boa_05 19 2014LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
MAY 19, 2014
2:00 P.M.
Roll Call and Finding of a Quorum
A Quorum was present being four (4) in number.
Approval of the Minutes of the Previous Meetings
The Minutes of the April 28, 2014 meeting were
approved.
III. Members Present:
Members Absent:
Brad Wingfield, Vice Chairman
Rajesh Mehta
Scott Smith
Robert Winchester
Jeff Yates, Chairman
City Attorney Present: Cindy Dawson
LITTLE ROCK BOARD OF ADJUSTMENT
I. OLD BUSINESS:
A. Z-8927
B. Z-8934
II. NEW BUSINESS:
AGENDA
MAY 19, 2014
2:00 P.M.
8604/8612/8700 Kavanaugh Blvd.
29 Summerland Court
1.
Z -8914-A
5400 S. Grandview Road
2.
Z-8940
4117 Lacy Lane
3.
Z-8941
3208 S. University Avenue
4.
Z-8942
12 Mockingbird Lane
5.
Z-8943
824 Ridgecrest Drive
6.
Z-8944
5236 N. Grandview Road
7.
Z-8945
1827 N. Jackson Street
MAY 19, 2014
ITEM NO.: A
File No.: Z-8927
Owner: Peartree, Inc.
Applicant: Robert Tucker
Address: 3604/3612/3700 Kavanaugh Blvd.
Description: Northeast Corner of Kavanaugh Blvd. and North Lookout Road
Zoned: C-3
Variance Requested: Variances are requested from the parking provisions of Section 36-
502 and 36-507 to allow a reduced number of parking spaces for a restaurant use and for
more than twenty-five (25) percent of the required parking to be located off-site.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Building, Office and Plant Nursery
Proposed Use of Property: Restaurant, Office and Plant Nursery
STAFF REPORT
/-1
Public Works Issues:
• At the time of building permit, provide a drainage plan and information as to the
adequacy of the downstream drainage system. If the site increases stormwater
so that the downstream drainage system is not adequate, then stormwater
detention will apply.
• At the time of building permit, a retaining wall certification is required if the wall is
greater than four feet in height.
Landscape and Buffer Issues:
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
A land use buffer will be required when an adjacent property has a dissimilar
use of a more restrictive nature. As a component of all land use buffer
requirements, opaque screening, whether a fence or other device, a minimum
of six (6) feet in height shall be required upon the property line side of the
buffer. A minimum of seventy (70) percent of the land use buffer shall be
undisturbed. Easements cannot count toward fulfilling this requirement. The
plantings, existing and purposed, shall be provided within the landscape
ordinance of the city, section 15-81.
MAY 19, 2014
ITEM NO.: A (CON'T.)
A portion of the property to the east is zoned R5 therefore, a minimum nine
(9) foot wide buffer is required along the east property line. The property is
located
in the City's designated mature area. A 25% reduction of the buffer
requirements is acceptable.
3. All new and existing plant materials shall be in good condition at completion
of project. Replace any damaged or dead material.
4. A perimeter planting strip is required along any side of a vehicular use area
that abuts adjoining property or the right-of-way of any street. One (1) tree
and three (3) shrubs or vines shall be planted for every thirty (30) linear feet
of perimeter planting strip.
5. The parking area shall be screened from the adjacent right-of-way.
6. One (1) tree shall be provided for each twelve (12) parking spaces in the
interior of the parking area. Existing trees and vegetation can be used to
satisfy these requirements.
7. An irrigation system shall be required for developments of one (1) acre or
larger.
8. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
C. Staff Analysis:
The C-3 zoned property at 3604 Kavanaugh Blvd. is occupied by a one-story
commercial building. The property is located at the northeast corner of Kavanaugh
Blvd. and N. Lookout Road. The building is comprised of 3,160 square feet of floor
area. The owner of this property also owns the property at 3612/3700 Kavanaugh
(one tract) which is also zoned C-3 and is occupied by Hocott's Garden Center and
a small office building (2,170 square feet). There is a small area of parking behind
the building at 3604 Kavanaugh and some on -street parking. A small parking area
containing five (5) parking spaces is located behind the Hocott's building, with
seven (7) head -in parking spaces located in front of the small office building
(partially in the right-of-way). Access drives from N. Lookout Road serve the
building at 3604 Kavanaugh and the Hocott's property. The two (2) buildings
(3608 and 3610 Kavanaugh Blvd.) between the building at 3604 Kavanaugh and
the Hocott's property have separate ownership(s).
The applicant is proposing to occupy the building at 3604 Kavanaugh Blvd. with a
new restaurant use. As part of the project the parking area behind the building will
be improved with new paving (3 spaces). A new parking area will be constructed
on the Hocott's property, as noted on the attached site plan. The new parking area
will contain 32 paved parking spaces, with an access drive from Kavanaugh Blvd.
The existing head -in parking spaces in front of the small office building will be
removed and replaced by three (3) parallel on -street spaces.
The commercial building at 3604 Kavanaugh has a nonconforming status related
to parking. The building has a history of commercial use which requires ten (10)
MAY 19, 2014
ITEM NO.: A (CON'T.)
off-street parking spaces. Parking for three (3) vehicles exists behind the building,
leaving a shortage of seven (7) spaces. Section 36-502(b)(3)c. of the City's
Zoning Ordinance requires 31 off-street parking spaces for a 3,160 square foot
restaurant. With credit given for the existing nonconforming status, the proposed
new restaurant will require 21 additional off-street parking spaces. Section 36-
507(a) allows up to 25 percent of the total parking requirement to be located off-
site, with 300 feet of the use they serve. As noted above, a new 32 space parking
lot will be constructed on the Hocott's Garden Center property. The Hocotts
Garden Center and small office building require 15 off-street parking spaces. This
leaves 17 spaces which can be devoted to the new restaurant use, for a total
shortage of four (4) spaces. Therefore, the applicant is requesting variances to
allow a reduced number of parking spaces and for more than 25 percent of parking
requirement to be located off-site.
Staff is supportive of the requested parking variances. Staff views the request as
reasonable. Parking variances have been granted in the past for restaurants
(occupying existing commercial buildings) along Kavanaugh Blvd. from N.
University Avenue (Heights) to Walnut Street (Hillcrest). The applicant's proposal
leaves a shortfall of only four (4) parking spaces. This does not include the fact
that on -street parking does exist along Kavanaugh Blvd. Also, when the restaurant
is open during evening hours, the small office building and the Hocott's Garden
Center will be closed, leaving more parking available for the restaurant. It is also
important to note that the Hillcrest Design Overlay District boundaries are located
across N. Lookout Road to the south and across Kavanaugh Blvd. to the west.
The Hillcrest DOD requires one-half of the typical parking requirement. If this site
were located within the Hillcrest DOD, there would be no variance for an overall
shortage of parking spaces. Staff believes the applicant's request to occupy the
building at 3604 Kavanaugh Blvd as a restaurant, and the proposed parking plan
for the overall property ownership is reasonable and should have no adverse
impact on the adjacent properties or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested parking variance, subject to the
following conditions:
1. Compliance with the Public Works requirements as noted in paragraph A. of
the staff report.
2. Compliance with the Landscape and Buffer requirements as noted in
paragraph B. of the staff report.
3. Signage must be provided directing restaurant patrons to the new parking
area.
4. The parking variances are contingent upon the two (2) properties (3604 and
3612/3700 Kavanaugh Blvd.) maintaining the same ownership. If the
ownership is ever split, the parking issue must be brought back before the
Board of Adjustment for review.
MAY 19, 2014
ITEM NO.: A (CON'T.)
BOARD OF ADJUSTMENT
(March 31, 2014)
Robert Tucker and David Hamilton were present, representing the application. There
were six (6) objectors present. Staff presented the application with a recommendation
of approval.
Robert Tucker addressed the Board in support of the application. He explained the
parking plan for the project. He noted that the Hillcrest DOD was located immediately to
the south and west and required one-half the typical required parking. He explained
that the new parking area would benefit the area.
Regina Smith, owner of So restaurant, addressed the Board in opposition. She
discussed on -street parking in the immediate area. She noted that her restaurant had
valet parking. She presented a petition of opposition to the Board.
Chris Stonecipher, employee of So restaurant, also spoke in opposition. He noted
safety concerns with restaurant patrons crossing the street at this location.
Kyle Pounders, employee of So restaurant, also spoke in opposition. He concurred with
two (2) previous speakers.
Bo Hawk, owner of the property across Kavanaugh to the west, also spoke in
opposition. He explained that So restaurant uses his parking lot after hours. He stated
that patrons of the proposed new restaurant would park in his lot.
Spencer English, employee of So restaurant, also spoke in opposition. He noted traffic
issues in the area.
Mary Anderson, employees of So restaurant, also spoke in opposition. She also noted
traffic and parking concerns.
Mr. Tucker explained that the seven (7) lead-in parking spaces in front of the small
office building would be replaced with parallel spaces which will conform to City code.
He noted that So restaurant had no off-street parking spaces during the day and one-
half the required parking after hours.
Rajesh Mehta asked Mr. Tucker if valet parking could be utilized for the new restaurant.
Mr. Tucker noted that it would be up to the new restaurant owner.
The distance between the new restaurant building and the new parking area was
discussed. There was a brief discussion between the Board and staff regarding the
parking requirements and off-site parking allowances. The issue was discussed further.
Chairman Yates noted that he could not support the application.
Rajesh Mehta noted that he could not support the application without valet parking.
Mr. Tucker asked to defer the application to the April 28 agenda, so that the restaurant
owner could be present to address the valet parking issue and neighbor concerns.
MAY 19, 2014
ITEM NO.: A (CON'T.)
There was a motion to defer the application to the April 28, 2014 agenda. The motion
passed by a vote of 4 ayes, 0 nays 0 absent and 1 abstention (Smith). The application
was deferred.
BOARD OF ADJUSTMENT (April 28, 2014)
The applicant was not present. Staff informed the Board that the applicant had
requested deferral of the application to the May 19, 2014 agenda, as the property owner
could not be present at this meeting. Staff supported the deferral request.
Bo Hawk addressed the Board and objected to the deferral request. The issue of
deferral was discussed.
Jerry Sears also addressed the Board, objecting to the deferral request.
Jan Bowman also spoke in opposition to the deferral request.
There was motion to defer the application to the May 19, 2014 agenda. The motion was
passed by a vote of 4 ayes, 0 nays, 0 absent and 1 abstention (Smith). The application
was deferred.
BOARD OF ADJUSTMENT (May 19, 2014)
Chris Travis, Robert Tucker and others were present, representing the application.
There were several persons present in opposition and several persons present in
support. Staff presented the application, noting that the application had been revised by
the applicant. Staff noted that the number of parking spaces in the new proposed lot
had been increased from 27 to 31. Staff noted that with the increase in spaces, the
variance for total number of spaces had been eliminated. Staff noted that the overall
number of spaces, as revised, conformed to ordinance standards. Staff noted that the
only remaining variance was to have more than 25 percent of the required parking being
located off site.
Chris Travis addressed the Board in support of the application. He noted that there
were a number of other businesses in the area with deficient parking. He explained that
approval of the parking variance would solve the parking issues for three (3) of the
buildings (3604, 3612 and 3700 Kavanaugh) in the area. He briefly discussed the
number of parking spaces currently on the site.
Rajesh Mehta asked if the restaurant would have valet parking. Mr. Travis explained
that valet parking would not be necessary because they are providing the required
parking.
Jim Mauney, of Hocatt's Garden Center, spoke in support. He explained that the new
parking area would benefit his business as well as the proposed restaurant.
MAY 19, 2014
ITEM NO.: A (CON'T.)
Mark Abernathy addressed the Board. He referred to a previous court case, and noted
that the property had a hardship based on the case.
Jacy Daugherty addressed the Board in support of the applicant. He noted that he was
a tenant of 3700 Kavanaugh Blvd. He noted that the new parking lot would benefit his
business and create safer parking in the area.
Timothy O'Brien spoke in opposition. He stated that he provided valet parking for So
restaurant. He stated that the proposed new parking lot would not solve the parking
problem in the area.
David Vandergriff, attorney for So restaurant, also spoke in opposition. He noted that
his opposition was not about competition. He noted issues regarding safety and
parking. He discussed police incident reports for the area.
Regina Smith, owner of So restaurant expressed concern about the traffic pattern and
parking in the area.
John Flake, representing Mount St. Mary's school, explained that the school was
opposed to the parking variance.
James Walter, of Grace Lutheran Church, expressed concern with the amount of
parking and safety in the area.
Bo Hawk also spoke in opposition. He discussed the previous deferral and amendment
to the application.
Erin Cassinelli also spoke in opposition. She submitted a letter and signatures of
persons in opposition.
Gina Dougherty also spoke in opposition. She expressed concerns with safety and
traffic in the area. She discussed the traffic pattern in the area and noted a concern
with noise.
Chris Travis explained that the property had hardship because the property was
completely developed with little parking.
Rajesh Mehta explained that he had visited the property at various times during the day.
He noted that he could not vote to deny the application based on the addition of the new
parking lot.
There was a brief discussion regarding the So restaurant hours.
There was a motion to approve the application, as amended and recommended by staff.
The motion failed by a vote of 2 ayes, 1 nay, 1 absent and 1 abstention (Smith). The
application was deferred to the June 30, 2014 agenda, based on the fact that there
were not three (3) votes for or against.
CRESTVIEW
PROPERTIES
Robert Tucker
Crestview Properties, Inc.
3700 Kavanaugh Blvd, Suite A
Little Rock, AR 72205
February 25, 2014
Department of Planning and Development
Chairman and Members Board of Adjustment
723 West Markham
Little Rock, AR 72204
To the City of Little Rock Board of Adjustment,
The application submitted with this cover letter seeks to request a variance for the City of Little
Rock Code Sec. 36-502b (3) c and 36-507a as it pertains to the number and location of off street
parking spaces required to serve the tenants of the properties located at 3604 Kavanaugh Blvd
and 3700 Kavanaugh Blvd.
As shown in the attached parking plan design, the owner of these properties proposes to create
a parking lot consisting of 27 off street parking spaces located at 3700 Kavanaugh Blvd plus three
parking spaces at 3604 Kavanaugh for a total of 30. These parking spaces would serve the tenants
of the 2,170 gross square foot office building located at 3700 Kavanaugh Blvd and the tenant
operating as a restaurant occupying the 3,160 gross square foot building at 3604 Kavanaugh Blvd.
Per City of Little Rock ordinance, the number of parking spaces required to serve both of these
commercial buildings would be 36. The site for the parking lot presents constraints that limit
how many parking spaces we can achieve. Crowded buildings, large trees, a steep terraced slope
at the north, and the need to retain certain space for Hocott's Garden Center's operations limit
the size of the proposed parking lot. We do, however, intend to remove two dilapidated buildings
to accomplish the largest size possible.
The parking plan also proposes an additional 3 parallel parking spaces located directly in front of
the building at 3700 Kavanaugh Blvd. Currently, there are 8 perpendicular parking s es that
pose a safety hazard to anyone exiting these spaces since they have to back outly into
Kavanaugh Blvd. There is a blind curve to the north and frequent blind spots to the sod due to
cars parked in adjacent spaces thereby making it difficult to navigate when entering and exiting
these spaces. Safer on street parking conditions will be created by replacing these with 3 parallel
parking spaces. If these spaces were to be considered as part of the overall total of parking
spaces, then the number of spaces would be 33 out of the required 36.
The second variance request involves the City of Little Rock ordinance that states that any off-
site parking may not exceed 25% of the total number of parking spaces required. Again, due to
constraints pertaining to the size and location of the 3604 Kavanaugh Blvd property, the
maximum number of parking spaces that can be created is three whereas the city requirements
stipulate that 31 will be needed for the restaurant tenant at this location, and thus the need to
locate the majority on the property at 3700 Kavanaugh Blvd.
Additional parking on the block includes ten on street parking spaces located on Kavanaugh
which are largely unused during the day and can be utilized by the restaurant customers during
lunch hours.
In addition, the property at 3604 Kavanaugh is bordered by the Hillcrest Design Overlay District
by Kavanaugh to the west and North Lookout to the south where the parking requirements are
reduced by 50% and on street parking is counted towards the total parking requirement at 1
space per 10 linear feet of street frontage. While the proposed parking plan seeks to meet the
city's parking requirements by providing the maximum number of parking spaces on these
properties, it should be noted that the parking requirements for neighboring properties 20 feet
to the south and 20 feet to the west are determined by reduced standards.
Without the additional parking spaces, it will be very difficult to make the property at 3604
Kavanaugh economically viable since a tenant leasing the building will expect to have additional
parking for its customers. The addition of the parking is much needed for this block of Kavanaugh
and it will have a long term benefit to the neighborhood. Thank you for your consideration in
this matter.
Sincerely,
Robert Tucker
President
Crestview Properties, Inc.
GILL
RAGON
OWEN
A T T O R N E Y S
April 24, 2014
Mr. Jeff Yates, Chairperson
Little Rock Board of Adjustment
Planning and Development Department
723 West Markham Street
Little Rock, AR 72201
Re: File Z-8927
Dear Jeff:
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GILL RAGON OWEN, P.A.
ATTORNEYS AT LAW
425 WESTCAPITOL AVENUE, SUITE 3801
LITTLE ROCK, ARKANSAS 72201
TELEPHONE 501.376.3800
FACSIMILE 501.372.3359
www.gill-law.com
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CHRISTOPHER L. TRAVIS I ATTORNEY
travis0gill-law.com
My firm represents Peartree, Inc., which is the applicant in the above -
referenced zoning file.
We respectfully request that consideration of the application be deferred until
the next meeting, as the applicant's owner will be unable to attend in person.
You should have received from Robert Tucker four full-size copies and one 11
x 17 size copy of a revised site plan showing the proposed parking lot to be located
behind 3700 Kavanaugh for the benefit of a new restaurant to be located at 3604
Kavanaugh.
APPLICATION REVISION
As you know, 3604 Kavanaugh has a pre-existing nonconforming use that
requires 21 parking spaces. It has three spaces on-site , so it needs 18 more.
The applicant originally sought a variance to remove the need for 4 spaces.
However, the applicant has since revised its parking plan so that all required 18
spaces will be provided in a new parking lot to be built behind 3700 Kavanaugh,
which the applicant also owns. Therefore, the applicant withdraws its4-space
variance request.
The applicant, however, maintains its application for a variance related to
the requirement that no more than 25% of its parking be located off-site by using
the 18 spaces in the new lot behind 3700 Kavanaugh.
Please note that there will be an additional 10 unused parking spaces on the
weekends and 15 unused parking spaces during the evenings due to the availability
of spaces unoccupied by Hocott's and the office tenants of 3700 Kavanaugh after
business hours. This brings the total number of parking spaces to 31 on the
weekends and 36 after 5 PM on weekdays plus the 3 located behind 3604
Kavanaugh and the credit for 7 on -street parking spaces. This plan supplies
adequate parking with only 9 spaces over the 25% off-site maximum.
CHANGES TO APPLICANT'S PLAN TO ADDRESS CONCERNS
The applicant understands that parking is precious in its neighborhood. The
applicant also understands the traffic concerns at the complex intersection of
Kavanaugh, Evergreen, North Lookout, and Hillcrest Avenue.
New Parking. The applicant's proposal results in a net increase in the
overall parking capacity in the neighborhood by 27 spaces. The entrance to the new
parking lot will be approximately 180 feet from the complex intersection yet well
within the 300' from the property it serves as required by the City's code. In
addition, the applicant commits that the spaces closest to the entrance of the
proposed parking lot will be dedicated to restaurant customers with 3700
Kavanaugh and Hocott's Nursery using the northernmost spaces . The applicant
will install signage in the new parking lot to effectuate this. Restaurant customers
may walk from the new parking lot either along Kavanaugh or on the alleyway in
back.
Signage. The applicant will also install signs inside and outside the building
at 3604 Kavanugh to direct customers to park in the new parking lot down the
street. We will invite the owner of 3625 Kavanaugh across the street to approve of
the size, design, location, and language of a sign directing EJ's customers not to
park there or risk being towed.
Restaurant Employees. EJ's has committed to an employee and/or
manager to monitor the parking lot at 3625 Kavanaugh and direct any customer
that parks there to move their car to the new lot across the street. Finally, the
restaurant will instruct its employees to either (a) park in one of the three on-site
parking spots, (b) park in the new parking lot, or (c) parking public rights-of-way
other than the parallel parking on Kavanaugh (i.e., employees must park far down
Hillcrest Road or L Street).
RESPONSES TO NEIGHBORS' OBJECTIONS
While the applicant is sympathetic to and understands the neighbors'
concerns, the applicant submits that the neighbors' concerns must be weighed with
the applicant's right to use its property.
The neighbors' concerns would be the same if the proposed use was a
bookstore, a hobby store, or any other commercial use. The applicant believes it is
helping the overall parking problem in this area. Neighbors' concerns about safety
and increased parking along Hillcrest Road may be ameliorated by installing "No
Parking" signs and a stop light at the complex intersection, a decision which the
applicant will gladly support. Neighbors with parking lots may choose to enforce its
signage and have a few cars towed away to demonstrate. Other neighbors may
merely be trying to stifle competition.
Consider that if EJ's were to lease 3000 square feet across the street, within
the Hillcrest Design Overlay District, the parking requirement would be only half of
what it is. The amount of increased traffic would be the same, highlighting the
somewhat arbitrary effects of the Hillcrest DOD boundary.
Please note that the location of the proposed off-site parking lot is an
advantage because it is 200' from the complex intersection and will decrease
congestion there. By leading cars down the street, traffic at the intersection will be
lighter.
Mr. Hawk believes that EJ's customers will park on his property rather than
at the proposed parking lot because the new parking lot will be too far from EJ's
door. In reality, the distance of the farthest parking space located in front of 3700
Kavanaugh and used by So's customers is 260 feet while the distance of the closest
parking space on the proposed parking lot designated for EJ's is also 260 feet. The
distance of the farthest parking space to be utilized by EJ's in the proposed lot is
360 feet whereas the distance of the farthest observed So customer's car parked on
L Street is 360 feet. Clearly, individuals do and will walk these distances; Hillcrest
is a pedestrian -friendly place.
Please note that the retail store owners and the owner of the apartment
building across the street have expressed their support and welcome the addition of
EJ's and the proposed parking lot. They believe increased pedestrian traffic will
help their businesses due to and thus increase their exposure to new customers.
Most importantly, this is the only property along Kavanaugh where the
owners have the ability to create a new parking lot with 31 spaces in an area of the
city where parking is a major issue and much needed regardless of the applicant's
proposed use and extensive measures to alleviate the objections raised. It is our
belief that the benefits outweigh the negatives: the parking situation is improved,
an existing business with an operating history in Hillcrest and an experienced
owner is added to the neighborhood, the retailers across the street benefit from the
extra exposure, and the street is safer because the tenants of 3700 Kavanaugh and
So's customers no longer have to back out into Kavanaugh on a blind curve.
Finally please consider that the applicant's property at 3604 Kavanaugh is
small, irregularly shaped, bounded by existing streets, and burdened with a sharp
topographical drop off from west to east, which will not allow on-site parking
beyond the 3 existing spaces. These are "circumstances unique to the individual
property under consideration." Granting the variance "will be in keeping with the
spirit and intent provisions of the ordinance." As such this request falls squarely
within the variance provisions of the City's code and related state statutes. To deny
the owner of a small, steep, irregularly shaped lot a parking variance would be
inconsistent with the Board's prior variance decisions, arbitrary, and capricious. It
would represent granting some landowners greater protection of the law than
others.
The applicant believes it has presented a reasonable application for a
variance and that the new parking lot will greatly help the neighborhood's parking
problems. The applicant requests that its variance be granted when it is considered
by the Commission. Thank you.
Si r ly,
rstopher L. Travis
MAY 19, 2014
ITEM NO.: B
File No.:
Owner/Applicant:
Address:
Description:
Zoned:
Z-8934
Derek Clifton
29 Summerland Court
Lot 393, Ludington Heights Addition
R-2
Variance Requested: A variance is requested from the fence provisions of Section 36-516
to construct a fence which exceeds the maximum height allowed.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
0
Public Works Issues:
No Comments.
Staff Analysis:
The R-2 zoned property at 29 Summerland Court is occupied by a two-story frame
single family residence. The property is located near the south end of
Summerland Court and backs up to Reservoir Road. There is a two -car wide
drive from Summerland Court which leads to a frame garage at the south end of
the residence. There is an existing six (6) foot high wood fence which encloses the
rear yard portion of the lot.
The applicant proposes to replace the north/south section of fence which runs
along the rear (east) property line with an eight (8) foot high wood fence, as noted
on the attached site plan. The applicant is requesting the taller fence to provide
better security for his lot. The fence along both side property lines will remain at
six (6) feet in height.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence
height of six (6) feet in residential zones, with a maximum height of four (4) feet for
fences located between a building setback line and a street right-of-way.
Therefore, the applicant is requesting a variance to allow the wood fence within the
rear 25 feet (required rear building setback) of the lot with a height which exceeds
four (4) feet.
MAY 19, 2014
ITEM NO.: B (CON'T.)_
Staff is supportive of the requested variance. Staff views the request as
reasonable. The property backs up to Reservoir Road which is a fairly busy street.
The taller fence will not only provide better security for the single family lot, but will
also reduce the noise level from the Reservoir Road traffic. The fence will not be
out of character with the neighborhood. There are other fences along the
Reservoir Road frontage and throughout the neighborhood which exceed the
maximum allowed height. Staff believes the proposed fence height will have no
adverse impact on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested fence height variance, as filed.
BOARD OF ADJUSTMENT
(April 28, 2014)
Staff informed the Board that the application needed to be deferred to the May 19, 2014
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 May 19, 2014 agenda.
The vote was 5 ayes, 0 nays and 0 absent. The item was deferred.
BOARD OF ADJUSTMENT
(May 19, 2014)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. There was no further discussion.
The item was placed on the Consent Agenda for approval as recommended by staff.
The vote was 4 ayes, 0 nays and 1 absent. The application was approved.
1�� 8
z7 -ff934
Derek Clifton
29 Summerland Ct
Little Rock, AR 72227
To Whom It May Concern:
The purpose of this cover letter is to request a variance to replace my current 6ft wood fence
with a more sturdy 8ft wood fence for the purpose of better protection for my home.
I currently live at the above mentioned address, and the back line of my property bumps up to
Reservoir Road. When I moved into this property we had very little problems with vandalism, and theft,
but over the past year everyone in my neighborhood has been the victim of theft from their homes to
their vehicles. I am finding kids backpacks and women's purses on a weekly basis behind my fence line.
Whoever is the culprit of this theft is using my backyard as a way to escape the eye sight of anyone who
could catch them by jumping my fence, and walking the fence line to get to either Reservoir Rd, or the
adjacent weekly rental apartments. I also work away from home quite a bit so there is also a safety
concern for my wife two year old daughter.
I hope you agree with my need for an 8ft privacy fence and approve the variance so that I can try and
curb the ease of access to the criminal or criminals causing this trouble. Thank you for taking the time to
consider my request.
Derek Clifton
MAY 19, 2014
ITEM NO.: 1
File No.: Z -8914-A
Owner: Charles F. Albright
Applicant: Katherine Ramm
Address: 5400 S. Grandview Road
Description: Lot 54, Grandview Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-254
and the building line provisions of Section 31-12 to allow an addition with reduced setbacks
and which crosses a platted building line.
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
V
Public Works Issues:
No Comments.
Staff Analysis:
The R-2 zoned property at 5400 S. Grandview Road is occupied by a one-story
brick and frame single family residence. The property is located at the southwest
corner of S. Grandview Road and N. Grandview Road. A two -car wide driveway
from S. Grandview Road is located near the southeast corner of the property. The
property contains a 30 foot platted building line along each street property line.
The northeast corner of the residence slightly encroaches over the platted building
line along N. Grandview Road.
On February 24, 2014 the Board of Adjustment approved front and side setback
variances, as well as a building line encroachment for a one-story enclosed garage
and room addition to the south end of the residence (see attached plan noted
"previously approved"). The previous approval included the southeast corner of
the addition being located 15 feet back from the east property line and encroaching
across the platted building line along the S. Grandview frontage. The addition was
also approved with a setback of five (5) feet (corner relation) from the south side
property line.
MAY 19, 2014
ITEM NO.: 1 (CON'T.)
The applicant has revised the previously approved site plan by making the one-
story addition slightly larger and changing the garage portion to an unenclosed
carport, as noted on the attached "revised site plan." The revised plan maintains
the same five (5) foot setback (corner relation) from the south side property line.
The southeast corner of the addition is now located 10 feet back from the east
property line, encroaching across the platted building line along the S. Grandview
frontage.
Section 36-254(d)(1) and (2) of the City's Zoning Ordinance requires a minimum
front setback of 25 feet and a minimum side setback of eight (8) 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 building addition
with reduced front and side setbacks and which crosses a front platted building
line, as revised from the previous approval.
Staff is supportive of the requested setback and building line variances. Staff
views the request as reasonable given the current lot configuration, house
placement and street curvature. The lot contains 30 foot platted building lines
along both street frontages which limits the amount of buildable area on the site.
The typical front setback in R-2 zoning is 25 feet. The house was originally placed
on the lot at an angle in an attempt to maximize the front yard area and curb
appeal of the structure given the fact that the lot has less than a 90 degree corner
at the intersection. Although a front setback variance is requested, the street
curvature along S. Grandview Road will aid in not having the proposed addition
seem out of alignment with the homes to the south along S. Grandview Road.
Only approximately 370 square feet of the proposed addition will cross the platted
building line, with only approximately 225 square feet encroaching into the typical
25 foot front setback. This situation is much different than if the lot were located
within a lot and block grid subdivision as exists further to the west. Staff believes
the proposed carport/room addition with reduced setback and building line
encroachment 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 front building line for the
addition. The applicant should review the filing procedure with the Circuit Clerk's
office to determine if the replat requires a revised Bill of Assurance.
C. Staff Recommendation:
Staff recommends approval of the requested setback and building line variances,
subject to the following conditions:
1. Completion of a one -lot replat reflecting the change in the front platted
building line as approved by the Board.
2. The carport portion of the addition must remain unenclosed on its
north, south and east sides.
MAY 19, 2014
ITEM NO.: 1 (CON'T.)
BOARD OF ADJUSTMENT
(May 19, 2014)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. There was no further discussion.
The item was placed on the Consent Agenda for approval as recommended by staff.
The vote was 4 ayes, 0 nays and 1 absent. The application was approved.
April 3, 2014
To: The Departement of Planning and Development
723 W. Markham
Little Rock, AR 72201
Requested Cover letter to the Proposal for Variance Application
This application is being made for the R-2 zoned property located at
5400 South Grandview Rd.
A variance was approved for this location on February 27th. Please
find the attached copy.
This request for a variance is a revision to the February 27th
Variance item referred to as "I st Request". The revision is indicated on
the attached drawing as well as in written form below.
After reviewing remodeling costs it was determined that the cost to
construct an enclosed garage is prohibitive. It is more cost efficient to
revise the enclosed garage to house a bedroom, bath, and carport and
simply do cosmetic upgrades in the rest of the house. The drawings have
been revised accordingly. This causes the carport columns and roof to
encroach over the building line. -
request the following revision to the February 27th Variance:
Change the encroachment on the 30' bulling line,placing a new set
back point of 10', as indicated on the attached drawing.
This revision allows space for covered parking and storage of yard
tools as stated in the Feb. 27th variance. The addition becomes less of a
solid structure due to the open construction of the carport. The original
request for this addition was based on the configuration of the lot, and
house placement. That remains the main reason for this request including
economic considerations as indicated.
Thank you again for taking the time to review the enclosed-
information.
nclosedinformation.
Respectfully,
Katherine Ramm
Proxy for Charles F. Albright
MAY 19, 2014
ITEM NO.: 2
File No.: Z-8940
Owner/Applicant: Gary and Julie Williams
Address: 4117 Lacy Lane
Description: Lot 9, Amended Plat of Jesse S. Reed Addition
Zoned: R-2
Variance Requested: A variance is requested from the fence provisions of Section 36-516
to allow a fence which exceeds the maximum height allowed.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The R-2 zoned property at 4117 Lacy Lane is occupied by a one-story brick and
frame single family residence. The property is located at the southeast corner of
Lacy Lane and Taylor Loop Road. There is a two -car wide driveway from Lacy
Lane which serves as access. A six (6) foot high wood fence exists along the rear
(east) property line. The lot contains 25 foot front and street side platted building
lines, along the Lacy Lane and Taylor Loop Road frontages.
The applicant proposes to construct a six (6) foot high wood fence to enclose a
portion of the yard space between the house and Taylor Loop Road, as noted on
the attached site plan. The new fence will extend from the northwest corner of the
house to the front building line and along the Taylor Loop Road side property line.
The fence will be set in approximately nine (9) feet from the north street side
property line and tie into the existing fence along the rear (east) property line. Two
(2) smaller sections of new fencing will be located near the southeast corner of the
property.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence
height of four (4) feet for fences located between a building setback line and a
street right-of-way. A maximum fence height of six (6) feet is allowed elsewhere
on the lot. Therefore, the applicant is requesting a variance to allow that portion of
MAY 19, 2014
ITEM NO.: 2 (CON'T.)
the six (6) foot high fence between the 25 foot street side platted building line and
the Taylor Loop Road right-of-way.
Staff is supportive of the requested fence height variance. Staff views the request
as reasonable. Only that portion of the fence located between the 25 foot platted
building line and Taylor Loop Road needs a variance. The remainder of the new
fence will conform to ordinance requirements. As noted earlier, the fence will be
pulled back approximately nine (9) feet from the north side property line. The
residence immediately to the east, which also has a street side yard along Taylor
Loop Road, has a six (6) foot high wood fence located on its north street side
property line. The proposed fence will not be out of character with other fences in
the area, and should have no adverse impact on the adjacent properties or the
general area.
C. Staff Recommendation:
Staff recommends approval of the requested fence height variance, subject to the
"finished" side of the fence facing outward to Lacy Lane and Taylor Loop Road.
BOARD OF ADJUSTMENT
(May 19, 2014)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. There was no further discussion.
The item was placed on the Consent Agenda for approval as recommended by staff.
The vote was 4 ayes, 0 nays and 1 absent. The application was approved.
April 21, 2014
Board of Adjustment
Department of Planning & Development
723 W. Markham
Little Rock, AR 72201
RE: Application for Residential Zoning Variance
Dear Board Members:
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Please allow me to introduce our selves. We are Gary and Julie Williams,
currently residing at 4415 Deer Park Drive in Little Rock Arkansas. We have
acquired the property at 4117 Lacy Lane (one block west of our current residence)
from the death of Gary's mom, Martha H. Williams, in December 2013.
We are requesting a variance of the required 4 foot fence to a 6 foot fence. We
are requesting that the fence be 9 foot from the existing sidewalk.
The reason for the request is a selfish one but none the less important to us.
Since we no longer have children at home and the square footage of our current
residence is 2802 square feet, we have decided to downsize to a smaller home.
We have 2 dogs, one is a black lab and one is a % lab and % bloodhound. One
weighing 75 lbs and the other weighing 95lbs. A four foot fence will not hold the
bloodhound in and we would like to have a larger yard for them. As you can see
on the survey, the back yard area is very small with the larger area on the side.
Therefore, we would like to utilize as much property on the side that we can. This
fence in no way causes an obstruction from any direction.
Thank you for your consideration in this matter.
Sincerely,
"A i
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illi ms
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J ie L. Williams
MAY 19, 2014
ITEM NO.: 3
File No.: Z-8941
Owner/Applicant: Walid Ismael
Address: 3208 S. University Avenue
Description: West side of University Avenue, South of W. 32nd Street
Zoned: C-3
Variance Requested: A variance is requested from Section 36-550 to allow a directional
sign larger than permitted by code.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Restaurant
Proposed Use of Property: Restaurant
STAFF REPORT
Al
Public Works Issues:
No Comments.
Staff Analysis:
The C-3 zoned property at 3208 S. University Avenue is occupied by a one-story
commercial building which houses a Popeye's restaurant. Driveways from S.
University Avenue serve as the primary access to the property. Town and Country
Avenue, a private street, runs from W. 32nd Street along the west (rear) property
line. The private street serves as a rear secondary access to the Popeye's
restaurant as well as several other businesses to the north and south, including a
UALR parking lot.
The applicant recently installed a second ground -mounted sign on the property
along the rear (west) property line, as noted on the attached site plan. The sign is
approximately 15 feet tall, with an area of approximately 22 square feet. The
applicant placed the sign along the rear property line to serve as a
directional/informational-type sign to identify the rear access to the property for
customers and to help prevent UALR students from parking in Popeye's lot.
Section 36-550(5) of the City's Zoning Ordinance allows two (2) directional /
information signs per lot, not to exceed four (4) square feet in sign area and six (6)
feet in height. Therefore, the applicant is requesting a variance from this ordinance
requirement to allow the larger directional/information sign.
MAY 19, 2014
ITEM NO.: 3 (CON'T.)
Staff supports the requested sign variance. Staff views the request as reasonable.
The applicant has had problems with UALR students utilizing his parking lot and
needed signage to clearly identify his property/parking lot, and distinguish it from
the adjacent UALR parking lot to the south. Staff feels that the proposed sign
accomplishes the applicant's needs. Although Town and Country Avenue is not
constructed to commercial street standards, it essentially functions as a
commercial street serving as secondary access to more than a dozen businesses
from W. 32nd Street to Colonel Glenn Road. Therefore, staff feels that the sign as
proposed is not out of place and will provide direction to the property. Staff
believes the proposed sign will have no adverse impact on the adjacent properties
or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested sign variance, as filed.
BOARD OF ADJUSTMENT
(May 19, 2014)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. There was no further discussion.
The item was placed on the Consent Agenda for approval as recommended by staff.
The vote was 4 ayes, 0 nays and 1 absent. The application was approved.
April 15, 2014
To: Department of Planning and Development
RE: Zoning Variance
Property Address: Popeyes
3208 S. University
Little Rock, AR 72204
Dear respected board members,
I appreciate approving the submitted directional sign, that we are using in order to restrict
our limited space parking lot to our customers. We've been having ongoing problem with
UALR people using our parking space, which adversely affect our business and cause us
to loose many customers, in particular during our rush ours. Please help us to approve the
directional sign.
Thank you
Walid Ismael
501-912-1572
MAY 19, 2014
ITEM NO.: 4
File No.: Z-8942
Owner/Applicant: Kevin and Meredith Gann
Address: 12 Mockingbird Lane
Description: Lot 533, Kingwood Place Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-156
to allow a detached carport addition with reduced front setback and separation.
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
0
Public Works Issues:
No Comments
B. Staff Analysis:
The R-2 zoned property at 12 Mockingbird Lane is occupied by a one-story brick
and frame single family residence. The property is located on the north side of
Mockingbird Lane, between Keightly Drive and Indian Trail. There is a two -car
wide driveway from Mockingbird Lane at the southwest corner of the lot. A garage
is located at the southwest corner of the house.
The applicant recently began construction of an 18 foot by 18 foot detached
carport over a portion of the existing driveway, as noted on the attached site plan.
The carport structure has been framed, and is located approximately one (1) foot
from the facia of the house. The detached carport structure is located 10 to 12 feet
back from the west side property line and 12 feet to 14 feet back from the front
(south) property line. The carport is unenclosed on all sides.
Section 36-156(a)(2)c. of the City's Zoning Ordinance requires that accessory
(detached) structures be located at least 60 feet back from front property lines in
residential zones. Section 36-156(a)(2)b. requires that accessory structures be
separated from principal structures by at least six (6) feet. Therefore, the applicant
is requesting variances from these ordinance standards to allow the detached
carport with a reduced front setback and separation.
MAY 19, 2014
ITEM NO.: 4 (CON'T.)
Staff does not support the requested variances. Staff does not view the variances
as reasonable. The proposed encroachment into the required front setback is out
of character with the neighborhood. There are no similar encroachments along
either side of Mockingbird Lane. Staff was also unable to identify any similar front
encroachments within the overall neighborhood. Staff believes the proposed
carport structure is out of place and that it has an adverse visual impact on the
adjacent properties as well as the other properties along Mockingbird Lane.
C. Staff Recommendation:
Staff recommends denial of the requested setback and separation variances.
BOARD OF ADJUSTMENT
(May 19, 2014)
Kevin Gann was present, representing the application. There were no objectors
present. Staff presented the application with a recommendation of denial.
Kevin Gann addressed the Board in support of the application. He noted that the
existing garage at the southwest corner of the home was not fully functional for parking
as it was not very deep. He noted that there were other homes in the area which had
covered parking. He explained the need for covered parking for his family and
presented photos to the Board.
There was a brief discussion regarding the existing garage and what could be built and
added to the existing garage. Mr. Gann indicated that he could shorten the carport to
14 feet and attach it to the house. This issue was discussed further.
Procedural issues were briefly discussed. The issue of deferring the application was
discussed.
Vice -Chairman Wingfield noted that he could not support the front setback variance as
proposed. The issue of revising the application was discussed.
Mr. Gann requested that the application be deferred to the June 30, 2014 Agenda. A
motion was made to defer the application to June 30, 2014. The motion passed by a
vote of 4 ayes, 0 nays and 1 absent. The application was deferred.
To Whom it may concern,
I am requesting a variance because, I am proposing to construct an 18' by 18'
wood construct pergola style two car carport. The carport will encroach 14' into
the front setback, per Little Rock code of ordinance section 36-254(d)(1). It will be
a one story self supporting structure with a metal roof.
The original carport was built in for living and storage space by previous
owners. I would like to add covered parking/front patio. I believe this addition will
add more livability and another level of security to the home. This is also the
southern exposure on the home.
I do not forsee that this addition would cause the see to incur more
responsibility, nor hinder the city's access to utilities already in place.
Thank You for considering my request,
Kevin Gann
MAY 19, 2014
ITEM NO.: 5
File No.: Z-8943
Owner/Applicant: Douglas Detrick
Address: 824 Ridgecrest Drive
Description: Lot 1, Ridgecrest Manor 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 rear setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The R-2 zoned property at 824 Ridgecrest Drive is occupied by a one-story brick
and frame single family residence. The property is located at the southwest corner
of Ridgecrest Drive and "H" Street. A two -car wide driveway from "H" Street
serves as access to the property. The property has a 25 foot front platted building
line along the Ridgecrest Drive frontage and a 20 foot side platted building line
along the "H" Street frontage.
The applicant proposes to construct a 10 foot by 20 foot addition (one-story) on the
rear of the house, as noted on the attached site plan. The addition will maintain the
same 20 foot street side setback as the residence. The addition will be located 15
feet back from the rear (west) property line.
Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear
setback of 25 feet for this R-2 zoned lot. Therefore, the applicant is requesting a
variance to allow the proposed building addition with a reduced, 15 foot rear
setback.
Staff is supportive of the setback variance request. Staff views the request as
reasonable. The proposed building addition is very small in scale and will contain
a fairly low (hip -style) roof line. If the lot contained two (2) 25 foot platted building
lines, instead of one (1) 25 foot building line and one (1) 20 foot building line, the
rear setback could be reduced to eight (8) feet. Staff feels that this lot meets the
MAY 19, 2014
ITEM NO.: 5 (CON'T.)
intent of this code requirement/allowance. Staff believes the proposed building
addition with reduced rear setback will have no adverse impact on the adjacent
properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested rear setback variance, as filed.
BOARD OF ADJUSTMENT
(May 19, 2014)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. There was no further discussion.
The item was placed on the Consent Agenda for approval as recommended by staff.
The vote was 4 ayes, 0 nays and 1 absent. The application was approved.
City of Little Rock, Arkansas
Department of Planning and Development
723 West Markham
Little Rock, AR
824 Ridgecrest Drive
Little Rock, AR 72205
April 14, 2014
Commission Members:
Subject: Request for variance
-T�-"'- 4,-
I live at 824 Ridgecrest Drive in Little Rock. We have a two car garage, attached to the house,
facing the "H" Street side of the property. The clearance from the back property line is 25 ft.
Your office advised me that 25 ft. is the required space from property line to the dwelling. I
want to add 10 feet to the garage. That would make the space 15 ft. from the property line to the
dwelling. As the depth of the garage is 20 ft., the addition would be 10 ft. by 20 ft. We will finish the
add-on as near to the present dwelling as possible. (Available brick and roofing material would be the
only possible difference).
The area for which the variance is requested is not readily visible to a close neighbor. The "H"
street side (west) has no neighbor's dwelling, just a work shop and garden adjoins our property. The
dwelling across "H" Street (north) is not able to view the proposed addition from the main living area.
The dwelling to the (south) cannot view this area from inside their dwelling. The dwelling across
Ridgecrest Drive (east) cannot view the area from inside their dwelling.
The addition will be used as a work shop for my woodworking hobby during my retirement.
There are no commercial aspects to the woodworking.
I live with my wife, who has high blood pressure and diabetes and my daughter who has
multiple sclerosis. Neither of these ladies may to be left alone for long periods. Therefore to pursue my
hobby at another location is not practical.
Enclosed are six copies of the recent survey with the proposed improvement marked.
Please provide a positive response to my variance request. Thank you for your consideration.
Sincerely,
Doug D trick
MAY 19, 2014
ITEM NO.: 6
File No.: Z-8944
Owner: Adell A. Fogleman Revocable Trust
Applicant: Carolyn Lindsey
Address: 5236 N. Grandview Road
Description: Lot 31 and parts of Lots 30 and 32, Grandview Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Sections 36-254
and 36-156, and the building line provisions of Section 31-12 to allow a carport addition with
reduced setbacks and building line encroachment, and a detached carport with 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
Q
V
Public Works Issues:
If the Board approves this application, the approval will not include the proposed
new parking pad in the right-of-way, along the front property line. The new parking
pad must be approved through a franchise application. Contact Bennie Nicolo at
371-4818 for details.
Building 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.
MAY 19, 2014
ITEM NO.: 6 (CON'T.)
C. Staff Analysis:
The R-2 zoned property at 5236 N. Grandview Road is occupied by a one-story
brick and frame single family residence. A 20 foot wide alley right-of-way runs
along the rear (north) property line. A two -car wide driveway from the alley at the
northeast corner of the property serves as access. A frame accessory building is
located at the south end of the driveway, within the rear yard area. A swimming
pool is also located in the rear yard. The lot contains a 30 foot front platted
building line.
The applicant proposes to construct two (2) carport additions (one-story) to the
property, as noted on the attached site plan. The first is a carport addition at the
southeast corner of the house. The carport addition will be approximately 14 feet
wide and 23 feet deep. The proposed addition will cross the front platted building
line by 14 to 16 feet, resulting in a front setback of 14 feet at the addition's
southeast corner and 16 feet at the southwest corner. The side (east) setback will
range from 1.5 feet to 5.5 feet. The carport addition will be unenclosed on its
south, east and west sides. This proposed carport addition will include a new
driveway from N. Grandview Road at the southeast corner of the lot. The applicant
is also proposing a new parking pad within the right-of-way along the front (south)
property line.
The second carport addition will be to the north side of the existing detached frame
structure in the rear yard area. This carport addition will be 20 feet by 22 feet in
area and cover a portion of the existing driveway. The addition will be located one
(1) foot to five (5) feet back from the east side property line and approximately 28.5
feet back from the rear (north) property line. This detached carport addition will be
unenclosed on its north and east sides. There will be a wall along the west side
adjacent to the swimming pool area.
Sections 36-254(d)(1) and (2) of the City's Zoning Ordinance require minimum
front and side setbacks of 25 feet and eight (8) feet for the attached carport
addition. Section 31-12 (c ) of the Subdivision Ordinance requires that building line
encroachments be reviewed and approved by the Board of Adjustment. Section
36-156(a)(2)f. requires a minimum side setback of three (3) feet for accessory
structures in R-2 zones. Therefore, the applicant is requesting variances from
these ordinance requirements to allow the proposed attached carport addition with
reduced front and side setbacks and building line encroachment, and the proposed
detached carport addition with a reduced side setback.
Staff does not support the variances, as requested. Staff has no issues with the
proposed detached carport addition and supports its side setback variance.
However, staff does not support the proposed front setback and building line
variances associated with the proposed attached carport addition at the southeast
corner of the residence. Staff feels that the proposed front encroachment will be out
of character with the other homes along the north side of N. Grandview Road,
between N. Taylor Street and Blue Ridge Circle. There are no similar
carport/addition-type encroachments within this area. Although it may not be an
ideal situation for the property owner, an option for covered parking does exist in the
MAY 19, 2014
ITEM NO.: 6 (CON'T.)
rear yard area. The other homes along this stretch of N. Grandview Road (north
side) take access from the rear alley. Staff believes the proposed attached carport
addition with front encroachment will have a negative visual impact on the adjacent
properties and others along N. Grandview Road.
If the Board approves the building line variance, the applicant will have to complete a
one -lot replat reflecting the change in the platted front building line for the addition.
The applicant should review the filing procedure with the Circuit Clerk's office to
determine if the replat requires a revised Bill of Assurance.
D. Staff Recommendation:
Staff recommends denial of the requested variances associated with the proposed
carport additions.
BOARD OF ADJUSTMENT
(May 19, 2014)
Staff informed the Board that the applicant submitted a letter requesting deferral of the
application to the June 30, 2014 Agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda for deferral to the June 30, 2014 Agenda.
The vote was 4 ayes, 0 nays and 1 absent. The application was deferred.
Yeary Lindsey Architects
T4
April 21, 2014 ;F -
Mr. Monte Moore
Department of Neighborhoods and Planning
723 West Markham
Little Rock, AR 72201
RE: Zoning Variance Application for 5236 N. Grandview Rd.
Dear Monte,
This project for Ms. Dell Fogleman consists of a new front entry porch, a new parking pad at N.
Grandview for guests, a new attached single -car carport at the N. Grandview level and a new
unattached two -car carport at the Scenic, lower rear level. Ms. Fogleman is pursuing these projects to
ensure her safety and that of her guests that park on N. Grandview. The only off street parking she
currently has is at the rear, requiring her to enter on the lower level and climb stairs to get to the main
IN. Grandview) level. Due to the degeneration of her knees, she wants a solution that will allow her to
age in place.
We are requesting a zoning variance to allow an encroachment of 14' at the SW corner and 16'
at the SE corner into the 30' Building Line at the front of the lot for the purpose of constructing the
single -car carport adjacent to the Kitchen. This will also require a reduction of the required 8' east side
yard setback to 5.5' at the SE corner of the carport and to 1.5' at the NE corner. The pie shape nature
of this lot prevents us from pushing the carport further to the north and accounts for the variation in
encroachment, which allows the narrowest portion of the setback to exist only for a small length of the
carport.
The two -car carport accessed from Scenic at the rear of the lot is attached to an accessory
building and will require a reduced side yard setback also due to the pie -shaped lot. It will require the
setback of X to be reduced to Vat the NE corner as well.
The front porch will be built within the confines of the setbacks, with only a single step with a 6"
riser encroaching into the 30' Building Line. The parking pad is designed to allow guests to parallel park
just off of the street.
While the Grandview carport and front porch will be supported by 16" square painted brick
columns, the Scenic carport will be constructed of square PermaCast columns on masonry pedestals.
We will provide gutters and downspouts along the north and south side of the Grandview carport, taking
the water underground toward N. Grandview, and along the east and west side of the Scenic carport.
The two houses to the west of this house have extensive landscape features (pergolas) within
the front setback. The house at 5223 N. Grandview, across the street, received a variance to build a
Garage within the front setback. It might also be noted that the house to the east has an attached
carport on the western portion of their lot and that the curving nature of this street keeps this new
carport from being a prominent feature.
We feel the addition of the carport to the front of the house is in keeping with the existing density
of the neighborhood. Thank you for your time and consideration.
Sincerely, I A
V�
Carolyn A. Li ey, AIA
3416 Old Cantrell Road Little Rock, Aarkansas 72201 501-372-5940 FX: 501-663-0043
MAY 19, 2014
ITEM NO.: 7
File No.: Z-8945
Owner/Applicant: Paul Donagher and Vanessa Weiss
Address: 1827 N. Jackson Street
Description: Lot 43 and part of Lot 44, 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
0
Public Works Issues:
No Comments.
Staff Analysis:
The R-2 zoned property at 1827 N. Jackson Street is occupied by a one-story
frame single family residence. The property is located on the east side of N.
Jackson Street, between Club Road and Cantrell Road. A two -car wide driveway
from N. Jackson Street is located at the northwest corner of the lot. The driveway
narrows to a one (1) car width and leads to a single -car garage (detached) at the
northeast corner of the residence. The lot contains a 30 foot front platted building
line.
The applicant proposes to construct an addition to the north side of the residence,
attaching the existing garage to the house, as noted on the attached site plan. The
addition includes a carport on the west side of the existing garage. The addition
will have the appearance of being one (1) story in height, as viewed from the front,
with living space above the carport and existing garage within the roofline of the
addition. The addition will be located five (5) feet from the north side property line
and approximately 47 feet back from the front (west) property line.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side
setback of 6.2 feet for this R-2 zoned lot. Therefore, the applicant is requesting a
variance to allow the proposed addition with a reduced side setback of five (5) feet.
MAY 19, 2014
ITEM NO.: 7 CON'T.
Staff is supportive of the requested side setback variance. Staff views the request
as reasonable. The proposed encroachment into the required side yard is very
minor in nature. If this lot were 50 feet wide, as are numerous lots throughout this
neighborhood, the five (5) foot side setback as proposed would comply with the
ordinance. There are a number of homes in this neighborhood which have five (5)
foot (or lesser) side setbacks. Staff feels that the side setback as proposed is
maintaining the character of the neighborhood. Staff believes that the reduced
side setback will have no adverse impact on the adjacent properties or the general
area. Adequate separation will exist between the proposed addition and the
residence immediately to the north.
C. Staff Recommendation:
Staff recommends approval of the requested side set back variance, subject to
the carport portion of the addition remaining unenclosed on its north and west
sides.
BOARD OF ADJUSTMENT
(May 19, 2014)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. There was no further discussion.
The item was placed on the Consent Agenda for approval as recommended by staff.
The vote was 4 ayes, 0 nays and 1 absent. The application was approved.
April 21, 2014
Dept. of Planning & Development
723 West Markham
Little Rock, AR
Dear -Little -Rock Board -of -Adjustment,
TI,, -4 7
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1827 North Jackson Street
Little Rock, AR 72207
We are requesting a variance to the side yard setback of the City Of Little Rock building codes.
We are in need of more space for our growing family. Rather than move, we would like to add
on to our current house. The existing roof -attached garage is not being used as a garage, so we
would like to enclose it and extend it to create a covered carport. This will allow us enough roof
coverage to add a couple of bedrooms and a bath in the new attic space as well as a playroom
downstairs off the kitchen. Our issue is that the current garage is only 5' off the property line.
This would be okay if we had a typical 50' lot, but our lot is 62'. Because of the location of the
existing garage and driveway, this plan seems to be the most economical, is aesthetically
pleasing, and matches the existing architecture well. We are asking that a variance be approved
to allow us to enclose the existing garage extending toward N. Jackson Street with a new carport
maintaining the existing 5' side yard setback. This would require the approval of a 14" side yard
encroachment.
Sincerely,
6 D � r
Paul and Vanessa Donagher
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MAY 19, 2014
There being no further business before the Board, the meeting was adjourned at 3:22
p.m.
Date: IZ& /(I
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Vf'r-e-Chairman