HomeMy WebLinkAboutZ-6727 Staff AnalysisAugust 30, 1999
Item No.: 6
File No.
Owner:
Address•
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Proper
Staff Report:
A. Public Works Issues:
Z-6727
Quapaw Tower
700 East 9th Street
Long legal
HDR
A variance is requested from the
fence height provisions of Section
36-516 to permit construction of a
7 foot tall wrought iron fence.
The applicant's justification is
presented in an attached letter.
Residential condominiums
Residential condominiums
1. A 20 feet radial dedication of right-of-way is required
at the corner of 9th and Ferry Streets.
2. Rededicate 30 feet from centerline for Ferry Street
right-of-way.
3. Repair or replace any curb and gutter or sidewalk that is
damaged in the public right-of-way prior to occupancy.
4. Obtain permits for improvements within State Highway
right-of-way from AHTD, District VI.
5. Remove all unused aprons and reestablish curb and gutter.
B. Staff Analysis:
The HDR zoned property located at 700 East 9th Street is
occupied by Quapaw Tower, a 13 story condominium
development. The owner's association proposes to construct
August 30, 1999
Item No.: 6 (Cont.)
a 7 foot tall, wrought iron fence around the perimeter of
the site's parking lot. Fences in residential districts are
limited to 6 feet in height and fences erected within
required setbacks adjacent to streets are limited to 4 feet
in height.
The applicant states that the fence is needed for security
purposes. Several automobiles parked at the site have been
vandalized or stolen, an increasing number of vagrants have
come onto the property and accosted residents and there has
been an increased amount of traffic using the parking lot as
a "cut -through." Quapaw Tower employs a security officer
who works nights only, not weekends or days.
Staff is supportive of the requested fence height variance.
This important downtown residential development is located
at the intersection of East 9t' Street and Interstate 30, a
very high traffic area. The site forms a buffer between the
intense freeway frontage and the residential area extending
to the west. The property is located near a hotel and two
convenience stories/gas stations. Permitting the increased
fence height should not impact any nearby properties. The
applicant has not proposed to place gates on the 9th Street
or frontage road entrances. The applicant is aware that
these entrances cannot be gated until the design is approved
by the City to accommodate stacking space for vehicles
entering the site from these streets. The Ferry Street
entrance will be gated. The fence on that side is located
within the parking lot and adequate stacking space is
provided. The applicant feels that the presence of a fence
along the East 9t' Street and frontage road perimeters, even
without gates, will discourage unauthorized entry onto the
site. The proposed, black, wrought iron fence will not be
out of character with the neighborhood. The "open" nature
of a wrought iron fence will not create an enclosed
"fortress -like" atmosphere.
C. Staff Recommendation:
Staff recommends approval of the requested fence height
variance subject to compliance with the following
conditions:
1. The fence is to be wrought iron.
2. No gates are to be installed on the East 9t' Street or
frontage road perimeters until the design of those gates
E
August 30, 1999
Item No.: 6 (Cont.
is approved by the City to accommodate stacking space for
vehicles accessing the site from those streets.
3.Compliance with Public Works Comments including any
variance of those requirements as may be granted by the
Board of Directors.
BOARD OF ADJUSTMENT:
(AUGUST 30, 1999)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval subject
to compliance with the 3 conditions outlined in Section "C"
above.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as
recommended by staff. The vote was 4 ayes, 0 noes and 1 absent.
3
WRIGHT & BONDS
ATTORNEYS AT LAW
EDWARD L. WRIGHT
BARBARA P. BONDS
July 23, 1999
Department of Planning & Development
723 West Markham
Little Rock, Arkansas 72201
Attention: Mr. Dana Carney
Re: Quapaw Tower Horizontal
700 East 9th Street
Little Rock, Arkansas
Dear Mr. Carney:
CENTRE PLACE, SUITE 900
212 CENTER STREET
LITTLE ROCK, AR 72201
(501) 376-2500 FAx (501) 376-7826
HAND DELIVERED
Property Regime
I represent the Owners' Association of Quapaw Tower
Horizontal Property Regime, which is located at 700 East 9th
Street in Little Rock, Arkansas. The Owners' Association
proposes to construct a privacy fence around the perimeter
of the property which is included in Quapaw Tower Horizontal
Property Regime. The owners of condominiums in Quapaw Tower
Horizontal Property Regime voted to approve the construction
of a privacy fence to improve security at the property.
Several automobiles parked at the property have been stolen,
and several others have been vandalized in recent months.
In addition, there have been an increasing number of
vagrants coming onto the property and accosting property
owners. There has also been an increased amount of traffic
from properties adjacent and behind Quapaw Tower across its
parking lot. Although Quapaw Tower employs a security
officer, he is unable to patrol the entire area and prevent
unauthorized persons from coming onto or crossing the
property.
A variance from the fence height requirements of the
Zoning Ordinance of the City of Little Rock is required in
order to permit construction of a seven foot fence around
the perimeter of the property. The Zoning Ordinance would
limit the height of the privacy fence, due to its proximity
to adjacent roadways. A seven foot fence is required to
provide adequate security for the property and prevent the
types of problems which have occurred in the past from
recurring; if the height of the fence is limited due to the
fence height requirements, it will not be effective to serve
the purposes for which it is constructed.
Accordingly, Quapaw Tower Owners' Association hereby
requests that the variance permitting it to construct a