HomeMy WebLinkAboutBOA Action Letter - DeniedDepartment of Planning and Development Planning
723 West Markham Street
Little Rock, Arkansas 72201-1334 Development
Phone: (501)371-4790 Fax: (501)371-4546 Building Codes
Dr. Richard Johnson File No. Z-9728
Location: 3404 Pine Cone Drive
1811 Forman Drive
Little Rock AR 72227
Date: October 25, 2022
Dear Dr. Johnson:
Issue: Fence/Wall Height Variance _
This is to advise you that in connection with your application, File No. Z-9728, the following action was
taken by the Board of Adjustment at its meeting on October 20, 2022:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Approved the application as filed.
Approved the application with conditions.
X 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) 371-4792.
Sincerely,
Monte Moore, lbevelopment Administrator
MM/vh
OCTOBER 20, 2022
ITEM NO. 5
File No.. -
Owners:
Applicant:
Address:
Legal Description:
Zoned:
Present Use:
Proposed Use:
Z-9
Z-9728
Singletree Reality LLC
Richard Johnson
3404 Pine Cone Drive
Lot 32, Pinewood Subdivision, Addition to the city of Little Roc,
Pulaski County Arkansas
R-2
Single-family Residence
Single-family Residence
Variance(s) Requested: Variances are 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 dated August 16, 2022.
STAFF REPORT
A. Plannina 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 at 3404 Pine Cone Drive is located in the southeast
part of the city, south of Baseline Road and east of Hilaro Springs Road. The single-
family home was recently constructed in 2021 and is located on the north side of the
street the second parcel northeast of the intersection of Arapaho Trail and Pine Cone
Drive.
The applicant does not live in the home but is a member of a reality group that rents
to a family with young children. The applicant has stated that the house has been
struck on two different occasions by drive -by shootings. The first shooting resulted
OCTOBER 20, 2022
ITEM NO. 5 Con't. Z-9728
in nine bullet holes in the front of the house while the second shooting resulted in
three. For security purposes the applicant requested to install a 6-foot wood privacy
fence adjacent on the front property line. The applicant was informed by staff that
the requested materials and location of the barrier as proposed would not be
supported for variance approval.
The applicant agreed to revise their proposal stating that a barrier 6-feet in height is
still desired but has agreed to move this back from the front property line, crossing
the front setback by only 5-feet. In addition, the materials for this security barrier will
be constructed as a masonry wall with steel panel gates. The applicant revised their
sketch and submitted this with the application for approval.
The sketch provided indicates that the masonry wall will be placed 5-feet south of
the 25-foot front building line. The barrier will run parallel to the front of the house
the width of the front yard and connect to an existing fence on both the east and
west sides of the property. Steel panel gates will be placed across the driveway and
be able to be closed once any vehicle is secured in the single car garage.
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 a masonry barrier / fence to a height to six (6) feet between the building
setback line and a street right-of-way.
Staff is sympathetic to the applicants request but could not support the originally
proposed wooden barrier due to the location, and amount of protection that seems
to be required. The wood fence as purposed would be out of character with
surrounding properties and detract from the overall aesthetic of the neighborhood.
Staff believes that a masonry barrier located closer to the home could be better
integrated with the architecture of the house and not be as imposing to the
streetscape as a wooden barrier placed on the front property line. Due to the
circumstances and previous issues associated with this property staff will support a
masonry barrier 6-foot in height with steel panel gates that crosses the front building
line a maximum of 5-feet.
Based on the analysis staff is supportive of the requested variance associated with
the proposed fence height. While there will be an additional visual impact from that
of the original residence circumstances indicate that additional security is required
for the occupants of the home to feel safe. It is in staffs opinion, the proposed fence
/ wall can be integrated into the architecture of the home and the height variance will
have no negative effect upon the health, safety, or welfare of the public and will not
detract from the value or aesthetic of the neighborhood or surrounding properties.
2
OCTOBER 20, 2022
ITEM NO. 5 Con't. Z-9728
E. Staff Recommendation:
Staff recommends approval of the requested front yard fence height variance as per
the staff analysis and as presented in the attached documentation with the following
condition:
1. Detailed plans and elevations of the masonry fence / wall and gates are
to be submitted for review and approval before a permit can be issued.
Board of Adjustment (OCTOBER 20, 2022)
Richard Johnson was present, representing the application. There was one (1) objector
present. Staff presented the application with a recommendation of approval.
Richard Johnson addressed the Board in support of the application. He explained that
the need for the taller wall was for the security of the residents, as there had been two (2)
drive -by shootings.
Deon Robinson addressed the Board in opposition. He explained that he owned
properties in the area and that the proposed masonry wall would be an eye sore for the
neighbors. He explained that the type of wall proposed would not be a benefit to the
neighborhood.
Mr. Johnson further explained the need for the proposed wall and noted that it would be
located 20 feet back from the front property line.
Chairman Allison noted that he did not support the fence/wall height variance. He
explained that the type of wall proposed would create a barrier that would set the wrong
tone within the neighborhood, and that it would set a bad precedent for the area.
Jeremiah Russell and James Harkins concurred with Chairman Allison.
There was brief additional discussion of the fence/wall height issue.
A motion was made to approve the application, as recommended by staff. The vote was
0 ayes, 4nays and 1 absent. The motion failed and the application was denied.
3
SI G LE' REE REALTY, Y, LLC
1811 FOREMAN DRIVE
LITTLE ROCK, A RKA SAS 72227
August 16, 2022
To: Little Rock Board of Adjustment
Re: Variance for a six-foot fence to be constructed along the front of the
house located at 3404 Pine Cone Drive, Little Rock, AR 72209
Dear Members of the Board,
1, Richard Johnson, Member of Singletree Realty, LLC, which owns the
above -referenced property, am requesting a variance hotto build
been he
high fence along the front of said property.
subject of two different drive -by shootings on occasion and three were
nine bullet holes in the front of the housewith small children is
bullet holes on the second shooting. A family
living in the home and �enetratin frightened.
the housand
A four foot fencea � not
prevent other gunshots pe g
high enough to prevent this.
The house is not on a corner lot, so the fence request that you allow a variance
any street intersection. l respectfully y
on fence height at this location.
Sincerely,
Singietree Realty, LLC
t
Y
Richard Johnson,.Wember