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Council delays decision on request to extend landscaping into Whitehall Road right of way
Summary
A request to allow a landscaping bed to encroach into the public right of way at 3200 Whitehall Road was carried for staff follow-up after council raised safety and utility concerns; staff said an indemnification agreement is required for any right-of-way encroachment.
The Homewood City Council considered a request to permit a landscaping bed to extend into the public right of way at 3200 Whitehall Road but carried the item for further information.
City staff explained the dotted line on the plan shows the property line and that a sizable city right of way separates the road from the property; some landscaping already remains from the prior house. Staff said right-of-way encroachments are city property matters and require council approval and an indemnification agreement, though landscaping (unlike structures) does not involve BZA setbacks.
A council member raised safety concerns about a roughly 10-foot drop-off on the Whitehall side and asked whether construction fencing or irrigation lines would be installed. Staff said there is no current ordinance requiring construction fencing for situations like this and agreed to clarify whether irrigation lines would run under city property so the matter could be written into the indemnification agreement if needed.
Because multiple technical and safety points required clarification, the council agreed to carry the item and take it up at a later meeting rather than vote that night.
