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boa_10 27 2014LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES OCTOBER 27, 2014 2:00 P.M. Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. Approval of the Minutes of the Previous Meetings The Minutes of the September 29, 2014 meeting were approved. III. Members Present Members Absent: Brad Wingfield, Vice Chairman Rajesh Mehta Carolyn Lindsey Polk Robert Winchester Jeff Yates, Chairman City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA OCTOBER 27, 2014 milli aky,l I. OLD BUSINESS: A. Z -5079-D 3407 John Barrow Road B. Z-8972 5701 Hopson Drive II. NEW BUSINESS: 1. Z-8979 #1 Oxford Run Court 2. Z-8980 #2 Oxford Run Court 3. Z -3523-B 7310 Cantrell Road 4. Z-8981 10123 Prospect Loop 5. Z-8982 1201 Main Street 6. Z-8983 4916 Hawthorne Road 7. Z-8984 322 Main Street 8. Z-8985 4605 Crestwood Drive 9. 2015 Board of Adjustment Calendar OCTOBER 27, 2014 ITEM NO.: A File No.: Z -5079-D Owner: Team Development, LLC Applicant: Floyd Waltman, Machado Patano Address: 3407 John Barrow Road Description: East side of John Barrow Road between W. 34th and W. 35th Streets Zoned: C-4 Variance Requested: A variance is requested from the area provisions of Section 36-301 to allow a new commercial development with reduced front building setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Small commercial building and parking Proposed Use of Property: Commercial STAFF REPORT A. Public Works Issues: 1. At the time of building permit, boundary street improvements will be required. 34th and 35th Streets will be required to construct half street improvements 15.5 feet from centerline of road to the new back of curb with sidewalks to the property line. 2. At time of building permit, right-of-way dedication to the City 30 feet from centerline of both 34th and 35th Street will be required. 3. At time of building permit, right-of-way dedication to the City 45 feet from centerline of John Barrow Road will be required. 4. The maximum allowable radius on the driveway aprons is 15 feet. The minimum allowable driveway apron radius is 10 feet. The driveway radii shall not extend past the property line. 5. John Barrow Road has a preliminary conceptual design for streetscapes at this location. Full access may not be allowed to the driveway off of John Barrow. There is a planned multi use trail located 21 feet off of the back of curb on the east side John Barrow Road. The building shows to be approximately 31 feet off of the back of curb. OCTOBER 27, 2014 ITEM NO.: A (CON'T.) B. Landscape and Buffer Issues: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements and the John Barrow Road Overlay District. 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. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet. 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. 4. 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. 5. 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. 6. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. 7. 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. 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. 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. OCTOBER 27, 2014 ITEM NO.: A (CON'T.) Staff Update: Staff has conducted a preliminary review of the applicant's site plan. The applicant has only requested a front setback variance for the proposed building. Staff informed the applicant that a variance was needed for the proposed dumpster location. When the required right-of-way dedication for John Barrow Road, W. 34th Street and W. 35th Street is applied to the site plan, the new right-of-way line bisects the dumpster location and creates buffer variances along the south and west sides of the proposed parking area. It also greatly intensifies the requested front setback variance. Given this current status, staff believes the application needs to be deferred to allow the applicant time to address the above referenced issues and revise the proposed site plan. At this time staff does not feel that the site plan is ready to proceed for review by the Board of Adjustment. Staff recommends that this application be deferred to the October 27, 2014 agenda. BOARD OF ADJUSTMENT: (September 29, 2014) Staff informed the Board that the application needed to be deferred to the October 27, 2014 agenda, based on the fact that a revised site plan and possible additional variances would be needed for the proposed project. The item was placed on the Consent Agenda for deferral to the October 27, 2014 Agenda. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. Staff Update: The applicant submitted a letter to staff on October 13, 2014 requesting this application be withdrawn. Staff supports withdrawal request. BOARD OF ADJUSTMENT: (October 27, 2014) Staff informed the Board that the applicant submitted a letter on October 13, 2014 requesting that the application be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda for withdrawal. The vote was 4 ayes, 0 nays and 1 absent. The application was withdrawn. NACNAOOIPIIANO 1641 Popps Ferry Rd., Suite A•4 • Biloxi, MS 39532 Office 228.388.1950 - Fax 228.388.1971 www.mpeng.us August 14, 2014 Little Rock Board of Adjustment 723 West Markham G Little Rock, AR 72201 Re: Cover Letter to Application for a Non -Residential Zoning Variance Lots 7 —12 3407 John Barrow Rd, Little Rock, Arkansas 72204 To Whom It May Concern: Attached please find the completed Application for a Non Residential Zoning Variance for Lots 7 -12 3407 John Barrow Rd, Little Rock, Arkansas, requesting the Board of Adjustment grant a variance to the front yard setback provisions of Section 36-299 of the Little Rock Code of Ordinances to permit a front yard setback of 7.48 feet on the south corner of the building and 12.47 feet on the north corner of the building. The need for this variance is brought about by an unusual lot configuration due to right of way acquisition by the State of Arkansas Department of Transportation. The building cannot be moved west to accommodate the front yard setback due to a driveway along the west side of the building to allow access for delivery and garbage trucks. We ask that the Board grant the requested variance to provide for the construction of a Family Dollar retail store. The proposed setback variance will not have any adverse impact on adjacent properties or the general area, visually or otherwise. If you have any questions or need any additional information, please let us know. Sincerely, M` Floyd Waltman Lead Design Engineer Machado I Patano, PLLC OCTOBER 27, 2014 ITEM NO.: B File No.: Z-8972 Owner/Applicant: Vivian Haywood Address: 5701 Hopson Drive Description: Southeast corner of Hopson Drive and W. 57th Street 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 5701 Hopson Drive is occupied by a one-story brick and frame single family residence. The property is located at the southeast corner of Hopson Drive and W. 57th Street. A driveway from Hopson Drive is located at the southwest corner of the property. A small storage building and carport are located in the rear yard area near the southeast corner of the lot. A new six (6) foot high fence was recently constructed along the rear (east) property line. The fence runs to near the northeast corner of the lot. An existing four (4) foot high chain-link fence runs along the north property line and ties into the northwest corner of the house. The lot contains a 25 foot platted building line along the north (W. 57th Street) and west (Hopson Drive) property lines. The applicant recently received a permit to construct a six (6) foot high wood fence along the east (rear) property line and eight (8) feet in from the north side property line, tying into the front corner of the house. The applicant constructed the portion of the fence along the east (rear) property line, to near the northeast corner of the lot. Staff obtained a copy of the original plat of this subdivision, based on a complaint received on a neighbor's fence. The plat revealed the 25 foot platted building lines along both street frontages. The permit was issued without the requirement of a survey/plat. OCTOBER 27, 2014 ITEM NO.: B (CON'T.) Section 36-516(e) (1)a. of the City's Zoning Ordinance allows a maximum height of four (4) feet for residential fences constructed between building setback lines and street rights-of-way. Six (6) foot high fences are allowed elsewhere on residential lots. Therefore, the applicant is requesting a variance from this ordinance standard to allow the six (6) foot high wood fence between the 25 foot platted building line and the north (W. 57th Street) side property line, and running along the north property line. Staff does not support the requested fence height variance. Staff's objection is based primarily on the orientation of the single family lot immediately to the east along W. 57th Street. The lot immediately to the east is an interior lot, with the front yard along W. 57th Street. The proposed fence is located extending into the front yard area of this neighboring lot. It essentially "boxes in" the adjacent lot's front yard area, blocking the home's visibility from the roadway and surrounding properties. For this reason, staff believes the proposed fence will have an adverse impact on the adjacent property to the east. C. Staff Recommendation: Staff recommends denial of the requested fence height variance. BOARD OF ADJUSTMENT: (September 29, 2014) Vivian Haywood was present, representing the application. There were no objectors present. Rajesh Mehta asked that the application be deferred, so that additional information could be provided by staff on the variance request. The applicant indicated no objection to the deferral. There was a motion to defer the application to the October 27, 2014 Agenda. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was deferred. Staff Update: Staff has conducted additional review and site visit regarding this fence height variance. Staff continues to not support the fence height variance as requested. Staff believes that it is reasonable to support a fence height variance, with the fence located at least eight (8) feet back from the north (street side) property line, 'as approved by staff on the existing fence permit. No fencing with a height exceeding four (4) feet may be located within eight (8) feet of the north property line. Staff feels that this will allow ample sight - distance space for the resident immediately to the east to utilize their existing driveway. Additionally, it will allow this applicant more area to fence, with six (6) foot high fencing, for a side/rear yard area. If the applicant were willing to amend the application accordingly, staff will recommend approval. OCTOBER 27, 2014 ITEM NO.: B (CON'T.) BOARD OF ADJUSTMENT: (October 27, 2014) Vivian Haywood was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial, as requested. Staff noted that the application could be supported if the fence were located eight (8) feet back from the north property line. Vivian Haywood addressed the Board in support of the application. She noted that the next door neighbor to the east supported the application. She explained that this neighbor had adequate space to back out of her driveway with the proposed fence location. Vice -Chairman Wingfield noted that he could support the application if the fence were located eight (8) feet back from the north property line. Ms. Haywood noted that there would be an existing tree in the way if the fence were located eight (8) feet back from the north property line. She asked if moving the fence back six (6) feet from the north property line would be acceptable. Staff indicated support if the application were revised. The issue was discussed further. Ms. Haywood officially amended the application to have the fence located six (6) feet back from the north property line. Staff supported the amended application, subject to City Staff verifying the six (6) foot setback line prior to any fence construction. There was a motion to approve the amended application as recommended by staff. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The amended application was approved. 104 70- #-w Yom, ✓s�/la�f �'Alm -4- F2 0-9/977, OCTOBER 27, 2014 ITEM NO.: 1 File No.: Z-8979 Owner/Applicant: Flometta Berthia Address: #1 Oxford Run Court Description: Southeast Corner of Oxford Run Court and W. 57th Street 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 c Public Works Issues: No Comments Staff Analysis: The R-2 zoned property at #1 Oxford Run Court is occupied by a one-story brick and frame single family residence. The property is located at the southeast corner of Oxford Run Court and W. 57th Street. A two -car wide driveway from Oxford Run Court serves as access to the lot. The lot contains a 25 foot front platted building line along the Oxford Run Court frontage and a 25 foot street side platted building line along the W. 57th Street frontage. When the current owner purchased the property in 2009, it contained a six (6) foot high wood fence enclosing the rear yard area. The existing fence extends from the northeast corner of the house approximately 20 feet and runs along the W. 57th Street frontage, approximately five (5) feet inside the sidewalk. The fence runs along the rear (east) property line and south side property line, tying into the southeast corner of the house. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum height of four (4) feet for residential fences constructed between building setback lines and street rights-of-way. Six (6) foot high fences are allowed elsewhere on residential lots. Therefore, the applicant is requesting a variance from this ordinance standard OCTOBER 27, 2014 ITEM NO.: 1 (CON'T.) to allow the six (6) foot high wood fence between the 25 foot platted building line and the north (W. 57th Street) side property line. Staff is supportive of the requested fence height variance. Staff views the request as reasonable. Staff's support is based primarily on the fact that this property has a rear yard relationship with the property immediately to the east. The proposed fence does not extend out into the "front yard" area of an adjacent property. The fence as proposed is typical of what is found on corner lots in single family subdivisions. Staff believes the 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: (October 27, 2014) Flometta Berthia was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of approval. Flometta Berthia addressed the Board in support of the application. She noted that the existing fence had no adverse impact on the area. She explained that the fence existed when she purchased the property. There was a motion to approve the requested fence height variance. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was approved. September 28, 2014 To whom it may concern: I Flometta Berthia was given a courtesy notice from the Department of Planning and Development round and about July 2014. The notice was in reference to a 6' private fence I have on my property at 1 Oxford Run Court and W. 57th Street. I brought the property in February 2009 in which the fence was put up by a contractor the day I closed on the house. I had no knowledge that what the contractor was doing was not in the guidelines of the city. The fence is 5 feet away from the sidewalk starting at the back north side of the house facing W. 57th street. The fence does not obstruct driver's view of oncoming traffic on W. 57th street at the stop sign on Oxford Run Court. I have a large breed dog, English Mastiff that is kept in the back yard. A 4 foot fence would not be tall enough to prevent my dog from getting out. I don't feel it right to have a dog changed up and only have a small area to move around, especially a dog as large as mine. I take good care of my lawn including the area on the other side of the sidewalk closet to W. 57th Street. Within the past year the gas company has replace gas lines in our area which required them to dig next to my fence and they had no issues or complaints. I have no problem allowing any of the utility companies that serves my area on my property to do any necessary work. I would like to keep my fence at 6 feet so that I can continue to privately utilize as much of my property as possible and to allow my dog to have more space and know that she's secure within the fence from those that wall down the sidewalk and street. Respectfully, Ms. Flometta Berthia OCTOBER 27, 2014 ITEM NO.: 2 File No.: Z-8980 Owner/Applicant: Sylvester Lang Address: #2 Oxford Run Court Description: Southwest Corner of Oxford Run Court and W. 57th Street 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 191 Public Works Issues: No Comments Staff Analysis: The R-2 zoned property at #2 Oxford Run Court is occupied by a one-story brick and frame single family residence. The property is located at the southwest corner of Oxford Run Court and W. 57th Street. A two -car wide driveway from Oxford Run Court serves as access to the lot. The lot contains a 25 foot front platted building line along the Oxford Run Court frontage and a 25 foot street side platted building line along the W. 57th Street frontage. The applicant recently received a permit (issued by staff in error) to construct a six (6) foot high wood fence along the west (rear) property line and eight (8) feet in from the north (street side) property line, tying into the rear (northwest) corner of the house. The applicant constructed the fence along the rear (west) property line, running to the northwest corner of the lot. The fence then runs along the north (street side) property line approximately 55 feet, turns and ties into the northwest corner of the house. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum height of four (4) feet for residential fences constructed between building setback lines and street rights-of-way. Six (6) foot high fences are allowed elsewhere on residential lots. Therefore, the applicant is requesting a variance from this ordinance standard OCTOBER 27, 2014 ITEM NO.: 2 (CON'T.) to allow the six (6) foot high wood fence between the 25 foot platted building line and the north (W. 57th Street) side property line, running along the north property line. Staff does not support the requested fence height variance. Staffs objection is based primarily on the orientation of the single family lot immediately to the west along W. 57th Street. The proposed fence is located extending into the front yard area of this neighboring lot. It essentially "boxes in" the adjacent lot's front yard area, blocking the home's visibility from the roadway and surrounding properties. Staff believes that it would be appropriate to support a fence height variance, with the fence located at least eight (8) feet back from the north (street side) property line, as approved by staff on the existing fence permit. No fencing with a height exceeding four (4) feet may be located within eight (8) feet of the north property line. Staff feels that this will allow ample sight -distance space for the resident immediately to the west to utilize their existing driveway. Additionally, it will allow this applicant more area to fence, with six (6) foot high fencing, for a side/rear yard area. If the applicant were willing to amend the application accordingly, staff will recommend approval. C. Staff Recommendation: Staff recommends denial of the requested fence height variance. BOARD OF ADJUSTMENT: (October 27, 2014) Sylvester Lang was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial, as requested. Staff noted the application could be supported if the fence were located six (6) feet back from the north property line. Sylvester Lang addressed the Board in support of the application. He presented a letter in support from the next door neighbor at 5801 W. 57th Street. He noted that the existing fence had no negative impact on the next door neighbor. He noted that the fence, as constructed, was for privacy and safety issues. He stated that it was his intent to fence his entire property (rear yard area). The existing fence location was discussed. The Board indicated support for the fence to be located six (6) feet back from the north property line, if Mr. Lang were willing to amend his application accordingly. Mr. Lang indicated that he did not wish to amend the application. Staff explained the appeal process to Mr. Lang, if the application were not approved. At this point, Mr. Lang exited the Board room. There was a motion to approve the application. The motion failed by a vote of 1 aye, 3 nays and 1 absent. The application was denied. September 24, 2014 To whom it may concern: I Sylvester Lang applied for a permit and was approved on June 21, 2014 to install a six feet privacy fence alone the rear and down 57th street at the back of my property. I did not apply to install a four feet fence as stated in your Courtesy Notice. You stated I can install a four feet privacy fence the complete length of my property line on 57th street and I do not understand why you have stated that I can't install a six feet fence on the rear of my property and I have been approved to install the six feet fence. The 25 feet property line that the gentleman is referring to on the courtesy notice is for an addition to your house and not a privacy fence. I strongly feel I have the right to utilize all the property I pay taxes on. There is only a vacant parking lot on the other side of 57th street. Please see the attach copies of my zone clearance and my construction permit. Sincerely, 14,,,6:;7 A,,,, Mr. Sylvester Lang OCTOBER 27, 2014 ITEM NO.: 3 File No.: Z -3523-B Owner: Cynthia Keaton Trust Applicant: Joe White, White-Daters & Associates Address: 7310 Cantrell Road Description: North side of Cantrell Road, east of Kingsrow Drive Zoned: C-4 Variance Requested: A variance is requested from the building line provisions of Section 31-12 to allow construction of a new building which encroaches across a front platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Firestone Tire Center Proposed Use of Property: Medical Clinic STAFF REPORT 1.9 C Public Works Issues: The Public Works issues were addressed through the Conditional Use Permit/site plan review. No additional comments regarding the building line variance. Landscape and Buffer Issues: The landscape and buffer issues were addressed through the conditional use permit/site plan review. No additional comments regarding the building line variance. Staff Analysis: A Firestone Auto Service business currently occupies this C-4 zoned lot. A conditional use permit has recently been approved to allow Firestone to relocate to 7426 Cantrell Road. This applicant is requesting approval of a conditional use permit to allow an urgent care medical clinic on this lot. The conditional use permit application (including overall site plan approval) is on the Planning Commission's October 16, 2014 agenda. The existing building is to be removed and the site redeveloped with a new building, parking lot and landscaping. The applicant proposes to construct a one-story, 4,585 square foot; brick and stone building. A new parking lot containing 21 spaces is proposed on the east MARCH 31, 2014 ITEM NO.: 3 (CON'T.) side of the building. The urgent care clinic will be staffed by no more than three doctors/healthcare providers at a time. Additional support staff, as is typical for a medical clinic, will also be on the site. Days and hours of operation are proposed as Monday through Friday, 8:00 a.m. to 8:00 p.m. and Saturday and Sunday, 10:00 a.m. to 6:00 p.m. The dumpster and screening are indicated on the plan. Dumpster service hours are restricted to daylight hours. Site lighting will be low- level, directed downward and into the site. Signage will comply with that allowed in commercial zones. The existing one-way drive across the rear of the lot will be placed in an access easement. The property has a 40 foot platted front building line. That line is now at 27 feet due to the loss of the front of the lot for the Cantrell Road widening project. The applicant is proposing a front setback of 20 feet which will pretty well line up with the adjacent building. The Code of Ordinances Chapter 31, Section 31-12(b) limits the authority to approve building line variances to the Board of Adjustment. If the Planning Commission approves the conditional use permit, the Board of Adjustment must review and approve the building line variance. Therefore, the applicant is requesting a variance to allow the proposed new building to encroach across the front platted building line. Staff is supportive of the requested building line variance. Staff views the request as reasonable. The front setback as proposed will be similar to other structures along Cantrell Road in this general area. The front yard area has been reduced by a recent right-of-way acquisition by the Highway Department. Staff believes the proposed building line encroachment will have no adverse impact on the adjacent properties or the general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the new building. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. D. Staff Recommendation: Staff recommends approval of the requested building line variance, subject to the completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. BOARD OF ADJUSTMENT (October 27, 2014) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda for approval as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was approved. © WHITE - DATERS & ASSOCIATES, INC. 24 Rahling Circle Q Little Rock, Arkansas 72223 0 Phone: 501-821-1667 www.whitedaters.com September 30, 2014 Mr. Monte Moore, Zoning Administrator City of Little Rock Neighborhoods and Planning 723 W. Markham St. Little Rock, AR 72201 RE: 7310 Cantrell Road Mr. Moore, Please find attached six copies of the survey and site plan for the above referenced property. Dr. Nay has this property under contract with plans to raze the existing Firestone store and redevelop the property with an Urgent Care clinic. There is a conditional use permit pending that would allow development of this medical clinic in the C-4 zone. The original plat for this property indicates a 40 ft. front building setback. With this redevelop, Dr. Nay wishes to reduce the front setback to 30 ft. After the Highway Department taking for the improvements to Cantrell Road, the front setback will be 20 ft. Currently, the adjacent buildings match the proposed setback. We have added the adjacent building locations for comparison to Dr. Nay's site plan. We believe the reduction of the front setback will allow Dr. Nay to redevelop the site and fit well within the surrounding area. Please place this item on the next available Board of Adjustment agenda. Do not hesitate to call should you have any questions or require additional information. Your help in this matter is greatly appreciated. submitted, oe D. White, CIVIL ENGINEERING - LAND PLANNING & DEVELOPMENT - SURVEYING - LANDSCAPE ARCHITECTURE OCTOBER 27, 2014 ITEM NO.: 4 File No.: Owner/Applicant: Address: Description: Zoned: Angelia Clark 10123 Prospect Loop Lot 93, Winter Wood Addition R-2 Variance Requested: A variance is requested from the easement provisions of Section 36-11 to allow construction of a storage building which encroaches into an easement. 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 n. Public Works Issues: No Comments Utility Comments: Little Rock Wastewater — No objection to easement encroachment. Central Arkansas Water — No objection to easement encroachment. Centerpoint Energy — No objection to easement encroachment. Entergy — No objection to easement encroachment. AT&T — No objection to easement encroachment. Staff Analysis: The R-2 zoned property at 10123 prospect Loop is occupied by a one-story brick and frame single family residence. The property is located on the south side of Prospect Loop at Forester Cove. A two -car wide driveway from Prospect Loop serves as access to the property. The lot contains a 25 foot front platted building line. Utility easements are located along the east, west and south property lines. The applicant proposes to construct a one-story accessory structure (storage building) at the southwest corner of the lot, as noted on the attached site plan. The proposed structure will be 12 feet by 24 feet in size. The structure will be located three (3) feet back from the rear (south) and west side property lines, and over 60 feet back from the front (north) property line. It will be separated from the house by OCTOBER 27, 2014 ITEM NO.: 4 (CON'T.) approximately 12 feet. The proposed structure will encroach into the utility easement along the rear (south) and west side property lines. Section 36-11(f) of the City's Zoning Ordinance requires that the Board of Adjustment review and approve easement encroachment variances. Therefore, the applicant is requesting a variance to allow the proposed accessory building to encroach into the existing utility easement along the rear (south) and west side property lines. Staff is supportive of the requested easement variance. Staff views the request as reasonable. As noted in paragraph B. of the staff report, none of the utility companies object to the easement encroachment. The Public Works Department has no comments on the proposal. The proposed accessory structure will comply with all setback, separation and coverage requirements. Staff believes the proposed accessory structure with easement encroachment will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested easement encroachment variance, as filed. BOARD OF ADJUSTMENT (October 27, 2014) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda for approval as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was approved. September 15, 2014 Angelia Clark 10123 Prospect Loop Little Rock, AR 72209 501-773-6381 To whom it may concern, I Angelia Clark am in the process of building a 12 x 24 shed in my backyard that will be within an easement on my property. I have contacted all utilities division. They have agreed to allow us to use the easement at 10123 Prospect Loop. Thank You. Cly oz�—x OCTOBER 27, 2014 ITEM NO.: 5 File No.: Z-8982 Owner: GSJ Properties, LLC Applicant: Robert Bluejacket Address: 1201 Main Street Description: Southeast corner of Main Street and E. 12th Street (1-630 frontage road) Zoned: UU Variance Requested: Variances are requested from the sign provisions of Section 36-342.1 and 36-553 to allow two (2) ground -mounted signs on the property, with reduced setbacks from property lines. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Printing and Mailing Facility Proposed Use of Property: Printing and Mailing Facility STAFF REPORT Q Public Works Issues: Move the sign located on the corner of 13th and Main Street to the northeast 4 feet to allow adequate intersection site distance. Staff Analysis: The UU zoned property at 1201 Main Street is occupied by a one-story commercial building within the west half of the block. The property is located on the east side of Main Street, with E. 12th Street along the north property boundary and E. 13th Street along the south property line. The northwest and southwest portions of the property are fenced parking/vehicular use areas. The areas are fenced with four (4) foot high metal fencing. Access drives from E. 12th Street and Main Street serve these areas. The applicant proposes to install two (2) ground -mounted signs on the property, one (1) sign at the northwest corner of the property and one (1) sign at the southwest corner of the property, as noted on the attached site plan. The signs will be incorporated into the existing metal fence. The side edges (ends) of each sign will be located on the property lines, attached to the existing metal fence. Each sign will be four (4) feet in height, with approximately 15.4 square feet of sign area. New landscaping will be installed at the base of each sign. OCTOBER 27, 2014 ITEM NO.: 5 (CON'T.) Section 36-342.1(c)(11) of the City's Zoning Ordinance notes that ground -mounted signs are discouraged in the UU zoning district and may only be permitted as a variance by the Board of Adjustment. Section 36-553(b) requires that ground - mounted signs have a minimum setback of five (5) feet from property lines. Therefore, the applicant is requesting variances to allow the two (2) ground - mounted signs in the UU zoning district, with decreased setbacks from property lines. Staff is supportive of the requested variance to allow two (2) ground -mounted signs on the UU zoned property at 1201 Main Street, subject to the sign at the southwest corner of the property being moved back four (4) feet as required by Public Works. Staff views the request as reasonable. The proposed signs will not be out of character with other ground -mounted signs in the UU zoning district. The property is on the outer edge of the UU zoning district. The commercial properties to the south along Main Street are in the Capitol Zoning District, with many of these properties containing ground -mounted signage. Staff believes the proposed ground -mounted signs will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested sign variance, subject to compliance with the Public Works requirements, as noted in paragraph A. of the staff report. BOARD OF ADJUSTMENT (October 27, 2014) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda for approval as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was approved. USA j &;eL �3MAGES September 25, 2014 City of Little Rock Department of Planning and Development 723 West Markham Little Rock, AR 72201 Re: Signage at 1201 Main Street, Little Rock, AR We are currently working to improve the outside appearance of our building which sits on the block of Main Street between 12a' and 13th Streets. We have had a new roof installed, the cracks in the stucco repaired, the exterior of the building repainted, the awning over the door replaced and added a sculpture of three eagles and a nest placed in the tree in our front parking lot. In the near future we will be painting the fence and re -sealing both parking lots. We are also allowing SOMA to paint a mural on the Main Street side of the building. In the process of these improvements the signs that were attached to the building were removed and disposed of as they were faded, illegible and were becoming an eyesore. New signs are needed to identify our company to delivery personnel, vendors, new job applicants, service technicians, and visitors from Arkansas and out of state. These visitors include auditors, government contracting officers, and potential clients. Because the beautification projects in the SOMA area include trees along the roads, landscaping on the corners and the mural that is going to be painted, it is difficult for us to put signs on the building that are visible from the street to identify us. We propose to have signs incorporated into our fences at the corner of Main and 12a' Street and Main and 13`' Street. In addition we propose to have our name stenciled across the top of our building on the side facing Main Street. Thank you for y consideration. '_9 Glenn Petkovsek, Owner 1201 Main Street • Little Rock, Arkansas 72202-5031 (501) 374-0812 • FAX (501) 374-0816 • http://USAImages.Net OCTOBER 27, 2014 ITEM NO.: 6 File No.: Z-8983 Owner: Curtis and Jackye Finch Applicant: Carolyn Lindsey Address: 4916 Hawthorne Road Description: North side of Hawthorne Road, between N. Jackson and N. Spruce Streets Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36- 254 to allow construction of a new residence with reduced front and rear setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Lot Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: Obtain a franchise agreement from Public Works, Civil Engineering, Bennie Nicolo (501-371-4818) for the private improvements located in the public right- of-way. This applies if the right-of-way is not abandoned. The application fee is $75.00. A franchise agreement application can be found at www.Iittlerock.org/citydepartments/pubIicworks/aspx. B. Staff Analysis: The R-2 zoned property at 4916 Hawthorne Road is currently undeveloped. A house which previously existed on the site has been removed. The property slopes upward from front to back (south to north). Some site work has been done in preparation for new home construction. The applicant proposes to construct a new two-story single family residence on the property, as noted on the attached site plan. The proposed house will be located 15 feet back from the front (south) property line, 10 feet from the rear (north) property line, eight (8) to nine (9) feet from the west side property line and 24.5 feet from the east side property line. A driveway will be located at the southeast corner of the lot and extend along the east side of the proposed house to a garage at the home's northeast corner. A parking pad will be located within the front yard area at the southeast corner of the residence. OCTOBER 27, 2014 ITEM NO.: 6 (CON'T.) Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 36-254(d)(3) requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances from these ordinance requirements to allow the new residence with reduced front and rear setbacks. The applicant has filed an application with the Planning Commission and City Board to abandon the north 15 feet of excess Hawthorne Road right-of-way adjacent to this property. The application will be heard by the Planning Commission on October 16, 2014 and the City Board in December. Staff is supportive of the requested setback variances. Staff views the request as reasonable. The proposed reduced front and rear setbacks will not be out of character with other single family structures in this area. Several of the houses on the south side of Hawthorne Road, within this same block, have reduced front setbacks. If the pending right-of-way abandonment application is approved by the Planning Commission and City Board, the proposed residence will have a 30 foot front setback which will comply with ordinance requirements. To staff's knowledge there are no outstanding issues related to this application. Staff believes the proposed residence with reduced front and rear setbacks will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested setback variances, subject to compliance with the Public Works requirements as noted in paragraph A. of the staff report. BOARD OF ADJUSTMENT (October 27, 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 3 ayes, 0 nays, 1 absent and 1 abstention (Lindsey Polk). The application was approved. Yeary Lindsey Architects �Z4,,=Ot-6 ?-^ e 9 T3 September 30, 2014 Mr. Monte Moore Department of Neighborhoods and Planning 723 W. Markham St. Little Rock, Arkansas 72201 Re: 4916 Hawthorne Road Dear Monte, We are requesting a rear yard setback variance at 4916 Hawthorne Road due to the abnormally shallow depth of this lot. It is 103.3 feet deep instead of the typical 140 feet depth. In lieu of the required 25' rear setback, we are asking that the garage be allowed at 10' from the rear property line and the master bedroom constructed 20' from the rear property line. The proposed construction constitutes rear yard coverage of 21 %, still under the allowed maximum of 30%. The north side of this block consists of three lots including this one. The neighbor immediately to the west has a front porch step 12" above grade at approximately 15' from the front property line. This constitutes 50% of the houses on this side of the block. Based on the 40% rule this establishes a new front setback of 15'. We have also applied to abandon the north 15' of the 80' Right of Way on Hawthorne Rd. at this location. The utility companies and the two immediate neighbors have no objections and we foresee a passage of this abandonment. If this passes, this house would end up with a 30' front setback. We feel that allowing this house to align with the house immediately to the west strengthens the streetscape on this section of Hawthorne Rd. Thank you for your time and consideration. Sincerely, Carolyn A. dsey, AIA f 3416 Old Cantrell Road Little Rock, Arkansas 72202 501-372-5940 Fax: 501-663-0043 OCTOBER 27, 2014 ITEM NO.: 7 File No.: Z-8984 Owner: Mann Development, LLC Applicant: David B. Carpenter Address: 322 Main Street Description: Northwest corner of Main Street and W. 4th Street Zoned: UU Variance Requested: A variance is requested from the use provisions of Section 36-342.1 to allow an outdoor dining in the public right-of-way. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Commercial Building Space Proposed Use of Property: Restaurant With Outdoor Dining STAFF REPORT A. Public Works Issues: 2. The two gates on the outdoor dining area shall open to the interior. 3. No obstructions shall extend beyond the concrete patio slab. 4. At time of construction a smooth transition shall be provided between the new concrete patio slab and the sidewalk pavers to not create a tripping hazard. 5. Obtain a franchise agreement from Public Works, Civil Engineering, Bennie Nicolo (501-371-4818) for the private improvements located in the public right- of-way. The application fee is $75.00. A franchise agreement application can be found at www.littlerock.orq/citydepartments/publicworks.aspx. The application has been filed and is under review. B. Staff Analysis: The UU zoned property at 322 Main Street is occupied by a multi -story office/commercial building. The property is located at the northwest corner of Main Street and W. 4th Street. The first floor of the building is being remodeled for a new restaurant use. Construction on the Main Street roadway is currently taking place between W. 3rd and 4th Streets. As part of the new restaurant use, the applicant is proposing an area of outdoor dining on a raised concrete area, as noted on the attached site plan. The outdoor dining area will extend into the Main Street right-of-way eight (8) feet from the front property line. The outdoor dining area will run 58 feet along the front of the OCTOBER 27, 2014 ITEM NO.: 7 (CON'T.) building. The outdoor dining area will be enclosed with a three (3) foot high metal fence/railing. The area will allow for a maximum of 24 seats. Section 36-342.1(d)(1)a. of the City's Zoning Ordinance states that an area of outdoor dining shall not be located in the public right-of-way, nor shall it obstruct pedestrian movement, fire lanes, access to any business or areas designated for access by physically impaired. Therefore, the applicant is requesting a variance from this ordinance standard to allow the outdoor dining area to be located in the public right-of-way. Staff is supportive of the requested variance to allow an area of outdoor dining in the public right-of-way. Staff views the request as reasonable. Similar areas of outdoor dining can be found throughout the downtown area. This property is located within the area of the Main Street Creative Corridor and Stormwater Demonstration projects. The Public works department has reviewed plans for the proposed outdoor dining area and compared them to the final construction plans for the corridor project. The proposal appears to not conflict with the corridor project plans. Staff believes the proposed outdoor dining area will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested outdoor dining variance, subject to compliance with the Public Works requirements as noted in paragraph A. of the staff report. BOARD OF ADJUSTMENT (October 27, 2014) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda for approval as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was approved. 5111 Jerry Drive, Ste B Little Rock, AR 72223 Im EEL RE&TY G R O U P, I N C September 30, 2014 Mr. Monte Moore, Zoning Director Department of Planning and Development 723 W. Markham Little Rock, AR 72201 RE: Request for Variance - BOA 322 Main Street Little Rock, Arkansas 72201 Dear Mr. Moore: Mobile 501.258.8847 Office 501.868.9402 Fax 501.868.9437 The Applicant for the Zoning Variance enclosed with this transmittal is Gordo Brothers, LLC dba Samantha's Tap Room and Wood Grill (Samantha's). As the Agent for Applicant I have prepared the materials herein in accordance with the instructions and criteria provide by the Department of Planning and Development. In the event there is additional material required, we will promptly oblige and provide any requested material in a timely fashion. Samantha's is in process of renovating the I" level of the former Blass/Mann building at 322 Main Street into a casual dining restaurant featuring a unique combination of standard fare prepared in an creative manner. The atmosphere will be greatly enhanced by the addition of the outdoor dining option. Applicant requests a variance for permitting outdoor dining at the above referenced property because current zoning ordinances do not allow for outdoor dining unless a variance is granted. Applicant desires to construct the proposed outdoor dining patio to allow its customers the choice to become integrated into the newly redeveloped Main Street Corridor and interact directly with pedestrians and the general public in the neighborhood which is consistent with the intentions of the City of Little Rock redevelopment efforts in the downtown submarket. The patio will be approximately 8' wide by 58` long, and allow a maximum of 24 seats. The total restaurant seating designed is 143. The patio will be enclosed with powder -coated ornamental iron with locking gates to prevent patrons from exiting the premise with alcoholic beverages. We respectfully request approval of a variance to permit the construction of the patio as submitted. Sincere y2 David B. Carpenter Agent Enclosures — Applicant Site Plan Location of proposed patio on Main Street plan _ Application for Zoning Variance OCTOBER 27, 2014 ITEM NO.: 8 File No.: Z-8985 Owner: James W. and Meredith T. Hugg Applicant: James W. Hugg Address: 4605 Crestwood Drive Description: Lot 112, Cliffewood Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 to allow construction of a new residence with reduced side and rear setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Lot Proposed Use of Property: Single Family Residential STAFF REPORT C Public Works Issues: No Comments Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5) feet if they have properly constructed fire walls which provide the requisite one (1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line, and are prohibited when the exterior wall is less than three (3) feet from the line. There is no restriction on openings when the exterior wall is more than three (3) feet from the property line. Contact the City of Little Rock Building Codes at 371-4832 for additional details. Staff Analysis: The R-2 zoned property at 4605 Crestwood Drive is currently an undeveloped single family lot. The property slopes downward from front to back (north to south). OCTOBER 27, 2014 ITEM NO.: 8 (CON'T.) The lot is 60 feet wide and 122 feet deep. The lot contains a 25 foot front plated building line. The applicant proposes to construct a new two- story residence on the property, as noted on the attached site plan. The residence will be two (2) stories as viewed from Crestwood Drive, with a below grade garage/shop area. A driveway from Crestwood Drive will run along the west side of the residence and access the lower level garage. The proposed residence will be located 25 feet back from the front property line, 24.2 feet back from the rear property line, 9.3 to 12.6 feet back from the west side property line and three (3) feet back from the east side property line. Section 36-254(d)(2) of the City's Zoning Ordinance requires minimum side setbacks of six (6) feet for this R-2 zoned lot. Section 36-254(d)(3) requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances from these ordinance requirements to allow construction of a new single-family residence with reduced side and rear setbacks. Staff is supportive of the requested side and rear setback variances. Staff views the request as reasonable. With respect to the reduced side setback, the applicant is proposing to utilize a portion of the lot width for a driveway along the west side of the building to access a lower level garage. This is based primarily on the excessive slope of the lot, downward from front to back. The residence immediately east and west of this site ware each located on two (2) platted lots. Therefore, there will be ample separation between the proposed residence and adjacent residences (50 feet +). Additionally, staff has no issues with the reduced rear setback of 24.2 feet. Staff believes the proposed new residence with reduced side and rear setbacks will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested side and rear setback variances, subject to the following conditions: 1. Compliance with the Building Codes requirements as noted in paragraph B. of the staff report. 2. Guttering must be provided, if warranted by the roof slope, to prevent water run-off onto the adjacent property to the east. BOARD OF ADJUSTMENT (October 27, 2014) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda for approval as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was approved. Date: 9/30/14 1 �--,.,,_ --4 d To: Board of Adjustment, City of Little Rock 2 - 01-V5 From: James and Meredith Hugg Re: Application for a Residential Zoning Variance 4605 Crestwood Drive/ Lot 112 Cliffewood S/D Dear Board of Adjustment, We are in the process of designing and building a new house on the above referenced residential lot: Lot 112 Cliffewood S/D, located at 4605 Crestwood Drive in Little Rock. The Dimensions for this lot are: 60' wide by 122' deep. The lot has approx. 18' of elevation change from the street down to the rear property line. Current zoning for this lot establishes a 25' Front and Rear Building Set back and 6' Side backs. Due to the narrow condition of this lot and the limited building area, we are requesting a Variance for the East property line setback to be reduced from 6' to 3'. All other existing setbacks will be met. Our lot is positioned on the South side of Crestwood Drive and backs up to Allsopp Park. The existing neighbor to the West owns 2 lots and the house is constructed on the Western lot, placing it approx. 85' away from our planned project. The neighbor to the East owns 2 lots as well and has positioned the new construction house to the East side of the property, placing it approx. 50' away from our planned project. It is our belief that because of the generous separation of the two houses that neighbor our lot and our eventual built project/house that the reduction of the East set back from 6' to 3' would in no way have any negative impact on these property owners. We will of course meet any required building code requirements that would be required for our project because of the position on the 3' set back line on the East side of the lot. We will also begin the notification process required for all property owners within 200 feet of our property. We appreciate your serious consideration for approval of this Residential Zoning Variance. We believe our project will be a wonderful and high quality addition to this neighborhood, and an approval of this request will greatly benefit our ability to realize this project as we have designed. Thanks very much. Sincerely, e--,n-t'- James W. Hugg ADOPTED: October 27, 2014 BOARD OF ADJUSTMENT CALENDAR OF MEETING DATES 2015 FILING DATE NOTICE DEADLINE MEETING DATE 10-28-14 11-28-14 12-08-14 12-09-14 01-16-15 01-26-15 01-27-15 02-13-15 02-23-15 02-24-15 03-20-15 03-30-15 03-31-15 04-17-15 04-27-15 04-21-15 05-08-15 05-18-15 05-19-15 06-19-15 06-29-15 06-30-15 07-17-15 07-27-15 07-28-15 08-21-15 08-31-15 09-01-15 09-18-15 09-28-15 09-29-15 10-16-15 10-26-15 10-27-15 12-04-15 12-14-15 12-15-15 01-15-16 01-25-16 NOTE: (1) All Board meetings to be held at 2:00 P.M. unless otherwise changed by the Board. (2) Agenda meeting to be held at 1:30 P.M. in the Board Conference Room on meeting date. NOTICE: AN INTERPRETER WILL BE PROVIDED FOR THE HEARING IMPAIRED UPON REQUEST. REQUEST SHOULD BE MADE TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT AT LEAST TWO WORKING DAYS PRIOR TO THE SCHEDULED MEETING DATE. C, w W F- LU 2 cn LL 0 a 0 m IN F. W Q z i w I 0 , cr J� Q co LL LL z a w."7 LLJ z LLI LU E C6 Q T U z Ell MINOR I F. W Q z i w I 0 , cr J� Q co LL LL z a w."7 LLJ z LLI LU E C6 Q T U z F. W Q z i w I OCTOBER 27, 2014 There being no further business before the Board, the meeting was adjourned at 2:36 P.M. Date: cf, I Chairman �