| PUBLIC HEARING BOA21-001/15003 Inwood Road. Public hearing, discussion, and take action on an appeal of the Building Official’s decision for the consideration of an exception to Sec. 18-176 (Setback requirements – Generally), Article XIV (Fences), Chapter 18 (Buildings and Building Regulations), of the Code of Ordinances of the Town of Addison, for the installation of a fence within the required front yard setback line for a property located at 15003 Inwood Road. |
Background: Addison Pet Yard is a multi-tenant pet-anchored commercial development situated on 1.51 acres at the western frontage of Inwood Road, 750 feet south of Belt Line Road (15003 Inwood Road). The property owner, Roger DeGregori recently submitted a fence permit application in order to construct an ornamental fence with masonry columns and an automated gate at the eastern property boundary, where the site fronts onto Inwood Road.
This fence permit application was submitted in response to several recent crimes that occurred after hours at the property. These incidents include multiple thefts of business vehicle catalytic convertors, an attempted break-in, and damaged windows at an adjacent business property. Weapon paraphernalia was left behind during one of these incidents.
On July 7, 2021, this fence permit application was denied by the Town’s Building Official due to the proposed fence being fully situated in the required 25-foot front yard setback. This request is an appeal of the Building Official’s decision in order to provide for a reasonable exception to the setback requirements specified in the Town’s Fence Ordinance.
Town Code Requirements: The denied fence permit application proposes to situate the fence at the eastern property edge, in an area that, as described, would appear to be Town right-of-way. Section 18-178 of the Town’s Fence Ordinance prohibits the construction of fences where any portion of the fence extends nearer to the street on which the main building faces than the required front yard setback line. This property is zoned Commercial-1 District and the required front yard setback line is 25 feet from the property boundary. As such, the closest a fence could be constructed to Inwood Road is 25 feet west of the front property boundary.
Appeals Process: Typically, Fence Ordinances are situated in zoning or development codes, and the appeals process is carried out as a zoning variance considered by the Zoning Board of Adjustments (ZBA). The Town’s Code is unique in that the Fence Ordinance directs this consideration to be acted on by the Board of Appeals, which is also comprised of the appointed members of the ZBA. The Board of Appeals typically acts on matters related to the International Building and Fire Codes, addressing topics such as alternative construction techniques and materials, and enforcement actions for substandard buildings. Unlike the ZBA, the Board of Appeals procedures do not require compliance with strict rules of evidence; however, the procedures do require that only relevant information be received.
As the Town continues to advance the Unified Development Code project, the Fence Ordinance will be updated and transferred to the development code, with appeal actions being addressed by the ZBA.
Infrastructure Conflicts: Besides the code issues noted above, the most significant conflict with this request is the location of the fence in relation to Town wet utilities and franchise utilities in the Inwood corridor. As the fence is currently proposed, it would traverse a Town utility easement which contains an 8-inch sanitary sewer line. This condition would significantly inhibit the Town’s ability to maintain this infrastructure and would not be a feasible condition for Public Works staff. If this fence were to be constructed, it would need to be situated closer to the parking, within the property’s landscape buffer.
Access and Visibility Considerations: As the fence is currently situated, there would be concerns with hindering site visibility for vehicles and pedestrians traversing this site and Inwood Road. At the site driveway, the fence would need to be situated deeper into the property and further away from the driveway to mitigate these concerns.
The proposed gate would need to have a Knox Box to allow for emergency services access.
RECCOMENDATION: DENIAL OF THE REQUEST AS SUBMITTED
Due to likely conflicts with public and franchise utilities at the Inwood Road frontage, the proposed fence alignment is not technically feasible, and this request should be denied as submitted or approved based on additional conditions placed on the applicant.
While not a hardship as strictly defined, a reasonable exception to setback provisions of the Fence Ordinance may be appropriate given the high-quality design aesthetic of the proposed fence and the potential for this feature to enhance the aesthetic quality of the Inwood Road streetscape. If this exception were to be granted, it should be conditioned upon the alignment remaining completely outside of Town right-of-way and outside of Town utility easements as much as possible, mitigating any impacts on Town utility maintenance needs. Additionally, the provision of this fence should not result in a reduction of site landscape or a degradation of site visibility for vehicles and pedestrians traversing this site and Inwood Road. |