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HomeMy WebLinkAboutZ-8435 Staff AnalysisAPRIL 27, 2009 ITEM NO.- B File No.: Owner: Applicant: Address: Description: Zoned: Z-8435 Genaro Rosales Michael F. Jones 11103 Chicot Road East side of Chicot Road, South of Mabelvale Cut -Off -Road R-2 Variance Requested: An interpretative issue/ruling is requested regarding Section 36- 516 of the Code and the use of barbed wire fencing. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential, with addition of garden and animals STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 11103 Chicot Road is comprised of approximately 9.16 acres of land. There is a one-story single-family residence within the west half of the property, fronting Chicot Road. The property is approximately 333 feet wide and 1,340 feet deep. The middle portion of the property is grass covered, with the rear portion being mostly tree -covered. The property owner recently constructed a livestock -type fence, including barbed wire, around the perimeter of the property. Portions of the fence are poultry -type mesh with barbed wire, and portions have six (6) strands of barbed wire. Small tree trunk sections have been used as fence posts. It is the applicant's intent to keep livestock (horses, cows and goats) on the property and also have a garden area. APRIL 27, 2009 ITEM NO.: B (CON'T. The City's Zoning enforcement staff received an anonymous complaint stating the property owner was constructing a barbed wire fence in a residential zone. On February 4, 2009, an inspection of the property revealed the newly constructed barbed wire fence. The property owner was issued a Courtesy Notice to remove the barbed wire, as per Section 36-516(d) of the City's Zoning Ordinance, which reads as follows: "(d) [Use of materials intended to inflict injury.] For purposes of this section the use of barbed, concertina wire or other types of wire specifically designed to inflict injury upon human contact is prohibited except when used at the top of fences at least six (6) feet above grade enclosing business or manufacturing premises. When such wire is used, it shall not extend outside the vertical plane of the enclosed property. Electrically charged fences are prohibited." The applicant has also removed a number of trees from the rear portion of the property. The applicant has filed a variance from the Land Alteration Ordinance for the tree removal. The variance will be reviewed by the Planning Commission. Additionally, according to the City's Animal Control division, Section 6-43 of the Code prohibits the keeping of livestock within 300 feet of any residence, not including the residence on the subject property. Section 6-43 reads as follows: "It shall be unlawful to keep cows, goats, horses, or other hoofed animals in a pen or lot within three hundred (300) feet of any residence other than the residence of the livestock owner or business establishment." An attached sketch shows the area of the overall property which is 300 feet away from any residence. It represents only a small area (less than one (1) acre) near the center of the property. Section 6-43 of the code has no appeal process. Given the fact that Section 36-516(d) "prohibits" the use of barbed wire fencing, the applicant cannot request a variance to allow its use. Therefore, the applicant is asking the Board of Adjustment to interpret the Ordinance and determine if the use of barbed wire fencing is appropriate in a residential zone in conjunction with the keeping of livestock. The Board of Adjustment is asked to rule on the following interpretative issue related to Section 36-516(d) of the City's Zoning Ordinance. APRIL 27, 2009 ITEM NO.: B (C Is it appropriate to allow use of barbed wire in conjunction with livestock fencing in the specific circumstance of someone owning/keeping livestock for personal interest/use, by right, regardless of the property's zoning? It is staff's opinion that the only area considered for the use of barbed wire fencing should be the area of the property where it is lawful to keep livestock according to Section 6-43 of the Code. BOARD OF ADJUSTMENT: (MARCH 30, 2009) The applicant was present. There were eleven (11) persons present in opposition. Staff informed the Board that the application needed to be deferred to the April 27, 2009 agenda, as the City Attorney's office needed additional time to review the issue and determine whether or not the Board had authority to act. The item was placed on the Consent Agenda and deferred to the April 27, 2009 Agenda, as recommended by staff, with a vote of 4 ayes, 0 nays and 1 absent. Staff Update: On April 16, 2009 the City Attorney's Office submitted a letter to staff, informing staff that this item needed to be withdrawn from the Board of Adjustment Agenda. The City Attorney has determined that the Board of Adjustment does not have the jurisdiction to deal with the issue at hand. Staff recommends the item be withdrawn. BOARD OF ADJUSTMENT: (APRIL 27, 2009) Staff explained that the application needed to be withdrawn at the direction of the City Attorney's office. The item was placed on the Consent Agenda and withdrawn, as recommended by staff, with a vote of 5 ayes and 0 nays.