HomeMy WebLinkAboutBOA Action Letter - Minute Record 052124Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501)371-4790 Fax: (501)371-4546
Overdis McKenzie, Sr.
9 Hatfield Dr.
File No. Z-9915
Location: 9 Hatfield Dr.
Little Rock, AR 72209 Issue: Fence Height Variance
Date: May 20, 2024
Dear Mr. McKenzie, Sr.:
Planning
Development
Building Codes
This is to advise you that in connection with your application, File No. Z-9915_, the following action was
taken by the Board of Adjustment at its meeting on May 16, 2024 :
(a) Approved the application as filed.
(b) Approved the application with conditions.
(c) Denied the application.
(d) X Deferred the application to the June 20, 2024 meeting.
(e) Withdrew the application.
(f) See attached Board of Adjustment minute record for conditions.
(g) 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) 371-6817.
Sincerely
MAY 16, 2024
ITEM NO.: A. Z-991
File No.: Z-9915
Owner: Overdis and Peggy McKenzie Sr.
Applicant: Overdis McKenzie Sr.
Address: 9 Hatfield Drive
Legal Description: Lots 63, 64, and part of Lot 49, all in Chicot Terrace
Subdivision in the City of Little Rock, Pulaski County,
Arkansas
Current Zoning: 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 five (5) feet between
a required building setback line and a street
right -of- way.
Justification: The applicant's justification is presented in an attached
letter.
STAFF REPORT:
A. Planning and Development Civil Engineering Comments:
No comments required.
B. Landscape and Buffer Comments:
No comments.
C. Building Codes Comments:
No comments required.
D. Analysis:
The R-2 zoned property located at 9 Hatfield Drive is occupied by a single-family
residence. The survey indicates a triangular lot, with approximately 215 feet of
street frontage and a depth of 196 feet on the west and 260 feet on the southeast.
The owner is concerned for the safety of his property and pets due to past
experience of theft and vandalism.
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MAY 16, 2024
ITEM NO.: A. (CON'T.
Z-9915
The house is constructed within the building setback lines of the property with a 40-
foot utility easement along the southeast (rear) property line. The applicant is
proposing to construct a black chainlink fence with decorative wood posts and top
rail, five (5) feet in height. The posts are to be topped with solar -powered lights for
security purposes. The sketch provided indicates that the fence will essentially
enclose the yard area of the property.
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 fence to a height to five (5) feet between the building setback line and a
street right-of-way.
According to Section 36-516 (f) (7), The proposed fence columns must comply with
the following criteria: "(7) Support columns or support posts shall be permitted to
exceed the allowable fence or wall height by no more than two (2) feet, including
any ornamental features. Support columns or support posts shall have a maximum
width of two (2) feet. There shall be a minimum distance of seven (7) feet six (6)
inches between opposing faces of support columns or support posts which exceed
the allowable fence or wall height, other than at gates or corners".
Staff is supportive of the requested fence height variance. Staff views the request
as reasonable and the variance request to generally be in support of the owner's
safety and welfare.
E. Staff Recommendation:
Staff recommends approval of the requested fence height variance to allow a
chainlink and wood fence to be constructed to a height of five (5)-feet between the
required building setback and the street right-of-way as per the staff analysis and
submitted survey / site plan.
Board of Adjustment
(APRIL 18, 2024)
This item is being deferred to the May 16, 2024 agenda as the applicant failed to notify
surrounding property owners as required.
The item remained on the consent agenda for deferral. A motion was made and
seconded to defer the item to the May 16, 2024 agenda. The vote was 5 ayes, 0 nays
and 0 absent.
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MAY 16, 2024
ITEM NO.: A. (CON'T.
Z-9915
Board of Adjustment
(MAY 16, 2024)
Staff recommends that the application be deferred to the June 20, 2024, agenda, as the
applicant failed to send notices to surrounding property owners as required. There was
no further discussion. The item remained on the consent agenda for deferral. The vote
was 5 ayes, 0 nays and 0 absent.
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