The Lakeway commission voted against a variance request from property owners Carlina and Kevin Brach to construct a five-foot iron fence, stucco columns and an automated gate up to 10 feet into the 25-foot street-side building setback at 105 Palazzo Alto Drive.

The request, introduced during the commission’s regular agenda, would have allowed the fence and gate to sit closer to Plaza Alto Drive than the Lakeway code of ordinances permits. The applicants said the reduction would create a small front play area for their dog and preserve the house’s curb appeal without removing established trees.

“The red line represents where the variance would lie…the minimum impact on the variance as possible, but keep the natural beauty of the front yard,” Kevin Brach said during the presentation.

The applicants told the commission they were constrained by water restrictions placed by Water District 17 that limited how much of their lot could be irrigated, leaving the backyard undeveloped and increasing their desire for a usable front lawn area. They also said the Bella gated community where the home sits includes other properties with similar front-yard treatments and that the homeowners association (HOA/POA) leader indicated the HOA defers to the city on this type of variance.

Commission discussion focused on sight lines and the potential impact to the street-facing trees. One commissioner said putting the fence on the building line would avoid disturbing trees and questioned whether the applicants were significantly disadvantaged by complying with the 25-foot setback. Another commissioner said the parcel’s front-yard trees were attractive and that moving the fence forward “would go right in front of them.”

“The fence itself, I’d like to see how it really disturbs the trees,” a commissioner said during deliberations.

Members also noted that a single neighbor submitted two protests (one web form and one email) and that the protester has had prior conflicts with the applicants’ HOA. The applicants said the protest appeared to be from an individual with a personal dispute and not from multiple neighbors.

A motion to approve the variance failed. The commission announced the outcome with the motion receiving one vote in favor and two opposed; the chair declared the variance not approved.

Commissioners who voted in favor and against were not recorded by full, official seat names in the minutes beyond tallying the voices on the motion. The commission invited the applicants to return with additional materials, such as photos showing specifically how trees would be affected, if they wish to seek reconsideration.

The commission’s staff noted that POA/HOA guidelines often defer to the city on setbacks and that applicants must provide emergency-access information for any gated entry if a gate is installed.

The commission moved on to the next agenda item after closing public comment and concluding deliberations.