Loading...
1601 W Henderson - Variance granted for a 48" chain-link, front yard fenceDECISION OF THE BOARD OF ADJUSTMENT, CITY OF PARIS, TEXAS RE: Variance Request Jerry Thompson 1601 W Henderson Paris, TX 75460 ACTION REQUESTED: Variance for a 48" chain-link, front yard fence The above -reference request was ranted/ enied/ granted in part and denied in part) by the City of Paris Zoning Board of Adjustment ("Board") on 06/01/2021 by a vote of L- in favor of the application and 0 against the application with d abstaining. On this date, the Board found that the request met the conditions set forth in Section 4.11.003 (b)(1)(a)(c) of the Fence Ordinance. The Board of Adjustment here by approves the variance request based upon the following conditions and findings of fact. Board of Adjustment Recommended Conditions: 1. The new chain link fence may be constructed to height not exceed 4 ft. in height in the front yard. 2. The new chain link fence shall not be constructed in the street ROW. 3. The new chain link fence shall not be constructed in the street intersection visibility triangle. 4. The existing fence constructed in the ROW until such time as the fence is removed by the land owner or the city for any reason and at any time in the future. Upon removal, it shall not be replaced or reconstructed in the street ROW. 5. There shall be no increase or intensification of the non -conforming fence conditions allowed. Board of Adjustment Recommended Findipg12f1gLt 1. Unique circumstances do exist on the property and surrounding properties that make application of specific requirements in this article unduly burdensome on the applicant. 2. The proposed construction of this fence will be in keeping with the appearance and condition of the surrounding neighboring properties and will not adversely impact the character of the neighborhood. 3. The variance will not have any anticipated adverse impact on current or future development, provided the fence is not constructed in the city street ROW. 4. The variance is in keeping with the spirit of these regulations and will have a minimal impact, if any, on the surrounding land uses. 5. There are proposed revisions under consideration for the fence regulations which may, once approved, afford a different standard for front yard fences on residentially zoned properties outside of the historic district in the city. 6. The variance will have no adverse impact on the public health, safety, and general welfare provided the fence is not obstructing visibility at the intersection and is constructed outside of the street ROW. 7. No increase or intensification of the non -conforming fence conditions will be allowed in the street ROW and therefore no further negative impacts upon the public street will occur with approval of the variance. 8. A financial hardship is not a consideration in relationship to this request for approval of and the granting of a variance. Appeal: Any interested person wishing to appeal this Board decision is required to file a petition for Writ of Certiorari in a district court, county court or county court at law within ten (10) days of the date this decision is filed in the Board's office consistent with section 211.011 of the Texas Local Government Code. This decisi n was filed in the Boar(js office on 06/01/2021. 41 1 f Chairman, Board of Adjustment Secretary to the Board