Legislation Details

File #: 26-0089    Version: 1 Name: A26-03 Order of Approval - Findings of Fact: A variance request to permit taller ornamental fencing
Type: Consent Status: Agenda Ready
File created: 2/3/2026 In control: Zoning Commission
On agenda: 2/10/2026 Final action: 9/9/2026
Title: A26-03. Order of Approval - Findings of Fact: A variance request to permit taller ornamental fencing than allowed under the Unified Development Ordinance (UDO) fence standards, located at 3200 Cliffdale Road (REID 0417775939000), owned by Fayetteville Academy, represented by Harold Smelcer of Smelcer Contractors, Inc.
Attachments: 1. A26-03 Findings of Fact Draft _Legal (Clean)
TO: Zoning Commission

THRU: Craig Harmon, CZO - Senior Planner

FROM: Demetrios Moutos, AICP - Planner II

DATE: February 10, 2026

RE:Title
A26-03. Order of Approval - Findings of Fact: A variance request to permit taller ornamental fencing than allowed under the Unified Development Ordinance (UDO) fence standards, located at 3200 Cliffdale Road (REID 0417775939000), owned by Fayetteville Academy, represented by Harold Smelcer of Smelcer Contractors, Inc.
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COUNCIL DISTRICT(S):
Council District(s)
City Council District 8 - Council Member Shaun McMillan


b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2025
Goal I - Safety & Security
* Objective 1.3 (property and violent crime) and Objective 1.4 (community watch and safety events). Perimeter security improvements can help support a safe school campus environment.
Goal IV - Live, Work, & Recreate
* Objective 4.4 (clean and beautiful community). The requested fence is ornamental with brick columns and is intended to be visually compatible with existing fence styles along the roadway.

Executive Summary:
Harold Smelcer, Smelcer Contractors, Inc., on behalf of Fayetteville Academy, requested a variance from UDO Section 30-5. D (Fences and Walls), including Table 30-5. D.4, to allow a six (6) foot ornamental perimeter security fence with brick columns in an area designated as a frontage/front yard, where the base code limits fence height to four (4) feet.
The Zoning Commission conducted an evidentiary hearing on January 13, 2026, and approved the variance by a 5-0 vote. The attached Order to Approve A26-03 (dated February 10, 2026) memorializes the Commission's findings of fact and conclusions of law based on the hearing record.

Background:
Property Owner: Fayetteville Academy
Applicant: Harold Smelcer, Smelcer Contractors, Inc.
Requested Action: Variance from UDO 30-5. D (Table 30-5. D.4) to allow a six (6) foot ornamental perimeter security fence with brick co...

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