Loading...
boa_09 24 2012LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES SEPTEMBER 24, 2012 2:00 P.M. Roll Call and Finding of a Quorum A Quorum was present being five (5) in number. II. Approval of the Minutes of the Previous Meetings The Minutes of the August 27, 2012 meeting were approved as mailed by unanimous vote. III. Members Present: Jeff Yates, Chairman Scott Smith, Vice Chairman Rajesh Mehta Robert Winchester Brad Wingfield Members Absent: None City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA SEPTEMBER 24, 2012 2:00 P.M. OLD BUSINESS: No Old Business NEW BUSINESS: 1. Z -3660-E NW Corner of 1-30 and Otter Creek Road 2. Z -7693-A 9201 Cynthia Drive 3. Z-8802 817 Shea Drive 4. Z-8803 3018 N. Grant Street 5. Z-8804 26 Glasgow Court SEPTEMBER 24, 2012 WITIrk, File No.: Z -3660-E Owner: Otter Creek Land Company Applicant: Pat McGetrick Address: Northwest Corner of Interstate 30 and Otter Creek Road Zoned: C-4 Variance Requested: A variance is requested from the height provisions of Section 36- 302 to allow construction of a building with increased height. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Retail Commercial Development STAFF REPORT A. Public Works Issues: No Comment. B. Staff Analysis: The C-4 zoned property located at the northwest corner of Interstate 30 and Otter Creek Road is currently undeveloped and tree covered. A pond is located within the west portion of the property. The property contains 26.89 acres, with over 600 linear feet of street frontage along Interstate 30. Otter Creek Road is located to the south of the property, with a new road (Natural Parkway) at the southwest corner of the property. This road will run along the west boundary of the property in the future. The applicant is proposing a new commercial development, Bass Pro Outdoor World, for the property. The proposed building location will be within the east half of the property, as noted on the attached preliminary site plan. Parking, drives, boat storage/display and other amenities will be located on the site. The main overall portion of the proposed building will have a height ranging from 28 to just under 32 feet. The raised ceiling/roof area down the center of the building will have a height of 42'-11 ". There will be architectural features with raised roof area at the north and south ends of the building. These features will have building heights of 564" and 35'-5'/2" respectively. SEPTEMBER 24, 2012 ITEM NO.: 1 (CON'T.) Section 36-302(d) of the City's Zoning Ordinance allows a maximum building height of 35 feet for structures in C-4 zoning. Therefore, the applicant is requesting a variance from this ordinance standard to allow the proposed building with increased height. Staff is supportive of the requested variances. Staff views the request as reasonable. The portions of the building with heights exceeding 35 feet represent a very small portion of the overall building footprint. The vast majority of the building will be under 32 feet in height. Additionally, the building will be part of a large acreage development. The building will be located over 190 feet away from any property line, and over 330 feet back from the front (1-30) property line. Staff believes the proposed commercial development with increased building height will have no adverse impact on the surrounding properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested building height variance, as filed. BOARD OF ADJUSTMENT: (September 24, 2012) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval, as filed. The item was placed on the Consent Agenda and approved, as recommended by staff with a vote of 5 ayes, 0 nays and 0 absent. _76EMICK#McOEM ENGINEERS - PLANNERS - SURVEYORS August 21, 2012 Mr. Monte Moore Zoning Administrator Department of Planning and Development 723 West Markham Street Little Rock, AR 72201 Re: Height Variance Request Bass Pro Shop — Gateway Town Center Dear Mr. Moore: We are herewith requesting a variance to allow the proposed building to exceed the height requirements for C-4 Development. The typical Bass Pro Building has varying heights due to the different configuration of the roof line. These are shown on the attached drawing. The building itself is approximately 330 feet from Interstate 30, 230 feet to the adjacent property to the north and 190 feet to the proposed roadway on the south. This height variance should not be a detriment in any way to the adjoining properties. If you have any questions, please feel free to contact us. Sincerely, McGetrick & McGetrick 'X� , � oe4��� Patrick M. McGetrick, P.E. P.O. Box 50441 LlWe Kock, Arkansas 72260 501-455-8899 fax 501-455-0525 SEPTEMBER 24, 2012 ITEM NO.: 2 File No.: Z -7693-A Owner: Estate of Melissa Kaye Wedgeworth Applicant: Lisa Riahi, Habitat for Humanity of Pulaski County Address: 9201 Cynthia Drive Description: Lot 40, Clover Hill Place 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 construction of a new single family residence with a reduced rear setback and which crosses a side platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Lot Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comment. B. Staff Analysis: The R-2 zoned lot at 9201 Cynthia Drive is currently vacant. The property is at the southwest corner of Cynthia Drive and Nebling Road. A house which previously existed on the site was recently removed because of storm damage. The lot is platted front -to -back from east to west. There is a 25 foot platted building line along the front (east) property line and the north, street side, property line. The applicant proposes to construct a new one-story residence on the property, as noted on the attached site plan. The proposed residence will be located 27 feet to 35 feet back from the front (east) property line, 12 feet to 23 feet back from the rear (west) property line, 16.7 feet to 31.5 feet back from the south side property line and 15 feet to 19 feet back from the north, street side, property line. The main body of the house will cross the platted street side property line by six (6) feet, with the four (4) foot wide porch crossing the platted building line by 10 feet. A one -car SEPTEMBER 24, 2012 ITEM NO.: 2 (CON'T.) wide driveway at the northwest corner of the lot will serve a carport located on the west end of the proposed house. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear 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. Therefore, the applicant is requesting variances from these ordinance standards to allow the new residence with a reduced rear setback and which crosses a side platted building line. Staff is supportive of the requested variances. Staff views the request as reasonable. The existing single family residential lot has an irregular shape, being 56 feet wide at its west end and approximately 75 feet wide at the east end. A radial dedication of right-of-way is shown on the survey at the lot's northeast corner. The lot ranges in depth from 113.6 feet to approximately 120 feet. The irregular lot shape along with the 25 foot front and street side building lines vastly decreases the amount of buildable area on the lot. The applicant proposes to pull the proposed house toward the north property line in order to maximize the side/rear yard space. Additionally, the slight curvature of Cynthia Drive will help keep the proposed front setback from appearing out of alignment with the other houses to the west along Cynthia Drive. Staff believes the proposed house with reduced rear setback and which crosses a platted side building line will have no adverse impact on the adjacent properties or 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 side building line for the new 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. 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 side platted building line as approved by the Board. 2. The porch on the north side of the residence must remain unenclosed on its north, east and west sides. BOARD OF ADJUSTMENT: (September 24, 2012) Lisa Riahi and Kelley Melhorn were present, representing the application. There were two (2) persons present with concerns. Staff presented the application with a recommendation of approval. Kelley Melhorn and Lisa Riahi addressed the Board in support of the application. They briefly explained the project. SEPTEMBER 24, 2012 ITEM NO.: 2 (CON'T.) Ruth Turner addressed the Board with concerns. She explained that the previous owners of the property had no problem with a small rear yard area. Mollie Irvin also addressed the Board with concerns. She expressed concerns with the exterior design and overall size of the proposed house. Kelley Melhorn explained that the proposed house will be a three (3) bedroom design. Lisa Riahi noted that home's exterior will be vinyl siding. She explained that other homes in this neighborhood did not have brick exteriors. Vice -Chairman Smith discussed the proposed encroachment across the side platted building line. He asked what it was about the property that required the encroachment. He asked how the proposed placement of the house was determined. Lisa Riahi explained that the construction manager for Habitat for Humanity determined the placement in order to have a larger rear yard area. There was a brief discussion between Vice -Chairman Smith and staff as to whether the proposed house would fit on the lot and not need a variance. Staff noted that the house would fit on the lot and not need a variance if the porch on the north side were eliminated. This issue was discussed further. There was also discussion regarding replating requirements for the property. Vice -Chairman Smith made additional comments regarding the building line encroachment. Brad Wingfield asked about amending the application to move the house back an additional six (6) feet from the north property line. Staff explained that the applicant would have to amend the application. Robert Winchester commented on the applicant's desire to have a larger rear yard area. Ms. Irvin and Ms. Turner made additional comments regarding the proposed house and the size of the house which previously existed on the site. There was additional discussion regarding the proposal. The applicant's options in proceeding forward were briefly discussed. Kelley Melhorn noted that she would like to have a vote on the application. There was a motion to approve the application, as recommended by staff. The motion passed by a vote of 4 ayes, 1 nay and 0 absent. The application was approved. Habitat for Humanity' of Pulaski County -T4-,-4 2- Help build it! Habitat for Humanity of Pulaski County (Habitat) is requesting a variance on 9201 Cynthia Drive to build a home on this lot. Due to the size of the lot, Habitat needs the variance to allow a 15 foot setback on the North (Cynthia street) and a rear setback of 12 feet at the rear corner of the carport. As you can see on the Survey this lot is an odd shaped corner lot. Habitat house plans can only fit on this lot if the variance is approved. This will provide a small backyard for the approved family waiting on a home to be built. PO Box 1326, Little Rock, AR 72203 Phone: (501) 376-4434 Fax: (501) 280-3250 www.habitatpulaski.org SEPTEMBER 24, 2012 ITEM NO.: 3 File No.: Z-8802 Owner: Bent Oaks Trust Applicant: Jason Matthew Murski Address: 817 Shea Drive Description: Lot 6, Leawood Cove Addition Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36- 516 to allow construction of 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: No Comments B. Staff Analysis: The R-2 zoned property located at 817 Shea Drive is occupied by a one-story brick and frame single family residence. There is a two -car wide driveway from Shea Drive at the northeast corner of the property. A new six (6) foot high wood fence has been constructed along a portion of the north and south side property lines within the rear yard area. The applicant proposes to continue the fence along both side property lines, transitioning to a height of eight (8) feet at both rear property corners. An eight (8) foot high wood fence is also proposed along the rear (west) property line, as noted on the attached site plan. Section 36-516(e)(1)(a) of the City's Zoning Ordinance allows a maximum fence height of six (6) feet for fences in residential zoning. Therefore, the applicant is requesting a variance to allow the eight (8) foot high fencing as proposed. SEPTEMBER 24, 2012 ITEM NO.: 3 (CON'T.) Staff is supportive of the requested variance. Staff views the request as reasonable. The property backs up to a large open drainage ditch and open area for storm water detention. Additionally, the property immediately to the west has non -single family zoning. The property immediately to the west is zoned 0-3. Eight (8) foot high fencing would be allowed by right on the 0-3 side of the dividing rear property line. Staff believes the proposed eight (8) foot high fencing will have no adverse impact on the adjacent property or the general area. C. Staff Recommendation: Staff recommends approval of the requested fence height variance, subject to a permit being obtained for the fence construction. BOARD OF ADJUSTMENT: (September 24, 2012) The applicant was present. There were no 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 5 ayes, 0 nays and 0 absent. August 26, 2012 4 , 43 The Department of Planning and Development -2 _ 996) 2, 723 West Markham Little Rock, AR 72201 Re: Request for Variance To Whom It May Concern: I am respectfully requesting a variance to exceed the six foot privacy fence ordinance imposed by the city of Little Rock for my personal residence at 817 Shea Dr. to that of eight feet. My reason(s) for requesting said variance are as follows. Reason I: The effectiveness of a six foot fence is compromised due to the slope of the land. Reason ll Just beyond the property line lays a natural water shed, commonly referred to as Grassy Flat Creek. Along this creek and at all hours of the day, there is daily pedestrian traffic. Based on the fact that my residence was burglarized on April 5, 2012,1 believe that an eight foot privacy fence will provide a more effective level of security. Sincerely, Matt Murski SEPTEMBER 24, 2012 ITEM NO.: 4 File No.: Z-8803 Owner: James and Amy Lasley Applicant: Carolyn Lindsey Address: 3018 N. Grant Street Description: Lot 10 and part of Lot 11, Block 5, Park View Addition Zoned: R-3 Variance Requested: A variance is requested from the area provisions of Section 36-255 to allow a carport addition with reduced front setback. 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: No Comments B. Staff Analysis: The R-3 zoned property at 3018 N. Grant Street is occupied by a one-story brick and frame single family residence. The property is located on the west side of N. Grant Street, between Scenic Drive and Grandview Street. There is a one -car wide driveway from N. Grant Street at the northeast corner of the lot. The applicant proposes to make several additions to the existing house, as noted on the attached site plan. The additions include a partial second floor addition, front and rear porch additions, a rear building addition and a carport addition. The two -car wide carport addition is proposed at the northeast corner of the residence. The proposed carport will be located 16 feet back from the front (east) property line and five (5) feet back from the north side property line. It will be unenclosed on its north, south and east sides. A new circular driveway is proposed in conjunction with the carport construction. Section 36-255(d)(1) of the City's Zoning Ordinance requires a minimum 25 foot front building setback. Therefore, the applicant is requesting a variance from this ordinance standard to allow the carport addition with a 16 foot front setback. SEPTEMBER 24, 2012 ITEM NO.: 4 (CON'T.) All other proposed setbacks for the carport and other additions comply with ordinance requirements. Staff is supportive of the requested reduced front setback for the carport structure. Staff views the request as reasonable. The carport will be an unenclosed structure, open on its north, south and east sides. This will lessen any possible visual impact the addition may have. There is an existing detached carport structure located over a portion of the driveway on the property immediately to the north (photo included with applicant's cover letter). This existing carport structure is located approximately eight (8) feet closer to the N. Grant Street right-of-way than the proposed carport. In 1999 the Board of Adjustment approved reduced setbacks for this existing carport. Additionally, the subject property is located one (1) lot in from the terminus of N. Grant Street into Scenic Drive. If N. Grant Street continued to the north the proposed reduced front setback might seem more apparent. But in this case, the proposed carport addition should blend in with the surrounding properties. Staff believes the proposed carport addition 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 compliance with the following conditions: 1. The carport addition must remain unenclosed on its north, south and east sides. 2. The carport addition must be constructed to match the existing residence. 3. Building permits must be obtained for all additions BOARD OF ADJUSTMENT: (September 24, 2012) Carolyn Lindsey was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of approval. Carolyn Lindsey addressed the Board in support of the application. She explained that the existing house had a very small one (1) car wide garage that could not be used because of its narrow width. She explained the proposed carport addition. Vice -Chairman Smith asked what about the property required the front encroachment. Ms. Lindsey explained that a carport or garage could not be constructed in the rear yard area because there was no vehicular access to the rear yard. There was a brief discussion as to the location of the proposed carport and if the existing garage could be removed from the house. Ms. Lindsey further explained the requested carport addition. Chairman Yates asked about the existing garage space. Ms. Lindsey noted that it would be converted to interior living space. There was motion to approve the application as recommended by staff. The motion passed by a vote of 4 ayes, 1 nay and 0 absent. The application was approved. \ 1 Yeary Lindsey Architects - 2 - e,?03 Mr. Monte Moore August 27, 2012 Department of Neighborhoods and Planning (2- 723 West Markham Little Rock, AR 72201 RE: Zoning Variance Application for 3018 N. Grant Dear Monte, We are requesting a zoning variance at 3018 N. Grant to allow an encroachment of 9' into the 25' front yard setback and to allow for the reduction of the required 7.5' north side yard setback to 5.1', as it exists currently for the house, with the purpose of constructing a one-story two -car carport addition. This would reduce the front setback to 16' at the carport. We are also adding covered front and rear porches, a 550 square foot addition for a mother-in-law's quarters to the rear and a 620 square foot second floor addition over the center third of the house as part of the complete makeover that will bring this neglected eyesore up to date. As this house was scheduled for demolition the week we made an offer on it, we see this as a truly "sustainable" project eliminating a large quantity of landfill waste. The house will have new aluminum clad wood energy efficient windows and HVAC, new up to code wiring and plumbing, but will retain the existing exterior walls, flooring and partial roof structure. We will paint the brick and the Hardie Shingle siding, which will cover all new construction. When complete the house will be approx. 2900 square feet, not overwhelming the neighboring houses in scale. The attached carport addition will be constructed of square perma-cast columns with a Hardie Shingle faced gabled roof toward the east with gutters and downspouts along the north and south side. The covered front and rear porches, constructed also of perms -cast square columns are being added to provide needed protection from the sun to the west and from the elements at the front door to the east. While there is an existing 10' wide garage in the house, we needed to be able to assist my mother in getting in and out of the car under cover and not only could we not accomplish that in such tight quarters, but she then would be required to go up a flight of about 5 steps. Asking for a side yard variance to widen the garage would only solve half of the problem. We felt the carport provided a better solution, since we could then provide a concrete ramp from the carport to the front porch along the natural slope of the front yard solving for both covered parking and handicapped accessibility in a very integrated manner. It might also be noted that the house to our immediate right, 5901 Scenic Dr., has a detached carport in their eastern side yard which is approximately 11'-6" from the property line. The front face of the columns on our proposed carport would be 16" -On from this same property line. We feel the addition of the carport to the front of the house is in keeping with the existing density of the neighborhood. The location of the carport to the northern end of the 75' foot wide lot makes it unobtrusive to our southern neighbor and due to the fact that our northern neighbor's side yard, not front yard, its on N. Grant the location is unobtrusive to them as well. Thank you for your time and consideration. Sincerely, Cao nsey, A A A'Y 3416 Old Cantrell Road Little Rock, Arkansas 72202 501-372-5940 Fax: 501-663-0043 • � 3 '` MMMid . r e '�. t k / k"� � yY'3F ? '• ice: yw x- . • ^ �J' �� � r ESS hc*�t �*',g l } �$ $ lx r _ +,. c,.fi&yJx C.. i rr• "'/ r �arg y�s tdM IS a- `zN:M �k �9 ta r ®r, S, H h '3 lnd r JM t t s i s£ �v yLIS- a Yy�i+'""ru `z; n17A 5"'".m __",zr� y a rt t i.F^:.�'R,,+y ''� •S; 'r�3" .. .tX ,, .: Z w auwt r s. IWKI t 174' �. �,.•'o- k 1� �� � �� � - t � .x def „�" •z y`�' SEPTEMBER 24, 2012 ITEM NO.: 5 File No.: Z-8804 Owner: Kuhn Construction Applicant: Mike Kuhn Address: 26 Glasgow Court Description: Lot 12, Block 21, The Villages of Welllington Zoned: R-3 Variance Requested: A variance is requested from the area provisions of Section 36-255 to allow a building addition with reduced rear setback. 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: No Comment. B. Staff Analysis: The R-2 zoned property at 26 Glasgow Court is occupied by a one-story brick single family residence. The property is located on the west side of Glasgow Court, which runs south from Wellington Village Road. A two -car wide driveway from Glasgow Court is located at the northeast corner of the lot. A side loading garage is located at the front, southwest corner, of the residence. The applicant recently completed a 10.6 foot by 23 foot addition to the southwest corner of the residence, as noted on the attached site plan. The addition is one (1) story in height and was constructed to enlarge the home's master bedroom area. The addition is located 5.1 feet from the south side property line and 21.6 feet from the rear (west) property line. Section 36-255(d)(3) of the City's Zoning Ordinance requires a minimum rear building setback of 25 feet for this R-3 zoned lot. Therefore, the applicant is requesting a variance to allow a reduced rear setback of 21.6 feet for the recent addition. SEPTEMBER 24, 2012 ITEM NO.: 5 (CON'T.) Staff is supportive of the requested setback variance. Staff views the request as reasonable. The proposed addition is not out of character with other properties in this subdivision. There have been other reduced rear yard setbacks allowed within The Villages of Wellington Addition. The requested rear setback represents a very minor encroachment. The proposed setback is within 0.9 foot of being able to be signed -off on by staff. The ordinance allows staff to administratively approve rear setbacks to 22.5 feet. Staff believes the requested reduced rear setback for the addition 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 a building permit being obtained for the construction. BOARD OF ADJUSTMENT: (September 24, 2012) Staff informed the Board that the application needed to be deferred to the October 29, 2012 agenda based on the fact that the applicant failed to complete the required notifications to surrounding property owners. The item was placed on the Consent Agenda and deferred to the October 29, 2012 agenda with avote of 5 ayes, 0 nays and 0 absent. To the Board of Adjustments, I live at 26 Glasgow and buying the house from my brother Todd Kuhn and recently added a closet off the master bedroom of 144f ome. In doing so I failed to pay attention to what my guy's had done when they laid the addition out and we ended up going beyond the 25' rear setback. I'm asking that you grant me a variance of the overage, if not I will be out allot of money to correct the problem. I will have to tear it al n and start over. I do know the home located two houses down from me located a 32 Glasgow as granted a variance sometime back and has a rear setback less than 20'. Thank you for you consideration. Thanks, Mike Kuhn 26 Glasgow Ct Little Rock, AR 72211 PHONE (501)519-4896 E-MAIL Michaelfkuhn@hotmail.com Nil 4.1Q. - o©' 1 T!? C K- Z I cf'oiP �4 0 - �0 � ?,a- 3 �5 I r; ���'i G�RTI F'� THAT I H/sv�i �iU Rvl%i�(r✓D (� I � �i-COGS. �1 TH g% vi L. LACE " W �%I.I.I N CS �oN . AN ADt71-rI GIS! fo' TH I✓ G 1- C LI i El RoGK, AP KAI`l"5, `�- PRoP�R�'� I N AL60FZl2AN G6 1N I f H �-2H 5-D PRo P6FzT� L I N!'fj_ TH E,�Rb ARS I, -lo APPS. Z ON r IiN �X G O Fr A:�2 GiH ol^1 N . PRo Po��ID DI R�GT�D 13-( TH 6 PCU I No PoRtl GN o� TH )--2 I � K I TH I N -iH I-, i oo O U W w W F- 0 O H Z LU I -- Cl) D Q LL O Q O m 7 =-z ,n I m Q T- m LLJ w�C) w Q = L w w _ w ~ � z - z - H Q - � > September 24, 2012 There being no further business before the Board, the meeting was adjourned at 2:46 p.m. Date: d?� 2-