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:
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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/)
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Charlie and Leigh Anne Kreps
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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
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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
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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
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