boa_08 31 2015LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
AUGUST 31,2015
2:00 P.M.
I.Roll Call and Finding of a Quorum
A Quorum was present being five (5)in number.
II.Approval of the Minutes of the Previous Meetings
The Minutes of the July 27,2015 meeting were
approved.
I I I.Members Present:Jeff Yates,Chairman
Brad Wingfield,Vice Chairman
Carolyn Lindsey Polk
Rajesh Mehta
Robert Tucker
Members Absent:None
City Attorney Present:Debra Weldon
1
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
AUGUST 31,2015
2:00 P.M.
I.OLD BUSINESS:
A.Z-9046 4308 Asher Avenue
B.Z-962-C 7514 Cantrell Road
C.Z-3371-AAA 600 Colonel Glenn Plaza
D.Z-3660-G 6 Bass Pro Drive
E.Z-9051 1917 N.Spruce Street
II.NEW BUSINESS:
1.Z-8582-A 5001 Hawthorne Street
2.Z-8638-A 1606 Blair Street
3.Z-9065 43 Beverly Place
4.Z-9066 1904 N.Jackson Street
5.Z-9067 5510 Edgewood Road
AUGUST 31,2015
ITEM NO.:A
File No.:Z-9046
Owner:Paul Eller
Applicant:Cody Burns
Address:4308 Asher Avenue
Description:North side of Asher Avenue,between Peyton and Lewis Streets
Zoned:C-3
Variance Requested:A variance is requested from the parking provisions of
Section 36-502 to allow a restaurant use within an existing
commercial building with a reduced number of parking
spaces.
Justification:The applicant's justification is presented in an attached letter.
Present Use of Property:Commercial Building
Proposed Use of Property:Restaurant with Bar Service
STAFF REPORT
A.Public Works Issues:
No Comments.
B.~Rt A
The C-3 zoned property located at 4308 Asher Avenue is occupied by a one-story
commercial building.The property is located on the north side of Asher Avenue,
east of Peyton Street.The existing commercial building has an area of
approximately 2,327 square feet (25 feet by 93.1 feet).The commercial lot is 25
feet wide,with a depth of 146 feet.A small fenced asphalt area is located at the
rear (north)of the building.This area will allow for the parking of the two (2)
vehicles,with access from a paved alley which runs along the rear (north)property
line.The property has a history of general retail-type use,with a nonconforming
parking status.Past use of the property requires a minimum of seven (7)on-site
parking spaces.Therefore,the nonconforming parking status is for a shortage of
five (5)spaces.
The applicant is now proposing to occupy the existing building with a restaurant
use with bar service.As part of the proposal,the applicant has provided a written
1
AUGUST 31,2015
ITEM NO.:A CON'T.
agreement for use of the parking lot at 4203 Asher Avenue.The property at 4203
Asher Avenue is located across Asher Avenue to the southeast,at the southwest
corner of Asher Avenue and Lewis Street.The property contains a convenience
store with gas pumps.There is paved parking for 16 to 18 vehicles on the site.
There is no paved parking behind the building.
Section 36-502(b)(3)c.of the City's Zoning Ordinance requires a minimum of 23
on-site parking spaces for the proposed restaurant use.The property has a
nonconforming status/credit for five (5)parking spaces.Therefore,18 on-site
parking spaces are required.As noted previously,there are two (2)paved parking
spaces at the north end of the existing building.Therefore,the applicant is
requesting a variance to utilize the existing building for a restaurant use with a
reduced number of on-site parking spaces.
Staff does not support the requested parking variance.Staff views the applicant's
proposed plan for parking as unreasonable.The applicant is proposing to utilize
the existing parking for the convenience store at 4203 Asher Avenue as the
primary parking for his restaurant use.The convenience store is open and
operating from 6:00 a.m.to 2:00 a.m.daily,and later on weekends (5:00 a.m.).
Staff estimates the parking requirement for the convenience store to be
approximately eight (8)spaces.Therefore,there are only eight (8)to ten (10)
available spaces for use by the proposed restaurant.However,staff has great
concern with the proposed plan to use the parking across Asher Avenue from the
proposed restaurant use.Staff feels that this will create a life-safety issue.Asher
Avenue is a major arterial roadway.Staff believes that it will be very unsafe for
pedestrians to cross back and forth across Asher Avenue between the proposed
restaurant and off-site parking area,especially at night after dark.Staff believes
that there is not enough available parking in this general area to allow the
commercial building at 4308 Asher Avenue to be converted to a restaurant-type
use.Staff believes that the best use for the building would be a retail-type use with
daytime hours.
C.Staff Recommendation:
Staff recommends denial of the requested parking variance.
BOARD OF ADJUSTMENT (June 29,2015)
Staff informed the Board that the applicant requested this application be deferred to the
July 27,2015 agenda in order to explore other parking options in the area.Staff
supported the deferral request.
The item was placed on the Consent Agenda for deferral to the July 27,2015 agendaasrecommendedbystaff.The vote was4 ayes,0 nays and 1 absent.The application
was deferred.
2
AUGUST 31,2015
ITEM NO.:A CON'T.
BOARD OF ADJUSTMENT (July 27,2015)
Staff informed the Board that the applicant requested this application be deferred to the
August 31,2015 agenda in order to explore other parking options in the area.Staff
supported the deferral request.
The item was placed on the Consent Agenda for deferral to the August 31,2015
agenda as recommended by staff.The vote was 4 ayes,0 nays and 1 absent.The
application was deferred.
BOARD OF ADJUSTMENT (August 31,2015)
The applicant was not present.The issue of deferral was discussed by the Board.Staff
recommended deferral to the September 28,2015 agenda.
There was a motion to defer the application to the September 28,2015,as the last
deferral to be granted for this application.The motion passed by a vote of 5 ayes,0
nays and 0 absent.The application was deferred.
3
Cody Burns
50/50 Sports Den
4308 Asher Avenue
Little Rock,AR 72204
May 5,2015
Little Rock Board of Adjustment
Department of Planning and Development
723 West Markham
Little Rock,AK
Little Rock Board of Adjustment.
The attached application is a proposal for a variance from the requirements of the Zoning
Ordinance.Due to a need for additional parking for 50/50 Sports Den located at 4308 Asher
Avenue in Little Rock,I am requesting a variance from those requirements.
Currently,my business lot accommodates nine parking spaces;four directly at the street entrance
and five directly at back entrance of the building.The unusual configuration of the current lot
does not provide the necessary parking that will fully accommodate the business;therefore,I am
seeking a variance in order to acquire additional parking through other owners within boundaries
of the building.
With the approval of this application I will be able to continue the acquisition of additional
permits and licenses needed to complete the opening of 50/50 Sports Den.I hope that this
variance may be approved based on the provided justifications.If you require any additional
information regarding this request,please let me know.
Sincerely,
Cody Burns
nclosure
g —Pu$4
Business Parking Agreement
8p~owner of property located at 4203 Asher Avenue,Little Rock,
Arkansas grant full access of my business parking lot to Cody Burns,50/50 Sports Den located at 4308
Asher Avenue,Little Rock,Arkansas and its patrons.The parking may be used during and/or after normal
business hours.Parking may be utilized in the front and/or rear of said property.
id ~
Lessor Date
Lessee Date
AUGUST 31,2015
ITEM NO.:B
File No.:Z-962-C
Owner:SC 7 Cantrell,LLC
Applicant:Wendy Reid,Ace Sign Company
Address:7514 Cantrell Road
Description:Northeast corner of Cantrell Road and Keightly Drive
Zoned:C-3
Variance Requested:A variance is requested from the sign provisions of Section 36-
557 to allow two (2)wall signs without street frontage.
Justification:The applicant's justification is presented in an attached letter.
Present Use of Property:Restaurant-Under Construction
Proposed Use of Property:Restaurant
STAFF REPORT
A.Public Works Issues:
No Comments.
5"
The C-3 zoned property at 7514 Cantrell Road is occupied by a restaurant building
(Slim Chickens)which is currently under the early stages of construction.The
property is located at the northeast corner of Cantrell Road and Keightly Drive.
The restaurant building will be located near the center of the site,with paved
parking on the east,west and south sides of the building.Access drives from
Cantrell Road and Keightly Drive will serve the property.A drive-thru lane will be
located on the east,west and north sides of the building.
In addition to the allowed wall signage and ground-mounted signage,the applicant
is proposing wall signs on the east and north building facades,as noted on the
attached site plan and sign graphics.A logo sign,approximately 15 square feet in
area,is proposed on the north facade.A logo sign with the business name,
approximately 16 square feet,is proposed on the east facade.Neither of these
building facades have (face)street frontage.
AUGUST 31,2015
ITEM NO.:B CON'T.
Section 36-557(a)of the City's Zoning Ordinance requires that all wall signs must
face required street frontage.Therefore,the applicant is requesting a variance
from this ordinance standard to allow the wall signs on the east and north building
facades with no direct street frontage.
Staff does not support the variance,as requested.Although staff does support the
proposed sign on the east facade,staff does not support placement of the sign on
the north facade.Staff supports the sign on the east facade specifically because
the main entry to the building is located on the east facade.The ordinance allows
wall signage on the south and west building facades,as well as on two (2)ground-
mounted signs (one (1)per street frontage).With the amount of signage that is
allowed by right,staff does not believe signage on the north facade will be needed.
Staff believes the allowed signage,with the addition of a wall sign on the east
facade,will adequately identify the building/business to vehicles on the
surrounding roadways.
C.Staff Recommendation:
Staff recommends denial of the requested variance to allow wall signage without
street frontage,as filed.
BOARD OF ADJUSTMENT (July 27,2015)
Staff informed the Board that the application needed to be deferred to the August 31,2015 agenda,based on the fact that the applicant failed to complete the required
notifications to surrounding property owners.
The item was placed on the Consent Agenda for deferral to the August 31,2015
agenda as recommended by staff.The vote was 4 ayes,0 nays and 1 absent.The
application was deferred.
BOARD OF ADJUSTMENT (August 31,2015)
The applicant was present.There were no objectors present.Staff informed the Board
that the applicant had revised the application to remove the request for the wall sign on
the north facade.Staff supported the request for the wall sign on the east facade.
There was no further discussion.
The item was placed on the Consent Agenda for approval as revised by the applicant
and recommended by staff.The vote was 5 ayes,0 nays and 0 absent.The revised
application was approved.
2
z4~s.
SlgA COITlPBAQ
Slim Chickens
7514 Cantrell Rd.
Little Rock,AR 72207
To Whom lt May Concern,
Slim Chickens is requesting a variance to allow additional signage on the East and North
elevations for visibility to the parking lot and drive-thru areas.
Respectfully,
\
AUGUST 31,2015
ITEM NO.:C
File No.:Z-3371-AAA
Owner:Playtime Partnership,LLC
Applicant:Mark Redden,Holloway Engineering
Address:600 Colonel Glenn Plaza Loop
Description:South end of Colonel Glenn Plaza Loop
Zoned:C-3
Variance Requested:Variances are requested from the sign provisions of Section
36-555 to allow a ground-mounted sign with increased
height and area.
Justification:The applicant's justification is presented in an attached letter.
Present Use of Property:Restaurant with inside amusement
Proposed Use of Property:Restaurant with inside amusement
STAFF REPORT
A.Public Works Issues:
No Comments
B.B~BA
The C-3 zoned property at 600 Colonel Glenn Plaza Loop is occupied by a
Playtime Pizza facility.The property is located near the south end of Colonel
Glenn Plaza Loop,south of the Rave Theater.A two-story commercial building
housing the pizza restaurant/arcade is located within the west half of the property.
Paved parking is located on the north and east sides of the building.
On February 25,2001 the Board of Adjustment approved variances for increased
sign height and area for a subdivision sign along the east property line (l-430
frontage)of 600 Colonel Glenn Plaza Loop.The sign was approved with a
maximum height of 50 feet and an area of approximately 400 square feet.The
sign has been installed and is internally lighted.The sign is to contain the names
of businesses within the Glenn Ridge Crossing Subdivision.The sign variances
were approved with the following conditions:
AUGUST 31,2015
ITEM NO.:C CON'T.
1.A sign permit must be obtained for the sign.
2.There are to be no other ground-mounted signs within the Glenn Ridge
Crossing Subdivision located along I-430 frontage of the Subdivision.
On August 30,2010 the Board of Adjustment unanimously denied a request to
increase the height of the previously approved sign from 50 feet to 75 feet.The
sign area was to remain the same.The Planning Staff did not support the
increased height.
Section 36-555(a)(2)of the City's Zoning Ordinance allows a maximum sign height
of 36 feet and a maximum sign area of 160 square feet for signs in commercial
zoning districts.The applicant is back before the Board requesting to replace the
previously approved sign with a new electronic sign,as noted on the attached site
plan and sign graphics.The new proposed sign will be 320 square feet in area
and 75 feet in height.The applicant proposes that the new sign serve not only the
Glenn Ridge Crossing Subdivision,but also the businesses on the entire southeast
portion of the Colonel Glenn/I-430 intersection.See the applicant's attached cover
letter for a list of the businesses.The increased height is being proposed so that
the sign can be seen above the tree line by north and south bound I-430 traffic.
Staff is not supportive of the requested sign height variance.Staff feels the
previous approval of a 50 foot sign height was fairly generous.The requested sign
height of 75 feet is over twice the height allowed for commercial signage,including
billboards in commercial zones.Additionally,the sign is located along interstate
430 which is designated as a scenic corridor and allows no billboard signs.
Although the proposed sign is not a billboard,staff believes that the sign violates
the spirit and intent of the scenic corridor designation.The City's Board of
Directors designates a roadway a scenic corridor because the roadway "exhibits
special aesthetic and visual characteristics worthy of protection".Staff believes the
existing sign height does allow some visibility from 1-430.Staff feels that
increasing the sign height to 75 feet at this location would have a negative impact
on I-430's designation as a scenic corridor by triggering other businesses in the
area to request similar sign heights.
Additionally,the previous approval was for a subdivision multiple tenant
identification sign.Similar type signs have been approved for major shopping
center developments in the City.As prepared by the applicant,the sign is to
identify not just the businesses within Glenn Ridge Crossing Subdivision but also
the businesses on the entire southeast portion of the interchange.In staff's
opinion,this creates an off premises sign which is specifically prohibited on the
scenic corridor.
C.Staff Recommendation:
Staff recommends denial of the requested sign height and area variances
associated with the new proposed subdivision sign.
2
AUGUST 31,2015
ITEM NO.:C CON'T.
BOARD OF ADJUSTMENT (July 27,2015)
Staff informed the Board that the applicant requested this application be deferred to the
August 31,2015 agenda,based on the fact that the applicant would not be present.
Staff supported the deferred request.
The item was placed on the Consent Agenda for deferral to the August 31,2015
agenda as recommended by staff.The vote was 4 ayes,0 nays and 1 absent.The
application was deferred.
BOARD OF ADJUSTMENT (August 31,2015)
Steve Landers was present,representing the application.There were no objectors
present.Staff presented the application with a recommendation of denial.
Steve Landers addressed the Board in support of the application.He noted that there
would be few changes to the existing sign.He referred to the "Grain"sign which was
recently placed along Colonel Glenn Road and presented a photo to the Board.He
explained reasons for the proposed sign.
Chairman Yates explained that the proposed sign described by Mr.Landers was
nothing like the graphics submitted for the application and presented to the Board.Mr.
Landers noted that the graphics presented were not of the sign he wished to construct.
Mr.Landers asked to defer the application in order to provide a different sign design.
Staff supported a deferral to the September 28,2015 agenda.There was a brief
discussion of the deferral.
There was a motion to defer the application to the September 28,2015 agenda.The
motion passed by a vote of 5 ayes,0 nays and 0 absent.The application was deferred.
3
9&lCo~ay Engineering
Surveyinp 4 CiviC27esign,2'EXC
Robert D.Holloway,P.E.
Prof.Engineer Registration
Arkansas Mississippi
Louisiana Alabama Kansas Texas ~~y7l-AAAProf.Land Surveyor Registration
Arkansas
June 29,2015
Monty Moore,Subdivision Administrator
City of Little Rock Department of Planning and Development
723 West Markham Street
Little Rock,AR 72201
RE:Sign Variance,Glenn Ridge Crossing
Dear Mr.Moore,
This letter shall serve as a request to modify the Glenn Ridge Crossing,LLC Project sign,
referred to as Case no.Z-3371-W.This sign is located at 600 Colonel Glenn Plaza Loop.We
respectfully request permission for the following modifications:
Increase the sign height to 75'elative to adjacent ground
Increase the face square footage of the sign to 320sf
~Convert the Sign to Digital
The sign has extremely limited visibility as currently constructed.The existing contours as well
as the trees within the 50'uffer on the subdivision property and the highway right of way
effectively block the visibility of the sign to southbound traffic on Interstate 430.Visibility for
northbound traffic is only slightly better.
We are proposing that this sign serve not only the Glenn Ridge subdivision,but also the
businesses on the entire southeast portion of the Colonel Glenn/I-430 intersection.This
encompasses roughly 112 acres and the sign will serve all of the businesses within this acreage.
This will include the Rave Theatre,Metropolitan Bank,Trane Comfort Systems and the
automotive dealerships of Bale Honda,Crain Mazda/Hyundai,North Point Nissan,and
Mercedes-Benz of Little Rock.As well as,Jaguar/Range Rover/VW,Playtime Pizza,and Steve
Landers Chrysler/Dodge/Jeep.The area will be re-platted as required to meet all requirements
for on-site subdivision signage.
Development at the Colonel Glenn /I-430 intersection in this area has progressed rapidly.
Unfortunately,the west side of this intersection offers little visibility to interstate traffic.The
ability to advertise to potential customers on I-430 would help to ensure that the businesses who
have invested in this area will enjoy continued success
All other conditions referenced in the previous variance approval shall remain the same.
Respectfully,
Mark Redd r
Of6ce:200 Casey Drive,Maumelle,AR 72113
Phone:501-851-3366 Fax:501-851-3368 Email:admin@holloway-eng.corn
AUGUST 31,2015
ITEM NO.:D
File No.:Z-3660-G
Owner:Gateway Village I,LLC
Applicant:Wendy Reid,Ace Sign Company
Address:6 Bass Pro Drive
Description:South side of Bass Pro Drive
Zoned:C-4
Variance Requested:A variance is requested from the sign provisions of Section 36-
557 to allow a wall sign without street frontage.
Justification:The applicant's justification is presented in an attached letter.
Present Use of Property:Retail Commercial
Proposed Use of Property:Retail Commercial
STAFF REPORT
A.Public Works Issues:
No Comments
B.~SIP A
The C-4 zoned property at 6 Bass Pro Drive is occupied by a one (1)story
commercial building which was recenily constructed.The property is located on
the south side of Bass Pro Drive,across from the Bass Pro Shops development.
The building contains space for three (3)tenants.Paved parking is located along
all sides of the building.Two (2)access drives from Bass Pro Drive serve the
property.
An AT8T store occupies the easternmost space within the overall commercial
building.As part of their signage plan,wall signs are proposed on the north,south
and east facades of the building.AT8T will also have space on a multi-tenant
ground sign at the northeast corner of the site.The signage on the east facade
consists of a five (5)foot round AT8T logo,with approximately 17 square feet of
sign area.The applicant is proposing the wall sign on the east facade io have
visibility from Interstate 30.
AUGUST 31,2015
ITEM NO.:D CON'T.
Section 36-557(a)of the City's Zoning Ordinance requires that all wall signs must
face required street frontage.Therefore,the applicant is requesting a variance
from this ordinance standard to allow the wall sign on the east building facade with
no direct street frontage.
Staff does not support the variance to allow a wall sign on the east facade with no
street frontage.Staff feels that the signage which is allowed for this business is
adequate in identifying the business location to vehicles in this general area.Wall
signage will be located on the north and south facades of the building.
Additionally,space on the multi-tenant ground sign will be utilized.Staff believes
that the signage which is allowed will be visible from all of the surrounding streets
in this area,as well as Interstate 30.Staff believes the proposed wall sign on the
east facade is not needed.
C.Staff Recommendation:
Staff recommends denial of the requested variance to allow a wall sign without
direct street frontage.
BOARD OF ADJUSTMENT (July 27,2015)
Staff informed the Board that the application needed to be deferred to the August 31,
2015 agenda,based on the fact that the applicant failed to complete the required
notifications to surrounding property owners.
The item was placed on the Consent Agenda for deferral to the August 31,2015
agenda as recommended by staff.The vote was 4 ayes,0 nays and 1 absent.The
application was deferred.
BOARD OF ADJUSTMENT (August 31,2015)
Jason Offett was present,representing the application.There were no objectors
present.Staff presented the application with a recommendation of denial.
Jason Offett addressed the Board in support of the application.He explained the need
for the sign on the east facade of the building.
Robert Tucker asked if the vacant lot to the east would be developed.Mr.Offett noted
that there were no current development plans.Mr.Tucker asked if the ground sign
could be seen from l-30.Mr.Offett noted that the sign could not be seen from I-30.
There was additional brief discussion.
2
AUGUST 31,2015
ITEM NO.:D CON'T.
Staff noted that the ground sign with AT&T graphics was very visible from l-30.Staff
also noted that the lot to the east would be developed at some point.These issues
were briefly discussed.Rajesh Mehta concurred with staffs recommendation.
There was a motion to approve the application.The motion failed by a vote of 2 ayes,3
nays and 0 absent.The application was denied.
3
SlgA COlTlPBA)f
At@.t
6 Bass Pro Dr.Suite 100
Little Rock,AR 72210
To Whom This May Concern,
Atg t is requesting a variance for an additional globe sign to be installed on the east side elevation in
order to havel-30 visibility and gain more traffic for business.
Respectfully,
AUGUST 31,2015
ITEM NO.:E
File No.:Z-9051
Owner:Addison and Allison Anthony
Applicant:Jim Yeary
Address:1917 N.Spruce Street
Description:East side of N.Spruce Street,south of Club Road
Zoned:R-2
Variance Requested:Variances are requested from the area provisions of Section
36-156 to allow an addition to an existing accessory building
with reduced side setback and separation from a 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:
No Comments.
B.Buildin Codes Comments:
The required fire separation distance (building to property line)prescribed by the
building code terminates at five (5)feet.Buildings are allowed to be closer than
five (5)feet if they have properly constructed fire walls which provide the requisite
one (1)hour fire resistance rating.When buildings are five (5)feet or more from
the property line,the requirement no longer applies to the wall itself,only the
projections such as eaves or overhangs.
Openings such as doors and windows are limited when the exterior wall is three (3)feet from the property line,and are prohibited when the exterior wall is less than
three (3)feet from the line.There is no restriction on openings when the exterior
wall is more than three (3)feet from the property line.
Contact the City of Little Rock Building Codes at 371-4832 for additional details.
AUGUST 31,2015
ITEM NO.:E CON'T.
C.~St It A
The R-2 zoned property at 1917 N.Spruce Street is occupied by a two (2)story
frame single family residence.There is a circular driveway from N.Spruce Street
within the front yard area.The driveway extends along the south side of the house
to a carport/storage accessory structure at the southeast corner of the lot.The
exiting accessory structure is located 1.4 feet back from the south side property
line.
The applicant proposes to remove the carport portion of the existing accessory
structure and replace it with a new one (1)story garage,as noted on the attached
site plan.The new garage will be attached to the storage portion of the existing
accessory building,and maintain the existing 1.4 foot side setback.The new
accessory garage will be located well over 60 feet back from the front (west)
property line,and will be separated from the house (principal structure)by four (4)
feet.A covered walkway will connect the house to the proposed garage structure.
Section 36-156(a)(2)b.of the City's Zoning Ordinance requires that accessory
structures be separated from principal structures by at least six (6)feet in single
family zoning.Section 36-156(a)(2)f.requires a minimum three (3)foot side
setback for accessory structures.Therefore,the applicant is requesting variances
from these ordinance requirements to allow the accessory garage addition with
reduced side setback and separation from the principal structure.
Staff is supportive of the requested setback and separation variances.Staff views
the request as reasonable.Similar side setback and separation encroachments
exist throughout this neighborhood.The 1.4 foot side setback should allow
construction and maintenance of the proposed garage structure without
encroaching onto the property immediately to the south.The existing house to the
south is located approximately 15 feet back from the dividing side property line,
with a driveway on the adjacent property which will be located between the
adjacent house and the proposed accessory garage structure.Staff believes the
proposed accessory garage with reduced side setback and separation from the
principal structure will have no adverse impact on the adjacent properties or the
general area.
D.Staff Recommendation:
Staff recommends approval of the requested setback and separation variances,
subject to compliance with the Building Codes requirements as noted in paragraph
B.of the staff report.
2
AUGUST 31,2015
ITEM NO.:E CON'T.
BOARD OF ADJUSTMENT (July 27,2015)
Staff informed the Board that the applicant requested this application be deferred to the
August 31,2015 agenda in order to complete the required notifications to surrounding
property owners.Staff supported the deferral request.
The item was placed on the Consent Agenda for deferral to the August 31,2015 as
recommended by staff.The vote was 4 ayes,0 nays and 1 absent.The application
was deferred.
BOARD OF ADJUSTMENT (August 31,2015)
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,0 absent and 1 abstention (Lindsey-Polk).The
application was approved.
3
Yeary Lindsey Architects
Jure 29,2015 g —$0+1
Dana Carney
Little Rock Board of Adjustments
Planning and Development
723 West Markham
Little Rock,AR
Re:Addison K.and Attison C.Anthony
1917 N.Spruce Street
Little Rock,AR
Dana,
Please find attached our submittal to the Little Rock Board of Adjustments requesting a
variance with regard to the property at 1917 N.Spruce Street.
The Owners wish to make improvements to the current property which will require the
Board's approval.The improvements consist of renovating and adding to an existing
accessory building.
The Anthony*s desire is to remove the existing carport located to the west of the building
and add an enclosed garage.They would also like to connect the existing house to the
accessory building by means of a covered walk.The existing accessory structure is
located 1.4'rom the southern property line.Due to the location of this building and it'
proximity to the primary residence,the options are limited to provide the required depth
and vehicular access for the garage addition.Therefore,we are requesting that the new
addition be allowed to align with the south side of the existing structure and encroach
upon the side yard setback by the same distance.This will enable the proper width for
the garage opening and the necessary alignment for the car to access the garage.Due
to the available distance between the two buildings and the necessary depth of the
garage,the available length/separation for the exterior covered walk is limited to a little
over 4 ft.
If you have any questions or need further information Please feel free to contact me.
We appreciate your consideration of our request.
Thank you,
Sincerely,~~,ll
Jim Yeary,AIA
3416 Old Cantrell Road Little Rock,AR 72202 501-372-5940 I'X:501-663-0043
AUGUST 31,2015
ITEM NO.:1
File No.:Z-8582-A
Owner/Applicant:Samuel Thomas Rayburn III and Shelly Rayburn
Address:5001 Hawthorne Street
Description:Southwest corner of Hawthorne Street and N.Jackson Street
Zoned:R-2
Variance Requested:A variance is requested from the area provisions of Section
36-254 to allow enclosure of an existing carport 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
A.Public Works Issues:
No Comments.
B.~Rff A
The R-2 zoned property at 5001 Hawthorne Street is occupied by a two-story rock
and frame single family residence.The property is located at the southwest corner
of Hawthorne Street and N.Jackson Street.There is a two-car wide driveway from
N.Jackson Street at the southeast corner of the property.The driveway serves a
two-car wide carport at the south end of the residence.
On August 30,2010 the Board of Adjustment approved a rear setback variance to
allow the carport addition with a rear setback of ten (10)feet.A variance was also
approved to allow accessory structures (pool and pavilion)with reduced separation
from the residence.A condition of approval was that the carport addition remain
unenclosed on its south,east and west sides.
The applicant is back before the Board requesting to enclose the existing carport
structure on its south,east and west sides,modifying the previous rear setback
variance approval.Section 36-254(d)(3)of the City's Zoning Ordinance requires a
minimum rear set back of 25 feet for this R-2 zoned lot.Therefore,the applicant is
requesting a variance from this ordinance requirement to allow enclosure of the
existing carport addition with reduced rear setback.
AUGUST 31,2015
ITEM NO.:1 CON'T.
Staff is supportive of the requested variance.Staff views the request as
reasonable.The condition to maintain a proposed unenclosed structure with
reduced setback as unenclosed is a fairly standard condition placed on an
application.If the applicant had originally proposed the addition as an enclosed
garage addition,staff would have supported the variance.The overall massing of
the structures on this lot is similar to a number of the lots within this general area.
Staff feels that enclosing the existing carport which has a reduced rear setback will
have a minimal visual impact.Staff believes that the proposed enclosure will have
no adverse impact on the adjacent properties or the general area.
C.Staff Recommendation:
Staff recommends approval of the request to enclose the existing carport addition
with reduced rear setback,as filed.
BOARD OF ADJUSTMENT (August 31,2015)
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 5 ayes,0 nays and 0 absent.The application was approved.
2
~l
z-s5~~-'I
July 28,2014
To:The Departement of Planning and Development
723 W.Markham
Little Rock,AR 72201
Cover letter for Revision to a 2010 Approved Variance
I am making this application to request that you revisit a condition
associated with a zoning variance granted in 2010.The property is located
at 5001 Hawthorne
The requested revision is for enclosing the west,east and south
sides of the carport.Attached are two surveys,one dated 2008 and one
dated 2015.The 2008 survey reflects the variance we received.in 2010 to
build the carport.The 2015 survey reflects the existing footprint of the lot.
~West side-enclose with removable shutters.
~East side-enclose with part stucco and an automatic garage
door.(See drawing)
~South side-enclose with solid stucco wall.(See drawing)
The intent of this request is to add an enclosure for personal safety
and a means to secure cars.We have had 4 breakins in the past few
years.Our car was stolen and a TV was lifted off the back deck as well as
other items.My husband is a doctor and leaves in the middle of the night to
go the the hospital.I worry about someone lurking around that might
cause him harm.
Thank you for taking the time to review and consider this proposal.
Respectfully,
Shelly Rayburn
AUGUST 31,2015
ITEM NO.:2
File No.:Z-8638-A
Owner:Amanda Ferrell
Applicant:Tom Colford and Ellen Yeary
Address:1606 Blair Street
Description:Lot 2,Block 4,McGehee Addition
Zoned:R-2
Variance Requested:A variance is requested from the area provisions of Section
36-156 to allow an addition to an existing accessory building with increased rear yard
coverage.
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 UPDATE
Upon review of the application,staff found that an additional variance (easement
encroachment)is needed.Therefore,staff recommends this application be
deferred to the September 28,2015 agenda,so that the additional variance can
be published in a legal ad and letters from the utility companies can be obtained
by the applicant.
BOARD OF ADJUSTMENT (August 31,2015)
Staff informed the Board that the application needed to be deferred to the September
28,2015 agenda,so that an additional variance could be reviewed.
The item was placed on the Consent Agenda for deferral to the September 28,2015
agenda as recommended by staff.The vote was 5 ayes,0 nays and 0 absent.The
application was deferred.
geary Ljndee Architects
July 27,2015
Dana Carney
Little Rock Board of Adjustments
Planning and Development
723 West Markham
Little Rock,AR 72201
Re:Amanda Ferrell and E.W.Swan
1606 Blair Street
Little Rock,AR 72207
Dana,
Please find attached our submittal to the Little Rock Board of Adjustments requesting a
variance with regard to the property at 1606 Blair Street.
The Owners wish to make improvements to the current property which will require the
Board's approval.The improvements consist of converting an existing carport into an
enclosed 2 car garage.
The owners*desire is to enclose and enlarge the existing carport located to the west of
the main house.The existing accessory structure is located 3'rom the south property
line and the owners would like to enlarge the footprint to within 3'f the west property
line as well.The existing carport is 24'rom the rear of the house providing room for
access into the front of the garage.Because of these two factors this will necessitate a
variance from the 30%rear yard coverage requirement to coverage of 49%of the rear
yard.
If you have any questions or need further information please feel free to contact me or
their contractor Tom Colford {501 680-5961).
We appreciate your consideration of our request.
Thank you,
Sincerely,
Ellen Yeary,A
3416 Old Cantrell Road Little Rock,AR 72202 501-372-5940 FX:501-663-0043
AUGUST 31,2015
ITEM NO.:3
File No.:Z-9065
Owner:Martha Kay Hunt Asti and Murray H.Hunt,JR.
Applicant:William H.Asti
Address:43 Beverly Place
Description:Lot 9,Walthour and Wilbourn Replat of Block 3,Newton's
Addition
Zoned:R-2
Variance Requested:A variance is requested from the area provisions of Section
36-254 to allow building additions with reduced front 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.Buildin Codes Comments:
The required fire separation distance (building to property line)prescribed by the
building code terminates at five (5)feet.Buildings are allowed to be closer than
five (5)feet if they have properly constructed fire walls which provide the requisite
one (1)hour fire resistance rating.When building are five (5)feet or more from the
property line,the requirement no longer applies to the wall itself,only the
projections such as eaves or overhangs.
Openings such as doors and windows are limited when the exterior wall is three (3)feet from the property line,and are prohibited when the exterior wall is less than
three (3)feet from the line.There is no restriction on openings when the exterior
wall is more than three (3)feet from ihe property line.
Contact the City of Little Rock Building Codes at 371-4832 for additional details.
AUGUST 31,2015
ITEM NO.:3 CON'T.
L ~St ffA
The R-2 zoned property at 43 Beverly Place is occupied by a one-story brick and
frame single family residence.The property is located near the northeast corner of
Beverly Place and Hawthorne Street.There is a one-car wide driveway from
Beverly Place at the northwest corner of the property.
The applicant proposes to construct several additions to the front (west)and rear
(east)of the existing residence,as noted on the attached site plan.The applicant
proposes to make additions to the rear of the structure which include conditioned
space,garage space and covered/uncovered patio areas.The additions to the
front of the structure include a covered patio/entry area,a small area of
conditioned space and a non-condiiioned utility room area.The proposed
additions to the front of the residence will be set back from the front (west)property
line 4.5 feet to 12.5 feet.The front additions will be located over 27 feet to 58 feet
back from the edge of pavement for Beverly Place and over 60 feet from the edge
of pavement for Hawthorne Street.
Section 36-254(d)(1)of the City's Zoning Ordinance requires a minimum front
building setback of 25 feet for this R-2 zoned lot.Therefore,the applicant is
requesting a variance from this ordinance requirement to allow ihe additions to the
front of the house with a reduced front setback.The proposed rear additions
conform to ordinance standards.
Staff is supportive of the requested front setback variance for the proposed
covered patio/entry area/small conditioned addition and utility room addition.Staff
views the request as reasonable.The existing house is located only 7.89 feet back
from the front property line at its nearest point.This residential lot is located along
two (2)streets with excess right-of-way of 80 feet plus.The standard residential
right-of-way is 50 feet.Therefore,the house is located over 30 feet to over 60 feet
back from the street edge of pavement.As noted above,the proposed front
additions will be located over 27 feet to 58 feet back from the edge of pavement.
Additionally,the proposed front setback will not appear to be out of alignment with
the residences to the north,given the curvature of the street and the fact that these
homes also have reduced setbacks to their front property lines.Staff believes the
proposed additions with reduced front setback will have no adverse impact on the
adjacent properties or the general area.
D.Staff Recommendation:
Staff recommends approval of the requested front setback variance,subject to the
following conditions:
1.Compliance with the Building Codes requirements as noted in paragraph B .
of the Staff Report.
2.The front covered patio/entry area must remain unenclosed as proposed.
2
AUGUST 31,2015
ITEM NO.:3 CON'T.
BOARD OF ADJUSTMENT (August 31,2015)
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 5 ayes,0 nays and 0 absent.The application was approved.
3
~)~+5
Residential Zoning Variance
43 Severly Palace,Little Rock,Arkansas
Attachment 1.b.1-Cover Letter
The Applicant is requesting a variance so as to add a new un-enclosed entry and portico to the front facade of the
existing structure.
Location and Function of the Entry
The Applicant and her husband are aging and would like to remodel the home to facilitate any possible non-
ambulatory situations that might occur as they continue to age.
It is their desire to have a public entry on the front of the home with no steps that would allow a foyer large
enough for a wheelchair to easily maneuver.The current entry is small and functionally awkward and the front
door opens directly into a stair ascending to the attic.Considering these conditions,the Applicant would like to
move the exterior entry to facilitate a more ample entry that provides space for handicap accessibility and so that
the existing stair isn't the first thing noticed when entering the home.
It is the intent of the Applicant to enhance the accessibility to the home while improving the circulation within;this
all being done in an architectural pleasing manner that will add character to the home.
Relevant Dimensions
The ~ro erty lines on this lot set back from the existing roads approximately 17 ft.at the closest point and at the
corner nearly 46 ft.placing the existing structure from the road nearly 38 ft.at the closest point to over 70 ft.at
the furthest point at the corner.(See Attachment 1.a.2)
AUGUST 31,2015
ITEM NO.:4
File No.:Z-9066
Owner:Ronda LeAnn Sears
Applicant;Carolyn Lindsey
Address:1904 N.Jackson Street
Description:Lot 33,Shadowlawn Addition
Zoned:R-2
Variance Requested:A variance is requested from the area provisions of Section
36-254 to allow a building addition with a reduced side 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.Buildin Codes Comments:
The required fire separation distance (building to property line)prescribed by the
building code terminates at five (5)feet.Buildings are allowed to be closer than
five (5)feet if they have properly constructed fire walls which provide the requisite
one (1)hour fire resistance rating.When building are five (5)feet or more from the
property line,the requirement no longer applies to the wall itself,only the
projections such as eaves or overhangs.
Openings such as doors and windows are limited when the exterior wall is three (3)feet from the property line,and are prohibited when the exterior wall is less than
three (3)feet from the line.There is no restriction on openings when the exterior
wall is more than three (3)feet from the property line.
Contact the City of Little Rock Building Codes at 371-4832 for additional details.
AUGUST 31,2015
ITEM NO.:4 CON'T.
C.B~II A
The R-2 zoned property at 1904 N.Jackson Street is occupied by a one-story
brick and frame single family residence.The property is located on the west side
of N.Jackson Street,south of Club Road.There is a one-car wide driveway at
the northeast corner of the lot.The driveway leads to a one-car wide garage at
the northwest corner of the residence.The garage portion of the residence is
located three (3)feet back from the north side property line.
The applicant proposes to construct one-story brick and frame additions to the
rear (west end)of the existing residence,as noted on the attached site plan.The
project also includes enclosing the existing garage area for living space.The
proposed addition at the northwest corner of the residence will maintain the same
three (3)foot north side setback on the existing house.The additions will be
located 36 feet to 51 feet back from the rear (west)property line,and nine (9)
feet to 32 feet back from the south side property line.
Section 36-254(d)(2)of the City's Zoning Ordinance requires a minimum side
setback of five (5)feet for this R-2 zoned lot.Therefore,the applicant is
requesting a variance to allow a portion of the proposed additions with a reduce
side (north)setback.All other setbacks conform with ordinance requirements.
Staff is supportive of the requested side setback variance.Staff views the
request as reasonable.The proposed addition at the northwest corner of the
residence will maintain the same three (3)foot side setback as the existing
structure.The proposed side setback for the addition will not be out of character
with other side setbacks in this neighborhood.Additionally,there will be no
separation issues,as there are no structures on the property to the north which
will be adjacent to the proposed addition.Staff believes the proposed addition
with reduced side setback will have no adverse impact on the adjacent properties
or the general area.
D.Staff Recommendation:
Staff recommends approval of the requested side setback variance,subject to
compliance with the Building Codes requirements as noted in paragraph B.of the
Staff Report.
2
AUGUST 31,2015
ITEM NO.:4 CON'T.
BOARD OF ADJUSTMENT (August 31,2015)
Staff informed the Board that the application needed to be deferred to the September
28,2015 agenda,based on the fact that the applicant failed to complete the required
notifications to surrounding property owners.
The item was placed on the Consent Agenda for deferral to the September 28,2015
agenda as recommended by staff.The vote was 4 ayes,0 nays,0 absent and 1
abstention (Lindsey-Polk).The application was deferred.
3
Yeery Lindsey ArcHitects 7-g 4 cj
July 27,2015
Mr.Monte Moore
Department of Neighborhoods and Planning
723 West Markham
Little Rock,AR 72201
RE:Zoning Variance Application for 1904 N.Jackson St.
Dear Monte,
This project consists of the remodeling of an attached existing single car garage to become
Outside Storage,Master Closet and Bath,and the addition of a Master Bedroom,Closet/Safe Room
and a Kitchen expansion.All of this will accomplish a simplification of the existing rear roof line of the
house as well.We are adding brick to the existing stucco garage and the addition will align with the
new brick of that existing garage.
We are requesting a zoning variance for the Master Suite addition to allow an encroachment
into the side setback,reducing it from 5 feet to 3 feet to align with the existing north side of the existing
garage with it's new brick exterior.The north side of the existing garage and of the Master Bedroom
addition will have no openings and will have a 12"deep 1hr rated soffit.
We feel this addition is in keeping with others in the neighborhood and will not be any closer to
the neighbor on the north than the original structure.The addition to this side of the house preserves a
large tree in the south part of the back yard.Thank you for your time and consideration.
Sincerely,L~
3416 Old Cantrell Road Little Rock,Arkansas 72202 501-372-5940 Fax:501-663-0043
AUGUST 31,2015
ITEM NO.:5
File No.:Z-9067
Owner:Christopher P.Lyons
Applicant;Andrew V.Francis
Address:5510 Edgewood Road
Description:Northeast Corner of Edgewood Road and Wildwood Road
Zoned:R-2
Variance Requested:Variances are requested from the area provisions of Section
36-254,the building line provisions of Section 31-12 and the
area provisions of Section 36-156 to allow construction of a
new house with reduced side setback and encroachment
across a side platted building line,and a pool with reduced
separation from the principal structure,reduced street side
setback and encroachment across a side platted building
line.
Justification:The applicant's justification is presented in an attached letter.
Present Use of Property:Vacant Lot
Proposed Use of Property:Single Family Residential
STAFF REPORT
A.Public Works Issues:
No Comments.
B.~HI II A"I
The R-2 zoned property at 5510 Edgewood Road is currently undeveloped.The
property is located at the northeast corner of Edgewood Road and Wildwood
Road.A two-story single family residence which previously existed on the site was
recently removed.The property is comprised of two (2)platted lots;Lots 116 and
117,Prospect Terrace 2"Addition.There is a 30 foot front platted building line
along the south (Edgewood Road)property line and a 15 foot side platted building
line along the west (Wildwood Road)property line.The property slopes downward
from east to west.
AUGUST 31,2015
ITEM NO.:5 CON'T.
The applicant proposes to construct a new two-story single family residence on the
property,as noted on the attached site plan.The proposed residence will be
located over 30 feet back from the front (south)property line and over 25 feet back
from the rear (north)property line.The main wall of the residence will be located
eight (8)feet back from the east side property line,with a small covered porch
being 5.33 feet back from the east side property line.A portion of the northwest
corner of the residence is located 7.33 feet back from the west side property line,
crossing the side platted building line by approximately 7.67 feet.The applicant is
also proposing to construct an in-ground swimming pool in the rear yard area.The
pool crosses the side platted building line by approximately ten (10)inches,
resulting in a street side setback of 14 feet-2 inches.The pool also abuts the north
wall of the residence,with no separation between it and the house.
Section 36-254(d)(2)of the City's Zoning Ordinance requires minimum side
setbacks of eight (8)feet for this R-2 zoned lot.Sections 36-156(a)(2)b.and c.
require that accessory structures be separated from principal structures by at least
six (6)feet,and that an accessory structure have a minimum street side setback of
15 feet.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
residence (principal structure)with reduced side setbacks and encroachment
across a side platted building line,and the pool (accessory structure)with a
reduced street side setback,reduced separation from the principal structure,and
encroachment across a side platted building line.
Staff is supportive of the requested variances for the proposed residence and pool.
Staff views the request as reasonable,based primarily on the facts that the single
family lot has an irregular (triangular)shape and platted front and side setbacks
which are greater than the minimum front and side setbacks required by the zoning
ordinance.The combination of these two (2)issues pushes the house further back
on the lot,which in turn pushes more of the residence across the '15 foot side
platted building line.Additionally,the requested variances are very minimal in
nature.Only approximately 60 square feet of the proposed residence and one (1)
square foot of the proposed pool encroach across the side platted building line.
The proposed 7.33 foot west side setback for the northwest corner of the residence
is only eight (8)inches shy of the typical ordinance required side setback.Given
these facts,staff believes that the proposed residence with pool 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 side building line for the
residence and pool.The applicant should review the filing procedure with the
Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance.
2
AUGUST 31,2015
ITEM NO.:5 CON'T.
C.Staff Recommendation:
Staff recommends approval of the requested setback separation and building line
variances,subject to the following conditions.
1.Completion of a one-lot replat reflecting the change in the side platted
building line as approved by the Board.
2.The covered porch on the east side of the residence must remain
unenclosed on its north,south and east sides.
BOARD OF ADJUSTMENT (August 31,2015)
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 5 ayes,0 nays and 0 absent.The application was approved.
3
ANDREW V.FRANCIS,P.A.
ATTORNEY AT LAW
2311 BiscAYNE DRivE,Sun E 205
ANDREW V.FRANCIS LITTLE RocK,AR 72227 go~7
E-MAIL ADDRESS:TELEFHoNE (501)954-7390
A VFPA@SBCGLOBAL.NET FAcsIMILE (501)325-3427 I'q~~)
July 28,2015
Mr.Monte Moore
Zoning Administrator
City of Little Rock
Planning and Development Department
723 West Markham Street
Little Rock,AR 72201
Via Hand Delive
RE:5510 Edgewood Road —Application for Variance from Little Rock Board of Adjustment
Dear Mr.Moore:
My name is Andrew Francis and I represent Chris and Melanic Lyons in this matter.The Lyons
family bought two lots in the Prospect Terrace No.2 neighborhood,Lots 116 and 117,at the
northeast corner of Edgewood Road and Wildwood Road.They are treating both lots as a single
Zoning Lot,per Section 36-2 of the Little Rock Code.The lot is wedge-shaped,and slopes
downhill,from the east to the west.The Lyons removed an existing house and will build a new
home for their family.
The plat for the neighborhood includes a fifteen (15)foot setback along Wildwood.The side
setback on the east side lot line is eight (8)feet per Code Section 36-254(d)(2).
The Lyons family requests a variance to build a corner of their home seven (7)feet eight (8)
inches into the platted fifteen (15)foot side yard setback on Wildwood.
The Lyons also request a variance from the eight (8)foot side yard setback on their east side lot
line.A small overhang above a door will extend two (2)feet eight (8)inches into the east side
yard setback.Otherwise,the home will be in compliance with the east side yard setback.
The Lyons also request two variances for their in-ground swimming pool from the six (6)foot
setback for an accessory structure imposed by Code Section 36-156(a)(2)b.The pool is located
directly adjacent to the north (rear)wall of the home.Between the pool and the home is a
movable wall so that the living area of the home can be opened to the pool and patio.The Lyons
are requesting a variance to place the pool adjacent to the principal residence.
The second pool variance is for a small (ten r 10]inch)encroachment of the northwest corner of
the pool into the Wildwood setback.
Page 2
Mr.Monte Moore
July 28,2015
For your consideration,I am enclosing the following documents:
1.Application for Zoning Variance;
2.My firm check in the amount of Eighty Dollars ($80.00)for the filing fee;
3.Six (6)copies of a boundary survey of Lots 116 and 117,Prospect Terrace 2"Addition to
the City of Little Rock,Pulaski County,Arkansas,dated April 8,2014,prepared by
Cunningham Surveying,LLC ("Survey");
4.Six (6)copies of a Lyons Residence Site Plan dated July 27,2015,prepared by Fennell
Purifoy Architects ("Site Plan,");
5.Six (6)copies of the Plat of 5510 Edgewood Road filed at Book 3,Page 39,records of
Pulaski County,Arkansas,with notations showing the property ("Plat");
6.Six (6)copies each of the following photographs:
a.Photo looking (south)up Wildwood;
b.Photo looking (north)down Wildwood;and
c.Photo looking from the southeast corner of the lot on Edgewood (west)down
towards Wildwood.
The Wildwood Variance
The Site Plan shows the Lyons'ome on their lot.It also shows the distance between the
proposed home and the Wildwood (west)platted side lot line (7 feet 4 inches).The requested
Wildwood variance is only 8 inches less than that typically required by City Code (8 feet).
The lot slopes downhill,from the east to the west,dropping approximately 18 feet from the
southeast corner to the middle of Wildwood.The slope continues to fall away on the opposite
side of Wildwood.The first floor elevation of the house across Wildwood is below the street
grade and,thus,below the area of the requested variance.
The Plat shows that this portion of Wildwood is at a sharp angle relative to the intersecting side
streets.The other home on the east side of this block does not have a uniform alignment with the
15 foot setback.The Lyons'ontage on Wildwood is also not in view of most of the other
houses in the Prospect Terrace neighborhood.
There was an existing retaining wall within the Wildwood setback,but it collapsed last year.The
Lyons will construct the new retaining wall with the same stone veneer used on the lower level of
the house,which will be in keeping with other retaining walls in the neighborhood.They will
also include a terraced planting area at the northwest corner of the retaining wall for landscaping
for aesthetics and screening.
Page 3
Mr.Monte Moore
July 2S,2015
The Side Yard Setback
The Survey shows the pre-existing house was,at the most,six (6)feet six (6)inches feet from the
east side property line.There was a portion of the house that was no more than six (6)inches
from the east property line.The new home proposed by the Lyons will be largely comply with
the east side setback,and only encroach two (2)feet six (6)inches for a width of less than seven
(7)feet.The overhang will be cantilevered from the house while the entrance way will be less
than one (1)foot above grade.
The Lyons designed their home to make use of the buildable area while accommodating the slope
and minimizing the impact on the surrounding properties.Moving the small requested variance
out of the setback would cause the entire home to be either shifted to the west onto the slope of
the lot or to increase the height of the home.
The proposed variance is less than the encroachment of the previous house.The previous house
was built in 1935,according to the Assessor's records.That long-standing encroachment shows
this requested variance will not have an adverse impact on the adjacent property.
The Swimmin Pool Variance 1
Enforcing this setback would cause the pool to be moved further away from the home.Due to
the slope of the lot,this would require an increase in the dimensions of the retaining wall along
Wildwood.Allowing the variance will help further minimize the size and appearance of the
retaining wall.
Unlike an accessory structure setback for a building,there is no fire hazard by placing the pool
adjacent to the principal residence.The pool will not obstruct any ingress or egress from the
home.
The Swimmin Pool Variance 2
There is a very small encroachment of the northwest corner of the pool ten (10)incense into the
Wildwood setback.For the same reasons as with the Swimming Pool Variance 1,the Lyons
request Swimming Pool Variance 2.
The strict enforcement of these setbacks would cause an undue hardship on the Lyons based on
circumstances unique to their lot,as stated above.For these reasons,grating these variances will
be in keeping with the spirit and intent of the Zoning Ordinance an not adversely impact other
property in the immediate area.
Please accept the filing of the enclosed Application for Zoning Variance and place this item on
the Board of Adjustment's agenda for the August 31,2015 meeting.My clients or I will pay the
Page 4
Mr.Monte Moore
July 2S,2015
$5.00 sign fee,see that the Lyons property is posted as required by the City Code,and provide
notice as required by the City Code.
Thank you very much and please let me know if you want any additional information or have any
questions.
Cordially,
ANDREW V.FRANCIS,P.A.
Andrew V.Francis
/avf
Enclosures
cc:Chris and Melanic Lyons
BOARD OF ADJUSTMENT VOTE RECORD
DATE:oi
g~&g~~.ADEr'AA 8$a~A'~~~%
IIEMBER 1 zz
LINDSEY POLK,CAROLYN v
MEHTA,RAJESH v
TUCKER,ROBERT
WINGFIELD,BRAD
v'ATES,JEFF v
TIINE IN AND TIIIE OUT W gF g'oc
LINDSEY POLK,CAROLYN
MEHTA,RAJESH
TUCKER,ROBERT
WINGFIELD,BRAD
YATES,JEFF
1
Meeting Adjourned '&~P.M.
AYE NAYE A ABSENT ~ABSTAIN
AUGUST 31,2015
There being no further business before the Board,the meeting was adjourned at 2:30
p.m.
D.~,h(~~l ~~
/
I/I
I
Chairmeh Secretary