HomeMy WebLinkAboutHDC2019-015 staff report finalPage 1 of 8
DATE: September 9, 2019
APPLICANT: Paula Stitz
ADDRESS: 521 E 6th Street
FILE NUMBER: HDC2019-015
COA REQUEST: Fencing
PROJECT BACKGROUND AND DESCRIPTION:
The subject property is located at 521 E 6th Street. The
property’s legal description is “that part of Fowler Block in
Stevenson’s Addition to the City of Little Rock, Pulaski
County, Arkansas, more particularly described as follows:
Begin at a point on the South line of East 6th Street, which
is 80.0 feet West of the Northeast corner of said Fowler
Block; thence West along the south line of East 6th Street
40.0’, thence south parallel with the West line of Sherman
Street 150.0 feet; thence East parallel with the South line
of East 6th Street 40.0 feet; thence North parallel with the
West line of Sherman Street 150.0 f eet to the point of
beginning.
This house was built between 1939 and 1950 according
to the Sanborn maps. The 2006 survey form states: “This
small structure located at the back of the site appears to
be an ancillary structure of a now missing house. The
front gabled half front porch simple designed structure
draws from a simple folk Victorian style.” It is considered a "Non-contributing Structure" to the
MacArthur Park Historic District.
This application is for 55 feet of five f eet tall wood privacy fence along the western property line
between the house and the back of the parking pad (A), 65 feet of five feet tall black coated
chain link fence on the eastern property line between the house and the back of the parking pad
(F), a 40 feet long section of fence from east to west immediately behind the parking pad that
contains two 4’ wide five feet tall swing gates in black coated chain link (E) and one 12 foot
wide five feet tall double gate at driveway entrance (C). All of the fences and gates in the
DEPARTMENT OF PLANNING AND DEVELOPMENT
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax:(501) 399-3435
www.littlerock.gov
STAFF REPORT
ITEM NO. One.
Location of Project
Page 2 of 8
application are proposed to be five feet tall. See sketch on page three of this report for location
of fences and gates. The letters refer to the sketch. No changes are being proposed in fence
sections B, C, and D except the new vehicle gate. The fence in section D was installed without
a COA sometime between July 2014 and April 2016 according to Google street view.
PREVIOUS ACTIONS ON THIS SITE:
On April 13, 2000, a COA was approved and issued to Catherine Lyon for vinyl siding on the
house and the addition of a driveway and parking pad.
It is unclear when the current driveway gate and the fencing to the east were installed. The
fence in section D was installed without a COA sometime between July 2014 and April 2016
according to Google street view. It is a 42” prefab black painted metal fence with a vine
decorative accent on the top shown in the upper left photo on page 3.
Existing north elevation of house Contributing and Non-contributing map
PROPOSAL AND WRITTEN ANALYSIS OF THE APPLICATION BASED OFF OF INTENT
AND GUIDELINES:
This application will be required to go to the Board of Adjustment for a fence height variance if
approved as submitted. Sec. 36-516(e)(1)a Residential fence and wall standards of the Little
Rock Municipal Code states: Between a required building setback line and a street right -of-way,
the maximum height shall be four (4) feet. Other fences may be erected to a maximum height
of six (6) feet. Subsection (7) states: Support columns or support posts shall be permitted to
exceed the allowable fence or wall height by no more than two (2) feet, including any
ornamental features. Support columns or support posts shall be a maximum width of two (2)
feet. There shall be a minimum distance of seven-feet – six inches (7’-6”) between opposing
faces of support columns or support posts which exceed the allowable fence or wall height,
other than at gates or corners. This request for a five foot tall gate on the north property line will
require approval at the Board of Adjustment if approved as submitted.
The Guidelines state that front yard fences should be three feet in height and rear yard privacy
fences should start at the midpoint of the house. This property is unique in the fact that the
house is set extremely far back on the lot so that almost the entirety of the yard is in the front
yard. No survey has been provided to determine the rear yard measurements. To strictly
adhere to the Guidelines would mean that the three feet tall fences would be significantly farther
back on the lot than the neighbors would be required to do since their houses sit so much closer
to the street. See sketch below.
Page 3 of 8
The question arises as to what is the appropriate height for the district in relation to the
guidelines. If the fences are evaluated as if they were fences that were installed and owned by
each adjacent neighbor, the outcome would be different as their taller privacy fences would start
midpoint of the house to the rear.
There is a rational breaking point on the property that could serve as the effective dividing line
between the three and five foot tall sections of the fence. There is a concrete parking pad in the
front yard that is about thirty five feet back from the 6th Street right of way. There is proposed to
be a five foot tall section of fencing labeled “E” in the sketch below along the southern line of
this effectively dividing the yard into north and south sections. This could serve as the boundary
of the differing height of the fences, keeping the dogs south of this line with five feet tall fencing,
(sections A, E, and F) and all fencing to the north (C) to be three feet tall. The application is for
a five feet tall vehicle gate in a three feet tall fence. This application is also for recognition of the
fence in section D that was installed without a COA. It is shown in the photo to the upper left.
No changes are proposed to fence sections B and D. The taller five feet tall fence is shown in
red and the three feet tall fence is shown in blue.
Sketch of fences showing parking pad to the upper
left of the property. Sections are labeled A-F.
Photo of existing drive gate looking south
showing concrete parking area.
Mills House at 523 E 6th on left and applicant’s
house in background on right of photo. The 42”
prefab metal fence is visible in this photo.
House at 519 E 6th on right and applicant’s house
in background on left of photo.
Page 4 of 8
There are some remnants of historic fencing on the 6th Street side. The photo below shows the
historic post and the 42” prefab fence installed behind. The historic fence sections are about
42” in height. There is one ornate post that should not be removed on the west side of the
driveway. The new post of the drive gate should be installed to the east or the northwest of this
post to allow for functional use of the new gates.
The guidelines also state that chain link fences may be located only in rear yards, where not
readily visible from the street, and should be coated dark green or black. Screening with plant
material is recommended. This request for chain link fence would definitely be visible from the
street. While the argument has been made earlier about the unique siting of the house and the
heights of the fences, this argument does not hold for the style and materials of the fences.
Chain link fences visible from the street are not appropriate. Wood picket fences and decorative
metal fences would be appropriate.
March 2019 Google street view photo showing historic fence
and 42” prefab fence installed immediately behind.
Historic fence post with mailbox
attached and drive gate with vine
accent.
Proposed wood privacy fence. Proposed black coated chain link fence.
Page 5 of 8
Staff acknowledges the need for taller fencing is needed to maintain security, keep the dogs in
the yard, and that this is a very unique situation with the house sitting so far back on the lot.
Staff believes that the compromise on rear yard front yard dividing line could be that the
southern line of the parking pad be treated for this lot as the breaking line for the differing height
of fences with all five feet tall fences to the south of this line and all shorter fences to the north
6th Street side of the line as shown in red and blue sections in the sketch below. In opposition
to what is filed, Staff believes that it would be
appropriate for the property and the district to have
a five feet tall wood fence as requested on the east
and west property lines south of the parking pad
(sections A and F). Currently on the west side,
there is a five and three feet tall sections of wood
fence on the west side and the 42” prefab metal
fence on the east side.
Staff believes it is appropriate to have a five feet
tall metal fence (not chain link) running east-west
on the south side of the parking pad (section E).
An example of a suitable metal fencing can be
found at 518 E 8th Street at the apartment
complex.
Staff also believes it to be appropriate to have a shorter metal fence in the “front yard” in
sections B, C and D. On the 6th Street side (section C), the 42” prefab metal fence is already
installed behind the historic 42” fence. This 42’ prefab metal fence that will be removed for the
eastern 5’ privacy fence can be reinstalled on the eastern side Section B. This will put all metal
fencing in the front yard section. The drive gates need to have more appropriate closing
hardware installed and be installed at the lowest height possible.
The following chart is provided to clarify the sections of fence.
Fence Section Existing Proposed Staff recommendation
A (rear west side) 5’ wood privacy / 3’ wood 5’ wood privacy 5’ wood privacy
B (front west
side)
3’ wood 3’ wood 42” prefab metal fence
relocated from east side
C (6th Street) Historic fence /prefab 42”
gates mounted at 46”
Historic fence /5’
chain link gates
Historic fence /prefab 42”
gates mounted at 46”
D (front east side) 42” prefab metal fence 42” prefab metal
fence
42” prefab metal fence
E (center yard) no fence 5’ chain link fence 5’ metal fence (not chain
link)
F (rear east side) 42” prefab metal fence 5’ chain link fence 5’ wood privacy
NEIGHBORHOOD COMMENTS AND REACTION: At the time of distribution, there were no
comments regarding this application.
Fence sections.
Page 6 of 8
STAFF RECOMMENDATION: Approval with the following conditions:
1. Obtaining a building permit.
2. Locations and heights of fences as noted in the table and sketch above
3. The post for the drive gates on 6th Street shall not require removal or relocation of the
historic post.
Page 7 of 8
Application
Page 8 of 8
Cover Letter