boa_06 24 2013LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
JUNE 24, 2013
2:00 P.M.
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 May 20, 2013 meeting were
approved by unanimous vote.
III. Members Present: Jeff Yates, Chairman
Scott Smith, Vice Chairman
Rajesh Mehta
Robert Winchester
Brad Wingfield
Members Absent: None
City Attorney Present: Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
JUNE 24, 2013
2:00 P.M.
I. OLD BUSINESS:
A. Z-8859 3730 E. 36th Street
II. NEW BUSINESS:
Z-8868 3523 Cobb Street
JUNE 24, 2013
ITEM NO.: A
File No.: Z-8859
Owner/Applicant: Kevin L. Smith
Address: 3730 E. 36th Street
Description: North side of E. 36th Street, between Geneva Street and Bud Lane
Zoned: R-3
Variance Requested: Requested appeal of the Planning Staff's determination that a
commercial vehicle (dump truck) cannot be parked on an R-3 zoned property.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Lot
Proposed Use of Property: Parking for Commercial Vehicle Dump Truck
STAFF REPORT
A. Public Works Issues:
No Comment.
B. Staff Analysis:
The R-3 zoned property at 3730 E. 36th Street is undeveloped and grass covered.
The property is located at the northwest corner of E. 36th Street and Geneva
Street, in the College Station Community of Little Rock. An old asphalt/concrete
driveway is located from Geneva Street at the northeast corner of the property. A
small storage building is located at the northwest corner of the property. The
property owner, Kevin Smith, has been parking a Kenworth T600 tri -axle dump
truck on the existing asphalt/concrete driveway.
On March 14, 2013, Kevin Smith was issued a Courtesy Notice letter to cease the
parking of the commercial dump truck on the R-3 zoned property at 3730 E. 36th
Street within seven (7) days. The violation was observed by staff during a routine
survey of the area. On March 22, 2013, Kevin Smith submitted a letter to Tony
Bozynski, Director of Planning and Development appealing the notice, requesting
the continued parking of the commercial dump truck on the R-3 zoned property.
On April 2, 2013, Mr. Bozynski issued a letter to Mr. Smith denying the requested
appeal to park the commercial dump truck at 3730 E. 36th Street. On April 18,
2013, Mr. Smith filed an appeal of Mr. Bozynski's decision to the Board of
Adjustment, requesting continued use of the R-3 zoned property at 3730 E. 36th
Street for the parking of the commercial dump truck.
JUNE 24, 2013
ITEM NO.: A (CON'T.)
Section 36-512 of the City's Zoning Ordinance prohibits the parking of commercial
vehicles in residential zoning as follows:
"(a) Except as provided herein, no portion of
any lot, tract or parcel of land zoned for residential
usage, including districts "R-1" through "R -7a" and
"MF -6" through "MF -24," shall be utilized for the
parking of commercial vehicles with a load
carrying capacity of one (1) ton or greater.
(b) For the purposes of this section, the following
types of vehicles are expressly prohibited at any time:
(1) All commercial tow vehicles or vehicle carriers.
(2) Dump trucks, trash haulers, bulldozers and
other earth haulers or excavation equipment.
(3) Flatbed or stake bed trucks.
(4) Trailers whose designed intent is storage or
transport of material or equipment.
(5) Trucks or buses used in inter -or intra state commerce.
(6) Vans of one (1) ton or greater in load -
carrying capacity.
(7) School or church buses or vans of one (1)
ton or greater in load -carrying capacity.
(8) Street sweepers and vehicle -mounted vacuum
devices intended for the cleaning of streets or parking lots."
The Board of Adjustment is asked to determine if staff was incorrect in denying the
requested appeal and, if it is appropriate to allow Kevin Smith to continue to park
the commercial vehicle (dump truck) on the R-3 zoned property at 3730 E. 36th
Street.
BOARD OF ADJUSTMENT: (May 20, 2013)
Staff informed the Board that the applicant contacted staff on May 20, 2013 and requested
the application be deferred to the June 24, 2013 agenda. Staff supported the deferral
request, noting that it would be the only deferral supported.
The item was placed on the Consent Agenda and deferred to the June 24, 2013 Agenda with
a vote of 4 ayes, 0 nays, and 1 absent.
JUNE 24, 2013
ITEM NO.: A (CON'T.)
BOARD OF ADJUSTMENT: (June 24, 2013)
Kevin Smith was present, representing the application. There were no objectors present.
Staff presented the appeal request.
Kevin Smith addressed the Board in support of the application. He explained that his father
had parked a large truck on the property for a number of years. He noted that the neighbors
had no problem with his truck being parked on the lot. He noted that family members lived in
the immediate area and watched the truck.
Rajesh Mehta asked if parking the truck on the property could be non -conforming. Staff
explained that Mr. Smith would have to supply written documentation showing that a
commercial truck had been parked on the site since the time the City established zoning
jurisdiction in the area. This issue was briefly discussed.
Vice -Chair Smith asked if Mr. Smith could file a CUP or PZD application to allow the truck to
be parked on the property. Staff explained that Mr. Smith could apply to rezone the property
to a PZD designation.
Chairman Yates explained that he did not support Mr. Smith's appeal.
There was a motion to approve the requested appeal of staff's decision. The motion failed by
a vote of 0 ayes, 5 nays and 0 absent. The appeal was denied.
There was a second motion to allow 60 days for a PZD application to be filed or for the truck
to cease being parked on the subject property. The motion passed by a vote of 5 ayes, 0
nays and 0 absent.
To whom it may concern,
This letter is in reference to- code: 36-512 Cuunty, Zorie°K3.
My name is Kevin Smith and I am appealing the denial to resume parking my Kenworth
T6W tri -axle dump truck in a vacant lot.- It is on a �concrete slab in a mostly eroded area, and
poses no threat to the environment. The lot is located at 3730 East 36t' Street Little Rock, Ark.
{Zone K3) in the -College Station part of Little Rock. Prior to this becoming vast tins lot was
the place where my father parked his commercial vehicle as well as my place of residence. I've
been.. parking.rnytruck.hem for the past ten years with no complaints: Also, the residents in- the
area are all family members with no small children. In addition to providing convenience for me
and my family, it.prnvides security as well. I've beard .repots #tern #&63.w drivers of thiet's on
supposedly secure lots.It will be greatly appreciated if I could continue to park there.
Kevin :L_ -:Smith
8907 Kennesaw Mountain Dr.
-Mabelvale-, A -R.721.0 -3 -
Mobile: (501) 766-6660
JUNE 24, 2013
ITEM NO.: 1
File No.: Z-8868
Owner/Applicant: Rose Thompson
Address: 3523 Cobb Street
Description: Lot 12, Block 88, John Barrow Addition
Zoned: R-3
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
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Public Works Issues:
The location and operation of the gate along W. 36th Street must be approved by
Public Works prior to installation. Contact Nathan Charles at 918-5348 for details.
Staff Analysis:
The R-3 zoned property at 3523 Cobb Street is occupied by a one-story brick and
frame single family residence. The property is located at the northeast corner of
Cobb Street and W. 36th Street. There is a new one -car wide driveway from W.
36th Street which will access a new carport addition at the southeast corner of the
residence. A new six (6) foot high wood fence has also been constructed along
the south (street side) and east (rear) property lines, as noted on the attached site
plan. An existing six (6) foot high wood fence is located along the north side
property line. The new fence ties into the southwest corner of the residence, with a
new fence section located between the northeast corner of the house and the
existing wood fence along the north property line.
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 building setback line and a
street right-of-way on property zoned residential. Six (6) foot high fences are
allowed elsewhere on residential lots. The minimum required street side building
setback for this lot is 4.8 feet. Therefore, the applicant is requesting a variance to
allow that portion of the six (6) foot high fence which is located within 4.8 feet of the
south (street side) property line. The remaining sections of new fence comply with
ordinance standards.
JUNE 24, 2013
ITEM NO.: 1 (CON'T.)
Staff is supportive of the requested variance. Staff views the request as
reasonable. The applicant has simply enclosed the rear and side yard areas of the
lot for security purposes. The new fence does not extend into the front yard area.
The proposed fence placement is similar to fences found in residential subdivisions
throughout Little Rock. The City's Traffic Engineering division has reviewed the
new fence placement and has noted that there are no blind corner issues. Public
Works has also reviewed and approved the new driveway constructed from W. 36th
Street. Staff believes that the new fence 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 a
permit being obtained for the fence construction and compliance with the Public
Works requirement as noted in paragraph A. of the Staff Report.
BOARD OF ADJUSTMENT: (June 24, 2013)
Rose Thompson was present, representing the application. There were no objectors
present. Staff presented the application with a recommendation of approval.
Rose Thompson addressed the Board in support of the application. She explained that she
needed the six (6) foot high fence for security purposes. She noted that she had filed four (4)
police reports in the past year because of vandalism. She also noted that she had a dog that
could jump over a four (4) foot high fence.
Vice -Chair Smith asked staff what fence heights were allowed by ordinance. Staff explained
the ordinance requirements. The issue was further discussed. Staff noted that there were
similar fence situations throughout the City. Vice -Chair Smith made additional comments
regarding the fence requirements.
Ms. Thompson further explained that the fence was needed primarily for security purposes.
There was additional discussion regarding the fence placement.
There was a motion to approve the application as recommended by staff. The motion
passed by a vote of 4 ayes, 1 nay, and 0 absent. The application was approved.
To whom it may concern:
I am requesting a variance in order to have a six
Foot fence : due to
1. Within the last year I have had three police
Reports due to my yard being vanderlism, some one
on several occasions attempted to steal
My vents newly installed by terminax
2; 1 live alone, this fence will provide me with additional
Security and safety
2.i have a dog, and he can jump a four foot fense
Sincerely,
rel e
Rose Tpson
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June 24, 2013
There being no further business before the Board, the meeting was adjourned at 2:36 p.m.
Date:
Chairman U U