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boa_03 27 2006
LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES MARCH 27, 2006 011112 LVA Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. II. Approval of the Minutes of the Previous Meeting The Minutes of the February 27, 2006 meeting were approved as mailed by unanimous vote. III. Members Present: Andrew Francis, Chairman Terry Burruss, Vice Chairman Fletcher Hanson David Wilbourn Members Absent: Debra Harris City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA MARCH 27, 2006 2:00 P.M. OLD BUSINESS: ITEM NO.: FILE NO.: LOCATION: A. Z-8002 1600 North Taylor Street II. NEW BUSINESS: ITEM NO.: FILE NO.: LOCATION: 1. Z -2668-A 209 N. Pierce Street 2. Z -5936-E Northwest Corner of Chenal Parkway and Rahling Road 3. Z -7905-A 2809 Kavanaugh Blvd. 4. Z-8010 5 Eagle Talon Cove 5. Z-8011 2901 Woodsgate Drive 6. Z-8012 4 Broadview Drive 7. Z-8013 18 Riding Road 8. Z-8014 100 Main Street 9. Z-8015 917 West 7t" Street 10. Z-8016 4015 West Markham Street 11. Z-8017 10701 Shepard Drive/14809 and 14721 Cecil Drive 12. Z-8018 32 Glasgow Court (D 0 C N • — 1lnVOIH1 3HId 8311 A I ` CCS N d�0 A o rr /� ♦ W CID � n — U NVWa3s Q � eo�o �n C �� NIVW AVMOVONg HOaV NJINO O Y S3HO _ ONIN IN 83H360 F �M08000M 3HId 3 !S CO e — 3NId a aV O NO11IWV 11005 h'Jyy I\\ s S,ON yas Na d a1V3 J'{�j Oj�yi J ((^^ A 3nINn O U(SN3AINn �' SONIadS 83A30 .--� S3HOnH F IddISS SM 5 lOJIM HIOn83S38 MOaaVB NHOf 3 W y �4 /i VQ 3NN13H Oa0331NOVHS ON 31 0V SIa8vS WtlHaVd A3NOOa NVY 00 s � o _ T y S11WI1 A11) //Jy 300I8 AWIn OJ3Jb1So p �' OPg1 E v J V J � o — 4 VP a � Nvnnlns lavM3ls tisyb`v y� o S11WIl Allo o V s ljO100 CIO0 3lVONa33 CD MARCH 27, 2006 ITEM NO.: A File No.: Z-8002 Owner: Anderson Ross Cranford Address: 1600 N. Taylor Street Description: Lot B, Block 28, Mountain Park Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a new home with a reduced front setback and which crosses a platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: 1. Proposed construction cannot encroach into the platted easement. B. Staff Analysis: The R-2 zoned property at 1600 N. Taylor Street is currently undeveloped. The property slopes downward from front to back (east to west). There is a 20 foot wide utility easement running diagonally through the rear portion of the property and a 7.5 foot wide easement along the south property line. There is a 25 foot front platted building line along Taylor Street. The applicant proposes to construct a new two-story single family residence, as noted on the attached site plan. The residence will have deck structures on its south and west sides. The front of the residence will be located on the 25 foot building line, with a 6 foot by 16 foot covered porch extending across the building line. An elevated drive and parking area will be located between the front building line and the street. The elevated parking area will have MARCH 27, 2006 ITEM NO.: A (CON'T.) retaining walls along its north, south and west sides. It will be level with the elevation of Taylor Street. The back corners of the retaining walls will be approximately 10 to 12 feet above grade. The applicant is also proposing a 24 foot by 24 foot attached carport to cover the south portion of the elevated parking area. The carport will be unenclosed with the exception of a three (3) foot tall extension of the retaining walls on its south and west sides. The carport structure will be located one (1) foot back from the front property line and 9.5 feet from the south side property line. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for principal structures in R-2 zoning. Section 31-12(c) of the Subdivision Ordinance requires variances for encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances to allow the porch, carport and elevated parking structures with a reduced front setback and to cross the front platted building line. Staff does not support the requested variances. Staff feels the requested carport structure extending to within one (1) foot of the front property line is not reasonable. Staff's inspection of the area revealed no similar front encroachments along either side of N. Taylor Street, south of Cantrell Road. Staff believes this carport structure will be out of character with the neighborhood. Staff could however support the variances associated with the elevated parking area and covered porch (unenclosed), if the applicant were willing to amend the application and eliminate the proposed carport structure. The porch encroachment is relatively minor, and the parking structure will be located at street level. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the porch, carport and elevated parking structures. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends denial of the variances associated with the new residential construction, as filed. BOARD OF ADJUSTMENT: (FEBRUARY 27, 2006) Staff informed the Board that the applicant requested the application be deferred to the March 27, 2006 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the March 27, 2006 Agenda by a vote of 4 ayes, 0 nays and 1 absent. 2 MARCH 27, 2006 ITEM NO.: A (CON'T.) Staff Update: The applicant has obtained a new corrected survey of the property. The new survey notes the corrected front platted building line at 15 feet. The applicant has also submitted a new site plan for the property which is attached for Board review. The new site plan locates the proposed residence behind the front building line with an elevated parking area between the building and Taylor Street. There will be a one -car carport on the north side of the home which will be set back three (3) feet (corner relationship) from the north side property line. The remainder of the home is set back 7 to 8.7 feet from the side property lines. The applicant notes that the building height will be approximately 30 feet, as measured from the lowest finished floor to the flat roof. There will be a small structure on top of the flat roof to allow access to the roof for maintenance and is not calculated into the building height. There will be retaining walls constructed on the north and south ends of the elevated parking area between the front of the house and Taylor Street. The wall nearest the north property line will have a maximum height of approximately 13 feet. The southernmost wall will have a maximum height of approximately 16 feet. A portion of the southern wall and parking pad will be located across the front property line and in the Taylor Street right-of-way. Public Works has reviewed this issue and notes no objection to the encroachment, based on the fact that Taylor Street will not extend any further south than its current location. Public Works notes that a franchise permit (John Barr 371-4646) must be obtained for the encroachment. The revised site plan requires two (2) variances. The first is from the area provisions of Section 36-254(d)(2). This section requires a minimum side setback of 6.8 feet for this R-2 zoned lot. The corner of the carport on the north side of the house is located three (3) feet back from the north side property line. The rest of the residence will be located at least seven (7) feet back from the side property lines. The second variance is from the fence/wall provisions of Section 36-516(e)(1)a. This section allows a maximum fence/wall height of four (4) feet for fences/walls located between a building setback line and a street right-of-way and six (6) feet for fences elsewhere on the property. As noted previously, the north retaining wall will have a maximum height of approximately 13 feet, with the southern wall having a maximum height of approximately 16 feet. These measurements include a three (3) foot high wall section which will extend above the parking pad (safety wall). The revised survey shows an existing six-inch sewer line near the center of the property, under a portion of the proposed house. The line is not located within an easement. Therefore, the applicant will have to work out this issue with Little Rock Wastewater Utility to either relocate the line or cap it and construct over it. Staff is supportive of the revised plan and associated variances. Staff believes the revised plan is a much better design for the lot, given the excessive amount of slope downward from Taylor Street. The revised plan eliminates the encroachment across the front platted MARCH 27, 2006 ITEM NO.: A (CON'T.) building line. This was staff's only concern with the original site plan. Staff feels the reduced north side setback is reasonable based on the fact that it is only a corner of the structure which extends toward the north property line. With relation to the wall height variance, the severe downward slope within the east half of this lot will require similar wall construction with any development plan. Staff believes the revised plan will have no adverse impact on the adjacent properties or the general area. Revised Staff Recommendation: Staff recommends approval of the variances associated with the revised site plan, subject to the following conditions: 1. A franchise permit must be obtained from Public Works for the retaining wall and parking pad sections located in the Taylor Street right-of-way. 2. The carport must remain unenclosed on the north, south and east side. 3. The sewer line issue must be resolved with written approval from Little Rock Wastewater Utility prior to a building permit being issued. BOARD OF ADJUSTMENT: (MARCH 27, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. 0 March 8, 2006 Mr. Monte Moore City of Little Rock Planning & Development 723 West Markham Street Little Rock, AR 72201-1334 RE: 1600 N. Taylor Street, Lot B, Block 28, Mountain Park Addition Dear Monte: On behalf of our client, A. Ross Cranford, we have deferred the application from the February 27, 2006, meeting due to a conflicting east building line dimension from the property line from two different surveys and an existing 6" concrete sewer line noted on one survey but not the other. We researched Plat Book 8, page 21 from the Pulaski County Courthouse and have enclosed a copy documenting the east building line (N. Taylor Street) as 15'-0"from the property line. We have also submitted six copies of a recent topographic survey by Global Surveying Consultants, Inc. showing the 15'-0" east building line, an existing 6" concrete sewer line and 1'-0" contours. After receiving the survey, we met at the site with Paxton Singleton with Global Surveying Consultants, Inc., James Boyd and James Ponder with Public Works to discuss the existing 6" concrete sewer line and documentation from the Public Works department. We discussed abandoning the existing 6"concrete sewer line by capping the line. James Boyd stated that the City would seal the manhole at the base. Therefore, we will be able to remove the 6"concrete sewer line. The topographic survey from Global Surveying Consultants, Inc. shows existing 1'-0" contours. We have positioned the new single-family residence parallel with the existing contours. We propose a retaining wall approximately 3'-0"high from street level and a parking area located at street level. Due to the existing slope of the land, we propose a one - car carport located behind the 15'-0" east building line (Taylor Street) from the property line. Due to the proposed location of the carport, we request a variance for the north (side) property line. We acknowledge the staff report stated that a carport structure is out of character with the neighborhood. However, the remaining houses on this block do not have the same slope on their property. The houses located across the street have alley access and are able to park their cars in garages or carports to the east of the single-family house. The houses to the H E R R 0 N H 0 R T €2 N 300 S. Spring St. Ste. 720 Little Rock, AR 72201 hharch@e-architect.com tel.501-975-0052 fax.501-978-0078 ARCHITECTS north of 1600 N. Taylor do not have the same slope of land and either have a carport to the north of the main residence, a gravel drive or park on the street. We researched the houses along Edgewood Road which also back up to the dense, sloped valley that is shared with 1600 N. Taylor. A majority of these houses have carports or parking spaces in the front of the main residence due to the slope of the land. We have attached photographs of these examples. Not all of the houses along Edgewood Road have carports or parking in front of the main residence because not all of them back up to the valley. We request the staff reconsider the idea of a carport due to the existing slope and limited area to build. We do not believe a carport is out of character with the neighborhood. There are several examples of carports located at the front of the main single-family residence on Edgewood Road that share this same situation. We consider Edgewood Road in the same neighborhood since it is one street over to the east. If there are any questions, please do not hesitate to contact either Jeff Horton or myself at 975-0052. Sincerely, Jennifer Herron, AIA cc: A. Ross Cranford file MARCH 27, 2006 ITEM NO.: 1 File No.: Z -2668-A Owner: Ron Miller Applicant: White-Daters and Associates Address: 209 N. Pierce Street Description: Lot 21, Strong and Waters Addition Zoned: O-3 Variance Requested: Variances are requested from the development provisions of the Midtown Overlay District standards of Section 36-385 through 36-396 to allow construction of a new office building. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Office Proposed Use of Property: Office STAFF REPORT A. Public Works Issues: A 5 foot wide sidewalk is required along the property frontage. B. Landscape and Buffer Issues: Site plan must comply with the City's minimal landscape.and buffer ordinance requirements. A minimum six foot and nine inch (6'-9") perimeter landscaping strip is required along the northern, southern and western perimeters of the site. This area is to be located out of the public right-of-way. This is a requirement of both the landscape ordinance and the buffer ordinance. A variance from this requirement will require approval from the City Beautiful Commission. MARCH 27, 2006 ITEM NO.: 1 (CON'T.) It appears the parking lot maneuvering area can be reduced; thus allowing for more green space along the perimeters of the property. A water source within seventy-five feet is required for all new landscaped areas. C. Staff Analysis: The 0-3 zoned property at 209 N. Pierce Street is occupied by a one-story brick and frame structure which is being used as an office. There is a one -car wide driveway from Pierce Street leading to a small parking area on the east side or rear of the building. The property is located with the Midtown Overlay District as established by the Board of Directors on December 2, 2003. The Midtown Overlay District provides specific design requirements for new development or redevelopment within the district boundaries. The applicant proposes to remove the existing structure from the property and construct a new 3,200 square foot (2 story) office building on the property, as noted on the attached site plan. The proposed building will be located approximately 94 feet back from the front (west) property line. A driveway at the northwest corner of the property is proposed to serve a small parking area (8 spaces) located between the proposed building and Pierce Street. The applicant is requesting several variances from the Midtown Overlay District design standards. The requested variances are as follows: • Section 36-389( c) of the City's Zoning Ordinance (Midtown DOD) allows no more than one (1) curb cut per block face. The proposed new driveway will be one (1) of several curb cuts along this block face from W. Markham Street to "B" Street. • Section 36-390( c) requires that all surface parking be located to the side and rear of buildings. As noted previously, the applicant is proposing an 8 -space parking lot between the proposed building and Pierce Street. • Section 36-392(a) requires that at least 60 percent of a building's ground floor front facade be glass windows. The applicant has not provided building design information to staff, as of this writing. • Section 36-392(b) requires that front setbacks on streets other than arterial streets be zero (0) feet, but no more than 20 feet. As noted previously, the proposed building is set back approximately 94 feet from the front (west) property line. 2 MARCH 27, 2006 ITEM NO.: 1 (CON'T.) The applicant should also be aware that signage and site lighting must conform to the overlay district. Any ground -mounted sign must be monument style and conform to the height and area standards of the 0-3 zoning district. No wood, painted signs or pan -face -style signs are allowed in the district. Any site lighting must conform to Section 36-395 of the ordinance. Additionally, any variances from the City's Landscape Ordinance must be reviewed and approved by the City Beautiful Commission. Staff does not support the requested variances from the Midtown Overlay District requirements. Staff believes the proposed development does not comply with the purpose and intent of the newly established Midtown Overlay District Ordinance. The site should be designed as to compliment and encourage pedestrian use. Staff believes there is space on the site to pull the building up to near the front property line with a different building footprint, and have a drive on one side of the building with the parking in the rear. This type of revised site design could eliminate all but one (1) of the requested variances. Staff feels the proposed site plan could have an adverse impact on future redevelopments in the Midtown Overlay area. D. Staff Recommendation: Staff recommends denial of the requested variances from the Midtown Overlay District requirements. BOARD OF ADJUSTMENT: (MARCH 27, 2006) Staff informed the Board that the applicant requested the application be deferred to the April 24, 2006 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the April 24, 2006 Agenda by a vote of 4 ayes, 0 nays and 1 absent. 3 ® WHITE - DATERS & ASSOCIATES, INC. I 24 Rahling Circle 44 Little Rock, Arkansas 72223 0 Phone: 501-821-1667 — Fax: 501-821-1668 February 24, 2006 Mr. Monte Moore, Zoning Administrator City of Little Rock Neighborhoods and Planning 723 W. Markham St. Little Rock, AR 72201 RE: Arkansas School Pictures Mr. Moore, Please find attached three copies of the site plan for the above referenced project. Ron Miller with Arkansas School Pictures would like to redevelop his office building at this location. ASP currently operates from an office at this location. The existing office building would be razed and the new facility constructed towards the rear of the property to allow parking in the front. This property is zoned 0-3, but falls within the Midtown Overlay District. This property is small and with the existing development on either side, many of the fabulous ideas within this new Ordinance fail to apply. The developer is requesting a variance from the requirements of this district, but will develop under the 0-3 requirements. A side yard setback variance from the required 10 ft. is requested. The property is only 50 ft. in width and this requirement makes it difficult for redevelopment. Please place this item on the next available Board of Adjustments docket. Do not hesitate to call should you have any questions or require additional information. Your help in this matter is greatly appreciated. Cc: Kon Miller — Arkansas School Pictures CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING MARCH 27, 2006 ITEM NO.: 2 ONO Owner: Bank of the Ozarks Applicant: White-Daters and Associates Address: Northwest corner of Chenal Parkway and Rahling Road Description: Tract 4A (unrecorded), Chenal Valley Addition Zoned: PCD (Future C-3) Variance Requested: A variance is requested from the height provisions of Section 36-301 to allow a new office building with increased height. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Bank STAFF REPORT A. Public Works Issues: No Comments. B. Landscape and Buffer Issues: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. Eight percent (8%) of the paved surface area must be allocated for landscaped area, per the city landscape ordinance. These interior islands are to be evenly distributed throughout the site. Berming is encouraged along Chenal Parkway. An automatic irrigation system to water landscaped areas will be required. MARCH 27, 2006 ITEM NO.: 2 (CON'T.) Prior to issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. C. Staff Analysis: The PCD zoned property at the northwest corner of Chenal Parkway and Rahling Road is currently undeveloped and wooded. The property slopes downward from Chenal Parkway to the west. The adjacent properties to the north, south and west are also undeveloped and wooded. The Planning Commission approved a request to revoke the PCD zoning on February 16, 2006. With the revocation, this portion of the property will revert to its original C-3 zoning. The Board of Directors will rule on the revocation request on March 21, 2006. Staff expects the Board to formalize the revocation with the property becoming C-3. The applicant is proposing to develop the 4.72 acre property by constructing a new office building with a drive-thru bank facility. The proposed building will be four (4) stories in height with underground parking. The overall building height will be approximately 75 feet. There will be surface parking along all four (4) sides of the proposed building. There will be a 36 foot wide access easement along the property's north and west property lines. Access to the office/bank development will be off of this access easement, as noted on the attached site plan. Section 36-301(d) of the City's Zoning Ordinance allows a maximum building height of 35 feet for C-3 zoned property. Therefore, the applicant is requesting a variance to allow the proposed 75 foot building height. To staff's knowledge, the development will comply with all other ordinance required development criteria. Staff is supportive of the requested height variance. Staff feels the request is reasonable. The proposed office/bank building will be located well over 100 feet back from all property lines. This alleviates any concern that staff might have with regards to any impact the increased height could have on adjacent property. The proposed building height will not be out of character with the heights of other office buildings in this area along Chenal Parkway (GMAC and Arkansas Systems Developments). Staff believes the increased building height will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested building height variance, as filed. 2 MARCH 27, 2006 ITEM NO.: 2 (CON'T.) BOARD OF ADJUSTMENT: (MARCH 27, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. © WHITE - DATERS & ASSOCIATES, INC. 24 Rahling Circle Little Rock, Arkansas 72223 0 Phone: 501-821-1667 Fax: 501-821-1668 February 24, 2006 Mr. Monte Moore, Zoning Administrator City of Little Rock Neighborhoods and Planning 723 W. Markham St. Little Rock, AR 72201 RE: Bank of the Ozarks Mr. Moore, 1 �,,,4=�Z 5-2 —5`7735 6-, Please find attached three copies of the survey for the above referenced project. The Bank of the Ozarks would like to construct a new office building with a drive-thru bank at the northwest corner of Chenal Parkway and Rahling Road. The bank will be very similar to the existing facility located at Chenal Parkway and W. Markham Street. The structure will be four stories with underground parking. Total height of the building will not exceed 80 ft. This property is currently zoned C-3 which allows a maximum height of 35 ft. The building setbacks will be generous which should compensate for the additional height requirement. Please place this item on the next available Board of Adjustments docket. Do not hesitate to call should you have any questions or require additional information. Your help in this matter is greatly appreciated. Cc: George Gleason — Bank of the Ozarks Melvin Edwards — Bank of the Ozarks Franks Barksdale — AMR Architects CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING MARCH 27, 2006 ITEM NO.: 3 File No.: Z -7905-A Owner: Frank Whitbeck Applicant: Michael Trevisone Address: 2809 Kavanaugh Blvd. Description: Part of Lots 18 and 19, Block 36, Pulaski Heights Addition Zoned: C-3 Variance Requested: Variances are requested from the area provisions of Section 36-301 and the parking provisions of Section 36-502 to allow a deck addition with a reduced setback and a use with reduced off-street parking. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Bar/Lounge Proposed Use of Property: Bar/Lounge STAFF REPORT A. Public Works Issues: No Comments B. Landscape and Buffer Issues: No Comments C. Staff Analysis: The C-3 zoned property at 2809 Kavanaugh Blvd. is occupied by a one-story commercial building located between Beechwood and Palm Streets. The commercial building contains a mixture of commercial uses, with 2809 Kavanaugh Blvd. occupying only a portion of the overall building. This portion of the building is occupied by the Hillcrest Fountain, a bar/lounge (restaurant- MARCH 27, 2006 ITEM NO.: 3 (CON'T.) type) use. There is on -street parking in front of the building and in the general area. The space occupied by the bar/lounge use occupies approximately 1, 530 square feet of the building. Section 36-502(b)(3)c. of the City's Zoning Ordinance requires a minimum of 15 off-street parking spaces for this use. On August 29, 2005, the Board of Adjustment approved a parking variance for the business. The applicant is now proposing to construct a 21.5 foot by 24 foot deck on the rear of the building as noted on the attached site plan. The proposed deck will be located 4.75 to 5 feet back from the rear (south) property line and will be 6 to 7 feet above grade. The deck will allow for outdoor restaurant -type seating for 4 to 5 tables. The deck will have a hand rail around its perimeter. There will be no walls, fences, etc. around the deck. The deck will also not be covered. Section 36-502(b)(3)c. of the City's Zoning Ordinance would require five (5) additional off-street parking spaces for the additional deck seating area. Section 36-301(e)(3) requires a minimum rear setback of 25 feet for C-3 zoning. Therefore, the applicant is requesting a variance to allow the deck structure with a reduce rear setback and without providing any additional off- street parking. Staff is supportive of the requested variance. This commercial building, as well as several others in this general area along Kavanaugh Blvd., has relied entirely on off-site parking for a number of years. There is on -street parking in front of this building as well as on many other surrounding streets. The proposed bar/lounge use will be primarily an after-hours use and will have additional options for parking, as several of the surrounding uses which have off-street parking will be closed the majority of the time when the bar/lounge is operating. Additionally, the applicant has submitted a letter from Delta Trust, who has a small parking lot across Kavanaugh Blvd. to the northwest, granting permission to use their parking lot (16 spaces) after hours. With respect to the requested rear setback variance for the proposed deck, the deck will not extend any closer to the rear property line than the portion of the commercial building immediately to the east. The deck with outdoor seating will not be out of character with the neighborhood. Staff believes the request is reasonable and should have no adverse impact on the adjacent properties or the general area. 2 MARCH 27, 2006 ITEM NO.: 3 (CON'T.) D. Staff Recommendation: Staff recommends approval of the requested parking and setback variances, subject to the following conditions: 1. The deck structure must remain uncovered and unenclosed on its south and west sides. 2. A building permit must be obtained for the deck construction. 3. There are to be no outdoor speakers or amplification for the outdoor seating/deck area. BOARD OF ADJUSTMENT: (MARCH 27, 2006) Michael Trevisone was present, representing the application. There were three (3) persons present with concerns. Staff presented the item with a recommendation of approval. Michael Trevisone addressed the Board in support of the application. He explained the agreement with Delta Trust to use their parking lot after hours. He noted that his employees could park at that location. He explained that there are other parking options in the area. Doug Green addressed the Board in opposition. He explained that there was a parking burden on the Kroger property to the south. He noted that when the bank begins construction across Kavanaugh to the north, parking in the area would become more of a problem. Dennis Burrow, of the Hillcrest Merchant's Association, also addressed the Board in opposition. He noted that Kroger had expressed concern with over usage of their parking lot. He discussed the parking issue in the general area. He requested the application be deferred in order for the issue of parking to be discussed. Scott Smith, of the Hillcrest Resident's Association, addressed the Board with concerns. He expressed concern with the proposed deck being compatible with the general area. He requested the application be deferred to allow time for the issue of compatibility to be discussed. Chairman Francis explained that he favored staff's recommendation with respect to this application. Chris Wilbourn concurred with Chairman Francis. Vice -Chairman Burruss expressed concern with the parking issue. He expressed support of staff's recommendation, but stated he was leaning toward a deferral. Fletcher Hanson also explained that he was considering a deferral of the application. Staff noted that they were not opposed to a deferral to allow the applicant an opportunity to meet with the MARCH 27, 2006 ITEM NO.: 3 (CON'T.) Hillcrest Residents' and Merchants' Associations to discuss issues related to this application. The issue of dumpsters was briefly discussed. Mr. Trevisone stated that the dumpster would be cleaned out and changed out on a regular basis to avoid odors. Vice -Chairman Burruss briefly discussed the proposed deck. He asked if any screening could be placed along the south side of the deck, with the deck being pulled back (approximately 4 feet) to allow some landscaping. Mr. Trevisone indicated the issue of landscaping/screening would be acceptable. Chairman Francis discussed additional conditions to staff's recommendation. He proposed the following additional conditions: • The employees of the Hillcrest Fountain must park in the Delta Trust parking lot. • Sign(s) must be posted on the front door/windows of 2809 Kavanaugh informing customers of the available parking in the Delta Trust parking lot. • Shorten the deck by four (4) feet to allow the underside (south side) of the structure to be screened with lattice and planter boxes. The issue of Canon Grill's grease trap was briefly discussed. Mr. Burrows and Mr. Green explained that the proposed deck would cover the existing grease trap. Mr. Smith explained that the neighborhood association would like to meet and discuss the issue before the Board acts on the application. Vice Chairman Burruss noted that he was comfortable with the application with the additional conditions proposed by Chairman Francis, but would not be opposed to a deferral. Mr. Trevisone noted that the Hillcrest Fountain wanted to be a good neighbor and would be in favor of a deferral to allow time for the issue to be discussed with the Hillcrest Residents' and Merchants' Associations. There was a motion to defer the application to the April 24, 2006 Agenda. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was deferred. 4 - -7 2/22/06 APPLICATION FOR A NON-RESIDENTIAL ZONING VARIANCE THE HILLCREST FOUNTAIN 2809 KAVANAUGH LITTLE ROCK, AR 72203 1, MICHAEL TREVISONE, ACTING AS AN AUTHORIZED AGENT OF THE PROPERTY OWNER OF 2809 KAVANAUGH, WOULD LIKE TO PETITION THE BOARD OF ADJUSTMENT FOR A PARKING VARIANCE. CURRENTLY THE PROPERTY HAS A VARIANCE FROM THE PARKING PROVISIONS OF SECTION 36-502 TO ALLOW RESTAURANT -TYPE USE WITH REDUCED A REDUCED NUMBER OF PARKING SPACES (Z FILE #7905). 1 WOULD LIKE TO CHANGE THAT TO A VARIANCE THAT WILL ALLOW RESTAURANT -TYPE USE WITH OUTDOOR SEATING WITH A REDUCED NUMBER OF PARKING SPACES. I AM PROPOSING TO ADD A 576 SQ. FT. DECK ONTO THE REAR OF THE BUILDING. THE DECK WILL BE AN `OPEN AIR" DESIGN (NO ROOF OR OVERHEAD STRUCTURAL MEMBERS), CONSTRUCTED OF TREATED LUMBER, SIT APPROXIMATELY 6 FT OFF THE GROUND (LEVEL WITH OUR BACK DOOR), AND HAVE A 36" HANDRAIL ON THE THREE SIDES NOT ADJOINING THE BUILDING. THE DECK WILL SERVE TO PROVIDE AN ESTIMATED ADDITION OF 4 TABLES AND ONE CENTRALLY LOCATED FOUNTAIN. IN KEEPING WITH THE CURRENT THEME OF THE NEIGHBORHOOD, THE DECK WILL BE BUILT IN A TRADITIONAL FASHION. IF THE LIGHTING FROM AN OVERHEAD STREETLAMP IS NOT SUFFICIENT FOR SAFETY AND AMBIENCE, GENTLE LOW LEVEL LIGHTING ATTACHED TO THE HANDRAIL WILL BE ADDED. WE AT THE HILLCREST FOUNTAIN FEEL THAT THIS ADDITION COULD ONLY GO TO FURTHER ENHANCE THE CHARM THAT THE HILLCREST AREA IS KNOWN FOR. ALSO, SHOULD THE DAY COME THAT LITTLE ROCK IS SMOKE FREE THIS ADDITION WILL PROVIDE A PLACE FOR OUR PATRONS WHO SMOKE TO RETREAT TO. SINCER Ml(;4iAEL D. TREVISONE DELTA T R U S TM ME..0 MIC August 17, 2005 Re: The Hillcrest Fountain 2809 Kavanaugh Blvd. 72205 Landlord: Frank Whitbeck Owners: Daniel Bryant and Brett Smith To whom it may concern: We at, Delta Trust & Bank located @ 2924 Kavanaugh Blvd., Little Rock, AR has granted The Hillcrest Fountain, which is currently sited at 2809 Kavanaugh Blvd., Little Rock, AR permission to utilize our Parking lot after branch closings. There will be no finite date to this agreement, but Delta Trust & Bank has the authority to revoke this privilege at anytime. Our lot can accommodate sixteen cars if fully utilized. If you should have any questions, please feel free to contact me by email: rbrown ,delta-trust.com or 501-907-1900. Thank you, Roshelle Brown Assistant Vice President Hillcrest Branch Manager Delta Trust & Bank ^ 2924 Kavanaugh Blvd. • Little Rock, Arkansas 72205 501907-1900 • Fax: SOI 907-I908 MARCH 27, 2006 ITEM NO.: 4 Owner: William Doyne Applicant: William H. Darby, Jr. Address: 5 Eagle Talon Cove Description: Lot 56 Block 2, Woodland's Edge Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36- 254 to allow a deck addition with a reduced rear setback. 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 5 Eagle Talon Cove is occupied by a two-story brick and frame single family residence which was recently constructed. There is a two —car wide driveway from Eagle Talon Cove which serves as access. With the new home construction, a covered deck was constructed on the rear of the residence, as noted on the attached site plan. The deck is 14 feet by 27 feet in size and is located 13 to 14 feet back from the rear (south) property line. Steps down to a concrete walk are located on the west side of the deck structure. The deck structure is located approximately 12 feet above grade. MARCH 27, 2006 ITEM NO.: 4 (CON'T. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the 13 to 14 foot rear setback for the deck structure. Staff is supportive of the requested variance. Staff views the request as reasonable. This residential lot backs up to a designated green space or greenbelt within this single family subdivision. The greenbelt is 60 feet to over 100 feet in width behind this lot. Given this lot separation, staff believes the proposed deck will have no adverse impact on the adjacent properties or the general area. Numerous other similar rear yard encroachments for decks have been approved within this subdivision for lots backing up to designated greenbelts. C. Staff Recommendation: Staff recommends approval of the requested setback variance, subject to the deck structure remaining unenclosed on its east, west and south sides. BOARD OF ADJUSTMENT: (MARCH 27, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. E HRH BUILDERS, INC. 13503 RIDGEHAVEN LITTLE ROCK, ARKANSAS 72211 Re: Board of Adjustment meeting March 27, 2006 Dear Sir: This cover letter is for a rear yard waiver. .; .� 44 �- This lot 56 Block 2, Woodland Edge S/D has a large green belt behind the rear Of this lot. We thought that the lots in Woodland Edge that the rear set back Had been changed to 15 feet not 25 feet because of the greenbelt. This house is finished and has been sold and the buyers have their furniture in Connecticut waiting on this meeting. We are asking for a waiver on the rear setback. We thank you for your consideration in this matter. Ziam UIL S, INC. H Darby Jr. President MARCH 27, 2006 ITEM NO.: 5 File No.: Z-8011 Owner: Calvin Johnson Applicant: Calvin Johnson Address: 2901 Woodsgate Drive Description: Lot 9, Block 4, Woodland's Edge Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36- 254 to allow a deck addition with a reduced rear setback. 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 2901 Woodsgate Drive contains a one-story brick single family residence which was recently constructed. There is a two -car wide driveway from Woodsgate Drive which serves as access. The front portion of the property is fairly level, with the rear yard sloping downward to Woodlands Drive. The applicant proposes to construct an 11 foot by 28 foot uncovered, unenclosed deck on the rear of the residence, as noted on the attached site plan. The proposed deck will be located approximately 15 to 16 feet back from the rear property line. The rear corners of the deck structure will be MARCH 27, 2006 ITEM NO.: 5 (CON'T.) approximately 12 to 14 feet above grade. The steps to the deck structure will be located along the back wall of the home. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the new deck with a reduced rear setback. Staff is supportive of the requested variance. Staff views the request as reasonable. This residential lot backs up to a rather wide green space or greenbelt between the lot and Woodlands Drive. The proposed deck will not be out of character with other deck structures in this neighborhood. There are other deck structures with similar encroachments located on the rear of the residences to the south along Woodsgate Drive. Staff believes the proposed deck will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested setback variance, subject to the following conditions: 1. The deck must remain uncovered and unenclosed. 2. A building permit must be obtained for the deck construction. BOARD OF ADJUSTMENT: (MARCH 27, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. 2 i #4-,g 7 -kv tl To: Little Rock Board of Adjustment From: Calvin Johnson Re: Deck Date: 03-08-06 This letter is to inform the board that I am requesting permission to build a deck. The deck will be approximately twelve (12') wide and twenty eight (28') long. The landscape in the backyard is steep. A deck would enable my family and I to enjoy our backyard and have social events. I would appreciate the board approval to grant me the opportunity to build a deck. Sincerely, our ROCKET PROPERTIES, LLL 2024 Arkansas Valley Drive, Suite 408 Little Rock, Arkansas 72212 501-954-9816 • Fax: 501-954-9839 November 29, 2005 Mr. Calvin Johnson 2901 Woodsgate Drive Little Rock, AR 72211 Re: Rear Yard setback Dear Mr. Johnson, T 4 4 Thank you for notifying us regarding the possible encroachment into your rear yard setback. We have reviewed the proposed location of the deck that you are planning to build behind your residence on Lot 9 Block 4 in Woodlands Edge. Due to the extensive greenspace behind your lot, we have no objection to the location as shown in the drawing you submitted to us. We will require, however, that you submit a drawing of the deck and stairway to the Architectural Control Committee. Review of this architectural change will be completed within a few days after submission. Thank you. Sin c ly, Ronald C. '. e MARCH 27, 2006 ITEM NO.: 6 File No.: Z-8012 Owner: Michael Lasiter Applicant: Michael Lasiter Address: 4 Broadview Drive Description: Lots 1 and 2, JP Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 and 36-254 to allow an accessory building and a building addition with reduced setbacks. A variance is also requested from the easement provisions of Section 36-11 to allow a building addition which encroaches into a utility easement. 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 4 Broadview Drive is occupied by a split level rock and frame single family residence. Access to the property is gained by way of a private drive from Broadview Drive along the north property line. There is also a private drive along the west property line which serves the residence immediately to the south. There is also a swimming pool structure in the rear yard. MARCH 27, 2006 ITEM NO.: 6 (CON'T.) The applicant proposes to construct a 15 foot by 20 room addition (2 story) on the east side of the residence and a 15 foot by 20 foot pool house (1 story) on the west side of the pool, as noted on the attached site plan. The proposed room addition will be located 3.5 feet to 8 feet from the east side property line. The northeast corner of the addition will encroach into a 5 foot wide utility easement by approximately 1.5 feet. The proposed pool house will be located 12 feet from the west street side property line and 27 feet from the rear (south) property line. Section 36-11(f) of the City's Zoning Ordinance requires encroachments into utility easements be reviewed and approved by the Board of Adjustment. Section 36-254(d)(2) requires a minimum side setback of 8 feet for principal structures in R-2 zoning. Section 36-156(a)(2)c. requires a minimum street side setback of 15 feet for accessory structures. Therefore, the applicant is requesting variances from these ordinance standards to allow the proposed addition to encroach into a utility easement and to have a reduced side setback, and to allow the proposed accessory building (pool house) to have a reduced street side setback. Staff is supportive of the requested variances. Staff feels the proposed addition and pool house are reasonable. With regards to the proposed building addition, the residence immediately east is located approximately 8 feet from the east side property line, which will result in a 11.5 to 16 foot building separation. Staff believes this separation will be adequate. Additionally, all of the public utility companies have given written approval of the requested easement encroachment. Staff also believes the 12 foot street side setback for the proposed pool house will be adequate. As noted previously, there is an access easement/drive located between the west property line and Broadview Drive right-of-way which provides a setback of over 28 feet to the edge of pavement. Staff believes the proposed addition and pool house will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested variances, subject to the following conditions: 1. The addition and accessory structure must be constructed to match the house. 2. Guttering must be provided on the east side of the proposed addition to prevent water run-off onto the adjacent property to the east. 3. The proposed pool house must not contain a full kitchen facility. 2 MARCH 27, 2006 ITEM NO.: 6 (CON'T.) BOARD OF ADJUSTMENT: (MARCH 27, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. 91 City of Little Rock February 24, 2006 Department of Planning and Development 723 West Markham Little Rock, AR 72201 Phone: 501-371-4790 RE: Variance request for: Michael and Caroline Lasiter 4 Broadview Little Rock, Ar 72207 To Whom It May Concern: Our residence is located at 44 Broadview and we are requesting a variance to build a pool house structure (item # 1) on Southwest part of our property and a room addition (item #2) on the East side of the main residence. Both structures lie near or in an existing utility easement; I have attached letters of approval from the utility companies. ITEM 1: POOL HOUSE We intend to build a pool house on our existing side yard. Due to the lot size we are unable to build the structure without a variance from the city. This structure will be located within an existing 6' tall privacy fence on the side yard. The structure will be approximately 15' X 20' will be a wooden/rock structure with rock columns with similar styling to the existing residence. ITEM 2: ROOM ADDITION We intend to build a 2 story addition onto the existing residence. As you can see from the attached Engineer Survey the house sits on the lot at a skew leaving the North end of the addition will falling within the minimum side yard setback of 8' for R-2; the South end of the addition does not have a set back problem, only a small corner of the structure about 20% will even fall inside of the 8' side setback. We are asking to build the structure within 3.5' or maximum minimum City requirements. This structure will be a wooden/rock structure with the same general structure of the main house. If you have any questions please feel free to call me at 501-951-7000 or contact me at the address listed above. Thank you, Michael Lasiter MARCH 27, 2006 ITEM NO.: 7 File No.: Z-8013 Owner: Michael and Bari Sells Applicant: Bill Fletcher Address: 18 Riding Road Description: Lot 148, Foxcroft Third Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 to allow a carport with reduced setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property STAFF REPORT Single Family Residential A. Public Works Issues: No Comments. B. Staff Analysis: The R-2 zoned property at 18 Riding Road is occupied by a two-story frame and rock single family residence. There is a two—car wide driveway from Riding Road located along the north property line. There is a concrete basketball court area at the northeast corner of the property which is approximately six (6) feet below the grade of the driveway. The applicant proposes to construct a 22 foot by 24 foot carport structure with a 12 foot by 20 foot storage area, as noted on the attached site plan. The proposed carport/storage structure will be located two (2) feet from the side (north) property line and 40.5 feet from the front (west) property line. The MARCH 27, 2006 ITEM NO.: 7 (CON'T.) structure will be separated from the house by five (5) feet. A five (5) foot wide covering over the side door will connect to the carport structure. Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum front setback of 60 feet for accessory building's in R-2 zoning. Section 36- 156(a)(2)f. requires a minimum side setback of three (3) feet. Section 36- 156(a)(2)b. requires that accessory buildings be separated from principal structures by at least six (6) feet. Therefore, the applicant is requesting variances from these ordinance standards to allow the proposed carport/storage structure with reduced front and side setbacks and reduced separation. Staff is supportive of the requested variance. Staff views the request as relatively minor. The proposed carport structure will be located further back on the lot than the principal structure and the adjacent structure to the north. Additionally, the carport structure will have the appearance of being part of the principal structure with the small connection over the side door. The property owners immediately to the north have reviewed the proposed carport/storage structure and have submitted a letter supporting the request. Staff believes the proposed carport/storage structure will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested variances, subject to the following conditions: 1. The carport/storage structure must be constructed to match the existing principal structure. 2. The carport must remain unenclosed on its north, south and west sides. 3. Guttering must be provided on the north side of the carport/storage structure to prevent water run-off onto the adjacent property to the north. BOARD OF ADJUSTMENT: (MARCH 27, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. 2 ,7- .5"013 2/24/06 TO: Dept of Planning & Development FROM: Bill Fletcher RE: Residential Zoning Variance for 18 Riding Rd., Little Rock, AR 72227 This Zoning Variance is requested to get a variance on the side setbacks to place a Carport/Storage area next to the house. The current residence is owned by Mike and Bari Sells and my wife and I have the property under contract to purchase, closing in April. The existing house had a side loading garage but was enclosed several years ago by a previous owner to become a part of the living space. There is currently no covered parking or storage of any kind. The new structure is much needed to have these items for convenience, protection of one's personal property and to clean up the existing area and make more pleasing to the eye. We have included in our application an approval letter from the neighbor which would be most impacted by the proposed structure.. The neighboring property is a corner lot and the proposed structure would back up to their back yard. We really need the fully proposed variance in order to have adequate space to park two vehicles and store necessary items. There is no other location on the property to put the proposed structure due to the existing lot conditions. Thank you for your consideration, AWOAIP>�� Bill Fletcher ;z-- 7D f 3 February 8, 2006 To whom it may concern, We have reviewed the proposal with Bill Fletcher on the proposed Carport and Storage to be constructed at 18 Riding Rd. and are aware of the variance to decrease the side setback to Two Feet to make this possible. We have no problem with this and would welcome the construction to the neighborhood. This area backs up to our back yard which is on a corner lot and it would not obstruct any views or come into close contact with our home. I Regifds, Dr.'s David and Debbie Becton 33 Huntington Rd. Little Rock, AR 72227 MARCH 27, 2006 ITEM NO.: 8 File No.: Z-8014 Owner: The Capitol Joint Venture/LDRP Limited Partnership/100 Main Building, LLC Applicant: Kent Taylor, Cromwell Architects Engineers Address: 100 Main Street Description: East'/2 of Block 78, Original City of Little Rock Zoned: UU Variance Requested: Variances are requested from the parking, buffer and sidewalk paving provisions of Sections 36-341, 36-342.1, 36-511 and 36-522 to allow construction of a new surface parking lot. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Office Building Proposed Use of Property: Parking Lot STAFF REPORT A. Public Works Issues: 1. Obtain a franchise agreement from Public Works (John Barr, 371-4646) for the improvements located in the right-of-way. B. Landscape and Buffer Issues: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. The UU district requires street trees a minimum of 3 inches in caliper to be placed 30 feet on center with a water source provided. MARCH 27, 2006 ITEM NO.: 8 (CON'T.) A minimum six foot and nine inch (6'-9") perimeter landscaping strip is required along the northern, southern and eastern perimeters of the site. This area is to be located out of the public right-of-way. This is a requirement of both the landscape ordinance and the buffer ordinance. A variance from this requirement will require approval from both the City Beautiful Commission and the Board of Adjustment. The landscape ordinance requires a tree every thirty (30) feet in the perimeter landscaping strip. The plan submitted does not reflect his minimum. The proposed plan doesn't reflect interior landscaping minimums. Eight percent of the pave surface area should be green space. Interior islands should be evenly distributed throughout the site. It appears that the parking lot maneuvering area could be reduced allowing for more greenspace along the perimeters of the site. A franchise agreement must be obtained for any/all landscaping to be located within the public right-of-way. An automatic irrigation system is required. Prior to the issuance of a building permit, it will be necessary to submit a landscape plan with the seal of a Registered Landscape Architect. Staff Note: On March 13, 2006, the applicant informed staff that the application needed to be deferred to the April 24, 2006 Agenda, pending possible changes to the site plan. Staff supports the deferral request. BOARD OF ADJUSTMENT: (MARCH 27, 2006) Staff informed the Board that the applicant requested the application be deferred to the April 24, 2006 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the April 24, 2006 Agenda by a vote of 4 ayes, 0 nays and 1 absent. 0 Capital Hotel Variance Request Variance Request Description ,7--g,c, Jan 30, 2006 (/2-%oarr—) 1. The surface parking provisions of Section 36-342.1 (c)(10)b of the Little Rock Code of Ordinances to permit 'New surface parking to be located between the building (Capital Hotel) and the street (Main between Markham & Second)'. Requested parking to be a valet -only parking lot for the Capital Hotel, well landscaped. The lot will be enclosed by an ornamental brick and steel fence similar to that around the rear of the Hotel. 2. The street buffer provisions of Section 36-522 (b)(3) AND the Landscape Ordinance of the Little Rock Code of Ordinances to permit `The reduction in width of street buffers along Main Street'. In this case, a buffer of 8_0 feet is required. A total buffer width of 14.5 feet is proposed, but only 4.5 feet of the buffer will actually be within the property line. The remaining 10 feet of the buffer along Main is being requested as a franchise use, of a part of the existing 20 feet plus wide sidewalk. (Note for items 1 & 2 — the parking lot south of the hotel— this parking lot is existing, along with its ornamental brick & steel fence. We are proposing to create a 6.5 foot landscape strip along Second Street, but this vehicular use area has been in use for many years without landscaping, first as a drive-in bank then for hotel parking. As an existing, continuing use, no variance is specifically requested for this area) The parking design provisions of Section 36-511 of the Little Rock Code of Ordinances to permit'Double and triple car stacking and a variance in parking space size, for the proposed valet parking lot'. A double stack row against the Hotel, and a triple stack row in the center of the lot, between aisles, is proposed. This is possible as all parking will be by valet. Further, a variance is requested to reduce the depth of the double & triple stack spaces. The standard 60 foot depth (actually drawn as 18' car, 24' aisle, 18' car) is proposed for the access aisle & adjacent parking spaces, but the'inner' stack spaces are requested to be reduced to 16 feet to 16.5 feet long. Hotel management has determined that the typical guest vehicle mix will accommodate this change, and it will be enhanced by the flexibility of valet parking. 4. The sidewalk paving provisions of Section 36-341(c)(6) of the Little Rock Code of Ordinances to permit 'Stone & brick paving and curbs'. This section allows only concrete paving of walks and curbs, while other sections allow or require at least partial brick paving. Budget allowing, it is desired to use stone curbs along Markham Street with flagstone paving, with brick paving and concrete curbs on the rest of the block. 5. The sidewalk paving provisions of Section 36-341(c)(5) of the Little Rock Code of Ordinances to permit 'Omission of street trees in the right of way of Markham, Main & Second Streets'. Street trees along Markham and Second Streets are a potential conflict with River Rail overhead power lines. Further, the design concept for this project is lush, healthy vegetation, with good-sized initial plantings. It is challenging to develop large shade trees in 3' x 3' sidewalk planters, especially without the trees damaging the walks as they mature. We prefer to plant larger trees in a substantial planting bed alongside the sidewalk, where they will beautify and offer shade without blocking the walk. Justification Item1: Strict enforcement of the requirement for no parking between a building and the street will eliminate the majority of the Capital Hotel's on-site parking. The proposed parking lot is intended to replace the existing parking, currently on upper levels of the obsolete former Trailways station, which is almost vacant and in need of substantial repair. Items 2 & 3: Strict enforcement of buffer and parking space sizes will eliminate almost 24% of available parking space on the former bus station property, not including internal landscaping requirements. This will mean the loss of up to 43 parking spaces from the proposed concept. This may leave the Hotel with insufficient parking space for proposed additional meeting and banquet rooms. The proposed concept still provides a substantial landscaped buffer. Parking space requirements are of a less - critical nature in an all -valet parking situation. Item 4: Strict enforcement of the requirement for concrete -only sidewalk and curb paving will prevent the Hotel from extending the brick paving adopted by the City from Main eastward, and from installing paving in keeping with the Hotel's heritage along Markham. Item 5: Strict enforcement of the requirement for street trees within the public right of way may lead to conflicts with the River Rail overhead wiring. It will also discourage the growth of trees of the quality and size desired for this project. MARCH 27, 2006 ITEM NO.: 9 File No.: Owner.- Applicant: wner:Applicant: Address: Description: Zoned: Z-8015 Kerry Kemp Kerry Kemp 917 West 7th Street Part of Lots 1-3, Block 249, Original City of Little Rock UU Variance Requested: Variances are requested from the sign provisions of Sections 36-342.1, 36-553 and 36-557 to allow an awning sign without street frontage. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Commercial STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The UU zoned property at 917 West 7th Street is occupied by a two-story brick commercial building. The building burned a few years ago and has been in the process of being repaired. There is a small parking lot on the west side of the building which serves the business(s) located within the commercial building. A driveway from West 7th Street is used to access the parking lot. With the restoration of this commercial building, the applicant placed a canvas awning on the building's west side, over the first floor entry door. The door is located near the northwest corner of the building and provides for handicap accessible entry to the building from the parking lot. With the awning MARCH 27, 2006 ITEM NO.: 9 (CON'T.) construction, the applicant placed a small sign ("Art Outfitters") on the awning, as noted in the attached photos. The sign's primary purpose is to identify the building to persons parking in the adjacent parking lot to the west. Section 36-342.1(11) of the City's Zoning Ordinance (UU District development criteria) allows signage, except ground -mounted signs, as permitted in Section 36-553 of the Code. Section 36-553 (sign permitted in office and institutional uses) does not list awning signs as permitted signs. Section 36-557 requires that all signs face an adjacent street. Therefore, the applicant is requesting a variance to allow an awning sign in the UU zoning district and the sign to have no direct street frontage. Staff is supportive of the requested variances. Staff views the request as very minor. The proposed awning sign is less than 10 square feet in area. Staff feels the awning sign will aid in identifying the building's side entrance to persons parking in the adjacent parking lot. Staff believes the awning sign will not be out of character with other signs in the UU zoning district and should have no adverse impact on the adjacent properties or general area. C. Staff Recommendation: Staff recommends approval of the requested sign variances, subject to the following conditions: 1. There is to be no additional signage on the building's west fagade. 2. A sign permit must be obtained for the awning sign. BOARD OF ADJUSTMENT: (MARCH 27, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. 6 To: City of LR Zoning & Subdivision Attn: Board of Adjustment From: Kerry Kemp at ART Outfitters To the Board of Adjustment, February 23, 2006 This letter is to request a sign variance for a labeled awning which faces my store's park- ing lot, but does not face the street. My purposes in having an awning over the parking lot entrance are to properly label the ADA entrance to our store and to attempt to keep rain from entering the door, which is lower than the parking lot. The main purpose for labeling the awning is to properly label the handicap-acccessable entrance, as the parking spaces on the street in front of the store are not wheelchair accessable. I also want to designate the parking as belonging to ART Outfitters, as opposed to the general public opinion that it belongs to our business neighbor, Vino's. 1 did not realize that it is not allowed to have the business name facing in a direction other than the street. I hope that my reasons will permit consideration for a variance. Thank you for your consideration and your advice, Kerry Kemp ART Outfitters inc: photos of facade and awning, 3 copies of survey marked with awning location, CD containing same photos, 917 West 7th Street Little Rock, AR 72201 and variance application. 5 0 1- 3 7 4- 4 3 2 3 MARCH 27, 2006 ITEM NO.: 10 File No.: Z-8016 Owner: Allied Food Industries Applicant: Mark Rickett Address: 4015 West Markham Street Description: Block 4, Plateau Addition Zoned: C-3 Variance Requested: Variances are requested from the buffer provisions of Section 36-522 to allow redevelopment of property with reduced buffers. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Restaurant Proposed Use of Property: Restaurant STAFF REPORT A. Public Works Issues: 1. Obtain a franchise agreement form Public Works (John Barr, 371-4646) for the improvements and parking located in the right-of-way. B. Landscape and Buffer Issues: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. Eight percent (8%) of the paved surface area must be allocated for landscaped area, per the city landscape ordinance. These interior islands are to be evenly distributed throughout the site. A minimum six foot and nine inch (6'-9") perimeter landscaping strip is required along the northern, southern, eastern and western perimeters of the site. This area is to be located out of the public right-of-way. This is a requirement of MARCH 27, 2006 ITEM NO.: 10 (CON'T.) both the landscape ordinance and the buffer ordinance. A variance from this requirement will require approval from both the City Beautiful Commission and the Board of Adjustment. An automatic irrigation system to water landscaped areas will be required. Staff Note: On March 14, 2006 the applicant contacted staff and requested the application be deferred to the April 24, 2006 Agenda. The applicant noted that a revised development plan for the property was being worked out and would be submitted to staff. Staff supports the deferral request. BOARD OF ADJUSTMENT: (MARCH 27, 2006) Staff informed the Board that the applicant requested the application be deferred to the April 24, 2006 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the April 24, 2006 Agenda by a vote of 4 ayes, 0 nays and 1 absent. 2 February 23, 2006 Mr. Monte Moore City of Little Rock Planning Department 723 W. Markham Little Rock, Arkansas 72201 RE: Burger King — 4015 W. Markham Request for Variances Dear Mr. Moore, Pleased find enclosed the following information: 1. Three (3) copies of proposed improvements to the Burger King site. 2. Application for Variances 3. Filing fee. 2— go i To satisfy the master street plan requirements, the appropriate right of way will be dedicated along the abutting streets. The following is a brief description of the requested variances and justification for the requests: 1. Variance from the 6'9" landscape buffers along Markham and Cedar Streets. The required right of way dedication along these frontages encroaches into the existing parking lot. All proposed perimeter landscaping will be installed in the public right of way. 2. Variance from the 8% interior landscape requirement. Three additional islands will be added to increase the interior landscaping. The total interior landscaping is approximately 5%. 3. Variance to allow parking in the public right of way. This is necessary because of the additional dedication requirement. The existing parking will be in the public right of way after dedication. 4. A franchise agreement to allow parking and landscaping in the public right of way. The ownership of this Burger King store desires to simply raze the existing building and construct a new one in its place with very little work proposed on the site. The replacement of the existing facility will vastly improve the appearance of the site along with the proposed addition of landscape materials. Leaving the site as -is will allow Burger King to retain most of its existing parking and function of the site. The justification for these variance requests is simply that the proposed improvement to the site will substantially improve the site over the existing site conditions and improving the site to meet code will create a hardship for the Burger King ownership. Please let me know if you have any questions regarding this project and the requested variances. Sincerely, RRiic`kkeet_t Engineering, Inc. Markt. Rickett, �4 PE Rickett Engineering, Inc. P.O. Box 242862 . Little Rock, Arkansas, 72223 . 501.868.6302 • fax 501.868.6296 . mobile 501.690.6068 mark.rickett@rickettengineering.com MARCH 27, 2006 ITEM NO.: 11 File No.: Z-8017 Owner: Scott and Jackie DeMott/Scott and Denise Loucks/Tim and Cindy Hodnett Applicant: Scott and Jackie DeMott Address: 10701 Shepard Drive/14809 and 14721 Cecil Drive Description: Lots 1, 2 and 4, Secluded Hills Addition Phase 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: 1. The proposed fence must be located outside of future right-of-way line of Taylor Loop Road and Shepard Drive. B. Staff Analysis: The R-2 zoned lots at 10701 Shepard Drive, 14809 Cecil Drive and 14721 Cecil Drive each contain a two-story single family residence. There are two -car wide driveways from Cecil Drive which access 14809 and 14721 Cecil Drive. 10701 Shepard Drive has a two -car wide driveway from Shepard Drive which serves as access. Taylor Loop Road is located along the west boundary of the lots. The City recently purchased additional right-of-way from these lots for the future alignment of Taylor Loop Road. The right-of-way purchased included the existing six (6) foot high wood fences along the west boundary of these lots. MARCH 27, 2006 ITEM NO.: 11 (CON'T.) The owners of these three (3) lots are now proposing to construct an eight (8) foot high wood fence along the new west property lines. Existing six (6) foot high wood fences along the lots' north and south property lines will tie into the proposed new fence. The applicants note that the reason for the eight (8) foot high fences along the west lot lines is to help alleviate the noise which will be generated by the future widening and alignment of Taylor Loop Road. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum residential fence height of four (4) feet for fences located between building setback lines and street right-of-way. A maximum fence height of six (6) feet is allowed elsewhere on residential lots. Therefore, the applicants are requesting a variance to allow an eight (8) foot high fence along the west property lines of the three (3) residential lots and six (6) foot high fences elsewhere, enclosing the rear and side yards of the lots. Staff is supportive of the requested fence variance. Staff feels the request is reasonable given the fact that Taylor Loop Road will be widened in the future bringing the roadway closer to the residences. The increased fence height along the west lot line will help reduce increased noise generated by the widened right-of-way. Staff believes the increased fence height 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 the following conditions: 1. Compliance with the Public Works requirements as noted in paragraph A. of the staff report. 2. The fence at the corner of Shepard Drive and Taylor Loop Road must be set back to conform with the City's blind corner ordinance. 3. A building permit must be obtained for the fence construction. BOARD OF ADJUSTMENT: (MARCH 27, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. 2 February 24, 2006 Little Rock Board of Adjustment 500 W. Markham Little Rock, AR 72201 Dear Little Rock Board of Adjustment, The City of Little Rock is widening and straightening out Taylor Loop Road from Cantrell/Hwy 10 to Hinson Road. We all own property that backs up to Taylor Loop Road from the corner of Taylor Loop and Shepard and south. I have enclosed the property descriptions we all received from the City of Little Rock when they purchased the right of way from all of us. I have also included some pictures showing views from our homes towards Taylor Loop and form Taylor Loop back towards the homes. We are requesting permission to replace our existing 6 ft. fence with an 8 ft fence for the following reasons: • The increase in traffic with 4 lanes will increase the traffic noise • The city is cutting down several trees that currently help buffer the noise and the view of the flow of traffic We are only going to increase the height of the fence along the road and not the fences in between the houses. Therefore the only view obstructed is our personal views of Taylor Loop road. T 1pnk you for your consideration. a 'e Die Mott CC. Scott and Denise Loucks Tim and Cindy Hodnett MARCH 27, 2006 ITEM NO.: 12 File No.: Z-8018 Owner: Winrock Development Applicant: Bill Parkinson Address: 32 Glasgow Court Description: Lot 15 Block 21, The Villages of Wellington Zoned: R-3 Variance Requested: A variance is requested from the area provisions of Section 36- 255 to allow a new home with reduced setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The R-3 zoned property at 32 Glasgow Court is currently undeveloped and partially tree -covered. The property slopes downward from side to side (north to south). The lot is located along the bulb of a cul-de-sac and has a 20 foot platted front building line along the curved front property line. There are single family residences under construction to the north and south along Glasgow Court and to the west along Blackburn Drive. The applicant proposes to construct a new two-story single family residence on the lot, as noted on the attached site plan. The proposed residence will be MARCH 27, 2006 ITEM NO.: 12 (CON'T.) located behind the front 20' building line, with a rear setback of 14.5 feet. The proposed structure will have side setbacks of five (5) feet (north) and 11.5 feet. Section 36-255(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for this R-3 zoned lot. Therefore, the applicant is requesting a variance from this ordinance standard to allow the new residential structure with a reduced rear setback of 14.5 feet. Staff is supportive of the requested variance. Staff views the request as reasonable. The front portion of the lot has an irregular shape because of its location along the bulb of the cul-de-sac. Because of the curved front property line the south side property line is only 100 feet deep. The applicant has selected a house plan that works well with the lot's irregular shape, but the minimum rear building setback cannot be met due to the shallow lot depth created by the curve of the cul-de-sac. Staff believes the requested rear setback variance will have no adverse impact on the adjacent properties or the general area. The lots to the west along Blackburn Drive appear to have adequate depth to provide the minimum required rear setbacks, resulting in adequate separation from this proposed residence at 32 Glasgow Court. C. Staff Recommendation: Staff recommends approval of the requested rear setback variance, as filed. BOARD OF ADJUSTMENT: (MARCH 27, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. IJ PARKINSON BUILDING GROUP Go 0 x 00 0 d N N n Q 0 N X O Ca 6 CL February 24, 2006 Little Rock Board of Adjustment Department of Planning and Development 723 W. Markham Little Rock, AR Dear Board, This correspondence is in regards to a proposed residence on Lot 15, Block 21 in The Villages of Wellington. We are requesting a variance for the rear building line setback of 25 feet. We are asking for this variance due to the unique shape of the lot created by the encroachment of the cul-de-sac on the lot. This configuration results in a restrictive building envelope on the southern side of the lot. Attempts using our draftsman to rework the current plan so that it would fit the lot were unsuccessful. The dimensions of this proposed residence are consistent if not smaller than other homes on the same street, and we believe this variance would not comprise the integrity of the street. Thank you for your review of this matter. The requested 6 copies of the plot plan have been enclosed, along with the application for zoning variance. Sincerely, Bill Parkinson President, Parkinson Building Group Enclosures fR i t 4 r �'K�.,✓`# y. r i S tii. #. k x �'� j) 2222�cottondale k ®Y `l�tne V suite 300 development® little rock, ar 72202 ,�2 February 24, 2006 The City of Little Rock Planning and Development 723 W. Markham Little Rock, AR 72201 RE: Lot 15, Block 21 The Villages of Wellington The Parkinson Building Group Dear Sirs: Please allow this letter to serve as Winrock Development's approval for the proposed residence to exceed the rear building set back on the above referenced lot. Should you require any further information please do not hesitate to contact me. Sincerely, Dougl s Neil Executiv ice President i O U W w W t - O Z w U) 0 Q LL O ClQ O m 0 J J 1- .f W Q 0 0 C� G II w Q Z w March 27, 2006 There being no further business before the Board, the meeting was adjourned at 2:38 p.m. Date: G q/ Chairman Secretary