boa_12 17 2012LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
DECEMBER 17, 2012
4981MAKII
OLD BUSINESS:
No Old Business
II. NEW BUSINESS:
Z-8822 403 Hickory Creek Court SE
2. Z-8823 310 Main Street
DECEMBER 17, 2012
ITEM NO.: 1
File No.: Z-8822
Owner: Robert and Brenda Bailey
Applicant: Bob Bailey
Address: 403 Hickory Creek Court SE
Description: Lot 39, Hickory Creek Addition
Zoned: R-2
Variance Requested: A variance is requested from the easement provisions of Section
36-11 to allow construction of a pool which encroaches into an easement.
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. Utility Issues:
Central Arkansas Water: No objection to easement encroachment.
Little Rock Wastewater: No objection to easement encroachment.
CenterPoint Energy: No objection to easement encroachment.
Entergy: No objection to easement encroachment.
AT&T: No objection to easement encroachment, subject to the following
conditions:
1. AT&T's buried cable is to be located and exposed by Mr. Bailey.
Mr. Bailey will be billed for any damage to that cable.
2. If it is determined that the cable is in conflict with the building of the
proposed swimming pool, Mr. Bailey will contact Chris Keathley, AT&T
DECMEBER 17, 2012
ITEM NO.: 1 (CON'T.)
Engineer for Little Rock, at 501-373-6594 and begin a work order for
the cable to be relocated. All costs for the relocation of the cable will
be borne by Mr. Bailey.
If relocation is required, after its completion, AT&T will issue Mr. Bailey a formal
Right of Encroachment or Partial Release of Easement upon his request.
C. Staff Analysis:
The R-2 zoned property at 403 Hickory Creek Court SE is occupied by a two-
story rock and frame single family residence. A circular driveway from Hickory
Creek Court SE serves as access. The driveway runs along the west side of the
house and serves a garage at the west end of the residence. A rather wide utility
easement (20 to 60 feet wide) runs along the west side property line and
transitions to a 10 -foot wide easement along the rear (south) property line.
The applicant is proposing to construct an in -ground pool within the rear yard
area, as noted on the attached site plan. The proposed pool will be located a
minimum of three (3) feet from the rear (south) property line and be separated
from the house by at least six (6) feet. The pool will encroach several feet into
the 10 -foot wide utility easement which runs along the rear (south) property line.
A pool deck will surround the proposed pool. The deck will consist of a four (4)
inch thick concrete slab with stone tile. A fire pit (landscape feature) will be
located at the southeast corner of the pool deck.
Section 36-11 (f) of the City's Zoning Ordinance requires that easement
encroachments be reviewed and approved by the Board of Adjustment.
Therefore, the applicant is requesting a variance to allow the proposed pool to
encroach into the rear 10 -foot utility easement.
Staff is supportive of the requested easement encroachment. Staff views the
request as reasonable. All of the public utility companies have reviewed and
approved the proposed pool placement with easement encroachment.
Conditions are attached to the AT&T approval. The applicant has indicated to
staff that he is working with AT&T and will comply with their conditions. The
proposed pool will comply with all other ordinance requirements, including
setbacks from property lines, separation from principal structure and rear yard
coverage. Staff believes the proposed pool with easement encroachment will
have no adverse impact on the adjacent properties or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested easement variance, subject to
compliance with the utility requirements as noted in paragraph B. of the staff
report.
DECMEBER 17, 2012
ITEM NO.: 1 (CON'T.)
BOARD OF ADJUSTMENT: (December 17, 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.
Bob Bailey
402 Hickory Creek Court SE
Little Rock, AR 72212
November 7, 2012
Mr. Dana Carney
City of Little Rock
723 W Markham Street
Little Rock, AR 72201
RE: 403 Hickory Creek Court SE
Little Rock, Arkansas
Dear Mr. Carney:
You will find enclosed the documents required to file for a variance to build a pool that
encroaches into the easement as indicated on the plan.
As you can see from the survey, I have a relatively small backyard and the only location a pool,
pool deck, and outdoor fireplace could go in will encroach on the 10' easement.
The only utilities that are in the easement are the phone and cable and they have agreed to
allow me to build above them provided I pay the expense to relocate and sleeve them which I
will do.
I would appreciate approval of this variance.
Sincerely,
Bob Bailey
Enclosures
DECEMBER 17, 2012
ITEM NO.: 2
File No.: Z-8823
Owner: Mann Development, LLC
Applicant: Michael McCallum
Address: 310 Main Street
Description: Lot 9 and the South half of Lot 10, Block 76,
Original City of Little Rock
Zoned: R-2
Variance Requested: Variances are requested from the development and use
provisions of Section 36-342.1 to allow awnings which project more than five (5) feet
into the public right-of-way and an area of outdoor dining in the public right-of-way.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Three-story commercial building
Proposed Use of Property: Mixed restaurant and residential use
STAFF REPORT
A. Public Works Issues:
1. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818)
for the private improvements located in the right-of-way.
2. At the time the private improvements are requested to be removed from the
right-of-way which can occur at any time from the date of franchise permit
issuance, the City of Little Rock is not responsible to refund any loss from any
income received as a result of the improvements in the right-of-way. The
owner of the improvements is responsible for the cost of removal and
restoring the right-of-way back into compliance with city plans, codes, and
details in the time period identified by the City.
B. Staff Analysis:
The U zoned property at 310 Main Street is occupied by a three-story
commercial building, the Gus Blass Dry Goods Building built in 1895. The
building is part of the "Mann on Main" rehabilitation project. The three-story
building will be a mixed use structure, with a restaurant on the ground floor and
residential apartments above.
DECEMBER 17, 2012
ITEM NO.: 2 (CON'T.)
As part of the restaurant project, the applicant is proposing to create an outdoor
dining area on the east (Main Street) side of the building, as noted on the
attached sketch plan. The outdoor dining area will be approximately 10 feet by
50 feet in area, extending approximately seven (7) feet into the Main Street right-
of-way. The outdoor dining area will have a raised concrete slab with metal
railing approximately 3.5 feet high. An accessible entry will be located at the
south end of the dining area. Doors to the restaurant will be located at the north
end of the outdoor area. The outdoor dining area will contain approximately 26
seats. The inside portion of the restaurant will have approximately 70 seats.
The applicant is also proposing three (3) awnings on the east side of the building
to cover most of the outdoor dining area as well as the south entry door to the
restaurant. The awnings will extend approximately seven (7) feet into the Main
Street right-of-way and approximately 10 feet from the building facade. The
awnings will be located approximately nine (9) feet above the elevation of the
sidewalk.
Section 36-342.1 (c) (9) b. of the City's Zoning Ordinance requires that awnings
project no more than five (5) feet from a building facade and have a minimum
clearance of eight (8) feet above a sidewalk. Section 36-342.1 (d) (1) a. states
that an area of outdoor dining shall not be located in the public right-of-way, nor
shall it obstruct pedestrian movement, fire lanes, access to any business or
areas designated for access by physically impaired. Therefore, the applicant is
requesting variances from these ordinance standards to allow the awnings to
project more than five (5) feet from the building and the outdoor dining area to be
located in the public right-of-way.
Staff is supportive of the requested variances. Staff views the request as
reasonable. Similar areas of outdoor dining can be found throughout the
downtown area. The same holds true for the awning encroachment. The Public
Works Department contacted the project engineers at Crafton Tull who are
working on the Main Street Creative Corridor and Stormwater Demonstration
projects. They reviewed the proposed outdoor dining and awning request and
note that they don't appear to clash with the Creative Corridor or Stormwater
projects. They pointed out that the Creative Corridor will call for an entry plaza at
this intersection which would encourage bringing business and retailers closer to
the street by allowing outdoor dining and open displays. Staff believes the
outdoor dining and awnings are appropriate and should have no adverse impact
on the adjacent properties or general area.
C. Staff Recommendation:
Staff recommends approval of the requested outdoor dining and awning
variances, subject to compliance with the Public Works requirements as noted in
paragraph A. of the staff report.
DECEMBER 17, 2012
ITEM NO.: 2 (CON'T.)
BOARD OF ADJUSTMENT: (December 17, 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.
November 19, 2012
Board of Adjustments
Planning and Development
723 W. Markham
Little Rock, AR 72201
To Whom It May Concern;
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We are seeking a use regulation variance for the existing historic building,
the Mann on Main Annex Building (formally the Gus Blass Dry Goods
Building), located at 310 Main Street. We ask that you consider the
proposed outdoor dining area for variance from the UU —Urban Use District;
Section 36-342.1, Part C -Development Criteria, #9 — Projections; and part
D - Use Regulations.
We would propose we be given variance for this outdoor dining area in the
public right-of-way. We feel the sidewalk dining experience will help bring
new life and excitement to our historic Main Street. The outdoor dining patio
shall have a raised concrete slab with a metal railing system. This will
provide for a level surface for the tables and chairs and also resolve a
structural conflict in our historic building. The dining area shall provide an
accessible egress path with an access gate located on the south side of the
railing system. We propose an awning projection of 7 feet to cover the
sidewalk dining area. Please see the attached plans for further information
on location, size and construction.
Sincerely,
Mann Development, LLC
By:
tmmyosV Managing Member
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December 17, 2012
There being no further business before the Board, the meeting was adjourned at 2:05 p.m.
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