal fence immediately north of the subject site (owned by the same owner as that of the subject site) that appears to be the result of a special exception granted by the Board in 1993, and an approximately 7.5’ high fence/wall immediately south of the subject site that appears to be the result of a special exception granted by the Board in 2008.

As of November 11, 2013, no letters/emails have 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 5’ will not adversely affect neighboring property.

Granting this special exception of 5’ with a condition imposed that the applicant complies with the submitted revised site plan/elevation would require the proposal exceeding 4’ in height in the front yard setback to be constructed/maintained in the location and of the heights and materials as shown on these documents.

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10/23/2013

Notification List of Property Owners

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16 Property Owners Notified

Label # Address Owner

1 10349 STRAIT LN GODWIN DONALD E & CARMEN Q

2 10341 STRAIT LN GODWIN DONALD & CARMEN

3 4726 KELSEY RD HOLCOMBE MILTON W & BETTY

4 4814 KELSEY RD WITTMANN THOMAS PETER

5 4 DORSET PL KARNS MICHAEL D &

6 1 DORSET PL FENNEL REBECCA ANN LANG TRUSTEE REBECCA

7 10331 STRAIT LN RANDAL A & RACHEL TR THE REVOCABLE TRUST

8 10360 STRAIT LN TAYLOR CAMILLE

9 10340 STRAIT LN GREEN NORMAN & KELLY

10 10411 STRAIT LN WEINSTEIN MIKE & ALISON

11 4811 KELSEY RD RYAN DEBORAH J

12 3 DORSET PL NAIFEH JEROME G & DONNA

13 10330 STRAIT LN PLAN II PARTNERS LLC

14 4827 KELSEY RD DOUGLAS DAVID

15 10346 LENNOX LN ZLOTKY JEFFREY A & LAUREN

16 10334 LENNOX LN NEWTON GEOFFREY L & MARY DIANA

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