boa_11 26 2012LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
NOVEMBER 26, 2012
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 October 29, 2012 meeting were
approved as revised by unanimous vote.
III. 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
NOVEMBER 26, 2012
2:00 P.M.
OLD BUSINESS:
A.
Z-8811
1220 S. Washington Street
NEW BUSINESS:
1.
Z -7777-A
46 Edgehill Road
2.
Z-8813
5726 Stonewall Road
3.
Z-8818
2300 N. McKinley Street
4.
Z-8819
1704 N. Palm Street
5.
Z-8820
2107 N. Palm Street
6.
Z-8821
160 Hickory Creek Circle
NOVEMBER 26, 2012
ITEM NO.: A
File No.: Z-8811
Owner/Applicant: Clarence Barr
Address: 1220 S. Washington Street
Description: Lot 8, Block 6, Buhlers Ninth Addition
Zoned: R-3
Variance Requested: Variances are requested from the area provisions of Section 36-156
to allow a detached carport with reduced front setback and reduced separation from the
principal structure.
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 1220 S. Washington Street is occupied by a one-story
frame single family residence. The property is located on the west side of S.
Washington Street, south of W. 12th Street. There is a gravel driveway at the
northeast corner of the property.
The applicant recently placed a metal detached carport structure in the front yard
area, as noted on the attached site plan. The carport is 12 feet by 20 feet in area.
It is located six (6) feet to 15 feet back from the front (east) property line. The
carport is located approximately two (2) feet from the house. Side setbacks of over
nine (9) feet exist. The carport structure is unenclosed on all sides.
Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum front
setback of 60 feet for accessory (detached) structures. Section 36-156(a)(2)b.
requires that accessory buildings be separated from principal structures by at least
six (6) feet. Therefore, the applicant is requesting variances from these ordinance
standards to allow the detached carport structure with a reduced front setback and
reduced separation from the house.
NOVEMBER 26, 2012
ITEM NO.: A (CON'T.)
Staff does not support the requested variances. Staff believes the proposed
placement of the detached carport structure is not compatible/consistent with this
overall residential area. All of the residences along S. Washington street, from W.
12th Street to W. 16th Street, maintain a similar 25 foot front setback with no
apparent encroachments. This also holds true for other streets within this
neighborhood. The proposed front setback for the detached carport structure
represents a 90 percent encroachment into the required front setback. Staff
believes the detached carport structure has a negative visual impact on the
adjacent properties and the overall neighborhood.
C. Staff Recommendation:
Staff recommends denial of the requested variances associated with the proposed
detached carport structure.
BOARD OF ADJUSTMENT: (October 29, 2012)
The applicant was not present. Staff recommended deferral of the application to the
November 26, 2012 agenda.
A motion was made to defer the application to the November 26, 2012 agenda. The motion
passed by a vote of 5 ayes, 0 nays and 0 absent. The application was deferred.
BOARD OF ADJUSTMENT: (November 26, 2012)
Clarence Barr was present, representing the application. There were no objectors present.
Staff presented the application with a recommendation of denial.
Clarence Barr addressed the Board in support of the application. He explained that the
carport was placed on the site to protect his vehicle from the weather. He noted that he
acquired this property in 1976. Chairman Yates asked when the carport was placed on the
site. Mr. Barr noted that was placed on the property approximately two (2) years ago. The
reason for placing the carport in the front yard area was discussed.
Vice -Chair Smith discussed extending the driveway along the north side of the house to the
rear yard area, and moving the carport to the rear yard. Staff noted that the house was set
back from the north side property line approximately eight (8) feet. Vice -Chair Smith
indicated non-support for the variances. Chairman Yates concurred with Vice -Chair Smith.
There was motion to approve the requested variances. The motion failed by a vote of 0
ayes, 4 nays and 1 absent. The application was denied.
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CYNTHIA R. TOWNSEND
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kansas - Pulaski County
Public - Comm# 123
mission Expires Jul 25, 201
NOVEMBER 26, 2012
ITEM NO.: 1
File No.: Z -7777-A
Owner: Brian and Tiffany Reddick
Applicant: Ellen Yeary
Address: 46 Edgehill Road
Description: Lot 52, Edgehill Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-
156 to allow a covered patio area with reduced side setback and reduced setback from
secondary street frontage.
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. 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.
NOVEMBER 26, 2012
ITEM NO.: 1 (CON'T.)
C. Staff Analysis:
The R-2 zoned property at 46 Edgehill Road is occupied by a two-story frame
single family residence. There is a one -car wide driveway from Edgehill Road at
the southeast corner of the property. The residential lot backs up to Cantrell Road,
which runs along the rear (north) property line. An in -ground pool is located in the
rear yard area.
The applicant proposes to extend the masonry deck area around the pool toward
the north (rear) property line, and construct a trellis and pavilion roof over a portion
of the deck area. The proposed improvements are noted on an attached site plan.
The northeast corner of the new deck will be located approximately one (1) foot
from the east side property line. The deck will be located approximately 42 feet
from the rear (north) property line at its closest point. Because of the slight slope
in the rear yard area, the northeast corner of the new deck will be over one (1) foot
(12 to 30 inches) above grade. The northwest corner of the deck will be less than
one (1) foot above grade. The trellis portion of the new deck area will be located
three (3) feet back from the east side property line, with the pavilion roof covering
being 10 feet from the east side property line.
Section 36-156(a)(2)f. of the City's Zoning Ordinance requires a minimum side
setback of three (3) feet for accessory structures in residential zoning. Section 36-
156(a)(2)c. requires a minimum rear setback of 60 feet for accessory buildings on
lots with double street frontages (street frontage along both the front and rear
property lines). Therefore, the applicant is requesting a variance to allow a small
portion of the deck area to encroach into the required side setback, and the overall
deck area with a reduced rear setback.
Staff is supportive of the requested variances associated with the pool deck
structure with trellis and pavilion roof covering. Staff views the request as
reasonable. Only a very small area (approximately six (6) square feet) of the
proposed deck area will encroach into the required side setback. The proposed
deck area with trellis and pavilion roof structures will be located 42 to 63 feet back
from the rear (north) property line. This will not be out of character with the
neighborhood. Other accessory structures, including pools and carports, are
located closer than 60 feet from rear property line for lots which back up to Cantrell
Road. Staff believes the proposed construction will have no adverse impact on the
adjacent properties or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested setback variances, subject to
compliance with the Building Codes requirements as noted in paragraph B. of the
staff report.
NOVEMBER 26, 2012
ITEM NO.:_1 _ (CON'T.)
BOARD OF ADJUSTMENT: (November 26, 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 4 ayes, 0 nays and 1 absent.
Yeary Lindsey Architects
October 24, 2012
Monte Moore
Little Rock Board of Adjustments
Planning and Development
723 West Markham
Little Rock, AR 72201
Re: Reddick Residence
46 Edgehill Road
Little Rock, AR 72207
-2-7777-A
Dear Monte,
Please find attached our submittal to the Little Rock Board of Adjustments
requesting a zoning variance with regard to the property at 46 Edgehill Road.
The owners plan to expand their existing pool deck area and construct a new
open-air pool pavilion to the north of the existing swimming pool at their
backyard. The new pavilion will be partially roofed and will have 5 to 6' of open
trellis area at each end. We are requesting a variance to the 3' sideyard setback
requirement for the stone patio at the pool deck. The east property line angles
into the site near the northeast corner of the new patio and a new symmetrical
pool deck will encroach into the sideyard toward the property line. This new stone
patio could potentially project from between 12" to 30" above grade at the
northeast corner depending on existing grades and new landscaping.
Additionally, because the lot is situated between Edgehill and Cantrell Road, the
required setback for accessory structures is 60' from both the north and south
property line. We are asking for a reduced front yard setback from the Cantrell
Road side to allow the new pool pavilion and patio to be located a minimum of
35' from the north property line.
If you have any questions or concerns or need further information please feel free
to contact me. As always, we appreciate your serious consideration of our
request.
Sincerely,
Ellen Yea, AIA
3416 Old Cantrell Road Little Rock, Arkansas 72202 501-372-5940 Fax: 501-663-0043
NOVEMBER 26, 2012
ITEM NO.: 2
File No.: Z-8813
Owner: Ruth Anne Cooper
Applicant: Terry Choat
Address: 5726 Stonewall Road
Description: Lot 128, Forest Heights Plan Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-
156 to allow reconstruction of a carport/garage structure with reduced side setback and
separation from principal structure.
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. 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.
NOVEMBER 26, 2012
ITEM NO.: 2 (CON'T.)
C. Staff Analysis:
The R-2 zoned property at 5726 Stonewall Road is occupied by a one-story frame
single family residence. There is a one -car wide driveway from Stonewall Road at
the southeast corner of the property. The drive leads to a one-story carport/garage
structure at the northeast corner of the residence. The existing carport/garage
structure is 1.2 to 1.5 feet back from the east side property line and 67 feet back
from the front (south) property line. There is three (3) feet to five (5) feet of
separation between the carport/garage structure and the house.
Because of existing drainage problems associated with the existing carport/garage
structure, the applicant proposes to remove the existing structure and replace it
with a new similar structure. The new accessory carport/garage structure will be
constructed on the existing improved foundation and pulled in slightly to have a
side setback of 1.5 feet to the structure's overhang and approximately 1.84 feet to
the exterior wall of the garage. The carport portion will be unenclosed on its south,
east and west sides. The carport will have a small covered walkway between it
and aside door.
Section 36-156(a)(2)f. of the City's Zoning Ordinance requires a minimum side
setback of three (3) feet for accessory structures in residential zones. Section 36-
156(a)(2)b. requires that accessory structures be separated from principal
structures by at least six (6) feet. Therefore, the applicant is requesting to re -build
the existing carport/garage structure with a reduced side setback and separation
from the house.
Staff is supportive of the requested variance. Staff views the request as
reasonable. The applicant is proposing to re -build an accessory structure which
has existed on the property for a number of years. The existing structure appears
to have had no negative impact on the adjacent properties. The applicant is
proposing to slightly improve the existing side setback encroachment. The
proposed re -constructed accessory building will not be out of character with other
similar structures throughout this neighborhood. Adequate separation will exist
between the proposed accessory structure and the existing house to the east.
Staff believes the requested re -construction of the existing accessory structure will
have no adverse impact on the adjacent properties or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested variances, subject to the following
conditions:
1. Compliance with the Building Codes requirements as noted in paragraph
B. of the staff report.
2. The accessory structure must be constructed to match the existing
residence.
3. Guttering must be provided to prevent water run-off onto the adjacent
property to the east.
NOVEMBER 26, 2012
ITEM NO.: 2 (CON'T.)
BOARD OF ADJUSTMENT: (November 26, 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 4 ayes, 0 nays and 1 absent.
Date: October 22, 2012
To: Little Rock Board of Adjustment
From: Ruth Anne Cooper, M. D.
5726 Stonewall Road
Little Rock, AR 722207-4324
To Whom It May Concern:
T4, --4 z
Z -
I request a variance in order to replace a garage/shed/carport. The garage has likely been in existence since at
least 1940. Attached to the front of the garage is a carport and to the side a shed, both of which have been
present since long before I purchased the property in 1981. In 20001 added a back porch/deck with steps leading
towards the garage/shed. The roof of the carport extends over a portion of the back porch giving me cover from
garage to backdoor. The structure violates current regulations because it is only slightly over a foot from the
adjacent property line.
My plan is to replace the existing garage, carport, shed. That includes raising the slab and installing some drainage,
using the essentially the same footprint but moving it over just far enough to fulfill the requirement that it be at
least 18 inches from the line. To move it more would not allow me to drive straight into my garage and it is
already a tight fit.
The reasons I would like to replace the structure:
The lot slopes from west to east and slightly from north to south resulting in water flowing toward the structure.
Either because soil has built up over the decades or it was built too low initially, it has been impossible to keep the
inside dry. It leaks from the bottom. The high level of moisture has resulted in an overgrowth of mold to which I
am allergic. I must wear a mask if I have to be in the shed or garage for more than a few minutes.
Because the structure is close to the soil and because of modifications made by a previous owner, pests inhabit the
premises. Insects and spiders can be controlled by spraying but rats are a constant problem. A termite/pest
company leaves poison out once a month, usually resulting in my finding one or two dead rats either near the
structure or within it. Several times a year my garage is inundated with the smell of decaying rodent for a week or
two.
The drainage problem not only affects the garage but water stands in the concrete area between the bottom of
the steps and the shed. My dogs and I must walk though an inch or more of water after a significant rain in order
to reach the backyard or garage.
The garage was built when cars were smaller. I currently own a 2001 Toyota Celica that I must park carefully to
have room to get out. I would like to replace the car but even a compact fills the garage forcing me to squeeze out
of the car. I put my car in the garage at night 95 percent of the time.
Safety is also an issue. If I replace the garage, I will design the interior so I can more easily walk directly into my
yard rather than having to go outside the fence and through a gate. This will increase my security.
Thank you for considering my request.
P—-�.,.-- C.l Com..-._ e"t 7
Ruth Anne Cooper, M. D.
NOVEMBER 26, 2012
ITEM NO.: 3
File No.: Z-8818
Owner: Karen A. Webber
Applicant: Carolyn Lindsey
Address: 2300 N. McKinley Street
Description: Lot 61, Westover Hills Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-254
to allow a carport addition with a reduced side 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. Buildina 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.
NOVEMBER 26, 2012
ITEM NO.: 3 (CON'T.)
C. Staff Analysis:
The R-2 zoned property at 2300 N. McKinley Street is occupied by a one-story
frame single family residence. There is a one -car wide driveway from N. McKinley
Street at the northeast corner of the property. A one-story frame accessory
building is located at the northwest corner of the residence.
The applicant proposes to construct a one-story carport addition to the north side
of the residence, as noted on the attached site plan. The proposed carport addition
will be unenclosed on its north and east sides. The west end of the carport
addition will contain operable and fixed louvered shutters. The proposed carport
will be located approximately 42 feet back from the front (east) property line and
three (3) feet back from the north side property line.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side
setback of 6.2 feet for this R-2 zoned lot. Therefore, the applicant is requesting a
variance from this ordinance standard to allow the carport addition with a reduced
side setback.
Staff is supportive of the requested side setback variance. Staff views the request
as reasonable. The proposed carport addition will be unenclosed on its north and
east sides, with fixed and movable louvered shutters along its west side. The
proposed carport addition should have very little visual impact on the surrounding
properties. The existing residence to the north is located at least eight (8) feet
back from the dividing side property line. Adequate separation will exist between
the two (2) structures. Staff believes the proposed carport addition will have no
adverse impact on the adjacent properties or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested side setback variance, subject to the
following conditions:
1. Compliance with the Building Codes requirements as noted in paragraph
B. of the staff report.
2. The carport addition must be constructed to match the existing residence.
3. There is to be no more than one (1) foot of overhang along the north side
of the carport addition.
4. Guttering must be provided to prevent water run-off onto the adjacent
property to the north.
BOARD OF ADJUSTMENT: (November 26, 2012)
Carolyn Lindsey was present, representing the application. There were no objectors present.
Staff presented the application with a recommendation of approval.
Vice -Chair Smith asked what it was about the property that created a hardship for the
variance request. Carolyn Lindsey explained that the existing location of steps on the north
NOVEMBER 26, 2012
ITEM NO.: 3 (CON'T.)
side of the house and the existing roof line of the house dictated the location of the carport
addition. The issue was discussed further. Vice -Chair Smith noted that staff could sign -off
on a 5.5 foot side setback.
Chairman Yates asked if a 5.5 foot side setback could be provided. Ms. Lindsey explained
that if a 5.5 foot side setback were provided, the carport would only be 11 feet wide and
probably not wide enough for a vehicle. The issue was discussed further.
There was a motion to approve the application, as recommended by staff. The motion
passed by a vote of 3 ayes, 1 nay and 1 absent. The application was approved.
Yeary Lindsey Architects
October 29, 2012
Mr. Monte Moore
Department of Neighborhoods and Planning
723 W. Markham St.
Little Rock, Arkansas 72201
Re: Zoning Variance Application for Webber Residence, 2300 N. McKinley St.
Dear Monte,
We are proposing to add a 13'-6" wide and 21'-0" deep Carport connected to the
house with a 12'-0" wide and 6'-0" deep open covered walkway. The Carport is
open on three sides with shutters at the back wall of the carport and connected
across to the house to shield the HVAC unit and the existing storage building
from street view. The Carport structure is 3'-0" back from the front of the house.
We are requesting a zoning variance to allow the following:
1) Reduced side yard set back from 6.27' to 3'-0"
My client lives alone and would like to have a quick entry into the house from her
car under protection from the weather. This lot is 62.7' wide and can easily
handle the addition of the open Carport without negatively affecting the density
on the streetscape.
Thank you for your time and consideration.
Sincerely,
Carolyn A. dsey, AIA
3416 Old Cantrell Road Little Rock, Arkansas 72202 501-372-5940 Fax: 501-663-0043
NOVEMBER 26, 2012
ITEM NO.: 4
File No.: Z-8819
Owner: Robert and Megan Janes
Applicant: Carolyn Lindsey
Address: 1704 N. Palm Street
Description: Lot 28, Cliffewood Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-156
to allow construction of a detached garage with reduced side setback and increased rear
yard coverage.
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. 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.
NOVEMBER 26, 2012
ITEM NO.: 4 (CON'T.)
C. Staff Analysis:
The R-2 zoned property at 1704 N. Palm Street is occupied by a two-story brick
single family residence. There is a one -car wide driveway at the southeast corner
of the property. The driveway extends along the south side of the residence to an
accessory garage at the southwest corner of the property. The accessory garage
is approximately 19 feet by 19 feet in area and one-story in height.
The applicant proposes to remove the existing garage structure and construct a
new, larger garage, as noted on the attached site plan. The new garage will be
24.5 feet by 29.9 feet in area, with an 8.3 foot by 11.5 foot section at its northwest
corner. The new garage will be two (2) stories in height, with a playroom on the
second floor. The new garage is proposed with a two (2) foot setback from the
south side property line. The rear setback will range from three (3) to eight (8)
feet. The new garage will cover approximately 43 percent of the required rear yard
area (rear 25 feet of the lot.).
Section 36-156(a)(2)f. of the City's Zoning Ordinance requires a minimum side
setback of three (3) feet for accessory structures in R-2 zoning. Section 36-
156(a)(2)c. allows accessory structures to cover up to 30 percent of the required
rear yard area (rear 25 feet of the lot). Therefore, the applicant is requesting
variances from these ordinance standards to allow the accessory structure with
reduced side setback and increased rear yard coverage.
Staff does not support the requested variances, as filed. Staff has no problems
with the requested rear yard coverage of 43 percent. However, staff feels that
there is adequate space to comply with the required three (3) foot side setback.
The existing accessory building on the lot immediately to the south is set back
approximately three (3) feet from the dividing side property line. Therefore, staff
believes it appropriate to have a setback of at least three (3) feet on the applicant's
side of the property line to have a separation of approximately six (6) feet between
the accessory structures. If the applicant were willing to amend the application to
provide a three (3) foot side setback, staff could support the application.
D. Staff Recommendation:
Staff recommends denial of the requested setback and coverage variances as
filed.
r
NOVEMBER 26, 2012
ITEM NO.: 4 (CON'T.)
BOARD OF ADJUSTMENT: (November 26, 2012)
Carolyn Lindsey and Robert Janes were present, representing the application. There were
no objectors present. Staff presented the application, noting that the applicant had revised
the application to provide a three (3) foot side setback. Staff noted that the only variance
remaining was the rear yard coverage variance. Staff recommended approval of the revised
application, subject to the following conditions.-
1.
onditions:
1. Compliance with the Building Codes requirements as noted in paragraph B. of the
staff report.
2. The accessory structure must be constructed to match the principal structure.
Vice -Chair Smith discussed the rear yard coverage issue and asked why the overall size of
the structure was requested. Carolyn Lindsey explained that the foot print of the structure
was to accommodate a two (2) car garage with steps to a second floor. Vice -Chair Smith
made further comments regarding ordinance requirements. Chairman Yates asked about the
area of the building foot print. Staff noted that the building area was 828 square feet. The
issue of rear yard coverage was further discussed.
There was a motion to approve the revised application, as recommended by staff. The
motion passed by a vote of 3 ayes, 1 nay and 1 absent. The revised application was
approved.
Yeary Lindsey Architects
Z- "?S/ 7
Mr. Monte Moore October 29, 2012
Department of Neighborhoods and Planning
723 W. Markham St.
Little Rock, Arkansas 72201
Re: Zoning Variance Application for Janes Residence, 1704 N. Palm St
Dear Monte,
There is an existing one-story undersized two -car garage on the property that is
1.9' from the south property line at the closest point and 5.3' from the rear (west)
property line.
Our proposed plan includes replacing the existing garage with a two-story full-
sized garage with a storage room to the north and an enclosed stair to a
playroom above with a full bath. The exterior will be brick with stucco above to
match the main house, but the roof will be hipped to minimize the impact of the
second story in the yard and toward the southern neighbor. We are requesting a
zoning variance to allow the following:
1) Increased accessory structure coverage in rear setback from
required 30% maximum to 43%.
2) Reduced south 3'-0" side yard setback for accessory structures to
allow the new two -car Garage / Playroom to encroach 1'-0",
reducing it to 2'-0" which is the current location of existing garage
wall.
The existing Garage is approximately 19'-0" deep and 19'-0" wide which is
smaller than the 22'-0" deep and 21'-0" wide current minimums for today's cars.
Enlarging the garage and replacing the existing storage, all the while staying far
enough away from the main house to exit the garage, precipitates the increase in
the rear setback coverage to the 43%.
We are requesting the side yard setback reduction to aid in backing down the
narrow drive along side the house. If we were to move the Garage 1'-0" further
to the north, it becomes more difficult to back out of the northern side of the
garage without hitting the southwest corner of the house. Because the existing
garage is already this close to the property line and the southern neighbor has an
existing one-story accessory building in the same location, we feel the impact of
this variance will be negligible.
Thank you for your time and consideration.
Sincerely,
aUa,A� LXn"4r
Carolyn A. Li dsey, AIA
3416 Old Cantrell Road Little Rock, Arkansas 72202 501-372-5940 Fax: 501-663-0043
NOVEMBER 26, 2012
ITEM NO.: 5
File No.: Z-8820
Owner: Robert and Mary Gammill
Applicant: Gary Milam
Address: 2107 N. Palm Street
Description: Lot 13 and 14, Block 4, Country Club Heights Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-156
to allow reconstruction of a storage building with reduced street side setback and increased
rear yard coverage.
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. 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.
NOVEMBER 26, 2012
ITEM NO.: 5 (CON'T.)
C. Staff Analysis:
The R-2 zoned property at 2107 N. Palm Street is occupied by a two-story frame
single family residence. The property is located at the northeast corner of N. Palm
Street and Stonewall Road. An alley runs along the rear (east) property line. Two
(2) accessory structures are located within the rear yard area, along the rear
property line. The larger structure is a carport/storage structure (approximately
1,565 square feet total) and is located near the northeast corner of the lot. The
small accessory structure is a 420 square foot (20.5 feet by 20.5 feet)
garage/storage structure at the southeast corner of the lot. Both accessory
structures are one-story in height. Both structures together occupy approximately
65 percent of the required rear yard area (rear 25 feet of the lot).
The applicant proposes to remove the smaller 20.5 foot by 20.5 foot accessory
structure and replace it with a new one-story structure of the same size. The
applicant notes that much of the structure is rotten and in a state of disrepair. The
structure is located approximately one (1) foot from the rear (east) property line
and 8.5 feet from the south street side property line.
Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum street
side setback of 15 feet for accessory structures in R-2 zones. This section also
allows accessory structures to occupy up to 30 percent of the required rear yard
area (rear 25 feet of the lot). Therefore, the applicant is requesting variances from
these ordinance standards to allow re -construction of the smaller accessory
structure with a decreased street side setback and increased rear yard coverage.
Staff is supportive of the requested variances. Staff views the request as
reasonable. The applicant is proposing to re -build an accessory structure which
has existed on the property for a number of years and is currently in a state of
disrepair. The structure appears to have had no negative impact on the
surrounding properties since it has existed on the site. The applicant is proposing
to re -build the structure utilizing the same building foot print and building height.
Staff believes the requested variances associated with the re -construction of the
existing accessory structure will have no adverse impact on the adjacent properties
or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested setback and coverage variances,
subject to the following conditions:
1. Compliance with the Building Codes requirements as noted in paragraph
B. of the staff report.
2. The accessory structure must be constructed to match the principal
structure.
NOVEMBER 26, 2012
ITEM NO.: 5 (CON'T.)
BOARD OF ADJUSTMENT: (November 26, 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 4 ayes, 0 nays and 1 absent.
Robert Taylor ("Ted") Gammill Jr.
October 30, 2012
Little Rock Board of Adjustment
723 West Markham
Little Rock, AR 72201
RE: Application for Zoning Variance
Dear Sir and/or Madam,
Thank you for the opportunity to make my application for a zoning variance for my
home. My home is located on two lots, lots 13 & 14. I have an old one -car garage building (20'
by 20') located on the southeast corner of my lot 14. (It is marked "Storage" on the survey
accompanying this application). This garage is used for storage as well as housing my golf cart.
It was most likely built at the same time that my house was constructed (1949).
It is my desire to tear down this one -car garage and completely rebuild it using the
existing dimensions. The only difference in appearance is that instead of a full garage door
facing south, it will have a half garage door. Other than that, the building will look no different
from its present appearance, other than the fact that it will look newer.
The reason for my desire to completely rebuild this building is that it is in poor condition.
The floor inside is rotting as well as the door jams and doors. I believe that I can better utilize
the space inside for storage by completely rebuilding this building. Lastly, I believe that it would
improve the appearance of my property given the age and condition of this building.
I will certainly be available at the meeting to answer questions and can provide pictures
of the present building if necessary. Thank you in advance for your consideration.
Sincerely,
Robert T. (Ted) Gammill
Enclosures
2107 North Palm, Little Rock, AR 72207 --- (501) 663-7303 --- tedgam@swbell.net
NOVEMBER 26, 2012
ITEM NO.: 6
File No.: Z-8821
Owner: Syed Samad
Applicant: Ahmed Samad and Rodney Parham
Address: 160 Hickory Creek Circle
Description: Lots 43 and 44, Hickory Creek Addition, Phase I
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-254
to allow a garage addition with a reduced side 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. 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.
NOVEMBER 26, 2012
ITEM NO.: 6 (CON'T.)
C. Staff Analysis:
The R-2 zoned property at 160 Hickory Creek Circle is occupied by a two-story
single family residence with masonry exterior. The property is located at the
northeast corner of Hickory Creek Circle and Hickory Creek Court SE. A circular
driveway serves as access to the property. The property backs up to a tiered
pond/creek area which serves as stormwater detention for the area.
The applicant is proposing to construct a two-story garage addition to the east end
of the residence, as noted in the attached site plan. The proposed addition will
have a footprint of approximately 890 square feet. The first floor of the addition will
have a three -car garage, with additional bedroom space on the second floor. The
proposed addition will be located 2.2 feet to 8.33 feet back from the east side
property line. The addition will be located 30 feet from the rear (north) property line
and over 120 feet from the front (south) property line.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side
setback of eight (8) feet for this R-2 zoned lot. Therefore, the applicant is
requesting a variance to allow the addition with a reduced side setback.
Staff is supportive of the requested variance. Staff views the request as
reasonable. The requested encroachment into the required side setback is a very
minimal corner encroachment. Only approximately 70 square feet of the proposed
addition will encroach into the required side setback, representing only
approximately seven (7) percent of the proposed building footprint. The applicant's
architect does show a new extended storm drain along the east side property line
in the area of the proposed addition. A small corner portion of the proposed
addition is shown over the drain extension. Appropriate measures must be taken
by the applicant so that construction of the addition does not jeopardize the storm
drain. The storm drain is not located within an easement. Otherwise, staff
believes the proposed addition with reduced side setback will have no adverse
impact on the adjacent properties or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested side setback variance, subject to the
following conditions:
1. Compliance with the Building Codes requirements as noted in paragraph
B. of the staff report.
2. The addition must be constructed to match the existing residence.
3. The addition must be constructed as to not interfere with the new storm
drain extension.
NOVEMBER 26, 2012
ITEM NO.: 6 (CON'T.)
BOARD OF ADJUSTMENT: (November 26, 2012)
Ahmed Samad and Rodney Parham were present, representing the application. There were
no objectors present. Staff presented the application with a recommendation of approval.
Chairman Yates asked if the property owner immediately to the east had any objection
to the proposed building addition. Ahmed Samad noted that the next door neighbor,
Price Gardner, was aware of the plans and supported the project. Chairman Yates
asked about the size of the proposed garage. Rodney Parham explained that it was a
three (3) car garage with nine (9) foot doors.
Vice -Chair Smith asked what it was about the property that created a hardship for the
variance request. Mr. Parham noted that the existing garage on the east end of the
house dictated the location of the proposed garage addition. Mr. Samad explained that
his family had a collection of cars which needed to be parked on the site. He also
explained that his grandmother would live in the second floor of the addition. Vice -Chair
Smith made additional comments regarding the proposed addition. Mr. Samad
explained that he had discussed the building plans with the neighbors and
neighborhood association prior to submitting the application to the City for a setback
variance.
There was a motion to approve the application, as recommended by staff. The motion
passed by a vote of 3 ayes, 1 nay and 1 absent. The application was approved.
October 30, 2012
Mr. Monte Moore
Little Rock Department of Planning & Development
City of Little Rock
723 West Markham Street
Little Rock, AR 72201
Re: Dr. Syed Samad Residence
160 Hickory Creek Circle
Little Rock, AR 72212
Dear Mr. Moore:
I am requesting a sideyard building setback on the east side of my existing home at 160 Hickory
Creek Circle.
We are planning on building a three car Garage addition on the ground level with two Bedrooms
and Baths on the second level. The addition will extend into the 8'-0" sideyard setback. The back
corner of our proposed structure will be 2'-2" from our east property line. The front corner of our
structure will be approximately 8'-4" from the property line.
Our purpose for building this structure is to have a place to park my children's cars under cover.
They currently park outside in our driveway. One of the new upper level Bedrooms will be used
by one of my children and the other Bedroom will be used for our family that stays with us over
an extended period of time.
Also, as part of our overall site improvement plan; we are planning on extending the existing
concrete culvert in line with the front of our home to beyond the back corner of our proposed
addition.
Please refer to the attached survey which indicates our proposed request. Should you have any
questions, please feel free to contact me at (870) 692-0316.
Thank you for your consideration.
Sincerely,
I
Dr. Syed Samad
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November 26, 2012
There being no further business before the Board, the meeting was adjourned at 2:50 p.m.
Date:
Secretary