boa_10 29 2012LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
OCTOBER 29, 2012
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 September 24, 2012 meeting were
approved as mailed 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
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LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
OCTOBER 29, 2012
2:00 P.M.
I. OLD BUSINESS:
A. Z-8804 26 Glasgow Court
II. NEW BUSINESS:
1. Z -1704-B 5808 N . Country Club Blvd.
2. Z -5295-A 4 Betswood Circle
3. Z -8069-B 5241 Edgewood Road
4. Z-8811 1220 S. Washington Street
5. Adoption of 2013 Board of Adjustment Calendar
OCTOBER 29, 2012
ITEM NO.: A
File No.: Z-8804
Owner: Kuhn Construction
Applicant: Mike Kuhn
Address: 26 Glasgow Court
Description: Lot 12, Block 21, The Villages of Welllington
Zoned: R-3
Variance Requested: A variance is requested from the area provisions of Section 36-255
to allow a building addition with reduced rear 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 Comment.
B. Staff Analvsis:
The R-2 zoned property at 26 Glasgow Court is occupied by a one-story brick
single family residence. The property is located on the west side of Glasgow
Court, which runs south from Wellington Village Road. A two -car wide driveway
from Glasgow Court is located at the northeast corner of the lot. A side loading
garage is located at the front, southwest corner, of the residence.
The applicant recently completed a 10.6 foot by 23 foot addition to the southwest
corner of the residence, as noted on the attached site plan. The addition is one (1)
story in height and was constructed to enlarge the home's master bedroom area.
The addition is located 5.1 feet from the south side property line and 21.6 feet from
the rear (west) property line.
Section 36-255(d)(3) of the City's Zoning Ordinance requires a minimum rear
building setback of 25 feet for this R-3 zoned lot. Therefore, the applicant is
requesting a variance to allow a reduced rear setback of 21.6 feet for the recent
addition.
OCTOBER 29, 2012
ITEM NO.: A (CON'T.)
Staff is supportive of the requested setback variance. Staff views the request as
reasonable. The proposed addition is not out of character with other properties in
this subdivision. There have been other reduced rear yard setbacks allowed within
The Villages of Wellington Addition. The requested rear setback represents a very
minor encroachment. The proposed setback is within 0.9 foot of being able to be
signed -off on by staff. The ordinance allows staff to administratively approve rear
setbacks to 22.5 feet. Staff believes the requested reduced rear setback for the
addition will have no adverse impact on the adjacent properties or the general
area.
C. Staff Recommendation:
Staff recommends approval of the requested setback variance, subject to a
building permit being obtained for the construction.
BOARD OF ADJUSTMENT:
(September 24, 2012)
Staff informed the Board that the application needed to be deferred to the October 29, 2012
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 and deferred to the October 29, 2012 agenda
with a vote of 5 ayes, 0 nays and 0 absent.
BOARD OF ADJUSTMENT:
(October 29, 2012)
The applicant was present. There were no objectors present. Staff presented the application
with a recommendation of approval, with conditions.
The item was placed on the Consent Agenda and approved, as recommended by staff with a
vote of 5 ayes, 0 nays and 0 absent.
e
To the Board of Adjustments,
I live at 26 Glasgow and buying the house from my brother Todd Kuhn and recently added a
closet off the master bedroom of 14$ome. In doing so I failed to pay attention to what my guy's
had done when they laid the addition out and we ended up going beyond the 25' rear setback.
I'm asking that you grant me a variance of the overage, if not I will be out allot of money to
correct the problem. I will have to tear it al n and start over. I do know the home located
two houses down from me located a 32 Glasgow as granted a variance sometime back and has
a rear setback less than 20'. Thank you for you consideration.
Thanks,
Mike Kuhn
26 Glasgow Ct PHONE (50:1) 519-48:96
7 Little Rock, AR 722`11 E-MAIL Michaelfkuhn@hotmail.com
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OCTOBER 29, 2012
ITEM NO.: 1
File No.: Z -1704-B
Owner: Sam Nickol
Applicant: Jennifer Herron
Address: 5808 N. Country Club Blvd.
Description: Lot 49, Forest Heights Place Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-254
to allow a carport addition with 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 Comment.
B. Building 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.
OCTOBER 29, 2012
ITEM NO.: 1 (CON'T.
C. Staff Analysis:
The R-2 zoned property at 5808 N. Country Club Blvd. is occupied by a one-story
frame single family residence. There is a circular driveway from N. Country Club
Blvd., with a drive running along the east side of a residence to a detached frame
garage at the northeast corner of the residence. The garage is located two (2) feet
from the east side property line.
The applicant proposes to construct a carport addition at the southeast corner of
the residence, as noted on the attached site plan. The carport will be attached to
the house and be unenclosed on the north, south and east sides. The carport
addition will be 11 feet wide and 20 feet deep. The carport will be located 1.5 feet
from the east side property line and 29 feet back from the front (south) property
line.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side
setback of six (6) feet for this 60 foot wide lot. Therefore, the applicant is
requesting a variance from this ordinance standard to allow the proposed carport
with a reduced side setback. All other setbacks conform to ordinance standards.
The applicant received approval for a 1.5 foot side setback for a proposed carport
addition on July 26, 2004, but did not construct it before the variance expired two
(2) years later.
Staff is supportive of the requested side setback variance. Staff views the request
as reasonable. The proposed side setback of 1.5 feet should allow adequate
space for the carport to be constructed and maintained. The property owner to the
east granted Sam Nickol, owner of the subject property, a five (5) foot wide
easement as a result of the previous side setback approval. The easement allows
area for the construction, maintenance and repair of a carport structure as
proposed by the applicant. The fact that the proposed addition will be an
unenclosed structure will lessen any possible visual impact on surrounding
properties. Additionally, adequate separation will exist between the proposed
carport and the residence to the east. Staff believes the proposed carport addition
with reduced side setback will have no adverse impact on the adjacent properties
or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested side setback variance, subject to the
following conditions:
1. The carport addition must be unenclosed on its north, south and east sides.
2. Guttering must be provided to prevent water run-off onto the adjacent
property to the east.
3. The carport addition must be constructed to match the existing residential
structure.
OCTOBER 29, 2012
ITEM NO.: 1 (CON'T.)
BOARD OF ADJUSTMENT: (October 29, 2012)
The applicant was present. There were no objectors present. Staff presented the application
with a recommendation of approval, with conditions.
The item was placed on the Consent Agenda and approved, as recommended by staff with a
vote of 5 ayes, 0 nays and 0 absent.
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September 25, 2012
Mr. Monte Moore
City of Little Rock
Department of Planning and Development
723 West Markham Street
Little Rock, AR 72201
Dear Monte:
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On behalf of our client, Sam and Bonnie Nickol, we are writing a letter to ask for a variance from
a side yard setback in order to provide a covered carport/walk to the existing house. Due to the
interior configuration of the house, the kitchen is located on the east side and the proposed
covered carport/walkway would be located so that our client will have an easier access to the
kitchen. The proposed carport would be located 1.5' from the east property line and 29'-0" from
the property line at the front and it will sit back from the front of the house approximately 4'-0".
We are also designing a proposed two-story addition to the house with a screen porch at the first
floor. This two-story addition is 27.2' x 22.9' and is within the setbacks for the property.
Let us know if there are any questions.
Sincerely,
Jennifer Herron, AIA
herron horton architects
Jennifer Herron, A.I.A.
jenn@hh-architects.com
Jeff Horton, A.I.A., LEED AP
jefthh-architects. com
1219 South Spring St.
Little Rock, AR 72202
Phone 501.975.0052
Fax 501.372.7931
hh-architects.com
OCTOBER 29, 2012
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File No.: Z -5295-A
Owner/Applicant: Reid and Jennifer Robinson
Address: 4 Betswood Circle
Description: Lot 4, Betswood 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 Comment.
B. Staff Analysis:
The R-2 zoned lot at 4 Betswood Circle is occupied by a two-story single family
residence. The property is located at the northwest corner of Betswood Circle and
Cantrell Road. The lot backs up to Hughes street, which runs along the west (rear)
property line. A circular driveway from Betswood Circle serves as access to the
property. The driveway extends along the north side of the residence. An eight (8)
foot high wood fence which has existed on the site for a number of years encloses
the majority of the rear yard area. There is a short section of six (6) foot high
fencing at the northwest corner of the lot.
The applicant proposes to replace the six (6) foot high fence section with new eight
(8) foot high fencing to match the existing eight (8) foot high fence. The existing six
(6) foot high fence runs from the northwest corner of the property approximately 65
feet along the west (rear) property line and 25 feet along the north side property
line.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence
height of four (4) feet for residential fences located between a building setback line
and street right —of -way. Six (6) foot high fencing is allowed elsewhere on a
OCTOBER 29, 2012
ITEM NO.: 2 (CON'T.
residential lot. Therefore, the applicant is requesting a variance to allow the eight
(8) foot high fence at the northwest corner of the property.
Staff is supportive of the requested variance. Staff views the request as
reasonable. The proposed eight (8) foot high fence section will complete the
fencing of the rear yard area. The fence height will not be out of character with
other fences in this neighborhood. The properties across Hughes Street to the
west contain commercial and multi -family uses. The proposed fence will help
screen, buffer and secure the residential lot from the non -single family uses to the
west. Staff believes the proposed fence with increased height 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.
BOARD OF ADJUSTMENT: (October 29, 2012)
The applicant was present. There were no objectors present. Staff presented the application
with a recommendation of approval, with conditions.
The item was placed on the Consent Agenda and approved, as recommended by staff with a
vote of 5 ayes, 0 nays and 0 absent.
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September 1, 2012
Re: #4 Betswood-Robinson Residence, Variance for 8' Fencing on Western (65') and Northern (25') Boundaries
We respectfully request that a 65'section of oldest 6' fencing be allowed a variance to be allowed 8' fencing on the most
western property boundary and 25' section along the north property boundary which directly connect to each other. The
property at #4 Betswood on the west is bound by Terry's Finer Wines Liquor store commercial zoned property (partial west
boundary), Valley Heights multi -family dwelling apartment boundary fencing (partial west boundary) and four lanes of
Cantrell Road (full south boundary)... North Hughes Street directly abuts our property across the entire western boundary.
The Betswood subdivision is unusual for properties located in mid -town Little Rock or the Heights neighborhoods as the
properties are on large tracts of land — 4 homes are located on approximately 8 acres. The unusually large lots are a result of
the neighborhood being built in the 1950's as "equestrian living" at the furthest western edge of Little Rock. The #4
Betswood property is approximately 1.85 acres and #3 Betswood is approximately 1.2 acres so the unusually large lots lend
to a scale of larger home construction and architectural design to the structures built in -on -around these properties. The
Robinson's, #4 Betswood, purchased the property 5 years ago with all fencing on the property as it is today and 90% of the
fencing around and inside the property is 8' wood fencing placed by Ingle fence more than 15 years ago. The home located
on our property underwent extensive remodeling and expansion to bring the property back to new construction grade. This
rear portion of 65' of fencing and 25' of fencing being presented are at the furthest point away from the homes located on
both #3 and #4 Betswood properties not causing this fencing to be obtrusive in nature. The north property boundary
currently has 5' wire fencing that backs up to a tool shed on the #3 Betswood property and has a different fence on the rest of
the #3/#4 Betswood properties with 8' brick -wood construction for the rest of the property boundary between 93/44
Betswood's properties. The 65' section of fence on the western boundary were torn -away from its' frame and partially
destroyed by criminals in the course of committing a theft of property at our residence in April of 2011 (Note the fencing has
temporary been repaired awaiting judgment on variance for full repair)... later these criminals were determined by LRPD to
be living in the Valley Heights multi -family dwelling apartments. The 65' requesting variance backs up to both a
commercial property used as a liquor store and multi -family apartment dwelling which is currently known to be a pocket of
high crime in this area of Little Rock. The area of variance is a street which is simply lined by 8' fencing to the direct North
property and 6' fencing surrounding Valley Heights Apartments and a liquor store parking lot which both are directly across
North Hughes Street_ We are requesting this variance so both the architectural/aesthetic nature and security provided by the
fencing surrounding our boundaries are kept contiguous... this 65' section and 25' section are the only portions of fencing not
8' on this unusually large property. The lower 6' fencing was an obvious weak link in security previously identified by
criminals, it is a rarity that a residence in the middle of Little Rock to have such a large acreage while being bound by one of
the state's busiest stretches of highway, a liquor store and a multi -family dwelling apartment complex_ Thank you for the
proper consideration of this varia
Al est -
Reid Robinson fe er Robinson
501.517.4343 501.350.1553
rrobinson@csi360.com robinsoniennifer88c,yahoo.com
651 Campus Drive T, (651) 2591600
St. Paul, MN 55112 (877) CSI 0360
F,(651)259.1696
OCTOBER 29, 2012
ITEM NO.: 3
File No.: Z -8069-B
Owner: Rod and Carrie Ford
Applicant: Jim Yeary
Address: 5241 Edgewood Road
Description: Lot 50R, Prospect Terrace Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-254
to allow a building addition with 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. Staff Analysis:
The R-2 zoned property at 5241 Edgewood Road is occupied by a two-story rock
and stucco single family residence. The property is located on the southeast
corner of Edgewood Road and N. Harrison Street. There is a two -car wide drive
from N. Harrison Street which serves as access. A tennis court is located within
the east half of the property. There is a swimming pool at the southeast corner of
the residence. There is also a 30 foot platted building line running along the north
(Edgewood) and west (Harrison) property lines. On June 26, 2006 the Board of
Adjustment approved rear setback and side platted building line variances
associated with an addition to the rear (south) of the residence. The property is
comprised of two (2) large platted lots (approximately 20, 300 square feet).
The applicant is proposing to construct a new two-story addition to the east side
(over existing tennis court) of the existing residence, as noted on the attached site
plan. The bottom level of the addition will include a three -car garage and covered
porch area. The second level will be additional living space. The addition will
provide approximately 4, 300 square feet of total floor area (including garage), with
OCTOBER 29, 2012
ITEM NO.: 3 (CON'T.)
a footprint of approximately 2,200 square feet. The proposed addition will be
located 5.25 to 5.75 feet back from the east side property line and 53 feet back
from the rear (south) property line. It will be located approximately 36 feet back
from the front (north) property line. A new circular driveway from Edgewood Road
will access the proposed garage addition. The addition will be constructed to
match the existing residence.
Section 36-254(d)(2)(a) of the City's Zoning Ordinance requires a minimum side
setback of eight (8) feet for this R-2 zoned lot. Therefore, the applicant is
requesting a variance from this ordinance requirement to allow the proposed
building addition with a reduced east side setback. The applicant also proposes to
construct a sunshade structure over a basketball court at the southeast corner of
the lot. This accessory structure complies with all ordinance requirements.
Staff is supportive of the requested side setback variance. Staff views the request
as reasonable, given the overall lot coverage and massing for other properties in
this neighborhood. As noted previously, this lot has over 20,000 square feet of
area. The existing house with proposed addition will occupy a relatively small
percentage of the lot area. This will be compatible with other lots in this residential
area. The proposed addition will be located approximately 36 feet back from the
front (north) property line in order to align with the existing house. The side
setback of five (5) feet as proposed should allow ample separation between the
addition and existing house to the east. Staff believes the proposed addition to the
existing residence will have no adverse impact on the adjacent properties or the
general area.
C. Staff Recommendation:
Staff recommends approval of the requested side setback variance associated with
the building addition, subject to the addition being constructed to match the
existing residence.
BOARD OF ADJUSTMENT: (October 29, 2012)
The applicant was present. There were no objectors present. Staff presented the application
with a recommendation of approval, with conditions.
The item was placed on the Consent Agenda and approved, as recommended by staff with a
vote of 4 ayes, 0 nays, 0 absent and 1 recusal (Smith).
Yeary Lindsey Architects
September 25, 2012
Dana Carney
Little Rock Board of Adjustments
Planning and Development
723 West Markham
Little Rock, AR
Re: Rod and Caroline Ford - Variance Request
5241 Edgewood Road
Little Rock, AR
Dana,
34,-4 3
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Please find attached our submittal to the Little Rock Board of Adjustments requesting a side
yard variance with regard to the property at 5241 Edgewood Road.
The new property Owners are making extensive improvements to the existing home which
include a new addition. The new two story construction will include a new 3 car garage, shop
area, and a playroom with a bedroom above. The design also provides a second level enclosed
connection to the original house, while a covered porch area links the two structures together at
the ground level.
In an effort to blend the addition into its surroundings, similar materials and architectural
features have been incorporated in the design. The new structure is located south of the north
building line in order to align with the existing north face (front) of the residence.
The narrow "link" is employed to provide a break between the original house and the addition.
This separation allows the scale of both the house and addition to remain in context to the
neighborhood.
To accomplish this, an encroachment of approximately 3' upon the 8' east side yard setback is
needed. The impact of this encroachment is reduced due to an existing stone wall located along
the east property line, which is approximately Yin height. Additionally, many of the lots in the
neighborhood are 50' wide which require 5'side yard setbacks. Based on this, the request is not
out of character for the neighborhood.
If you have any questions or need further information Please feel free to contact me.
We appreciate your consideration of our request.
Thank you,
Sincerely,
Jim Yeary, AIA
3416 Old Cantrell Road Little Rock, AR 72202 501-372-5940 FX: 501-663-0043
OCTOBER 29, 2012
ITEM NO.: 4
File No.: Z-8811
Owner/Applicant: Clarence Barr
Address: 1220 S. Washington Street
Description: Lot 8, Block 6, Buhlers Ninth Addition
Zoned: R-3
Variance Requested: Variances are requested from the area provisions of Section 36-156
to allow a detached carport with reduced front setback and reduced separation from the
principal structure.
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. Staff Analysis:
The R-3 zoned property at 1220 S. Washington Street is occupied by a one-story
frame single family residence. The property is located on the west side of S.
Washington Street, south of W. 12th Street. There is a gravel driveway at the
northeast corner of the property.
The applicant recently placed a metal detached carport structure in the front yard
area, as noted on the attached site plan. The carport is 12 feet by 20 feet in area.
It is located six (6) feet to 15 feet back from the front (east) property line. The
carport is located approximately two (2) feet from the house. Side setbacks of over
nine (9) feet exist. The carport structure is unenclosed on all sides.
Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum front
setback of 60 feet for accessory (detached) structures. Section 36-156(a)(2)b.
requires that accessory buildings be separated from principal structures by at least
six (6) feet. Therefore, the applicant is requesting variances from these ordinance
standards to allow the detached carport structure with a reduced front setback and
reduced separation from the house.
OCTOBER 29, 2012
ITEM NO.: 4 (CON'T.)
Staff does not support the requested variances. Staff believes the proposed
placement of the detached carport structure is not compatible/consistent with this
overall residential area. All of the residences along S. Washington street, from W.
12th Street to W. 16th Street, maintain a similar 25 foot front setback with no
apparent encroachments. This also holds true for other streets within this
neighborhood. The proposed front setback for the detached carport structure
represents a 90 percent encroachment into the required front setback. Staff
believes the detached carport structure has a negative visual impact on the
adjacent properties and the overall neighborhood.
C. Staff Recommendation:
Staff recommends denial of the requested variances associated with the proposed
detached carport structure.
BOARD OF ADJUSTMENT: (October 29, 2012)
The applicant was not present. Staff recommended deferral of the application to the
November 26, 2012 agenda.
A motion was made to defer the application to the November 26, 2012 agenda. The motion
passed by a vote of 5 ayes, 0 nays and 0 absent. The application was deferred.
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- Pulaski County - Comm# 123
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Art,
Y
FILING DATE
10-30-12
11-20-12
12-18-12
01-29-13
02-26-13
03-26-13
04-23-13
05-21-13
06-25-13
07-30-13
08-27-13
10-01-13
10-29-13
11-19-13
12-17-13
ADOPTED: October 29, 2012
BOARD OF ADJUSTMENT
CALENDAR OF MEETING DATES
2013
NOTICE DEADLINE
11-16-12
12-07-12
01-18-13
02-15-13
03-15-13
04-19-13
05-10-13
06-14-13
07-19-13
08-16-13
09-20-13
10-18-13
11-15-13
12-06-13
01-17-14
MEETING DATE
11-26-12
12-17-12
01-28-13
02-25-13
03-25-13
04-29-13
05-20-13
06-24-13
07-29-13
08-26-13
09-30-13
10-28-13
11-25-13
12-16-13
01-27-14
NOTE: (1) All Board meetings to be held at 2:00 P.M. unless otherwise changed by
the Board.
(2) Agenda meeting to be held at 1:30 P.M. in the Board Conference Room on
meeting date.
NOTICE: AN INTERPRETER WILL BE PROVIDED FOR THE HEARING IMPAIRED
UPON REQUEST. REQUEST SHOULD BE MADE TO THE DEPARTMENT
OF PLANNING AND DEVELOPMENT AT LEAST TWO WORKING DAYS
PRIOR TO THE SCHEDULED MEETING DATE.
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October 29, 2012
There being no further business before the Board, the meeting was adjourned at 2:05 p.m.
Date: A/oa/mw` �UJI�""'