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boa_04 27 2015LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES APRIL 27, 2015 2:00 P.M. Roil Call and Finding of a Quorum A Quorum was present being four (4) in number. Approval of the Minutes of the Previous Meetings The Minutes of the March 30, 2015 meeting were approved. Members Present: Members Absent: Jeff Yates, Chairman Rajesh Mehta Carolyn Lindsey Polk Robert Tucker Brad Wingfield, Vice Chairman City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA APRIL 27, 2015 _03'u OLD BUSINESS: A. Z-9014 402 E. 3 I Street NEIN BUSINESS: 1. Z -669-B North side of E. 4th Street, between Rack and Cumberland Streets 2. Z -3619-D 13490 Interstate 30 1 Z-9024 923 Rice Street 4. Z-9025 600 E_ 17th Street 5. Z-9026 1717 N. Harrison Street 6. Z-9027 5800 Hawthorne Road 7, Z-9028 5225"R" Street 8. Z-9029 405 Louise Street APRIL 27, 20315 ITEM NO.: A File No.:. Owner: Applicant: Address: Description: Zoned 31d and Commerce, LLC Adam Day, AMR Architects 402 E. Sad Street North side of E. 3rd Street, between River Market Avenue and Cumberland Street. UU Variance Requested: Variances are requested from the use and area provisions of Section 36-342.1 to allow outdoor dining in the public right - of -Way, outdoor dining seating which exceeds 50 percent of the number of seats within a restaurant and a building addition which encroaches into the public right-of-way. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Parking Deck with Retail Space Proposed Use of Property: Parking Deck with Retail. Space and Restaurant with Outdoor Dining STAFF REPORT A. Public Works Issues: 1. Two separate franchise permits must be obtained prior to construction of improvements within the City's right-of-way. One is for the building encroachment into the City right-of-way and the other is for the outdoor seating and weather screening encroachments into the City right-of-way. 2. For the two proposed encroachments into the City's right-of-way; the City's Board of Directors must review and approve the issuance of two separate franchise permits. Contact Debora Weldon, City Attorney, at 501-371-6812 to provide more information about the Board of Director's action. 3. The relocation of the bench and fire hydrant must be done according to the plans with the approval of the franchise permits. 4. The Board of Adjustment approval does not approve the issuance of franchise permits. The franchise permit has a separate application and approval process through the City's Public Works Department and all utilities. 5. Any improvements within the City's right-of-way not shown on the franchise permit application plans will not be allowed to be constructed. APRIL 27, 2015 ITEM NO.: A CONT. B. Staff Analysis: The U U zoned property at 402 E. 311� Street is occupied by a two-level parking deck. Access to the parking deck is by way of a driveway entrance at the southwest corner of the deck. Three (3) small retail spaces are located at the southeast corner of the parking deck. The applicant proposes to convert two (2) of the existing retail spaces to a. restaurant use. The project consists of constructing second and third level additions on top of the parking deck, at its southeast corner, over the existing retail space. The first floor area will be used as a kitchen and ordering area. The new second level will be a food prep area. The new third level will be for indoor restaurant seating, with up to 80 seats. The project also includes an elevator/stairway addition on the east side of the parking deck at its southeast corner. Both the third level addition and elevator/stairway addition (stair landing only) will extend/ca ntilever four (4) feet into the public right-of-way area. The cantilever will be located ten (10) feet above the sidewalk area. The project also includes an area of outdoor dining (74 seats), immediately west of the retail space, extending the remaining length of the parking deck along E. V Street. The majority of the outdoor dining area will be located under the existing parking deck, with new interior walls being constructed. The area of outdoor dining will extend approximately 2 feet -8 inches into the public right-of-way. A four (4) foot wide awning will extend from the parking deck over the outdoor dining area, The awning will be located ten (10) feet above the sidewalk area. Additionally, at the exterior line of the outdoor dining area (2 feet -8 inches into the right-of-way), small poles (framing) will be installed which will support a roll -up inclement weather screen. The inclement weather screen will be located just outside a three (3) foot high metal fence which will define the area of outdoor dining. Section 36-342.1(d)(1)a. of the City's Zoning Ordinance stages that outdoor dining shall not be located in the public right-of-way. Section 36-342.1(d)(1)b. states that the number of seats in an area of outdoor dining shall not exceed 50 percent of the number of seats within the restaurant it serves. Section 36-342.1(f)(1) allows buildings to be constructed to front property lines, but states that structures may not be built in the right-of-way. Therefore, the applicant is requesting variances from these ordinance requirements to allow a portion of the area of outdoor dining to extend into the public right-of-way, the area of outdoor dining to have seating exceeding 50 percent of the number of seats inside the restaurant, and the new building construction to extend into the public right-of-way. Staff is supportive of the requested variances. Staff views the request as reasonable. Similar areas of outdoor dining can be found throughout the downtown area_ Most of the other areas of outdoor dining that have been approved encroach Into the right-of-way more than this request. Given the nature of the project in converting a portion of the parking deck for restaurant use, the number of outdoor seats related to indoor seats should not be an issue. APRIL 27, 2015 ITEM NO.. A (CON'T.) Additionally, staff has no issue with the proposed building encroachment into the right-of-way. As noted in the Public works comments (paragraph A, of this report), franchise permit approval will be required for the outdoor dining encroachment and building encroachment into the public right-of-way. The franchise permits will be reviewed by the Board of Directors. During this process, all public utility companies will also review the franchise requests. Board of Adjustment approval of the zoning variances does not guarantee that the franchise permits will be approved. Staff feels that this project will bring more pedestrian traffic to this area of Downtown Little Rock, and have a positive impact on the area. Staff believes that the proposed project with variances from the UU district requirements will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested variances from the UU district standards, subject to compliance with the Public Works requirements as noted in Paragraph A. of the staff report. BOARD OF ADJUSTMENT (March 9, 2015) Staff informed the Board that the applicant submitted a letter on February 11, 2015 requesting this application be deferred to the March 30, 2015 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the March 30, 2015 agenda. The vote was 5 ayes, 0 nays and 0 absent. The application was deferred. Staff Update: Issues have been raised by Central Arkansas Water regarding an existing water main in the immediate area. These issues need to be resolved prior to Board of Adjustment action. Staff recommends deferral to the April 27, 2015 agenda to allow time to resolve the issues. BOARD OF ADJUSTMENT (March 30, 2015) Staff informed the Board that the application needed to be deferred to the April 27, 2015 agenda, so that Central Arkansas Water issues could be resolved. The item was placed on the Consent Agenda for deferral to the April 27, 2015 agenda. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. Staff Update,: The applicant submitted a letter to staff on April 14, 2015 requesting this application be withdrawn, without prejudice. Staff supports the withdrawal request. APRIL 27, 2015 ITEM NO.: A (CONT BOARD OF ADJUSTMENT (April 27, 2015) Staff informed the Board that the applicant submitted a letter to staff on April 14, 2015 requesting this application be withdrawn, without prejudice. Staff supported the withdrawal request. The item was placed on the Consent Agenda for withdrawal, without prejudice. The vote was 4 ayes, 0 nays and 1 absent. The application was withdrawn. Mr. Monty Moore Department of Planning & Development 773 W. Markham Little Rock, Ar. 72201 RE: Board of Adjustment -The Shack Dear Monty, MOSES T UCRER REAL ESTATE January 21, 2015 Enclosed you will find an application for a sidewalk variance to accommodate a very exciting new restaurant concept for the River Market District. We have been working for several months with Tim Chappell, a very successful local restaurateur, and AMR Architects to tering „The Shack BBC" back to downtown Little (tock_ The concept is to repurpose the south face of the parking garage that serves the Capital Commerce Center . The garage, which fronts on f=ast 3"d between Rock & River Market Avenue was redesigned several years ago that enabled us to convert a dull, parking lot fagade into several retail storefronts. With "The Shack" we are attempting to create a sidewalk dining concept that will further enliven the neighborhood, and add a wonderful new dining establishment to the street & district. While virtually all the new restaurant space can be accommodated on or above the garage, we are seeking a franchise to encroach just over two (2) feet onto the sidewalk to create & encourage outdoor dining. The design includes fabric panels that can be open on nice days, year-round but can also create a dining enclosure in the winter or during inclement weather. The system is similar to the ones used by Local Lime at the Promenade & Big Orange at the Mid Towne Center. We appreciate your consideration of our request & will be glad to answer any questions you might have. Sincerely, }iInmyM es CC: Tim Chappell Rett Tucker Chris Moses CominerciaJ Brokerage . 14anagernent . Leasing Development . Consulting 200 River Market Ave., Suite 501 . Little Rock, Arkansas 72201 Phone 501-376-6555 • Fax 541-376-6699 www.raosestucker.com APRIL 27, 2015 ITEM NO.: 1 File No.: Owner. Applicant: Address: Description Zoned: McCain Lodging Downtown, LLC Michael Clifford, Winford Lindsay Architect Northwest corner of East 4"1 Street and Rock Street North side of East 4t" Street, between Rock and Cumberland Streets UU Variance Requested: Variances are requested from the height and development provisions of Section 38-342.1 allow construction of a new hotel building. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Building with Parking Proposed Use of Property: Hotel STAFF REPORT A. Public Works Issues: • The minimum height from the bottom of the awning to the sidewalk shall be 8 feet. • No structural supports for the awning shall encroach into the sidewalk. • The awning at the intersection of East 4th Street and the alley shall be 4 feet off of the back of curb, and shall have a radius that matches the radius of the curb. • A franchise permit must be obtained from Public Works prior to installation of the awnings in the right-of-way. B. Landscape and. Buffer Issues: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. Street trees shall be located a minimum of two (2) feet off the back of a curb and shall be thirty (30) feet on center and no closer than thirty (30) feet to a street intersection with a water source provided. The tree canopy shall be maintained at least eight (8) feet above the sidewalk. APRIL 27, 2015 ITEM NO.: 1 (CON'T.) 3. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. C. Staff Analysis: The UU zoned property at the northwest corner of E. 4th Street and Rock Street is occupied by a commercial building with paved parking area. Access drives from E. 411 Street and Rock Street serve the property. A paved alley runs along the west property line. The property is comprised of Lots 7-9 and a portion of Lot 10, Block 38, Original City of Little Rock; the southeast quarter of the overall block. The applicant proposes to construct a new seven (7) story hotel within the property, as noted on the attached site plan. The hotel will contain approximately 94,000 square feet. with a building height of 80 feet -4 inches at its highest point. An awning over the entry way area will extend approximately 5 feet from the building fapade into the Rock Street right-of-way area. An awning at the southwest corner of the building will extend approximately 3.5 feet into the E. 4th Street and alley rights-of-way. The awnings will have a clearance of 10 feet above the sidewalk area. The first floor facade along E. 41n Street will have 64 percent window coverage, The first floor facade along Rock Street will have a 37 percent window coverage. On September 29, 2014,. the Board of Adjustment approved this same hotel development within the southwest quarter of this block. The applicant has since decided to locate the hotel with the southeast quarter of the block. The applicant is requesting two (2) variances with the proposed hotel development. The first variance is from Section 36-342.1(e) of the City's Zoning Ordinance (UU zoning standards) which allows a maximum building height of 72 feet for new buildings in the UU zoning district. As noted above, the proposed hotel building will be 80 feet -4 inches at its highest point. Section 36-342.1(c)(8) requires that around -level (street fronting) floors of non- residential structures have a minimum surface area of 60 percent transparent or window display. As noted above, the first floor east fagade (along Rock Street) will have a window coverage of 37 percent. Staff is supportive of the requested variances from the UU zoning district standards for the new hotel development. Staff views the request as reasonable. Neither variance will be out of character with other buildings in the downtown area, including the River Market area. The proposed building height will not be out of character with other hotel and office buildings in this overall area. The reduced window display area is requested because of the operational -type uses related to the hotel which will be located within this area of the building. Staff believes the proposed hotel/parking lot project represents a quality redevelopment plan for this half block area along E. 41h Street. Approval of the requested variances should have no adverse impact on the adjacent properties or the general area. APRIL 27, 2015 ITEM NO,: 1 (CON'T.) D. Staff Recommendation: Staff recommends approval of the requested variances from the UU zoning district development criteria, subject to the following conditions: 1, Compliance with the Public Works requirements as noted in paragraph A. of the staff report. 2. Compliance with the Landscape and Buffer requirements as noted in paragraph B. of the staff report. 3. A Franchise Permit must be obtained from the Public Works Department for the proposed awnings which encroach into the public right-of-way. BOARD OF ADJUSTMENT (April 27, 2015) Staff informed the Board that the application needed to be deferred to the May 18, 2015 agenda, based on the fact that required notices to surrounding property owners were not sent. The item was placed on the Consent Agenda for deferral to the May 18, 2015 agenda. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. Date: March 27, 2014 City of Little Rock Department of Planning and Development Board of Adjustments 723 West Markham Little Rock, Arkansas To whom it may concern: PARCHrEUCT WINEORC LINNUSAY We are requesting three (3) variances of the Little Rock Code of Ordinance on behalf of Pinnacle Hotel Group. This is for the new construction of a Hilton Garden inn at the southeast portion of Block 38 of the Original Town of Little Rock (Lots 7 — 9 & the south 12' of Lot 10). - The owner would like to provide a public amenity to the hotel (addition of a bar), but because of prototype standards provided by Hilton, this could not be achieved on the first level. Had this retail space been provided on the first level the height limitations of 72' (Sec. 36-342.1.e) would have been increased by an additional 28'. We are requesting a variance to allow the hotel roof to be at 80'-9" (8'-9' above the allowable height). Based on the heights of surrounding structures, we feel this will not be intrusive to the existing environment. - To increase the pedestrian experience and accent the pedestrian entry, we will extend canopies beyond the 5'-0" limitations. All canopies will exceed the minimum height clearance (8'-0") by +2'-0 A covered drop-off will be provided for vehicular traffic along Rock Street. This will extend beyond the property fine, but will not exceed the 5'-0" maximum canopy coverage. Based on the interior layout requirements, we are requesting a reduction in the amount of storefront along Rock Street. Usage of these spaces accommodate some "Back -of -House" operations. ff there are any questions, please feel free to contact me at your convenience. Thank you for your assistance with this project, Sincerely, Michael Clifford Winford Lindsay Architect Cc: file 213050 W I N F 0 R D L I N D S A Y A R C H I T E C T 344 W. Pike Street, Lawrenceville, CA 30046 Voice. 770,963.8989 Fax: 770.822.9492 APRIL 27, 2015 ITEM No.: 2 File No.: Z -3619-D Owner: Coulson Oil Company, Inc. Applicant: Eddie Martin Address: 13400 Interstate 30 Description: Lot 1 R and 2R, Kay Wood Commercial Subdivision Zoned: C-4 Variance Requested: Variances are requested from the area provisions of Section 36-302 and the building line provisions of Section 31-12 to allow a building addition with reduced street side setback and which encroaches across a street side platted building line. Justification: The applicant's justification is presented in an attached Fetter. Present Use of Property: Convenience Store and Truck Stop with Gas Pumps Proposed Use of Property: Convenience Store and Truck Stop with Gas Pumps STAFF REPORT A. Public Works Issues: No Comments B, Landscape and Buffer Issues: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. Existing vehicular use areas may continue as nonconforming until such time as a building permit is granted to enlarge or reconstruct a structure on the property exceeding ten (10) percent of the existing gross floor area. At such time ten (10) percent of the existing vehicular use area shall be brought into compliance with this chapter and shall continue to full compliance on a graduated scale. 3. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site, Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. APRIL 27, 2015 ITEM NO.: 2 CONT. C. Staff Analysis: The C-4 zoned property located at 13,400 Interstate 30 is occupied by a one-story commercial building which houses a convenience store. The property is located at the northeast corner of 1-30 and Alexander Road. The convenience store building is located within the southwest portion of the property. Gas pumps with canopies are located on the east and north sides of the building. A cargo container is located at the southwest corner of the building and has been used for storage for several years. Paved parking and drives are located on all sides of the building. There are several access drives along the south and west, street fronting, property lines. A 40 foot platted building line exists along the south and west property lines. A portion of the southernmost gas pump canopy extends slightly across the front (south) ;platted building line, with a setback of approximately 19 feet from the front (south) property line. The applicant proposes to remove the old cargo container from the site, and construct a small building addition at the southwest corner of the existing convenience store building, as noted on the attached site plan. The building addition will be approximately 20 feet by 27 feet (540 sq. ft.) in size. The southwest corner of the addition will be located approximately 25 feet back from the west, street side, property line, extending approximately 15 feet across the street side platted building line. No other changes are proposed for this existing development.. Section 36-3012(d)(2) of the City's Zoning Ordinance requires a minimum street side setback of 45 feet for this C-4 zoned lot. Section 31-12(c) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the building addition with reduced street side setback and which crosses a street side platted building line. Staff is supportive of the requested setback and building line variances. Staff views the request as reasonable. The removal of the existing cargo container and replacement with a new building addition will be a nice improvement to the property. The new building addition will have only a minor encroachment across the platted building line. Only approximately 160 square feet of the building addition crosses the street side platted building line. Since a replat will be required for the building line encroachment, staff believes it appropriate to include the southern gas pump canopy's encroachment with the variance request and replat. The canopy encroachment is also a relatively minor corner encroachment. Only approximately 350 square feet of the 2,500 square foot canopy encroaches across the front platted building line. Staff feels that it is appropriate to allow the encroachments, as they should not interfere with vehicular circulation throughout the site or utilities. Staff believes that the proposed setback and building line variances will have no adverse impact on the adjacent properties or the general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted building line for the addition and APRIL 27, 2015 ITEM NO.. 2 CON'T. existing gas pump canopy. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. D. Staff Recommendation. Staff recommends approval of the requested setback and building line variances, subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the platted building line as approved by the Board. 2. Compliance with the Landscape and Buffer comments as noted in paragraph B. of the staff report. BOARD OF ADJUSTMENT" (April 27, 2015) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda for approval as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was approved. March 31, 2015 Department of Planning and Development ATTN: Monte Moore 723 West Markham Little Rock, AR Re: Application for Zoning Variance 13400 1-30 (informally known as County Line Road) Dear Monte, Post Office Box 68 North Little Rock. AR 72115-0068 Phone: 501-376-422,2 Fax Corp: 501-376-7904 Fax Accu. 501-376-4707 co ul sonoi l comp anti•. c om With the addition of the nearby Bass Pro Shop and Outlet Mall in the neighborhood, we think now is the perfect opportunity to remodel our convenience store located on the above property. We intend to upgrade the interior and exterior of the facility to like -new condition which will make the facility much more attractive than the ,present store and clean up the site. The existing building structure and roof drainage creates an opportunity to add to the building at the southwest corner as shown. The Building addition is presently sized at 570 square feet and will create a closed 'rectangle" footprint. In order to install new State of the Art interior bathroom facilities, we need to expand the footprint of the building into the 40 foot setback line by approximately 173 square feet. The attached site plan shows the encroachment in more detail. As part of the remodel, we wilt be removing the existing metal shed, which is currently encroaching on the setback line by approximately 240 square feet. In connection with this application, I have enclosed the following: 1. Application for Zoning 2. Six (6) copies of a site plan 3. Six (6) copies of survey 4. Filing fee of $205.00 Best regard artin rat Counsel ENCLOSURES PHILLIPS -� r SUPERF,T,,,.P .y VALERO r� APRIL 27, 2015 ITEM NO.: 3 File No.: Owner/Applicant: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: Z-9024 Doris Smith 923 Rice Street Northeast corner of Rice Street and W. 1 oth Street R-3 A variance is requested from the fence provisions of Section 36- 516 to allow a fence which exceeds the maximum height allowed. The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential The R-3 zoned property located at 923 Rice Street is occupied by a one-story frame single family residence. The property is located at the northeast corner of Rice Street and W. 1 ath Street. Two (2) small metal storage buildings are located within the rear yard area, along the north side property line. The applicant recently constructed a six (6) foot high wood fence to enclose the rear yard area and a portion of the street side yard area, as noted on the attached site pian. The fence extends from both back corners of the house and runs along the north and south side property lines and along the rear (east) property line. A portion of the fence is located between the five (5) foot side building setback line and the south, street side, property line. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences located between building setback lines and street rights-of-way and a maximum height of six (6) feet for fences located elsewhere on a residential lot. Therefore, the applicant is requesting a fence height variance to allow the six (6) foot high wood fence to be located between the 5 foot side building setback and the W. loth Street right-of-way. APRIL 27, 2015 ITEM NO.: 3 CON'T. Staff is supportive of the requested fence height variance. Staff views the request as reasonable. Only approximately 34 linear feet of the new fence is located between the side building setback line and the W. 101h Street right-of-way. The rest of the fencing complies with ordinance requirements. The southwest corner of the overall fence is located 60 feet back from the southwest corner of the lot/Rice Street and W. 10th Street intersection. Therefore, the new fence creates no sight/distance issues. Additionally, the taller fence along the W. 10'" Street right- of-way will help reduce the amount of excess noise and light for the rear yard area. Staff believes the proposed fence with increased height along the street side property line will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested fence height variance, subject to a building permit being obtained for the fence construction. BOARD OF ADJUSTMENT (April 27, 2016) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion.. The item was placed on the Consent Agenda for approval as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was approved. Department of Planning and Development -p Zoning & Enforcement Administration 723 VV Markhman Street Little Rock, AR 72201 March 16, 20115 Dear Zoning & Enforcement Administration This proposal letter is to request the grant of a Variance for my residence at 923 S. Rice Street in Little Rock, Arkansas. The variance requested is relatively minor, the fence that has been placed around the side and back of my house is 6 Feet and the South side of the fence should have been 4 Feet. I am requesting a variance allowing the fence to be built around the residential property, generally following the property line, but which in one area it is 2 Feet higher than approved. This problem has occurred in primarily one area on the South side of the property on W. 1®th Street. My reason for this size fence is that, I live alone and that size privacy fence is for my safety and it also makes me feel more secure. Allowing this variance for the increased home security does not encroach or infringe on any neighboring residential properties, nor would it impose any hardship on any neighbors, nor would it serve to create a situation where any neighbor's quality of life, property value, or peaceful co -existence would be negatively affected. Thanking you in advance for granting this variance. Sincerely, Doris Smith APRIL 27, 2015 ITEM NO.: 4 File No.: Z-9025 Owner/Applicant: Keith Jordan Address: 600 E. 1711 Street Description: Northeast corner of E. 1 PI Street and Park Lane Zoned: R-4 Variance Requested: Variances are requested from the area previsions of Section 36- 256 and 36-156 to allow a carport addition with reduced rear setback and a storage building with reduced separation from the principal structure. 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: • Per section 30.5 of the City of Little Rock's Code of Ordinances, streets and sidewalks shall not be blocked or obstructed. B. Staff Anal The R-4 zoned property located at 600 E. 17th Street is occupied by a one-story frame single family residence. The property is located at the northeast corner of E. 17th Street and Park Lane. The property is comprised of the south 78 feet of Lot 12 and a portion of Lot 11, Block 12, Bragg's Addition, and is 61 feet by 78 feet in area. The lot is platted front to back from south to north. The house is located 25.5 to 26 feet back from the front (south) property line, five (5) feet back from the east and west side property lines, and 23.5 to 24.5 feet back from the rear (north) property line. There is a two -car wide driveway from Park Lane near the northwest corner of the lot. The applicant recently constructed an attached carport/covered patio over a portion of the driveway and placed a metal storage building in the rear yard area, both noted on an attached site plan. The new carport/covered patio maintains the five (5) foot setback from the west side property line and is approximately six (6) feet to 13.5 feet from the rear (north) property line. The carport/covered patio is unenclosed on its north, east and west sides. The carport/covered patio is 17.5 feet by 14 feet and 10 feet by 14 feet in area. The detached metal storage building APRIL 27, 2015 ITEM NO.: 4 (CON"T.) is located at the northeast corner of the residence. The storage building is 9.9 feet by 11.7 feet in area. It is located five (5) feet from the east side property line, 11 feet from the rear (north) property line, and is separated from the house by 3.5 feet. Section 36-256(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for R-4 zoned lots (principal structures). Section 36-156(a)(2)b. requires that accessory structures be separated from principal structures by at least six (6) feet. Therefore, the applicant is requesting variances from these ordinance standards to allow the carport/covered patio addition with a reduced rear setback and the accessory building with a reduced separation from the principal structure. Staff is supportive of the requested setback and separation variances. Staff views the request as reasonable. The residential lot has a relatively shallow depth of 78 feet, with the existing house maintaining the required front and rear setbacks. The proposed development of this lot will not be out of character with the general area. There are other small developed lots in the area. The proposed carport/covered patio will be unenclosed on its north, east and west sides. This will lessen any visual impact it will have on surrounding properties. Staff believes that the proposed carport/covered patio with reduced rear setback and the metal storage building with reduced separation will have no adverse impact on the surrounding properties or general area. C. Staff Recommendation: Staff recommends approval of the requested rear setback and separation variances, subject to the following conditions: Compliance with the Public Works comment as noted in paragraph A. of the staff report. 2. The carport/covered patio addition must remain unenclosed on its north, east and west sides. 3. There are to be no additional accessory structures placed/constructed on the site. BOARD OF ADJUSTMENT (April 27, 2015) Keith and Jackie Jordan were present, representing the application. There was one (1) person present in opposition. Staff presented the application with a recommendation of approval. Keith Jordan addressed the Board in support of the application. He explained that the carport cover was added to protect his vehicle and for trips from the vehicle to the APRIL 27, 2015 ITEM NO.: 4 (CON'T.) house. He also noted that it provided covered outdoor living space. He noted that the metal building was added for storage. W.A. Scarborough addressed the Board in opposition. He stated that he lived at 2321 W. 171' Street and owned the property immediately north of the subject property. He explained that he was in a property dispute with the Jordans regarding the placement of the fence between the two (2) properties. He also expressed concern with the number of vehicles owned by the Jordans. He stated that they owned four (4) vehicles and parked on the street in front of his property. He presented the Board with a letter of complaint. Chairman Yates explained that the property line dispute and number of vehicles owned by the Jordans were not issues which could be considered by the Board. Staff noted that the survey of the property completed on March 17, 20115 showed the building setbacks as noted in the "staff analysis". Carolyn Lindsey Palk asked Mr. Scarborough if he had a survey of his property. He stated that he did not, but that he had a copy of the deed. Chairman Yates asked if the Board could proceed with the vote based on the survey as submitted. Debra Weldon, City Attorney, stated that the Board could proceed with a vote on the setback and separation variances, but could not address the property dispute. There was a motion to approve the application, as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was approved. g-- 0;-5 Keith M. and Jacquelyn D. Jordan 600 East 17th Street Little Rock, AR 72206 March 18, 2015 To Whom It May Concern: We the Jordan's have lived at boo East 17th Street since 2005. We bought the house with no carport or storage building. Over the years we have deemed it necessary for a carport and a shed. The shed was necessary because in time we have acquired things like bicycles for the children, lawn mower to cut the grass, etc. which was crowding the home. We also added a carport to the home because of weather conditions, for example, rain, sleet and snow. This carport will provide us coverage so we won't have to get wet and it will prevent the snow and ice from being all over the steps and the driveway. It also provided shade to be able in the spring and summer to sit under a covered patio with the family. We hope this would be great justification for our add-on to our home. Sincerely, Keith and Jackie Jordan APRIL 27, 2315 ITEM NO.: 5 File No.: -9026 Owner/Applicant: Allyson Miller Address: 1717 N. Harrison Street Description: Southeast corner of N. Harrison Street and Cantrell Road Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36- 254 to allow a building addition with reduced front and rear setbacks. 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 lssues: • Per section 30.5 of the City of Little Rock's Code of Ordinances, streets and sidewalks shall not be blocked or obstructed. B. Staff Analvsis: The R-2 zoned property located at 1717 N. Harrison Street is occupied by a one- story frame single family residence, The property is located at the southeast corner of N. Harrison Street and Cantrell road. The property is comprised of the west 70 feet of Lots 10 and 11, Block 4, Eaglewood Addition, and is 70 feet by 96.5 feet in area. The lot is platted front to back from west to east. The house is located within the north half of the property. A one -car wide driveway from N. Harrison Street is located at the southwest corner of the property. The driveway leads to a small frame garage located at the southeast corner of the lot. The applicant proposes to remove the small frame garage from the site and construct a new 1 1/2 story addition to the south side of the residence, as noted on the attached site plan. The proposed addition will include a garage with living space above. The addition will be located 15.5 feet back from the front (west) property line, 9.5 to 9.8 feet back from the south side property line and 7.3 to 7.6 feet back from the rear (east) property line. A new two -car wide driveway from N. Harrison Street will be constructed on part of the project. APRIL 27, 2015 ITEM NO.; 5 (CON'T] Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet (from the west property line) for this R--2 zoned lot. Section 36- 254(4)(3) requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances from these ordinance requirements to allow the proposed building addition with reduced front and rear setbacks. Staff is supportive of the requested setback variances. Staff views the request as reasonable. The proposed front setback of 15.5 feet represents only a relatively minor encroachment. The existing house has a setback of 26.8 feet from the front (west) property line. This is similar to several of the other houses to the south along this block face. The proposed addition will extend only approximately five (5) feet closer to the front property line than these existing houses. With respect to the reduced rear setback, the lot has a depth of only 70 feet. The proposed rear setback of 7.3 to 7.6 feet will not be out of character with other rear setbacks for houses and large accessory buildings in this general area. With the building addition; the overall lot coverage will be approximately 40 percent Forty (40) to sixty (60) percent lot coverage is typical for single family lots. Staff believes that the proposed addition will be in keeping with the character of the neighborhood, and should have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation. Staff recommends approval of the requested front and rear setback variances, subject to the following conditions: 1. Compliance with the Public Works comment as noted in paragraph A. of the staff report. 2. There are to be no additional accessory structures placed/constructed on the site. BOARD OF ADJUSTMENT (April 27, 20315) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda for approval as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was approved. -14, ':�:' To: Department of Planning and Development, Board of Adjustment 'F — 1 0.7— From; Allyson Miller, 1717 North Harrison Street, Little Rock, Arkansas 72207 RE: Residential Zoning Variance Application I am requesting a zoning variance for an addition to my home at 1717 North Harrison Street also known as 5151 Cantrell Avenue, When I purchased this two-bedroom home, I was single. I am now married with three young daughters, all of whom are sharing a bedroom on the northwest corner of the house. We would like to build an addition on the back of our house to provide more living space for our family. We also would like to add on for safety reasons. Cantrell was widened after the house was built, moving the house closer to the highway traffic, and access to the elementary school and Prospect Terrace creates a lot of traffic on our street and at our intersection. Due to the number of accidents that have occurred and the drivers who have used our yard as an exit route, it is a top priority of ours to create a safer sleeping space for our family at the rear of the house. The addition would also include an attached garage, which would enable us to load and unload our children safely. We have made multiple attempts to sell our home but have been unable to sell the property for a desirable price, partially due to the same reasons stated above. We are very fond of the elementary school and Its proximity to our house and would really like to stay in the neighborhood and make our house work. The proposed addition affects the east, west and south sides of the house. The addition is not any closer to Harrison Street on the east side as our current porch. It is not any closer on the south side to the house next to us on Harrison Street as our current driveway and old, detached garage/shop, which will be torn down. The addition would not go back as far as our aid, detached garage/shop does now on the west side, and the addition would back up only to the carport of the house next to us on Cantrell, not to the actual house. So, it should not be a fire hazard. Thank you for reviewing our application. APRIL 27, 2015 ITEM Nd.: 6 File No.: Z-9027 Owner: Molly Molitor Rev. Trust Applicant: Boyce Holmes Address: 5800 Hawthorne Road Description: Northwest corner of Hawthorne Road and N. Pierce Street Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36- 254 to allow construction of a new residence with 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 W Public Works Issues: • Per section 30.5 of the City of Little Rock's Code of Ordinances, streets and sidewalks shall not be blocked or obstructed. B. Staff Analysis: The R-2 zoned property at 5800 Hawthorne Road is occupied by a one-story brick single family residence. The property is located at the northwest corner of Hawthorne Road and N. Pierce Street. The property backs up to W" Street which runs along the north property line. The existing house is located approximately 35 feet back from the front (south) property line, eight (8) to 9.5 feet back from the east and west side property lines, and approximately 15 feet back from the rear (north) property line. A carport is located on the north end of the residence, with a two -car wide driveway from N. Pierce Street at the northeast corner of the property. The applicant proposes to remove the existing house from the property and construct a new two-story single family residence, as noted on the attached site plan. The proposed residence will be located 35 feet back from the front (south) property line, seven (7) to 11.8 feet back from the east and west side property lines and 15 feet back from the rear (north) property line. APRIL 27, 2015 ITEM IVO.: 6(CON'T.L. The applicant is maintaining the 35 foot front setback in order to preserve an existing large oak tree (approximately 42 inches in diameter) in the front yard area. A garage will be located at the north end of the proposed residence. The existing driveway will be utilized to access the new garage area. 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 from this ordinance requirement to allow the new residence with a reduced rear setback of 15 feet, All other setbacks conform to ordinance requirements. Staff is supportive of the requested rear setback variance. Staff views the request as reasonable. The proposed rear setback of 15 feet will not be out of character with other properties to the east and west, which back up to W" Street. "V" Street essentially functions as an alley, from N. Taylor Street to the west. There are numerous accessory buildings and principal structures with similar or less setback from the "V" Street right-of-way. The residences along the north side of `V" Street have side yard relationships to the right-of-way, with many of the residences having setbacks of approximately five (5) feet. As noted previously, the existing house has a 15 foot setback from the rear (north) property line. Staff believes the proposed new residence with reduced rear setback will have no adverse impact on the adjacent properties or general area. C. Staff Recommendation: Staff recommends approval of the requested rear set back variance, subject to the following conditions: Compliance with the Public Works comment as noted in paragraph A. of the staff report. 2. There shall be no accessory/detached buildings constructed on the site, BOARD OF ADJUSTMENT (April 27, 2015) Boyce Holmes was present, representing the application. There was one (1) objector present. Staff presented the application with a recommendation of approval. Boyce Holmes addressed the Board in support of the application, He noted that he lived in the neighborhood. He explained that the proposed house was located ten (10) feet further back on the lot to save an existing large oak tree located in the front yard area. Phillip Baldwin, representing Ginger Murry of 5806 Hawthorne, addressed the Board in opposition. He noted that he designed Ms. Murry's house immediately to the west of APRIL 27, 2015 ITEM NO.: 6_(CON'T.) the subject property. He explained that the proposed two-story house would shade Ms. Murry's house and garden area. He noted that building elevations and materials needed to be submitted. He stated that the proposed house design did not take under consideration the surrounding properties. Mr. Holmes explained that the proposed house would have essentially the same building footprint as the existing house. Carolyn Lindsey Polk asked if the entire footprint of the proposed house would be two-story in height. Mr. Holmes indicated that the entire footprint had a two-story height. Chairman Yates explained that issues related to building design and building materials/colors were not issues which the Board could consider or regulate. He briefly discussed the Heights neighborhood and new homes in the area. There was a motion to approve the application as recommended by staff. The motion passed by a vote was 4 ayes, 0 nays and 1 absent. The application was approved. Moore, Monte From: Boyce Holmes <boyceholmes@yahoo.com3 Sent: Monday, March 30, 2015 9:22 AM To: Moore, Monte Subject: 5800 Hawthorne Monte Please let this serve as the cover letter for our request for a variance at 5800 Hawthorne We are asking for a 15 foot rear setback on the property this is the only variance that we are requesting The home that currently sits on the property uses a 15 foot rear setback The main reason we want the variance is so that we can try to save a large oak tree(approximately 42 inches in diameter) that is in the front yard Thank you for your consideration Boyce HBHBuilders Inc. Boyce h o l me s 2ya hon. corn (501) 804-3223 APRIL 27, 2015 ITEM NO.: 7 File No.: Z-9628 Owner: JCJ Holdings Applicant: Jeff Lewis Address: 5225 "R" Street Description: Southeast corner of "R" Street and N. Harrison Street Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36- 254 to allow a building addition with reduced front and side setbacks. 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 located at 5225 "R" Street is occupied by a one-story brick and frame single family residence. The property is located at the southeast corner of "R" Street and N. Harrison Street. The property is comprised of the west half of Lot 6, Block 1, Englewood Addition, and is 50 feet by 70 feet in area. The lot is platted front to back from west to east. A carport and driveway from "R" Street are partially on this property, with the majority on the property immediately to the east. The carport and drive are shared by the two (2) properties. The applicant proposes to construct a 13 foot by 20 foot building addition on the west side of the house, as noted on the attached site plan. The addition will be located 3.7 feet to four (4) feet back from the front (west) property line and four (4) feet back from the south side property line. The proposed addition will be one (1) story in height, and include a second bathroom for the residence. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet (from the west property line) for this R-2 zoned lot. Section 36- 254(d)(2) requires a minimum south side setback of five (5) feet. Therefore,. the APRIL 27, 2015 ITEM NO.: 7 (CON'T.) applicant is requesting variances from these ordinance requirements to allow the building addition with reduced front and side setbacks. Staff does not support the requested setback variances as flied. It is staff's opinion that the proposed building addition represents too much of an encroachment into the required front yard setback of 25 feet. As noted above, the building addition is proposed with a front setback ranging from 3.7 feet to four (4) feet, an encroachment of approximately 84 percent. The existing house is 23.7 feet to 24.3 feet back from the front (west) property line, The existing house lines up with the other five (5) existing houses to the south, along the block face between "R" Street and Cantrell Road. There are no other front encroachments along this block face even close to what is being proposed by the applicant. Staff believes the proposed building addition with reduced front setback will be out of character with this immediate neighborhood, and will have an adverse impact on the properties to the south along N. Harrison Street. C. Staff Recommendation: Staff recommends denial of the requested front and side setback variances. BOARD OF ADJUSTMENT (April 27, 2015) Staff informed the Board that the applicant submitted a letter on April 24, 2015 requesting this application be deferred to the May 18, 2015 agenda Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the May 18, 2015 agenda. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. T�, �ti 7 2- 9O Z8 Cover Letter The applicant requests a variance for the proposed addition to the existing structure. The variance is requested due to the limitations of the lot size and current setback from the back of curb on Harrison Street. The proposed addition is for a second bathroom for the structure. The existing bathroom is insufficient to meet the needs of the owners. All work will be done by a licensed contractor and will meet all codes and standards set forth by the governing bodies. The exterior of the addition will be completed in a style that keeps with the style and architecture of the neighborhood. Also the owner would like to add a brick retaining wall around the yard so that the landscaping can be completed and to eliminate the existing erosion problem created by the steep slope from the yard which washes onto the sidewalks and into the street. APRIL 27, 2015 .ITEM NO.: 8 File No.: Owner: Applicant: Address. Description.- Zoned: escription:Zoned: Variance Requested: Justification; Present Use of Property: Z-9029 Dr. Robin Hickerson Wayne Turner 405 Louise Street Southwestern corner of Louise Street and Charles Street R-3 A variance is requested from the fence provisions of Section 36- 516 to allow a fence which exceeds the maximum height allowed. The applicant's justification is presented in an attached letter. Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT I-1 Public Works Issues: No Comments Staff Anaiysis: The R-3 zoned property located at 405 Louise Street is occupied by a two-story frame single family residence. The property is located at the southwestern corner of Louise Street and Charles Street. The lot is platted front to back from east to west, with the front property line being along the Charles Street right-of-way. The existing house is located approximately 22 feet back from the front property line at its nearest point. A existing six (6) foot high wood fence is located along the south side property line, and runs to within four (4) feet of the southeastern corner (front property line) of the lot. The applicant recently constructed new six (6) foot high wood fencing on the east and west ends of the existing house, as noted on the attached site plan. The fence on the east side of the house extends from the northeast cornet- of the residence to the front property line (along Charles Street) and ties into the existing six (6) foot high wood fence along the south side property line. The fence on the west side of the residence encloses a portion of the rear yard area. APRIL 27, 2015 ITEM NO.: 8 CUNT. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences located between building setback lines and street rights-of-way and a maximum height of six (6) feet for fences located elsewhere on a residential lot. Therefore, the applicant is requesting a fence height variance to allow the six (6) foot high wood fence to be located between the 25 foot front building setback and the Charles Street right-of-way, Staff is supportive of the requested fence height variance. Staff views the request as reasonable. Although staff typically does not support six (6) foot high fences that extend into front yard areas, as the homes to the south have front yards along Charles Street, this situation is much different than what is typically reviewed. As noted above, there is an existing six (6) foot high wood fence which runs along the south side property line of the subject property, to within four (4) feet of the front property corner. The houses to the south along Charles Street generally have front setbacks less than the 25 foot typical front setback. There are two (2) or three (3) places between some of the residences that have evergreen/landscaped screens that run to/near the front property lines along Charles Street. Therefore, there are existing visual "screens" between the houses along Charles Street, with no unobstructed view dawn the block front. The proposed fence only adds approximately four (4) linear feet of fence to the "front yard" area, and does not create any additional adverse visual impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested fence variance, subject to the following conditions: The applicant must submit written approval from the Public Works Traffic Engineering division. 2. A permit must be obtained for the fence construction. BOARD OF ADJUSTMENT (April 27, 2015) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. Staff added one (1) condition to the "staff recommendation" as follows: 3. The fence must not be located in the public right-of-way. The item was placed on the Consent Agenda for approval as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was approved. Rabin Hickerson 405 Louise Street Little Rock, AR 722015 March 28, 2015 Mr. Monte Moore Department of Planning and Development 723 W. Markham Little Rock, AR 72201 Re: Board of Adjustment for 405 Louise Street Fence Variance Dear Mr. Moore, I am requesting a zoning variance for a fence on my single family dwelling at the corner of Louise and Charles Streets. My lot is an unusual shape in that 1 have very little front and back yard but the lot is very wide. Most of my useable area is on either side of the house. I need space for the younger members of my family to play safely and securely. 1 also need to have ready access to there. My main living floor is at street level in the front but at second floor level in the back, If they play in the backyard, I cannot monitor them well without standing on tip- toe at my kitchen countertop. If I need to get to them, I have to run down a narrow flight of basement stairs and out the basement door. The only room on the main floor they can be in eye -sight and within seconds reach is the sun room on the Charles side of the yard. The fence needs to come in front of the sunroom door to allow egress to the side and back yard quickly. Due to the angle of the fence, there is no obstruction to the line -of -sight for drivers at the street corner. The fence on the opposite side of the yard on the aily has an area designated for off street parking. I have recently had a computer and other items stolen from the trunk of my locked car which was parked right in front of my mouse. Being able to park off street may be a little safer. My back yard neighbors and my immediate Charles Street neighbors like the fence and see no problems with it. Other neighbors and people walking on the street tell me it is a very attractive fence and an asset to the neighborhood. I have had no complaints about the fence which should look even better with a little landscaping. Thank you for considering my request for zoning variances. Sincerely, Robin Hi "arson 0 U W w W D F - Z W ii 0 �j 0 Im W d C�, ►O I F - Z LLI CLl ui d z 0 W 71TFF- .yv t, J W r 7 0 2 W of 0U m Li LL LU I z W t� F (D w F- } } J 0 Q CJ S JW W M U- W W�f I[� 'o4 ~ V Y /LUn V LU I LL! I 9f C�, ►O I F - Z LLI CLl ui d z 0 W 00 J W 7 0 2 W of 0U m Li LL LU W U)Y z Z --:312 W t� F (D w F- } C�, ►O I F - Z LLI CLl ui d z 0 W APRIL 27, 2015 There being no further business before the Board, the meeting was adjourned at 2:43 P.m. Date: Chairman