Lakeway board approves variance to allow 4-foot fence on unimproved lot behind 103 Capri

The Board of Adjustment for the City of Lakeway on Thursday approved a variance allowing the Ronald A. and Beverly L. Carter Trust to build a 4-foot wrought-iron fence on unimproved Lot 351, the parcel immediately behind the improved property at 103 Capri. The board voted 7-0 to grant the variance during the Aug. 14, 2025, meeting at Lakeway City Hall.

City staff told the board the request seeks an exception to a provision in the Lakeway Code of Ordinances that bars accessory structures on unimproved lots. "A variance ... is a form of approval authorizing the applicant to deviate from a specific city regulation," Erin, a city staff member, told the board, adding that "a variance can only be granted if the strict application of the law to a particular piece of property results in an undue hardship." She also said a variance "runs with the land and is not tied to a particular person."

The staff report described the pair of parcels — the improved property at 103 Capri and unimproved Lot 351 — as totaling approximately 0.5654 acres. The requested variance would permit construction of a four-foot wrought-iron fence that would enclose a portion of Lot 351 immediately behind the house to create a backyard area. The applicant said the fence would extend roughly 18 feet into the unimproved lot before the ground slopes steeply toward Cutlass.

Ron Carter, representing the Ronald A. and Beverly L. Carter Trust, told the board he and his wife have owned the property about 12 years and use the adjacent unimproved lot informally as a backyard. "We have a dog," Carter said. "The grandkids come over ... What we would like to do ... is to keep the animals out of that area and let the dog run there and let our grandkids come over." He said the fence would be the typical Lakeway vertical-rod iron design with a smooth, flat top and that the applicants plan three gates for access.

Carter said a prior permit for materials had been issued and a contractor briefly started work before city staff halted the project when it became clear the fence lines as installed would encroach on the unimproved lot. He said the owners have no plans to build on Lot 351 and want only to landscape and use the immediate area behind the house.

Board members asked whether the four-foot height would deter deer and noted the city's flat-top requirement. "A deer can jump a big fence pretty easily over four feet," a board member observed during the discussion, and staff confirmed the city requires flat tops rather than decorative spikes. The board also reviewed the procedural requirements for a variance: a supermajority of six of seven members is required for approval.

After discussion, a board member moved to approve "the variances stated," the motion was seconded, and the chair called a roll. The roll call recorded the measure as approved unanimously, 7 to 0.

The board had no further business and adjourned at approximately 9:15 a.m.