boa_05 20 2013LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
MAY 20, 2013
2:00 P.M.
Roll Call and Finding of a Quorum
A Quorum was present being four (4) in number.
Approval of the Minutes of the Previous Meetings
The Minutes of the April 29, 2013 meeting were
approved by unanimous vote.
III. Members Present:
Members Absent:
City Attorney Present:
Scott Smith, Vice Chairman
Rajesh Mehta
Robert Winchester
Brad Wingfield
Jeff Yates, Chairman
Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
MAY 20, 2013
2:00 P.M.
OLD BUSINESS:
No Old Business
NEW BUSINESS:
1.
Z -3614-D
400 N. Bowman Road
2.
Z -3660-F
NW Corner of 1-30 & 1-430
3.
Z -7453-A
5524 Kavanaugh Blvd.
4.
Z -8172-A
44 Valley Club Circle
5.
Z-8858
5801 Edgewood Road
6.
Z-8859
3730 E. 36th Street
7.
Z-8861
2720 N. Fillmore Street
MAY 20, 2013
ITEM NO.: 1
File No.: Z -3614-D
Owner: James D. Keith, Jr./Bowman Curve I & II, LLC
Applicant: Wade Greenough, Bumpy's Restaurants, LLC
Address: 400 N. Bowman Road
Description: West side of N. Bowman Road, at Mara Lynn Road
Zoned: C-3
Variance Requested: Variances are requested from the area provisions of Section 36-301,
the building line provisions of Section 31-12 and the outdoor dining provisions of Section
36-298 to allow a deck addition with a reduced street side setback and encroachment
across a platted building line, and an area of outdoor dining between a bulding and
adjacent residential property.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Restaurant/Shopping Center
Proposed Use of Property: Restaurant with Outdoor Dining Area
STAFF REPORT
0
191
C.
Public Works Issues:
No Comment.
Landscape and Buffer Comments:
All existing fencing, dumpster enclosures, striping in the parking lot, and
landscaping should be in good condition or repair/replaced in conjunction with this
application.
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.
MAY 20, 2013
ITEM NO.: 1 (CON'T.)
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.
D. Staff Analysis:
The C-3 zoned property at 400 N. Bowman Road is occupied by a one-story
shopping center. The site is located on the west side of N. Bowman Road, at Mara
Lynn Road. The shopping center consists of three (3) buildings with paved parking
between the buildings and N. Bowman Road. There are three (3) access drives
from N. Bowman Road which serve the site. The lot contains a 25 foot front platted
building line which runs along the N. Bowman Road frontage.
Bumpy's restaurant occupies the northernmost space within the largest of the three
(3) buildings, near the northwest corner of the overall site. The applicant proposes
to construct a 30 foot by 30 foot wood deck at the north end of the building, as
noted on the attached site plan. The deck will be unenclosed/uncovered and
utilized for outdoor dining. The deck will be located four (4) feet to nine (9) feet
back from the front property line along N. Bowman Road. The proposed deck will
cross the 25 foot front platted building line by 16 to 21 feet. Because of the slope
of the property, the east side of the deck will be approximately four (4) feet above
grade, with the west side being at grade. The deck will have a 40 inch high railing
with lattice underpinning. The proposed deck will eliminate five (5) parking spaces,
with three (3) new spaces being provided at the west side of the deck. Ample
parking exists on the site to meet ordinance requirements.
Section 36-301(e)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet. Section 31-12(c ) of the Subdivision Ordinance requires that
building line encroachments be reviewed and approved by the Board of
Adjustment. Section 36-298(8)e. requires that an area of outdoor dining not be
located between the building occupied by the restaurant and adjacent residentially
zoned or used properties. Therefore, the applicant is requesting variances from
these ordinance standards to allow the proposed deck with a reduced front setback
and building line encroachment, and the area of outdoor dining to be located
between the building and adjacent multi -family property across N. Bowman Road
to the adjacent north.
Staff does not support the proposed outdoor dining area with variances, as
requested. Staff does not object to the applicant having an area of outdoor dining,
but staff has concerns with the proposed plan. First, staff is concerned that the
area of outdoor dining is located too close to property line along N. Bowman Road,
a very busy roadway. The northwest corner of the proposed deck is located only
four (4) feet from the sidewalk along N. Bowman Road. Secondly, staff feels that
the proposed deck location will adversely impact vehicular circulation through the
MAY 20, 2013
ITEM NO.: 1 (CON'T.)
site. The proposed deck will eliminate vehicular circulation from the northernmost
driveway to the site's main area of parking to the south. Staff believes the
applicant should re -design the outdoor dining area and provide a 20 foot wide
driveway between the deck and the property line along N. Bowman Road. Staff
feels that this will provide a safer distance between the deck and the roadway and
will also allow traffic to circulate from the northernmost driveway to the south.
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 deck
addition. The applicant should review the filing procedure with the Circuit Clerk's
office to determine if the replat requires a revised Bill of Assurance.
E. Staff Recommendation:
Staff recommends denial of the requested variances, as filed.
BOARD OF ADJUSTMENT: (May 20, 2013)
Staff informed the Board that the applicant contacted staff on May 14, 2013 and requested
the application be withdrawn. Staff supported the withdrawal request.
The item was placed on the Consent Agenda and withdrawn with a vote of 4 ayes, 0
nays, and 1 absent.
April 23, 2013
To: Board of Adjustment,
-4
2 -3(,iLl->
Bumpy's Restaurants LLC Located at 400 N Bowman #28 Little Rock, AR is requesting approval of needed
variances for the addition of an outdoor patio seating area. The new seating area will add 36 new
additional seats (current seating is 120).
Possible Variances needed are: Dining Requirements, Set Back of .citructw e, acid dated building Line.
1 he total number of parking stalls on Tract i is 236.
Please see attached sketch for elevation of deck.
Any questions I can be reached at 501-749-5192
Thank you,
Wade Greenough C ---
Owner --
Owner
Bumpy's Restaurants LLC.
MAY 20, 2013
ITEM NO.: 2
File No.: Z -3660-F
Owner: Town Center, LLC/Tommy L. Hodges
Applicant: Pat McGetrick
Address: Northwest Corner of Interstate 30 and Interstate 430
Description: Generally West of 1-30/1-430, North of Otter Creek Road
Zoned: C-4
Variance Requested: Variances are requested from the sign provisions of Section 36-555
to allow ground -mounted signs with increased height and area.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Undeveloped
Proposed Use of Property: Mixed Commercial Use
STAFF REPORT
01
1.9
Public Works Issues:
No Comment.
Staff Analysis:
The C-4 zoned property at the northwest corner of Interstate 30 and Interstate 430
represents a total of approximately 180 acres. The property is the future location
of the "Gateway Town Center," a multi -lot commercial development. A "Loves
Travel Center" was recently constructed at the southwest corner of the property. A
" Bass Pro Shops" is currently being constructed within the south half of the
property, with a branch bank facility being developed along the south property line.
An outlet mall is planned on the north side of "Bass Pro Shops", with a number of
smaller out lots planned for office, retail, hotel and restaurant uses. One (1) main
ring road with other smaller roads/drives are proposed throughout the overall site.
As part of the overall project, the applicant is proposing two (2) main entry signs for
"Gateway Town Center". Sign #1 will be located along 1-430 at the northeast
corner of the 180 acre site. The sign will be 49.5 feet high, with an area of
approximately 740 square feet. Sign #2 will be located along the south property
line at the northeast corner of Otter Creek Road and Natural Road/Bass Pro
Parkway. Sign #2 will be one-half the size of sign #1, with a height of
MAY 20, 2013
ITEM NO.: 2 (CON'T.)
approximately 25 feet and an area of approximately 370 square feet. The
elevation of the location for sign #1 is approximately 14 feet below the elevation of
the center line of 1-430.
Section 36-555(a)(2) of the City's Zoning Ordinance allows a maximum sign height
of 36 feet and a maximum sign area of 160 square feet for ground -mounted signs
in commercial zoning. Section 36-557(b) allows sign heights for ground -mounted
signs located immediately adjacent to an interstate to be measured from the
elevation of the centerline of the traffic lanes. As noted above, the elevation of
1-430 is approximately 14 feet above the location of sign #1. The elevation of sign
#1 could be raised slightly with the sign construction, with the elevation difference
likely being between 10 and 14 feet. Therefore, the applicant is requesting
variances from Section 36-555 to allow the two (2) ground -mounted signs for
"Gateway Town Center" with increased sign area and sign #1 with possibly a
slightly increased height.
Staff is supportive of the requested sign variances. Staff views the request as
reasonable. The two (2) proposed ground -mounted signs will serve a very large
commercial development of approximately 180 acres. The signs will be located on
and very near major interstate roadways. Although the various individual
businesses with the "Gateway Town Center" will have their own signage, the
proposed signs will identify and alert drivers to the main entry points to the overall
development. Similar sized signs have been allowed with other large commercial
developments in Little Rock, such as "Shackleford Crossings" and "Mabelvale
Plaza". Staff believes the proposed signs with increased area and height will have
no adverse impact on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested sign variances, subject to permits
being obtained for the signage, and the electronic portions of the signs complying
with City established guidelines.
BOARD OF ADJUSTMENT: (May 20, 2013)
Pat McGetrick and Tommy Hodges were present, representing the application. There were
two (2) registered objectors present. Staff presented the application with a recommendation
of approval.
The two (2) registered objectors, Richard A. Williams and John Billingsly, indicated that they
put the wrong item number on their registration cards, and were actually there for another
item (Z -7453-A, 5524 Kavanaugh Blvd.), which was previously approved on the consent
agenda.
There was a motion to approve the application as recommended by staff. The motion
passed by a vote of 4 ayes, 0 noes and 1 absent. The application was approved.
T�"- -4-z
�?-3C(,0--F
May 2, 2013
Mr. Monte Moore
Zoning Administrator
Department of Planning and Development
723 West Markham Street
Little Rock, AR 72201
Re: Sign Variance
Gateway Town Center
Dear Mr. Moore:
We are herewith requesting a variance to allow two development signs to be constructed
for the Gateway Town Center. These signs will exceed the height requirements and
square footage allowed by the City. The development sign along Interstate 430 will be
constructed on a natural ground elevation of 294' and the highway drivelane elevation at
this location is 308'. This is a difference of 14'. This may vary when actual construction
takes place. The Interstate 430 sign will be as shown on the attached drawing. It will
have permanent sign displays as well as a section for video sign displays. The
development sign on Otter Creek Road will be half the size of the I-430 sign. It will also
consist of permanent as well as video signage. We will notify the adjoining property
owners.
If you have any questions, please feel free to contact us.
Sincerely,
McGetrick & McGetrick, Inc.
TalwCkM. 46elehck, U,
Patrick M. McGetrick, P.E.
MAY 20, 2013
ITEM NO.: 3
File No.: Z -7453-A
Owner: Waller Investments
Applicant: Drew Weber
Address: 5524 Kavanaugh Blvd.
Description: Northeast Corner of Kavanaugh Blvd. and N. Taylor Street
Zoned: C-3
Variance Requested: Variances are requested from the area provisions of Section 36-301,
the parking provisions of Section 36-502, the buffer provisions of Section 36-522 and the
dumpster provisions of Section 36-298 in conjunction with a proposed building addition
project.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Restaurant
Proposed Use of Property: Restaurant
STAFF REPORT
0
n.
Public Works Issues:
■ At the time of building permit issuance, reduce the width of the south
driveway from 32' to 24' by moving the south curb of the apron to the north
8 feet.
■ At the time of building permit issuance, reduce the width of the north
driveway from 35' to 32' by moving the north curb of the apron to the south
3'.
Landscape and Buffer Comments:
The cost associated with the project will determine the amount of
landscaping that is required with this application. If the construction costs
exceeds fifty percent (50%) of the replacement cost of the building then
the landscaping and buffer ordinances will need to be met accordingly.
Any/all landscaping in the public right-of-way will require a franchise
agreement with the City of Little Rock; contact Bennie Nicolo at 501-371-
4818 with any questions.
Any new fencing along the northern property line needs to be opaque and
the good side facing the neighbor.
MAY 20, 2013
ITEM NO.: 3 (CON'T.)
A legal, stamped and signed survey will be required with the building
permit application.
If the cost exceeds fifty percent of the replacement cost of the building a
six foot nine inch (6'-9") wide perimeter landscape strip may be required
along all the perimeters of the site; which would eliminate a few parking
spaces. A variance from the City Beautiful Commission may also be
required for any variations from the City of Little Rock's Landscape
Ordinance.
The City of Little Rock and the City Beautiful Commission recommend
saving any large on site trees.
C. Staff Analysis:
The C-3 zoned property located at 5524 Kavanaugh Blvd. is occupied by a one-
story commercial building which houses U. S. Pizza Co. The property is located at
the northeast corner of Kavanaugh Blvd. and N. Taylor Street. The building is
located within the south half of the property, with asphalt/concrete parking on the
north, west and south sides of the building. There are two (2) driveways from N.
Taylor Street and one (1) driveway from Kavanaugh Blvd. at the southeast corner
of the property. A small storage building is located north of the restaurant building.
An area of outdoor dining is located between the restaurant building and the
storage building. A canopy structure is located on the south side of the building,
6.5 feet from the south (front) property line.
The applicant is proposing to make several changes to the property. The applicant
proposes to construct a 12 foot wide building addition to the front of the existing
structure. Small additions closing in the northeast and northwest corners of the
existing building are also proposed. A 10 foot by 40 foot awning is proposed on
the south side of the proposed 12 foot wide addition to the front of the building. A
small covered entryway is proposed on the west side of the building, facing N.
Taylor Street. The enclosed addition to the front of the structure will be located 18
feet back from the front (south) property line, with the awning having a front
setback of eight (8) feet. The enclosed additions will maintain the existing four (4)
foot setback from the east side property line. The small covered entryway on the
west side of the building will be 22 feet back from the west side property line. The
enclosed building area will total approximately 2,300 square feet.
The applicant also proposes to remove the storage building from the site and
relocate the outdoor dining from the northeast corner of the building to the front of
the building, under the proposed awning to near the front (south) property line.
The area of outdoor dining will increase from 612 square feet to 704 square feet.
A planter bed and fence will be located around the area of outdoor dining.
The existing paved areas on the west and north sides of the building will be re -
striped to provide 17 off-street parking spaces. Two (2) on -street parking spaces
will be added along Kavanaugh Blvd. at the southeast corner of the property. A
dumpster will be located at the northwest corner of the site.
MAY 20, 2013
ITEM NO.: 3 (CON'T.)
The applicant is requesting four (4) variances with the proposed improvements to
the property. First is a variance requested from Sections 36-301(d)(1) and (2) of
the City's Zoning Ordinance. These sections require 25 foot front and street side
setbacks. The proposed enclosed addition to the front (south) of the building is 18
feet back from the front property line, with the awning being eight (8) feet back
from the front property line. The proposed covered entry on the west side of the
building is 22 feet back from the west (street side) property line.
The second variance is requested from Section 36-502(b)(3)c., which requires a
minimum of 30 off-street parking spaces for the proposed use with building
additions and outdoor dining area. The applicant is providing 17 off-street parking
spaces for the commercial property. On -street parking is allowed in the general
area.
The third variance is from Section 36-522(b)(3)b. which requires 6.75 foot
landscaped buffers along the Kavanaugh Blvd. and N. Taylor Street frontages.
Planter beds, two (2) to three (3) feet wide will be installed along the Kavanuagh
Blvd. (south) property line. No street buffer is proposed along the N. Taylor Street
(west) property line. Landscape strips (4.5 feet wide) are proposed in the
Kavanaugh Blvd. and N. Taylor Street rights-of-way. The property currently
contains no street buffers.
The final variance is from Section 36-298(2) which requires that dumpsters and
trash containment areas not be located within the front yard setback area, street
side or exterior side yard setback area. The proposed dumpster area will be
located within the 25 foot street side yard setback area.
Staff is supportive of the requested variances. Staff views the request as
reasonable. The applicant is proposing upgrades and improvements to an existing
restaurant site, and not a complete re -development of the property. Several
components of the development are simply being shifted from one location on the
site to another. The area of outdoor dining is being moved from behind the
building to the front, further away from the adjacent residential to the north. The
existing area of outdoor dining and storage building will accommodate a shift in
several parking spaces from the front to back, and will allow two (2) new on -street
spaces where the existing driveway exists from Kavanaugh Blvd. The proposed
reduced building setbacks will not be out of character with many other properties in
the general area. The applicant is also proposing to meet 57 percent of the on-site
parking requirement. A number of the businesses in this general area have little or
no off-street parking. Additionally, the proposed improvements to the overall
property include several areas of landscaping, both on-site and in the right-of-way,
which currently do not exist. Staff believes that the overall plan to provide
improvements to the property is a quality plan which will have no adverse impact
on the adjacent properties or the general area.
MAY 20, 2013
ITEM NO.: 3 (CON'T.)
D. Staff Recommendation:
Staff recommends approval of the requested variances, subject to the following
conditions:
(1) Compliance with the Public Works conditions as noted in paragraph A.
of the staff report.
(2) Compliance with the Landscape and Buffer requirements as noted in
paragraph B. of the staff report.
(3) The awning and covered entry additions must remain unenclosed.
(4) The number of seats within the outdoor dining area must not exceed
50 percent of the total seats inside the restaurant.
(5) No outdoor speakers or amplified music will be allowed within the
outdoor dining area.
(6) The dumpster area must be screened as per ordinance standards.
(7) The dumpster area must only be serviced during daylight hours.
(8) A franchise permit must be obtained for any improvements
(landscaping, etc.) located in the public right-of-way.
BOARD OF ADJUSTMENT: (May 20, 2013)
The applicant was present. There were no registered objectors present. Staff presented the
application with a recommendation of approval, with conditions.
The item was placed on the Consent Agenda and approved, as recommended by staff with a
vote of 4 ayes, 0 nays, and 1 absent.
US Pizza Company/Waller Investments
PO Box 251710
Little Rock, AR 72225
(501) 280 —0399
(501) 280 — 0420 Fax
Tuesday, April 23, 2013
3
7453-4
We are proposing to remodel and renovate our restaurant at 5524
Kavanaugh Boulevard in the Heights area of Little Rock.
Our purpose is to provide a better dining experience and also to bring our
bathrooms up to code. We believe the "sidewalk style" of outdoor dining is a
perfect fit for the Heights area. In our project plans we propose to repair all
walks, drives, and run utilities underground.
The main need for a variance is to move parking to the rear where our
outdoor dining is currently located. This will require us to relocate our outdoor
dining to the front in turn closing off existing drives from Kavanaugh Boulevard.
Entrances will then be accessed through N. Taylor Street. We will be removing
our office and storage building and relocating the bathrooms, currently only
accessible from the exterior of the restaurant, to inside the main building. We
feel there is a demand to renovate the kitchen and bring our restrooms up to
A.D.A. guidelines. With all that said, we need to increase our main building size to
accommodate these needs.
The Replacement Cost
1870 SF X 100
$187,000
The Renovation Cost $151,575
Cost Difference
($35,425)
MAY 20, 2013
ITEM NO.: 4
File No.: Z -8172-A
Owner: Arby and Angela Smith
Applicant: Chris Bulloch, Ridge Construction, LLC
Address: 44 Valley Club Circle
Description: Lot 7R, Replat of Lots 7 and 8, Block 20, Pleasant Valley Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-254
and the easement provisions of Section 36-11 to allow a covered patio addition with
reduced rear setback and 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 Update:
The applicant submitted a letter to staff on May 6, 2013 requesting the application be
withdrawn. Staff supports the withdrawal request.
BOARD OF ADJUSTMENT:
(May 20, 2013)
Staff informed the Board that the applicant contacted staff on May 6, 2013 and requested the
application be withdrawn. Staff supported the withdrawal request.
The item was placed on the Consent Agenda and withdrawn with a vote of 4 ayes, 0 nays,
and 1 absent.
ABBY L SMITH
44 VALLEY CLUB CIRCLE
LITTLE ROCK, AR 72212 _ 4
April 23, 2013 9172-4
City of Little Rock
Planning & Development
Attn: Monte Moore
723 West Markham
Little Rock, AR 72201-1334
RE: Application for Zoning Variance
44 Valley Club Circle, Little Rock, AR 72212
Dear Mr. Moore:
Enclosed you will find the Application for a Residential Zoning Variance with supporting
materials for the property located at:
44 Valley Club Circle
Little Rock, AR 72212
I am requesting a variance from the area provisions of Section 36-254 of the Little Rock Code
of Ordinance to allow the extension of an existing patio and the addition of a covered roof
over said patio.
I am proposing to extend a portion of the existing patio towards the west 6', which will extend
into the 25' building setback as well as 10' utility easement. I am also proposing to install an
asphalt single roof over said patio.
Enclosed are (6) copies of the survey which identifies the existing structures on the property
and setback lines..
I have received clearance letters from each of the utilities provided to the Pleasant Valley
Subdivision. It is with these supporting documents, we are requesting a variance from the
requirements of the Zoning Ordinance.
Respects
Arby . Smith
MAY 20, 2013
ITEM NO.: 5
File No.: Z-8858
Owner: Jesse Joe and Amanda Gibson
Applicant: Andrew V. Francis, P.A.
Address: 5801 Edgewood Road
Description: Outlot A-2, Prospect Terrace No. 3 Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-254,
building line provisions of Section 31-12 and the easement provisions of Section 36-11 to
allow construction of a new residence with reduced front setback, building line
encroachment and easement encroachment.
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
U
Public Works Issues:
No Comment.
Utility Comments:
Entergy — No facilities within easement. No objection to encroachment.
Central Arkansas Water — Based on location of water line in the easement CAW
can only allow a variance of up to 10 feet; 5 feet of which can be granted
inside the easement.
Little Rock Wastewater — No objection to easement encroachment.
CenterPoint Energy — No objection to easement encroachment.
AT&T — No comment/letter received.
C. Staff Analysis:
The R-2 zoned property at 5801 Edgewood Road is currently in the process of
being prepared for construction of a new residence. The lot is located near the
south end of Edgewood Road. The lot contains a 25 foot front platted building line
and a 20 foot wide utility easement along the front (west) property line. Smaller
MAY 20, 2013
ITEM NO.: 5 (CON'T.)
easements are located along the other property lines. The property slopes
upward from front to back (west to east). The elevation along the rear (east)
property line is approximately 40 feet higher than the front (west) property line. A
retaining wall has been constructed within the west (rear) half of the property and
along the north side property line. The retaining wall is approximately 15 feet high
at its highest point (near its rear corner). The area between the retaining wall and
the street has been leveled for the new construction. The leveled area is
approximately five (5) to six (6) feet above the elevation of the roadway.
The applicant proposes to construct a new single family residence on the
property, as noted on the attached site plan. The proposed residence will be
located 15 to 17 feet back from the front (west) property line, extending across the
front platted building line by eight (8) to ten (10) feet. The residence also
encroaches into the front utility easement by three (3) to five (5) feet. The
proposed residence will be located at least 15 feet from all other property lines.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet. Section 31-12(c ) of the Subdivision Ordinance requires that
building line encroachments be reviewed and approved by the Board of
Adjustment. Section 36-11(f) requires that easement encroachments also be
reviewed and approved by the Board. Therefore, the applicant is requesting
variances from these ordinance standards to allow the new residence with
reduced front setback and building line and easement encroachments.
Staff is supportive of the requested front setback, building line and easement
variances. Staff views the request as reasonable. The proposed residence will
be the only residence on the east side of this stretch of Edgewood Road, south of
Wildwood Road. Most of the residences along the west side of the roadway have
similar reduced front setbacks because of the excess slope downward from front
to back. The proposed front setback will not be out of character with this
immediate area. The subject property has excess slope from front to back.
Pulling the house closer to the front property line will allow some rear yard area
without pushing the retaining wall closer to the adjacent single family properties to
the east and north. As of this writing, the applicant and staff are awaiting a letter
from AT&T addressing the proposed easement encroachment. Staff's support is
based on approval from AT&T. None of the other utilities object to the easement
encroachment. Staff believes the proposed residence with reduced front setback
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 residence. The applicant should review the filing procedure with the Circuit
Clerk's office to determine if the replat requires a revised Bill of Assurance.
MAY 20, 2013
ITEM NO.: 5 (CON'TJ
D. Staff Recommendation:
Staff recommends approval of the requested setback, building line and easement
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. A letter from AT&T approving the easement encroachment must be
provided.
BOARD OF ADJUSTMENT: (May 20, 2013)
Andrew Francis, Jacob White and Jesse and Amanda Gibson were present, representing the
application. There were two (2) objectors present. Staff presented the item with a
recommendation of approval. Staff noted that AT&T had submitted a letter noting no
objection to the proposed easement encroachment.
Andrew Francis addressed the Board in support of the application. He deferred further
comment until after the objectors addressed the Board.
Tim Grooms addressed the Board in opposition. He stated that he represented two (2)
nearby property owners. He discussed an alley issue related to the proposed property. He
noted that the property owners purchased the lot knowing the issues associated with it. He
explained that the proposed house is too large for the lot.
John Tull also addressed the Board in opposition. He expressed concerns with drainage in
the area and safety issues associated with his pool.
Mr. Francis explained that the Gibsons had title insurance for the entire property. He
explained that the proposed plan moved the house closer to the street and away from
neighboring properties. He explained that the wall was constructed based on plans from an
engineer and approved by Public Works. He explained that a three-story house could be
constructed and meet the required setbacks. He noted that the house design was
compatible with the area. The issue of the old alley was discussed further.
Vice -Chair Smith commented on the requested variances. He explained that the proposed
house with reduced front setbacks would not be detrimental to the neighborhood. He noted
pulling the house forward on the lot was the correct thing to do in this instance. There was
brief discussion related to the wall construction.
There was a motion to approve the application as recommended by staff. The motion
passed by a vote of 4 ayes, 0 nays, and 1 absent. The application was approved.
ANDREW V. FRANCIS, P.A.
ATTORNEY AT LAW
2311 BISCAYNE DRIVE, SUITE 205
ANDREW V. FRANCIS LITTLE ROCK, AR 72227
E-MAIL ADDRESS: TELEPHONE (501) 954-7390
AVFPA@SBCGLOBAL.NET FACSIMILE (501) 325-3427
April 19, 2013
Mr. Jeff Yates, Chairman
Little Rock Board of Adjustment
c/o Dana Carney, Zoning and Subdivision Manager
Planning and Development Department
723 West Markham Street
Little Rock, AR 72201
RE: 5801 Edgewood Road —Request for Variance
Dear Chairman Yates:
My name is Andy Francis and I represent Jesse and Mandy Gibson in the above -captioned
matter.
The Gibson family is requesting a variance from the City of Little Rock to move their proposed
home west, towards Edgewood Road, and ten (10) feet into the platted twenty-five (25) foot front
setback for this lot. For your consideration, I am enclosing the following exhibits:
1. Boundary survey of 5801 Edgewood Road dated July 18, 2012 showing proposed house
plans in relation to the lot lines ("Survey");
2. Plat of 5801 Edgewood Road dated August 9, 2012, and filed as Instrument No.
2012051112, records of Pulaski County, Arkansas ("Plat");
3. E -Mail from CAW dated April 16, 2013 re: consent to variance;
4. Photographs of the property showing:
a. The retaining wall from Edgewood Road;
b. Edgewood Road from retaining wall;
c. The cul-de-sac on Edgewood Road from retaining wall;
d. The east side of Edgewood Road, looking south; and
e. The east side of Edgewood Road, looking north.
5. Map of 5801 Edgewood Road showing slope of lot;
The Gibsons recently purchased an undeveloped lot in the Prospect Terrace neighborhood of
Little Rock. The address of the Gibson's lot is 5801 Edgewood Road. The Gibsons, parents of
two young children, are planning to construct their family home on this lot.
The Plat, Exhibit 2, above, shows the location of the lot lines in relation to the right-of-way of
Edgewood Road. There is a 20 foot wide area at the front of the lot labeled as "Reserve A".
This was a platted alley from the original platting of Prospect Terrace. It was abandoned by the
Page 2
Mr. Jeff Yates, Chairman
Little Rock Board of Adjustment
April 19, 2013
City in 1963 via Ordinance No. No. 11,430, but the City retained an easement for any public
utilities located in the area. The Plat also shows the location of the 25 foot front building setback
line.
The Survey, Exhibit 1, above, generally shows the proposed layout of the Gibson's home on the
lot. It also shows the distance between the west (front) lot line and the edge of Edgewood Road
(11.5 feet). The Gibsons have since revised the plans to slightly reduce the width and length of
the home, but this does not change the general location of the home on the lot. Built at the front
setback line, the front of the house would be 36.5 feet from the edge of the Edgewood Drive.
This is a significant setback, and is indeed quite a bit larger than the existing homes on
Edgewood Road.
The lot slopes steeply from the east to the west. Exhibit 5, above, was taken from the City's on-
line Zoning Map and shows the steep topography of the Gibson's lot. Exhibit 4.b. also shows the
slope of the lot. To accommodate a home, the Gibsons installed a retaining wall across the
middle of their lot so they could have a level building pad fronting on Edgewood Road (Exhibit
4.a). The retaining wall, as built, will be immediately adjacent to the planned location for the
rear wall of the home. The Gibsons revised their home plans, but the wall is still only a foot or
two away from the back wall of the house. The only way to give their family any back yard area
is to move the house forward, into the front set -back line.
There is an 8" water main that runs north and south within Reserve A. The Gibsons have
contacted Central Arkansas Water and they have consented to a ten foot variance, which will
place the front building line five feet within the utility easement. Exhibit 3, above, is a copy of
an e-mail from Central Arkansas Water consenting to a ten foot (10') variance.
The Gibsons would like to move their home west, closer to Edgewood Road. This will give
them some distance between the existing retaining wall and the back of their house. The Gibsons
request a variance of ten (10) feet. This would move their home to approximately 15 feet away
from the front lot line, but still be 26.5 feet away from Edgewood Road.
The strict enforcement of the front yard setback would cause a hardship due to circumstances
unique to this lot. The extreme slope of the lot combined with its odd shape make this lot a good
candidate for a variance.
As you can see from the Plat, this lot was replatted from a larger lot which was comprised of
Outlot A-1 and Outlot A-2. The Gibson's lot (Outlot A-2) is wedge-shaped, with the widest part
fronting on Edgewood road. There is also a steep slope from the rear of the lot down towards
Edgewood Road. The narrow shape of the rear lot combined with the excessive slope of the lot
requires placing the home towards the front of the lot. This will allow the Gibsons to build a
Page 3
Mr. Jeff Yates, Chairman
Little Rock Board of Adjustment
April 19, 2013
home that is of a size in keeping with the neighborhood without having to build a three-story
house.
Another factor causing hardship from the strict enforcement of the front setback is the location of
the Gibsons' proposed home to the other homes in the Edgewood cul-de-sac. As you can see
from Exhibits 4.c., d., and e., there are no houses fronting on the east side of this portion of
Edgewood Road until you get into the cul-de-sac. Thus, the requested variance will not cause the
Gibsons' home to be out of alignment with the front setback on neighboring properties. Strictly
enforcing the front yard setback would not serve to enforce the uniformity of the look of the front
setback intended by the ordinance.
The granting of this variance will help the Gibsons build a home that is more in keeping with the
neighborhood in size and height. It will also prevent the home from being situated out of
alignment with other homes on the east side of Edgewood Road. Accordingly, your support of
this variance will be in keeping with the spirit and intent of the Zoning Ordinance.
Thank you very much for your consideration and please let me know if you need any additional
information or have any questions.
Thank you very much and please contact me with any questions.
Cordially,
ANDREW V. FRANCIS, P.A.
Andrew V. Francis
/avf
Enclosures
cc: Mr. Monte Moore
Jesse and Mandy Gibson
MAY 20, 2013
ITEM NO.: 6
File No.: Z-8859
Owner/Applicant: Kevin L. Smith
Address: 3730 E. 36th Street
Description: North side of E. 36th Street, between Geneva Street and Bud Lane
Zoned: R-3
Variance Requested: Requested appeal of the Planning Staff's determination that a
commercial vehicle (dump truck) cannot be parked on an R-3 zoned property.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Lot
Proposed Use of Property: Parking for Commercial Vehicle Dump Truck
STAFF REPORT
A. Public Works Issues:
No Comment.
B. Staff Analysis:
The R-3 zoned property at 3730 E. 36th Street is undeveloped and grass covered.
The property is located at the northwest corner of E. 36th Street and Geneva
Street, in the College Station Community of Little Rock. An old asphalt/concrete
driveway is located from Geneva Street at the northeast corner of the property. A
small storage building is located at the northwest corner of the property. The
property owner, Kevin Smith, has been parking a Kenworth T600 tri -axle dump
truck on the existing asphalt/concrete driveway.
On March 14, 2013, Kevin Smith was issued a Courtesy Notice letter to cease the
parking of the commercial dump truck on the R-3 zoned property at 3730 E. 36th
Street within seven (7) days. The violation was observed by staff during a routine
survey of the area. On March 22, 2013, Kevin Smith submitted a letter to Tony
Bozynski, Director of Planning and Development appealing the notice, requesting
the continued parking of the commercial dump truck on the R-3 zoned property.
On April 2, 2013, Mr. Bozynski issued a letter to Mr. Smith denying the requested
appeal to park the commercial dump truck at 3730 E. 36th Street. On April 18,
2013, Mr. Smith filed an appeal of Mr. Bozynski's decision to the Board of
Adjustment, requesting continued use of the R-3 zoned property at 3730 E. 36th
Street for the parking of the commercial dump truck.
MAY 20, 2013
ITEM NO.: 6 (CON'T.)
Section 36-512 of the City's Zoning Ordinance prohibits the parking of commercial
vehicles in residential zoning as follows:
"(a) Except as provided herein, no portion of
any lot, tract or parcel of land zoned for residential
usage, including districts "R-1" through "R -7a" and
"MF -6" through "MF -24," shall be utilized for the
parking of commercial vehicles with a load
carrying capacity of one (1) ton or greater.
(b) For the purposes of this section, the following
types of vehicles are expressly prohibited at any time:
(1) All commercial tow vehicles or vehicle carriers.
(2) Dump trucks, trash haulers, bulldozers and
other earth haulers or excavation equipment.
(3) Flatbed or stake bed trucks.
(4) Trailers whose designed intent is storage or
transport of material or equipment.
(5) Trucks or buses used in inter -or intra state commerce.
(6) Vans of one (1) ton or greater in load -
carrying capacity.
(7) School or church buses or vans of one (1)
ton or greater in load -carrying capacity.
(8) Street sweepers and vehicle -mounted vacuum
devices intended for the cleaning of streets or parking lots."
The Board of Adjustment is asked to determine if staff was incorrect in denying the
requested appeal and, if it is appropriate to allow Kevin Smith to continue to park
the commercial vehicle (dump truck) on the R-3 zoned property at 3730 E. 36th
Street.
BOARD OF ADJUSTMENT: (May 20, 2013)
Staff informed the Board that the applicant contacted staff on May 20, 2013 and requested
the application be deferred to the June 24, 2013 agenda. Staff supported the deferral
request, noting that it would be the only deferral supported.
The item was placed on the Consent Agenda and deferred to the June 24, 2013 Agenda with
a vote of 4 ayes, 0 nays, and 1 absent.
j4_4�_44
To whom it may concern,
This letter is in reference to code: 36-51-2 County, Zone�R-3.
My name is Kevin Smith and I am appealing the denial to resume parking my Kenworth
T6CO tri -axle dump truck in a vacant lot. Itis on a concrete slab in a mostly wooded area, and
poses no threat to the environment. The lot is located at 3730 East 36th Street Little Rock, Ark.
{Zone R3) in the College Station part of Little.Rock. Prig' to this miming vacant this lot was
the place where my father parked his commercial vehicle as well as my place of residence. I've
beeri�pafking=my trackherefor the past ten years with no€omplaints. Also, the residents in the
area are all family members with no small children. In addition to providing convenience for me
and nay family, it.provides security :as well. i've_heardreporUfrom fellow_ drivers. of thiet's on
supposedly secure lots.It will be greatly appreciated if I could continue to park there.
Kevin L_ -Smith
8907 Kennesaw Mountain Dr.
Mabelvale;-R.72.1.43-
Mobile: (501) 766-6660
MAY 20, 2013
ITEM NO.: 7
File No.: Z-8861
Owner/Applicant: Tammy Miller and Phil Plyler
Address: 2720 N. Fillmore Street
Description: Southwest Corner of N. Fillmore Street and "Z" Street
(undeveloped right-of-way)
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-254
and the fence provisions of Section 36-516 to allow a building addition with reduced side
setback and 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:
1. This portion of Z Street public right-of-way is being considered for a future
street and drainage improvement project at the request of citizens. No
Franchise Permits have been issued for any existing private
improvements located within the City right-of-way. At the time of
construction of the project, the City will request the existing private
improvements within the right-of-way to be removed. If not removed by
the owner, those improvements will be removed by the City and
repayment of city expenses may be requested from the owner. Those
improvements will not be replaced at the completion of the project.
2. No franchise permits will be issued for any proposed private
improvements within the Z street public right-of-way including concrete or
asphalt driveways used for vehicle parking, fences, landscaping or any
other structure.
3. A future Z Street street and drainage improvement project could consist of
constructing a 26 ft. wide street in the center of the right-of-way with a 5 ft
concrete sidewalk placed at right-of-way line adjacent to the subject
property and relocation of the existing open ditch to a closed pipe system
or new open ditch system within the Z Street public right-of-way from
Pierce Street to Fillmore Street.
MAY 20, 2013
ITEM NO.: 7 (CON'T.)
4. Any proposed garage or carport must be located at least 20 ft. from the Z
Street public right-of-way to prevent vehicle parking within the public right-
of-way.
B. 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.
C. Staff Analysis:
The R-2 zoned property at 2720 N. Fillmore Street is occupied by a one-story brick
and frame single family residence. The property is located at the southwest corner
of N. Fillmore Street and "Z" Street (an undeveloped right-of-way). There is a one -
car wide asphalt drive at the northeast corner of the property, within the "Z" Street
right-of-way. A deck/patio area and a small area of fencing on the north side of the
residence is also located within the "Z" Street right-of-way. An accessory building
(approximately 400 square feet in area) is located at the northwest corner of the
property.
The applicant is proposing to construct one-story additions to the residence, as
noted on the attached site plan. A 12 foot wide porch (covered/unenclosed) is
proposed on the front (east) of the residence. A 7.8 foot wide addition is proposed
on the north side of the structure, with a 16 foot wide addition on the rear (west).
The porch will total 453.6 square feet, and be located 30 feet back from the front
(east) property line and be built to the north side property line (zero setback). The
additions on the side and rear (916 square feet) will be approximately 38 feet back
from the rear (west) property line and are also proposed with no setback from the
north side property line. The additions will have a 7.5 foot setback from the south
side property line. The deck/patio and fence encroachments into the "Z" Street
right-of-way will be removed with the proposed construction. The applicant is also
proposing to construct a 16 foot wide paved driveway within the "Z" Street right-of-
way as part of the project. The driveway will extend the entire length of the
property (140 feet) to the accessory building near the rear property line. The
applicant is also proposing a new six (6) foot high wood fence to enclose the rear
yard area, extending 18 feet into the "Z" Street right-of-way.
MAY 20, 2013
ITEM NO.: 7 (CON'T.)
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side
setback of 4.5 feet for this R-2 zoned lot. Section 36-516(e)(1)a. allows a
maximum fence height of four (4) feet for fences located between a building
setback line and street right-of-way. Therefore, the applicant is requesting
variances from these ordinance standards to allow the building addition with a
reduced side setback and the portion of the six (6) foot high fence located within
the north 4.5 feet of the lot and within the "Z" Street right-of-way.
Staff does not support the variances, as requested. Staff has no issue with the
requested zero (0) side setback, given the fact that it is adjacent to an
undeveloped street right-of-way which could remain an undeveloped right-of-way
in the future. However, staff does not support any new improvements in the "Z"
Street right-of-way. Public Works notes in paragraph A. that no new franchise
permits will be issued for this portion of right-of-way due to the fact that a drainage
project is being considered which will utilize the right-of-way area. The applicant
should be aware that the future drainage project could include construction of this
one (1) block section of "Z" Street. If that occurs, the back of curb will be located
approximately seven (7) feet from the applicant's north side property line, with a
sidewalk located at this property line. Staff believes the applicant should re-
evaluate the proposed project and consider an overall addition with some setback
from the north side property line and a parking pad in the front yard area, between
N. Fillmore Street and the front of the house.
D. Staff Recommendation:
Staff recommends denial of the proposed project with variances, as filed.
BOARD OF ADJUSTMENT: (May 20, 2013)
Phil Plyler and Tammy Miller were present, representing the application. There were no
objectors present. Staff presented the application with a recommendation of denial.
Phil Plyler addressed the Board in support of the application. He explained the proposed
addition. He discussed the "Z" Street right-of-way and the proposed use of the right-of-way.
The issue was discussed further.
Vice -Chair Smith asked about the future plans for the "Z" Street right-of-way. Nathan
Charles, of Public Works, explained that the right-of-way would be used for a future drainage
project. The issue of utilizing the right-of-way for a future access driveway to the accessory
building was discussed. Mr. Plyler made additional comments in support of the application.
Vice -Chair Smith explained that he could not support the side setback variance. Brad
Wingfield stated that he would not oppose Public Works.
There was a motion to approve the application subject to all staff comments except that of
denial. The vote was 0 ayes, 4 nays, and 1 absent. The application was denied.
7
April 23, 2013 _ /
�y P's's)
To Whom It May Concern:
Request:
We are requesting a side setback variance for our home at 2720 North Fillmore Street, Little Rock,
Arkansas 72207. We have been working to find a way to remodel and expand this 1200 square foot
home (30 -foot wide by 40 -foot deep). It is situated on a 45 -foot wide by 140 -foot deep lot which is
adjacent to a section of Z Street that was never completed between North Fillmore and North Pierce
Streets. We are requesting a variance to allow us to increase the size of our home up to the north
property line with zero setbacks instead of the normal 4 %Z -foot setback that applies now. The planned
addition will be within all other existing setback requirements and will bring the total square footage of
the house from 1200 square feet to between 1800 and 2400 square feet, most if not all of which will be
on one level. The requested setback is shown on the included recent survey.
Background:
We assume this portion of Z Street was never completed because of a storm drainage ditch / creek that
runs west to east between the homes at 2721 and 2801 N Pierce Streets and then turns south between
our property and 2721 N Pierce Street. The portion of unpaved Z Street adjacent to our property has no
ditches or creeks. It has a steady slope of over 10% north to south and over 2 % % east to west (front to
back).
Since purchasing the property in August 2003, we have had plans for improving the property with an
addition. During that time, we have performed 100% of all upkeep performed on the unimproved
portion of Z Street adjacent to our property and have also been putting up with a steady flow of sand,
dirt and gravel from that portion of Z Street onto our patio and into our garage every time we have had
any significant rainfall. We eventually built a small deck over our patio just so we could enter our side
door without stepping into mud. Any addition we add to the north side would allow us, at our own
expense, to correct the drainage problems by redirecting the water flow north of our home and into the
same storm drainage as now.
After a 6 -inch gas main that spanned west to east along Z Street was abandoned late last year by
Centerpoint Energy, we had in hand approvals from all utilities and in February of this year, we, along
with the three other adjacent property owners, filed for abandonment of that section of unimproved Z
Street. Three days prior to the meeting date, we were told by the Planning Department that the Public
Works Department would not allow the abandonment, due to potential, but not planned, drainage
improvements. We were told to not bother with an appeal as their decisions could not be appealed. We
can understand improvements taking place where the existing storm drainage ditch runs. But since
there are no ditches on the portion of Z Street adjacent to our property and this portion lies at a higher
elevation than the storm drainage ditches behind us, we can conceive of no potential drainage
improvements north of our home that Public Works could possibly make that would benefit the public
or any other property owners other than us. And these are the improvements we are willing to perform
at our own expense.
Summary:
Because abandonment of the unimproved portion of Z Street is no longer an option, we are unable to
use our original plans for expansion for our home. We are seeking t he aforementioned variance of
setback requirements to zero on our north property line instead of the current 4 %-foot setback in effect
now. At this point we are awaiting approval of the variance request before we complete the necessary
plans to move forward with the remodel. If you have any questions, we can be reached at
researcharkansas@sbcglobal.net
Thank you for your consideration of this request.
Best regards,
Tammy Miller and Phil Plyler
2720 North Fillmore Street
Little Rock, AR 72207
May 20, 2013
There being no further business before the Board, the meeting was adjourned at 2:59 p.m.
Secre ry