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boa_03 28 2011z LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES MARCH 28, 2011 2:00 P.M. 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 February 28, 2011 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 I LITTLE ROCK BOARD OF ADJUSTMENT AGENDA MARCH 28, 2011 2:00 P.M. I. OLD BUSINESS: Z -2737-A A. Z -5978-B 5023 Baseline Road B. Z -8069-A 5241 Edgewood Road C Z-8635 1015 Wright Avenue II. NEW BUSINESS: 1. Z -2737-A 2. Z-5481 -A 3. Z -7318-C 4. Z-8161 -C 5. Z-8638 6. Z-8641 7. Z-8642 1500-1520 Macon Drive 5820 Scenic Drive 521 President Clinton Avenue 1900 W. 3`d Street 1606 Blair Street 139 Hickory Creek Circle 409 Rose Street w a I- MNC y :' CI 1p �(SadAINn S / 3 0 h IddISSISSIN� ON LIIOAa3S3 1f m of I oa wM as z o HSUV w w �.10a ' ell as it 20 z � z �saNlads nay�lN � � � 1•sl z� - da s�Niads aaA30 '•i 1 � � ' •enaz N - 00 y Qa SyNow, NVQ 1 _X �I TERSTATE 53 — OES d�y1Sa31Nl j a °o Oa "all HSUV w w �.10a ' ell as it 20 z � z �saNlads nay�lN � � � 1•sl z� - da s�Niads aaA30 '•i MARCH 28, 2011 ITEM NO.: A File No.: Z -5978-B Owner: Felton Mattingly Applicant: Daniel Bartlett Address: 5023 Baseline Road Description: Southeast Corner of Baseline Road and Sunset Lane Zoned: C-3 Variance Requested: Variances are requested from the parking provisions of Section 36- 502 to allow construction of a new retail building with reduced parking, and the area provisions of Section 36-301 to allow a building with reduced street side setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Retail Building Proposed Use of Property: New Retail Building STAFF REPORT A. Public Works Issues: 1. Due to the proposed use of the property, the Master Street Plan specifies that Sunset Lane for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. B. Landscape and Buffer Issues: Areas set aside appear to meet with the City's Minimal Landscape and Buffer Ordinance requirements. C. Staff Analysis: The C-3 zoned property at 5023 Baseline Road is occupied by a one-story block and frame commercial building. The property is located at the southeast corner of Baseline Road and sunset Lane. The building previously housed a furniture sales business and is currently vacant. Driveways from Baseline Road and Sunset Lane serve as access to the property. There are 14 parking spaces on the north side of the building. The spaces have very little maneuvering area because of the past widening of Baseline Road. There is a creek/floodway area which runs along the MARCH 28, 2011 ITEM NO.: A (CON'T.) east side of the property. An existing ground -mounted sign is located at the northeast corner of the property. The applicant proposes to remove the existing building and redevelop the site for a Dollar General Store. The development will include a 9,230 square foot (one- story) commercial building located within the south half of the property, as noted on the attached site plan. A paved parking area for 26 vehicles will be located within the north half of the property, along Baseline Road. A driveway from Baseline Road at the northeast corner of the site will serve as access to the property. A dumpster and truck access area will be located on the east end of the building. Perimeter landscape and buffer areas are shown on the plan, as well as interior and building landscaping. The applicant is requesting two (2) variances for the proposed redevelopment. The first variance is from the parking provisions of Section 36-502(b)(3)a. of the City's Zoning Ordinance. This section requires a minimum of 30 parking spaces for the proposed commercial building. The applicant is proposing 26 parking spaces. Therefore, a variance from this section is requested. The second variance is from the area provisions of Section 36-301(e)(2). This section requires a minimum street side building setback of 25 feet along the west (Sunset Lane) property line. The proposed building will have a west street side setback of 15 feet -10 inches. The proposed building has been located closer to the west property line in order to provide a 25 foot building setback from the floodway which runs along the east side property line. Staff is supportive of the requested variances. Staff views the requested development as a quality redevelopment plan for this property. The buildable area for this property is significantly reduced because of the floodway and required floodway easement located within the east half of the property. This causes the proposed building to be shifted more to the west, with a reduced street side setback. With respect to the parking variance, the applicant is proposing 26 parking spaces which meets their specifications for parking to serve this size Dollar General Store building. The proposed parking represents only a thirteen (13) percent reduction from the ordinance requirement. The proposed parking plan is a much better situation than what exists on the site currently. Staff believes the proposed redevelopment plan for this property will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested parking and setback variances, subject to the following conditions: 1. Compliance with the Public Works requirements as noted in paragraph A. of the staff report. 2. Compliance with the City's Landscape and Buffer Ordinance requirements. MARCH 28, 2011 ITEM NO.: A (CON'T.) BOARD OF ADJUSTMENT: (MARCH 28, 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 nays, 0 absent and 1 open position. BARTLETT ARCHITECTURE, inn. Architects + Planners + Designers 603 Hwy. #5 North Benton, AR 72015 501-794-4448 February 28, 2011 ._ City of Little Rock Department Planning and Development ^ S Attn: Monty Moore 723 West Markham Little Rock, AR 72201 RE: Request for Variances - Proposed Dollar General, 5023 Baseline Road Dear Monty Moore, Please accept this letter to serve as our revised request for variances on the Proposed Dollar General at 5023 Baseline Road, Little Rock, AR 72209. Owner:PB General Holdings, LLC Agent: Daniel Bartlett, P.O. Box 22407 Bartlett Architecture Little Rock, AR 72221 603 Highway 5 North Benton, AR 72019 1. Request for a parking variance from the required thirty (30) parking spaces to (twenty-seven) 26 parking spaces. - Reason, the floodway reduces usable area for parking. 2. Request for a building setback variance along the West side of property from the current 25' Building Set -Back to a 15' Building Set -Back. - Reason, the floodway reduces usable area for building. Thank you for your time and consideration. If you should need any additional information in this matter, feel free to reach me at (501)794-4448. incerell , nieartlett, AIA MARCH 28, 2011 ITEM NO.: B File No.: Owner: Applicant: Address: Description: Zoned: Rod and Carrie Ford Jim Yeary 5241 Edgewood Road Lot 50-R, Prospect Terrace Addition R-2 Variance Requested: Variances are requested from the area provisions of Section 36- 254 to allow a building addition with reduced side and rear setbacks. 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: 1. Driveway must be five (5) feet off the property line within the City Right -of -Way extending to the street. A five (5) foot radial turn out shall be provided at the driveway apron. Please refer to Public Works Standard Detail PW -30 for reference. 2. Retaining wall greater than two (2) feet tall must be certified by a Professional Engineer. Contact Nathan Charles (501-918-5348) for explanation of the certification. B. Staff Analysis: The R-2 zoned property at 5241 Edgewood Road is occupied by a two-story rock and stucco single family residence. The property is located on the southeast corner of Edgewood Road and N. Harrison Street. There is a two -car wide driveway from N. Harrison Street which serves as access. A tennis court is located within the east half of the property. There is a swimming pool at the southeast corner of the residence. There is also a 30 foot platted building line running along the north (Edgewood) and west (Harrison) property lines. On June 26, 2006 the MARCH 28, 2011 ITEM NO.: B (CON'T.) Board of Adjustment approved rear setback and side platted building line variances associated with an addition to the rear (south) of the residence. The property is comprised of two (2) large platted lots (approximately 20,300 square feet). The applicant is proposing to construct a new two-story addition to the east side (over existing tennis court) of the existing residence, as noted on the attached site plan. The bottom level of the addition will include a three -car garage and covered porch area. The second level will be additional living space. The addition will provide approximately 8,600 square feet of total floor area (including garage), with a footprint of approximately 4,500 square feet. The proposed addition will be located five (5) feet back from the east side property line and 14.25 feet back from the rear (south) property line. It will be located approximately 36 feet back from the front (north) property line. A new circular driveway from Edgewood Road will access the proposed garage addition. The addition will be constructed to match the existing residence. 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. Section 36-254(d)(3) requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances form these ordinance requirements to allow the proposed building addition with reduced east side and rear setbacks. Staff is supportive of the requested side and rear setback variances. Staff views the request as reasonable, given the overall lot coverage and massing for other properties in this neighborhood. As noted previously, this lot has over 20,000 square feet of area. The existing house with proposed addition will occupy approximately 42.5 percent of the lot area. This will be compatible with other lots in this residential area. The proposed addition will be located approximately 36 feet back from the front (north) property line in order to align with the existing house. This pushes the addition further back on the lot, creating a reduced rear setback. The side setback of five (5) feet as proposed should allow ample separation between the addition and existing house to the east. Staff believes the proposed addition to the existing residence will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested setback variances associated with the building addition, subject to the following conditions: 1. The addition must be constructed to match the existing residence (similar style and color). 2. Compliance with the Public Works requirements as noted in paragraph A. of the staff report. MARCH 28, 2011 ITEM NO.: B (CON'T.) BOARD OF ADJUSTMENT: (FEBRUARY 28, 2011) Staff informed the Board that the applicant had requested the application be deferred to the March 28, 2011 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the March 28, 2011 agenda with a vote of 4 ayes, 0 nays, 0 absent and 1 open position. BOARD OF ADJUSTMENT: (MARCH 28, 2011) Staff informed the Board that the applicant submitted a letter on March 22, 2011 requesting the application be withdrawn. Staff supported the withdrawal request. The application was placed on the Consent Agenda and withdrawn with a vote of 4 ayes, 0 nays, 0 absent and 1 open position. Peary Lindsey Architects January 31, 2011 Dana Carney Little Rock Board of Adjustments Planning and Development 723 West Markham Little Rock, AR Re: Rod and Caroline Ford - Variance Request 5241 Edgewood Road Little Rock, Aft Dana, Please find attached our submittal to the Little Rock Board of Adjustments requesting two variances with regard to the property at 5241 Edgewood Road. The new property Owners wish to make improvements which include a new addition to the current structure. The new two story construction will include a new 3 car garage, shop area, playroom and a multi-purpose recreation area. The design provides a second level enclosed connection to the original house, while a covered porch area.links the two structures together at the ground level. In an effort to blend the addition into its surroundings, similar materials and architectural features have been incorporated in the design. Additionally, the new structure is located south of the north building line in order to align with the existing north face (front) of the residence. This placement has an added benefit of allowing a mature tree to remain in place. This tree, along with the extension of low stone planter walls, will enhance the addition by providing a buffer to the street. To achieve this, a variance is required to allow for the encroachment upon the 25' rear yard setback by a little over 10'. A second variance is requested to allow for adequate clearance from the east side of the existing swimming pool. A minimum of 6' is required. This will require that the new addition encroach upon the east side yard setback by approximately 3'. The impact of this encroachment is reduced due to an existing stone wall located along the property line, which is approximately 9' in height. 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, U Jim Yeary, AIA 3416 Old Cantrell Road Little Rock, AR 72202 501-372-5940 FX: 501-663-0043 MARCH 28, 2011 ITEM NO.: C File No.: Z-8635 Owner: Dr. Archie Hearne Applicant: Jeff Horton Address: 1015 Wright Avenue Description: Part of Lots 1 and 2, Block 25, Wright's Addition Zoned: R-4 Variance Requested: Variances are requested from the area provisions of Section 36- 256 and the parking provisions of Section 36-502 to allow construction of a new residence with reduced setbacks and reduced off-street parking. 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: 1. Parking is not allowed on Wright Avenue. 2. Garbage pick up is not allowed on Wright Avenue. 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. MARCH 28, 2011 ITEM NO.: C (CON'T.) C. Staff Analysis: The R-4 zoned property located at 1015 Wright Avenue is currently a vacant lot which is mostly gravel covered. The property is located on the south side of Wright Avenue, between Chester and Ringo Streets. The lot is comprised of part of Lots 1 and 2, Block 25, Wright's Addition. The lot is 2,640 square feet in area and is a legal lot of record, as it has existed in this configuration for a number of years. A house which previously occupied the lot has been removed. An existing overhead power line runs through the east portion of the property. The applicant proposes to construct a new two-story single family residence, as noted on the attached site plan. The proposed residence will have approximately 4,000 square feet of floor area, with a footprint of 2,000 square feet. The proposed residence will have a front (north) setback of 2.7 feet, rear setback of 2.3 feet, east side setback of 4.2 to 4.5 feet, and a west side setback of 3.5 to 4.1 feet. The proposed residence will occupy approximately 76 percent of the overall lot. Section 36-256(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for this R-4 zoned lot. Section 36-256(d)(2) requires minimum side setbacks (east and west) of 4.8 feet. Section 36-256(d)(3) requires a minimum rear setback of 25 feet. Section 36-502(b)(1) requires at least one (1) off-street parking space for the proposed residence. Therefore, the applicant is requesting variances from these ordinance requirements to allow the proposed residence with reduce setbacks form all property lines and no off-street parking. Staff is not supportive of the requested variances associated with the proposed residence. Although staff recognizes the fact that the lot of record has a very small substandard size, staff feels the proposed 76 percent lot coverage is too much in this instance. The proposed east and west side setbacks are within reason. However, the front and rear setbacks as proposed are somewhat less than desirable to provide even minimal yard areas. There is excess right-of-way along the south side of Wright Avenue adjacent to this lot, which will aid in the issue of reduced front setback, which staff feels should be more than 2.7 feet. The Building Codes regulations will allow no window or door openings on the front or rear walls, at the proposed setbacks. Staff also has concerns related to where the residents of the house will park and how garbage pick-up for the residence will be achieved. Additionally, the relocation of utilities which utilize the overhead power lines within the east portion of the property must be resolved. With additional front and rear setbacks, and resolution of the other concerns as stated, staff could possibly support construction of a new residence on this lot. D. Staff Recommendation: Staff recommends denial of the requested setback and parking variances, as filed. MARCH 28, 2011 ITEM NO.: C (CON'T.) BOARD OF ADJUSTMENT: (FEBRUARY 28, 2011) Staff informed the Board that the applicant had requested the application be deferred to the March 28, 2011 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the March 28, 2011 agenda with a vote of 4 ayes, 0 nays, 0 absent and 1 open position. Staff Update: The applicant submitted a revised site plan to staff on March 10, 2011. The revised plan reduces the size of the proposed residence from 4,000 square feet to 2,500 square feet, with a building footprint of 1,250 square feet. The smaller proposed residence is located within the west half of the property, 10 feet back from the existing overhead power line and 21 feet back from the east side property line. The proposed house will have a front (north) setback of two (2) feet, a west side setback of 1.4 to two (2) feet, and a rear (south) setback of three (3) feet. The applicant provides the following information with respect to the issues of parking and garbage pick-up: 1. Parking is not allowed on Wright Avenue. We have addressed the off street parking by providing a parking space for the new residence on the commercial lot owned by Dr. Hearne adjacent to the property at 1001 Wright Avenue. This agreement will be documented legally for future owners. 2. Garbage pick-up is not allowed on Wright Avenue. The Owner will walk the residential dumpster to Ringo Street for trash service." The applicant has also met with City Building Codes staff and notes the following: 1. We visited with Dave McClymont on the required fire separation distance prescribed by the building code and have enclosed a revised building plan to accommodate not only the overhead utilities but also the fire separation rated walls. The revised building will provide 2 sides (North and East) with unlimited openings and one side (South) with openings up to 25% of the total wall area. The building walls on the West and South side will be 1 hour rated on both sides." Staff is supportive of the revised site plan as presented by the applicant. Staff believes the applicant has resolved the outstanding issues as much as possible, given the small substandard size of this lot of record. The overall building coverage has been reduced from 76 percent to 47 percent, with a substantial increase in yard space. The Public Works Department will not allow a curb cut from Wright Avenue given the large volume of traffic which occurs on this street. The applicant will file a legal document to allow one (1) parking space on the adjacent commercial lot to be used by the homeowner. Although the applicant has not increased the proposed front or rear setbacks, staff can support the variances based on the fact that the applicant has worked out the issue of window/door openings and the fact that there is excess right-of-way for Wright Avenue MARCH 28, 2011 ITEM NO.: C (CON'T.) along the front property line. Staff believes the proposed single family residence as revised will have no adverse impact on the adjacent property or the general area. Revised Staff Recommendation: Staff recommends approval of the requested setback variances associated with the revised site plan, subject to the following conditions: 1. Compliance with the Public Works requirements as noted in paragraph A. of the staff report. 2. Compliance with the Building Codes requirements as noted in paragraph B. of the staff report. 3. A legal document must be filed providing one (1) parking space on the adjacent commercial property to the east for use by the owner/resident of this property. BOARD OF ADJUSTMENT: (MARCH 28, 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 nays, 0 absent and 1 open position. February 1, 2011— Mr. Monte Moore City of Little Rock Dept. of Planning and Development 723 West Markham Street Little Rock, AR 72201 Dear Monte: On behalf of our client, Dr. Archie Hearne, we are asking for a variance on the existing setbacks of the property located at 1015 Wright Avenue. This 48'-0" x 55'-0" lot is zoned R4 and has front and rear setbacks of 25'-0" with side setbacks of 4.8'. Our client desires to build a two- story single-family residence approximately 4,000 square feet with 2,000 square feet located on the first floor. In order to accommodate this request, we proposed a new residence located 2.7 feet from the front (north) property line, 2.3' from the rear (south) property line, 4.1' from the west property line and 4.2' on the east property line. The have enclosed 6 copies of a recent survey showing the proposed building location. We are currently working with the utility companies ie. Entergy, AT&T and Comcast to have the existing overhead services relocated. These utilities are located approximately 11'-0" from the east property line and it would help to relocate the existing utilities. If this can not be done, we will modify the proposed plan to accommodate the requirements. Please call us if there are any questions. Sincerely, Jeff Horton, AIA, LEED AP herron horton .,,' 11-I—- 1219 South Spring St. Little Rock, AR 72202 Phone 501.975.0052 Fax 501.372.7931 hh-architects.com March 10, 2011 Mr. Monte Moore City of Little Rock Dept. of Planning and Development 723 West Markham Street Little Rock, AR 72201 Re: Application Case No. Z-8635 Dear Monte: We have adjusted our submittal to address the city concerns stated in the February 28, 2011 Staff Report. Public Works Issues: 1. Parking is not allowed on Wright Avenue. We have addressed the off street parking by providing a parking space for the new residence on the commercial lot owned by Dr. Hearne adjacent to the property at 1001 Wright Avenue. This agreement will be documented legally for future owners. 2. Garbage pick-up is not allowed on Wright Avenue. The Owner will walk the residential dumpster to Ringo Street for trash service. Building Codes Comments: 1. We visited with Dave McClymont on the required fire separation distance prescribed by the building code and have enclosed a revised building plan to accommodate not only the overhead utilities but also the fire separation rated walls. The revised building will provide 2 sides (North and East) with unlimited openings and one side (South) with openings up to 25% of the total wall area. The building walls on the West and South side will be 1 hour rated on both sides. Please call us if there are any questions. Sincerely, Jeff n, AIA, LEED AP herron Norton 1219 South Spring St. Little Rock, AR 72202 Phone 501.975.0052 Fax 501.372.7931 hh-architects.com MARCH 28, 2011 ITEM NO.: 1 File No.: Z -2737-A Owner: Roach Limited Partnership #1 Applicant: Gary Roach Address: 1500-1520 Macon Drive Description: Lot 40, Charles Valley Subdivision Zoned: C-3 Variance Requested: A variance is requested from the sign provisions of Section 36-555 to allow a ground sign which exceeds the maximum area allowed. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Commercial STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The C-3 zoned property at 1500-1520 Macon Drive is occupied by an existing commercial strip center. The development consists of four (4) one-story brick commercial buildings. Two (2) driveways from Macon Drive serves as access to the property. Paved parking is located between the buildings and Macon Drive. The property has 280.914 linear feet of street frontage along Macon Drive. The applicant recently removed a 30 foot tall ground (pole) sign from the property and replaced it with a new sign. The old sign was 206 square feet in area. The new sign is a monument style sign, with a height of 25 feet and an area of 337.5 square feet. The top portion of the sign (94.5 square feet) will read "Macon Plaza" The lower portion will have spaces for each individual tenant. The sign is located within a landscaped area between the two (2) entry/exit drives from Macon Drive. Section 36-555(a)(2) of the City's Zoning Ordinance allows a maximum size height of 36 feet and a maximum sign area of 160 square feet, for signs in commercial zones. MARCH 28, 2011 Vrou[kL6ait(Eel "I Therefore, the applicant is requesting a variance to allow the newly constructed ground sign with an increased area of 337.5 square feet. Staff is not supportive of the requested sign area variance. Staff does not believe the request is reasonable. The sign is over double (211 percent) the maximum sign area allowed by ordinance. The applicant notes that there is slightly over 300 feet of linear street frontage for this property, which would allow two (2) ground signs with 160 square feet of area for each. The applicant is using the issue of combining the two (2) sign areas into one (1) as justification for the larger sign area. However, after conferring with a surveyor staff has determined that the actual street frontage is 280.914 linear feet. Therefore, staff is not in agreement with this justification and feels that the sign area should be reduced. C. Staff Recommendation: Staff recommends denial of the requested sign area variance, as filed. BOARD OF ADJUSTMENT: (MARCH 28, 2011) The applicant was present. There were no objectors present. Staff presented the application, noting that the applicant had amended the sign request. Staff noted that the applicant had reduced the size of the proposed sign to 243 square feet by removing the top seven (7) feet of the sign. Staff recommended approval of the revised application, subject to the following conditions: 1. A sign permit must be obtained for the sign. 2. The sign must be reduced to no more than 243 square feet within 30 days. The item was placed on the Consent Agenda and approved, as recommended by staff, with a vote of 4 ayes, 0 nays, 0 absent and 1 open position. 2� A go ni; I �✓ N •^f�at�f Y „� 7224 Rockwood Road Little Rock.., Arkansas 72207-1710 10 Phone (501) 804 - 5454 Fax (501) 246 - 4200 Date: March 1, 2011 Subject: Request for Sign Variance 1500, 1504, 1508, & 1512 Macon Drive Little Rock, AR 72211 Dear Board Members. We are requesting approval to up -date our Sign for Macon Professional Center. We would life to have one Sign of 340 Sq Ft rather than two Signs of 160ft. The 20 Sq Ft overage allows us square -up the Sign for a more aesthetic appearance. A single Sign in the middle, between our two entry point/exit points, would better serve our needs than two separate Signs. Our property sits alone and our Sign is located inside a curving street and does not obstruct any other property. Our Sign serves 4 Buildings and 27 RetaiMfice Tenants at this location. Our street frontage totals 309.091 linear feet The proposed Sign more clearly displays our Tenant Board to our visitors, whereas a large number of customers and clients were frequently asking if they were in the right place. Thank you for your consideration. Roach Limited Partnership #1 Gary Roach Managing Partner MARCH 28, 2011 ITEM NO.: 2 File No.: Z-5481 -A Owner: James T. and Amanda S. Ferstl Applicant: James T. Ferstl Address: 5820 Scenic Drive Description: Lots 5 and 6, Block 3, Park View Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow an addition with a reduced rear yard 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 5820 Scenic Drive is occupied by a two-story brick single family residence. The property is located on the north side of Scenic Drive, at its intersection with N. Grant Street. The property slopes downward from front to back (south to north). The residence is one-story as viewed from the front and two-story in the rear. There is a two -car wide driveway from Scenic Drive at the southwest corner of the property. The driveway accesses a detached garage at the west end of the residence. The applicant proposes to construct a two-story addition at the east end of the residence, as noted on the attached site plan. The proposed addition will have a foot print of approximately 1,000 square feet. The addition will be located 37.76 feet back from the front (south) property line. It will have a side setback (from east property line) ranging from 16.86 feet to 18.09 feet. The addition will be located 18.34 feet back from the rear (north) property line, maintaining the same rear setback as the existing residence. MARCH 28, 2011 ITEM NO.: 2 (CON'T.) Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear yard setback of 25 feet for this R-2 zoned lot. As noted above, the proposed addition will have an 18.34 foot rear yard setback. Therefore, the applicant is requesting a variance to allow the reduced rear yard setback. Staff is supportive of the requested setback variance. Staff views the request as reasonable. The proposed addition will maintain the same 18.34 foot rear setback as the existing residence. The existing lot is fairly shallow with a depth of 100 feet. Typical lot depths in this area are in the 140 to 150 foot range. The existing house is located 29.86 feet back from the front (south) property line, 4.86 feet further back than required by ordinance. These two (2) factors have resulted in the reduced rear setback. Additionally, the lots to the north are much deeper than the lot in question, with the residences having greater rear setbacks. Therefore, ample separation will exist between the proposed addition and the residences to the north. Staff believes the proposed building addition will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested rear setback variance, subject to the addition being constructed to match the existing residence (compatible color and style). BOARD OF ADJUSTMENT: (MARCH 28, 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 nays, 0 absent and 1 open position. Carney, Dana From: J.T. FerstlOtferstl@arkansasappraisers.com] Sent: Friday, February 18, 2011 10:17 AM To: Carney, Dana Cc: JT Ferstl Subject: Variance Cover Letter - 5820 Scenic Dana, Page 1 of 1 i I wish to request a variance to reduce the rear yard setback for an addition to my home located at 5820 Scenic Drive. I need the variance in order to line up the addition with the established rear yard setback. Given that the front yard setback is around 30 feet, and the side yard setback will be over 15 feet, I feel this request is reasonable. Please let me know if you have any questions or concerns. Thank you for your consideration. J.T. Ferstl, JD, MAI Affiliated Real Estate Appraisers 621 E. Capitol Avenue Little Rock, Arkansas 72202 jtferstl@arkansasappraisers.com 501:375.:1439 501.375.8317 (FAX) 2/18/2011 MARCH 28, 2011 ITEM NO.: 3 File No.: Owner: Applicant: Address: Description: Zoned: Z -7318-C First Security Bank, Courtyard by Marriott, Crews and Associates, Clinton and Sherman POA and Residential Condo Owners Don Winton, Crews and Associates 521 President Clinton Avenue Southwest corner of President Clinton Avenue and Sherman Street UU Variance Requested: Variances are requested from the sign provisions of Sections 36- 353 and 36-557 to allow signs in the River Market Design Overlay District. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Hotel/Bank/Office/Condos Proposed Use of Property: Hotel/Bank/Office/Condos STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The UU zoned property at 521 President Clinton Avenue is occupied by a 14 -story building which houses a bank, hotel, offices and residential condo units. The property is located at the southwest corner of President Clinton Avenue and Sherman Street. A parking deck is located on the south side of the building. The property is located within the River Market Design Overlay District. The building contains wall signage for First Security Bank and Courtyard by Marriott on all four (4) building facades. The applicant is proposing to locate a wall sign for Crews and Associates on the east, west and north building facades. The signs will be approximately 46.2 square feet in area and be located above the eighth floor windows on the east, west and north sides of the building. The signs will be internally lighted and extend five (5) inches from the building facade. MARCH 28, 2011 ITEM NO.: 3 (CON'T.) The applicant is requesting four (4) variances for the proposed wall signs within the River Market Design Overlay District. The first variance is from Section 36- 353(a)(1)h. and 36-557(a) of the City's Zoning Ordinance. These sections require that signs face public street right-of-way. The proposed wall sign on the east fagade does not have street frontage. The second variance is from Section 36-353(a)(2)f. This section prohibits internally lighted signs. All three (3) of the proposed wall signs will have internal lighting. The third variance is from Section 36-353(c)(1)a. This section allows the maximum sign location on a building not to extend above the second floor windowsill. As noted above, all of the proposed wall signs will be located on the building above the eighth floor windows. The final variance is from Section 36-353(c)(2). This section allows a maximum sign area of 25 square feet. The proposed wall signs will have an area of approximately 46.2 square feet. Staff is supportive of the requested variances. Staff views the request as reasonable. The signs as proposed will be compatible with other signs on this building and the overall River Market area. The signs will occupy a very minimal area of each overall building fagade. Additionally, the proposed signs, as well as the existing wall signs on this building, are designed to be seen from nearby areas and not the adjacent streets. Staff believes the proposed wall signs will be consistent with existing signage in the River Market area, and will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested sign variances, subject to the following conditions: 1. The signs must be approved by the River Market Design Review Committee. 2. Permits must be obtained for all signs. BOARD OF ADJUSTMENT: (MARCH 28, 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 nays, 0 absent and 1 open position. Little Rock Board of Adjustment MARCH 28, 2011 ITEM NO.: 4 File No.: Z-8161 -C Owner: Capital View Properties, LLC Applicant: Telly Noel Address: 1900 W. 3rd Street Description: North side of W. 3rd Street, East of Battery Street Zoned: C-3 Variance Requested: Variances are requested from the sign provisions of Sections 36- 557 and 36-555 to allow signs without street frontage and an awning sign which exceeds the maximum area allowed. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Lounge and Liquor Store Proposed Use of Property: Lounge and Liquor Store STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The C-3 zoned property at 1900 W. 3rd Street is occupied by a one-story commercial building. The west portion of the building is occupied by a liquor store. Twelve Modern Lounge recently moved into the east portion of the building. A driveway from W. 3rd Street serves as access to the property. There is paved parking on all sides of the building. Entry/exit doors to the lounge are located on the south and east sides of the building. Awnings are located over both doorways. The applicant placed signage on the face of both awnings to identify the lounge use. The awning sign on the east side of the building occupies approximately 70 percent of the awning face. The applicant is also proposing to place a four (4) foot by four (4) foot wall sign on the east wall of the building. The signs on the east side of the building will have no street frontage, but are located to be visible by west bound traffic on W. 3rd Street. The wall sign will be lighted. The applicant will also have signage on the front (south) wall of the building, facing W. 3rd Street. MARCH 28, 2011 ITEM NO.: 4 (CON'T.) Section 36-555(a)(2)b. of the City's Zoning Ordinance allows an awning sign area of up to 50 percent of the surface area of the awning. Section 36-557(a) requires that all wall signage face street frontage. Therefore, the applicant is requesting variances from these ordinance standards to allow the awning sign with increased coverage area and the wall sign without public street frontage. Staff is supportive of the requested sign variances. Staff views the request as reasonable. The property has a history of having signage on the east side of the building. It greatly aids in identifying the property to west bound traffic on W. 3rd Street. The signage as proposed is very minimal. The proposed wall sign (16 square feet) will occupy only 1.25 percent of the east fagade area. The proposed awning sign will occupy approximately 70 percent of an awning face having approximately 10 square feet. Staff feels the requested signage is consistent with past signs located on this building. Staff believes the requested signage will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested sign variances, subject to the following conditions: 1. Permits must be obtained for all signs. 2. No additional ground sign will be allowed on the property. BOARD OF ADJUSTMENT: (MARCH 28, 2011) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval, with conditions. With a vote of 4 ayes, 0 nays, 0 absent and 1 open position, the Board voted to waive their bylaws and accept the applicant's notification to surrounding property owners being completed three (3) days late. The item was placed on the Consent Agenda and approved, as recommended by staff with a vote of 4 ayes, 0 nays, 0 absent and 1 open position. Monty Moore, Tl--e�- .4 4 -Z- o6l-c Twelve Modern Lounge would like to request a variance to allow an awning with our logo to be placed on the east facing side of the venue located at :900 W. ;Ird St Utt � Rocl1 AR 7'"05 We do understand that a variance is required for this signage because it is not located on the side of the building with street frontage. We also are requesting that to place a 4x4 backlight sign that reads TWELVE: Modern Lounge on the building. Our building sits in an area that is isolated and completely invisible at dusk and we have found it nearly impossible to generate business in its current state. We thank you for your time and consideration in this process. Respectfully, „r Telly Noel, Ownei<�:) Twelve Modern Lounge Telly Noel Sr I COO the design group, "we're culturally connected" 400 w capitol suite 1802 little rock, arkaiisas, 7_'"_"4',1 o: 50)1.492.49)4)4) 1 f: 501.492.4 05 1 m: 501.837.9595 LeIIV@11des igm,rouLiarketin�!.coIII MARCH 28, 2011 ITEM NO.: 5 File No.: Z-8638 Owner: Amanda Ferrell and E.W. Swan Applicant: Ellen Yeary Address: 1606 Blair Street Description: Lot 2, Block 4, McGehee Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a stoop/step addition with 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 Anal The R-2 zoned property at 1606 Blair Street is occupied by a one-story brick and frame single family residence. The property is located on the west side of Blair Street, between "O" and "P" Streets. The house is in the process of being completely remodeled. There is a one -car wide driveway from Blair Street at the southeast corner of the property. As part of the remodeling project, the applicant proposes to construct a 4 foot -8 inch by 10 foot exit stoop with steps along the north side of the residence, as noted on the attached site plan. The stoop/step structure will be located approximately 10 inches from the north side property line. It will be approximately 24 inches above grade and be uncovered and unenclosed. The stoop will have a 30 inch high handrail and serve a new entry/exit door from the newly remodeled kitchen area. MARCH 28, 2011 ITEM NO.: 5 (CON'T.) Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side yard setback of 5.1 feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the proposed stoop/step structure with a 10 inch side (north) setback. Staff is supportive of the requested side setback variance. Staff views the request as reasonable. Staff support is based on the fact that the proposed structural encroachment is comprised of only a stoop/step structure which will be 24 inches above grade. The stoop/step structure will also be uncovered and unenclosed. If there were a wood fence along the north property line the stoop/step addition would not be visible from adjacent properties. Additionally, the adjacent house to the north is set back 10 to 11 feet from the dividing side property line, with a driveway between the two (2) houses. Therefore, adequate separation will exist between the structures. Staff believes the proposed stoop/step 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 side setback variance, subject to the stoop/step addition remaining uncovered and unenclosed. BOARD OF ADJUSTMENT: (MARCH 28, 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 nays, 0 absent and 1 open position. Yeary Lindsey Architects( March 1, 2011 Dana Carney Little Rock Board of Adjustments Planning and Development 723 West Markham Little Rock, AR 72201 Re: Ferrell/ Swan Residence 1606 Blair St. Little Rock, AR 72207 -T4- "4's -2 9639 Please find attached our submittal to the Little Rock Board of Adjustments requesting a zoning variance with regard to the property at 1606 Blair Street. The owners wish to build a stoop on the north side of the house. This will enable them to exit through a new door from their newly remodeled kitchen space and provide direct access to an outdoor patio area in their backyard. The original structure presently projects approximately 2-6" into the side yard setback to the north. We are asking to be allowed to construct this new stoop 1'8" further into the side yard within 10" of the north property line. This would result in a 4'-8" wide by 10'-0" long landing, approximately 24" above grade with +/- three 12" treads at steps down toward the west. We are proposing just an open landing with a 30" high handrail, there will be no new roof structure added above it. If you have any questions or need further information please feel free to contact me. We appreciate your serious consideration of our request. Sincerely, Ellen Yeary 3416 Old Cantrell Road Little Rock, Arkansas 72202 501-372-5940 Fax: 501-663-0043 MARCH 28, 2011 ITEM NO.: 6 File No.: Z-8641 Owner: Leigh Ann and Howard Wiechern Applicant: Leigh Ann Wiechern Address: 139 Hickory Creek Circle Description: Lot 55, Hickory Creek Addition Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36-516 to allow a fence with increased height. 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 139 Hickory Creek Circle is occupied by a two-story brick single family residence. The property is located at the southeastern corner of Hickory Creek Circle and Hickory Creek Drive. There is a circular driveway from Hickory Creek Circle and a three -car wide driveway from Hickory Creek Drive which provides access to a garage within the north end of the residence. There is an existing wood fence and iron fence which encloses the south side and rear yard area. The applicant proposes to remove the existing fences and replace them with a new wood fence, extending to the north property line along Hickory Creek Drive, as noted on the attached site plan. The fence will range in height from six (6) feet to eight (8) feet and be solid wood with brick columns or solid brick. The eight (8) foot high section will be along the rear (east) property line, because of the property's slope downward from front to back. MARCH 28, 2011 ITEM NO.: 6 (CON'T.) Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences located between a building setback line and a street right-of-way and six (6) feet for elsewhere on the lot. Therefore, the applicant is requesting a variance for that portion of the fence located between the 25 foot platted building line and the Hickory Creek Drive right-of-way, and that portion of the remaining fence which exceeds six (6) feet in height. Staff does not support the requested fence height variance, as filed. Given the fact that the lots immediately to the east along Hickory Creek Drive have a front yard relationship to this lot, staff cannot support a fence exceeding four (4) feet in height between the 25 foot setback and the Hickory Creek Drive right-of-way. Staff believes it is not appropriate for the eight (8) foot high fence to extend into the front yard area of the residence immediately to the east. Staff could support the application if the applicant were willing to locate the fence 25 feet back from the north street side property line and have it tie into the northeast corner of the house. C. Staff Recommendation: Staff recommends denial of the requested fence height variance, as filed. BOARD OF ADJUSTMENT: (MARCH 28, 2011) Howard and Leigh Ann Wiechern were present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Leigh Ann Wiechern addressed the Board in support of the application. She explained that a four (4) foot high fence would not be a sufficient height for fencing in their rear yard area. She noted that the property owners immediately to the east and across Hickory Creek Drive to the north had submitted letters in support of the fence variance. She amended the application to have a maximum fence height of six (6) feet between the building line and Hickory Creek Drive. The amendment was briefly discussed. Vice -Chairman Smith stated that the best option would be for the fence to be located on the building line and tie into the northeast corner of the house. He asked why the six (6) foot high fence between the building line and Hickory Creek Drive was needed. Mrs. Wiechern explained that the fence height was needed in order to keep their children from going into the street. She explained the speed limit and traffic issues in the neighborhood. She noted that the flattest portion of the rear yard area was between the building line and the Hickory Creek Drive right-of-way. Vice -Chairman Smith noted that he could not support the application, as proposed. MARCH 28, 2011 ITEM NO.: 6 (CON'T.) There was a motion to approve the application as amended by the applicant. The application failed with a vote of 0 ayes, 4 nays, 0 absent and 1 open position. The application was denied. February 12, 2011 Department of Planning and Development 723 West Markham Little Rock, AR 72201 Re: 139 Hickory Creek Circle Little Rock, AR 72212 e, 46 Please see the enclosed survey and accept this cover letter as a request to change the current zoning on our residential property. There is a considerable slope on the property that is one of the main reasons that a change is being requested. Also, there are several of the neighbors who repeatedly ignore the 25 mph speed limit and neighborhood stop signs. We have three children and are scared to death that someone texting/talking on their cell phones or simply disregarding the posted speed limits will not look out for our children playing in the yard. The proposed change would not interfere with the property lines and setbacks as recorded on the survey. The request is to extend a portion of a privacy fence from the six foot standard to an eight foot height for privacy, security; and safety. (See areas marked on yellow highlighter) The slope of the land drops approximately nine feet from the front property line to the rear property line. We have had a fencing contractor put a laser level on the proposed fence line to confirm this. For the curb appeal, we are planning on adding low lying landscaping on the exterior portion that is on the west side of the fence. For symmetry, the fence would continue along rear property line (or inset six inches for avoiding an encroachment) and up east side of property. Thank you for your time and consideration. MARCH 28, 2011 ITEM NO.: 7 File No.: Z-8642 Owner/Applicant: Donna Pinckley Address: 409 Rose Street Description: Lot 13, Block 1, Pinehurst Addition Zoned: R-4 Variance Requested: A variance is requested from the fence provisions of Section 36- 516 to allow a fence with increased height. 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: 1. In accordance with Section 32-8, no obstruction to visibility shall be located within a triangular area 50' back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications) at the intersection of Rose and "C" Streets. B. Staff Analysis: The R-4 zoned property at 409 Rose Street is occupied by a one-story frame single family residence with a lower garage level. The property is located at the northeast corner of Rose Street and "C" Street. The residence is located within the north half of the lot. There is a two -car wide driveway from Rose Street at the southwest corner of the residence. A paved alley is located along the north (rear) property line. The property slopes downward from back to front (north to south). The yard area south of the residence is currently fenced with a six (6) foot high wood fence along the west side property line and approximately 7 to 8 feet back from the front (south) property line. A short wire fence is located along the east side property line. The existing wood fence ties into the southwest corner of the residence and a short portion is eight (8) feet high adjacent to a desk/step structure. The applicant proposes to replace the existing wood and wire fences with a new six (6) foot high wood fence, as noted on the attached site plan. The wood fence Donna Pinckley 2/25/11 Monte Moore Department of Planning and Development 723 West Markham Little Rock, Arkansas Dear Mr. Moore, I'm applying for a variance to replace my wood privacy fence for my home located at 409 Rose Street, Little Rock. I have already in place a 6' wood privacy fence and would like to replace the existing fence with another wood privacy fence. I would like to replace the wood panels on top of the fence that goes along my deck. The reasons I have for applying for this variance is as follows: • I'm a single mom of a daughter that I would like to have more privacy and feel more protected. • In order to feel safer, I have large dogs that would jump the 4' fence allowed. • The taller fence along the deck is for dog containment and security reasons for my family. Thank you for your consideration. Sincerely, Donna Pir 409 Rose Street -Little Rock, AR 72205 - 501.653.6893 • dpinckley@prodiOV.net MARCH 28, 2011 ITEM NO.: 7 (CON'T.) would increase to a height of eight (8) feet adjacent to the existing deck and steps on the south side of the residence. The eight (8) foot high section would consist of a six (6) foot solid wood panel with two (2) feet of lattice on top. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum residential fence height of four (4) feet for fences located between a building setback line and street right-of-way, and six (6) feet elsewhere on a lot. Therefore, the applicant is requesting a variance to allow the proposed six (6) foot high wood fence along the west street side property line and within the south 25 feet of the lot (within the front building setback along "C" Street). The eight (8) foot section does not require a variance based on the fact that it appears to meet all building setbacks. Staff is not supportive of the requested fence variance, as filed. As noted in paragraph A. of the staff report, the Public Works Department requires the fence at the intersection to be located 50 feet back from the southwest corner of the lot, within a triangular area. This is a sight/distance requirement as per Section 32-8 of the Code. Additionally, given the fact that the houses immediately east along "C" Street have a front yard relationship to this lot, staff cannot support a six (6) foot high fence within the south 25 feet (front yard setback) of the lot. The existing six (6) foot high wood fence is non -conforming, and can be repaired/maintained. However, if it is taken down it cannot be replaced without complying with the ordinance requirements. C. Staff Recommendation: Staff recommends denial of the requested fence height variance, as filed. BOARD OF ADJUSTMENT: (MARCH 28, 2011) The applicant was present. There were no objectors present. Staff explained that the applicant had agreed to defer the application to the April 25, 2011 Agenda in order to meet with Public Works personnel and discuss options for the proposed fence. The item was placed on the Consent Agenda and deferred to the April 25, 2011 agenda with a vote of 4 ayes, 0 nays, 0 absent and 1 open position. • LJ 0 0 U W W H 0 I— z W H i a LL 0 0 a 0 m LIN F- 0 Q d z w U) m Q W Q z ER W a 5 T TNA J f� ev O 117 Z�L Cz OM �d RW G = W N Q -) 0 W � z <�o o cn W W z = LL LU w � m Q .. = W L CO 4mL N uj Q O W W m Q IUCD = LL z_ z_ LIN F- 0 Q d z w U) m Q W Q z ER W a 5 J f� O m OM �d RW G = W N Q -) 0 W � z <�o o cn W W z = LL LU w � z z 2i U) 3: LIN F- 0 Q d z w U) m Q W Q z ER W a March 28, 2011 There being no further business before the Board, the meeting was adjourned at 2:22 p.m. Date: Chairman