HomeMy WebLinkAboutZ-9728-3404 Pine Cone Drive - BOA Staff Rpt
File No.: Z-9728
Owners: Singletree Reality LLC
Applicant: Richard Johnson
Address: 3404 Pine Cone Drive
Legal Description: Lot 32, Pinewood Subdivision, Addition to the city of Little Roc, Pulaski County Arkansas
Zoned: R-2
Present Use: Single-family Residence
Proposed Use: 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
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 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 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 met with staff to discuss options and 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.
Staff continued to review the proposal and the property and discovered that a 6-foot wood fence has already been erected on the front property line. In addition, a new wood fence has
been erected on the side (west) property line which is approximately 10 to 12-feet in height. Both of these are barriers are not in compliance with the current code requirements
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 purposed
masonry barrier 6-foot in height with steel panel gates that crosses the front building line a maximum of 5-feet. However, after further review of the property and the fence structures
that have been erected staff feels that a 6-foot masonry barrier will also dominate the front of the property and be out of character with the surrounding homes.
Based on the analysis staff is not supportive of the requested variance associated with the proposed fence height. There will be a significant visual impact from that of the original
residence. While circumstances indicate that additional security may be required for the occupants of the home to feel safe staff cannot endorse an increase in fence height to provide
this security. It is in staff’s opinion, the proposed fence / wall will be out of character with the home and street and detract from the aesthetic of the neighborhood and surrounding
properties with no absolute insurance of added security.
E. Staff Recommendation:
Staff recommends denial of the requested front yard fence height variance as per the staff analysis and as presented in the attached documentation