Board of AdjustmentMay 11, 2020

I-4 C15-2020-0019 PRESENTATION — original pdf

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BOA meeting May 11, 2020 Darryl Dadon 2604 E 6th St Fence as Accessory Use • Fence as Accessory Use pursuant to Section 25-2- 899(E) of the Code. • I am requesting a variance from the Land Development Code section 25-2-899 Fences as Accessory Uses for a SF-3-NP residential property for a fence height along the back portion of the property that has an average height of 8ft. Section 25-2-899(E) of the Code • A solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files a written consent to the construction of the fence with the building official, and: • (1) there is a change in grade of at least two feet within 50 feet of the boundary between adjoining properties; or • (2) a structure, including a telephone junction box, exists that is reasonably likely to enable a child to climb over a six foot fence and gain access to a hazardous situation, including a swimming pool. Written Consent from Adjoining Property Owners • A solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files a written consent to the construction of the fence with the building official, and: • I have provided the written consents of each of the adjoining neighbors • Allegra Moet Brantly • Dave Huberr • However, because the back fence adjoins the alley which is owned by the City of Austin, approval from the BOA is also needed which is the purpose of this application. Section 25-2-899(E) of the Code • A solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files a written consent to the construction of the fence with the building official, and: • (1) there is a change in grade of at least two feet within 50 feet of the boundary between adjoining properties; or • (2) a structure, including a telephone junction box, exists that is reasonably likely to enable a child to climb over a six foot fence and gain access to a hazardous situation, including a swimming pool. Section 25-2-899(E) of the Code • A solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files a written consent to the construction of the fence with the building official, and: • (1) there is a change in grade of at least two feet within 50 feet of the boundary between adjoining properties; or • (2) a structure, including a telephone junction box, exists that is reasonably likely to enable a child to climb over a six foot fence and gain access to a hazardous situation, including a swimming pool. Electric Pole & Swimming Pool • (2) a structure, including a telephone junction box, exists that is reasonably likely to enable a child to climb over a six foot fence and gain access to a hazardous situation, including a swimming pool. • Outside of the fence, there is a utility pole that could be climbed and used to jump over the fence, which is why the fence was built to its current height. • We are currently constructing a swimming pool in the back yard. • The back fence is also a sliding gate and may become a hazard. Photo of Electric Pole in Back Alley Photo of Electric Pole from inside Property Other hazard – Sliding Gate Section 25-2-899(E) of the Code • A solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files a written consent to the construction of the fence with the building official, and: • (1) there is a change in grade of at least two feet within 50 feet of the boundary between adjoining properties; or • (2) a structure, including a telephone junction box, exists that is reasonably likely to enable a child to climb over a six foot fence and gain access to a hazardous situation, including a swimming pool.