Board of Adjustment - Regular Meeting

Don't forget I missed that part. Got it.

I'm here. All right, we're going to go ahead and call the uh November Board of Adjustment meeting to order. Start with our normal housekeeping items. Commissioner Catherine, would you care to help us with that? Miller here. Straoud Cummings here. Clear here. Catherine, present. We have a quum. All right. Okay.

You guys have had a chance to look at the minutes from last month's meeting. What's your pleasure? Move we accept as written. Okay. Second. We have a motion and a second to approve the minutes from our October meeting. All those in favor saying I. I. Any opposed? Hearing? None. The motion carry. All right. Old business. Request to remove from the agenda by staff variance for article 4.1 for the height fence height requirement located at 522 South Jonesboro. Submitted by Bill and Doris Lawrence. We do. We do approve that removal. Gentlemen, ladies, I move that we remove it.

Okay. Second. We have a motion and a second to remove this item from the agenda. All those in favor acknowledge by saying I. I. Any opposed? Hearing none. The motion carried. All right. New business. Here we go. Shirley, you ready?

All right. We got a variance from article 4.1 to allow a 7 foot fence despite a six-foot requirement submitted by Andy and Shirley Hadley. Take it away. Thank you. Good evening. Um, as is tradition, um, I'm going to run really quick um through the, uh, the steps for reviewing a variant. Um, one, the applicant demonstrates that special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. Uh, no non-conforming use of neighboring land, structures, or building shall be considered grounds for the issuance of a variance. The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of land, building or structure. Uh the board of adjustment shall further make a finding that the granting of this variance will be in harmony with the general purpose and intent of this zoning code. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this zoning code. And under no circum circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this code in the district involved. Um so this variance is for 1205 South Houston Avenue. Um currently it is located uh within the Glenwood neighborhood. This is an existing single family home. Uh it is an R2 medium density residential zone property surrounded by other R2 properties. Uh surrounding uses include single family homes, duplexes, and a new duplex development to the east. Uh during an in-depth field visit, staff has found that drainage runs along the adjacent property to the north, and the proposed fence would stop for the southern embankment of the drainage area

on the applicant's prop on the applicant's property, excuse me. Staff noted that the flow of storm water passes east to west and so the northeast corner of the fence should provide adequate space under the bottom of the of the fence for flow per article 4.4.3 of the Russellville zoning code i.e a minimum of 2 in above grade. Uh this application is to allow a 7 foot fence in the rear yard. The rear yard has previously been a wooded area that has now been cleared for a new duplex development. The applicant is requesting the variance for just the rear yard portion that abuts this new development. This the existing contractor's site plan shows the fence extending onto the neighboring property to the north. However, during a site visit, the applicant was able to show staff where the proposed fence will be located. The proposed fence will be completely on the owner's property and was clearly illustrated on the site visit via survey states. Article 4.1 of the Russellville zoning code states, "Fences, hedges, or walls may project into or be located along the sideyard from the front building line of the lot to the rear lot line, provided such fences and walls, not hedges or trees, do not exceed a height of 6 feet. The applicant has requested an additional foot of height for their fence in the rear yard adjacent to the new development occurring. The applicant has cited security and privacy concerns due to the elevation of the neighboring property as their special condition. Staff has found that the applicant has demonstrated special conditions due to the elevation of the adjacent property to the east. The elevation change is approximately 10 ft from the highest adjacent point of the duplex development to the base of the applicant's rear yard. As a result, the new duplex development would result in an undue infringement on privacy. It is staff's recommendation that the board of adjustment approve this variance request with the following conditions. One, contractor's fence plan

is updated to more accurately reflect correct measurements of the proposed fence prior to building permit issuance. And two, the northeast corner of the fence should provide adequate space under the bottom of the fence for flow per article 4.4.3 of the Russellville zoning code, i.e. a minimum of two inches above grade. Are there any questions for staff? Thanks, Kevin. Thank you, Shirley. You uh you want to add anything to it?

We know who you are, but state your name for the record, please, if you would. Hello, Shirley Hatley. Um, I think um everything has been explained clearly as to what we're trying to uh what we're requesting. Uh the property uh that's adjacent to us. There are new buildings and everything is um is going to be quite a um height difference as far as for ours uh privacy and security. And so we just want to add that additional foot to our uh rear fencing. And so I have a question.

Sure. Why didn't you request an 8 foot fence back there? Why didn't I? Yeah, because boards usually come in 8 foot lengths. I didn't want it eight foot back there. I thought that looked kind of odd. I'm just kind of All right. Yeah. So, we decided to do the seven foot versus the eight. And it was still cost effective just to do either one. So, we decided just to do the seven foot fence. I'm going to plant trees and stuff back there on the back at some point in the spring. So, we'll have some some shrimp and stuff back there that will grow and and add some added privacy.

Anybody else have any questions for Miss Hley? Sure. Thank you all so much.

I move we approve the variance. Second. All right. We have a motion and a second to approve this variance as requested. All those in favor acknowledge by saying I. I. I. Any opposed? Hearing none. Motion carried. And if there's nothing else, we are journ.