boa_02 23 2009LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
FEBRUARY 23, 2009
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 January 26, 2009 meeting were
approved as mailed by unanimous vote.
III. Members Present: David Wilbourn, Chairman
Robert Winchester, Vice Chairman
Terry Burruss
Scott Smith
James Van Dover
Members Absent: None
City Attorney Present: Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
FEBRUARY 23, 2009
2:00 P.M.
OLD BUSINESS:
A. Z-8424 1218 Center Street
11. NEW BUSINESS:
Z-8430 5 Blue Ridge Circle
2. Z-8431 2925 N. Taylor Street
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FEBRUARY 23, 2009
ITEM NO.: A
File No.: Z-8424
Owner: Craig and Natalie Weatherly
Applicant: Craig Weatherly
Address: 1218 Center Street
Description: Lot 8, Block 195, Original City of Little Rock
Zoned: UU
Variance Requested: A variances 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 UU zoned property at 1218 Center Street is occupied by a two-story
frame single-family residence which is in the process of being remodeled.
There is a one-story accessory building in the rear yard area, near the
southwest corner of the property. There is a paved alley along the rear (west)
property line. There is a new wood fence which is located along the front
(east), side (north) and rear (west) property lines. The new fence is six (6) feet
in height running along the front and rear property lines. The majority of the
fence along the north side property line is six (6) feet in height, with the
exception of an eight (8) foot high section which runs for approximately the
depth of the residence (approximately 52 feet). The fence transitions upward
from the six (6) foot sections to the eight (8) foot section. There is an existing
rock wall and fence located along a portion of the south side property line.
FEBRUARY 23, 2009 (
ITEM NO.: A (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 front building setback
line and a street right-of-way. Fences located along interior lot lines are
allowed to have a maximum height of six (6) feet. Therefore, the applicant is
requesting a variance to allow the six (6) foot high fence along the front
property line and east 25 feet of the north side property line, and the eight (8)
foot section (with transition) along the north side property line. The applicant
has noted that the fence was constructed for security purposes while the
house is being remodeled, and requests the variance for the portion along the
front (east) property line for only one (1) year from the Board's meeting date.
He has plans to replace it with a four (4) foot high wrought iron fence. The
fence along the north (side) property line would remain as constructed.
Staff does not support the fence variance as requested. Although staff has no
problem with the requested variance for the fence along the front property line
(temporary) and the eight (8) foot section along the north property line, staff
believes the east 18 feet of the fence located along the north property line
should also be reduced to a height of four (4) feet within one (1) year. There is
a residence located immediately to the north, and staff feels that reducing the
fence height within the front yard area, at least to the front porch (18 feet from
front property line), would help maintain the residential appearance for the
front yard areas. If the applicant were willing to revise the application to
include this 18 foot section, staff would support the application, subject to the
following conditions:
1. The temporary portion of the fence located along the front and north
side (east 18 feet) property lines be reduced to four (4) feet within one
(1) year.
2. A building permit must be obtained for the fence construction.
C. Staff Recommendation:
Staff recommends denial of the fence height variance, as requested.
BOARD OF ADJUSTMENT:
(JANUARY 26, 2009)
Staff informed the Board that the application needed to be deferred to the February
23, 2009 Agenda based on the fact that the applicant failed to complete the
notifications to surrounding property owners as required.
The item was placed on the Consent Agenda and deferred to the February 23, 2009
Agenda as recommended by staff with a vote of 5 ayes and 0 nays.
FEBRUARY 23, 2009 i
ITEM NO.: A (CON'T.)
BOARD OF ADJUSTMENT:
(FEBRUARY 23, 2009)
Staff informed the Board that the application needed to be deferred to the March 30,
2009 Agenda based on the fact that the applicant failed to complete the notifications
to surrounding property owners as required.
The item was placed on the Consent Agenda and deferred to the March 30, 2009
Agenda as recommended by staff with a vote of 5 ayes and 0 nays.
FEBRUARY 23, 2009
ITEM NO.: 1
File No.: Z-8430
Owner/Applicant: Daniel Beadle
Address: 5 Blue Ridge Circle
Description: Lot 5, Scenic Heights Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-
254 and the building line provisions of Section 31-12 to allow a building addition with
reduced setbacks and which crosses a platted building line.
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 5 Blue Ridge Circle is occupied by a one-story brick
and frame single family residence. There is a two -car wide driveway at the
southeast corner of the lot which serves a garage at the south end of the
residence. The property slopes upward from Blue Ridge Circle. The front of
the residence is approximately three (3) feet above the grade of the street.
The R-2 zoned lot contains a 25 foot front platted building line. The existing
house crosses the front platted building line by 10 feet at its northeast corner
and 13 feet at its southeast corner. The lot has an irregular shape, with the
front of the lot being 120 feet wide and the rear having a width of only 30 feet.
The applicant proposes to construct a five (5) to 5 1/2 foot wide addition at the
south end of the residence, as noted on the attached site plan. The addition is
proposed to allow widening of the existing garage area and construction of a
FEBRUARY 23, 2009 (
ITEM NO.: 1 (CON'T.)
new master bath and closet. The front (east) of the addition will be located
approximately ten (10) feet back from the front property line, maintaining the
same front wall as the existing house and extending across the front platted
building line. The addition will be located four (4) feet (southwest corner) to 20
feet (southeast corner) back from the south side property line.
Sections 36-254(d)(1)and (2) of the City's Zoning Ordinance requires a
minimum front setback of 25 feet and a minimum side setback of eight (8) feet.
Section 31.12(c ) of the Subdivision Ordinance requires that building line
encroachments be reviewed and approved by the Board of Adjustment.
Therefore, the applicant is requesting variances from these ordinance
standards to allow the building addition with reduced front and side setbacks
and which crosses a front platted building line.
Staff is supportive of the requested setback and building line variances. Staff
views the request as reasonable. When the house was originally constructed
it was pushed to the front of the lot and over the front platted building line due
to the fact that the lot narrows from front to back. The building addition as
proposed by the applicant is very minimal in area, as it covers only
approximately 230 square feet. This is the only option the applicant has to
enlarge an older, undersized garage. With the curvature of Blue Ridge Circle,
the house with reduced front setback does not have the appearance of being
out of alignment with the adjacent residences. Other structures along Blue
Ridge Circle have the appearance of being as close to the front property lines
as the residence at 5 Blue Ridge Circle. Staff believes the proposed addition
will have no adverse impact on the adjacent properties or the general area.
If the Board approves the building line variance, the applicant will have to
complete a one -lot replat reflecting the change in the platted front building line
for the addition. The applicant should review the filing procedure with the
Circuit Clerk's office to determine if the replat requires a revised Bill of
Assurance.
C. Staff Recommendation:
Staff recommends approval of the requested setback and building line
variances, subject to the following conditions.
1. Completion of a one -lot replat reflecting the change in the front platted
building line as approved by the Board.
2. The building addition must be constructed to match the existing
residence.
FEBRUARY 23, 2009
ITEM NO.: 1 (CON'T.)
BOARD OF ADJUSTMENT:
(FEBRUARY 23, 2009)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff with a vote of 5 ayes and 0 nays.
It is our intent to expand the width of the attached garage to accommodate two full size
vehicles. Currently the width of the garage, which was built in 1956, does not allow us to
easily park two cars. Instead we have to leave one car parked on the street since the slops
of the driveway makes it difficult to get in and out of a car parked on the driveway.
It is also our intent to expand the depth of the garage into the back yard which will allow
us to build a master bath and a walk-in closet. The master bath and walk-in will connect
with an existing bedroom. The house does not currently have a master bath or any walk-
in closets.
The plan is to increase the width of the garage by almost 5 feet and increase the depth of
the garage by 5.5 feet. These increases will take the structure up to the 4 foot utility
easement.
Due to the unusual shape of the lot, a variance is necessary to accomplish these additions.
We explored a second story on the existing structure as to avoid any property variance.
Due to the age of the existing structure this was not financially fisable. The existing
foundation will not support a second story. Securing the foundation to support a second
story is not within our financial means.
Sincerely,
Dan Beadle
5 Blue Ridge Circle
Little Rock, AR 72207
FEBRUARY 23, 2009
ITEM NO.: 2
File No.: Z-8431
Owner: Craig and Georgia May
Applicant: Craig May
Address: 2925 N. Taylor Street
Description: Southeast Corner of N. Taylor Street and N. Grandview Street
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-
254 and the building line provisions of Section 31-12 to allow building additions with
reduced rear setback and which cross platted building lines.
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 2925 N. Taylor Street is occupied by a one-story
brick and frame single family residence. The property is located at the
southeast corner of N. Taylor Street and N. Grandview Street. There is a two -
car wide driveway from N. Grandview Street at the northeast corner of the
property. The driveway leads to a carport at the east end of the "L" shaped
residence. The lot contains a 30 foot front platted building line along the west
property line, and a side platted building line along the north property line which
ranges from 20 feet to 30 feet. The northeast corner of the existing residence
crosses the side platted building line by approximately four (4) feet.
The applicant is proposing to construct three (3) building additions to the
existing house, as note on the attached site plan. The first addition will be a
FEBRUARY 23, 2009 (
ITEM NO.: 2 (CON'T.)
new covered porch addition to the front (west) of the residence. The porch will
be 6 feet by 20 feet in area and will be unenclosed. The porch will be located
approximately 26.5 feet back from the front (west) property line, crossing the 30
foot front platted building line by approximately 3.5 feet. The front steps to the
porch will be approximately 25 feet back from the front (west) property line.
The second proposed addition is a 6 foot by 23 foot den addition to the north
end of the residence. The addition will be one (1) story in height and located 14
feet to 23.5 feet back from the north side property line. This addition will cross
the side platted building line by approximately 8 feet.
The third and largest of the proposed additions is a master suite and
carport/storage addition to the rear (east) of the residence. This addition
involves removing the existing carport structure and a portion of the rear
enclosed area of the residence. The proposed addition will be one (1) story in
height, with the master suite portion being approximately 1,060 square feet in
area. The carport portion will be unenclosed on its north, east and a portion of
the south sides and have an area of approximately 495 square feet. The
storage portion of the addition will be approximately 105 square feet in area
and be located on the south side of the carport area. The overall addition to the
rear of the residence will be located 20 feet back from the north side property
line at its nearest point, crossing the side platted building line by approximately
8.5 feet. Only approximately 180 square feet of the addition crosses the side
platted building line. The addition will also be located 5 feet to 13 feet back
from the rear (east) property line, and 8 feet to 11 feet back from the south side
property line.
Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear
setback of 25 feet (from the east property line) for this R-2 zoned lot. Section
31.12(c ) of the Subdivision Ordinance requires that building line
encroachments be reviewed and approved by the Board of Adjustment.
Therefore, the applicant is requesting variances from these ordinance
standards to allow the building additions with a reduced rear setback and
which cross front and side platted building lines.
Staff is supportive of the requested setback and building line variances. Staff
views the request as reasonable. The proposed building additions will not be
out of character with other residences in this general area. Although the lot is
relatively large, the excessive platted building lines along both street frontages
greatly reduce the amount of overall buildable area. With the additions, the
overall massing of the residence on this lot is relatively minimal. There is a
rather large yard space on both the west and north sides of the residence.
Additionally, staff does not believe the proposed unenclosed front porch
addition will have an adverse visual impact with respect to alignment with the
houses to the north and south along N. Taylor Street. Staff believes the
proposed additions will have no adverse impact on the adjacent properties or
the general area. Adequate separation will exist between the proposed
additions and the residences to the south and east.
FEBRUARY 23, 2009
ITEM NO.: 2 (CON'T.)
If the Board approves the building line variances, the applicant will have to
complete a one -lot replat reflecting the change in the platted front and side
building lines for the additions. The applicant should review the filing
procedure with the Circuit Clerk's office to determine if the replat requires a
revised Bill of Assurance.
C. Staff Recommendation:
Staff recommends approval of the requested setback and building line
variances, subject to the following conditions.
1. Completion of a one -lot replat reflecting the change in the front and side
platted building lines as approved by the Board.
2. The building additions must be constructed to match the existing
residence.
3. The carport addition must remain unenclosed on its north, east and
portion of south sides.
4. The porch addition must remain unenclosed on its north, south and
west sides.
BOARD OF ADJUSTMENT:
(FEBRUARY 23, 2009)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff with a vote of 5 ayes and 0 nays.
Application for Residential Zoning Variance
Georgia and Craig May
2925 North Taylor Street 031
Little Rock, Arkansas 72207
January 23, 2009
The current residence on North Taylor Street is a 2,000 square foot one story home built in the early 1950's. The
home is a wood frame house with brick and siding veneer.
The owners are proposing to make an approximately 1,000 square foot addition plus a new 600 square foot
carport. The primary addition is towards the rear of the lot, is one story, and will be designed in a manner
keeping with the current house. The rear addition includes a new master bedroom, master bath, laundry, storage,
and carport.
The front addition is to expand the existing front porch to 110 square feet.
A future den expansion is also noted as this would encroach over the current side yard setback.
In order to make both the front and rear additions work, we are applying for a variance to the current setbacks.
This is an odd shaped lot with restrictive setbacks creating a triangle that the existing house is sited within. The
current side yard setback starts out at 20'-0" at the north eastern corner and ends as a 29'-6" setback where the
side setback meets the rear setback. We are proposing to move the side yard setback to be an 11'-6" setback
measured from the north eastern corner of the lot (see attached proposed site plan with noted addition
and setbacks). With the proposed variance, the side yard setback will be 20'-6" where the side setback meets
the rear setback.
Currently the front yard setback is 30'-0". We would like also to apply for a variance to move the front yard
setback to 25'-0" to allow for the proposed front porch expansion.
All rear setback, southern side setback, and utility easements are to remain as currently recorded for the lot.
February 23, 2009
There being no further business before the Board, the meeting was adjourned at 2:04 p.m.
Date: 3-30-0-1
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