HomeMy WebLinkAboutBOA Action Letter 070220 Approved with ConditionsCity of Little Rock
Department of Planning and Development Planning
723 West Markham Street Zoning and
Little Rock, Arkansas 72201-1334 Subdivision
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6663
Brian Dumont
Dumont Construction
453 Valley Club Circle
Little Rock AR 72212
Date: July 06, 2020
Dear Mr. Dumont:
Re: Case No. Z-9520 _
Location: 453 Valley Club Circle
Issue: Fence Variance
This is to advise you that in connection with your application case no. Z-9520, the following action was taken
by the Board of Adjustment at its meeting on Jules 2020.
(a) Approved the application as filed.
(b) X Approved the application with conditions.
(c) Denied the application.
(d) Deferred the application to the meeting.
(e) Withdrew the application.
(f) X See attached Board of Adjustment minute record for conditions.
(g) Other:
If a variance application is approved by the Board of Adjustment, all permits necessary for the
initiation of work shall be obtained within two (2) years from the date of approval, unless an extension of time
is granted by the Board. Otherwise, the Board approval of the application shall be considered void.
According to the City's Zoning Ordinance Section 36-70:
"Appeals from the decision of the Board of Adjustment shall be filed with the appropriate court of
jurisdiction. This filing must occur within thirty (30) calendar days of the action by the Board of
Adjustment."
If you have any questions, please call me at 371-4792.
Sincerely,
Tim Herndon, Development Manager
Department of Planning and Development
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JULY 2, 2020
ITEM NO.: 6
File No.: Z-9520
Owner: Kevin and Jacquelyn Yarbrough
Applicant: Brian Dumont, Dumont Construction
Address: 453 Valley Club Circle
Legal Description: Lot 2, Block 4 of Pleasant Valley Addition
Zoned: R-2
Present Use: Single Family Residential
Proposed Use: Single Family Residential
Variance Requested: Variance request from the height provision of Sec. 36-516 to
allow increased fence height outside of a 40-foot platted
building line.
Justification: The applicant's justification is presented in attached letter dated
May 14, 2020.
STAFF REPORT
A. Engineering Issues:
No Comments.
B. Staff Analysis:
The R-2 zoned property located at 453 Valley Club Circle is occupied by an east
facing one-story, stone and wood clad single-family residence. A loop drive (not
relevant to the subject application) connects the primary entrance of the home to
Valley Club Circle and to Tam-O-Shanter Court. A two -car width concrete driveway
connects Tam-O-Shanter Court to an attached two -car garage on the south side of
the house. To the southwest/rear of the residence, a wood fence is proposed, a
portion of which will extend to Tam-O-Shanter Court and encroach the 40-foot
platted building line along Tam-O-Shanter Court.
The applicant proposes to install a 6-foot high pine fence with wood trim, "box" style
columns and caps, all generally within the rear yard, southwest of the home. A
variance is requested to allow extraordinary fence height outside the platted 40-foot
side building line to the south.
Under typical circumstances, in the R-2 zoning district, side yard setbacks are to
have "a width of not less than ten (10) percent of the average width of the lot, not to
exceed eight (8) feet." However, due to the 40-foot platted building line, the property
JULY 2, 2020
ITEM NO.: 6 (CON'T.
9520
has an effective setback of 40 feet (five times that of a normal setback in the R-2
district.)
Section 36-516(e)(1)a. 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 eight (8) feet."
Recent text amendments to the City Code include an increase in allowable fence
height from 6 feet to the above -stated 8 feet. The applicant proposes a six (6)
foot high fence throughout, including the portions of the subject property outside of
the building line where the fence would otherwise be limited to 4 feet in height.
Notes:
A significant stand of mature shrubs exists parallel and in front of the proposed Tam-
O-Shanter Court fence alignment. This existing vegetation will screen the majority
of the proposed fence from public view.
Staff conferred with Engineering and conducted a site visit to ensure no effective
sight distance violations are created by the proposed fence.
The applicant provided signatures of nearby owner/residents in support of this
application.
For the reasons previously stated in this report, staff views the request
as justifiable, compatible with nearby residences and the neighborhood as a
whole, and is supportive of the requested fence height variance, allowing a six (6)
foot high fence between the required side building setback line and the Tam-O-
Shanter Court right-of-way line.
C. Staff Recommendation:
Staff recommends approval of the fence height variance request, with the following
condition:
The proposed six (6) foot high wood fence shall be constructed no closer than
eight (8) feet to the Tam-O-Shanter Court right-of-way line.
Board of Adjustment
(July 02, 2020)
The applicant was present. There were no persons registered in support or opposition.
Staff presented the item and recommendation of approval as outlined in the "staff
recommendation" above. There was no further discussion. The item was placed on the
consent agenda and approved as recommended by staff, including all staff comments
and conditions. The vote was 4 ayes, 0 noes and 1 absent. The application was
approved.
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