HomeMy WebLinkAboutZ-6352 Staff AnalysisJuly 28, 1997
Item No.• 10
File No.: Z-6352
Owner; Robert E. and Gaye Anderson
Address: 5116 Edgewood
Descriptio Lot 40, Prospect Terrace
Zoned• R-2
variance Rew.ested: A variance is requested from the
fence height provisions of Section
36-516 to permit construction of a
fence which is 7.5 feet in height
at some points.
Justification: Applicant's Statement: We request
a zoning variance that would permit
us to finalize construction of six
to seven and one-half foot
(depending upon elevation) rock and
wood fence along the rear and side
property lines of our home. Our
home is located at 5116 Edgewood in
the Prospect Terrace addition to
the City of Little Rock. We
believe that the issuance of a
zoning variance is appropriate for
the following reasons:
a. Prior to construction, we
investigated the zoning
regulations applicable to our
plans. We were informed that
fences along the rear property
lines of homes could be
constructed to a maximum of six
feet in height. Accordingly,
our plans proceeded forward and
currently our fence is
approximately eighty percent
(80%) complete. We learned
just last week that the six
foot rule may be inapplicable
to our home in that our home
faces Edgewood, but abuts "O"
Street at our back property
line. In other words, city
zoning regulations appear to
July 28, 1997
No.= 10 (Cont.
consider our home as having two
front yards thereby limiting
the height of our back yard's
fence to four feet in height.
b. We are seriously concerned
about the safety of our three
grandchildren and their friends
that routinely play at our
home. we believe that a four
foot high back yard fence does
not provide the safety,
security and privacy that will
afford our grandchildren the
protection that they deserve
and require. Simply stated, it
is too easy for a child or
stranger to cross a four foot
high fence.
c. As evidenced by those
photographs that are attached
to our application, virtually
all of the homes on Edgewood
that abut "O" Street to the
rear have back yard fences in
excess of the four foot rule.
Moreover, the home across from
our home possesses a side yard
fence abutting "O" Street which
is in excess of four feet in
height. Our proposed six to
seven and one-half foot fence
would be consistent with all
other fences that face "O"
Street.
d. Our neighbors to the east, Mr.
and Mrs. Robert Shults, support
the construction of our fence
as evidenced by their letter
which is attached to this
application. Given the close
proximity of our homes as
reflected in the submitted
photographs, our families will
both benefit from enhanced
privacy and security as a
result from our construction
project.
e. Our fence construction has been
planned with substantial
architectural and design
Fa
July 28, 1997
Item No.: 10 (Cont
consideration to insure that is
appearance is'consistent with
the overall nature and look of
the neighborhood. Investment
by property owners in their
homes insures the overall
stability of every
neighborhood, an extremely
important goal that the City of
Little Rock city should
encourage.
f. While our plans have always
called for the construction of
a six foot fence, given ground
elevation changes and aesthetic
considerations we currently
anticipate that our project
could reach seven and one-half
feet in height along certain
portions of our side lot line
and request a variance
accordingly.
Present Use of Property: Single Family
Proposed Use of Property: Single Family
Staff Report:
A. Public works Issues:
No issues
B. Staff Analysis:
The applicants propose to construct a privacy fence across a
portion of the rear and side property lines of the R-2 zoned
property located at 5116 Edgewood. The proposed fence will
be 6 feet tall however due to slight changes in terrain,
portions of the structure will reach 7.5 feet in height.
The fence will be constructed of wood and rock. The rear
lot line of this property abuts "O" Street. The ordinance
limits the height of fences within required setbacks
adjacent to streets to 4 feet. 6 feet is the maximum height
allowed for fences on the side property line of this lot.
Staff believes the proposal to be reasonable. The requested
fence height is not out of character with other development
along "O" Street. "O" Street is a narrow, chip -seal street
that serves in some respects as an alley for properties
which front on other streets (such as this property). Other
structures such as fences and accessory buildings are built
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July 28, 1997
Item No.: 10 Cont.
properties. The increased fence height should have no
impact on adjacent properties.
C. Staff Recommendation:
Staff recommends approval of the requested fence height
variance.
BOARD OF ADJUSTMENT.
(JULY 28, 1997 )
The Chairman asked Richard Wood, of the Staff, to present the
issue. Wood offered a brief comment on the requested variance
and the staff's recommendation of approval of the requested
height variance. The Chairman then asked if there was someone
present representing the application.
Mr. Hartsell Reagan came forward representing the applicant. The
Chairman and Mr. Reagan had a brief conversation about the
application and neighboring property owners. Mr. Reagan stated
that the best he could tell there was no opposition from any of
the nearby neighbors and that all the required procedures had
been followed to provide for this variance.
At the conclusion of Mr. Reagan's comments, the Chairman noted
there was no one present in objection. He then asked for a
motion. A motion was made to approve the application as
requested. The motion passed by a vote of 8 ayes, 0 nays and
1 absent.
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