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Governing body approves 8-foot fence variance for Mr. Gonzalez at FM 803
Summary
After public comment from the homeowner and a neighbor, the governing body approved a two-foot variance to allow an eight-foot privacy fence at 33374 FM 803, citing heavy traffic and the home’s elevated foundation; staff noted property pins must be exposed before permit finalization.
At a Los Fresnos governing-body meeting, members approved a variance allowing an eight-foot privacy fence at 33374 FM 803 after hearing from the homeowner and a neighboring lot owner.
The homeowner, identified in the record as Mr. Gonzalez, told the body his house sits on a pier-and-beam foundation roughly three feet above grade and that “a six foot fence would be too short.” He said about 40% of the fence already is built on the north end of the lot and that a state right-turn lane years earlier took about 15 feet of his property, placing traffic roughly 12 feet from his windows.
City staff told the body the ordinance allows six-foot fences on sides and back of residential lots, and that the applicant is requesting only a two-foot variance to reach eight feet. A staff member said exposing the property pins will be required to confirm the fence is on the property line and that any encroachment would prevent permit approval: “It would be resolved if, if it's in the wrong place, he couldn't get the permit to complete it.”
A neighbor who owns the adjacent lot said she does not oppose the fence but asked that the record reflect that roughly 12 inches of land along the fence line belongs to her family and should be noted for future sale or transfer.
After discussion about ordinance limits and possible negotiation to a six-foot height, a committee member moved to approve the variance. The motion carried and the chair announced the variance was approved. The recorded discussion made clear the body treated the application as an exception grounded in the site’s proximity to a major road and the homeowner’s privacy concerns.
Next steps: staff will require property-pin verification during the building-permit process before a final permit is issued; the approval allows the applicant to seek a permit for the eight-foot fence provided the fence is on his property.
