Title
A request for a Waiver to the Los Alamos County Code of Ordinances, Chapter 16, Development Code, Sec. 16-271 (Fences, hedges and gates), (a) Height, to allow an eight-foot (8ʹ) solid fence to be erected along a portion of the rear property line. The property is located at 2299 North Road, Los Alamos, New Mexico, in Subdivision: NORTH COMMUNITY 1, Lot 276A, and is zoned R-M-NC (North Community District, which is a single-family residential zoned district).
Property Owners
Michael Jensen, Owner/Applicant
Applicant
Michael Jensen, Owner/Applicant
Case Manager
Anders Millmann, Senior Planner
Recommended Actions
I move that the Board of Adjustment approve Case No. 16-BOA-003/WVR-2016-0019, a request for approval of an eight-foot (8ʹ) solid wall to be erected along a portion of the rear property line, for the reasons stated in the staff report and reasons determined during the public hearing, with the following conditions:
1. Cmpliance with all conditions identified in the IDRC meeting.
2.The applicant shall submit an engineered foundation plan concurrent with an application for a "Building Permit" prior to construction of the proposed fence.
Motion Option 2:
I move that the Board of Adjustment deny Case No. 16-BOA-003/WVR-2016-0019 with the finding that it does not meet the Criteria of Section 16-157 for the following reason(s):
1.
CASE SUMMARY
The applicant is requesting a waiver to allow for the construction of an eight-foot solid fence along the rear property line. The Los Alamos County Code of Ordinances, Chapter 16 (Development Code), Section 16-271 (a) establishes a maximum height for solid or open fences or hedges at six (6ʹ) feet.
The subject property is the front lot of a 2-lot flag lot, and is located on the west side of North Road. A driveway running along the southern property boundary provides access to a residence situated west of the subject property. There is an existing chain link fence running along the entire length of the rear property line of the subject residence, separating the subject property from the adjacent lot to the west. This fence is approximately 36-inches in height. This property line measures approximately 78-feet in length.
The overall topography of the subject property is predominantly flat; however there is an abrupt escarpment which runs east to west, running across the northern portion of both the subject property and the adjacent parcel to the west. At this escarpment, the elevation rises abruptly, approximately 7-9 feet, and continues a moderate upward slope until it terminates in a solid wood wall separating both the subject property and the property to the west from a larger single family residential property located to the north. The existing chain link fence follows the approximate contour of the land, and terminates into the solid wood fence at the northern property line.
At the point where the topographic escarpment rises, the existing chain link fence becomes elevated to maintain its average height (36-inches) above the terrain, and continues up to and terminates at the solid wooden fence. This distance is approximately 15 feet in length.
The petitioner is requesting to erect a solid fence from the point where the existing chain link fence becomes elevated, southward along the rear property boundary a distance of eight (8’) feet. The purpose of erecting an 8-foot high fence at this location is to provide protection in the form of a solid barrier between his property and the adjoining property to the west, to protect the two properties from both domestic and wild animals. The petitioner owns a dog; the adjacent property owners have chickens, and there have been sightings of coyotes and cougars in the area. The petitioner wishes to keep his dog out of the adjoining property owner’s yard (chickens), while simultaneously protecting his rear yard from coyotes and cougars jumping over the existing low fence at this point into his rear yard and potentially harming his dog.
The petitioner further proposes to erect a solid six (6’) foot high fence alongside the existing chain link fence, southward almost to the existing driveway, thence eastward to a termination point with the existing residential structure, to entirely enclose his rear yard. This portion of the fence is permitted under the Development Code, and is therefore not subject to the waiver request.
II. Waiver Review Criteria
Sec. 16-157: During the course of review of any waiver request, the board of adjustment shall base its decision on all the following criteria. The board of adjustment shall approve, approve with conditions and limitations, or deny the request depending on the extent to which the request meets or fails to meet these criteria:
(a) Granting of the waiver will not cause an intrusion into any utility or other easement unless approved by the owner of the easement, and
Applicant Response:
It will not.
Staff Response:
The proposed 8-foot high fence in this area of the rear yard will not be sited over or near any utility or drainage easements.
(b) The waiver request is caused by a practical difficulty or hardship inherent in the lot or lot improvements and the difficulty or hardship has not been self-imposed, and
Applicant Response:
Is necessary to prevent animals from jumping from the upper escarpment level down into my yard, and to prevent my dog from jumping down into my neighbor’s yard (she’s an escape artist) (and is in love with their chickens) and is for one section (8’) of fence only.
Staff Response:
The proposed 8-foot high fence in this area of the rear yard is the result of an abrupt change in the natural physical topography of the lot. As such, the difficulty or hardship is not self-imposed.
(c) Granting of the waiver will not create a health or safety hazard or violate building code requirements, and
Applicant Response:
It will not.
Staff Response:
No health or safety hazard or building code violation would be created by granting the requested waiver.
(d) Granting of the waiver will not create any significant negative physical impacts on property within 100 yards of the subject property such as reduced sight lines, loss of privacy, decreased security, increased noise, objectionable odors, intrusion of artificial light, the casting of unwanted shadows, or similar negative impacts.
Applicant Response:
It will not.
Staff Response:
The placement of the 8’ high fence over a small portion of the rear property line (8-feet in length total) will not create any significant negative physical impacts on property within 100 yards of the subject property. The only property that may be affected by the placement of this fence will be the adjacent property to the west.
Staff further finds that the fence proposed will not obstruct the public right-of-way; nor will it obstruct the view of vehicular or pedestrian traffic.
Staff further finds that the provisions of §16-271 (d) do not apply to this situation.
Staff further finds that a Building Permit shall be required prior to construction of the fence. The Building Permit shall be accompanied by footing calculations prepared by an engineer licensed in the State of New Mexico.
The requested waiver was properly and sufficiently noticed, and no comments or objections were received by the Community Development Department staff as of Tuesday July 26, 2016.
FINDINGS OF FACT
1. This and adjacent properties are residential and Zoned R-M-NC (North Community District, which is a single family residential zoned district).
2. The subject property is identified as being Lot 276A within the NORTH COMMUNITY 1 subdivision, and contains 0.256 acres, or 11,167 square feet of area, and is permitted to erect a solid or open fence or hedge along the rear property line at a height not to exceed six (6’) feet, under §16-271 of the Development Code.
3. The length of the rear property line is approximately 78-feet; with approximately 15-feet of this distance being located above the topographic escarpment.
4. The waiver requested is to erect an eight (8’)-foot tall fence for a linear distance of eight (8’)-feet, located along the rear property line, beginning at the point of the escarpment and running south along the rear property line.
EXHIBITS
Exhibit I Vicinity map/Aerial photo
Exhibit II Application, site survey, and photos (4)
Exhibit IV Map and list of property owners of record within 300 feet
Exhibit V Interdepartmental Review Committee (IDRC) Meeting Draft Minutes