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boa_02 26 2018LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES FEBRUARY 26, 2018 2:00 P.M. Roll Call and Finding of a Quorum A Quorum was present being five (5) in number. Il. Approval of the Minutes of the Previous Meetings The Minutes of the January 29, 2018 meeting were approved. Members Present: Christopher Smith, Chairman Carolyn Lindsey Polk, Vice Chairman Frank Allison Robert Tucker Jeff Yates Members Absent: None City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA FEBRUARY 26, 2018 2:00 P.M. OLD BUSINESS: A. Z- 8853 -A 315 Main Street B. Z -9289 23 Windsor Drive NEW BUSINESS: 1. Z- 4862 -A 5124 Country Club Blvd. 2. Z -9299 5801 Stonewall Road 3. Z -9300 6 Desha Street 4. Z -9301 12800 Ridgehaven Road FEBRUARY 26, 2018 ITEM NO.: A File No.: Z- 8853 -A Owner: K -Lofts, LLC Applicant: Rett Tucker, Moses Tucker Real Estate Address: 315 Main Street Description: East side of Main Street, between E. 3rd and E. 4th Streets. Zoned: UU Variance Requested: A variance is requested from the sign provisions of Section 36 -557 to allow wall signs without street frontage. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Mixed Use (Apartments and Restaurant) Proposed Use of Property: Mixed Use (Apartments and Restaurant) STAFF REPORT Public Works Issues: No Comments. Staff Analysis: The UU zoned property at 315 Main Street is occupied by a five (5) story mixed use building. The property is located on the east side of Main Street, between E. 3rd and E. 4th Streets. A portion of the first floor is occupied by a restaurant, Brewski's Pub. The upper floors are occupied by the Mulberry Flats apartment complex. The building is approximately 71 feet tall and 50 feet wide. The building is 140 feet deep. The remainder of the first floor is occupied by the entry area for the apartments. The applicant recently had wall signs painted on the north and south building facades, near the top front corners of the building, as noted in the attached sketches /photos. Each wall sign is approximately 20 feet by 20 feet in area; 15 feet by 20 feet for "Mulberry Flats" and 5 feet by 20 feet for " Brewski's Pub ". Each wall sign occupies approximately four (4) percent of the north and south building fagade areas. There were previously painted wall signs for "K- Lofts" apartments at these same locations on the building's north and south facades. However, staff can find no permit history for the signs. The sign on the north fagade replaced a rather large mural which previously existed and occupied the majority of the north fagade area. There is also a small amount of wall signage (window signage) for Brewski's Pub on FEBRUARY 26, 2018 ITEM NO.: A (CON'T Z- 8853 -A the front (west) building fagade. The Brewski's Pub wall sign is approximately 16 square feet in area. Section 36- 557(a) of the City's Zoning Ordinance requires that all on- premise wall signs face required street frontage. Therefore, the applicant is requesting a variance to allow the wall signs on the north and south building facades with no direct street frontage. Staff does not support the requested variance to allow wall signs without direct street frontage. Staff does not view the request as reasonable. The applicant is proposing a very large amount of wall signage (800 square feet) for the north and south building facades, which have no direct street frontage. The front building fagade (west side) allows a total of 355 square feet of wall signage for that fagade. Therefore, the applicant does not have enough allowed wall signage on the front fagade to "trade- off" for even one (1) of the two (2) wall signs without street frontage. Staff has been consistent in the past in not supporting large wall signs without direct street frontage in the downtown area. Staff believes that there is more than adequate allowed signage on the front fagade of the building to identify the uses within the building, without the need for signs on the north and south facades. In addition to wall signage, projecting signage is also allowed on the front building fagade. Staff believes that the proposed wall signs without street frontage (north and south facades) are not needed and that they represent an adverse visual impact on the adjacent properties and the general area. C. Staff Recommendation: Staff recommends denial of the requested variance to allow wall signs without direct street frontage. BOARD OF ADJUSTMENT (January 29, 2018) The applicant was not present. There were no objectors present. Staff informed the board that the applicant had requested deferral of the item on January 26, 2018. Staff recommended approval of the deferral of the item to the February 26, 2018 agenda. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 4 ayes, 0 noes and 1 absent. BOARD OF ADJUSTMENT (February 26, 2018) Staff informed the Board that the applicant submitted a letter on February 9, 2018 requesting this application be deferred to the March 26, 2018 agenda. Staff supported the deferral request. The application was placed on the consent agenda and deferred to the March 26, 2018 agenda by a vote of 5 ayes, 0 noes and 0 absent. 2 --� A Rett Tucker Subject: Sign Variance Request - 315 Main Street Rett Tucker 200 River Market Avenue, Suite 501 Little Rock, AR 72201 p: 501 - 376 -6555 MOSES www.mosestucker.com TUCKER RKALESIATE Mr. Monte Moore Department of Zoning and Planning City of Little Rock 723 W. Markham Little Rock, AR 72201 Dear Mr. Moore December 12, 2017 The project formerly known as the K -Lofts was completed in October of this year. Because of the prior issues related to completing the project, resulting in numerous delays over several years, the apartments were re -named the Mulberry Flats and the food and beverage operation, formerly a somewhat troublesome night club, was re- purposed as a neighborhood restaurant called Brewski's Pub. Both of these changes signaled good news for Main Street and the Creative Corridor. Moses Tucker Real Estate was hired to lease and manage the property, recommended the name change and helped to finalize the new lease with the restaurant. The apartments are now over 50% leased. The K -Lofts sign at the top of the building (15' X20') on both sides has been in place for several years with proper permits in hand. It was re- painted with the Mulberry Flats logo. A 5' X 20' sign for Brewski's was added by the out of state owner, thinking that it had already been approved. The 2 signs, which appear as one, add life and color to Main Street and downtown. They demonstrate a vibrancy to what was once a moribund and largely deserted corridor. The side of the building measures an average of 71 feet by 140 feet or 9,940 square feet. As stated above, the signs are 20 feet X 20 feet or 400 square feet. Consequently, they represent 4.02% of both the north and south elevation of the building. The owners respectfully request approval of the application. Thank you. Sincerely, Rett Tucker FEBRUARY 26, 2018 ITEM NO.: B File No.: Z -9289 Owner /Applicant: Isaac Akins Address: 23 Windsor Drive Description: East side of Windsor Drive, north of Southmont Drive Zoned: R -2 Variance Requested: A variance is requested from the area provisions of Section 36 -156 to allow a satellite dish with reduced front 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 located at 23 Windsor Drive is occupied by a one -story frame single family residence. The property is located on the east side of Windsor Drive, north of Southmont Drive and Hindman Park Way. A two -car wide driveway is located at the southwest corner of the property. The property slopes downward from south to north. A small satellite dish on a pole is located in the front yard area, as noted on the attached site plan. The dish was recently installed by the applicant for television service. The satellite dish with pole is approximately seven (7) feet tall. The satellite dish is located approximately 20 feet back from the front (west) property line and 13 feet back from the north side property line. Section 36 -2 of the City's Zoning Ordinance defines "satellite, television, signal receiving dishes, ground- mounted" as accessory structures. Section 36- 156(a)(2)c. requires a minimum front setback of 60 feet for accessory structures in R -2 zoning. Therefore, the applicant is requesting a variance to allow the satellite dish with a reduced front setback. The City's enforcement staff recently issued a notice of violation to the applicant as a result of a citizen complaint. FEBRUARY 26, 2018 ITEM NO.: B (CON'T. Z -9289 Staff does not support the requested front setback variance for the satellite dish. Staff does not view the request as reasonable. The requested front setback variance is fairly significant, representing a 67 percent encroachment into the required 60 foot front setback for accessory structures. Staff believes that it is possible to move the satellite dish and pole back to the front wall of the house, with the pole attached to the residence's front facia, and still maintain reception. If this is done, the satellite dish would be considered part of the principal structure, and no setback variance would be required. Staff feels that the applicant should explore this option. Otherwise, staff believes that the satellite dish located within the front setback for accessory structures (and principal structures) creates an adverse visual impact for the adjacent properties. C. Staff Recommendation: Staff recommends denial of the requested front setback variance for the proposed satellite dish. BOARD OF ADJUSTMENT (January 29, 2018) The applicant was not present. There were no objectors present. Staff informed the board that the item needed to be deferred since the applicant did not complete the required notification. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the February 26, 2018 agenda by a vote of 4 ayes, 0 noes and 1 absent. BOARD OF ADJUSTMENT (February 26, 2018) Staff informed the Board that the applicant submitted a letter on February 20, 2018 requesting this application be deferred to the March 26, 2018 agenda. Staff supported the deferral request. The application was placed on the consent agenda and deferred to the March 26, 2018 agenda by a vote of 5 ayes, 0 noes and 0 absent. 2 mr.. Itsaw AkAns, 54r- 7-3 Wrlivae'sOT Nniber 36. 2017 723 West MaotJlroam Strree Lwa $mCk, AR 7210 Uttle Rock ale of Ordinances Sec. 36j'tr12 Sr,- Dewe menuser is;i;rn rescrme t�37Xilufsrt5 m.tsc Haiti !4e+rEpr fGlalabiii,rilan tieite pX&CMde 1"Imt 'Sa` lifte dir'h remit -from from Vad. Mee mast be Wfeet beft7d*mit prop" ffm at atumhedto Vie,. � Vv�sh to ?fl 93 a YG tl�f1. 1 'l f 7 tee Wrro wnfdrmed tkwn y the. rR amt Ehe ++ , &iAl Rjaii Reber, ;iir'ntwmed me meat zaraunos be xTW4 /Rd rfyarM�yr aara i, ,tectrn m eri ,ecru. urw a? sAg%aI ,,%W;! ,r,►s tkv aria- raiv". !T, Jsr 3+ feet- from the roars aM is Prat withnn lgf6et. of a ubil 4-zone.. k fuar&osT a. 'tom sef*ces wflit my to be snit iar: the insta�!I a : area; or- is wouldi have to, caac& se ",.ices- adtn@ethjer ands will, sutjb pdu ed to, an., ea�+Ga�i�! ire ff .. Let it further be known, that l €bra not wvuse to rye mW iii and fill that it is bm Pleft Rn, the arrea; where instai4ed, nor deg i w5hr try cancel; my service an-d be assess ;ed as eariycanc6fat na fee;, whIcH wiU a: financial hardsho for me -and it??y famAy aftfwis Iwtw. Please be advised that 1 am. yeo iHing to rn egp6ate ardw op arnr & was fps to be taken as requ ed by the Little Rock Code of Ordinance. 1 hope, address any iissues xahsed by you ulfirce. Please E mm ee iilt Vzw hava rtti , ff canceems regarding this matter at 50,1-74$-5347 apt ;prmideff -., iik rn l}3aber at 501-920-2934- Sincerely,, 4saac Ali , Sr. H FEBRUARY 26, 2018 ITEM NO.: 1 File No.: Z- 4862 -A Owner: The Strother Living Trust Applicant: David Munsey Address: 5124 Country Club Blvd. Description: Lot 8, Block 12, Newton Addition Zoned: R -2 Variance Requested: A variance is requested from the area provisions of Section 36 -156 to allow an addition to an existing accessory structure with an increased rear yard coverage. 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 located at 5124 Country Club Blvd. is occupied by a two - story brick and frame single family residence. The property is located at the northeast corner of Country Club Blvd. and Newton Street. A one -story detached garage is located at the northwest corner of the property. A two -car wide driveway from Newton Street serves as access to the garage structure. The existing accessory garage structure occupies approximately 47.5 percent of the required rear yard area (rear 25 feet of the property), and was allowed by a previously approved variance. The property is owned by The Strother Living Trust. Staff has an executed affidavit on file authorizing David Munsey as agent of the property owner. The applicant proposes to construct a covered patio addition to the east end of the existing accessory garage structure, as noted on the attached site plan. The proposed patio addition will be 14 feet by 21 feet in area. The proposed covered patio addition will be unenclosed on its north, south and east sides. Brick columns and an outdoor fireplace will be located along the east side of the covered patio area. An outdoor kitchen /grill area will be located at the southeast corner of the proposed FEBRUARY 26, 2018 ITEM NO.: 1 (CON'T.) Z- 4862 -A addition. The proposed addition will be located four (4) feet from the rear (north) property line and three (3) feet from the east side property line. It will be separated from the principal structure by over six (6) feet. The addition will increase the rear yard coverage from 47.5 percent to approximately 70.5 percent. Section 36- 156(a)(2)C. of the City's Zoning Ordinance allows a maximum rear yard coverage of 30 percent (rear 25 feet of a lot) for accessory structures in R -2 zoning. Therefore, the applicant is requesting a variance to allow the addition to the existing accessory garage structure, resulting in a rear yard coverage of approximately 70.5 percent. Staff does not support the request for a variance to allow an increased rear yard coverage. Staff does not view the request as reasonable. Staff feels that the proposed 70.5 percent rear yard coverage goes beyond what should be approved for single family zoning. Staff typically supports variances for increased rear yard coverage in the 50 percent range, which is a typical rear yard coverage for this neighborhood. The existing accessory garage structure currently has a rear yard coverage of 47.5 percent. The proposed rear yard coverage is 2.35 times more than the ordinance allows. Staff believes this is too excessive and goes very much beyond what the zoning ordinance intends for accessory building coverage in single family zoning. C. Staff Recommendation: Staff recommends denial of the requested variance to allow increased rear yard coverage. BOARD OF ADJUSTMENT (February 26, 2018) Staff informed the Board that the applicant submitted a letter on February 23, 2018 requesting this application be deferred to the March 26, 2018 agenda. Staff supported the deferral request. The application was placed on the consent agenda and deferred to the March 26, 2018 agenda by a vote of 5 ayes, 0 noes and 0 absent. 2 Wednesday, January 24, 2018 Strother Residence Variance Request To whom it may concern, We are writing to request a variance for at 5124 Country Club Blvd. The area being affected is on the northeast corner of the property behind the detached garage. There is currently a sloped yard that does not grow grass well due to the shade and the small area that is affected by compaction from foot traffic. We are requesting a variance to fill this area level and construct an open air covered structure over it with an outdoor fireplace so that the area can be more usable for the family. The variance is being requested due to the fact it would take up space beyond what is allowed within the setback. We will still maintain the 3 foot barrier off of all property lines. The roof line will match the existing garage that we will be connecting to and all water will be taken underground working to prevent any erosion. The structure being proposed will be 21 x 14 and attach to the existing garage. The fireplace on the east end of the structure will be approximately 6 feet wide and extend a minimum of 2 feet through he ridge of the structure. The fireplace and columns on the structure are to be constructed with brick that will be painted to match the house. The roof will match the same lines and materials that are on the garage that is existing that we will connect to. All paving below will be decorative concrete pavers. FEBRUARY 26, 2018 ITEM NO.: 2 File No.: Owner: Applicant: Address: Description: Zoned: Variance Requested: Justification: Z -9299 The Desselle Family Trust Susan Desselle 5801 Stonewall Road Lot 142, Forest Heights Place Addition R -2 A variance is requested from the area provisions of Section 36 -254 to allow a carport addition with a reduced side setback. 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 Public Works Issues: No Comments 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. Staff Analysis: The R -2 zoned property located at 5801 Stonewall Road is occupied by a one -story frame single family residence. The property is located at the southwest corner of FEBRUARY 26, 2018 ITEM NO.: 2 (CON'T. Stonewall Road and N. Pierce Street. The property backs up to Kavanaugh Blvd. A one -car wide driveway from Stonewall Road is located at the northwest corner of the property. The driveway leads to a two -car wide concrete parking pad on the west side of the residence, at its northwest corner. Susan Desselle is the property owner and applicant. The applicant proposes to construct a one -story carport addition over the existing parking pad, as noted on the attached site plan. The proposed carport addition will be 19 feet by 22 feet in area, and will be unenclosed on its north, south and west sides. The carport addition will be located eight (8) to ten (10) inches from the west side property line and 29 feet from the front (north) property line. Section 36- 254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of six (6) feet for this R -2 zoned lot. Therefore, the applicant is requesting a variance to allow the proposed carport addition with a side setback of eight (8) to ten (10) inches. Staff is not supportive of the requested side setback variance. Staff does not view the request as reasonable. Although reduced side setbacks are not out of character for this overall neighborhood, staff typically supports a minimum side setback of 1.5 feet for unenclosed, carport-type structures in residential zoning. Staff feels that this allows a minimal area for an unenclosed structure to be constructed and maintained without encroaching onto an adjacent property to the side. Staff believes that an eight (8) to ten (10) inch side setback is not quite enough area to accomplish the construction and maintenance of the proposed addition without encroaching onto the adjacent property to the west. Additionally, guttering may be needed, if the roof pitch dictates, to prevent water run -off onto the adjacent property. Staff could support an amended application to provide a 1.5 foot side setback to the face of the support columns of the proposed carport addition, with the overhang (including guttering) being allowed to extend to the side property line. D. Staff Recommendation: Staff recommends denial of the requested side setback variance, as filed. BOARD OF ADJUSTMENT (February 26, 2018) Susan Desselle and Jeremiah Russell were present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Susan Desselle addressed the Board in support of the application. She explained that she desired to cover the existing parking pad with a two -car wide carport addition. She explained that providing an 18 inch side setback, as suggested by staff, would not allow the parking of the vehicles. She noted that the property owner immediately to the west supported the project. She also noted that guttering would be provided if needed. 2 FEBRUARY 26, 2018 ITEM NO.: 2 (CON'T.) Z -9299 Vice -Chair Lindsey Polk asked about the roof overhang. Jeremiah Russell explained the proposed roof overhang. After a brief discussion, Mr. Russell noted that the roof overhang, including guttering, would be inside the side property line. Frank Allison asked about the slope of the roof. Mr. Russell indicated that it had not yet been determined, but water run -off onto the adjacent property would not be allowed. Jeff Yates noted that staff suggested an 18 inch minimum side setback and that he could also support an 18 inch minimum side setback. He encouraged the applicants to consider providing a slightly greater side setback. Mr. Russell noted that he could make an 18 inch side setback work from a design standpoint. Ms. Desselle again noted the desire for a two -car wide carport. Frank Allison noted that most two -car wide garage doors were 16 to 18 feet wide. Ms. Desselle amended the application to provide an 18 inch side setback with the roof overhang not to extend past the property line. Staff supported the revised application with the following conditions: 1. Compliance with the Building Codes requirements as noted in paragraph B. of the staff report. 2. Guttering must be provided, if the slope dictates, to prohibit water run -off onto the adjacent property to the west. A motion was made to approve the application as amended and recommended by staff. The vote was 5 ayes, 0 noes and 0 absent. The amended application was approved. 3 R E A L E S T A T E December 27, 2017 To: Department of Planning & Development From: Susan and Michael Desselle Re: Residential Zoning Variance request Property: 5801 Stonewall Road Dear Committee: 1 T., 4 Z -Z - 9299 We are requesting a residential zoning variance to have a carport built on the west side of our property. There is already a concrete parking pad in this location. The proposed carport, if approved, has been designed by Jack Hartsell and would be built on the existing carport pad. The dimensions of the carport will not exceed the dimensions of the existing parking pad in any way. The carport maximum dimension will be 22' deep by 19' wide. The carport design and finishes will be in keeping with the rest of the house and will be very aesthetically pleasing. It will be attached to the house and have the same kind of roof as the house. We are requesting this variance so that we can have covered and lighted parking for our vehicles and safer access to and from our house in inclement weather. Our home is on the corner of Stonewall and Pierce and backs up to Kavanaugh Boulevard. There is a lot of street parking all around our house for those people frequenting the restaurants and stores on Kavanaugh near Pierce. We feel covered /lighted parking will also provide us an additional layer of security for our home and cars, as well. Thank you for your consideration. Susan and Michael Desselle, Homeowners 415 N. MCKINLEY #1019 / LITTLE ROCK, AR 72205 DESSELLEREALE STATE. COM FEBRUARY 26, 2018 ITEM NO.: 3 File No.: Owner /Applicant: Address: Description: Zoned: Variance Requested: Z -9300 Magdalena Camacho Barrueta 6 Desha Street Northwest corner of Desha Street and Hatfield Drive R -2 An administrative appeal is requested from Section 36 -512 to allow a commercial vehicle to be parked on a residential zoned property. 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 Public Works Issues: No Comments Staff Analysis The R -2 zoned property located at 6 Desha Street is occupied by a one -story brick and frame single family residence. The property is located at the northwest corner of Desha Street and Hatfield Drive. A two -car wide driveway from Desha Street is located at the northeast corner of the property. A second two -car wide driveway from Hatfield Drive is located at the southwest corner of the lot. Magdalena Camacho Barrueta is the property owner and applicant. On December 18, 2017 the City's Zoning Enforcement staff issued a seven (7) day Courtesy Notice to Magdalena Camacho Barrueta to cease parking /storing a commercial vehicle at 6 Desha Street. Staff observed a 17 foot long white Ford box truck parked on the site, on the driveway at the northeast corner of the property. The truck is shown on the attached photos. The commercial truck has a load carrying capacity of slightly over 3,000 pounds. Following are the specifications for the truck. These specifications were noted by staff, as found on a specifications plate on the inside door panel of the truck. Empty Weight: 8,140 lbs. Gross vehicle weight: 11,000 lbs. Hitch rating: 6,000 lbs. FEBRUARY 26, 2018 ITEM NO.: 3 (CON'T.) Z -9300 • Cubic capacity: 849 Cu. Ft. • Payload: 3,060 lbs. Section 36 -512 of the City's Zoning Ordinance prohibits the parking of commercial vehicles on land zoned for residential usage. Section 36 -512 of the code is as follows: Sec. 36 -512. Commercial vehicle parking (prohibited). (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 intrastate 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. 9) Mobile Canteen units. The 17 foot long white Ford box truck has a load carrying capacity of slightly over 3,000 pounds or 1 '/2 tons as determined by staff. Therefore, the box truck is considered a commercial vehicle as per the City's Zoning Ordinance. On January 29, 2018 the owner of 6 Desha Street, Magdalena Camacho Barrueta, filed as administrative appeal to the Board of Adjustment. The applicant is appealing staff's determination that the vehicle is a commercial vehicle as defined by the Zoning Ordinance. The Board is asked to determine if the staffs assessment and classification of the vehicle as a commercial vehicle is correct. BOARD OF ADJUSTMENT (February 26, 2018) Magdalena Camacho was present, representing the application. There were no objectors present. Staff presented the application. 2 FEBRUARY 26, 2018 ITEM NO.: 3 (CON'T. Z -9300 Magdalena Camacho addressed the Board in support of the application. Ms. Camacho's daughter served as interpreter for her. Ms. Camacho explained the use of the truck and why she needed it to be parked at the residence. She explained that the truck is used for storage and transport of merchandise to area flea markets. She noted that the truck is only used on weekends. Jeff Yates asked about the Board's consideration of this item. Staff explained that the Board is to determine if staff was correct in classifying the truck in question as a commercial vehicle as per the City's Zoning Ordinance. There was brief further discussion. There was a motion to approve the administrative appeal. The motion failed by a vote of 0 ayes, 5 noes and 0 absent. The administrative appeal was denied. Staff noted that there is a 30 day appeal period and that any further enforcement will be suspended for 30 days, which will allow Ms. Camacho to find an appropriate place to park/store the commercial truck. Z- 9300 Little Rock, Arkansas January 22, 2018 Dear Kenny Scott, On December 18, 2017, I received a notification concerning the truck. I would like to explain what I do with the vehicle and what I use it for. I work Saturdays and Sundays and on those days I work at the Ilea Markets located at Bebee andTine Bluff. I leave home at 5:00 am and I return around 3:30 to 4:00 in the afternoon. When I enter school zones, I am very cautious of my speed to be up to 10 mph because I am aware that children are in the school zone. I have been working with him for 7 years and paying taxes for 12 years. I just wanted to request for your help. I do not cause problems with the truck it's just my working transportation. I'm a single mother and I'm unable to pay extra storage for my merchandise and my truck. Please take my issue in consideration. Sincerely, Magdalena Camacho 100 City Hall CAIP o f little R 500 West Markham St Litde Rock, Ax 72201 �reaurpauagerrYPritibi�iOTC Phone: (501) 371 -4566 Fax: (501) 371 -4569 2018 2018 License is CAMACHO MAGDALENA Granted To: DISTRIBUIDORZ MAGDALENA 6 DESHA STREET LITTLE ROCK, AR 72209 License DISTRIBUIDORZ MAGDALENA Address: 6 DESHA STREET LITTLE ROCK, AR 72209 Account Number: BL139276 Item Description of Business Amount 3340 TELEMARKETING /MAIL ORDER -BASE 135.00 Auto Assessment Charge 0.00 TOTAL PAID $135.00 In the City of Little Rock, County of Pulaski, State of Arkansas. For 12 months from the 1st day of January, 2018. Given under my hand this the 29th day of january. 2018. Treasury Manager By: Demetria Keels INFORMATION OF IMPORTANCE TO HOLDER OF THIS ORIGINAL LICENSE: This License: 1. Does not authorize a business to operate in conflict with the laws of the City of Little Rock (inclusive of zoning regulation or the State of Arkansas. 2. Must be posted in a conspicuous place at the business location being licensed. 3. Is NOT transferable with respect to location, business classification, or ownership. Change in location, classification or ownership will necessitate a new license. FEBRUARY 26, 2018 ITEM NO.: 4 File No.: Owner /Applicant: Address: Description: Zoned: Z -9301 Jason Williams 12800 Ridgehaven Road Lot 2, Cheairs Addition 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: The Cheairs Addition subdivision plat indicates the presence of utility and drainage easements on the northern and western boundaries of the property. CLR Code of Ordinances § 29 -127 prohibits the placement of obstructions within drainage easements, including fences. Any enclosure of drainage easements by fences or other obstructions will limit the ability of the Public Works to maintain drainage infrastructure. With the fence existing today, staff does not object to the variance for replacement of the existing fence. B. Staff Analysis: The R -2 zoned property at 12800 Ridgehaven Road is occupied by a one -story brick and frame single family residence. The property is located on the north side of Ridgehaven Road, west of Napa Valley Drive. The lot contains a "pipestem" which extends from Ridgehaven Road and contains the access drive to the property. There is existing six (6) foot high wood fences along the east and west side property lines. Chain -link fencing exists along the north and south property lines. Jason Williams is the property owner and applicant. The applicant proposes to construct an eight (8) foot high wood fence along the north (rear) property line of the overall property, as noted on the attached site plan. The wood fence will replace an existing chain -link fence. The applicant is requesting the eight (8) foot high fence to provide additional privacy for a swimming pool area which is being constructed in the rear yard. FEBRUARY 26, 2018 ITEM NO.: 4 (CON'T.) Z -9301 _ Section 36- 516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of six (6) feet for interior fences in residential zoning. Therefore, the applicant is requesting a variance to allow the wood fence along the north (rear) property line with a height of eight (8) feet. Staff is supportive of the requested fence height variance. Staff views the request as reasonable. The applicant is requesting the increased fence height in order to provide additional privacy for a pool which is under construction. The subject property backs up to a patio house type subdivision where the homes have rear access, with an access driveway located between the homes and the common rear property line. Eight (8) foot high fences have become increasingly popular in single family areas throughout Little Rock. Staff believes the proposed eight (8) foot high fence along the rear property line 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, as filed. BOARD OF ADJUSTMENT (February 26, 2018) Jason Williams was present, representing the application. There were several persons present in opposition. Staff presented the application with a recommendation of approval. Jason Williams addressed the Board in support of the application. He explained that the pool area within his rear yard is at a higher elevation than the property to the north. He explained that an eight (8) foot high fence is needed for privacy because of the grade change. Robert Tucker asked about the vertical distance between the pool and the rear property line. Mr. Williams stated that he did not know the distance. Mr. Tucker asked about the distance from the property line to the nearest edge of the pool. Mr. Williams stated that the pool was set back 30 to 40 feet. Vice -Chair Lindsey Polk asked if the new fence would be in the same location as the old fence. Mr. Williams noted that it would be at the same location. Loren Samons addressed the Board in opposition. He explained that he had no objection to a six (6) foot high fence, but that an eight (8) foot high fence was too tall. He noted that other neighbors were also in opposition. He noted that there were no other higher fences in the area. He presented letters of opposition to the Board. Jeff Yates asked why an eight (8) foot high fence was a problem. Mr. Samons explained that the taller fence was too much of a visual barrier. Mr. Yates noted that eight (8) foot high fences were very common in residential areas. 2 FEBRUARY 26, 2018 ITEM NO.: 4 (CON'T.) Z -9301 Helen Baldwin also spoke in opposition. She stated that eight (8) foot high fencing would be unusual for the neighborhood. Mr. Williams explained that his property was part of a different subdivision than the properties to the north. There was a motion to approve the application as recommended by staff. The motion passed by a vote of 3 ayes, 2 noes and 0 absent. The application was approved. Jason Everett Williams 12800 Ridgehaven Road Little Rock, AR 72211 (501)912 -9633 buckwilli@hotmail.com Z - 9301 Dear Little Rock Board of Adjustment, This letter will serve as a cover letter for my application for a residential zoning variance. Specifically, I am asking the Board to allow a variance of the (e) (1) provisions of Section 36 -516 of the Little Rock Code of Ordinances to permit me to construct an 8 foot tall privacy fence along the north border of my property at 12800 Ridgehaven Road, Little Rock, AR, 72211. Currently, there is a wire fence along the north border that was in place when I purchased this house in March 2017. I am currently in the process of building a concrete pool in my backyard. This wire fence will have to be replaced by a privacy fence due to my homeowner's insurance policy guidelines. Due to the slope of my backyard, and the fact that the pool will be slightly "above ground" at its highest point, I am afraid that a 6 foot tall fence will not provide sufficient privacy from the private drive next the north border of my property. This fence will be professionally built and will not be visible from any public road. I see no reason an 8 foot tall fence would be an eyesore or nuisance to anyone for any reason, and I hope that the Board agrees with me. Thank you, Jason Williams BOARD OF ADJUSTMENT VOTE RECORD DATE: �Ue� , �C:� 15 MEMBER ,2 ALLISON, FRANK ✓ LINDSEY POLK, CAROLYN • v SMITH, CHRISTOPHER )� ✓ , ® ✓ (TUCKER, ROBERT l YATES, JEFF I TIME IN AND TIME OUT ALLISON, FRANK LINDSEY POLK, CAROLYN SMITH, CHRISTOPHER TUCKER, ROBERT YATES, JEFF VIAYE & NAYE � ABSENT _ jABSTAIN Meeting Adjourned —P.M. February 26, 2018 There being no further business before the Board, the meeting was adjourned at 2:40 p.m. Date Chairman Secretary