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Board of Adjustment approves 7-foot rear-yard fence at 1205 South Houston Avenue
Summary
At its November meeting the Russellville City Board of Adjustment unanimously granted Andy and Shirley Hadley a variance to build a 7-foot rear-yard fence at 1205 South Houston Avenue, citing a roughly 10-foot elevation difference with a new adjacent duplex; approval came with two staff conditions.
At its November meeting the Russellville City Board of Adjustment voted unanimously to grant a variance allowing a 7-foot rear-yard fence at 1205 South Houston Avenue, which sits adjacent to a new duplex development.
City staff recommended approval after finding "special conditions" that distinguished the lot from others in the R2 medium-density residential district. "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," a staff member told the board, and staff said that difference would create an undue infringement on the applicant's privacy if the variance were denied. Staff cited Article 4.1 and Article 4.4.3 of the Russellville zoning code in its review.
Under the city's zoning code, fences in rear yards are normally limited to 6 feet. The applicants, identified in the application as Andy and Shirley Hadley (the transcript records the applicant speaking as "Shirley Hatley"), asked for a 1-foot increase to address security and privacy concerns tied to the height of the new duplex.
The board heard a site-specific explanation from staff that the proposed fence will be entirely on the owner’s property per a survey and that stormwater flow along the adjacent property requires a clearance under the northeast corner of the fence. Staff recommended approval with two conditions: that the contractor’s fence plan be updated with accurate measurements before a building permit is issued, and that the northeast corner of the fence maintain at least a two-inch clearance above grade for flow per Article 4.4.3.
When asked why she requested a seven-foot fence rather than an eight-foot option, the applicant said: "I didn't want it eight foot back there. I thought that looked kind of odd." She added that she plans to plant trees in the spring to add additional screening.
A motion to approve the variance was made and seconded; all members present — Miller, Straoud, Cummings, Clear and Commissioner Catherine — signaled approval and the chair announced the motion carried. The approval implements the staff conditions and does not change the underlying zoning classification of the lot.
Votes at a glance: - Motion to approve October meeting minutes: carried (all present voted in favor). - Motion to remove staff variance for Article 4.1 at 522 South Jonesboro (Lawrence): carried (all present voted in favor). - Motion to approve variance for a 7-foot fence at 1205 South Houston Avenue (Hadley application): carried (unanimous); conditions: updated contractor plan and two-inch clearance at northeast corner for stormwater flow.
The meeting adjourned after the vote.
