boa_12 16 2013LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
DECEMBER 16, 2013
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 November 25, 2013 meeting were
approved.
Members Present:
Members Absent:
Jeff Yates, Chairman
Scott Smith, Vice Chairman
Rajesh Mehta
Robert Winchester
Brad Wingfield
City Attorney Present: Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
DECEMBER 16, 2013
2:00 P.M.
OLD BUSINESS:
A. Z-8897 10 Pine View Place
II. NEW BUSINESS:
Z -4280-A 1525 Merrill Drive
DECEMBER 16, 2013
ITEM NO.: A
File No.: Z-8897
Owner/Applicant: Brady and Danielle Davis
Address: 10 Pine View Place
Description: Lots 6-8, Woodland Farm Estates Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-254 to
allow a new residence with a reduced rear setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Undeveloped Lots
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The R-2 zoned property at 10 Pine View Place is comprised of three (3) platted
single family lots (Lots 6-8, Woodland Farm Estates). The lots are currently
undeveloped and partially tree covered. There is a retaining wall (approximately
12 foot tall) along the front (south) property line which was constructed when the
street was constructed. The property slopes upward from front to back, to a rock
outcropping near the center of the lots. The property then slopes downward to the
rear property line. The slope in the rear is less severe than the slope in the front.
There is a 20 foot wide utility easement which runs along the rear property line of
the lots and eight (8) foot easements which run along the dividing side property
lines. The lots contain a 25 foot platted front building line.
The applicant proposes to construct a new two-story residence on the property, as
noted on the attached site plan. Almost the entire residence will be constructed
within Lot 7, with a small portion of the garage extending onto Lot 6. Because of
the slope and rock outcropping, the house is proposed to be located in the rear
(north) half of the property. A rear setback ranging from seven (7) feet to 22.5 feet
is proposed. A proposed driveway will extend from Pine View Place along the side
and rear property line of Lot 6. A portion of the proposed house will be located
within the 20 foot utility easement at the rear of Lot 7 and the eight (8) foot
easements between Lots 7 and 6. The applicant has noted that if this application
is approved, he will file a separate application to abandon these portions of the
easements.
DECEMBER 16, 2013
ITEM NO.: A (CON'T.)
Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear
setback of 25 feet for this R-2 zoned property. Therefore, the applicant is
requesting a variance to allow the new residence with a reduced rear setback.
Staff is supportive of the requested variance. Staff views the request as
reasonable. The slope and rock outcropping(s) within the front half to two-thirds of
the property make construction very difficult. The applicant has identified the area
of the property with the least severe slope to locate the new residence. The
property backs up to a rather wide platted green space/open space. The green
space/open space is approximately 130 feet to 150 feet wide. Therefore, the
proposed house will not back up to another single family lot. Staff's support is
based on the applicant following-up with a request to abandon the portions of the
easements the proposed house encroaches into. Otherwise, staff believes the
proposed reduced setback will have no adverse impact on the adjacent properties
or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested setback variance, subject to the
easements which the proposed structure encroaches upon being abandoned or
partially abandoned.
BOARD OF ADJUSTMENT
(November 25, 2013)
Staff informed the Board that the application needed to be deferred to the December 16,
2013 agenda based on the fact that the applicant did not complete the required
notifications to surrounding property owners. All signatures from surrounding property
owners were obtained late.
The item was placed on the Consent Agenda for deferral to the December 16, 2013
agenda as recommended by staff. The vote was 5 ayes, 0 nays and 0 absent. The
application was deferred.
BOARD OF ADJUSTMENT
(December 16, 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.
Dear Board Member,
Thank you for considering our request. We would like to reduce the rear building setback line on lots
6&7 to 7' or 5'. This lot while having beautiful views and trees has several significant topographical
challenges to building as well as a major natural feature that we would like to retain. This lot, which is
actually comprised of 3 lots (8,10,12 pineview cove), has three very difficult features which make us
have to request this variance. First, there is a 12 —16' retaining wall which runs completely in front of
each lot along the street except for 10' at either end. This is because the front slope of each lot is
extremely steep and virtually unbuildable. The front slope rises up to a crest on each lot. This crest is
formed by a solid rock ridge that runs almost the length of the three lots. The ridge is 20'-25' in width.
The rear slope of the lot is more gentle and allows for construction. Originally, we thought the lot lines
were much farther behind the rock ridge, but upon survey, found we were mistaken. There is a large,
treed buffer behind the area where we have requested the setback reduction. We believe this to be a
green belt platted by the original developer of the area. Because of this buffer, we feel there would be
little to no effect on neighboring property owners. I encourage you to go look at this site. Thank you for
your consideration.
Thank You
Brady & Danielle Davis
DECEMBER 16, 2013
ITEM NO.: 1
File No.: Z -4280-A
Owner: Independent Case Management, Inc.
Applicant: Russ Fason, WER Architects
Address: 1525 Merrill Drive
Description: Lot 13R, Being a replat of Lots 13A and 14A, Charles Valley Subdivision
Zoned: C-3
Variance Requested: A variance is requested from the area provisions of Section 36-301 to
allow a balcony addition with a reduced rear setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Commercial -Retail and Offices
Proposed Use of Property: Commercial -Retail and Offices
STAFF REPORT
111
Public Works Issues:
No Comments.
Landscape and Buffer Issues:
1. All landscaping materials and plants should be in good condition. Repair and
replace all damaged or missing landscaping plants and materials.
C. 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.
DECEMBER 16, 2013
ITEM NO.: 1 (CON'T.)
D. Staff Analysis:
The C-3 zoned property at 1525 Merrill Drive is occupied by a two-story
commercial building. The property is located on the east side of Merrill Drive, just
south of Arcade Drive. Paved parking is located on the south and west sides of
the building. Access drives are located at the northwest and southwest corners of
the property. The drive at the southwest corner is a shared drive which also
serves a large commercial development located south and east of the subject
property.
The applicant proposes to construct a second floor balcony on the rear (east side)
of the building, as noted on the attached site plan. The proposed balcony will be
ten (10) feet by 54 feet. The balcony will be located four (4) feet back from the rear
(east) property line. It will be uncovered and unenclosed on its north, south and
east sides.
Section 36-301(e)(3) of the City's Zoning Ordinance requires a minimum rear
setback of 25 feet for C-3 zoned property. Therefore, the applicant is requesting a
variance from this ordinance standard to allow the proposed open-air balcony with
a reduced rear setback.
Staff is supportive of the requested rear setback variance. Staff views the request
as reasonable. The existing building is located 14 feet from the rear property line.
The subject property backs up to a very large commercial development. The
proposed balcony will face a paved parking area and a large two-story brick wall
on the adjacent property. The property functions as an out parcel to the overall
commercial development to the east, with shared drives and parking. The open air
balcony represents a very minimal addition to the overall commercial
developments. Staff believes the proposed uncovered, unenclosed balcony
addition with reduced rear setback will have no adverse impact on the adjacent
properties or the general area.
E. Staff Recommendation:
Staff recommends approval of the requested rear setback variance, subject to the
following conditions:
1. The balcony addition must remain uncovered and unenclosed on its north,
south and east sides.
2. Compliance with the Landscape and Buffer requirement as noted in
paragraph B. of the staff report.
3. Compliance with the Building Code requirements as noted in paragraph C.
of the staff report.
DECEMBER 16, 2013
ITEM NO.: 1 (CON'T.)
BOARD OF ADJUSTMENT (December 16, 2013)
Russ Fason was present, representing the application. There was one (1) person present
with questions. Staff presented the application with a recommendation of approval.
Russ Fason addressed the Board in support of the application. He briefly explained the
balcony project.
Lynne Compton addressed the Board, asking what type of business would occupy the
building and use the balcony. Chairman Yates explained that the Board was charged with
reviewing the rear setback variance and not the use of the building. He noted that the
property was zoned C-3 and could be used for any of the permitted C-3 uses.
Vice -Chairman Smith asked about the use of the balcony. Mr. Fason noted that it would be
an outdoor use area (break area, lunch area, etc.) for the office use which will occupy the
building.
There was a motion to approve the application, as recommended by staff. The vote was 4
ayes, 0 nays and 1 absent. The application was approved.
WITSELL EVANS RASCO
901 West Third Street
Little Rock, Arkansas 72201
Phone 501-374-5300
Fax 501-374-5247
WERarch.com
November 18, 2013
Department of Planning and Development
723 West Markham
Little Rock, AR 72201
RE: Variance Request for 1525 Merrill Drive
Independent Case Management (ICM) bought the property at 1525
Merrill Drive in October of 2013 and is undertaking renovating the
property to bring the building up to code and provide usable space for
their business. The building is an outparcel to the Market Street Plaza
Shopping Center. At some point in the past the lot was replatted to the
current configuration. This replat did not take into account the required
25 foot building setback for the rear of the property. The current
building sits 14 feet from the rear (east) property line as shown on the
survey making for an unusual lot configuration in relation to the C3
zoning requirements. The owner would like to build an open air
balcony on the back (east) of their building to provide an outdoor
space for the offices that will be located on the second floor of the
property. The east side of the property is adjacent to a parking lot and
a two story brick wall of the Market Street Cinema movie theater with
no windows or other openings. The new open air balcony would be
painted steel columns and painted steel handrails to match the feel of
the overall shopping center. The balcony would be approximately 54
feet long and extend 10 feet out from the building. This would leave
four feet to the current property line. It is our belief that with the
program of the shopping center and that the balcony abuts a parking
lot and a blank movie theater fagade that this addition would not be
adverse to any of the surrounding properties, nor have an impact on
any of the adjacent properties use or values. The owner is seeking a
variance to build this open air balcony within the rear setback.
Respectfully Yours,
WER Architects/Planners
Russell Fason, Al LEED AP
A# -
CC: Cindy Alberding, ICM
Melissa Boyle, ICM
DECEMBER 16, 2013
There being no further business before the Board, the meeting was adjourned at 2:12 p.m.