HomeMy WebLinkAboutZ-6225 Staff AnalysisNovember 25, 1996,
Item No.: 7
File No.
Owner:
Address:
Descries:
Zoned:
Variance Recruested:
Justification:
Present Use of Property:
Proposed Use of Property:
Staff Report:
A. Public Warks Comments:
No issues
B. Staff Analysis:
Z-6225
Fairel Pierce
7105 Fourche Dam Pike
Part of the NW 1/4, NW 1/4, NE 1/4,
Section 16, T -1-N, R -11-W, Little
Rock
R-2
A variance is requested from the
commercial vehicle parking
(prohibited) provisions of Sections
36-512(b)(1) and 36-512(b)(4) to
permit storing a trailer whose
designed intent is storage or
transport of material or equipment
on residential property.
The applicant states he uses the
trailer to haul things on and off
of his property for farming
operations and has done so for the
.r 2Q +.n o +^r. we thi R a
pre-existing (nonconforming) use.
Single Family
Single Family
This issue is before the Board as a result of action by the
Codes Enforcement Staff. In response to a complaint, a
codes officer inspected the R-2 zoned property at 7105
Fourche Dam Pike on June 20, 1996. The officer observed a
60± foot long, flat-bed trailer parked on the site with 3
vehicles on it. A notice was issued to Mr. Pierce for
violating Section 36-512 of the Code. On August 29, 1996, a
citation was issued to Mr. Pierce requiring his appearance
in Municipal Court. On October 9, 1996, Mr. Pierce was
November 25, 1996„
Item No.: 7 (Cont.
found guilty of parking a commercial vehicle in a
residential area and was fined. Judge Stewart deferred
payment of the fine to allow Mr. Pierce an opportunity to
file a variance application with the Board of Adjustment.
Section 36-512(b) states for the purposes of this section,
the following types of vehicles are expressly prohibited at
any time: (on any lot zoned for residential uses)." The
section goes on to specifically list all commercial tow
vehicles or vehicle carriers and trailers whose designed
intent is storage or transport of material or equipment.
Although Mr. Pierce lives at 7105 Fourche Dam Pike, he has
farming operations outside of the City. He does bring his
equipment to this site and states that he has for the past
20 years. A site inspection did reveal other farm equipment
and trailers on the site.
The property is located in an area of mixed zoning and uses
although the primary use in the area is single family
residential.
Staff believes it is reasonable to allow Mr. Pierce to use
the trailer in relationship to his farming operations but
wants it made very clear that the trailer is not to be used
for any other commercial business purposes (such as hauling
vehicles).
Consequently, staff would not support a variance from
Section 36-512(b)(1) to allow a vehicle transport trailer.
Staff can support a variance from Section 36-512(b)(4) to
allow Mr. Pierce to park the trailer on the property in
relationship to his farming operations.
C. staff Recommendation:
Staff recommends denial of the variance from the provisions
of Section 36-512(b)(1) to allow a commercial tow vehicle or
vehicle carrier.
Staff does recommend approval of a variance from the
provisions of Section 36-512(b)(4) to allow Mr. Pierce to
park this trailer on the R-2 zoned property at 7105 Fourche
Dam Pike in relationship his farming operations subject to
the following condition:
1. The trailer is to only be used by Mr. Fairel Pierce for
farming operations and is not to be used for any other
commercial purpose.
E
November 25, 1996
Item No.: 7 (Cont.
BOARD OF ADJUSTMENT:
(NOVEMBER 25, 1996)
James Swindoll and Fairel Pierce were present representing the
application. There was one objector present. Staff presented
the item and recommended that Mr. Pierce be allowed to keep the
trailer to be used only for farming operations.
Mr. Swindoll addressed the Board and stated that his client
understood and accepted staff's recommendation. He stated that
the trailer was 35 feet long and would only be used for farming
operations. Mr. Swindoll acknowledged that the trailer had been
used for transporting vehicles. He assured the Board that the
trailer would never again be used for that purpose.
Charles Brown, attorney for neighborhood resident Helen Pate,
addressed the Board. He stated that there had been ongoing
problems between Mrs. Pate and Mr. Pierce. Mr. Brown stated that
Mr. Pierce had previously operated businesses illegally at 7105
Fourche Dam Pike. Mr. Brown conjectured that Mr. Pierce violates
the code at times the code enforcement officers are not
available, evenings and weekends. Mr. Brown stated that the
City's code enforcement staff had documented the presence of
three wrecked vehicles on the trailer while it was at Mr.
Pierce's home. Mr. Brown concluded by stating that there was no
reason why the trailer could not be stored on the off -premises
farm and not at Mr. Pierce's home.
Kenny Scott, Chief of Zoning Enforcement, addressed the Board.
He stated that his staff had responded numerous times to
complaints filed by Ms. Pate regarding various issues relating to
Mr. Pierce. Mr. Scott stated that his staff had substantiated
that Mr. Pierce had several vehicles on the trailer on one
occasion. Mr. Scott stated that many of Ms. Pate's allegations
concerning Mr. Pierce were unsubstantiated.
The Chairperson called for a vote on the issue of allowing Mr.
Pierce to keep the trailer on his property at 7105 Fourche Dam
Pike subject to the trailer only being used by Mr. Fairel Pierce
for farming operations and not being used for any other
commercial purpose. The variance was approved by a vote of
5 ayes, 2 noes, 1 absent and 1 open position.
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