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boa_07 29 2013LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES JULY 29, 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 June 24, 2013 meeting were approved by unanimous vote. III. Members Present: Members Absent: Jeff Yates, Chairman Rajesh Mehta Robert Winchester Brad Wingfield Scott Smith, Vice Chairman City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA JULY 29, 2013 2:00 P.M. I. OLD BUSINESS: No Old Business II. NEW BUSINESS: Z-8874 5110 Nancy Court 2. Z-8875 2400 N. Fillmore Street 3. Z-8876 305 N. Shackleford Road JULY 29, 2013 ITEM NO.: 1 File No.: Z-8874 Owner/Applicant: Sidney Miller Address: 5110 Nancy Court Description: Lot 21, Westlawn #2 Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow steps with a reduced front setback and which cross a front platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single family residence under construction Proposed Use of Property: Single family residential STAFF REPORT A. Public Works Issues: No Comments. B. Landscape and Buffer Comments: The R-2 zoned property at 5110 Nancy Court is occupied by a two-story single family residence which is currently under construction. The property is located on the west side of Nancy Court, south of Nancy Place in the WestwoodMestern Hills neighborhood. A two -car wide driveway from Nancy Court will be located at the southeast corner of the lot. The driveway will access a garage at the southeast corner of the residence. The property slopes upward from front to back (east to west). The front door of the residence is approximately ten (10) feet above grade. The lot contains a 25 foot front platted building line. The applicant is proposing to construct steps from the front door in the front yard area, as noted on the attached site plan. The steps will extend seven (7) to ten (10) feet out from the front wall of the residence, and be located 17 to 20 feet back from the front property line. The steps will extend across the front platted building line by five (5) to eight (8) feet. The steps will be uncovered and unenclosed. 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 JULY 29, 2013 ITEM NO.: 1 (CON'T.) Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the front steps with a reduced front setback and to cross a front platted building line. Staff is supportive of the requested variances. Staff views the request as reasonable. The applicant has noted that the front door ended up at its current elevation due to the fact that the rocky terrain caused the finished floor of the residence to sit up higher than was originally anticipated, thus requiring more steps for access. The new house has been constructed at essentially the same footprint as a previous house which was located on the site and destroyed by fire. The footprint of new house is deeper than the original structure. The applicant was unable to cut into the rocky terrain for the rear portion. Therefore, it caused the foundation walls for the front portion of the house to be higher than anticipated. The front wall of the residence aligns with the two (2) residences immediately to the north. Staff believes the proposed step 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 steps. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested setback and building line variances, subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. 2. The portion of the steps which extends across the front platted building line must remain uncovered and unenclosed. BOARD OF ADJUSTMENT: (July 29, 2013) 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. REQUEST FOR RESIDENTIAL ZONING VARIANCE FOR 5110 NANCY CT. MILLER RESIDENCE: On February the 18th my residence at 5110 Nancy court burned and was declared a total loss. In March of this year on the 201h we began to rebuild the structure. The original structure was on pier and beam so the current structure is on the same foundation. The front entrance of the house was not supposed to be the height it was, but it ended up being higher than anticipated due to the rocky foundation of the land. The highness of the entrance requires more stairs and building them to code will land them into the set back of the front yard 7 to l Oft. I Sidney L. Miller the occupant of 5110 Nancy Court is asking for permission to build the stairs of the entrance 7 to 1 Oft of the set back of the survey. Thanks for your time and patience, Sidney L. Miller. JULY 29, 2013 ITEM NO.: 2 File No.: Z-8875 Owner: John Cloud Applicant: Joe White, White-Daters and Associates Address: 2400 N. Fillmore Street Description: Lot 7, Block 31, Park View Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-156 to allow an accessory garage structure which covers more than 30 percent of the required rear yard area. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped lot Proposed Use of Property: Single family residential STAFF REPORT 0 Public Works Issues: No Comments. Staff Analysis: The R-2 zoned lot at 2400 N. Fillmore Street is currently vacant. The property is located at the northwest corner of N. Fillmore and "V" Streets. A house which existed on the lot has been removed. The lot has a slight slope upward from front to back (east to west). The applicant proposes to construct a new single family residence on the lot, as noted on the attached site plan. The residence will be located in the center of the lot and will conform to all ordinance required building setbacks. The applicant also proposes to construct a 23 foot — 4 inch by 25 foot — 8 inch accessory garage structure in the rear yard area, near the northwest corner of the lot. The accessory structure will be one (1) story in height and will also conform to all ordinance required building setbacks. The accessory structure will occupy approximately 50 percent of the rear 25 feet of this 45 foot wide lot. A two -car wide driveway is proposed from "V" Street at the southwest corner of the lot. JULY 29, 2013 ITEM NO.: 2 (CON'T.) Section 36-156(a)(2)c. of the City's Zoning Ordinance allows accessory structures in residential zones to occupy up to 30 percent of a required rear yard (rear 25 feet of the lot). Therefore, the applicant is requesting a variance to allow the accessory structure to occupy approximately 50 percent of the lot. Staff is supportive of the requested variance. Staff views the request as reasonable. The residential lot has a relatively narrow width of 45 feet, with a smaller than normal required rear yard area. The proposed garage is a typical size to accommodate two (2) vehicles. The proposed garage will not be out of character with the general area. There are several other garage structures of similar size within this block and along "V" Street. Staff believes the proposed accessory garage structure with increased rear yard coverage will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested rear yard coverage variance, as filed. BOARD OF ADJUSTMENT: (July 29, 2013) 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 13 Little Rock, Arkansas 72223 Phone: 501-821-1667 ` www.whitedaters.com June 21, 2013 Mr. Dana Carney City of Little Rock Planning & Development 723 W. Markham Street Little Rock, AR 72201 Re: Lot 7, Block 31 Park View Addition 2400 N. Fillmore Street Residential Variance Dear Mr. Carney: -715 White-Daters & Associates, Inc. is requesting for our client John Cloud, a residential variance for the above noted property. Our client would like to build a detached garage at the rear of an existing home, attached by canopy. Dr. Cloud is requesting a variance to exceed the allowable 30% coverage on the rear setback. We have attached a survey of the lot showing the proposed garage and rear property line. Please place this zoning variance request on the next available agenda. Feel free to contact me at the number above if you have any questions. Thank you for your consideration. White, P. . CIVIL ENGINEERING - LAND PLANNING & DEVELOPMENT - SURVEYING JULY 29, 2013 ITEM NO.: 3 File No.: Z-8876 Owner: Arkansas Realty Development, LLC Applicant: Steve Branco, Square One Collaborative, Inc. Address: 305 N. Shackleford Road Description: Lot 2, Block 0, C. K. Powell Addition Zoned: C-3 Variance Requested: A variance is requested from the buffer provisions of Section 36-522 to allow expansion of an existing restaurant building with a reduced street buffer. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant restaurant building Proposed Use of Property: Restaurant STAFF REPORT 0 Public Works Issues: 1. The proposed driveway on the east side of the property will not be approved at time of building permit issuance. 2. A franchise permit is required for the private infrastructure located within the City's right-of-way along Shackleford Drive prior to the issuance of the building permit. Contact Bennie Nicolo at 501-371-4818 for details. Landscape and Buffer Comments: The zoning ordinance requires an average nine foot (9) wide street buffer along Shackleford Road; currently, this site plan does not meet this minimal ordinance requirement. The dumpster is currently located within the required nine foot (9) landscape perimeter; relocate if possible. All the property around the site's perimeters are of like zoning; therefore, land use buffer(s) are not required. JULY 29, 2013 ITEM NO.: 3 (CON'T.) The site plan is deficient regarding the Landscape Ordinance, Chapter 15 of the Code of Ordinances for the City of Little Rock. Additional variances will be required per the City Beautiful Commission prior to the issuance of a building permit. C. Staff Analysis: The C-3 zoned property at 305 N. Shackleford Road is occupied by a one-story restaurant building (733 square feet) which is currently vacant. Backyard Burgers restaurant previously occupied the building. The site is located on the east side of N. Shackleford Road at Beverly Hills Drive. A main entry drive for the overall commercial development, which includes Kroger and several other retail and restaurant uses, is located along the south property line. Two (2) driveways are located from the main entry drive to the subject property. Existing paved parking is located on the south and west sides of the building. There are existing drive-thru lanes on the north and south sides of the building. A fenced outdoor dining area is located on the south side of the south drive-thru lane. Existing landscaped areas are located along all property perimeters. The applicant is proposing to construct a 720 square foot building addition on the south side of the existing building, as noted on the attached site plan. Four (4) new parking spaces are proposed on the south side of the proposed building addition. These additions will eliminate the drive-thru lane on the south side of the existing building and the outdoor dining area. The drive-thru lane on the north side of the building will remain. The proposed building addition conforms with the ordinance requirements for setbacks and parking. However, due to the size of the building expansion, the ordinance requires that the site be brought into compliance with the landscape and buffer sections of the code. Section 36-522(b)(3)b of the City's Zoning Ordinance requires a minimum street buffer of nine (9) feet along the N. Shackleford Road frontage. The existing street buffer width ranges from 3.5 feet to approximately 23 feet. The area which is deficient is located within the south half of the street frontage. Therefore, the applicant is requesting a variance from this ordinance requirement to allow the portion of the street buffer with a reduced width. Staff is supportive of the requested variance. Staff views the request as reasonable. All of the perimeter landscape and buffer areas shown on the proposed site plan are existing. Many of these areas contain only sod or mulch and no plant materials. The applicant is proposing to re -plant all of these areas with new trees and shrubs which will conform to the landscape ordinance. Additionally, several new areas of interior landscaping will be provided with the redevelopment. All will be quality improvements to this existing restaurant site. As noted in paragraph A. of this report, Public Works does not support the new driveway along the east property line. Staff has spoken with the applicant, and the applicant has agreed to remove the proposed drive from the plan. Additionally, any variances from the Landscape Ordinance will need to be approved by the JULY 29, 2013 ITEM NO.: 3 (CON'T.) City Beautiful Commission. Otherwise, staff believes the proposed redevelopment plan for this property is a quality plan which will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested buffer variance, subject to compliance with the Public Works and Landscape/Buffer comments as noted in paragraphs A and B of the staff report. BOARD OF ADJUSTMENT: (July 29, 2013) 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 S uareone Collaborative Inc. -74 - e�-43 ARCHITECTURE DEVELOPMENT -z-�U-76 City of Little Rock 5" East 18"h Street Planning and Development suite 100 723 West Markham Kansas City, Little Rock, Arkansas 72201-1334 Missouri 64108 Telephone: 816-820-3769 Re: 305 North Shackleford Road facsimile: 913-642-2847 Chair and board members, Email: tom@squareone- The site currently has a small drive thru restaurant with an outdoor dining area, associated collaborative.com parking and some perimeter landscaping. The owner proposes to improve the site, the building and the existing trash enclosure. The site is very small and the existing building is too small. The owner proposes to add a small indoor dining area, accessible restrooms, an enlarged kitchen, additional parking, new masonry trash enclosure, site and building landscaping. The above listed items are required improvements to the building and site, in the owners judgment, for a successful restaurant. Convenient and adequate quantity of parking is a primary element of a successful restaurant and as such the proposed site plan meets the off street parking requirement. We request relief from the hardship of the below listed requirements given the very small building and lot size. Significant improvements to the building as a whole and the site as well are proposed which will result in a successful restaurant which will be a benefit to the local area and the city as whole. Street buffer ordinance requires a nine foot wide buffer along southern and western perimeter of the site. Given the small size of the lot we are unable to meet the off street parking requirement and a full nine foot buffer. The landscape ordinance requires a nine foot wide perimeter landscape strip around the entire site. Given the small size of the lot we are unable to meet the off street parking requirement and a full nine foot wide perimeter landscape strip around the entire site. The trash enclosure is currently located within the required nine foot wide perimeter landscape strip. The enclosure is currently located in the only proper location on the site given the existing structure, drive thru lane and small lot size. Respectively, Steve Branco m 0 6A z w m Q w Q z 0 w o0 �= m� � LU 00 zaofw -oma LL u' a�cU)wui WQ w uj X: t: Z_ Z_ w Q 1- 2 U)� ?- July 29, 2013 There being no further business before the Board, the meeting was adjourned at 2:03 p.m. Date: 02 Secretary