boa_09 24 2007LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
SEPTEMBER 24, 2007
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 August 27, 2007 meeting were
approved as mailed by unanimous vote.
III. Members Present:
Members Absent:
City Attorney Present
Andrew Francis, Chairman
Terry Burruss, Vice Chairman
James Van Dover
David Wilbourn
Robert Winchester
None
Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
SEPTEMBER 24, 2007
2:00 P.M.
OLD BUSINESS:
ITEM NO.: FILE NO.: LOCATION:
A. Z-8251 17 Hickory Hills Circle
NEW BUSINESS:
1. Z-8257 5701 Kavanuagh Blvd.
2. Z-8265 505 Pleasant Valley Drive
3. Z-8266 8 Woodridge Drive
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SEPTEMBER 24, 2007
ITEM NO.: A
File No.: Z-8251
Owner: Donald M. and Gerry Nell Spears Revocable Trust
Applicant: Lisa R. Taylor
Address: 17 Hickory Hills Circle
Description: Lot 8, Hickory Hills Addition
Zoned: R-2
Variance Requested: A variance is requested from the fence/wall provisions of
Section 36-516 to allow a wall 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. Staff Analysis:
The R-2 zoned property at 17 Hickory Hills Circle is occupied by a two-story
frame single family residence. There is a circular driveway from Hickory Hills
Circle which serves as access. The property slopes upward from front to back
(north to south). There is about 25 feet of rise from the front property line to
the front of the house.
The applicant is in the process of refurbishing the landscaped areas between
the residential structure and the street. The project includes refacing and
capping existing brick walls in front of the house and in the west side yard. As
part of the construction, a new masonry wall was built, extending from the east
wall of the house to the east side property line. The wall is approximately eight
(8) feet high at its connection to the house. As it runs east to the east side
property line, the height increases to approximately 14 to 16 feet. The wall
turns and runs for only a few feet southward along the east property line.
SEPTEMBER 24, 2007
ITEM NO.: A (CON'T.)
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum
fence/wall height of four (4) feet for fences/walls located between building
setback and a street right-of-way. Other fences/walls can be constructed to a
height of six (6) feet. Fences/walls which meet all principal setback
requirements can be constructed to the height allowed in the base zoning (35
feet in R-2 zoning). Therefore, the applicant is requesting a variance to allow
only the eight (8) foot long section of fence extending from the east property
line toward the house.
Staff is supportive of the requested variance. Staff views the request as
reasonable, given the fact that only an eight (8) foot long section of the fence
requires a height variance. Additionally, this section of the wall is not that
visible from the street. The wall is located over 90 feet back from the front
property line and there is a small stand of trees between the wall and street.
Additionally, the residence immediately to the east is located 50 plus feet back
from the common side property line. Staff believes the proposed fence will
have no adverse impact on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested wall height variance, subject to a
building permit being obtained for the wall construction.
BOARD OF ADJUSTMENT:
(AUGUST 27, 2007)
Staff informed the Board that the applicant failed to complete the required
notification of surrounding property owners. Staff recommended the application be
deferred to the September 24, 2007 Agenda.
The item was placed on the Consent Agenda and deferred to the September 24,
2007 Agenda by a vote of 4 ayes, 0 nays and 1 absent.
BOARD OF ADJUSTMENT:
(SEPTEMBER 24, 2007)
Staff informed the Board that the applicant failed to complete the required
notification of surrounding property owners. Staff recommended the application be
deferred to the October 29, 2007 Agenda.
The item was plalced on the Consent Agenda and deferred to the October 29, 2007
Agenda by a vote of 5 ayes and 0 nays.
322 North Market Street
Benton, AR 72015
Tel (501) 315 0786
Fax (501) 315 0700
www.hopeengineers.com
July 10, 2007
City of Little Rock
Department of Planning & Development
723 West Markham
Little Rock, AR 72201
Re: Application for a Residential Zoning Variance at 17 Hickory Hills Circle
To Whoin It May Concern:
This letter is to detail the circumstances for our request for a Residential Zoning' Variance
concerning the location and height of a screen wall constructed at 17 Hickory Hills Circle
located in the Hickory Hills Subdivision in the city of Little Rock. The screen wail is
constructed of a concrete block core with a standard buck and rock veneer. The said
structure was originally designed as an attachment to an existing structure in which the 6
feet height regulation did not apply. However, during actual construction, there was
some miscommunication concerning where the wall was to be stopped. The wall now
extends to within 6 inched of the property line crossing the City of Little Rock's
minimum setback requirement of 8 feet from the side property lines.
Additionally, the subject property slopes with approximately 7 feet of drop in elevation
from the location of the beginning of the wall where it attaches to the existing house and
the end of the wall near the property line. This drop in ground elevation causes the wall
to be 7 feet higher at the and in order to maintain a level line across the top. The result is
the overall height of the wall at the end is 16 feet. Therefore, we are requesting a
variance to the height limitation also.
Sincere ,
Lasa R. Taylor
ZOO/ZOO [A XVd VT:60 0a& LOOZ/8T/LO
JOHN K. GIVENS J�
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August 24, 2007
Mr. Monty Moore
Department of Planning and Development
City of Little Rock
723 West Markham
Little Rock, AR 72201
Subject: Violation of Zoning; Donald Spears 17 Hickory Hills Circle
Dear Mr. Moore:
I understand that the Planning Commission will hold a hearing on August 27, 2007 regarding the
stone wall built to the Property line on the east side of Donald Spear's property at 17 Hickory
Hills Circle. This letter is to register a complaint regarding Mr. Spear's stone wall.
I reside at 15 Hickory Hills Circle, next door to the Spears. The stone structure built by Mr.
Spears is unsightly and significantly exceeds the height limitations for walls and fences at or near
property lines. The attached photographs depict the stone structure, which is immediately
adjacent to, if not encroaching upon the Iine between our two properties.
I request that the Planning Commission order Mr. Spears to comply with the limitations imposed
by the Planning and Development Department and remove and/or reconstruct his wall to be in
compliance.
15 HICKORY HILLS CIRCLE • LTTTLE ROCK, ARKANSAS • 72212-2766
PHONE: (501) 228-22229 • FAX: (501) 225-8763
E-MAIL: JG82140@AOL.COM
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SEPTEMBER 24, 2007
ITEM NO.:
File No.: Z-8257
Owner/Applicant: Ellen Golden
Address: 5701 Kavanaugh Blvd.
Description: Lots 1 and 2, Block 6, Mountain Park Addition
Zoned: C-3
Variance Requested: Variances are requested from the area provisions of Section 36-
301, the parking provisions of Section 36-502 and the use of right-of-way provisions of
Section 36-505 to allow building additions with reduced setbacks, reduced number of
parking spaces and parking that backs into the right-of-way.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Antique Shop, Florist and Beauty Shop
Proposed Use of Property: Branch Bank, Antique Shop and Florist
STAFF REPORT
A. Public Works Issues:
1. Per Sec. 32-311, it is unlawful for any person to park, stand or stop a
vehicle in any alley except for commercial purposes and then only for such
time as necessary to load and unload the vehicle. Commercial vehicles
parked in an alley for loading and unloading shall be clearly identified with
permanent signage on the exterior of the vehicle indicating the name and
address of the business. Under no circumstances shall a vehicle be
parked or stopped in an alley in such a manner as to have less than 10 ft
of available roadway width for the free movement of vehicular traffic, or to
block the driveways of abutting properties. Therefore, the proposed drive-
thru will cause bank customers' vehicles to stop and stack in the public
alley to wait service and block the driveway to the west. Public works
does not recommend approval of the proposed drive-thru.
2. Even though head -in parking is located to the north of the proposed
location and vehicles park in the right-of-way at that location, head in
parking in the right-of-way and backing out onto public streets is prohibited
from commercial developments. It is unknown when the existing parking
to the north was installed. This type of parking and maneuvering of
SEPTEMBER 24, 2007
ITEM NO.: 1 (CON'T.)
vehicles creates unsafe conditions for motorists and pedestrians. Public
Works does not recommend approval of the head -in parking.
B. Staff Analysis:
The C-3 zoned property at 5701 Kavanuagh Blvd. is occupied by two (2)
commercial buildings which occupy almost the entirety of the lot. The property
is located at the southwest corner of Kavanuagh Blvd. and N. Fillmore Street.
The larger of the two buildings is located within the north portion of the
property. The south portion of this building is two (2) stories in height, with the
north portion being one (1) story with a curved metal roof. There is a smaller
one-story building within the south portion of the lot which is separated by less
than one (1) foot from the larger building. There is a small porch area located
on the east side of the larger building, with head -in parking from N. Fillmore
Street adjacent to the porch area. There is additional on -street parking located
along both sides of N. Fillmore Street as well as Kavanaugh Blvd. There is
also a 20 foot alley right-of-way along the south property line.
The applicant proposes to construct a second floor addition (approximately
1,200 square feet) to the southernmost building and connect it to the existing
second story portion of the northern building. The applicant also proposes to
construct a shed dormer to cantilever over the existing porch area on the east
side of the north building. The east vertical wall will line up with the existing
eastern walls of the existing structure. This addition will add 788 square feet of
upstairs storage for the existing antique store. Additional head -in parking from
Fillmore Street is also proposed adjacent to the south building. A drive-thru
window for a branch bank is proposed on the south wall of the south building,
accessed from the alley. New curbing is proposed along the alley to direct
traffic to the drive-thru window. All of the proposed improvements are shown
on an attached site plan.
The applicant is requesting four (4) variances with the proposed development
plan for the property. The first variance is from Section 36-301(e)(2) of the
City's Zoning Ordinance. This section requires a minimum street side setback
of 25 feet. The applicant is proposing to maintain the existing zero (0) street
side setback for the shed dormer addition and 4.5 foot setback for the second
story addition to the south building.
The second variance is from Section 36-301(e)(3), which requires a minimum
rear setback of 25 feet. The applicant is proposing to maintain the existing 8.5
foot rear setback for the second floor addition to the south building.
The next variance is from Sections 36-502(b)(2)g/(b)(3)a. which requires an
additional five (5) off-street parking spaces for the additional building area as
noted previously. The applicant is proposing no new off-street parking, as
there is no room on the site to provide off-street parking. The applicant is
proposing four (4) new head -in parking spaces within the Fillmore Street right-
of-way, adjacent to the south building.
SEPTEMBER 24, 2007 (
ITEM NO.: 1 (CON'T.)
The final variance is from Section 36-505. This section states that no portion
of any public street right-of-way shall be considered as fulfilling or partially
fulfilling the off-street parking requirements of the code. This section further
allows "no parking bays" in the right-of-way except for residential streets. As
noted earlier, the applicant is proposing four (4) new head -in parking spaces
within the Fillmore Street right-of-way, adjacent to the south building.
Staff does not support the requested variances. Although staff does not
necessarily oppose the requested setback variances, the Public Works staff
does not support the addition of a drive-thru window with utilization of the alley
right-of-way and the head -in parking from Fillmore Street. Staff believes the
drive-thru window will create unsafe vehicular maneuvering within the alley
right-of-way and potentially block the parking behind the building(s)
immediately to the west. Additionally, Fillmore Street is a fairly busy
commercial street with parking on both sides. Staff believes additional parking
backing out into the right-of-way will create an unsafe situation. Staff believes
the project, as proposed, will have an adverse impact on the adjacent
properties and rights-of-way.
C. Staff Recommendation:
Staff recommends denial of the requested variances.
BOARD OF ADJUSTMENT:
(SEPTEMBER 24, 2007)
The applicant was present. There were no objectors present. Staff presented the
item, noting that the application had been revised by the applicant. Staff explained
that the applicant had eliminated the additional head -in parking from Fillmore Street
and the drive-thru window (south side of south building) from the proposed site plan.
Staff recommended approval of the revised application (setback and parking
variances), subject to the following conditions:
1. The dormer addition to the north building is to be used as storage space only.
2. No portion of either building (with additions) will be utilized as a restaurant
use.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as revised and
recommended by staff by a vote of 5 ayes and 0 nays.
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iu5tBANKItcom
to
August 10, 2007
Mr. Dana Camey
Zoning and Subdivision Manager
City of Little Rock
723 West Markham, first floor
Little Rock, Arkansas 72201-1334
www.justbankit.com info@justbankit.com
Re: Variance Application for Lots 1 and 2, Block 6, Mtn. Park Add'n, Little Rock, Ar
Dear Mr. Camey:
Pursuant to our visits, we respectfully submit, on behalf of the property owner, Ellen Golden, Direct
Importer of French Antiques, LLC and Allied Bank, as proposed lessee of the new space, a request for set
back and parking variances to the Little Rock city codes for the referenced property as shown on the
enclosed Brooks Engineering, Inc. survey dated June 29, 2007.
Our proposal envisions the addition of an additional approximate 2,040 square feet of heated and cooled
space (all of which will be at the 2nd floor level) as follows:
1. Second floor addition to the existing building at the rear of the property known as 1916 North
Fillmore — this new space will be connected to the existing 2 story space immediately north of the
new space; all of which will be leased to Allied Bank for offices and storage space. A drive-thru
window will be added at the rear of the building and accessed via the 20' wide alley adjacent. The
new space will not exceed current set backs in place for the existing structure
2. Shed dormer addition to the existing metal roof on the east side of the existing metal roof of the
front building known as 5701 Kavanaugh Blvd. It will cantilever over the existing porch below
and add approximately 788 square feet for us as storage space for the property owner's antique
store below. Its eastern vertical wall will line up with existing eastern walls of the current
structure.
We respectfully request to maintain (as well as expand slightly) current straight in parking along the eastern
side of the property to maximize parking availability. Landscaping and curbing will enhance traffic safety
needs and direct flows for ingress and egress to the drive dim window. Approval of this request will allow
us to pursue a virtual total renovation of this property and bring it up to current code requirements within
existing setback conditions and minimal exceptions to parking requirements; something traditionally
allowed in this "walking" commercial district of Little Rock.
Thank you for your kind consideration of our request.
Ellen Golden, DIFA, LLC Allied Bank
Manager CEO
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311 Main Street 112 Pointer Trail West 1022 West Capitol Ave
P.O. Drawer A 72947 72956 72201
479.997.1154 479.47430773 501.707.1154
Fox.479.997.1161 Fox.479.474.1168 Fax.501.707.1161
A .71
115 Hwy 71 North
SINCE i 902 PO Box 2107 72921
479.632.2265
i 0bic Fax.479.632.2264
07C I 1k
111 North 2nd St
PO Box 527 72949
479.667.2002
Fax.479.667.2902
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101 South Sebascott
PO Box 387 72944
479.928.4418
Fox.479.928.5149
SEPTEMBER 24, 2007
ITEM NO.: 2
File No.: Z-8265
Owner: Robert and Julianne Brown
Applicant: Robert Brown
Address: 505 Pleasant Valley Drive
Description: Lot 40, Fawnwood Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-
254 and the building line provisions of Section 31-12 to allow a building addition with
reduced front setback and which crosses a front platted building line.
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 505 Pleasant Valley Drive is occupied by a one-
story brick and frame single family residence. The property is located at the
southeast corner of Pleasant Valley Drive and Woodstock Court. There is a
two -car wide driveway from Woodstock Court which serves as access. There
is a 48 foot wide utility/drainage easement which runs along the east side
property line. There is also a 25 foot platted building line along each street
frontage.
The applicant proposes to construct a room addition at the southwest corner of
the residence, as noted on the attached site plan. The addition will be
approximately 30 feet by 33 feet in size, and will include a new master bed and
bath. The proposed addition will cross the 25 foot front platted building line by
SEPTEMBER 24, 2007 (
ITEM NO.: 2 (CON'T.)
approximately six (6) feet at its northwest corner and one (1) foot at the
southwest corner.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet for R-2 zoned lots. Section 31-12(c ) of the Subdivision
Ordinance requires that encroachments across platted building lines be
reviewed and approved by the Board of Adjustment. Therefore, the applicant
is requesting variances from these ordinance standards to allow the new
residential addition with a reduced front setback and encroachment across a
platted building line.
Staff is supportive of the requested variances. Staff views the request as
reasonable. The 48 foot easement which runs within the east portion of the
property greatly limits the area available for a building addition. The applicants
have chosen the location of the proposed building addition based on the
existing door and window locations on the back wall of the house. Additionally,
the slight curvature in the Woodstock Court right-of-way along the front
property line will lessen any visual impact the slight encroachment might have
on the adjacent properties to the south along Woodstock Court. Staff believes
the proposed addition will have no adverse impact on the adjacent properties
or the neighborhood.
If the Board approves the building line variance, the applicant will have to
complete a one -lot replat reflecting the change in the platted front building line
for the residential addition. The applicant should review the filing procedure
with the Circuit Clerk's office to determine if the replat requires a revised Bill of
Assurance.
C. Staff Recommendation:
Staff recommends approval of the requested variances, subject to the
following conditions:
1. Completion of a one -lot replat reflecting the change in the front platted
building line as approved by the Board.
2. The addition must be constructed to match the existing residence.
BOARD OF ADJUSTMENT: (SEPTEMBER 24, 2007)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff by a vote of 5 ayes and 0 nays.
August 24, 2007 , 2-
2-
City
-
2 -City of Little Rock
Department of Planning & Development
Board of Adjustment
723 West Markham
Little Rock, AR 72201
Gentlemen:
Attached you will find an application for a residential zoning variance at 505 Pleasant
Valley Drive in Little Rock, Arkansas. Specifically we are requesting the Board's
approval to build an addition to our existing home in the Fawnwood addition at the
corner of Pleasant Valley Drive and Woodstock. The proposed addition would add a
master bedroom, walk-in closet and bath running 23 feet east to west and 33 feet north to
south. This additionvoa§ ld encroach on the existing building line. This would create an
encroachment of feet the maximum on the northwest corner declining to 1 Y2 feet at
the southwest corner. The building line curves in relationship with Woodstock, which
also curves. The entire eastern side of our property is a 48 -foot utility easement, which
restricts adding a permanent structure to that site.
Attached you will find the required documentation including a survey of the proposed
addition. We will be present at the Board's meeting on September 24 prepared to answer
any questions you may have.
We will appreciate your favorable consideration.
Sincerely,
Bob & Julie Brown
SEPTEMBER 24, 2007
ITEM NO.: 3
File No.: Z-8266
Owner: Ben Sims
Applicant: Eric Childress
Address: 8 Woodridge Drive
Description: Lot 69, Woodridge Estates
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-
254 and the building line provisions of Section 31-12 to allow a new residence with
reduced front setback and which crosses a front platted building line.
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 8 Woodridge Drive is occupied by a one-story brick
and frame single family residence which was recently constructed. There is a
two -car wide driveway from Woodridge Drive which serves as access. The
property is located on the west side of Woodridge Drive, south of David O.
Dodd Road. There is a 25 foot front platted building line running along the
Woodridge Drive frontage.
When the house was constructed, an apparent mistake was made in laying out
the home's foundation. The mistake resulted in the garage portion (northeast
corner) of the residence crossing the front platted building line by one (1) foot.
The other front portion (southeast corner) of the structure crosses the platted
building line by approximately six (6) inches. This results in a front setback
ranging from 24 to 24.5 feet.
AUGUST 27, 2007
ITEM NO.: 3 (CON'T.)
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet for R-2 zoned lots. Section 31-12(c ) of the Subdivision
Ordinance requires that encroachments across platted building lines be
reviewed and approved by the Board of Adjustment. Therefore, the applicant
is requesting variances from these ordinance standards to allow the new
residential structure with a reduced front setback and encroachment across a
platted building line.
Staff is supportive of the requested variance. Staff views the front
encroachment as being a very minor issue. A mistake was made in laying out
the house which caused the minor encroachment. Only approximately 30
square feet of the residence extends across the platted building line and into
the minimum front setback. Woodridge Drive curves to the west immediately
south of this lot, with the house to the south being at an approximate 45
degree angle with the front of the house in question. Therefore, there is no
appearance of the residences being out of alignment. The lots immediately to
the north are currently undeveloped. Staff believes the residence, as
constructed, will have no adverse impact on the adjacent properties or the
general area.
If the Board approves the building line variance, the applicant will have to
complete a one -lot replat reflecting the change in the platted front building line
for the residential structure. The applicant should review the filing procedure
with the Circuit Clerk's office to determine if the replat requires a revised Bill of
Assurance.
C. Staff Recommendation:
Staff recommends approval of the requested setback and building line
variances, associated with the new residential structure, subject to completion
of a one -lot replat reflecting the change in the front platted building line as
approved by the Board.
BOARD OF ADJUSTMENT:
(SEPTEMBER 24, 2007)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff by a vote of 5 ayes and 0 nays.
Childress & Son Construction
485 JoLynn Road Bauxite, Arkansas 72011 Phone: 501-602-5675 Fax: 501-557-5117
Zoning variance #8 Woodridge
TO: Zoning Board
FROM: Eric Childress
DATE: August 13, 2007
Z-- X2-6
I built the house located on #8 Woodridge Dr. The house, upon receiving the final survey
on the property was shown to be over the front setback of 25' by about 8". I have sold
the house and am acting on behalf of the owners. I take pride in building homes that not
only meet all building codes but also exceed the expectations of the buyer. I realize this
is a serious infraction that I regret happened but, nonetheless hope my request for a
zoning variance can be granted.
Thank you,
Eric Childress
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September 24, 2007
There being no further business before the Board, the meeting was adjourned at 2:06 p.m.
Date: 10 //Z -l/ d-�
Chairman