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HomeMy WebLinkAboutZ-8581-A ApplicationArea Zoning Case: Z-8581-A N Location: 12 Powder Horn Court Ward: 5 PD: 19 0 100200 400 Feet CT: 42.19 TRS: T2N R13W30 Z-8581-A 12 POWDER HORN COURT VARIANCE ®r City of Little Rock -g0 00 g N i a � i n q Planning and Development Filing Fees Date Annexation $ Board of Adjustment $ �s �'�✓ Cond Use Permit/T U P $ Final Plat $ Planned Unit Dev $ Preliminaiy Plat $ _ F Special Use Permit $ Rezoning $ Site Plans $ Street Name Change $ Street Name Signs Number at ea $ Public Hearing Signs Number at L ea $ c� Total $ Y5, kV File No Location Applicant r/ �-►.-J By �- �- JUNE 25, 2012 ITEM NO.: 2 File No.: Z-8581-A Owner/Applicant: Denise J. Burrow Address: 12 Powderhorn Court Description: Lot 30, Pebble Beach Park Addition Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36- 516 to allow a fence which exceeds the maximum height allowed. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 12 Powderhorn Court is occupied by a two-story brick single family residence. There is a two -car wide driveway from Powderhorn Court, which serves as access to a two -car garage at the north end of the residence. The property slopes downward from Powderhorn Court from north to south and west to east. The lot contains a 25 foot platted building line along the north and west, street fronting, property lines. The front of the house faces west. On August 30, 2010 the Board of Adjustment approved front setback and building line variances for a covered, unenclosed porch on the front of the residence. The applicant completed the required replat of the building line, but to date, has not constructed the porch. The applicant is now before the Board regarding a newly constructed fence which encloses a portion of the rear yard area, as noted on the attached site plan. The east -west sections of the fence which extend from the house to the rear (east) property line are six (6) foot high wood fence sections. The fence section which runs along the rear (east) property line for approximately 88 feet is eight (8) feet in height. JUNE 25, 2012 ITEM NO.: 2 (CON'T. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of six (6) feet for fences in R-2 zoning. Therefore, the applicant is requesting a variance to allow the eight (8) foot high fence section along the rear (east) property line. Staff is supportive of the requested fence height variance. Staff views the request as a reasonable. The proposed eight (8) foot high fence section will not be out of character with the area. There are other fences of similar height throughout the neighborhood. With the downward slope of the property from north to south, the increased fence height will allow additional privacy between the subject residence and the residence to the east. Staff believes the eight (8) foot high fence along the rear property line will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested fence height variance, subject to a building permit being obtained for the fence construction. BOARD OF ADJUSTMENT: (June 25, 2012) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval, with conditions. The item was placed on the Consent Agenda and approved, as recommended by staff with a vote of 5 ayes, 0 nays and 0 absent. T44-,_ 4 z Denise J Burrow 12 Powderhorn Court Little Rock, AR 72212 May 21, 2012 Board of Adjustment Department of Planning and Development 723 West Markham Little Rock, AR 72201 Re: Variance Application Board Members, Please find attached my application and supporting documentation requesting an extension of a previously approved variance for the construction of a porch on the front on my home (part of the porch would fall within the twenty -fine foot building setback). am also requesting a new variance relating to a privacy fence that was constructed along the eastern boundary of the property. The extension of the original two year period for the porch is requested as I am finally nearing the point of construction, but am not certain that all of the permits will be pulled by the contractor before the August 30, 2012 expiration. I have been delayed with the demands of finishing my nursing degree and the selling my husband's former home. Copies of the Board's previous approval, a lot survey with reference drawing of the proposed porch drawn and the lot survey with the approved building setup changes are included. The new variance request relates to a notification dated May 14, 2012 informing me that part of the new privacy fence was in violation of Zoning Ordinance No. 36-516, e (1). The eastern and southern sections of this fence were constructed by Southwest Fence Company in late February of 2012. Each section was originally to be six feet tall to match the previously construction fence on the northern boundary. However, when the poles were set for the section across the back of the lot (eastern section), I noticed that my neighbor's first floor windows and backyard disarray were still visible from my first floor and deck. Mr. Jacks (Southwest Fence) was contacted to determine if there were options that would provide further privacy and eliminate the visual intrusion. He suggested making the fence in this section eight feet tall, with a gradual decline to six feet at each end. No mention was made of a city code regarding fence height or that a variance would be required. Based upon his suggestion and an assessment of the desired results, the decision was made to increase the height of the eastern fence to eight feet. May 21, 2012 Board of Adjustments Variance Application My desire was not to circumvent the City Zoning Ordinances or to try to get one by the City or its Boards, we were trying to gain some additional privacy in our backyard, as well as provide that same level of privacy to the one neighbor whose lot would be impacted by the height of this fence section. The process to apply for a variance began as soon as we received the violation notification and accordingly, I have included the lot survey with the fence drawn for reference, a copy of the fence construction invoice, a copy of the violation notification letter and several photos of the fence and properties. Also included is a copy of the neighborhood Area Zoning which shows the orientation of my house and the one to my east. I will now begin the process of contacting and notifying the appropriate neighbors and posting the required signage regarding my request. Thank you in advance for your consideration of my request and for recognizing my desire to comply with the City's Ordinances. Sincerely, Denise J Burrow Et City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Denise Burrow 12 Powderhom Court Little Rock, AR 72212 Date: June 28, 2012 Dear Ms. Burrow: Re: Case No. Z-8581-A Location: 12 Powderhorn Ct. Issue: Fence Variance Planning Zoning and Subdivision This is to advise you that in connection with your application case no. ZZ-8� the following action was taken by the Board of Adjustment at its meeting on June 25, 2012 . (a) (b) (c) (d) (e) (f) (9) Approved the application as filed. X Approved the application with conditions. Denied the application. Deferred the application to the _ Meeting. Withdrew the application. X 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 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 any questions, please call me at 371-4792. Sincerely, Monte'Moore, Zoning and Code Enforcement Administrator Department of Planning and Development MM/vh resvari.doc 03/01 /10 APPLICATION FOR ZONING VARIANCE ZONING CASE FILE NO. Z- BOARD OF ADJUSTMENT MEETING DATE DOCKET FOR: 6 �5 , 20_ ? AT Z PM. Application is hereby made to the Little Rock Board of Adjustment pursuant to Act 186 of 1957, Acts of Arkansas, as amended, and Chapter 36 of the Little Rock, Ark. Rev. Code (1988), as amended, requesting a zoning variance(s) on the following described property: ADDRESS: [ 1'Ot.a nest t�Gtr 1 L.t3 J r i : L I i i 7'. (General Location): LEGAL DESCRIPTION: Lo ;b r . n): {yr is Title to this property is vested in: Ufal1';r � r3uu-30 Subject property is currently zoned: District and variances as follows are requested: (1) The A&C-` provisions of Section 3' '-6- bf the Little Rock Code of rdinan S to permit: f ' -fin.-C�- � I `�`� �i't-. ■ .rYfr �"-rJ✓/Z✓ (2) The provisions of Section of the Little Rocked, of Ordinances to permit: (3) The provisions of Section of the Little Rock Code of Ordinances to permit: Present Use of Property: LKiP - v s C Proposed Use of Property: 4 Xi 'T{ (There are) (there are no) private restrictions pertaining to the proposed use/development of this property. The applicant feels that strict enforcement of these provisions would be a hardship and is requesting variance(s) in this case for the following reason(s): rlts 15 It is hereby agreed that the required filing fee will be paid immediately after filing and acceptance of this application, and that the notice to property owners as well as the posting of the sign furnished, will be accomplished as required. Applicant (owner or authorized agent): ll S`._+a 141, T 1 ` QMC U, S `y-0 ?e�" -r5 'I- Lt b - 1-n- (Address) (Telephone -Bus, and Home) BOARD OF ADJ USTME . A rov Z� , 2U-��y .2a Conditions of approval:1- Signature of Board Secretary or Authorized Agent FILING FEE: $ (Collectors Stamp Here) a44--s- 4 -2- Denise J Burrow 12 Powderhorn Court -z ASS Little Rock, AR 72212 (Z ja May 21, 2012 Board of Adjustment Department of Planning and Development 723 West Markham Little Rock, AR 72201 Re: Variance Application Board Members, Please find attached my application and supporting documentation requesting an extension of a previously approved variance for the construction of a porch on the front on my home (part of the porch would fall within the twenty -fine foot building setback). I am also requesting a new variance relating to a privacy fence that was constructed along the eastern boundary of the property. The extension of the original two year period for the porch is requested as I am finally nearing the point of construction, but am not certain that all of the permits will be pulled by the contractor before the August 30, 2012 expiration. I have been delayed with the demands of finishing my nursing degree and the selling my husband's former home. Copies of the Board's previous approval, a lot survey with reference drawing of the proposed porch drawn and the lot survey with the approved building setup changes are included. The new variance request relates to a notification dated May 14, 2012 informing me that part of the new privacy fence was in violation of Zoning Ordinance No. 36-516, e (1). The eastern and southern sections of this fence were constructed by Southwest Fence Company in late February of 2012. Each section was originally to be six feet tall to match the previously construction fence on the northern boundary. However, when the poles were set for the section across the back of the lot (eastern section), I noticed that my neighbor's first floor windows and backyard disarray were still visible from my first floor and deck. Mr. Jacks (Southwest Fence) was contacted to determine if there were options that would provide further privacy and eliminate the visual intrusion. He suggested making the fence in this section eight feet tall, with a gradual decline to six feet at each end. No mention was made of a city code regarding fence height or that a variance would be required. Based upon his suggestion and an assessment of the desired results, the decision was made to increase the height of the eastern fence to eight feet. May 21, 2012 Board of Adjustments Variance Application My desire was not to circumvent the City Zoning Ordinances or to try to get one by the City or its Boards, we were trying to gain some additional privacy in our backyard, as well as provide that same level of privacy to the one neighbor whose lot would be impacted by the height of this fence section. The process to apply for a variance began as soon as we received the violation notification and accordingly, I have included the lot survey with the fence drawn for reference, a copy of the fence construction invoice, a copy of the violation notification letter and several photos of the fence and properties. Also included is a copy of the neighborhood Area Zoning which shows the orientation of my house and the one to my east. I will now begin the process of contacting and notifying the appropriate neighbors and posting the required signage regarding my request. Thank you in advance for your consideration of my request and for recognizing my desire to comply with the City's Ordinances. Sincerely, �CJtJt.�7.G Denise J Burrow From: William S. Warren, Jr. 10 Powder Horn Ct. Little Rock, AR 72212 Telephone- 501-786-5100 To: Monty Moore Little Rock Planning Commission 723 West Markham St. Little Rock, AR 72201 June 22, 2012 RE: Variance refquest for 8 foot fence at 12 Powder Horn Ct., Little Rock, AR and the Variance Hearing on June 25, 2012. Dear Mr. Moore, I will not be able to attend the meeting regarding the above mentioned issue. I am writing to state that if this fence is allowed, then I will need to increase my fence to the same height to maintain continuity in the area. I would like this brought up at the meeting in my absence, as I will be working out of town that day. Thank you for your service, Sincerely, I�b Ice,, William S. Warren, Jr. 10 Powder Horn Ct., Owner Little Rock, AR 72212 City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 May 14, 2012 Occupant or Denise Burrow #12 Powderhorn Court Little Rock, AR 72212 Re: Fence in access of six (6) feet in height on property Dear Sir and Madam! Planning Zoning and Subdivision It has been brought to the attention of the Little Rock Zoning Office that a fence on your property is erected in a height of greater than six (6) feet. This is a violation of Zoning Ordinance No. 36-516, e (1). Compliance will require the fence to be reduced to six feet in height. This letter serves as a Seven -Day Courtesy Notice to contact our Zoning Office regarding this matter. You must bring this site into compliance or apply for a variance, if applicable with Monte Moore at 371-4792. If you have any questions regarding this matter, please contact me at 371-4410. Sincerely Alice Taylor Zoning Enforcement Officer AT:aa � �s .7s' ••. ► �. � •=-fir }� �'�.�� � E ����J%� �''� fit►'%•��j���� �e•a" � '�"K• ; �'r '•• r♦ � � ' � � is • _ 1 � i., A •M wmi q - fx T e+; �- • mil' - ' ' t a % ! � � :�:4 .ra + r � d •� ,•���• :-•' _tat ._•�/ ri ,t (�. �r� i. IA J. tj S .! ; # in 3 rl l • �'� 1 .!' , 1. �•, .. .. • i�.�l���� � r 5d�� • .Y_ -.. r- ' _ . ? ! � -ter.- _ v ,�� ' Y �-+• • BLS ;,fJ' �• •�Y. �' •h nip.° •'� ..{•_.•+� i � i.{.ii r+•°_^ � � _ ..,��..'s'ry;• � { •31; • r*c� r�f .i'i {. - `• �, ��. ti ���• r,.� ' { J ?yy�}, Wit" �r� � - w it . y N �•''ti .•�' Y� ;,- ���r-r a, i7� '.? .f«-r="�. .fi t i:.. _ _ '. i' • ! M,Z �`.r>.G'+. Tf _ ,„t.. • " - ''� �,�i" ♦ Y�, • •.Y Y' �._♦ [fit' - pp .46 ti;. 0 SOUTHWEST FENCE COMPANY P. 0. BOX 190444 LITTLE ROCK, ARKANSAS 72219 (501) 568-25574 Fax { 568-5022 TO TERMS DATE �` JOB NO. JOB NAME JOB LOCATION > DESCRIPTION AMOUNT I ! ! I t I I I r ! r ... � 1 t i r F l THANK YOU Area Zoning i- r 71 J II Case: Z-8581 Location: 12 Powderhorn Court 0 100200 400 Feet PD: 19 CT: 42.10 TRS: T2NR13W30 resvari.doe 03/01/10 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK BOARD OF ADJUSTMENT ON AN APPLICATION FOR A ZONING VARIANCE To all owners of lands lying within 200 feet of the boundary of property at: Address: t RQ 14 � d4& k, o f I. General Location: [� Owned By: `?-,y4-K i i;� lei-ukej P-P--CJ'ge-,'] NOTICE IS HEREBY GIVEN THAT an application for zoning variance(s) on the above property has been filed with the Department of Planning and Development, 723 West Markham, requesting variance(s) from: (I) The le� provisions of Section 3(a -1 Lof the Little Rork Code of ina}�ces to pennit: J 1 H -f�.�_-z� . _.-.t"!�C.es„�S (2) The of Ordinances to permit: provisions of Section of the Little Rock Code A public hearing on said application will be held by the Little Rock Board of Adjustment in the Little Rock Boo d o Directors Chamber, 2nd Floor, City Hall, 500 W. Markham, Little Rock, Arkansas, on, 20-1-ZG at ' s P. M. All parties in interest may appear and be heard at said time and place or may notify the Board of Adjustment of their views on this matter by letter. All persons interested in this request are invited to call or visit the Department of Planning and Development, 723 West Markham, lst Floor to review the application and discuss same with the Zoning Administrator at 371-4790. The signing of this'form shall not be considered as approval or disapproval of the request set out above. A signature indicates for the record that you have been advised of the requested action and have read the notice. O ers a Address Additional signatures may be placed on reverse side. AFFIDAVIT Date/Time 1 hereby certify that I have notified all of the property owners of record within 200 feet of the above property, that subject property is being considered for zoning variance(s), and that a public hearing will be held by the Little Rock Board of Adjustment at the time and place described above. 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Privacy Policy I Terms of Use Log In Premier Public Search Sponsored By: Pulaski Cau niV ASSe55Dr'S Off,C4 Location Acres HICKORY RIDGE ADD Lot: 1 Block: 5 0.00 http://www.arcountydata.com/results.asp 6/14/2012 Er Er Ln Lnl • .n .A _- OFF I C I AL CLJ -u ~ m m postage $ r O Certlfled Fee O O O M Relum Reclept Fee O 3 (Eadorsement Required) O 0 Restricted Delivery Fee _a �p (Endorsement Required) rU M rU fU Total Postage & Fees S E Postmark Here m m serre To i� o o {. N N �Yre —A; f or PO Box No. 1514 - .._.....-............... t . T'�r. s:............. —............... Crty, State. ZfPt4 L.t A,, vi- t�L 2002PS Form 3800, June