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boa_07 28 2014LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES JULY 28, 2014 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 June 30, 2014 meeting were approved. III. Members Present: Jeff Yates, Chairman Brad Wingfield, Vice Chairman Rajesh Mehta Carolyn Lindsey Polk Robert Winchester Members Absent: None City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT OLD BUSINESS: A. Z-8942 B. Z -5386-A NEW BUSINESS: AGENDA JULY 28, 2014 2:00 P.M. 12 Mockingbird Lane 1021 Jessie Road 1. Z -962-B 7525 Cantrell Road 2. Z -4336 -NN 922 Battery Street/1908 W. 10th Street 3. Z -8629-A 102 S. Rodney Parham Road 4. Z -8849-A 10121 N. Rodney Parham Road 5. Z-8960 1920 N. Grant Street 6. Z-8961 2923 N. Taylor Street 7. Z-8962 19 Cascades Drive 8. Z-8963 7 River Ridge Road 9. Z-8965 20 Bella Rosa Court JULY 28, 2014 ITEM NO.: A 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. JULY 28, 2014 ITEM NO.: A (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. Staff Update: On June 9, 2014, the applicant submitted a letter to staff requesting that this application be deferred to the July 28, 2014 agenda. Staff supports the deferral request. JULY 28, 2014 ITEM NO.: A (CON'T.) BOARD OF ADJUSTMENT (June 30, 2014) Staff informed the Board that the applicant submitted a letter requesting deferral of the application to the July 28, 2014 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the July 28, 2014 Agenda. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. Staff Update: The applicant submitted a revised site plan to staff on June 24, 2014. The revised plan shows the proposed carport being shortened to 15 feet and attached to the house. The carport remains 18 feet wide, and unenclosed on its east, west and south sides. The resulting front setback is 16.5 feet at the southwest corner of the proposed carport and 17.5 feet at the southeast corner. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Therefore, the applicant is requesting a variance from this section to allow the carport addition as revised with a reduced front setback. Based on the fact that the carport is now shown to be attached, there is no variance from Section 36-156. Staff does not support the plan as revised by the applicant. Staff believes the carport should have a slightly increased front setback. As noted at the May 19, 2014 hearing, staff could support a variance to allow a minimum front setback of 20 feet. BOARD OF ADJUSTMENT (July 28, 2014) Kevin Gann was present, representing the application. There were no objectors present. Staff presented the revised application with a recommendation of denial. Kevin Gann addressed the Board in support of the application. He noted that the design of the carport addition was in keeping with the residence and neighborhood. He noted that the size of the proposed carport had been reduced to a minimum size without impacting access to the rear yard area. He presented a petition of support from neighbors. The size of the carport was briefly discussed. There was a motion to approve the reduced front setback variance associated with the revised plan, subject to the carport addition remaining unenclosed on its east, west and south sides. The motion passed by a vote of 5 ayes, 0 nays and 0 absent. The revised application was approved. 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 JULY 28, 2014 ITEM NO.: B File No.: Z -5386-A Owner: JWL Limited Partnership Applicant: Casi Runnells, Colliers International Address: 1021 Jessie Road Description: Southeast corner of Jessie Road and Riverfront Drive Zoned: 1-3 Variance Requested: A variance is requested from the sign provisions of Section 36-557 to allow wall signs without street frontage. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Office Warehouse Proposed Use of Property: Office Warehouse STAFF REPORT U Public Works Issues: No Comments B. Staff Analysis: The 1-3 zoned property at 1021 Jessie Road is occupied by a one-story office/warehouse building. The property is located along the south side of Jessie Road, a private street which runs between Riverfront Drive and Cottondale Lane. Paved parking is located between the building and Jessie Road. The building backs up to the Junior Deputy baseball park, with the south side of the office/warehouse building being visible from Cantrell Road. The building contains multiple tenants. The applicant is proposing to allow each individual tenant to place wall signage on the building's south fagade, to be visible from Cantrell Road. The applicant is requesting that each tenant's wall signage not exceed ten (10) percent of the building fagade area for which each tenant occupies. Section 36-557(a) of the City's Zoning Ordinance requires that all on -premise wall signs face required street frontage. Therefore, the applicant is requesting a variance from this ordinance standard to allow wall signage on the south side of the building. The Junior Deputy ball park is located between the south building fagade and Cantrell Road. JULY 28, 2014 ITEM NO.: B (CON'T.) Staff does not support the sign variance, as filed. Staff is not opposed to the individual tenants having signage on the south side of the building to identify their location. However, staff feels that ten (10) percent of the building fagade area is too much signage. This amount of signage represents principal commercial signage. Staff feels that the signage on the south side of the building should be secondary signage, with the principal business signage on the front of the building, facing Jessie Road. Staff could support a non -lighted wall sign for each tenant on the south building fagade not to exceed 32 square feet. Staff feels that a wall sign of this size would be adequate to identify each tenant's location in the building. C. Staff Recommendation: Staff recommends denial of the requested sign variance, as filed. BOARD OF ADJUSTMENT (June 30, 2014) Staff informed the Board that the applicant submitted a letter requesting deferral of the application to the July 28, 2014 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the July 28, 2014 Agenda. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. Staff Update: The applicant submitted a revised application to staff on July 16, 2014. The revised application reduces the amount of wall signage proposed for the south fagade of the building at 1021 Jessie Road. The applicant notes that there are seven (7) tenant spaces within the overall building. The applicant is proposing a wall sign with a maximum area of 100 square feet for each tenant. The overall fagade area is 11,875 square feet. If all seven (7) signs were in place, it would represent a coverage of 5.89 percent of the fagade area. This is a decrease from the ten (10) percent coverage originally requested. Staff supports the requested sign variance to allow wall signs on the south fagade of the building. Staff feels that the reduction in sign area is reasonable. The signage on the south building fagade should aid in identifying the tenants within the building, given the fact that the property has no direct frontage on a public street. JULY 28, 2014 ITEM NO.: B (CON'T.) Revised Staff Recommendation: Staff recommends approval of the revised application, subject to the following conditions: 1. Only one (1) wall sign will be allowed per business, not to exceed seven (7) signs for the overall property. 2. Each sign shall not exceed 100 square feet in sign area. 3. The wall signs are to be non -lighted. 4. A permit must be obtained for each sign. 5. There is to be no ground -mounted sign placed on the property. BOARD OF ADJUSTMENT (July 28, 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 5 ayes, 0 nays and 0 absent. The application was approved. Casi Runnells 1 Allied Drive DIRECT +1501 372-6161 Property Manager Little Rock, AR 72202-2065 FAX +1501 372 0671 Property Management I Arkansas Casi.Runnells@Colliers.com April 29, 2014 Department of Planning and Development Attn: Mr. Monte Moore 723 West Markham Little Rock, AR 72201 Dear Mr. Moore, Attached is an application for sign zoning variance at 1021 Jessie Road. In its current status, the sole tenant signage at this property is wall signage facing an easement and private drive. There is currently no permanent signage facing public street frontage. We are requesting a variance for the building in its entirety, to encompass all tenants and their allowable signage. The current signage has been grandfathered in and is an exception to the requirements of the Zoning Ordinance due to the private street easement. The effect of this variance would allow permanent wall signage, not to exceed ten (10) percent in aggregate sign area for that occupancy's south elevation area, to be placed on the south side of the building, visible from the public street frontage of Cantrell Road. We submit that the request is justified by the small intervening strip of recreation land and request your recommendation for approval. Sincerely, Casi Runnells Attachments Colliers Arkansas, Inc., and certain of its subsidiaries, is an independently owned and operated business and a member firm of Colliers International Property Consultants, an affiliation of independent companies with over 512 offices throughout more than 61 countries worldwide. JULY 28, 2014 ITEM NO.: 1 File No.: Z -962-B Owner: Rock Capitol Group, LLC Applicant: Frank Riggins, Crafton Tull and Associates Address: 7525 Cantrell Road Description: Northeast corner of Cantrell Road and Keightly Drive Zoned: C-3 Variance Requested: A variance is requested from the buffer provisions of Section 36-522 to allow a reduced land use buffer. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Restaurant STAFF REPORT 0 191 Public Works Issues: No Comments Landscape and Buffer Comments: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (%) the full width requirement but in no case less than nine (9) feet. A minimum eleven and a half (11.5) foot wide buffer (6% of the average lot width) is required along Cantrell Road. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided within the city's landscape ordinance requirements. 3. 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. 4. Screening requirements will need to be met for the vehicular use areas adjacent to street right-of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. JULY 28, 2014 ITEM NO.: 1 (CON'T.) 5. 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. The property adjacent to the north property line, and the north portion of the property adjacent to the west property line are zoned R-5. Therefore, a minimum eleven and a half (11.5) foot wide buffer (6% of the average lot width) is required along the north property line. An eleven (11) foot buffer (6% of the average lot depth) is required on the north portion of the west property line. 6. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum of seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. 7. A landscape irrigation system shall be required for developments of one (1) acre or larger. If an automatic landscape irrigation system is not provided for developments of less than one (1) acre a water source shall be located within seventy-five (75) feet of the plants to be irrigated. 8. Dumpsters shall be screened from abutting properties and streets. The screen shall exceed the height of the dumpster or trash containment areas by at least two (2) feet not to exceed eight (8) feet total height. 9. Menu board speakers for drive-through windows shall be designed to provide for a solid wall at least six (6) feet in height and twenty (20) feet in length along the opposite lane line. This wall shall be constructed of masonry or wood with a textured finish to diminish sound deflection. 10. 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. JULY 28, 2014 ITEM NO.: 1 (CON'T.) C. Staff Analysis: The C-3 zoned property at 7525 Cantrell Road is occupied by a one-story commercial building. The property is located at the northeast corner of Cantrell Road and Keightly Drive. Paved parking is located on the north, south and west sides of the building. Access drives from Cantrell Road and Keightly Drive serve the property. There is a driveway along the east side property line which extends from the bank property immediately to the east. In the past the bank has used this drive to exit, behind the existing building to Keightly Drive. The applicant proposes to remove the existing building from the property and redevelop the site for a restaurant with drive-thru, as noted on the attached site plan. The proposed building will be located near the center of the site, with paved parking along the east, west and south sides of the building. Access drives are proposed from Cantrell Road (southeast corner of the property) and Keightly Drive (northwest corner of the property). The City's Board of Directors recently granted a spacing variance to allow the driveway from Keightly Drive. This driveway is needed to allow the continued cross -access from the bank property to the east. The applicant is requesting one (1) variance with the proposed development. Section 36-522(b)(3)a. of the City's Zoning Ordinance requires a land use buffer ranging from 11 feet to 11.5 feet along the north property line and a portion of the east property line, where adjacent to residential property. The applicant is requesting a variance to allow the buffer in this area (highlighted on attached site plan) to range from 4.75 feet to zero (0) feet, in order to compensate for the cross - access driveway from the bank property. Staff is supportive of the requested buffer variance. Staff views the request as reasonable. The reduced buffer is located within a very small area near the northeast corner of the site. This is the area where the cross -access driveway has existed for a number of years. The existing land use buffer in this area is only approximately two (2) feet wide. The applicant notes that the reduced buffer is needed to maintain the cross -access and not interfere with the restaurant's traffic operations. Staff believes that the redevelopment of this site with the reduced land use buffer at the northeast corner of the site will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested buffer variance, subject to compliance with the Landscape and Buffer comments as noted in paragraph B. of the staff report. JULY 28, 2014 ITEM NO.: 1 (CON'T.) BOARD OF ADJUSTMENT (July 28, 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 5 ayes, 0 nays and 0 absent. The application was approved. Mr. Monte Moore Department of Planning and Development 723 West Markham St. Little Rock, AR 72201 Re: Slim Chickens Zoning Buffer Variance Dear Mr. Moore, Crafton Tull engineering 1 surveying Conway Little Rock Oklahoma City Rogers Russellville Tulsa I 2 - Enclosed, Enclosed, please fins a Non -Residential Zoning Variance Request for the proposed Slim Chickens site at 7525 Cantrell Road in Little Rock to allow for an encroachment of a paved driveway into a portion of the zoning buffer on the east side of the site. The applicant requests this variance in order to accommodate Bank of the Ozarks, which abuts the property to the east. Bank of the Ozarks now accesses Keightly Drive via an existing driveway that connects the bank site and the subject property. This driveway allows traffic from the bank site to travel across the subject property in order to access the traffic signal at Cantrell and Keightly. The applicant desires to maintain this connection and means by which the bank can access Keightly by providing the driveway as shown on the plans. In order to do this and not interfere with Slim Chickens traffic operations, the applicant is proposing the driveway be placed as shown. Please contact me if you have any questions. 3/16, 1. I. 1. I I I. I I I, I, I, I I. I, I, I, I, I, I, I, I, I, I, I, I i I i I i I i I, 1.,.I ,I , ISI I, 1, 1 ,. I. ,. I. 11. JULY 28, 2014 ITEM NO.: 2 File No.: Z -4336 -NN Owner: Arkansas Children's Hospital Applicant: Kent Taylor Address: 922 Battery Street/1908 W. 10th Street Description: Northwest corner of Battery Street and W. 10th Street Zoned: O-2 Variance Requested: A variance is requested from the paving provisions of Section 36-508 to allow a temporary gravel parking area. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Building (being removed) Proposed Use of Property: Temporary Gravel Parking STAFF REPORT 0 Public Works Issues: No Comments B. Landscape and Buffer Comments: At time of development: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (%2) the full width requirement but in no case less than nine (9) feet. The property is located in the City's designated mature area. A twenty-five (25%) percent reduction of the buffer requirements is acceptable. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided within the city's landscape ordinance requirements. 3. Screening requirements will need to be met for the vehicular use areas adjacent to street right-of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. JULY 28, 2014 ITEM NO.: 2 (CON'T.) 4. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum of seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. 5. All landscape areas shall be protected as per City of Little Rock Landscape Ordinance (Sec. 15-100). Provide notes on plan specifying type and location of mulch, edging, wheel stops, and/or concrete curb and gutter. 6. An irrigation system shall be required for developments of one (1) acre or larger. For developments of less than one (1) acre a there shall be a water source within seventy-five (75) feet of the plants to be irrigated. 7. 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 0-2 zoned property at 922 Battery Street/1908 W. 10th Street is currently occupied by a two (2) building garden -style apartment complex, which is in the process of being removed from the property. The property is located at the northwest corner of Battery and W. 10th Streets. The property consists of a little less than one-quarter of the entire block bounded by Battery, Summit, Maryland and W. 10th Streets. The buildings are being removed in preparation for re- development of this entire block and the block immediately west, across Summit Street. Arkansas Children's Hospital owns both blocks. The Hospital's future plan shows an office building within the north half of the subject block, with parking in the south half. An associated parking deck is shown to occupy the block to the west. As part of the re -development plan, the Hospital proposes to utilize the area where the two (2) buildings are being removed as temporary gravel parking for the hospital. The applicant notes that the area of gravel parking will be utilized until approximately mid -year 2017. The area for the proposed gravel parking area is shown on an attached site plan. Section 36-508 of the City's Zoning Ordinance requires that all vehicular use areas be paved where subject to wheeled traffic. Therefore, the applicant is requesting a variance to allow use of the area as a temporary gravel parking lot. JULY 28, 2014 ITEM NO.: 2 (CON'T.) Staff is supportive of the variance request to allow the temporary gravel parking lot. Staff feels that this will be an appropriate temporary use until the entire block is re- developed. All of the surrounding uses are part of the Arkansas Children's Hospital campus. As noted in the applicant's letter, the area of proposed gravel parking is above the grade of the abutting streets, and will not be visible from these streets. Staff believes the proposed temporary gravel parking lot will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested variance to allow temporary gravel parking until the overall block is re -developed. BOARD OF ADJUSTMENT (July 28, 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 5 ayes, 0 nays and 0 absent. The application was approved. June 23, 2014 Mr. Dana Carney City of Little Rock Planning & Development 723 W. Markham Little Rock, AR 72201 Arkansas Children's Hospital Healing is in our nature. 1 Children's Way, Little Rock, AR 72202-3591 (501) 364-11001 archildrens.org - �4 RE: Zoning Variance Request, 922 Battery Street / 1908 W. 10th Street Dear Dana: This letter is being sent as an accompaniment to the application for a zoning variance request for a property owned by Arkansas Children's Hospital ("ACH") at 922 Battery Street / 1908 W. 10th Street. For many years, that lot has housed a two -building former garden -style apartment complex, also known as our Battery Terrace Professional Complex. The buildings have become both an eyesore and in disrepair, due to age, and are being abated at present, with demolition to occur prior to July 31, 2014. The lot is adjacent to a surface parking lot, which houses vehicles for staff and physician residents, and which takes up the rest of the block bordered by Battery, 10th, Summit, and Maryland Streets. Within the next few months, ACH plans to begin design on an office building and parking deck to be housed on the block, including the lot that is the subject of this variance request. This follows along with our Architectural Master Plan, which was filed with the City in 2011, and which is enclosed for reference with this application. Pending our Board's approval, we anticipate that the building and parking deck will begin in mid -2015 and take approximately 18-24 months to build. While our plans are in their very early stages, the projects are in the ACH budget for fiscal year 2016, which begins July 1, 2015. We kindly request a variance from the Landscape provisions of Section 15-81 and 15-85, a variance from the Pavement Requirements provision of Section 36-508, and an approval granted under the Variance provision of Section 36-515, all from the Little Rock Municipal Code. The variance request is to allow ACH to construct a Arkansas Children's Hospital is the comprehensive clinical, research and teaching affiliate of the University ofArkansas for Medical Sciences. UAMS pediatric faculty physicians and surgeons are on the staff at Arkansas Children's Hospital. gravel parking lot on the corner of the block where the apartment complex is located at present. The lot is higher than Battery Street by several feet, and the gravel surface would not be seen as easily by passing motorists traveling down Battery or 10th Streets. Preliminary concept designs for the office building and parking deck indicate that the area of the proposed gravel parking lot will have to be lowered at least six feet, as part of the overall site redevelopment. The main reasons for this variance request are as follows: (a) the need for additional parking on our campus; (b) the desire by the City and neighborhood to alleviate more on -street parking by ACH staff and others; (c) the need to cover the ground with something following the demolition of the decaying buildings; (d) the environmentally -friendly nature of gravel versus pavement, especially in a short-term parking lot; and (e) the conservation of hospital resources for a short-term parking lot, where gravel plus landscaping and irrigation requirement variances are more cost-conscious than an asphalt alternative with landscaping and irrigation. We have enclosed six copies of a recent survey of the site, 6 large copies of the survey itself, the relevant page from our 2011 Architectural Master Plan, 6 copies showing the location of the proposed gravel parking lot, our application, our fee, and an affidavit for agency. Please let us know if you have any questions, and thank you for your consideration of this request. Cordially, 6 vL Larry Beckius Vice President, Facilities Encls. JULY 28, 2014 ITEM NO.: 3 File No.: Z -8629-A Owner: Chow Time Corp. — Little Rock Applicant: Thomas R. Pownall Address: 102 S. Rodney Parham Road Description: West side of S. Rodney Parham Road, approximately 300 feet south of W. Markham Street Zoned: C-3 Variance Requested: A variance is requested from the parking provisions of Section 36-502 to allow construction of a new restaurant with reduced parking. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Restaurant STAFF REPORT 0 Public Works Issues: No Comments B. Landscape and Buffer Comments: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (%) the full width requirement but in no case less than nine (9) feet. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided within the city's landscape ordinance requirements. 3. 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. 4. Screening requirements will need to be met for the vehicular use areas adjacent to street right-of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. JULY 28, 2014 ITEM NO.: 3 (CON'T.) 5. 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. The property to the south is zoned R-2 therefore, a buffer a minimum of 6% of the average lot depth is required on the south property line. 6. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum of seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. 7. Landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building, excluding truck loading or service areas not open to public parking. These areas shall be equal to an equivalent planter strip three (3) feet wide along the vehicular use area. 8. An irrigation system shall be required for developments of one (1) acre or larger. For developments of less than one (1) acre a there shall be a water source within seventy-five (75) feet of the plants to be irrigated. 9. Dumpsters shall be screened from abutting properties and streets. The screen shall exceed the height of the dumpster or trash containment areas by at least two (2) feet not to exceed eight (8) feet total height. 10. 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 102 S. Rodney Parham Road is currently vacant. A one-story restaurant building which previously occupied the site was removed approximately two (2) years ago. Paved parking was located on the north, south and west sides of the previous building. Access drives from S. Rodney Parham Road and Sunnymeade Drive to the east serve the property. The applicant proposes to construct a new one-story restaurant building, as noted on the attached site plan. The proposed building will have a total area of 12, 416 JULY 28, 2014 ITEM NO.: 3 (CON'T.) square feet and be located within the same area of the property as the previous building. The applicant is proposing to utilize the two (2) existing access drives, and provide newly designed parking spaces on the north, south and west sides of the new building. A total of 111 parking spaces is proposed with the re- development. The new site plan will provide increased landscaped areas from the previous site plan. The applicant is requesting one (1) variance with the proposed property re- development. Section 36-502(b)(3)c. of the City's Zoning Ordinance requires a minimum of 124 paved parking spaces for the proposed restaurant building. Therefore, the applicant is requesting a variance to allow 111 parking spaces for the site. On January 31, 2011, the Board of Adjustment approved a parking variance for a restaurant (same applicant) on the site with the same proposed site design. The approval expired after two (2) years as the applicant was not ready to pursue the project. The applicant is now ready to proceed, and is asking that the variance be re -instated. Staff is supportive of the requested parking variance. Staff views the request as reasonable. The applicant is providing 90 percent of the required parking spaces which should be sufficient to serve the proposed restaurant use. As noted previously, increased landscaping is being provided with the new parking design. Without the increased landscaping, the applicant could possibly provide more parking spaces. Additionally, the site is located relatively close to the Midtown Design Overlay District (approximately one (1) mile to the east), which allows a development to have half of the parking spaces as typically required by ordinance. Staff feels that the amount of proposed parking will be sufficient to serve the new restaurant use. Staff believes the new restaurant construction will be a quality re- development of the site and have no adverse impact on the adjacent properties or general area. D. Staff Recommendation: Staff recommends approval of the requested parking variance, subject to compliance with the Landscape and Buffer requirements as noted in paragraph B. of the staff report. BOARD OF ADJUSTMENT (July 28, 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 5 ayes, 0 nays and 0 absent. The application was approved. THOMAS ENGINEERING COMPANY 3810 LOOKOUT RD NORTH LITTLE ROCK, AR 72116 (501) 753-4463 FAX (501) 753-6814 NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS July 1, 2014 Mr. Monty Moore Zoning Administrator City of Little Rock 723 West Markham Little Rock, AR 72201 RE: Chow Time Restaurant Parking Variance Request Dear Mr. Moore: Submitted herewith is an application for a non-residential zoning request for the proposed Chow Time Restaurant located at 102 South Rodney Parham Road, Little Rock, Arkansas. The proposed building will have 12,416 square feet and will require 125 parking spaces by ordinance. The owner would like to request a variance of the required 125 spaces to 111 spaces. As can be seen on the preliminary site plan, we will utilize all of the available lot area while increasing the landscape area from the previous restaurant use. This variance request was originally approved by the Board of Adjustment on January 31, 2011, application case #Z-8629. If you have any questions, please let me know. Sincerely, Thomas R. Pownall, P.E. Project Engineer TRP/ab JULY 28, 2014 ITEM NO.: 4 File No.: Z -8849-A Owner: Rodney Parham and Breckenridge, LLC Applicant: Terry Burruss Address: 10121 N. Rodney Parham Road Description: Southeast corner of N. Rodney Parham Road and Breckenridge Drive Zoned: C-3 Variance Requested: A variance is requested from the general district provisions of Section 36-298 to allow a drive-thru menu speaker without a sound buffer wall. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Mixed Commercial Proposed Use of Property: Restaurant/Office STAFF REPORT 0 Public Works Issues: No Comments B. Landscape and Buffer Comments: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. Confirm rehabilitation cost. All vehicular use areas which were in existence prior to the effective date of the Landscape Ordinance may continue as non -conforming until such time a building permit is issued to rehabilitate a structure on the property exceeding (50) percent of current replacement cost of the structure. At such time (50) percent of the existing vehicular use area shall be brought into compliance and shall continue to full compliance on a graduated scale based on the percentage of rehabilitation cost. 3. Menu board speakers for drive-through windows shall be designed to provide for a solid wall at least six (6) feet in height and twenty (20) feet in length along the opposite lane line. This wall shall be constructed of masonry or wood with a textured finish to diminish sound deflection. JULY 28, 2014 ITEM NO.: 4 (CON'T.) 4. Perimeter landscape requirements will need to be met at the south property line. Provide trees with an average linear spacing of not less than thirty (30) feet within the perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter planting strip. 5. Buffer requirements will need to be met on the east perimeter where the commercial lot abuts the adjacent residential zoned property. In addition perimeter landscape requirements will need to be met. Provide trees with an average linear spacing of not less than thirty (30) feet within the perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter planting strip. 6. Screening requirements will need to be met for the parking area adjacent to the Rodney Parham and Breckenridge right-of-ways. Provide trees with an average linear spacing of not less than thirty (30) feet within the required landscape area. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Sec 15-95. If existing trees and shrubs are to be used to satisfy landscape requirements specie, caliper / size, and location will need to be listed on the plan. For each existing tree preserved and incorporated into the landscape design, the credit shall be applied as per Sec. 15-52. 7. All landscape areas shall be protected as per City of Little Rock Landscape Ordinance (Sec. 15-100). Provide note on plan specifying type and location of mulch, edging, wheel stops, and/or concrete curb and gutter. 8. Dumpsters or trash containment areas shall be screened. The screen shall exceed the height of the dumpster or trash containment areas by at least two (2) feet not to exceed eight (8) feet total height. Verify and indicate on the plan dumpster / trash receptacle location and type of screening. 9. 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 can be given when preserving trees of six (6) inch caliper or larger. C. Staff Analysis: The C-3 zoned property at 10121 N. Rodney Parham Road is occupied by a one- story commercial building, located near the center of the property. The property is located at the southeast corner of N. Rodney Parham Road and Breckenridge Drive. Paved parking is located on all sides of the building. Access drives are located from N. Rodney Parham Road (northeast corner of property) and Breckenridge Drive (southwest corner of property). The applicant proposes to renovate the existing building and locate a restaurant type use (Dunkin' Donuts) within the west portion of the structure. The east portion of the existing building will be utilized for general commercial or office use. The JULY 28, 2014 ITEM NO.: 4 (CON'T.) renovation will include the addition of a drive-thru window on the west side of the building, with a menu order board at the northwest corner of the building. With the addition of the menu order board, the applicant is proposing not to install a sound buffer wall across from the menu speaker area. Section 36-298(1)b. of the City's Zoning Ordinance requires the following requirement for menu speaker locations: "b. Each speaker location shall be designed to provide for a solid wall at least six (6) feet in height and twenty (20) feet in length along the opposite lane line. This wall shall be constructed of masonry or wood with a textured finish to diminish sound deflection." Therefore, the applicant is requesting a variance from this ordinance requirement to not construct a buffer wall for the new menu speaker location. Staff is supportive of the requested variance. Staff views the request as reasonable, given the proposed location of the menu board speaker. The menu speaker location will be near the northwest corner of the property, near the major intersection of N. Rodney Parham Road and Breckenridge Drive. Additionally, there are other commercial uses at the other three (3) corners of this intersection. The menu speaker will not be in close proximity to residential property, or property with a less intense zoning than C-3. Staff feels that the noise generated by the menu speaker location will be mostly drowned out by the traffic noise at the intersection. Staff believes the elimination of the menu speaker buffer wall will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested menu speaker wall variance, subject to compliance with the Landscape and Buffer comments as noted in paragraph B. of the staff report. BOARD OF ADJUSTMENT (July 28, 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 5 ayes, 0 nays and 0 absent. The application was approved. 11912 KANIS ROAD, SUITE F-8 LITTLE ROCK, ARKANSAS 72211 I "� �►�_ J 501-376-3676 FAX 376-3766 / Architcct design, planning and interiors July 1, 2014 Mr. Monte Moore Zoning and Enforcement Administrator Department of Planning & Development City of Little Rock 723 W. Markham Little Rock, AR 72201 RE: Dunkin Donuts 10121 North Rodney Parham Road Little Rock, Arkansas 72227 Dear Mr. Moore: Attached please find six (6) copies of tfie Site Plan and Survey on the above referenced project. We are requesting a variance from the required Menu Board Sound Deflection Wall at the Dunkin' Donut drive-thru. As the drive-thru faces the intersection of Rodney Parham and Breckinridge Drive and the McDonald's across the street, the sound wall serves no real function. It also creates a blind spot for internal traffic. We appreciate your consideration on this request. If there are any questions or additional information is needed, please call. We can also be reached by email at tbadesignplanning@sbcglobal.net. Yours very truly, JULY 28, 2014 ITEM NO.: 5 File No.: Z-8960 Owner: CW Real Estate, LLC Applicant: Christina McGehee Address: 1920 N. Grant Street Description: Southwest corner of N. Grant Street and Kavanaugh Blvd. Zoned: C-3 Variance Requested: A variance is requested from the parking provisions of Section 36-502 to allow expansion of an existing restaurant with reduced number of parking spaces. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Deli -Market Proposed Use of Property: Restaurant/Bar STAFF REPORT V Public Works Issues: No Comments B. Landscape and Buffer Comments: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. Confirm rehabilitation cost. All vehicular use areas which were in existence prior to the effective date of the Landscape Ordinance may continue as non -conforming until such time a building permit is issued to rehabilitate a structure on the property exceeding (50) percent of current replacement cost of the structure. At such time (50) percent of the existing vehicular use area shall be brought into compliance and shall continue to full compliance on a graduated scale based on the percentage of rehabilitation cost. 3. Landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building, excluding truck loading or service areas not open to public parking. These areas shall be equal to an equivalent planter strip three (3) feet wide along the vehicular use area. 4. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half ('h) the full width requirement but in JULY 28, 2014 ITEM NO.: 5 (CON'T.) no case less than nine (9) feet. The property is located in the City's designated mature area. A twenty-five (25%) percent reduction of the buffer requirements is acceptable. A 6.75 foot buffer is required on Kavanaugh Blvd and N Grant Street. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided within the city's landscape ordinance requirements. 5. 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. 6. Screening requirements will need to be met for the vehicular use areas adjacent to street right-of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. 7. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum of seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. 8. All landscape areas shall be protected as per City of Little Rock Landscape Ordinance (Sec. 15-100). Provide notes on plan specifying type and location of mulch, edging, wheel stops, and/or concrete curb and gutter. 9. An irrigation system shall be required for developments of one (1) acre or larger. For developments of less than one (1) acre a there shall be a water source within seventy-five (75) feet of the plants to be irrigated. 10. 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 1920 N. Grant Street is occupied by a one-story commercial building located within the west half of the property. The property is located at the southwest corner of N. Grant Street and Kavanaugh Blvd. The building is comprised of approximately 5,185 square feet of gross floor area. A paved parking lot is located within the east half of the property, with parking for 21 vehicles. Access drives are located along the east property line, from N. Grant JULY 28, 2014 ITEM NO.: 5 (CON'T.) Street. A restaurant (Boulevard Bread Co.) occupies the south portion of the building, with retail use within the north portion. Boulevard Bread Company is proposing to expand, and occupy the entire commercial building. The applicant notes that the deli and coffee store portions of the restaurant will be open for the first half of the day, with the restaurant being operated primarily during the evening dinner hours. The expanded restaurant will utilize the existing paved parking lot on the east side of the building. Section 36-502(b)(3)c. of the City's Zoning Ordinance requires a total of 24 additional parking spaces for the proposed restaurant expansion (difference between full restaurant requirement and existing non -conforming status). Therefore, the applicant is requesting a variance from this ordinance requirement to allow expansion of the existing restaurant use with reduced parking. Staff is supportive of the requested parking variance. Staff views the parking variance as a minor issue. The majority of the commercial uses along both sides of Kavanaugh Blvd. have little to no off-street parking spaces. Most of these restaurant uses have been granted parking variances by the Board of Adjustment. Therefore, this site has a parking advantage over those other commercial uses, including other restaurants. Staff believes there is ample parking, including on - street parking, in this general area and that the requested variance will 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 compliance with the Landscape and Buffer requirements as noted in paragraph B. of the staff report. BOARD OF ADJUSTMENT (July 28, 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 5 ayes, 0 nays and 0 absent. The application was approved. Boulevard Bread Company 1920 N Grant Street J� LR, AR 72207 June 23, 2014 To Whom it May Concern, This application is for a non-residential zoning variance. We would like to expand our current commercial space. Boulevard restaurant, deli and coffee store has been a part of the Little Rock community for 14 years. The lease space adjacent to our existing eatery in the Heights has become available and we feel that growth at this location will be successful for us and our customers. We currently have 27 parking spaces available, including 5 on street spaces that are parallel to our parking lot. With our store across from a residential neighborhood, many of our patrons walk from their homes to purchase coffee and a loaf of bread or grab a dinner to go. A large part of our business during the lunch hour is phone orders and pick-ups, allowing our customers to get in and out of the store quickly. The need for parking spaces throughout the day will vary depending on the hours of our store. The deli and coffee store will be open for the first half of the day while the restaurant will be open primarily for dinner and special occasions in the evening. We anticipate a minimized need to satisfy our entire seating availability based on our separate use of the dining areas. Please consider this zoning variance so we can enhance our great food service to the Heights neighborhood. Sincerely, Christina B. McGehee JULY 28, 2014 ITEM NO.: 6 File No.: Z-8961 Owner/Applicant: Scott Nelson Address: 2923 N. Taylor Street Description: East side of N. Taylor Street, between Grandview Street and Ampersand Street Zoned: R-2 Variance Requested: Variances are requested from the building line provisions of Section 31-12 and the area provisions of Section 36-156 to allow a porch which extends across a platted building line and an accessory building which exceeds the maximum 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 REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 2923 N. Taylor Street is occupied by a one-story brick and frame single family residence. There is a one -car wide driveway at the northwest corner of the property. The driveway extends along the north side of the residence to a carport at the rear of the house. The lot contains a 30 foot front platted building line. The applicant proposes to remove the existing house from the property and construct a new two-story single family residence, as noted on the attached site plan. The existing driveway location will be utilized for a new drive which will extend along the north side of the new residence to a detached garage at the northeast corner of the lot. The front wall of the proposed house will be located 34 feet back from the front (west) property line. The unenclosed front porch will be located 25 feet back from the front property line, extending five (5) feet across the front platted building line. The proposed detached garage will be 560 square feet in area and occupy 32 percent of the required rear yard area (rear 25 feet of the lot). The applicant is requesting two (2) variances for the proposed lot redevelopment. Section 31-12(c ) of the City's Subdivision Ordinance requires that building line JULY 28, 2014 ITEM NO.: 6 (CON'T.) encroachments be reviewed and approved by the Board of Adjustment. As noted above, the proposed porch will extend across the 30 foot front platted building line by five (5) feet. Section 36-156(a)(2)c. of the City's Zoning Ordinance allows a maximum rear yard coverage (rear 25 feet of the lot) of 30 percent. The proposed detached garage will occupy 32 percent of the required rear yard area. Staff is supportive of the requested variances in association with the new house construction. Staff views the variances as very minimal in nature. All of the proposed building setbacks conform with typical ordinance standards. A 25 foot front setback is proposed for the new house. The very minor front platted building line encroachment will not be out of character with the area. Other residences to the south appear to be located closer than 30 feet to the front property lines. The same holds true for the proposed rear yard coverage of 32 percent. There are numerous lots within this general area with accessory buildings which cover more than 30 percent of the required rear yard area. Staff believes the proposed new house and accessory building 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 front porch. 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 building line and coverage 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 front porch must remain unenclosed on its north, south and west sides. BOARD OF ADJUSTMENT (July 28, 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 5 ayes, 0 nays and 0 absent. The application was approved. June 30, 2014 Department of Planning and Development 723 West Markham Little Rock, AR 72201 RE: Zoning Variance Application for 2923 N. Taylor St. Dear Little Rock Board of Adjustment, We are requesting a variance to the 1) front yard platted building line and 2) rear yard coverage variance to accommodate a new residence. This 130 foot deep property has a 30 foot platted building line. We'd like to construct the front porch 5 feet across/forward of that line, locating the porch at 25 feet from the front (west) property line. The main body of the house would be 34 feet from the west property line. This 70 foot wide lot has 1,750 square feet of rear year setback. We would like to occupy 560 square feet, which represents 32% coverage. Attached is a survey and design drawings with the proposed changes marked (prepared by Smith Associates Architects, PA). Thank you for your consideration in this matter. Sincerely, Scott Nelson JULY 28, 2014 ITEM NO.: 7 File No.: Z-8962 Owner/Applicant: David and Donna Jacks Address: 19 Cascades Drive Description: South side of Cascades Drive, west of Valley Club Circle 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 19 Cascades Drive is occupied by a two-story brick and frame single family residence. The property is located along the south side of Cascades Drive, with the rear (south) property line running along Hinson Road. A circular driveway from Cascades Drive serves as access to the property. The driveway extends along the west side of the residence to the rear yard area. The lot contains a 35 foot front platted building line. The applicant proposes to construct a new fence to enclose the rear yard area, as noted on the attached site plan. The proposed fence will extend from near the northeast corner of the house, along the east side, rear (south) and west side property lines to the southwest corner of the driveway. The fence will vary in height from six (6) feet at its connection to the house and driveway to eight (8) feet along the rear (south) property line and portions of the east and west side property lines. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences located between building setback lines and street rights-of-way and a maximum height of six (6) feet for fences located elsewhere on a residential lot. Therefore, the applicant is requesting a fence height variance to allow the eight (8) foot high wood fence to be located within the rear yard area and between the 25 foot rear building setback and the Hinson Road right-of-way. JULY 28, 2014 ITEM NO.: 7(CON'T.) Staff is supportive of the requested fence height variance. Staff views the request as reasonable. The property is located directly across Hinson Road from the Pulaski Academy school campus. The increased fence height should aid in reducing the amount of noise and light generated from the school property, as well as Hinson Road, which carries a considerable amount of traffic in this area. The proposed fence will not be out of character with other fences in this general area. Staff believes the proposed fence with increased 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 (July 28, 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 5 ayes, 0 nays and 0 absent. The application was approved. June 13'', 2014 4 7 Board of Adjustment Planning and Development Department 723 West Markham Street Little Rock, AR 72201 Members of the Board of Adjustment: I am writing to formally request a variance to the existing fence height zoning ordinance. My family moved into our residence, 19 Cascades Drive in Little Rock (72212), in October of 2013. We currently have a 7 -foot fence surrounding our property. The fence is deteriorating, falling down, and needs to be replaced. Our fencing contractor advised that the two options for residential replacement installation would be either 6 -foot or 8 -foot boards. New fencing is no longer available in the 7 -foot height. I was also informed of an ordinance which limits the height of new fencing to 6 feet. The replacement fence will neither change the location nor the perimeter of the existing fence. I am requesting permission to replace the existing 7 ft. fence with one that will be just 12 inches taller. My yard backs right up to Hinson Road, which is an extremely busy thoroughfare. It is directly across the street from Pulaski Academy's football field. Due to the location of my yard, I feel that having to downgrade from a 7 -foot fence to a 6 -foot fence would not be a feasible option. Having an 8 -foot fence would definitely provide more security and privacy for my family. My neighbor to the left has an existing 8 -foot fence which appears to have been installed several years ago. My neighbor to the right currently has no fence, but will be installing one in the near future. They would prefer the option of an 8 -foot fence to make all three adjacent fences uniform since all three backyards line Hinson Road. Please accept my appreciation for your consideration of my dilemma. S' c rely, onna . Jac (501)615-8124 JULY 28, 2014 ITEM NO.: 8 File No.: Z-8963 Owner/Applicant: Charles and Leigh Ann Kreps Address: 7 River Ridge Road Description: Northeast corner of River Ridge Road and River Valley Road 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 0 Public Works Issues: No Comments. B. Staff Analysis: The R-2 zoned property at 7 River Ridge Road is occupied by a one-story brick and frame single family residence. The property is located at the northeast corner of River Ridge Road and River Valley Road. There is a circular driveway on the west side of the residence. The driveway extends along the north end of the residence to a carport at the northeast corner of the structure. There is an existing brick wall along the east side property line. The lot contains a 30 foot platted building line along the River Ridge Road (west) frontage and a 25 foot platted building line along the River Valley Road (south) frontage. The applicant proposes to construct a six (6) foot high wood fence within the south, street side yard area, with a small fence section at the northeast corner of the residence, as noted on the attached site plan. The proposed fence will extend from the southwest corner of the house, set back approximately 12 feet from the south property line and tie into the existing brick wall along the east side property line. A smaller section of six (6) foot high wood fence will extend from the northeast corner of the house to the existing brick wall. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences located between building setback lines and street rights-of-way and a maximum height of six (6) feet for fences located elsewhere on a residential lot. Therefore, the applicant is requesting a fence height variance to JULY 28, 2014 ITEM NO.: 8 (CON'T.) allow the portion of the six (6) foot high wood fence to be located between the 25 foot platted building line and the south, street side property line. Staff is supportive of the requested fence height variance. Staff views the request as reasonable. The proposed six (6) foot high wood fence will not be out of character with other fences within this neighborhood. Six (6) foot fence height is the typical fence height for the enclosure of rear and side yard areas in single family residential zoning. The proposed fence will be set in approximately 12 feet from the south property line, and will be located over 80 feet back from the southwest (intersection) corner of the lot. Therefore, the proposed fence should create no sight -distance issues. Staff believes the proposed fence 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 (July 28, 2014) Staff informed the Board that the application needed to be deferred to the August 25, 2014 agenda, based on the fact that the applicant failed to notify all property owners within 200 feet of the site as required. The item was placed on the Consent Agenda for deferral to the August 25, 2014 Agenda. The vote was 5 ayes, 0 nays and 0 absent. The application was deferred. To whom it may concern: — v � b 3 3 P --e s I would like to start by apologizing for not being there in person to be present for the hearing regarding this matter and I appreciate the consideration that is given regarding this situation. I have had a previous commitment out of town that has been scheduled for several months. I have requested that my contractor, Mike Barnett, be there to represent my interest in the hearing. I am writing regarding my primary residence located at 7 River Ridge Road, Little Rock, Arkansas 72227. The primary reason I am requesting a variance is for the safety of my family and property. As a current law enforcement officer I routinely have interactions with a variety of convicted felons that are known to be involved in narcotics trafficking and various other individuals of ill repute. On multiple occasions I have had offenders mention my residence, my family, and other threats made towards me and my family. The reality for me is in this day and age I recognize that if any of these individuals wanted to find me or my family, that that information is only a mouse click away. My home is also located on a corner lot near the entrance to River Ridge. It would be very easy for people to park on the adjacent side street and gain access to the side and rear of my residence (Photo 1). There have been multiple occasions that I have seen maintenance vehicles and other workers parked on the side street only a few steps from the backyard and basement access (Photo 3). The current layout offers unobstructed access and view to the back of my house and to the garage area (Photo 4). It would be very easy for someone to gain entry to a variety of access points on the back and side of my residence. Another concern I have is that the front of my house is such a busy street. The only area for children to play and run is in the side yard, since the backyard is narrow and has limited space. As my family grows the front yard will be very much a safety issue for children and I believe they need a safe area for them to play. The side street of River Valley is also a blind curve for west bound traffic (Photo 2). People routinely speed around this curve which could easily be a safety issue for children and pets. Another reason I am requesting the variance is for the safety of my pets. I leave my pets out during the days and do not want them to have a view of the street as it may cause them to bark and become excitable. In closing I believe that building a privacy fence will help address several of my concerns. I greatly appreciate your time and hope that this information will help in the decision making process. Thanks for your time, PJ/) W Ut-�qzrz- Charlie and Leigh Anne Kreps �§Z �Xi?' b ...'�i x� a' . .rw vivSc"2 �i.,, t^a.nL F. JULY 28, 2014 ITEM NO.: 9 File No.: Z-8965 Owner/Applicant: Kristopher and Lindsey Magnuson Address: 20 Bella Rosa Court Description: East side of Bella Rosa Court, west of Bella Rosa Drive 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 20 Bella Rosa Court is occupied by a two-story single family residence. Bella Rosa Court is located along the north and west property lines. A driveway from the north property line serves a garage on the north end of the residence. The lot contains a 25 foot platted building line along each street property line. An eight (8) foot high fence, constructed by the next door neighbor, is located along a portion of the east side property line. The applicant proposes to enclose the rear/side yard area with an eight (8) foot high wood fence, as noted on the attached site plan. The proposed fence will extend from the northeast corner of the residence and tie into the existing wood fence along the east side property line. The fence is also proposed to extend from the southwest corner of the residence, to the rear (south) property line, and along the south property line to the existing fence along the east side property line. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences located between building setback lines and street rights-of-way and a maximum height of six (6) feet for fences located elsewhere on a residential lot. Therefore, the applicant is requesting a fence height variance to allow the eight (8) foot high wood fence to enclose a portion of the rear/side yard area. JULY 28, 2014 ITEM NO.: 9 (CON'T.) Staff is supportive of the requested fence height variance. Staff views the request as reasonable. The fence will be located on a rather large (30,000 square feet) single family lot, in an area where an eight (8) foot fence height will not be out of character with other fences. As noted above, there is an existing eight (8) foot high fence located along the property's east side property line. A fence height variance was recently granted to the residential lot immediately southeast of the subject property. Staff believes the proposed fence with increased 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 (July 28, 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 5 ayes, 0 nays and 0 absent. The application was approved. Kris & Lindsey Magnuson 20 Bella Rosa Ct. Little Rock, AR 72211 City of little Rock Building Department To Whom It May Concern: July 1, 2014 Q -2 — Sl - We are requesting a variance to our fence height in Bella Rosa Estates located in West Little Rock. It is a gated neighborhood and currently all of the surrounding fences that are adjacent to our property are constructed with 8ft. wooden privacy fences (some also include iron). We would like to also adjoin our wooden fence to those already in place and to have it also be built at the requested height of 8 feet. We are ready to begin construction of the fence at this point and would appreciate your approval of this variance. Thank you for your time and consideration. Sincerely, Kris and Lindsey Magnuson Q W W 0 W a LL 0 0 m IN O Oil FA - a co 4 W Q Z nnwiwii �INAI 11... �v IN O Oil FA - a co 4 W Q Z �INAI 11... �v O Oil FA - a co 4 W Q Z JULY 28, 2014 There being no further business before the Board, the meeting was adjourned at 2:11 p.m. Date: &14 J51 tCD 1 hol--)z Chairnl� � U J 41� Secre