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LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
JULY 26, 2010
2:00 P.M.
Roll Call and Finding of a Quorum
A Quorum was present being five (5) in number.
II. Approval of the Minutes of the Previous Meetings
The Minutes of the June 28, 2010 meeting were
approved as mailed by unanimous vote.
III. Members Present: Robert Winchester, Chairman
Scott Smith, Vice Chairman
Leslie Greenwood
Rajesh Mehta
Brad Wingfield
Members Absent: None
City Attorney Present: Cindy Dawson
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
JULY 26, 2010
2:00 P.M.
OLD BUSINESS:
A. Z -8184-A 17846 Colonel Glenn Road
B. Z-8566 122 Rice Street
II. NEW BUSINESS:
1. Z-8571 415 E. 8t" Street
2. Z-8572 2117 S. Ringo Street
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JULY 26, 2010
ITEM NO.: A
File No.: Z -8184-A
Owner: Hector Hortelano and Laura Alvarez
Applicant: Hector Hortelano
Address: 17846 Colonel Glenn Road
Description: Northwest Corner of Colonel Glenn Road and Winsome Drive
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 31-156
to allow an accessory building which exceeds the size of the principal structure.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The R-2 zoned property at 17846 Colonel Glenn Road is occupied by a 16 foot by
56 foot manufactured home. The property is located at the northwest corner of
Colonel Glenn Road and Winsome Drive. The property consists of two (2)
separate parcels (real estate records), but is considered one (1) zoning lot as per
the City's Zoning Ordinance definition. There is a gravel driveway from Colonel
Glenn Road which serves as access to the residence. The property is located out
of the Little Rock City Limits, but within the City's extraterritorial zoning jurisdiction.
On March 26, 2007 the Board of Adjustment granted a variance from Section 36-
156(a)(2) of the City's Zoning Ordinance to allow construction of a 40 foot by 50
foot metal accessory building on the property, as noted on the attached site plan.
The proposed accessory building was to be located over 90 feet back from the
front (south) property line. The accessory building was proposed to serve as
storage for the existing residence and will aid in storing materials and tools when
the applicants construct a new home on the lot in the future. The previous Board
JULY 26, 2010
ITEM NO.: A (CON'T.)
of Adjustment approval expired after two (2) years since the applicant did not begin
construction of the accessory building. Therefore, the applicant is back before the
Board of Adjustment asking that the variance be again approved. Some site work
has recently takes place on the site where the accessory building is proposed.
Section 36-156(a)(2) of the City's Zoning Ordinance requires that accessory
buildings or structures be subordinate to the principal structure on the lot and
contain less gross floor area. Therefore, the applicant is requesting a variance to
allow the 2,000 square foot accessory structure on the lot with an 896 square foot
principal structure. The proposed accessory structure meets/exceeds all other
setback requirements.
Staff is supportive of the requested variance. Staff views the request as
reasonable, as the proposed metal storage building/garage will not be out of
character with the general area. There are numerous large storage buildings,
barns, etc. in this general area along Colonel Glenn Road. The proposed structure
and residence represent a very minimal coverage of this two (2) acre property. As
noted in the applicants' letter, there are plans to construct a larger single family
home in the future. Staff believes the proposed accessory structure will have no
adverse impact on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested accessory structure variance, subject
to the following conditions:
1. The accessory structure will be for the use of persons residing in the
principal structure only. It cannot be rented out, or used as a
dwelling or in conjunction with a business.
2. The accessory structure must be located at least 90 feet back from
the front (south) property line to allow for future right-of-way
dedication.
BOARD OF ADJUSTMENT: (JUNE 28, 2010)
The applicant was not present. There were no objectors present. Staff noted that the
applicant had not completed the required notifications to surrounding property owners.
Staff recommended the application be deferred to the July 26, 2010 agenda. The item
was placed on the consent agenda and deferred to the July 26, 2010 agenda. The
vote was 5 ayes, 0 noes and 0 absent.
JULY 26, 2010
ITEM NO.: A (CON'T.)
BOARD OF ADJUSTMENT: (JULY 26, 2010)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as noted in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent.
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June 18, 2010!
20701 Colonel Glenn Road
Little Rock, Arkansas 72210
Mr. Dana Carney
Zoning and Subdivision Manager
Little Rock Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201
Dear Mr. Carney:
It is my understanding that the Little Rock Planning Commission, Board of
Adjustment has received an application for a zoning variance at 17846 Colonel
Glenn Road. Thus, I am writing this letter to request that this application be denied
as the proposed plan to construct a massive metal storage building behind a mobile
home will not only be unsightly to area residents but may also adversely affect
property values and fixture development along Colonel Glenn Road.
My husband and I have lived on Colonel Glenn Road since 1985 and when the
Little Rock Planning Commission instituted zoning regulations in the extra-
territorial region of Little Rock, I met with Mr. Walter Malone and various other
officials with the Planning Department who assured me that zoning standards
would be enforced. If this location, which is at the intersection of Colonel Glenn
and Winsome Drive, has been zoned for single family residential, then so be it.
Would the Board allow anyone to build a massive metal building in a residential
area like the Heights or in a Chenal neighborhood? Would you want to live next
door to someone who built a warehouse on a residential lot?
Most of the residents of Colonel Glenn Road that a great deal of pride in their
homes and property and it would be a shame for the Board to set lower standards
for this area of west Pulaski County. Thus, I urge the Board to deny this
application.
Sincerely,
Sandy r
JULY 26, 2010
ITEM NO.: B
File No.: Z-8566
Owner: Pearl, LLC
Applicant: David Pearlstein
Address: 122 Rice Street
Description: Lot 8, Block 4, Capitol View Addition
Zoned: R-4
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-4 zoned property at 122 Rice Street contains a one-story frame single family
residence. The property is located at the northwest corner of Rice Street and W.
2nd Street. There is a gravel driveway from W. 2nd Street which serves as access to
the property. The property slopes downward from back to front (west to east). The
front yard area of the lot is approximately four (4) to five (5) feet above the grade of
Rice Street.
The applicant recently constructed a wood fence along the front (east) and south
side property lines, as noted on the attached site plan. The fence varies in height
and steps down with the slope along the south property line. The portion of the
fence which is in the front yard area is constructed of three (3) to four (4) feet of
solid wood with approximately two (2) feet of lattice -type woodwork (non-opaque)
on top. The fence along the south side property line is six (6) to eight (8) feet in
height with similar construction to the portion in the front yard area. The vast
majority of the fence along the south property line is six (6) to seven (7) feet in
height. It only nears the eight (8) foot high mark near the southeast corner of the
lot.
JULY 26, 2010
ITEM NO.: B (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 street
front or side property line, and six (6) feet elsewhere on a single family lot.
Therefore, the applicant is requesting a variance to allow those portions of the
fence which are located between the building setback lines and the street side
property lines to exceed the maximum height allowed.
Staff is supportive of the requested fence height variance. Staff views the request
as reasonable. The yard elevation along where the fence is located is several feet
above the grade of the adjacent streets. This gives the fence the appearance that
it is taller than it actually is. Additionally, the new fence is not out of character with
other fences in the general area. The property immediately to the south across W.
2nd Street recently received a variance to allow an eight (8) foot high fence along
the street side property line. Staff believes the new fence is a nice improvement to
the property and 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
building permit being obtained for the fence construction.
BOARD OF ADJUSTMENT: (JUNE 28, 2010)
The applicant was not present. There were no objectors present. Staff noted that the
applicant had not completed the required notifications to surrounding property owners.
Staff recommended the application be deferred to the July 26, 2010 agenda. The item
was placed on the consent agenda and deferred to the July 26, 2010 agenda. The
vote was 5 ayes, 0 noes and 0 absent.
BOARD OF ADJUSTMENT: (JULY 26, 2010)
The applicant was not present. There were no objectors present. Staff noted that the
applicant had not completed the required notifications to surrounding property owners.
Staff recommended the application be deferred to the August 30, 2010 agenda. The
item was placed on the consent agenda and deferred to the August 30, 2010 agenda.
The vote was 5 ayes, 0 noes and 0 absent.
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JULY 26, 2010
ITEM NO.: 1
File No.: Z-8571
Owner: John C. Pagan and Heather Rhodes -Pagan
Applicant: John C. Pagan
Address: 415 E. 8th Street
Description: West 1/3 of Lots 11 and 12, Block 60, Original City of Little Rock
Zoned: R -4A
Variance Requested: A variance is requested from the area provisions of Section 36-
342.2 to allow a building 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:
1. Measures to control the increase in stormwater runoff from the increased
impervious surface should be implemented to not damage adjacent property.
B. Staff Analysis:
The R -4A zoned property at 415 E. 8th Street is occupied by a one-story frame
single family residence. There is a paved alley located along the west side
property line. The property is made up of the west one-third of two platted lots
(Lots 11 and 12, Block 60, Original City of Little Rock). The property contains no
platted building lines or easements.
The applicant proposes to construct a one-story addition to the rear of the
residence, as noted on the attached site plan. The addition will be approximately
19 feet by 27.8 feet in area and located 11.3 to 11.5 feet back from the rear (south)
property line. The addition will be for a new master bedroom/bath. The addition
will be constructed to match the existing residence.
Section 36-342.2(d)(3) of the City's Zoning Ordinance requires a minimum rear
setback of 25 feet for this R -4A zoned lot. Therefore, the applicant is requesting a
variance to allow the room addition with a rear setback of 11.3 to 11.5 feet. The
JULY 26, 2010
ITEM NO.: 1 (CON'T.)
applicant notes that the one-story addition is proposed due to health reasons which
prohibit a second story addition to the existing residence.
Staff is supportive of the requested rear yard setback variance. Staff views the
request as reasonable, due primarily to the shallow depth of the lot. The lot is only
100 feet deep and comprised of small pieces of two (2) platted lots. The typical lot
depths in this area is approximately 150 feet. If the lot were closer to the typical lot
depth in the downtown area, the rear setback would not be an issue. Staff
believes the building addition with reduced rear setback will have no adverse
impact on the adjacent properties or the general area. The property is located in
the MacArthur Park Local Ordinance Historic District. The proposed addition to the
rear of the house is not subject to the review process of the Historic District
Commission since it will not be visible from E. 8th Street.
C. Staff Recommendation:
Staff recommends approval of the requested rear setback variance, subject to the
following conditions:
1. Compliance with the Public Works comment as noted in paragraph A. of
the staff report.
2. The building addition must be constructed to match the existing residence.
BOARD OF ADJUSTMENT: (JULY 26, 2010)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as noted in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent.
Heatherand John Pagan-.�
42o East Eighth Street
Little Rock, Arkansas 72202
To Whom It May Concern:
I, John Pagan, am filing a request for a variance in residential
zoning. I have the need to develop an addition to my home located
at 415 East 8'�' Street. I have spoken with Brian Minyard, of the
historical district commission; they have cleared me to apply for
this variance due to the need for an addition to be added on to the
back of my home. Therefore, this structure will not affect the
overall look of the home from the street. It is required that I build
this addition due to our medical needs. My wife and I require a
one story house with no stairs. My current residence has stairs. I
am diabetic, I have diabetic neuropathy. This condition causes
multiple issues with my feet. It is difficult for me to navigate
stairs. My wife is on dialysis. In her weakened condition it is not
easy for her to get around outside of the bedroom.
I need the room to be about 20x22"+ in order to accommodate a
master bedroom that will house her medical equipment and
provide her a sufficient amount of room for a living area, as well as
allow space for a bathroom. Enclosed you will find pictures and
supporting documentation.
J
JULY 26, 2010
ITEM NO.: 2
File No.: Z-8572
Owner: Marcus and Devita Crouther
Applicant: Wayne Turner
Address: 2117 S. Ringo Street
Description: Part of Lots 3 and 4, Block 28, Weldon E. Wright's Addition
Zoned: R-4
Variance Requested: Variances are requested from the area provisions of Section 36-
256 and the design provisions of Section 36-370 to allow the reconstruction of a single
family residence with reduced front setback and a stucco exterior.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residence Under Construction
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The R-4 zoned property at 2117 S. Ringo Street is occupied by a two-story single
family residence which is under reconstruction. The residence which previously
occupied the site was removed with the exception of floor joists. The residential
structure which is being reconstructed occupies the same foot print as the previous
structure, with the exception of the rear portion which was expanded. The front
porch (unenclosed) section of the residence is located 14 feet back from the front
(west) property line. The front wall of the residence has a 21.5 foot front setback.
The front steps, which are also in the same location as steps for the previous
residence, will be approximately 10 feet back from the front property line. There is
an existing one-story accessory storage building with stucco exterior located in the
rear yard area. The applicant is proposing a stucco exterior for the new
reconstructed residence. There is also an alley along the rear (east) property line.
A new driveway from the alley will be constructed to access a garage on the rear of
the residence.
JULY 26, 2010
ITEM NO.: 2 (CON'T.)
Section 36-256(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 for feet for this R-4 zoned lot. Section 36-370(2), Central City
Redevelopment Corridor -Design Overlay District, requires that the materials of the
exterior shell of buildings be wood, brick or a material that resembles wood.
Therefore, the applicant is requesting variances from these ordinance standards to
allow reconstruction of the residence with a reduced front setback and stucco
exterior.
Staff is supportive of the requested variances. The proposed residence with
reduced front setback and stucco exterior will not be out of character with other
structures in this neighborhood. The area contains a wide range of housing styles
and sizes, with varying setbacks. The requested front setback will be similar to,
and align with, other houses to the north and south along Ringo Street. With
respect to the proposed stucco exterior, there are several houses within a three (3)
block radius with exteriors of stucco or partial stucco. The homes within this
neighborhood contain a wide variety of exterior applications including wood siding,
metal siding, asphalt shingle -type siding, brick, rock, stucco, and combinations of
these exteriors. The Central City Redevelopment Corridor -Design Overlay District
was established after a tornado in 1999 to see that new construction be
"compatible with the established neighborhood." Staff believes the proposed
construction achieves the level of compatibility intended by the ordinance.
Additionally, staff feels that the proposed residence will be a quality addition to the
neighborhood, and one that may encourage and initiate improvements on other
properties. Staff believes the proposed residence with reduced front setback and
stucco exterior will have no adverse impact on the surrounding properties or the
neighborhood.
C. Staff Recommendation:
Staff recommends approval of the requested variances, subject to the following
conditions:
1. The porch must remain unenclosed on its north, south and west sides.
2. The front steps must remain uncovered and unenclosed.
BOARD OF ADJUSTMENT: (JULY 26, 2010)
Wayne Turner was present, representing the application. There were no objectors
present. Staff presented the application with a recommendation of approval.
Wayne Turner addressed the Board in support of the application. Vice -Chair Smith
noted that he only objected to the proposed dryvit-type exterior material. He asked why
this type of exterior finish was chosen. Mr. Turner noted that the owners preferred the
appearance of the dryvit-type exterior finish and explained that it was energy efficient.
He noted that it would look just like stucco.
JULY 26, 2010
ITEM NO.: 2 (CON'T.)
Vice -Chair Smith discussed the differences between stucco and the proposed dryvit-
type exterior. He noted that the overlay district does not include dryvit-type materials as
approved materials.
There was a motion to approve the application as recommended by staff. The motion
passed by a vote of 4 ayes, 1 nay and 0 absent. The application was approved.
TURNER & DUNCAN -` "5 7
DESIGN & CONSTRUCTION, LLC
HOT SPRINGS, AR 71913
(501) 538-0993
June 25, 2010
Site Address: 2117 Ringo Street
Little Rock, AR
Builder: Turner & Duncan Design & Construction, LLC
License 9 0206100910
Owners: Marcus & Deveta Crouther
To Whom It May Concern,
We are asking for a variance to allow us to re -construct a front porch to its original "foot
print" on the home currently being renovated at 2117 Ringo Street. We tried to save as much as
the structure as possible. The porch was in such poor condition and needing foundation work,
we tore it down, assuming we could re -construct it in its original place. We had the design of the
house and blueprints completed, trusses ordered and foundation in place before I discovered a
variance was needed to re -construct the porch. I apologize for this oversight and ask that you
would grant this variance. The design of the home compliments the neighborhood as most of the
homes have front porches and similar architectural features.
We are also asking for a variance on the exterior finish. We would like to finish the
home with synthetic stucco (EPIS) and cultured stone. This would make the home exterior
maintenance free and enhance the neighborhood. There are homes in the area with the same
look in their original state. We invite anyone concerned to visit the job site and I, Wayne Turner,
will make myself available to answer any questions you may have.
Sincerely,
W. Wayne Turner
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July 26, 2010
There being no further business before the Board, the meeting was adjourned at 2:10 p.m.
Date: ✓ v Z 0 /
Chairman Secretary