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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