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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 0 L? 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 T4-4�- -4 1 2 - o, (/- 6 S/ 00 INN 111111 ME ME C. IIIII j1111 ME III � a �9 �1 a a� 0 M, w Z i June 24, 2013 There being no further business before the Board, the meeting was adjourned at 2:36 p.m. Date: Chairman U U