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boa_01 31 2011LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES JANUARY 31, 2011 2:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. II. Approval of the Minutes of the Previous Meetings The Minutes of the December 20, 2010 meeting were approved as mailed by unanimous vote. III. Members Present: Robert Winchester, Chairman Scott Smith, Vice Chairman Rajesh Mehta Brad Wingfield Open Position Members Absent: None City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA JANUARY 31, 2011 2:00 P.M. OLD BUSINESS: A. Z-8622 8 E. Palisades Drive II. NEW BUSINESS: 1. Z-8628 5300 Sherwood Road 2. Z-8629 102 S. Rodney Parham Road 3. Z-8630 1007 Main Street CD ■ L U) E a) U f -C 3� IJ ^ 006 RV WIH `+ • �• L.._.._ Q� 4 20P 2 � F O i 0J U f 01 y rell l 1 O •� N as svwoNi Nva Oa sNabas all C' 0: N W � 1 ? W L Q � 1 a 1 �b G 1 JANUARY 31, 2011 ITEM NO.: A File No.: Z-8622 Owner: Philip and Gina Tappan Applicant: Philip Tappan Address: 8 E. Palisades Drive Description: Lot "D", Block 1, East Palisades Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a building 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. Staff Analysis: The R-2 zoned property at 8 East Palisades Drive is occupied by a two-story brick and frame single family residence. The property slopes downward from front to back. The residence is one-story as viewed from the front and two-story from the rear. There is a two -car wide driveway from East Palisades Drive at the southwest corner of the property. The driveway accesses a carport within the west portion of the residence. The applicant is preparing to remodel the residential structure. The lot contains a 40 foot front platted building line. The applicant is proposing to make additions to the existing residence, as noted on the attached site plan. The additions include a two-story garage addition on the west end of the residence. The proposed garage addition will be located five (5) to JANUARY 31, 2011 ITEM NO.: A (CON'T.) seven (7) feet back from the west side property line. All portions of the additions will be located behind the front platted building 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 reduced side setback for the proposed garage addition. Staff is supportive of the requested variance. Staff views the request as reasonable. Because of the downward slope of the property from front to back and the increased front setback platted for this property (40 feet instead of the typical requirement of 25 feet), the applicant has very little option in placement of a garage addition to the residence. The proposal will not be out of character with other structures in the area. The homes along both sides of East Palisades Drive are fairly large structures with varying front and side setbacks. Staff believes the proposed garage addition with reduced side 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 building additions being constructed to match the existing residence. BOARD OF ADJUSTMENT: (DECEMBER 20, 2010) The applicant was present. There were no objectors present. Staff noted that the applicant had agreed to defer the application to the January 31, 2011 agenda, based on the fact that circumstances regarding the application had changed. Staff supported deferral of the application. The item was placed on the Consent Agenda and deferred to the January 31, 2011 agenda with a vote of 3 ayes, 0 noes, 1 absent and 1 open position. Staff Update: The applicant submitted a letter to staff on January 18, 2011 requesting to withdraw the application. The applicant has revised the site plan for the property to provide the required side building setback. Staff supports the withdrawal request. JANUARY 31, 2011 ITEM NO.: A (CON'T.) BOARD OF ADJUSTMENT: (JANUARY 31, 2011) Staff noted that the applicant submitted a letter on January 18, 2011 requesting to withdraw the application, as the applicant had revised the site plan for the property to provide the required side building setback. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn with a vote of 4 ayes, 0 noes, 0 absent and 1 open position TAP �U ~�K�~��-�Q �� ,1roonA/wvv000ROAD, SUITE ONE / LITTLE ROCK, ARKANSAS rzx1z/su1,cz4.n110 L,arad& 1-Mat;sr 11/01/200 Little Rock Department ofPlanning 8\Development 723West Markham Little Rock, AR 72203 Dear Board of Adjustment, Mywife and | have purchased the home et8East Palisades inLittle Rock and are planning a substantial renovation and upgrade. This house will serve as our principal residence. The original house was developed in 1955 and is dated to that era. The house currently offers only exposed parking under ecarport. The reason for a zoning variance on this renovation is primarily due to a conversion from carport to enclosed garage. Most houses built in this era did not have an enclosed garage but now that is certainly standard procedure. While the current carport is located on the west end of the house ithas arestriction onthe turning space making for analmost inoperable situation once that space would be enclosed. It currently has a 90 degree turn into the carport but with the variance approval we will drive straight into the garage when coming off of E. Palisades. While the lot has adequate space for a garage on the rear of the house the slope from the front to the rear makes the space unusable for the addition there due tuthe severe grade transition. While the variance does ask for closer placement of the garage to the west side property line,it also other storage items are currently kept. I hope you will strongly consider our request. 'V' Phil pTlap n JANUARY 31, 2011 ITEM NO.: 1 File No.: Z-8628 Owner: Cliff and Kristen Lee Applicant: Jim Yeary Address: 5300 Sherwood Road Description: Lots 133-135 and Lots 172-174, Prospect Terrace No. 2 Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36- 254, the easement provisions of Section 36-11 and the area provisions of Section 36-156 to allow a garage addition with a reduced side setback and utility easement encroachment, and a pool house with a reduced setback from 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 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. JANUARY 31, 2011 ITEM NO.: 1 (CON'T.) C. Utility Comments: Little Rock Wastewater — No objection to easement encroachment. No sewer mains located on property. Central Arkansas Water — No objection to easement encroachment. No existing or planned facilities within existing easement. AT&T/SWB — No objection to easement encroachment Entergy — No objection to easement encroachment. No future need for this easement. CenterPoint Energy — No objection to easement encroachment. D. Staff Analysis: The R-2 zoned property at 5300 Sherwood Road is occupied by a two-story rock single family residence located within the south half of the property. The property is comprised of six (6) platted single family residential lots, with Sherwood Road located along the south property boundary, Edgewood Road along the north boundary and N. Harrison Street along the east property line. Driveways from Sherwood Road and Edgewood Road serve as access to the property and run along the west side of the residence. A garage structure is located near the northwest corner of the residence, with a pool house structure at the northwest corner of the garage. There is an existing swimming pool in the rear yard area, within the north half of the property. The rear yard area is enclosed with an existing rock wall. The lots contain a thirty (30) foot platted building line along the north and south property lines, and a fifteen (15) foot platted building line along the east street side property line. An eight (8) foot wide utility easement runs east/west through the center of the overall property. The applicant is proposing to remove the garage and pool house structures and construct a new garage addition at the northwest corner of the residence. The garage portion of the addition will have a two-story height, with a one-story heated/cooled connection to the existing house. The garage addition will be located approximately two (2) feet from the west side property line, over 130 feet back from the front (south) property line and 90 feet back from the rear (north) property line. The one-story connection between the garage addition and existing house will encroach across the existing utility easement. The applicant is also proposing to construct a one-story pool house within the rear yard area, as noted on the attached site plan. The pool house will be located thirty (30) feet back from the rear (north) property line and approximately thirty-four (34) feet back from the west side property line. The pool house will not encroach across the thirty (30) foot platted building line along the Edgewood Road frontage. JANUARY 31, 2011 ITEM NO.: 1 (CON'T.) The applicant is requesting three (3) variances with the proposed additions to the property. The first variance is from Section 36-254(d)(2) of the City's Zoning Ordinance. This section requires a minimum side yard setback of eight (8) feet for this R-2 zoned lot. As noted above, the proposed garage addition will be located approximately two (2) feet from the west side property line. The second variance is from Section 36-11(f). This section requires that encroachments into utility easements be reviewed and approved by the Board of Adjustment. A small portion of the heated/cooled connection between the proposed garage addition and house will cross the utility easement. The final variance is from Section 36-156(a)(2)c. This section requires that on double frontage lots accessory buildings be set back at least sixty (60) feet from each street fronting property line. The proposed pool house structure will be located thirty (30) feet back from the rear (north), street fronting property line. Staff is supportive of the requested variances. Staff views the request as reasonable. As noted previously, the property is comprised of six (6) platted single family residential lots. The overall building construction as proposed will occupy a small percentage of the total lot area. The proposed side setback as proposed for the new garage addition should provide adequate separation between it and the nearest structure to the west. The proposed garage addition will maintain the same side setback as the existing accessory structure. As noted in paragraph C., all of the public utility companies support the proposed encroachment into the utility easement. With respect to the pool house structure, it will maintain a setback from the north property line similar to the single family houses to the west. It will have the appearance of aligning with those homes. Staff believes the proposed garage addition and pool house structure are appropriate for the site and will have no adverse impact on the adjacent properties or the general area. E. Staff Recommendation: Staff recommends approval of the requested variances associated with the garage addition and pool house, subject to the following conditions: 1. Compliance with the Building Codes requirements as noted in paragraph B. of the staff report. 2. The garage addition and pool house must be constructed to match the existing house (similar/complimentary style and color). BOARD OF ADJUSTMENT: (JANUARY 31, 2011) Jim Yeary and Chuck Hamilton were present, representing the application. There was one (1) person present in opposition. Staff presented the application with a recommendation of approval. JANUARY 31, 2011 ITEM NO.: 1 (CON'T.) Jim Yeary addressed the Board in support of the application. He explained that the garage addition with heated/cooled connection to the house was needed for security purposes. Bill Coker addressed the Board in opposition. He expressed concern with the proposed side yard setback. He noted that the garage addition would block the view from his house to the northeast. There was a brief discussion of where Mr. Coker's house is in relation to the home in question. Vice -Chairman Smith explained that the proposed garage addition was adjacent to the lot north of Mr. Coker's lot, and not adjacent to Mr. Coker's lot. Mr. Yeary explained the construction of the proposed garage addition. These issues were discussed further. There was a motion to approve the application, as recommended by staff. The motion passed with a vote of 4 ayes, 0 nays, 0 absent and 1 open position. The application was approved. Yeary Lindsey Architects December 21, 2010 Dana Carney Little Rock Board of Adjustments Planning and Development I 723 West Markham , Little Rock, AR Re: Cliff & Kristen Lee Variance Request 5300 Sherwood Road Little Rock, AR Please find attached our submittal to the Little Rock Board of Adjustments requesting three variances with regard to the property at 5300 Sherwood Road. The new Owners wish to make several improvements to the current property which will require the Board's approval. They include.- 3 nclude: 3 Car Garage The existing 2 car detached garage was built in approximately 1927 and is insufficient. The interior dimensions of this structure, the maneuvering space and approach to it are not adequate to accommodate the Owner's vehicles. The existing location of this structure limits the potential for an addition to meet the need of a three car garage. Additionally, the structure is located upon a utility easement. The desire is to construct a new 3 car garage on axis with the current driveway. The center bay will allow a vehicle to pass through from Sherwood Road to Edgewood Road (2 garage doors). The eastern bay will have access from the south while the western bay will be accessible from the north. Due to the existing pool location, the design of the garage aligns with the west wall of the existing accessory structure which is approximately 2' from the property line. Due to security issues regarding the family, the Owner has requested an indoor connection from the garage to the main house. Because of these circumstances two variances will be required for the construction of the garage. A side yard variance is required since the garage will be considered inclusive to the main structure,.it will encroach upon the western 8'- 0" side yard setback. A utility easement variance is also required since the indoor connection will cross the utility easement. 3416 Old Cantrell Road Little Rock, AR 72902 501-372-5940 FX: 501-663-0043 Yeary Lindsey Architects 2. Pool House The current pool house is located to the northwest of the existing garage. As described above, this area is planned to become part of the new 3 car garage. Therefore, a new pool house located on axis with the existing pool is planned. This structure is shown to align with the existing stone wall which is located 30 feet from the Edgewood property line. Due to the fact that the property is considered by the City to have two front yards this accessory structure will require a setback variance. If you have any questions or need further information Please feel free to contact me. We appreciate your consideration of our request. Thank you, Sincerely, ',At�oh , A1A. Jim Yeary, AIA 3416 Old Cantrell Road Little Rock, AR 72202 501-372-5940 FX: 501-663-0043 JANUARY 31, 2011 ITEM NO.: 2 File No.: Z-8629 Owner: Chow Time Corp. — Little Rock Applicant: Thomas Pownall Address: 102 S. Rodney Parham Road Description: West side of S. Rodney Parham Road, South of W. Markham Street Zoned: C-3 Variance Requested: A variance is requested from the parking provisions of Section 36- 502 to allow construction of a new restaurant building with reduced parking. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Restaurant Building Proposed Use of Property: New Restaurant Building STAFF REPORT A. Public Works Issues: No Comments B. Landscape and Buffer Issues: Areas set aside for landscape and buffer appear to meet the City minimal standards. An automatic irrigation system will be required in conjunction with this application. C. Staff Analysis: The C-3 zoned property at 102 S. Rodney Parham Road is occupied by a one- story commercial building located within the north half of the property. Paved parking is located on the north, south and west sides of the building. The building previously housed a restaurant use, but is currently vacant. Access drives from S. Rodney Parham Road and Sunnymeade Drive serve the property. The applicant proposes to remove the existing building from the site and construct a new one-story restaurant building, as noted on the attached site plan. The proposed building will have an area of 12,416 square feet and be located within the same area of the property as the existing building. The applicant is proposing to utilize the two (2) existing access drives, and provide newly designed parking JANUARY 31, 2011 ITEM NO.: 2 (CON'T.) spaces on the north, south and west sides of the new building. A total of 114 parking spaces is proposed with the redevelopment. Currently there are 107 parking spaces on the site. The new parking design will provide increased perimeter and street buffers, with increased perimeter and interior landscaping. The applicant is requesting one (1) variance with the proposed property redevelopment. Section 36-502(b)(3)c. of the City's Zoning Ordinance requires a minimum of 124 paved parking spaces for the proposed restaurant building. Therefore, the applicant is requesting a variance to allow 114 parking spaces for the site. Staff is supportive of the requested parking variance. Staff views the request as reasonable. The applicant is providing 92 percent of the required parking spaces which should be sufficient to serve the proposed restaurant use. As noted previously, increased buffers and landscaping are being provided with the new parking designs. Without the increased landscaping, the applicant could easily provide ten (10) more parking spaces. Additionally, the site is located relatively close to the Midtown Design Overlay District (approximately one (1) mile to the east), which allows a development to have half of the parking spaces as typically required by ordinance. Staff feels that the amount of proposed parking will be sufficient to serve the new restaurant use. Staff believes the new restaurant construction will be a quality redevelopment of the site and have no adverse impact on the adjacent properties or general area. D. Staff Recommendation: Staff recommends approval of the requested parking variance, subject to compliance with the Buffer and Landscape requirements as noted in paragraph B. of the staff report. BOARD OF ADJUSTMENT: (JANUARY 31, 2011) 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 noes, 0 absent and 1 open position. 3810 LOOKOUT RD December 21, 2010 Mr. Monte Moore Zoning Administrator City of Little Rock 723 West Markham Little Rock, AR 72201 RE: Chow Time Restaurant Parking Variance Request Dear Mr. Moore: THOMAS ENGINEERING COMPANY NORTH LITTLE ROCK, AR 72116 (501) 753-4463 NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Submitted herewith is an application for a non-residential zoning request for the proposed Chow Time Restaurant located at 102 South Rodney Parham Road, Little Rock, Arkansas. The proposed building will have 12,416 square feet and will require 125 parking spaces by ordinance. The owner would like to request a variance of the required 125 spaces to 114 spaces. As can be seen on the preliminary site plan, we will utilize all of the available lot area while increasing the landscape area from the previous restaurant use. If you have any questions, please let me know. Sincerely, Thomas R. Pownall, P.E. Project Engineer TRP/a b FAX (501) 753-6814 JANUARY 31, 2011 ITEM NO.: 3 File No.: Z-8630 Owner: Parwinder Singh Applicant: Terry Burruss Address: 1007 Main Street Description: Lots 1 and 2 and part of Lot 3, Block 11, Original City of Little Rock Zoned: UU Variance Requested: Variances are requested from the development provisions of Section 36-342.1 to allow construction of an addition to an existing commercial building. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Building (Liquor Store) Proposed Use of Property: Commercial Building (Liquor Store) with addition STAFF REPORT A. Public Works Issues: 1. The radii for the driveway on Main Street is too large, and should be reduced to 10 feet. B. Landscape and Buffer Issues: Areas set aside for landscape and buffer appear to meet the City minimal standards. Street trees will be required along both Main Street and along E. 10th Street per the UU district requirements. These street trees must be irrigated with an automatic irrigation system. C. Staff Analysis: The UU zoned property at 1007 Main Street is occupied by a one-story block/brick commercial building. The property is located at the southeast corner of Main Street and E. 10th Street. Driveways from Main Street and E. 10th Street serve as access to the property. Paved parking is located on the north side of the building. A paved alley is located along the rear (east) property line. JANUARY 31, 2011 ITEM NO.: 3 (CON'T.) The applicant is proposing to remove a portion of the existing building (1,486 square feet) at its northeast corner, and construct a new addition (1,628 square feet) at the west end of the building, all noted on an attached site plan. The front door of the liquor store business which occupies the building will be on the building's north side, facing E. 10th Street. A new sidewalk with landscaping will be located along the north side of the building. A redesigned parking area will also be provided on the north side of the building. The existing driveway from Main Street will be shifted slightly to the north, with the existing driveway from E. 10th Street being closed. The paved alley will be utilized as a second access point. Eleven (11) parking spaces will be provided along the north property line. New landscaped areas will be constructed along the Main and E. 10th Street frontages. The street fronting facades (north and west) will have an EIFS finish with brick wainscot. Several new glass windows will be provided, with other panels to resemble windows. The east (alley) elevation will be concrete block construction. The applicant is requesting three (3) variances from the UU (Urban Use) zoning design standards for the proposed property redevelopment. The first variance is from Section 36-342.1(c )(7) of the City's Zoning Ordinance. This section requires that entrances to buildings in the UU district be at street level at the sidewalk. As noted above, the front door to the business will be located on the north side of the building, separated from the street by the parking area. The second variance is from Section 36-342.1(c )(8). This section requires that street fronting floors of non-residential structures have a minimum surface area of sixty (60) percent transparent or window display. The west elevation will have approximately eleven (11) percent window display, with 28 percent when the other panels are added. The north elevation will have approximately eleven (11) percent windows, and 20 percent when the panels are added. The building currently has no windows. The final variance is from Section 36-342.1(c )(10)b. This section requires that surface parking lots be located behind or adjacent to a structure, and not between the building and abutting street. As noted previously, the applicant plans to refurbish the existing parking area on the north side of the building, between the building and E. 10th Street. Staff is supportive of the requested variances from the UU district development standards. Staff views the request as reasonable. Staff feels that the applicant is proposing a quality redevelopment plan for this property, with updated building fagade and new landscaped areas. Many of the UU development standards are more pertinent to properties in the downtown area where there is a large volume of pedestrian traffic. This property is located on the outer edge of the UU district where pedestrian traffic is not as prevalent. As noted previously, the front door to the existing business is on the north side of the building, facing E. 10th Street, with an existing parking lot on the building's north side. The applicant is proposing to maintain those two (2) elements with the redevelopment. With respect to the percentage of window display, the existing building has no windows. The applicant is providing new windows on the portion of the building to be added. Staff believes JANUARY 31, 2011 ITEM NO.: 3 (CON'T.) the proposed property redevelopment will be an asset to the area, with no negative impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested variances from the UU district development standards, subject to the following conditions: 1. Compliance with the Public Works requirement as noted in paragraph A. of the staff report. 2. Compliance with the Landscape and Buffer requirements as noted in paragraph B. of the staff report. BOARD OF ADJUSTMENT: (JANUARY 31, 2011) 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 noes, 0 absent and 1 open position eueuo 614 CEIv i ER ST. LITTLE ROCK, AR 72201 IT LteurgLlss 501-376-3676 FAX 376-3766 A r c n t e c t design, planning and interiors December 21, 2010 go Mr. Monte Moore o Zoning and Enforcement Administrator Department of Planning & Development City of Little Rock 723 W. Markham Little Rock, AR 72201 RE: Warehouse Liquor 1007 Main Street Little Rock, Arkansas 72202 Dear Mr. Moore: Attached please find six (6) copies of the Site Plan and Survey on the above referenced project. We are proposing to add approximately 1,600 square feet to Warehouse Liquor along with demolition of approximately 1,486 square feet to the existing store. The existing structure has a total of 6,625 square feet with the "new total" with addition being 6,766 square feet. We are requesting a new curb cut on Main Street (while closing an existing curb cut on Main Street and 10' Street). A variance will be required for the location of the Main Street entry drive, the location of the entry door, and the amount of glass storefront. We appreciate your consideration on this request. If there are any questions or additional information is needed, please call. We can also be reached by email at tbadesignplanning@sbcglobal.net. Yours very truly, ------------ ------------ D 0 w O o H C U m a W Cr oUo W L) cn w w -Z Q = ,i W H WLZ Z Z F- 0 O N Z W H • cn O B O m � c� mo o < = L�m m W <o o w UJ Ll.l w m < =UCS LL Z_ _Z ------------ ------------ 0 w o H C m m a W Cr oUo L) cn w w -Z Q = ,i H WLZ Z Z iff C H z w m w z 0 w Q January 31, 2011 There being no further business before the Board, the meeting was adjourned at 2:22 p.m. Date: 2 Z ✓I� Chairman