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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.