HomeMy WebLinkAboutZ-9704 Final Action Letter Approved 082222Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501)371-4790 Fax: (501)371-4546
Jairo Morales
11 Bracey Circle
Little Rock, AR 72204
Date: August 19, 2022
Dear Mr. Morales:
File No. Z-9704
Location: 11 Bracey Circle
Planning
Development
Building Codes
Issue: Increased Fence Height Variance
This is to advise you that in connection with your application, File No. Z-9704 the following action
was taken by the Board of Adjustment at its meeting on August 18, 2022
(a) X
(b)
(c)
(d)
(e)
(fl
(g)
Approved the application as filed.
Approved the application with conditions.
Denied the application.
Deferred the application to the meeting.
Withdrew the application.
See attached Board of Adjustment minute record for conditions.
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's 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 questions, please call me at (501)371-6817.
Sincerely
-C�o r., W G 0 / - 14
D. Tracy Spi man, Pians Development Administrator
DTS/vh
AUGUST 18, 2022
ITEM NO. 3
File No.:
Owners:
Applicant:
Address:
Legal Description:
Zoned:
Present Use:
Proposed Use:
Z-9704
Z-9704
Jario Irving Morales
Jario Irving Morales
11 Bracey Circle
Lot 4, Block 2, Stagecoach Crossing, Phase 3, Addition to the
City of Little Rock, Pulaski County Arkansas
Single-family Residence
Single-family Residence
Variance(s) Requested: A variance is requested from the height and area provisions
of Section 36-516 to allow an increased fence height from four
(4) feet to six (6) feet between a required building setback line
and a street right-of-way.
Justification: The applicant's justification is presented as per the attached
letter.
STAFF REPORT
A. Planning and Development Civil Engineering Comments:
No Comments.
B. Buffering and Landscape Comments:
No Comments
C. Building Codes Comments:
No Comments
D. Staff Analysis:
The R-2 zoned property located in southwest Little Rock is east of Stagecoach Rd
and north of Herndon Rd in the Stagecoach Crossing subdivision. The subject
property resides on the interior northwest corner of the ring road, Bracey Circle and
is occupied by a single-family frame and masonry home that was built in 2016. The
surrounding properties are either undeveloped or also occupied by single-family
homes constructed in the same period. The front of the home faces southwest
towards Bracey Circle with off-street parking and a two -car garage accessed from
this same street.
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AUGUST 18, 2022
ITEM NO.: 3 CON'T. Z-9704
The house is constructed within the building setback lines of the property.
Additionally, a 10-foot utility easement is shown adjacent to the Bracey Circle right-
of-way and adjacent to the rear property line. The applicant is proposing to construct
a privacy fence, 6-foot in height on the north, south, and west sides of the property
stating it is their desire to create a secure and private area adjacent to the side street
right-of-way. The sketch provided indicates that the fence will run approximately 50-
feet along the north (rear yard) property line before turning south and traveling
approximately 70-feet adjacent to the Bracey Circle right-of-way. The fence is shown
to then turn towards east and traveling for 30-feet and terminating at the side of the
house. While the fence placed on the rear property line is proposed to be within the
code height requirements the proposed fence height adjacent to the street right-of-
way will require a variance.
Section 36-516 (e)(1)(a) of the City's Zoning Ordinance states that the residential
fence standards; "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." Therefore, the applicant is requesting a variance
to allow the extension of the fence height to six (6) feet between the street right-of-
way and the building line on the west and south sides of the property.
Staff finds the request to generally be in conformance with the development pattern
in the area and notes that other residential side and rear yards allow the construction
of fences to a height of eight (8) feet. It is also noted that the existence of side yard
fences exceeding four (4) feet in height adjacent to street rights -of -way are not
uncommon within the Little Rock City limits.
E. Staff Recommendation:
Staff recommends approval of the requested fence height variance to allow a privacy
fence to be constructed to a height of 6-feet between the required building setback
and the street right-of-way as per the staff analysis and attached survey / site plan.
Board of Adjustment
(AUGUST 18, 2022)
The applicant was present. There were no objectors present via WebEx or in person.
Staff presented the application to the Commission and stated it recommended the fence
height variance be approved as per the staff report. There was a consent motion to
approve the application. The application was approved. The vote was 4 ayes, 0 nays, 1
absent.
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