3420 Clement Rd - variance to allow solid, wooden privacy fence deniedf b
DECISION OF THE BOARD OF ADJUSTMENT, CITY OF PARIS, TEXAS
RE: Variance Request
Roger and Sharon Stripland
3420 Clement Rd
Paris, TX 75460
ACTION REQUESTED: Variance to allow solid, wooden privacy fence.
The above -reference request was (granted clenie4 granted in part and denied in part) by the City
of Paris Zoning Board of («
Adjustment Board"`"on 7/5/2022 by a vote of _ in favor of
g
..m
the application J lication and _w.. _ � against thea application with abstaining. On this date, the
Board found that the request did not meet the conditions set forth in Building Regulations, Article
4.11 Fences, Sections 4.11.003(b)(1)(D) of the City of Paris Zoning Ordinance.
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.
The Board of Adjustment here by denies the variances request based upon the following findings
of fact.
BOARD RECOMMENDED FINDINGS
1. The request for variance is not in harmony with the general purposes and intent of Fence
Ordinance No. 2021-044, as amended, and does not continue to protect the immediate
adjacent roadway from potential dangerous negative safety impacts that will result from
obstructed views by drivers on 34th Street NE and Clement Road.
2. The denial of the request to permit the fence in this location and with no openness causing
sight obstructions for drivers will not prevent the reasonable use of the property for the
residence because a new fence may be installed that conforms to the ordinance requirements
and still provide reasonable use of the property.
3. There are no special or unique condition(s) of restricted area, shape, topography, or physical
features that exist on the subject parcel of land, which are not applicable to other parcels of
land in the same zoning district, and which cause unusual and practical difficulty or
unnecessary hardship to the use of a compliant fence setbacks and height allowed by the
ordinance with the provisions sought here to be varied.
4. The hardship sought to be avoided is the result of (a) the applicant's own actions (self-imposed
or self-created), and (b) the applicant has not stated that there is an economic or financial
hardship for the fence to be erected in compliance with ordinance requirements which alone,
is not justification for approval of the variance. Rather it is out of convenience and personal
preference for privacy in the rear yard and not for safety of the traveling public on the roadway.
5. The provisions of Fence Ordinance No. 2021-044 and its amendments, that are sought to be
varied, do not deprive the applicant of reasonable rights to use the property that are commonly
enjoyed by other properties in residential areas which are required to comply with these same
ordinance provisions. A very bad precedent would be set by approving this request which can
easily be avoided as initially recommended by staff to the applicant.
This decision was filed in the Board's office on 7/5/2022.
Chairperson, Board of Adjustment
Secretary to the Board