This application comes before the Board of Zoning ...Sep 22, 2020 · 3002-3008 N. MIDLAND SEPTEMBER 29TH, 2020 This application comes before the Board of Zoning Adjustment RECOMMENDATION

VARIANCE AGENDA ITEM #1 3002-3008 N. MIDLAND SEPTEMBER 29TH, 2020

This application comes before the Board of Zoning Adjustment

RECOMMENDATION

TO THE

PINE BLUFF BOARD OF ZONING ADJUSTMENT

SUBJECT: Variance request to install a fence within the front yard setback at 3002-3008 N. Midland Drive.

APPLICANT: Mack Milner (Security Mini-storage Inc.)

ZONING AND LAND USES: I-1, Light Industrial

ZONING: North: I-1, Light Industrial LAND North: Warehouse Use South: I-1, Light Industrial USE: South: Vehicle Repair East: I-1, Light Industrial East: Vehicle Repair West: I-1, Light Industrial West: Warehouse Use

REVIEW COMMENTS

Applicant request approval to place a fence at locations along the front property

line as indicated on the attached drawing. City ordinance on fences sets out

standards for fence placement in all zones including industrial. That section states : 1. In order to maintain clear vision lanes for vehicles and pedestrians, no opaque faces shall be permitted

within ten (10) feet, in any direction, of the following points:

(i) At the intersection of a driveway and sidewalk (or front property line if there is no sidewalk).

(ii) At the intersection of a driveway and public right-of-way.

(iii) At the intersection of any two driveways.

2. All fences and walls shall comply with paragraph (b) of this section (visibility triangle).

3. No fence or wall shall be located within one (1) foot of a sidewalk.

Based on what staff can ascertain from the drawing submitted, the request is to

install a fence along the north property line at the east and west property line with

the remaining portion in the middle open for vehicular traffic to the building and

gates which exist. That being the case, it appears that the request would meet code

with the Board’s approval.

RECOMMENDATION

Staff recommends approval subject to the fence standards noted above.


3002-3008 N. Midland

3002-3008 N. Midland


VARIANCE AGENDA ITEM #2 4101 W. BARRAQUE

SEPTEMBER 29TH, 2020


RECOMMENDATION

TO THE


SUBJECT: Variance request to use a metal storage container as storage at 4101 W. Barraque.

APPLICANT: Chetan Patel ZONING AND LAND USES: B-3, Highway Commercial

ZONING: North: B-3, Highway Comm. LAND North: Martha Mitchell Exp. South: I-3, General Industrial USE: South: Child Learning Ctr. / Tyson shop East: B-3, Highway Comm. East: Restaurant - Vacant West: B-3, Highway Comm. West: Vacant

REVIEW COMMENTS

Applicant requests a variance from the restrictions of the ordinance limiting the use

of metal containers as accessory buildings. In the ordinance it states the following:

Semi-truck trailers, railroad cars, tents, yurts, canopies, portable storage containers, mobile

homes, manufactured housing, portable offices, or recreation vehicles and campers, whether

or not on a chassis, are not permitted as accessory buildings; except that railroad cars may be

permitted as accessory buildings in commercial or industrial areas with an approved

variance by the board of zoning adjustment.

The definition of a variance is attached to the end of this recommendation. The

beginning of the variance section reads, “ a relaxation of the terms of this chapter

where such variance will not be contrary to the public interest and where,

owing to conditions peculiar to the property and not the result of the actions

of the application, a literal enforcement of the ordinance would result in

unnecessary and undue hardship.

Planning staff believes there is a conflict in the ordinance. In the definition

section as underlined and italicized above it mentions the variance application

allowance; however, in the Variance requirements section of the code it limits

variance requests to height, area, size of structures, size of yards and open spaces.

In staff’s opinion this application does not meet any of the five criteria for

granting a variance.



Historically, staff has been opposed to the location of metal containers (box cars

and truck trailers) in commercial zones and as a matter of fact the commission

has upheld staff recommendation on at least 2 other requests in commercial areas

due to visibility, appearance and impact on the surrounding properties.

RECOMMENDATION

Planning staff does not recommend granting of this variance.

4001 W. Barraque Variance request



View from Martha Mitchell where container will be placed.

4001 W. Barraque Variance request

Approx. Container location



Expanded view from Martha Mitchel where container will be placed.

VARIANCE AGENDA ITEM #3 721 S. WALNUT



RECOMMENDATION

TO THE


SUBJECT: Variance request to build and occupy a new commercial building prior to development of the parking lot at 721 S. Walnut.

APPLICANT: Patricia Hargrove ZONING AND LAND USES: B-4, General Commercial

ZONING: North: B-4, General Commercial LAND North: Church garden / Vacant South: B-4, General Commercial USE: South: Day Care / Residence East: B-4, General Commercial East: Commercial West: B-1, Neighborhood Bus. West: Residences

REVIEW COMMENTS

This request is to allow Southeast Arkansas Economic Development District

permission to delay installation of permanent hard surfaced parking and allow

occupancy of a newly constructed building prior to that parking being provided.

City codes require that a Certificate of Occupancy be obtained from the city

indicating all codes (including parking) have been met. In most new construction

situations, there is no displacement of staff as in this situation. However, while the

old building is being demolished and parking installed, operations will continue at

the same site.

Planning staff questions whether this qualifies as a variance request under the

code; however, it was also unable to find any relief for the situation. The applicant

will be out of compliance with the parking temporarily only. Allowing occupancy

of the building prior to this installation brings up one question – after the building

is occupied and the permanent parking is in the process of being completed, where

will staff park?

RECOMMENDATION

Staff will recommend approval of the request but suggests the applicant provide for staff parking

during parking lot construction.



B-4 721 S. Walnut

721 S. Walnut



Case No. fJi00{f /f /f CITY OF PINE BLUFF, ARKANSAS

Board of Zoning Adjustment Variance Application / Petition

Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Board of Zoning Adjustment agenda until this information is provided.

Address/Location of Property: 721 S. Walnut. Pine Bluff, AR (lots along 8th St, between Walnut & Chestnut

Legal Description: FENN lERY'S ADD IT I01'LOT S4-6 ofLOT6 and PT BLOCK 5

Size of Property (acres): 1.14 acres Current Zoning: B-4 Ward:.....,1'--_

Variance Requested: A Certificate of Occupancy be issued for a newly constructed building which will have temporary parking at the time new building is ready for move-in.

Reason for Request: Permanent parking for new building will be constructed on the location of the existing building after it is demolished (and after occupants are able to move into the new building)

Applicant / Agent

Name: Patrecia Hargrove

Address: 721 S. Walnut

Pine Bluff. AR 71611

Telephone: (870) 536-1971

Email: [email protected]

Fax: .,_,n/'"""a,.._ _________ _

Property Owner (Must be filled out if different) Naine: Southeast Arkansas Economic

Development D strict (SEAEDD)

Address: same

Telephone: same

Email: same

Fax: same

Additional information/comments: The new building is to be constructed on the location of the current parking lot so it can be set back from the corner intersection of 8th & Walnut. The new parking lot is to be constructed on the site of the current buildin which will be demolished after the new build in is read .

Date

PROPERTY OWNER(S) I AUTHORIZED AGENT CERTTFICATIO NI (We), the undersigned, hereby certify under penalty of perjury that I (we) are the owner(s) of the property that is the subject of this application and I (we) have read this application and consent to its filing. (If signed by the authorized agent, a letter from each property owner must be p

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-----------------s � r Date Signature Date

Printed Name / ____ or Authorized Agent ___ _ Owner ___ or Authorized Agent ____ _ (check one) (check one)

Submission Deadline: 8/31/2020 Expected Planning Commission Meeting Date: 9/29/2020

• SEE REVERSE SIDE FOR SUBMISSION REOUIREMENTS •

It is our intention to assist you in making your project a success in a timely manner. Please call if you have any questions or need assistance from the City of Pine Bluff Inspection & Zoning Department, 200 E. 8'" Avenue, Pine Bluff, AR 71611 telephone: (870) 730-2020 fax: (870) 730-2170.

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Documents

This application comes before the Board of Zoning ...Sep 22, 2020 · 3002-3008 N. MIDLAND SEPTEMBER 29TH, 2020 This application comes before the Board of Zoning Adjustment RECOMMENDATION