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HomeMy WebLinkAboutZ-9349 Staff AnalysisOCTOBER 29, 2018 ITEM NO.: A File No.: Z-9349 Owner: Robert and Meredith Terrell Applicant: Robert W. Terrell III Address: 1 Cherry Leaf Cove Description: Southeast corner of Cherry Leaf Cove and Cherry Laurel Drive Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36-516 to allow a fence which exceeds the maximum height allowed. 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 STAFF REPORT U n. Public Works Issues: The Public Works will not maintain any drainage easements where access is restricted by fencing. Section 29-127 of the City of Little Rock Code of Ordinances prohibits obstruction of drainage easements. Staff Analysis: The R-2 zoned property located at 1 Cherry Leaf Cove is occupied by a two-story brick and frame single-family residence. The property is located at the southeast corner of Cherry Leaf Cove and Cherry Laurel Drive. A two -car wide driveway from Cherry Leaf Cove is located near the northwest corner of the residential lot. The residential lot contains a 25 foot platted building line along the north and west property lines. The rear yard area is currently enclosed with a six (6) foot high wood fence. The applicant proposes to install new fencing on the site, as noted on the attached site plan. New six (6) foot high wood fencing is proposed extending from the south side of the residence, along the south property line to the southeast corner of the lot. An eight (8) foot high wood fence is proposed along the east side property line, extending across the 25 foot platted building line by approximately 17 feet. Six (6) foot high wood fencing is proposed within the north yard area, located between the OCTOBER 29, 2018 ITEM NO.: A (CON'T.) Z-9349 25 foot platted building line and the north property line. The fence will tie into the north end of the residence. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences located between a front (street fronting) property line and front building setback line on R-2 zoned property. Fences with a maximum height of six (6) feet are allowed elsewhere on residential lots. Therefore, the applicant is requesting a variance to allow the eight (8) foot high wood fence along the west property line, extending across the 25 foot platted building line, and the six (6) foot high wood fence between the 25 foot platted building line and the north (street fronting) property line. Staff is not supportive of the requested fence height variance. Staff does not view the request as reasonable. Staff's objection is to the proposed fencing which extends across the 25 foot platted building line, located between the platted building line and the north (Cherry Laurel Drive) property line. The proposed fence would be out of character with the residential lots in this area. The lots to the east and west along Cherry Laurel Drive have front yards which front the street. The proposed fence extending out into this yard space would not be consistent with fences in the immediate area. Staff has no issues with the proposed fencing located behind the 25 foot platted building line. C. Staff Recommendation: Staff recommends denial of the requested fence height variance. Board of Adjustment (August 27, 2018) Robert Terrell was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Staff noted that three (3) letters of opposition had been received. Robert Terrell addressed the Board in support of the application. He presented a photo of the property to the Board. He explained that a taller fence was needed for safety/security and privacy issues due to the slope of the property. He explained that because of the slope, there is a line of sight into the rear yard area. There was a brief discussion regarding the requirements for residential fences. Vice - Chair Lindsey Polk asked Mr. Terrell if he would consider having the eight (8) foot fence section tie into the northeast corner of the house instead of extending across the platted building line. He indicated that he might consider other options for the proposed fence within the north yard area. He requested that the application be deferred to the October 29, 2018 agenda to give him time to consider an amendment to the application and present it to staff. There was a motion to defer the application to the October 29, 2018 agenda. The motion passed by a vote of 5 ayes, 0 noes and 0 absent. The application was deferred. 2 OCTOBER 29, 2018 ITEM NO.: A (CON'T.) Z-9349 Staff Update: On October 9, 2018 the applicant submitted a revised site plan to staff. The applicant has eliminated all of the proposed fencing which crosses the 25 foot platted building line; between the building line and Cherry Laurel Drive. The applicant now proposes that the eight (8) foot high wood fence along the east side property line turn and run along the 25 foot platted building line and tie into the northeast corner of the house. Staff supports the revised application. Staff views the request as reasonable. The proposed eight (8) foot high wood fence will not be out of character with other fence locations in the neighborhood. The proposed eight (8) foot high wood fence should have no adverse impact on the adjacent properties or the general area. Revised Staff Recommendation: Staff recommends approval of the revised fence variance, as filed. Board of Adjustment (October 29, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 4 ayes, 0 noes, 0 absent and 1 open position. 3