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boa_12 14 2015LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES DECEMBER 14,2015 2:00 P.M. I.Roll Call and Finding of a Quorum A Quorum was present being five (5)in number. II.Approval of the Minutes of the Previous Meetings The Minutes of the October 26,2015 meeting were approved. III.Members Present:Jeff Yates,Chairman Brad Wingfield,Vice Chairman Carolyn Lindsey Polk Rajesh Mehta Robert Tucker Members Absent:None City Attorney Present:Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA DECEMBER 14,2015 2:00 P.M. I.OLD BUSINESS: A.Z-3371-AAA 600 Colonel Glenn Plaza B.Z-3077-B 1723 N.Pierce Street 11.NEW BUSINESS: 1.Z-3915-C 12024 Interstate 30 2.Z-7803-A 5819 Hawthorne Road 3.Z-9095 1821 N.Tyler Street DECEMBER 14,2015 ITEM NO A File No.:Z-3371-AAA Owner:Playtime Partnership,LLC Applicant:Mark Redden,Holloway Engineering Address:600 Colonel Glenn Plaza Loop Description:South end of Colonel Glenn Plaza Loop Zoned:C-3 Variance Requested:Variances are requested from the sign provisions of Section 36-555 to allow a ground-mounted sign with increased height and area. Justification:The applicant's justification is presented in an attached letter. Present Use of Property:Restaurant with inside amusement Proposed Use of Property:Restaurant with inside amusement STAFF REPORT A.Public Works Issues: No Comments B.~Staff Anal sis: The C-3 zoned property at 600 Colonel Glenn Plaza Loop is occupied by a Playtime Pizza facility.The property is located near the south end of Colonel Glenn Plaza Loop,south of the Rave Theater.A two-story commercial building housing the pizza restaurant/arcade is located within the west half of the property.Paved parking is located on the north and east sides of the building. On February 25,2001 the Board of Adjustment approved variances for increased sign height and area for a subdivision sign along the east property line (I-430 frontage)of 600 Colonel Glenn Plaza Loop.The sign was approved with a maximum height of 50 feet and an area of approximately 400 square feet.The sign has been installed and is internally lighted.The sign is to contain the names of businesses within the Glenn Ridge Crossing Subdivision.The sign variances were approved with the following conditions: 1.A sign permit must be obtained for the sign. 2.There are to be no other ground-mounted signs within the Glenn Ridge Crossing Subdivision located along 1-430 frontage of the Subdivision. DECEMBER 14,2015 ITEM NO.'CON'T. On August 30,2010 the Board of Adjustment unanimously denied a request to increase the height of the previously approved sign from 50 feet to 75 feet.The sign area was to remain the same.The Planning Staff did not support the increased height. Section 36-555(a)(2)of the City's Zoning Ordinance allows a maximum sign height of 36 feet and a maximum sign area of 160 square feet for signs in commercial zoning districts.The applicant is back before the Board requesting to replace the previously approved sign with a new electronic sign,as noted on the attached site plan and sign graphics.The new proposed sign will be 320 square feet in area and 75 feet in height.The applicant proposes that the new sign serve not only the Glenn Ridge Crossing Subdivision,but also the businesses on the entire southeast portion of the Colonel Glenn/1-430 intersection.See the applicant's attached cover letter for a list of the businesses.The increased height is being proposed so that the sign can be seen above the tree line by north and south bound 1-430 traffic. Staff is not supportive of the requested sign height variance.Staff feels the previous approval of a 50 foot sign height was fairly generous.The requested sign height of 75 feet is over twice the height allowed for commercial signage,including billboards in commercial zones.Additionally,the sign is located along interstate 430 which is designated as a scenic corridor and allows no billboard signs. Although the proposed sign is not a billboard,staff believes that the sign violates the spirit and intent of the scenic corridor designation.The City's Board of Directors designates a roadway a scenic corridor because the roadway "exhibits special aesthetic and visual characteristics worthy of protection".Staff believes the existing sign height does allow some visibility from 1-430.Staff feels that increasing the sign height to 75 feet at this location would have a negative impact on I-430's designation as a scenic cordidor by triggering other businesses in theareatorequestsimilarsignheights. Additionally,the previous approval was for a subdivision multiple tenant identification sign.Similar type signs have been approved for major shoppingcenterdevelopmentsintheCity.As prepared by the applicant,the sign is to identify not just the businesses within Glenn Ridge Crossing Subdivision but also the businesses on the entire southeast portion of the interchange.In staffs opinion,this creates an off premises sign which is specifically prohibited on the scenic corndor. C.Staff Recommendation: Staff recommends denial of the requested sign height and area variances associated with the new proposed subdivision sign. 2 DECEMBER 14,2015 ITEM NO.:A CON'T BOARD OF ADJUSTMENT (July 27,2015) Staff informed the Board that the applicant requested this application be deferred to the August 31,2015 agenda,based on the fact that the applicant would not be present. Staff supported the deferred request. The item was placed on the Consent Agenda for deferral to the August 31,2015 agenda as recommended by staff.The vote was 4 ayes,0 nays and 1 absent.The application was deferred. BOARD OF ADJUSTMENT (August 31,2015) Steve Landers was present,representing the application.There were no objectors present.Staff presented the application with a recommendation of denial. Steve Landers addressed the Board in support of the application.He noted that there would be few changes to the existing sign.He referred to the UCraina sign which was recently placed along Colonel Glenn Road and presented a photo to the Board.He explained reasons for the proposed sign. Chairman Yates explained that the proposed sign described by Mr.Landers was nothing like the graphics submitted for the application and presented to the Board.Mr. Landers noted that the graphics presented were not of the sign he wished to construct. Mr.Landers asked to defer the application in order to provide a different sign design. Staff supported a deferral to the September 28,2015 agenda.There was a brief discussion of the deferral. There was a motion to defer the application to the September 28,2015 agenda.The motion passed by a vote of 5 ayes,0 nays and 0 absent.The application was deferred. ~Staff U date: On September 14,2015 the applicant submitted revised sign graphics to staff for the proposed commercial sign at 600 Colonel Glenn Plaza Loop.As shown on the attached graphics,the proposed sign will have backlit panels and will not be an electronic message sign.The sign now has a more typical commercial sign design,and does not have the appearance of a billboard.The area of the proposed sign has been increased from 320 square feet to 600 square feet.The proposed sign height has increased from 75 feet to 85 feet.The applicant notes that 30 feet of the sign will be visible above the existing tree line along I-430.The silhouette of the sign which will be visible above the tree line will be 900 square feet in area. Staff continues to recommend denial of the requested sign area and height variances for the reasons noted in the aStafl Analysis"(paragraph B.).Staff continues to believe that the proposed sign will have a negative impact on I-430's designation as a scenic corridor.With respect to other commercial subdivision signs,some mentioned at the 3 DECEMBER 14,2015 ITEM NO:A CON'T. last meeting,following is what has been approved by the Board of Adjustment or Planning Commission: ~Shackleford Crossing Shackleford frontage:36 feet in height/380 square feet 1-430 frontage:36 feet in height/380 square feet ~Gateway Town Center 1-430 frontage:49.5 feet in height/740 square feet Otter Creek Road frontage:25 feet in height/370 square feet ~Mabelvale Plaza 1-30 frontage:30 feet in height/266 square feet Mabelvale Pike frontage:34 feet in height/310 square feet BOARD OF ADJUSTMENT (September 28,2015) Mark Redder and Brian Carney were present,representing the application.There were no objectors present.Staff presented the revised application with a recommendation of denial. Mark Redder addressed the Board in support of the application.He explained that the previously approved sign was 50 feet in height,and that the current proposal met the intent of the previous application.Brian Carney explained that the proposed sign height and area was due to the topography of the site and the trees within the right-of-way of I- 430.Mr.Redder noted that the existing sign was visible for only a fraction of a second from 1-430 traffic.Mr.Carney explained that the top 30 feet of the proposed sign would be visible above the tree line.There was a brief discussion regarding the proposed sign height. Carolyn Lindsey-Polk asked if the Highway Department had been contacted regarding tree cutting.Mr.Redder explained that the Highway Department would not allow tree cutting for businesses. Chairman Yates explained that he understood the issue of the proposal.He noted that the scenic corridor was established by the Board of Directors,and that he would not vote to approve something that would oppose the scenic corridor designation.There was additional discussion regarding the proposed sign height and area. There was additional discussion pertaining to the possibility of a different zoning action/application to include the sign request. Mr.Carney asked to defer the application to the October 26,2015 agenda to explore the option of a different application. 4 DECEMBER 14,2015 ITEM NO.:A CON'T There was a motion to defer the application to the October 26,2015 agenda.The vote was 3 ayes,1 nay and 1 absent.The application was deferred. BOARD OF ADJUSTMENT (October 26,2015) Staff informed the Board that the applicant submitted a letter to staff requesting this application be deferred to the December 14,2015 agenda.Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the December 14,2015 agenda as recommended by staff.The vote was 3 ayes,0 nays and 2 absent.The application was deferred. BOARD OF ADJUSTMENT (December 14,2015) Staff informed the Board that the application needed to be deferred to the January 25, 2016 agenda based on the fact that staff needed to provide more information to the Board regarding a revised application and revised staff recommendation. The item was placed on the Consent Agenda for deferral to the January 25,2016 agenda as recommended by staff.The vote was 5 ayes,0 nays and Oabsent.The application was deferred. 5 y-3s7 7-844- Ijg)ERS Q TOYOTA SCION September 14,2015 City of Little Rock Board of Adjustment 500 West Markham Street Little Rock,AR 72201 RE:Item 2-3371-AAA —Sign Variance Request Dear Board Members, Please find attached a rendering of the proposed sign.The sign consists of two outside masts with a center directory containing 10 equally spaced placards.These placards will consist of backlit acrylic panels.Businesses within the subdivision will be able to use either one or two of these horizontal sections.As you will see,we are not proposing an electronic message board. We'e created the attached three-dimensional rendering in order to accurately depict how the sign will actually look within the existing topography.During this process of developing this drawing,it became clear that the sign area and height would need to be increased if the individual placards were to be legible.We are requesting that the sign be 600sf in total area.For the entire sign to be legible with the proposed sign area,it will need to be 85'n total height.At 85'all,only about 30'f the sign is actually visible. We are requesting these variances because of the obstructing tree line.The sign was approved at 50'o provide some visibility in 2001.However,it was only constructed to 45'.The trees have matured in the interim.We understand that the requested 85'n height is taller than normally allowed,however other subdivision signs have been granted variances due to obstructions.We believe the height of the sign relative to the adjacent obstructions is in keeping with the intent of the ordinance. We apologrze for any confusion in this matter and appreciate you taking the time to review our revised design.We look forward to meeting with you again on the 28 Steve Landers I 0825 COLONEL GLENN ROAD LITTLE ROCK AR 72204 PRONE:501 568.5800 TOLL FREE 877 946.5800 www.isndersloyole.corn www lendersscron.corn DECEMBER 14,2015 ITEM NO ' File No.:Z-3077-B Owner/Applicant:Steve Craig Address:1723 N.Pierce Street Description:Lot 10,Block 22,Mountain Park Addition 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 A.Public Works Issues: No Comments. B.~fftaff Anal ala: The R-2 zoned property at 1723 N.Pierce Street is occupied by a one-story frame single family residence.The property is located at the southeast corner of N.Pierce Street and Cantrell Road,and previously housed a Masonic lodge.A one-car wide driveway is located at the southwest corner of the lot.The driveway extends along the south side of the residence to a parking pad in the rear yardarea. The applicant recently remodeled the existing structure and converted it to a single family residence.As part of the project,a new wood fence was constructed alongthenorth(side)property line and east (rear)property line,enclosing the rear yardarea.The fence along the north property line 7.5 feet in height;six (6)foot highwoodpickets,with 1.5 feet of wood lattice on top.The fence along the east property line is a standard six (6)foot high wood fence. 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 street fronting property lines andrequiredbuildingsetbacklines.Six (6)foot high fences are allowed elsewhere ontheproperty.Therefore,the applicant is requesting a variance to allow the 7.5 foot DECEMBER 14,2015 ITEM NO.:B CON'T. high wood fence and a portion of the six (6)foot high fence along the north (side) street fronting property line and a portion of the east (rear)property line,between the 4.65 foot required side building setback and the Cantrell Street right-of-way. Staff is supportive of the requested fence height variance.Staff views the request as reasonable.The proposed 7.5 foot high fence along the north property line will help in buffering the property from the noise and light generated from traffic along Cantrell Road.The proposed fence height will not be out of character with the general area.There are numerous fences and walls along the Cantrell Road property lines of residences which are eight (8)to ten (10)feet in height.Staff believes the proposed fence with increased height will have no adverse impact on the adjacent properties or general area. C.Staff Recommendation: Staff recommends approval of the requested fence height variance,as filed. BOARD OF ADJUSTMENT (October 26,2015) Staff informed the Board that the application needed to be deferred to the December 14,2015 agenda based on the fact that the applicant failed to complete the required notifications to surrounding property owners. The item was placed on the Consent Agenda for deferral to the December 14,2015 agenda as recommended by staff.The vote was 3 ayes,0 nays and 2 absent.The application was deferred. BOARD OF ADJUSTMENT (December 14,2015) The applicant was present.There were no objectors present.Staff presented the application with a recommendation of approval.There was no further discussion. The item was placed on the Consent Agenda for approval as recommended by staff. The vote was 5 ayes,0 nays and 0 absent.The application was approved. 2 2-5~77-5 Craig Custom Construction 2200 Brookwood Dr Suite 110 Little Rock,AR 72210 [301-744-4383 I davidCWcraighomes.com October 1,2015 City of Little Rock Permits and Planmng 723 W Markham Little Rock,AR To whom it may concern: !would like to formally request a variance to allow for the placement of a fence on the north side of the property at 1723 N Pierce that spans from the corner of the structure all the way to the northeast property pin.The fence will be a standard 6 foot picket with 18"of decorative lattice on top.The purpose of tins fence will be to block noise from Cantrell as well as protecting pets and children fi om the busy street. Sincerely. Steve Craig President Craig Custom Construcnon DECEMBER 14,2015 ITEM NO.:1 File No.:Z-3915-C Owner:Fletcher Realty,LLC Applicant:Greg Criner,Lamar Address:12024 Interstate 30 Description:North side of 1-30,south of Otter Creek Road Zoned:C-4 Variance Requested:A variance is requested from the sign provisions of Section 36-556 to allow an off-premise sign with increased height. Justification:The applicant's justification is presented in an attached letter. Present Use of Property:Undeveloped Proposed Use of Property:Future Commercial Development STAFF REPORT A.Public Works Issues: No Comments. B.S~tffAn I The C-4 zoned property at 12024 Interstate 30 is currently undeveloped and partially paved and partially gravel covered.The property was previously used as truck and trailer parking/storage for Cal Ark Trucking.Cal Ark Trucking has moved its facilities to the south,across 1-30,to the old Affiliated Foods site. The applicant proposes to construct a new off-premise billboard sign at the southwest corner of the subject property,as noted on the attached site sketch and area zoning map.The billboard is proposed to be 360 square feet in area, with a height of 45 feet.The proposed billboard will be located 45 feet back from the south (I-30 frontage)property line. Section 36-556(a)(2)of the City's Zoning Ordinance allows a maximum height of 35 feet for billboards in C-4 zoning.Therefore,the applicant is requesting a variance to allow the proposed billboard with a height of 45 feet.The applicant notes that the increased height is requested due to the existing trees between the subject property and the property immediately to the west,and the existing ground-mounted sign on the property to the west. DECEMBER 14,2015 ITEM NO:1 CON'T. Staff does not support the requested variance to allow increased billboard height.Staff does not believe the request is reasonable.The subject property is relatively flat with very little slope,as is the interstate and frontage road along the south property line.Staff feels that the existing trees and neighboring on- premise sign mentioned by the applicant will create only a minor visibility issue. This minor visibility issue will be only for east-bound l-30 traffic.Visibility should be no issue for west-bound traffic.Staff believes that additional sign height is not justified in this case. C.Staff Recommendation: Staff recommends denial of the requested billboard sign height variance. BOARD OF ADJUSTMENT (December 14,2015) Greg Criner and Tom Gibbens were present,representing the application.There were no objectors present.Staff presented the application with a recommendation of denial. Greg Criner,of Lamar,addressed the Board in support of the application.He noted thatthevariancewasfora45footmaximumsignheight.He explained that the existingtreesandtheon-premise sign to the west would cause visibility problems.He noted that the property owner had approved the sign location at the southwest corner of thesubjectproperty.He explained that the proposed sign would have vertical separation from the on-premise sign to the west. Tom Gibbens,of Lamar,also addressed the Board in support.He noted that 672squarefeetwasthemaximumsignareathatcouldbeutilized,but was only requesting360squarefeetwiththevarianceapplication.He explained that an off-premise signcouldbe45feetinheightonnearbyindustrialzonedproperty. Robert Tucker asked why the sign had to be located at the southwest corner of thesubjectproperty.Mr.Gibbens noted that the property owner wanted the sign at thesouthwestcorneroftheproperty.He also explained that the sign had to be at least1,000 feet away from another off-premise sign. Rajesh Mehta asked about allowed sign height with respect to industrial zoning.Staff noted that industrial zoning allowed a 45 foot sign height and that the nearest industrial zoning is across 1-30 to the south.There was brief additional discussion related to sign height and sign height with respect to interstate elevation.In response to a question from staff,Mr.Gibbens noted that the maximum sign area would be 360 square feet iftheheightvariancewereapprovedandthatthesignwouldnotbeelectronic. There was a motion to approve the application.The motion failed by a vote of 1 aye,4 nays and 0 absent.The application was denied. 2 2-Z1 is-~ C&r~) October 27,2015 City of Little Rock Department of Planning and Development 723 West Markham Little Rock,Arkansas,72205 Re:Zoning Variance Request —12024 Interstate 30 To Whom It May Concern, Lamar Outdoor Advertising has received a permit to erect an outdoor advertising (off premise )sign at 12024 Interstate 30.The permit issued by the City of Little Rock is 29603. The property Lamar Outdoor Advertising has leased to erect sign is zoned C-4.This zoning classification has a maximum height allowed for the sign to be 35 feet overall height from existing grade of interstate. Lamar Outdoor Advertising is seeking a variance to have the overall height of the sign be 45 feet, rather than 35 feet.We would also like to note that the approved sign height for off premise signs in industrial zones is 45 feet presently.All other requirements regarding permit are satisfactory. Lamar Outdoor Advertising has negotiated and agreed in order to enter into the ground lease agreement with Fletcher Properties,LLC to place the sign at the western corner or end of the property along Interstate 30 next to abutting property which is zoned industrial. Lamar Outdoor Advertising believes this request is reasonable for consideration and approval based upon several factors. Lamar Outdoor Advertising believes based upon the zoning criteria for the surrounding area which is a large inclusion of industrial zoned properties for business and also that other operators of signs in the area have been granted said variances for sign height that this request is reasonable to be approved. Lamar Outdoor Advertising would also like to bring to attention that the request or hardship for the additional 10 feet is also based upon the on premise sign of the abutting property owner and vegetation or trees present.It would be beneficial to the abutting property owner as well as applicant for Lamar Outdoor Advertising to be granted variance to build our sign above theirs thus creating a clear view for motorists for both parties and also clearing any obstruction for vegetation as well. It is our understanding that the permitted overall height of the on premise sign from the abutting property owner,Cal-Ark is 30 feet (36 feet maximum allowed as I understand).The construction dimensions of the sign Lamar Outdoor Advertising has permitted to build leaves a clearance of 35 feet from the ground to the bottom of the display panel.This would allow for a clearance of 5 feet between the two signs and present a clear view of both signs to motorists traveling interstate. Lamar Outdoor Advertising does appreciate the opportunity to come before the board and seek this variance.I am glad to answer all questions regarding this request at the meeting. Sincerely, Greg Criner Real Estate and Public Affairs Manager for Lamar Outdoor Advertising,Little Rock DECEMBER 14,2015 ITEM NO ' File No.:Z-7803-A Owner:William and Amanda Groce Applicant:Chris Milligan Address:5819 Hawthorne Road Description:South side of Hawthorne Road,between N.University Avenue and N.Pierce Street Zoned:R-2 Variance Requested:A variance is requested from the area provisions of Section 36-254 to allow a building addition with a reduced side setback. 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 A.Public Works Issues: No Comments. B.Buildin Codes Comments The required fire separation distance (building to property line)prescribed by the building code terminates at five (5)feet.Buildings are allowed to be closer than five (5)feet if they have properly constructed fire walls which provide the requisite one (1)hour fire resistance rating.When buildings are five (5)feet or more from the property line,the requirement no longer applies to the wall itself,only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3)feet from the property line,and are prohibited when the exterior wall is less than three (3)feet from the line.There is no restriction on openings when the exterior wall is more than three (3)feet from the property line. Contact the City of Little Rock Building Codes at 371-4832 for additional details. DECEMBER 14,2015 ITEM NO:2 CON'T. C.~fftaff Anal sls: The R-2 zoned property at 5819 Hawthorne Road is occupied by a one-story frame single family residential structure.There is a one-car wide driveway from Hawthorne Road which serves as access.There is a one-story frame carport/garage structure located along the west side of the residential structure. The carport/garage structure is approximately 12 feet wide.It is located 2.9 feet to 3.7 feet from the west side property line.The existing west side setback was approved by the Board of Adjustment on March 28,2005. The applicant proposes to remove the existing carport/garage structure and construct a new garage and room addition as noted on the attached site plan.The new addition will maintain the same setback (2.9 feet to 3.7 feet)from the west side property line as the existing structure.The new addition will be located approximately 33 feet back from the rear (south)property line. Section 36-254(d)(2)of the City's Zoning Ordinance requires a minimum side yard setback of six (6)feet for this 60 foot wide R-2 zoned lot.Therefore,the applicant is requesting a variance from this ordinance standard to construct the new garage/carport structure with a 2.9 foot to 3.7 foot side (west)setback.The variance is required based on the fact that the proposed overall structure is larger than the existing structure,as previously approved by the Board of Adjustment. Staff is supportive of the requested variance.Staff feels that the variance request is reasonable,and that the new garage/room addition will not be out of character with the neighborhood.As noted previously,the proposed addition will have the same side setback as the existing carport/garage.The proposed addition is only slightly larger than the existing carport/garage structure.The house immediately to the west is located approximately eight (8)feet from the dividing side property line. Therefore,staff feels that adequate separation will exist between the two (2) houses,and the garage/carport addition will have no adverse impact on the adjacent properties or the general area. D.Staff Recommendation: Staff recommends approval of the requested side setback vadance,subject to guttering being provided to prevent any water run-off onto the adjacent property to the west. BOARD OF ADJUSTMENT (December 14,2015) The applicant was present.There were no objectors present.Staff presented the application with a recommendation of approval.There was no further discussion. The item was placed on the Consent Agenda for approval as recommended by staff. The vote was 5 ayes,0 nays and 0 absent.The application was approved. 2 Dwellings,Inc.$0 2224 Cannell Ronde titde Rack,AR 72202n Phone:501-ggt4)729 E-Mail:mdligan.cgsgmaiLcom Weh:dnethngsoccom 24~+z. 2-7s~s-A Date:November 26,2015 Department of Planning and Development 723 West Markham Litde Rock,AR 501-371-4790 RE:Variance for sideyard encroachment Dear Sir or Madam: I am writing to you on behalf of Amanda and Trey Groce,the current homeowners of 5819 Hawthorne Road in the Forest Heights Place addition to the City of Little Rock.We are requestmg a variance to the code requiring a minimum of 6'-0" side-yard setback on one side of the existing house. The existing house currently sits on the property with 6'-4"I'rom the east side property ime and 16'-0"from the west side property line.Our proposed design for expansion of the existing horne woukl add a 12'-0"wide single car,6tont loading garage to the west side of the house in order to get one vehicle into a safe enclosed space,while keeping another olf the street.This would bring the structure to 4'-0"from the property line,still allowing adequate access to the rear of the house. We hope you will consider our request to encroach into the side yard setback. Dwellings,Inc. DECEMBER 14,2015 ITEM NO.:3 File No.:Z-9095 Owner:Bryan and Susan Davis Applicant:Keith Wingfield Address:1821 N.Tyler Street Description:East side of N.Tyler Street,north of Cantrell Road Zoned:R-2 Variance Requested:A variance is requested from the fence provisions of Section 36-516 to allow construction of a fence with increased height. 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 A.Public Works Issues: No Comments. S.~Staff Anal ala: The R-2 zoned property at 1821 N.Tyler Street is occupied by a single family residence which is under construction,nearing completion.An alley is located along the rear (east)property line.A two-car wide driveway from the alley will serve as access. The applicant proposes to replace an existing six (6)foot high wood fence along a portion of the north side property line with a new eight (8)foot high wood fence. The applicant also proposes to construct an eight (8)foot high decorative iron fence along the rear (east)property line.The proposed wood fence will be located approximately 16 to 18 feet back from the front,northwest corner of the residence. There is an existing eight (8)foot high wood fence along a portion of the south side property line. Section 36-516(e)(1)a.of the City's Zoning Ordinance allows a maximum residential fence height of six (6)feet.Therefore,the applicant is requesting a variance to allow the proposed eight (8)foot high fencing. DECEMBER 14,2015 ITEM NO 'CON'T Staff is supportive of the requested fence height variance.Staff views the requestasreasonable.The proposed eight (8)foot high fence will not be out of character with the neighborhood.Other eight (8)foot high fences exist throughout the area. Staff believes the proposed eight (8)foot high fencing will have no adverse impact on the adjacent properties or the general area. C.Staff Recommendation: Staff recommends approval of the requested fence height variance,subject to the finished side of the wood fence facing the property to the north. BOARD OF ADJUSTMENT (December 14,2015) The applicant was present.There were no objectors present.Staff presented the application with a recommendation of approval.There was no further discussion. The item was placed on the Consent Agenda for approval as recommended by staff. The vote was 3 ayes,0 nays,0 absent and 2 recusals (Wingfield and Lindsey-Polk). The application was approved. 2 River Rock go)5 P.O.Box 242689 LiNe Rock,Arkansas 72223 (501)225-4134 October 17,2015 City of Little Rock Board of Adjustment Department of Planning and Development 723 W.Markham Little Rock,AR 72201 Re:Fence height vadance for 1821 North Tyler Dear Sirs or Madam: I represent the owner of the above referenced property.This property has a new home under construction and nearing completion.The fence on the south side of the property was installed by the adjoining neighbor (1819 North Tyler)who received a variance from the City to construct to an eight foot height several years ago. The fence to the north side of the property is a six foot wooden privacy fence.Both the applicant and the neighbor to the north (1823 North Tyler)support the installation of an eight foot privacy fence to separate the two properties to provide more security and privacy to each property. This property has access to a rear alley for the enclosed garage and driveway.The applicant would like to enclose two small yard areas separating the rear driveway from the alley and request a fence height variance from six to eight feet. The fencing will be constructed of treated yellow pine and will contain decorative posts and a decorative cap rail.A small portion of the two yard areas will have decorative metal railings along the driveway length. We would appreciate the granting of this variance. Keith A.Wingfield,LEED AP,CGB,CGP River Rock Builders,LLC BOARD OF ADJUSTMENT VOTE RECORD DATE:CE /Zdi P'&Ai~»i 8 kdma,~f ~~~~~ MEMBER 8 L 3 LINDSEY POLK,CAROLYN AT TY'' MEHTA,RAJESH i/ TUCKER,ROBERT v'INGFIELD,BRAD v'ATES,JEFF IY 0 TIME IN AND TIME OUT LINDSEY POLK,CAROLYN MEHTA,RAJESH TUCKER,ROBERT Ar 1 WINGFIELD,BRAD 2:SO YATES,JEFF Meeting Adjourned 2 '~P.M. ~AYE NATE ~ABSENT ~ABSTAIN P lUET DECEMBER 14,2015 There being no further business before the Board,the meeting was adjourned at 2:19 p.m. Date:ZAnVQ( Chai a Secretary