boa_04 25 2011E
LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
APRIL 25, 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 March 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
LITTLE ROCK BOARD OF ADJUSTMENT
I. OLD BUSINESS:
A. Z-8642
II. NEW BUSINESS:
AGENDA
APRIL 25, 2011
2:00 P.M.
409 Rose Street
1.
Z -6383-A
9101 W. Markham Street
2.
Z-8648
5000 Hawthorne Road
3.
Z-8649
3 Greendale Court
4.
Z-8650
306 Center Street
5.
Z-8651
4701 Kavanaugh Blvd.
6.
Z-8652
8909 Mayflower Road
7.
Z-8653
700 S. Broadway
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APRIL 25, 2011
ITEM NO.: A
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
would increase to a height of eight (8) feet adjacent to the existing deck and steps
APRIL 25, 2011
ITEM NO.: A (CON'T.)
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.
Staff Update:
Public Works staff and the applicant met on the site to review the proposed fence
issue. Public Works submitted a revised plan to staff which they can support. The
revised plan locates the fence 24 feet back from the edge of pavement of "C"
Street. This puts the fence approximately 17 feet inside the front (south) property
line. The southwest portion of the fence will be angled back slightly (approximately
45 degrees) to aid in sight -distance at the intersection of Rose and "C" Streets.
The applicant has spoken with staff and revised the application according to the
Public Works revised plan. Staff continues to be non -supportive of the requested
fence variance because of the front yard relationship this property shares with the
houses immediately to the east along "C" Street.
APRIL 25, 2011
ITEM NO.: A (CON
BOARD OF ADJUSTMENT: (APRIL 25, 2011)
Donna Pinckley was present, representing the application. There were no objectors
present. Staff presented the application, noting that the applicant had amended the
application to move the proposed fence further inside the front (south) property line, as
described in the above "Staff Update". Staff noted that Public Works was supportive of
the revised application. Staff continued to be non -supportive of the application.
Donna Pinckley addressed the Board in support of the application. She explained that
the existing fence had been in place for many years and had caused no problems.
Vice -Chairman Smith explained that he had concerns with the proposed fence location
being within the front building setback area. Ms. Pinckley explained that by pushing the
fence further north, she would be loosing rear yard area.
Vice -Chairman Smith asked if the existing fence could be maintained. Ms. Pinckley
explained that the existing fence had been in place for 17 years and could be repaired
and maintained for a few more years, but that she would rather spend the money on a
new fence. Staff explained the difference between the existing fence and proposed
fence.
There was a motion to approve the application, as revised by the applicant. The motion
failed by a vote of 2 ayes, 2 nays, 0 absent and 1 open position. The application was
automatically deferred to the May 23, 2011 Board of Adjustment agenda.
:0,- A
-g6Lf2-
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 - 501.663.6893 • dpinckley@prodigy.net
APRIL 25, 2011
ITEM NO.: 1
File No.: Z -6383-A
Owner: Weingarten Realty
Applicant: Don Deering
Address: 9101 W. Markham Street
Description: Southwest corner of W. Markham Street and John Barrow Road
Zoned: C-3
Variance Requested: A variance is requested from the height provisions of Section 36-
301 to allow a new building fagade which exceeds the maximum allowed building height.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Commercial Strip Center
Proposed Use of Property: Commercial Strip Center
STAFF REPORT
A. Public Works Issues:
No Comments
B. Landscape and Buffer Issues:
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
Upon rehabilitation or building addition in the future the parking lot and associated
landscaping may need to be upgraded to meet minimal City Landscape and
Zoning Ordinance requirements.
C. Staff Analysis:
The C-3 zoned property located at 9101 W. Markham Street is occupied by a one-
story commercial strip center building with multiple tenants. The property is
located at the southwest corner of W. Markham Street and John Barrow Road.
There is a paved parking lot on the north side of the building along W. Markham
Street.
The center section of the building is occupied by PC Hardware/Light Innovations.
A new tenant, Ross Dress for Less, is planning to take over this space. With the
new tenant, the applicant is proposing to construct a new front building fagade only
APRIL 25, 2011
ITEM NO.: 1 (CON'T.)
along this center section of the building. The new building fagade will include
branding and architectural features used by Ross Dress for Less at other locations
across the country. The new building fagade will have a maximum height of 42
feet for the center section and 37 feet for the end sections, with the remainder
being the existing height. The current building facade has a height of 34 feet.
Section 36-301(d) of the City's Zoning Ordinance allows a maximum building
height of 35 feet for structures in C-3 zoning. Therefore, the applicant is
requesting a variance to allow the new building fagade with a maximum height of
42 feet.
Staff is supportive of the requested height variance. Staff views the request as
reasonable. The requested fagade height is only 20 percent greater than allowed.
The proposal will represent a quality improvement to the existing commercial
building. The proposed fagade enhancement will be similar in nature to the new
fagade recently constructed for the existing Kroger store a few blocks to the east at
W. Markham Street and Rodney Parham Road. Staff believes the proposed taller
fagade will have no adverse impact on the adjacent properties or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested building height variance, subject to a
permit being obtained for all construction.
BOARD OF ADJUSTMENT: (APRIL 25, 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.
kd-.'DA ... 1 R C-1
Member American Institute Of Architects
Chambliss Design Associates, Inc.
14403 Cornerstone Village Drive, Houston, Texas 77014
www.cdadrehitects.com
Voice 281-440-3301 Fax 281-440-3755 t
29 March 2011
City of Little Rock, Arkansas
Zoning Board of Adjustment Department
723 West Markham
Little Rock, AR 72201
Project: Proposed Ross at Markham Square S.C.
Subject: Request for Variance in Height
To Whom It May Concern:
We are requesting a Variance to the 35' Height Restriction in the current zoning for the above noted project. In
desiring to better serve the community, Weingarten Realty has signed a lease with a new tenant to bring new
life to the project. The new tenant is a nationally recognized brand, Ross Dress for Less, and would like to use
their nationally recognized branding and architectural standards at this location as they do in a large majority of
their projects. We would propose a maximum height of 42' for the Architectural Entry Tower Feature Only, as
the remainder of the building will stay at the current elevation of less than 25'. We feel that the higher
Architectural Element will help customers to locate the project thereby improving traffic visibility and flow..
The 42' tall tower is a Ross standard that has been installed in hundreds of locations across the country.
By granting this Variance Request we feel that there is no detriment to the appearance of the center, or to any
surrounding property or property owners. Furthermore, we feel that by granting this request the property will
be able to be more visible as it currently sits further back on the lot than the other commercial properties located
nearby.
In summary, we would like relief from the 35' Building Height requirement, to allow for Ross Dress for Less to
build their prototypical tower element of 42' high.
Thank you for your time and consideration,
Tamim El Haje, Architect
CDA Architects
F:\jobs\Weingarten\Markham Square\Ross Interior and Facade 11036\Word\L2o11-03-29 CDA -City BOA.doc
APRIL 25, 2011
ITEM NO.: 2
File No.: Z-8648
Owner/Applicant: William B. Sigler and Genie J. Sigler
Address: 5000 Hawthorne Road
Description: Northwest corner of Hawthorne Road and N. Jackson Street
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-254
to allow enclosure and extension of an existing carport with 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 5000 Hawthorne Road is occupied by a one-story frame
single family residence. The property is located at the northwest corner of
Hawthorne Road and Jackson Street. There is a two -car wide driveway from
Jackson Street which accesses a carport on the north end of the residence. An
enclosed storage area is located on the west side of the carport portion of the
residence. The carport/storage area is located approximately 5.5 feet back from
the rear (north) property line.
The applicant proposes to remove the carport section at the north end of the
residence, and construct an enclosed garage in its place. The proposed garage
addition will occupy the same foot print as the existing carport, with an additional
four (4) feet of building area extending toward Jackson Street. The proposed
garage addition will maintain the existing 5.5 foot rear setback. The proposed
garage will be located nine (9) feet back from the east street side property line.
The existing storage portion of the residence will remain.
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. Therefore, the applicant is requesting a
variance to construct a garage addition with the same 5.5 foot rear setback as the
existing carport and storage areas.
APRIL 25, 2011
ITEM NO.: 2 (CON'T.)
Staff is supportive of the requested variance. Staff views the request as
reasonable. The residential lot is relatively shallow as compared to other lots in
the area. The lot depth is 100 feet, with typical lot depths in this area of 150 feet.
Additionally, the residence immediately to the north is located approximately 24
feet back from the rear (north) property line of the lot in question. There is a
driveway located between the adjacent house and this rear property line.
Therefore, there are no issues with building separation. Staff believes the
requested rear setback associated with the garage 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
following conditions:
1. A building permit must be obtained for the construction.
2. The garage addition must be constructed to match the existing residence.
BOARD OF ADJUSTMENT: (APRIL 25, 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.
i
William B. Sigler
129 Normandy Road
Little Rock, AR 72207
March 10, 2011
Little Rock Board of Adjustment
RE: Residential Zoning Variance Application
5000 HAWTHORNE ROAD
We are requesting approval to remove our existing attached two -car carport
and replace it with a two car garage. The foot print of the new garage would be
unchanged except for an additional four feet eastward toward North Jackson
Street.
The driveway from the eastern edge of the existing carport is thirty two feet to
the Jackson Street curb and would be twenty eight feet after the garage is
completed.
We recently purchased this home and the current carport will require some
major repair and is shallow for two automobiles. We have had a garage for
many years and think an enclosed garage is much safer for both property and
people.
Sincerely,
William B. Sigler,
APRIL 25, 2011
ITEM NO.: 3
File No.: Z-8649
Owner/Applicant: James O. Weisman
Address: 3 Greendale Court
Description: Lot 31, Block 5, Hickory Ridge Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-254
to allow a screened porch and deck addition with 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 3 Greendale Court is occupied by a one-story brick and
frame single family residence. There is a two -car wide driveway from Greendale
Court which serves as access to the property. The lot contains a 25 foot front
building line. The existing house is located approximately 95 feet back from the
front (west) property line. The property has a fairly significant slope downward
from north to south.
The applicant proposes to construct a new screened porch and deck area on the
rear (east) of the existing residence, as noted on the attached site plan. The
proposed screened porch will be located 10 feet back from the rear (east) property
line. It will be located over 50 feet from the north and south side property lines.
The proposed deck area will be uncovered and unenclosed.
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. Therefore, the applicant is requesting a
variance to allow the screened porch/deck addition with a 10 foot rear (east)
setback.
APRIL 25, 2011
ITEM NO.: 3 (CON'T.)
Staff is supportive of the requested setback variance. Staff views the request as
reasonable. Because of the slope of the property, the existing residence was
located well behind the minimum required front setback of 25 feet. The residence
is approximately 95 feet back from the front (west) property line. The existing
houses to the north along Patriot Drive are located at a much higher elevation than
the subject property. The lowest finished floor elevation of the houses to the north
are approximately 10 to 20 feet higher. Additionally, also a result of the
topography, the property immediately east of this lot is undeveloped and wooded.
There are no structures within 130 feet of the proposed screened porch/deck
addition. Staff believes the requested rear setback 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
following conditions:
1. A building permit must be obtained for the construction.
2. The deck portion of the addition must remain uncovered and unenclosed.
BOARD OF ADJUSTMENT: (APRIL 25, 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.
March 9, 2011
Jimmy Weisman
3 Greendale Ct.
Little Rock, AR 72212
City of Little Rock
Planning & Development
723 West Markham
Little Rock, AR 72201
Dear Mr. Moore:
The purpose of this letter is to formally request permission to build
a screened porch within the 25 foot setback requirement. When
the house was built, the owner chose to angle the structure in such a
way that the side yard is actually the back. With the help of an
architect, we have determined that the only useful, practical and
aesthetically pleasing way to add on would be to build within the
setback. This would allow the porch to connect to the house in the
most practical and user friendly way. If the porch can be built as
requested, it will face the very back of a neighbors property that is
wooded, extremely sloped, never used and over 100' from their
house.
Thank you very much for your time and consideration.
Sincerely
Jimmy Weisman
APRIL 25, 2011
ITEM NO.: 4
File No.: Z-8650
Owner: Dyke Industries, Inc.
Applicant: Sarah Burr
Address: 306 Center Street
Description: Southwest corner of W. 3rd and Center Streets
Zoned: UU
Variance Requested: Variances are requested from the development provisions of
Section 36-342.1 (Urban Use District) in conjunction with construction of a new surface
parking lot.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant
Proposed Use of Property: Parking Lot
STAFF REPORT
A. Public Works Issues:
No Comments
B. Landscape and Buffer Issues:
Site plan must comply with the City's minimal landscape and buffer minimal
ordinance requirements.
Street trees are required along both Center Street and W. 34d Street per the Urban
Use District requirements.
The zoning ordinance requires an average six foot nine inch wide (6-9") street
landscape perimeter along the streets and in no case to be less than half. The
proposed backup area along West 3rd Street encroaches into this area
approximately two foot (2'). A variance from the City Beautiful Commission will be
required prior to the issuance of a building permit.
APRIL 25, 2011
ITEM NO.: 4 (CON'T.)
C. Staff Analysis:
The UU zoned property at 306 Center Street is currently vacant, with some site
work taking place. The property is located at the southwest corner of Center Street
and W. 3rd Street. A building which existed on the site was recently removed.
The applicant proposes to construct a new parking lot on the site, as noted on the
attached site plan. The new parking lot will serve Dyke Industries, which is located
in the office building at 309 Center Street (directly across Center Street to the
east). The lot will contain 20 paved parking spaces and be enclosed with a four (4)
to five (5) foot high ornamental iron fence, with vehicular entry and pedestrian
gates. The vehicular entry gate will be a rolling gate at the driveway entrance from
Center Street. The vehicular gate will remain open during business hours, 6:00
A.M. to 5:00 P.M. weekdays. The proposed parking lot will also be heavily
landscaped. The applicant is requesting two (2) variances from the UU District
development criteria with the proposed parking lot construction.
The first variance requested is from Section 36-342.1(c)(5)b. of the City's Zoning
Ordinance. This section requires street trees in the UU zoning district as follows:
b. Street trees a minimum of three-inch caliper shall be required
(type of trees as listed in landscape ordinance [chapter 15]). The
trees shall be located a minimum of two (2) feet off the back of a
curb and shall be thirty (30) feet on center and no closer than thirty
(30) feet to a street intersection with a water source provided. The
tree canopy shall be maintained at least eight (8) feet above the
sidewalk.
The applicant is requesting a variance from this ordinance requirement, as no
street trees can be located at this location based on existing utility lines located in
the right-of-way. At least two (2) of the utility companies will not allow placement of
the street trees.
The second variance is from Section 36-342.1(c )(10)b. This section states that
"surface parking is to be located behind or adjacent to a structure, never between
the building and abutting street." Dyke Industries is requesting the new parking lot
in order to provide a secure parking area for their employees, with the lot located
between two (2) buildings and the W. 3rd and Center Street rightsof-way.
Staff is supportive of the requested variances from the UU zoning district
development standards. Staff views the request as reasonable. Existing paved
surface parking lots are located across W. 3rd Street to the north, at the northeast
and northwest corner of W. 3rd Street and Center Street. Staff feels that the
proposed parking lot will be a quality addition to the area. The lot will be heavily
landscaped with a decorative iron fence with masonry columns. The proposed lot
is relatively small in size (only 20 spaces) and will be tucked in between two (2)
existing buildings. Staff believes the proposed parking lot will have no adverse
impact on the adjacent properties or the general area.
APRIL 25, 2011
ITEM NO.: 4 (CON'T.)
D. Staff Recommendation:
Staff recommends approval of the requested variances from the UU zoning district
development standards, subject to compliance with the City's Landscape and
Buffer ordinance requirements. Any variance from the Landscape Ordinance must
be approved by the City Beautiful Commission prior to issuance of a building
permit.
BOARD OF ADJUSTMENT: (APRIL 25, 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.
P. ALLEN SMI'M & ASSOCIATES
1,1411115C,11)(, cu f.'ardcn :iz'tit X71 d Co1150tation
1722 South Broadway
Little Rock, AR 72206
501-376-1894
Fax: 501-376-1896
ATTACHMENT `A'
Thursday, March 24, 2011
Board of Adjustments Variance Request descriptions for:
ADDRESS: 306 Center Street
Little Rock, AR 72201
9650
GENERAL LOCATION: Southwest corner of Center Street and 3rd Street
OWNER: Dyke Industries Inc.
DESCRIPTION: The UU Urban Use District provisions of Section 36-342.1,
paragraph(c)(10)(b) of the Little Rock Code of Ordinances to permit "Surface
parking to be located between 315 3rd Street (Brockington Building) and Center
Street, 308 Center Street (Lucky Dog Building) and 3rd Street." Requested parking
to be a private parking lot for 309 Center Street employees. The lot will be well
landscaped and enclosed by an ornamental metal fence approximately 4' to 5' in
height.
a. JUSTIFICATION: Strict enforcement of the requirement for no parking
between building and the street will eliminate the parking lot in its entirety.
i. The intent of the parking lot at 306 Center Street is to provide off-
street parking for Dyke Industries employees within 300 feet of the
office building at 309 Center Street.
ii. At present employees are required to park a distance from the
building. Allowing the construction of the private parking lot on this
site will provide a safe, well -lighted parking within "line of sight" to
the Dyke Industries employees working at 309 Center Street.
iii. Parking access shall enter and egress from Center Street, as it is a
collector street, thus limiting vehicular access to one minor street. No
entry or egress shall be required for 3rd street, a minor arterial.
2. DESCRIPTION: The UU Urban Use District provisions of Section 36-342.1,
paragraph (c)(5)(b) to permit "The waiver of the requirement for Street trees in the
existing paving 2' off the back of curb and 30 feet on center."
a. JUSTIFICATION: Strict enforcement of the requirement for street trees
within the public right-of-way will conflict with existing utilities, telephone,
fiber optic, water, and electric as investigated by the Public works
Department. The existing utilities will not allow for the installation of street
trees along 3rd Street and Center Street.
APRIL 25, 2011
ITEM NO.: 5
File No.: Z-8651
Owner/Applicant: Anna Freeland
Address: 4701 Kavanaugh Blvd.
Description: Lot 1, Block 5, McGehee Addition
Zoned: R-2
Variance Requested: A variance is requested from the fence provisions of Section 36-
516 to allow a fence which exceeds the maximum height allowed.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The R-2 zoned property at 4701 Kavanuagh Blvd. is occupied by a one-story brick
and frame single family residence. The property is located at the northwest corner
of Kavanaugh Blvd. and "O" Street. There is a two -car wide driveway from "O"
Street, with a carport at the east end of the residence. The rear yard area is
currently fenced with a four (4) foot high chain-link fence. There is a gravel alley
right-of-way along the rear (west) property line. A two (2) foot high masonry wall
also runs along the rear property line.
The applicant proposes to replace the existing chain-link fence with a six (6) foot
high wood fence, as noted on the attached site plan. The proposed fence will
enclose the small rear yard area. Along the rear (west) property line the fence will
be located on top of the existing masonry wall, for a height of eight (8) feet.
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 a street right-of-way, and six (6) feet elsewhere on the lot.
Therefore, the applicant is requesting a variance to allow the six (6) foot high wood
fence along the south side property line (between the 4.8 foot building setback and
"O" Street), and the eight (8) foot high wood fence/wall along the rear (west)
property line.
APRIL 25, 2011
ITEM NO.: 5 (CON'T.)
Staff is supportive of the requested fence height variance. Staff views the request
as reasonable. The proposed fence will not be out of character with other fences
located along rear and side property lines along "O" Street, which essentially
functions as an alley right-of-way. The proposed fence will enclose a relatively
small rear yard area. The proposed fence will align with the existing wood fence
which encloses the rear yard area of the residence immediately to the west. Staff
believes the proposed fence will have no adverse impact on the adjacent
properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested fence height variance, subject to a
permit being obtained for the fence construction.
BOARD OF ADJUSTMENT: (APRIL 25, 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.
4/01 Kavanaugh Blvd.
Little Rock, Arkansas 72207
March 28, 2011
Department of Planning and Development
723 West Markham
Little Rock, Arkansas
Subject: Request for Variance from the Requirements of the Zoning Ordinance for a Replacement Fence
on My Property
I am writing to request a variance from the requirements of the zoning ordinance for a replacement
fence on my property. I want to construct a six-foot fence on top of a two -foot high rock wall that runs
along the back of my property. I want to construct a six-foot fence on the two sides of my property and
on the front of the property. This fencing will serve as both a privacy fence and a safety fence.
My property is located on a corner in a heavily trafficked area that includes both pedestrian and car
traffic. Because so many cars and people pass behind, beside, and in front on my house, I have a
situation in which I need a taller fence so that I have privacy when I need it. Also, the fence would offer
safety for me and my property. Listed below are descriptions of the safety and privacy issues that have
caused me to request the variance:
• My backyard backs up to an active alley. The alley is the only access route for the driveways for
a number of houses. In addition the city sanitation trucks use this same alley to collect trash
,and recycled materials.
• My side yard contains a pedestrian concrete sidewalk that is traveled often. For example, Forest
Park Elementary School children walk home on "0" Street on the sidewalk beside my house.
There are so many children that use this route to get home that a hired school traffic attendant
directs traffic on the corner of my property to allow the children to cross Kavanaugh Boulevard.
• A school bus stop is located on "0" Street on the front corner of my property.
• "0" Street that runs beside my side yard is also the only two-way feeder street to Forest Park
Elementary School. The line of cars for parents dropping off their children in the morning and
picking up their children in the afternoon always lines up on "0" Street beside my property. The
afternoon back up of cars happens because the cars must pass through two stop signs
approximately sixteen feet apart before they can get on to Kavanaugh Boulevard. in addition
"0" Street narrows as it empties on to Crestwood. The two stop signs and the narrowing cause
the congestion.
Sincerely,
owvvf� ,"'
Anna Freeland
(H) 501-663-3008
(C) 501-786-0165
APRIL 25, 2011
ITEM NO.: 6
File No.: Z-8652
Owner/Applicant: Larry E. Case
Address: 8909 Mayflower Road
Description: South side of Mayflower Road, west of John Barrow Road
Zoned: R-2
Variance Requested: A variance is requested from the fence provisions of Section 36-
516 to allow a fence which exceeds the maximum height allowed.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The R-2 zoned property at 8909 Mayflower Road is occupied by a one-story brick
and frame single family residence. There is a one -car wide driveway from
Mayflower Road at the northeast corner of the property. The property is located on
the south side of Mayflower Road, west of John Barrow Road.
The applicant recently constructed a six (6) foot high wood fence within the front
yard area of the property, as noted on the attached site plan. The fence is located
approximately 20 feet back from the street curb, which puts it approximately 10
feet inside the front (north) property line. The fence extends from the west side
property line in front of the house to the driveway. There is also a partially
constructed six (6) foot high wood fence along the east side property line,
extending into the front yard area. Only the support posts and cross members
have been constructed (no pickets).
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 building setback lines and street
rights-of-way. Therefore, the applicant is requesting a variance to allow the six (6)
foot high wood fence to be located within the front yard area, between the 25 foot
front building setback and the Mayflower Road right-of-way.
APRIL 25, 2011
ITEM NO.: 6 (CON'T.)
Staff is not supportive of the requested fence height variances. The fence as
constructed within the front yard area is out of character with the neighborhood.
There are no similar types of front yard encroachments along either side of
Mayflower Road for its entire length from John Barrow Road to Deerbrook Road.
Staff feels that the fence should either be removed from the front yard area or cut
down to a height not to exceed four (4) feet, which would comply with ordinance
standards. Staff believes the six (6) foot high fence has a negative visual impact
on the adjacent properties and the overall area along Mayflower Road.
C. Staff Recommendation:
Staff recommends denial of the requested fence height variance.
BOARD OF ADJUSTMENT: (APRIL 25, 2011)
Staff informed the Board that the application needed to be deferred to the May 23, 2011
agenda based on the fact that the applicant failed to complete notifications to the
surrounding property owners. The item was placed on the Consent Agenda and
deferred to the May 23, 2011 agenda with a vote of 4 ayes, 0 nays, 0 absent and 1
open position.
ALEXANDER LAW FIRM
HUBERT W. ALEXANDER
MICAH NAIL LANE
CHRISTIAN C. ALEXANDER
March 28, 2011
Board of Adjustment
City of Little Rock
Planning and Development Department
723 West Markham Street
Little Rock, AR 72201
RE: Larry E. Case, 8909 Mayflower Rd.
Dear Board Members:
P.O. BOX 5239 -1500 W. MAIN
JACKSONVILLE, ARKANSAS 72078
(501)982-0525
FAX (501) 982-0000
e-mail - alexanderlaw@centurytel.net
Enclosed is an Application for Zoning Variance that is being filed on behalf of our client, Larry
E. Case, for his property at 8909 Mayflower Rd. Mr. Case is seeking a variance of Little Rock
Municipal Code §36-516 (e)(1)(a), regarding fence height requirements. Due to Mr. Case's
unusual lot size, for him to conform to the current regulation would require him to place the
current 6' fence only 1'6" from his front porch. Mr. Case feels that this height variance is
warranted for the safety and security of his person and property. Mr. Case has already had
numerous items stolen and damaged on his property. The unusual lot size allows him no other
way to safely protect himself and his property without violating the current ordinance that is in
place.
Thank you for your time in this matter and if you have any questions or problems please
feel free to contact my office.
Sincerely,
4 jr
Hubert W. Alexander
APRIL 25, 2011
ITEM NO.: 7
File No.: Z-8653
Owner: Gene Jennings
Applicant: Sean Miller
Address: 700 S. Broadway Street
Description: Southwest corner of W. 7th and Broadway Streets
Zoned: UU
Variance Requested: Variances are requested from the development provisions of
Section 36-342.1 (Urban Use District) in conjunction with construction of a new restaurant
facility.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Commercial Building
Proposed Use of Property: Restaurant with Drive-Thru
STAFF REPORT
A. Public Works Issues:
1. Conduct a traffic study to determine the impact of proposed traffic on City
streets prior to building permit application. Determine with the proposed
drive thru configuration, if vehicles will stack on City streets. If the proposed
drive thru design is not adequate then alternative should be provided. If you
have any questions, please contact Bill Henry at 379-1816.
2. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
B. Landscape and Buffer Issues:
Site plan must comply with the City's minimal landscape and buffer minimal
ordinance requirements.
The zoning ordinance requires an average nine foot wide street buffer along both
Broadway Street and 7th Street. This site is located within the designated "Mature
Area" of the city; therefore, the area can be reduced to six feet nine inches (6-9")
in width. The site is deficient along 7th Street. The site plan reflects three and one
half feet (3'-6") in width.
APRIL 25, 2011
ITEM NO.: 7 (CON'T.)
The landscape ordinance requires a nine foot (9'-0") wide perimeter landscaping
strip around the northern, southern, and eastern perimeters of the site. A variance
from this minimal amount will require City Beautiful Commission approval prior to
the issuance of a building permit.
Street trees are required along both Broadway Street and along W. 7th Street per
the Urban Use District requirements.
A franchise agreement with the City of Little Rock will be required in conjunction
with any/all amenities located within the public right-of-way.
C. Staff Analysis:
The UU zoned property located at 700 Broadway Street is occupied by a one-story
commercial building. The property is located on the southwest corner of Broadway
and W. 7th Street. The existing building occupies the entire property, with a paved
alley along the rear (west) property line. The existing building is occupied by a
restaurant -type use (east half) and an auto repair shop (west half).
The applicant proposes to remove the existing building and re -develop the site as
a restaurant use with drive-thru service. The development will include a 1,610
square foot restaurant building located within the south half of the property. Seven
(7) paved parking spaces will be located on the north side of the building along W.
7th .Street. Entry and exit drives will be located on the east end of the property from
Broadway Street. An exit drive will be located at the northwest corner of the
property. A drive-thru order board will be located at the west end of the building,
with a pick-up window on the south side of the building. An area of outdoor dining
will be located at the east end of the building. Landscaped areas will be provided
along Broadway and W. 7th Streets. A ground mounted sign will be located at the
northeast corner of the property. The ground sign will be approximately 33 feet
tall, with an area of approximately 81 square feet.
The applicant is requesting several variances from the UU zoning development
criteria of Section 36-342.1 of the City's Zoning Ordinance and Section 36-522
(buffer requirements). The requested variances are as follows:
1. Section 36-342.1(c)(3) states that no new drive-in or drive through
facilities may be visible or take directed access from a primary street. The
proposed drive-through located on the south side of the building will be
visible from Broadway Street. The order board for the drive-thru will be
visible from W. 7th Street
2. Section 36-342.1(c)5)b. requires installation of street trees along the
Broadway and W. 7t Street frontages. The applicant is proposing to
install no street trees, given the lack of room on this relatively small site.
3. Section 36-342.1(c)(8) states that ground -level floors of commercial
buildings have a minimum surface area of 60 percent transparent or
window display. The front (east) building elevation will comply with this
APRIL 25, 2011
ITEM NO.: 7 (CON'T.)
requirement. The north side building fagade (facing W. 7th Street) will
have approximately 40 percent window area.
4. Section 36-342.1(c)(10)b. states that surface parking lots must be located
behind or adjacent to a structure, never between the building and abutting
street. As noted previously, there will be a surface parking lot located
between the proposed building and W. 7th Street.
5. Section 36-342.1(c)(11) requires that any ground -mounted sign be
reviewed and approved by the Board of Adjustment. As noted previously,
the applicant is requesting a ground sign at the northeast corner of the
property, approximately 33 feet tall with an area of approximately 81
square feet.
6. Section 36-522(b)(3)b. requires a minimum street buffer of 6.75 feet along
W 7th Street. The applicant is proposing a 3.5 foot street buffer along W.
7th Street.
Staff is supportive of the requested variances. Staff feels that the proposed
redevelopment of the property is reasonable, given the location of the property.
The property is located near the fringe of the UU Zoning District, where the uses
become less pedestrian -oriented and more vehicular -oriented. Fast food
restaurants are located immediately south and east (across Broadway Street) of
the property. A convenience store is located to the south at the southwest corner
of Broadway and West 8th Streets. A drive-thru bank facility is also located to the
south at the northwest corner of West 8th and Broadway Streets. Additional fast
food restaurants with drive-thru service are located to the southeast (across
Broadway Street) and to the south at the intersection of W. 9th Street and
Broadway Street. Staff feels that the proposed redevelopment of the property is a
quality one, and will have no adverse impact on the adjacent properties or this
general area along Broadway Street, south of West 6th Street.
D. Staff Recommendation:
Staff recommends approval of the requested variances from the UU zoning district
and buffer standards, 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 Landscape and Buffer requirements as noted in
paragraph B. of the staff report.
3. Any variances from the Landscape ordinance requirements must be
approved by the City Beautiful Commission prior to application for building
permit.
4. A franchise permit must be obtained for any improvements (landscaping)
within the right-of-way.
APRIL 25, 2011
ITEM NO.: 7 (CON'T.)
BOARD OF ADJUSTMENT: (APRIL 25, 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.
JJROCKSM LLC.
4120 E. McCain Blvd. Suite 108
North Little Rock, AR 72117
(501) 554-2969
March 25, 2011
Subject: Non -Residential Zoning Variance Proposal.
Property Location: 700 Broadway (Corner of Broadway and 7"' South)
Proposed Redevelopment: Jimmy John's Gourmet Sandwiches
Company: JJROCKSM LLC.
JJROCKSM, LLC. (DBA - Jimmy John's Gourmet Sandwiches) is proposing a redevelopment project in
Downtown little rock to conduct business at the location of the corner of Broadway and 7th south. We are
requesting the following variances from the Urban Use development criteria.
Jimmy John's specialized in Gourmet Sub sandwiches make "Freaky Fast" from Fresh ingredients. We
offer "Freaky Fast" delivery within a certain radius of our location. Jimmy John's now offers 25 different
sandwiches and has over 1200 stores in 39 states. Jimmy John's has consistently opened almost 200 units
per year for the last three years, with an additional 1,500 or so units in the pipeline. About 95% of the
current restaurants are franchise -owned.
The existing structures will be removed and they are proposing building a stand-alone sandwich shop. The
site plan will call for a Drive-thru with Parking on-site as well as indoor and outdoor seating. Because of the
required designs for this layout, we have proposed the following adjustments to the Urban Use Zoning
Requirements in Section 36-342.1 for Downtown Little Rock:
Request # 1: Code 36-342.1 — Drive-thru variance
We are requesting the ability to have a drive-thru visible from the primary street location.
Request 42: Code 36-342.1
We are requesting exemption from the Street Tree requirements to allow for landscaping a tree development on site
Request 43: Code 36-342.1
We are requesting the ability to have parking in between the building and the street, visible to Broadway and 7th south.
Request #4: Code 36-342.1
We are requesting a Ground Mounted Sign to be places per Jimmy John's corporate. The sign will stand between 18
feet to 25 feet in height.
Request #5: Code 36-342.1
We are requesting a small reduction on the glass that will be visible from 7th south. We will be able to have more than
60% on the front fagade of the building, but on the 7th south side, it may only be 40-50% depending on Kitchen, and
bathroom space required on that side of the building
Regards,
S n Miller
JROCKSM LL .
Owner
Cell: (501) 554-2969
Fax: (501) 945-9501
smiller a,�jirocksm.com
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April 25, 2011
There being no further business before the Board, the meeting was adjourned at 2:21 p.m.
Date:
Chairman
Secreta