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boa_03 31 2008/m l LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES MARCH 31, 2008 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 25, 2008 meeting were approved as mailed by unanimous vote. III. Members Present: Terry Burruss, Chairman Scott Smith James Van Dover Robert Winchester Members Absent: David Wilbourn, Vice Chairman City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA MARCH 31, 2008 2:00 P.M. OLD BUSINESS: A. Z-8313 118 W. 3rd Street II NEW BUSINESS: 1. Z-3041 -A 1321 Rebsamen Park Road 2. Z-8315 2520 West 12th Street 3. Z-8316 14 Overlook Drive ( M W 0 0 N ■ �� 3N�d 1- - a312aa1 / nnaewi Naw830 MARCH 31, 2008 ITEM NO.: A File No.: Z-8313 Owner: Arkansas Democrat Gazette, Inc. Applicant: John Greer, Witsell Evans Rasco Architects Address: 118 West 3rd Street Description: Northeast corner of West 3rd and Louisiana Streets Zoned: UU Variance Requested: A variance is requested from the use provisions of Section 36- 342.1 to allow use of a parking lot as a playground. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Building Proposed Use of Property: Charter School STAFF REPORT A. Public Works Issues: 1. The proposed plan shows a driveway though the playground. It is believed the plan has changed and vehicles will no longer take access through the playground. Prior to occupancy, a traffic circulation plan must be prepared and provided to Public Works for review and approval. B. Staff Anal The UU zoned property located at 118 W. 3rd Street (northeast corner of W. 3rd and Louisiana Streets) is occupied by the three-story Gazette Building which is currently vacant. There is an asphalt parking area at the north end of the building. The building and parking occupy the entire west half of the block bounded by W. 2r'd, W 3rd, Main and Louisiana Streets. As noted by the applicant in the attached cover letter: "The e -STEM Charter School will be occupying the historic Gazette Building at 3rd & Louisiana Streets on July 14, 2008. This Charter School will house elementary, middle school, and high school grades in the same building and will be separated by floors and operate as a stand-alone MARCH 31, 2008 ITEM NO.: A (CON'T.) school. However, by occupying a common building there are functions that will be shared by each school for the economic benefits. Physical Education activities is one of these common threads." The applicant is proposing to convert the existing paved parking area at the north end of the building to a playground and PE area. The area will continue to be bounded by an existing wrought iron fence along the north, east and west sides. Some of the asphalt lot will be retained, with the remainder replaced with concrete and landscaping, as noted on the attached site plan. Section 36-342.1 (d)(1) of the City's Zoning Ordinance states that all uses within the UU (Urban Use) zoning district must be inside or enclosed. Therefore, the applicant is requesting a variance to allow conversion of the existing paved parking lot to an outdoor playground/PE area for the Charter School which will occupy the Gazette Building. Staff is supportive of the requested variance to allow the playground/PE area as an outdoor use at this location within the UU zoning district. Staff views the request as reasonable. The property has a history of use as a parking lot which is also considered an outdoor use. Additionally, the proposed .outdoor use is not commercial in nature, with the playground/PE area to be used intermittently throughout the day. Staff believes the proposed playground/PE area will have no adverse impact on the adjacent properties or general area. C. Staff Recommendation: Staff recommends approval of the variance to allow an outdoor use in the UU zoning district, subject to submittal and approval of a traffic circulation plan as requested by Public Works. BOARD OF ADJUSTMENT: (FEBRUARY 25, 2008) Staff informed the Board that the applicant submitted a letter on February 25, 2008, requesting the application be deferred to the March 31, 2008 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the March 31, 2008 agenda by a vote of 5 ayes and 0 nays. Staff Update: The applicant submitted a letter to staff, dated March 13, 2008, which places several conditions on the proposed playground use, in order to satisfy concerns raised by surrounding property owners. The letter is attached for Board review, and contains MARCH 31, 2008 ITEM NO.: A (CON'T.) conditions numbered 1 through 4 addressing issues of landscaping, playground hours, fencing and security. Staff will add these as conditions of approval (see "revised staff recommendation"). Number 5 within the letter addresses traffic issues which will be considered by Public Works in the approval of a traffic circulation plan for the project. Revised Staff Recommendation: Staff recommends approval of the variance to allow an outdoor use in the UU Zoning District, subject to the following conditions: 1. Submittal and approval of a traffic circulation plan as requested by Public Works. 2. Compliance with the following conditions 1 through 4 as found in the attached letter dated March 13, 2008 from John Greer, Jr. of WER Architects/Planners: (1) Landscaping: Nine Japanese Zelkova trees will be planted along the perimeter of the fence as shown. The asphalt will be cut back and tree grates installed at each tree. (Refer to Sheet L1 -submitted to staff) . (2) Curfew: e -STEM administrators have agreed to limiting playground activity until 9:00 A.M. The first scheduled recess is a 9:45 A.M. each day. Realistically there will be very little activity on the playground, if any, until 9:45 A.M. (3) Fence: The existing decorative aluminum fence will be retained with the exception of the fence on the east side of the playground. This section of the fence will be relocated 5-0" to the west to allow construction of a sidewalk for the secondary drop-off/pick-up in the alley. It is in great shape and should be an acceptable "nice" fence for the neighbors. (4) Security: The playground will be locked after hours. It is monitored 24 hours a day by security cameras and will be illuminated at night. BOARD OF ADJUSTMENT: (MARCH 31, 2008) John Greer and Joe Mittiga were present, representing the application. There were three (3) persons present with concerns. Staff presented the application with a recommendation of approval, as noted in the "Revised Staff Recommendation" as found in the staff report. Staff noted that the applicant would be installing eleven (11) trees total along the north and west property lines, instead of the nine (9) trees as previously noted by the applicant. John Greer addressed the Board in support of the application. He briefly described MARCH 31, 2008 ITEM NO.: A (CON'T.) the proposed playground project. He explained that conditions have been placed on the playground use based on concerns raised by surrounding property owners. He noted that trees were added to the north and west property boundaries. He described the proposed site plan. Joe Mittiga also addressed the Board in support of the application. He noted that there would be no use of the playground before 9:00 A.M. He explained that the playground would typically be used twice during the morning (approximately 20 minutes each), during the lunch hour, and twice during the afternoon (approximately 20 minutes each). Robert Winchester asked what age groups would use the playground area. Mr. Mittiga noted that elementary children would use the playground during recess times. Danny Broaddrick addressed the Board with concerns. He expressed concern with the possible noise the playground would produce. He explained that his office was located directly across Louisiana Street from the proposed playground. He presented photos to the Board and discussed. He noted concern with the location of the basketball court and four-square area along the west property line. He noted that the proposed trees would not reduce the noise level. He also noted that the applicant had presented no time line for the phased development of the playground. Haitham Alley also addressed the Board with concerns. He noted that his office was south of Mr. Broaddrick's and that he shared the same concerns. Bob East addressed the Board in support of the application. He explained that several concerns had been worked out with the surrounding neighbors. He noted other projects where nearby noisy uses were not a problem and explained. Diana Lacy, representing the Capitol Hotel, noted that she was only concerned with 9:00 A.M. start of the first recess. She stated that the playground should not be used before 9:30 A.M. Joe Mittiga amended the application to have no activity on the playground before 9:30 A.M. James Van Dover asked about the ages of the children using the playground. Mr. Mittiga stated that grades K through 4 would use the playground during the morning recesses. Chairman Burruss commented on the proposed playground plan and use of landscaping. The issue of trees was briefly discussed. Robert Winchester asked if there would be a problem with children throwing things over the fence. Mr. Mittiga noted that the children would be well supervised and explained. MARCH 31, 2008 ITEM NO.: A (CON'T.) Staff explained that the applicant could defer the application if they thought they needed additional time to address any additional concerns. Staff asked the Board to give the applicant their thoughts on the proposed variance to allow the playground. Chairman Burruss expressed support for the application. Scott Smith also expressed support for the school use with playground in the downtown area. He noted the benefits of the school use outweighed the negative issues. James Van Dover explained that the noise level would be minimal and that the advantages associated with the school outweighed the disadvantages. Robert Winchester also noted support for the school with playground as being a benefit to the downtown area. There was a motion to approve the application as recommended by staff and revised by the applicant (no playground use before 9:30 A.M.). The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was approved. WITSELL EVANS RASCO 901West Third Street Little Rock, Arkansas 72201 Phone 501-374-5300 Fax 501-374-5247 www.WERarch.com Charles Witsell, Jr., FAIR Don Evans, AIA, APA H. Terry Rasco, FAIA Jay Brizzolara IV, AIA Eldon W. Bock, AIA David Sargent, AIA John Greer, Jr., AIA (yp °yS) January 25, 2008 Little Rock Board of Adjustment Department of Planning & Development 723 West Markham Street Little Rock, AR 72201 RE: Application For Zoning Variances e -STEM Charter School 118 W. 3rd Street To Whom It May Concern, The e -STEM Charter School will be occupying the historic Gazette Building at 3rd & Louisiana Streets on July 14, 2008. This Charter School will house elementary, middle school, and high school grades in the same building and will be seperated by floors and operate as a stand-alone school. However, by occupying a common building there are functions that will be shared by each school for the economic benefits. Physical Education activities is one of these common threads. The existing Gazette Building is currently zoned as a UU, Urban Use District, which allows us to reconfigure and utilize the space within the building walls to the greatest extent possible. However, there is not enough square footage within the building to house a gymnasium or physical education / motor room. The school basically needs an outdoor playground / physical education area. The attached application and conceptual design portray our request for a variance to convert the parking lot on the north side of the building to a playground and PE area. The area is within the property boundary and does not require acquisition of additional property. It is currently, and will continue to be, bounded on three sides by an 8 -foot fence with sliding vehicle gates on the west and east sides. These gates will remain open to potentially allow drop-off of children in the morning and afternoon, but be locked during the day. The attached conceptual design portrays our intent to provide recreation areas for all ages. Each area will be designed to meet all playground safety guidelines as well as ADA regulations. Where some of the asphalt lot will be retained for basketball, hop scotch, and foursquare, the remainder of the paved surfaces will be replaced with concrete and landscaping of shrubs and trees. The intent of which is to soften the impact of city hard-scapes, which is so common in the downtown area. Increased landscaping reduces water runoff, heat sink, and solar reflection, and creates shade and aesthetic appeal to the rigid cityscape. Without this playground, the children are at a great disadvantage. Yes, the school can attempt to supplement the curriculum with classroom activities, but we all know the importance of outdoor activity. Especially in a school that operates for 9 hours a day, 200 days a year. We look forward to presenting this proposal to you and answering any questions you might have. Sincerely, WER Arch itectsH2lanners 'AIA cc: Walter Hussman, WEHCO Charlie Van Deventer, WEHCO Dr. Roy Brooks, e -STEM CEO Joe Mittiga, e -STEM COO Patrick Murray, East Harding WITSELL EVANS RASCO 901West Third Street Little Rock, Arkansas 72201 Phone 501-374-5300 Fax 501-374-5247 www.WERarch.com Charles Witsell, Jr., FAIA Don Evans, AIA, APA H. Terry Rasco, FAIA Jay Brizzolara IV, AIA Eldon W. Bock, AIA David Sargent, AIA John Greer, Jr., AIA March 13, 2008 Tony Bozynski City of Little Rock Planning and Development 723 W. Markham Street Little Rock, AR 72201 RE: e -STEM Charter School Dear Tony, Attached to this letter is the revised site plan that reflects the landscaping that was presented at the meeting with the city, adjoining neighbors, e -STEM administration, and owners of The Gazette Building. The following items were presented to the group and have received approval by the building owner and fie\ -STEM_ 11) Landscaping: Nine Japanese Zelkova trees will be planted along the v perimeter of the fence as shown. The asphalt will be cut back and tree grates installed at each tree. (Refer to Sheet L1 — attached) i 2. Curfew: e -STEM administrators have agreed to limiting playground activity until 9:00 A.M. The first scheduled recess is at 9:45 A.M. each day. Realistically there will be very little activity on the playground, if any, until 9:45 A.M. L3.) Fence: The existing decorative aluminum fence will be retained with the exception of the fence on the east side of the playground. This section of the fence will be relocated 5'-0" to the west to allow construction of a sidewalk for the secondary drop-off / pick-up in the alley. It is in great shape and should be an acceptable "nice" fence for the neighbors. i4/ Security: The playground will be locked after hours. It is monitored 24 hours a day by security cameras and will be illuminated at night. 5. Traffic Analysis: The revised traffic analysis has been presented to Bill Henry as of 3-12-08. Other than a request for more detail at Center Street and the intersections of 2nd, 3rd and 4th streets, everything appears to be working with the following criteria: Change Louisiana to 2 -way traffic between 4th and 2nd Street. 2. Drop-off / pick-up on Louisiana 3. Drop-off / pick-up on 3rd Street. 4. Secondary drop-off / pick-up in the alley (northbound from 3rd Street). There is no longer any queing on 2nd Street. 5. e -STEM will staff drop-off points with teachers to maintain safety at all drop-off and pick-up times. 6. All models have assumed worst-case scenario — 100% car riders. We feel that we have just about expended our solutions and hope that the Board of Adjustments can agree to these proposed modifications. If you should have any questions, please don't hesitate to call. Sincerely, WER Architects/Planners Johl Gre , Jr., Vic Preside MARCH 31, 2008 ITEM NO.: 1 File No.: Z-3041 -A Owner: Jack Holtzman and Donna Mayfield Applicant: Jack Holtzman Address: 1321 Rebsamen Park Road Description: Lot 1, Top Cat Subdivision Zoned: C-3 Variance Requested: Variances are requested from the building line provisions of Section 31-12, the easement provisions of Section 36-11 and the area provisions of Section 36-301 to allow a building addition with reduced street side setback and encroachment across a platted building line and into an easement. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Restaurant Proposed Use of Property: Restaurant STAFF REPORT A. Public Works Issues: The four (4) parking spaces immediately west of the proposed addition are recommended to be removed or the parking lot configuration changed, due to the location of the driveway access at the northwest corner of the property, which could create a hazard in on-site vehicular movements. It is also recommended the driveway at the northwest corner of the property be a one- way out only drive. B. Landscape and Buffer Issues: Site plan must comply with the City's landscape and buffer ordinance requirements. With this small addition, a small amount of landscaping will be required. It is recommended that landscaping be installed along the Cedar Hill Road side or at the intersection of the two streets. This will increase both the aesthetics of MARCH 31, 2008 ITEM NO.: 1 (CON'T.) the property and the property value while also helping with on site circulation of traffic and curb appeal. C. Utility Issues: • Little Rock Wastewater — no objection to building addition. • Central Arkansas Water — the proposed addition will be allowed, with the provision that care be taken not to damage the existing 12 -inch asbestos cement water line. • SWB/AT&T — no comment received. • Centerpoint Energy — no comment received. • Entergy — no comment received. D. Staff Analysis: The C-3 zoned property at 1321 Rebsamen Park Road is occupied by a one- story commercial building. The property is located at the southeast corner of Rebsamen Park Road and Cedar Hill Road. There is paved parking on the east and west sides of the building. There are existing driveways from Rebsamen Park Road at the northwest and southwest corners of the property. A retaining wall along Cedar Hill Road is located along the north property line. There is a restaurant which occupies the north portion of the building, with a liquor store in the south portion. There is a five (5) foot wide canopy covering a walkway along the front of the building. The property contains a 40 foot front platted building line along the west boundary and a 10 foot side platted building line and easement along the north boundary. The existing building extends across the north building line and into the utility easement, with no setback from the north property line. The applicant proposes to construct a 12 foot by 36 foot screened porch addition to the northwest corner (west side) of the building, as noted on the attached site plan. The addition will be to accommodate outdoor dining for the existing restaurant (Town Pump). The addition will be located 47 feet back from the front (west) property line. The addition will also extend to the north side property line, across the 10 foot side platted building line, and into the utility easement. Section 36-301(e)(2) of the City's Zoning Ordinance requires a minimum street side setback of 25 feet. Section 36-11(f) allows no building encroachments into utility easements unless approved by the Board of Adjustment. Section 31-12(c) of the Subdivision Ordinance requires encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the proposed porch addition with a reduced street side setback, and to extend across a side platted building line and into a utility easement. MARCH 31, 2008 ITEM NO.: 1 (CON'T.) Staff is supportive of the requested variances. Staff views the request as reasonable. As noted in the attached cover letter, the applicant notes that the existing commercial building was in place at the time the right-of-way was acquired for Cedar Hill Road, with the right-of-way being acquired to the north building fagade. The 10 foot platted building line and easement were established with the platting of the property, after right-of-way acquisition, without regard to the existing building placement. The applicant is proposing to extend the north wall of the existing building for the proposed screened porch addition. Staff's support is based on the facts that there is additional right-of- way for Cedar Hill Road between the existing building and the edge of the street, and that the utilities who submitted responses to the proposed addition do not object to its construction. Staff believes the proposed porch addition for outdoor dining will have no adverse impact on the adjacent properties or the general area. There is ample parking on the site to accommodate the additional restaurant seating. E. Staff Recommendation: Staff recommends approval of the requested variances, subject to the following conditions. 1. Compliance with the Landscape and Buffer comments as noted in paragraph B. of the staff report. 2. Compliance with the Central Arkansas Water comment as noted in paragraph C. of the staff report. 3. The driveway at the northwest corner of the property must be a one- way out only drive with signage provided. BOARD OF ADJUSTMENT: (MARCH 31, 2008) 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 by a vote of 4 ayes, 0 nays and 1 absent. TOwn J : Pump COLD BEER & GOOD FOOD 1321 RMMMEN PARK ROAD • UME ROM ARAM AS 72202 February 20, 2008 Mr. Dana Carney Zoning and Subdivision Administrator City of Little Rock Department of Planning and Development 723 West Markham Little Rock, AR 72201 Re: Request for Zoning Variance of Building Line Lot 1, Top Cat Subdivision Town Pump Restaurant 1321. Rebsamen Park Road Little Rock, Arkansas 72202 Dear Mr. Carney: Application has been made to construct a 12 foot by 36 foot outdoor covered patio attached to the west side of the existing building at the referenced address. As shown on the attached site plan, the existing building is located with the north edge of the building located on the Cedar Hill Road right-of-way line. The building line has been shown 10 feet south and parallel to the right-of-way line. The right-of-way and building setback lines were platted at the time of right-of-way acquisition for the construction of the Cedar Hill Road and overpass in the late 1960's. The building was in place and in use as commercial property at the time of the plat. The platted building setback line did not regard the building location. The Planning Commission at that time recognized the building was in place and recommended that the building setback line be adjusted to reflect the presence of the existing building and use of the property. However, this adjustment was not reflected on the plat that was filed. We are requesting a variance from the existing building line and permission to construct this outdoor covered patio addition as shown on the attached site plan and survey. We believe this request is consistent with the intent of the platting in the 1960's. Please contact me if you need additional information. Sincerely, Z Mr. Jack Holtzman Owner and Proprietor Town Pump Restaurant MARCH 31, 2008 ITEM NO.: 2 File No.: Z-8315 Owner: Freeze Drapery Cleaners Applicant: Scott Bray Address: 2520 West 12" Street Description: Northeast Corner of West 12th Street and Jones Street Zoned: C-3 Variance Requested: Variances are requested from the area provisions of Section 36-301 and the parking provisions of Section 36-502 to allow a building addition with reduced rear setback and no increase in off-street parking. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Residential and Commercial Dry Cleaners. Proposed Use of Property: Residential and Commercial Dry Cleaners. STAFF REPORT A. Public Works Issues: No Comments. B. Landscape and Buffer Issues: Site plan must comply with the City's landscape and buffer ordinance requirements. With the addition to building the associated parking lot must also come into full compliancy with the landscape ordinance which will include the cutting/removal of asphalt along both Jones Street and W. 12th Street. A six foot nine inch (6'- 9") wide landscape strip is required per the landscape ordinance. Currently, this site is not meeting this minimal amount along both streets. A variance from this minimal amount will require approval from the City Beautiful Commission prior to the issuance of a building permit. MARCH 31, 2008 t ITEM NO.: 2 (CON'T.) This site is located within the mature area of the city; therefore, these calculations take into account this factor and the minimal amounts are reflected as such. The zoning buffer ordinance requires a six foot nine inch (6'-9") wide street buffer around the sites entirety. Currently, this site is not meeting this minimal amount along the northern, southern, and eastern property lines and would also require the elimination of asphalt along both Jones Street and W. 12th Street. C. Staff Analysis: The C-3 zoned property at 2520 W. 12th Street is occupied by a one-story commercial building occupied by Freeze Drapery Cleaners. The property is located on the northeast corner of W. 12th and Jones Streets. There is paved parking along the south and east (within a fenced area) sides of the building. Driveways from W. 12th Street serve as access. There are approximately 15 paved parking spaces on the site, including within the fenced area. A 20 foot wide alley right-of-way is located along the east property line. A metal accessory storage building is located on the east side of the commercial building. There is also a six (6) foot wood fence along the east property line which will remain. The applicant proposes to construct an addition to the existing commercial building along its north and east sides, as noted on the attached site plan. The addition will be constructed of prefabricated metal, painted to match the existing building. The addition will be located 31.9 feet back from the front (west) property line, 10 feet from the rear (east) property line and on the north side property line. The east portion of the building addition will have a garage door (facing W. 12th Street) for enclosed parking of the business' van. The remainder of the building addition will be to enlarge the existing drapery cleaning business. The applicant has also noted that there will be two (2) or three (3) additional employees with the building addition. The applicant is requesting two (2) variances with the proposed building addition. The first variance is from Section 36-301(e)(3) of the City's Zoning Ordinance. This section requires a minimum rear (east) setback of 15 feet for this C-3 zoned corner lot. As noted previously, the proposed building addition will be located 10 feet back from the rear (east) property line. The metal storage building on the east side of the commercial building will be removed with the proposed building addition. The second variance is from the parking provisions of Section 36-502(b)(3)a. This section requires 11 additional off-street parking spaces for the proposed building addition (1 space per 300 square feet). A total of 28 spaces would be required for the entire building, including addition. As noted previously, there are approximately 15 parking spaces within the paved area on the south and east sides of the building. The applicant is proposing no additional parking spaces with the proposed addition. The applicant has noted that the existing MARCH 31, 2008 ITEM NO.: 2 (CON'T.) parking will be sufficient to serve the existing business, given the nature of the business having very little customer traffic. The existing parking will accommodate the employees' vehicles with a few additional spaces for customers. Staff is supportive of the requested variances. Staff views the request as reasonable. With respect to the rear setback variance, there is a 20 foot wide platted alley right-of-way along the east property line. The proposed 10 foot rear setback in conjunction with the alley will allow ample separation between the proposed building addition and any structures to the east. Additionally, the proposed addition only runs approximately 50 feet along the entire 135 foot east property boundary. Staff also views the parking variance as reasonable, given the nature of the existing business having very little customer traffic. The applicant has noted that the existing parking will accommodate employee parking and anticipated customer traffic. Staff will support the parking variance for the Freeze Drapery Cleaners occupancy only. If the building occupancy changes, the parking issue must be brought back before the Board of Adjustment. As noted in paragraph B. of the staff report, the proposed building will create a landscape/buffer upgrade requirement. The City Beautiful Commission must grant variances associated with the landscape requirements. Staff will support variances associated with the landscape and buffer requirements if needed for this developed site within the nature area of the City. Staff believes the proposed building addition, with variances, will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested variances, subject to the following conditions. 1. Compliance with the landscape requirements as noted in paragraph B. of the staff report, or file for a variance from the City Beautiful Commission. 2. The addition must be painted to match the existing commercial building. 3. The parking variance is for the "Freeze Drapery Cleaners" occupancy only. If the occupancy of the building changes, the variance for reduced parking will be taken back to the Board of Adjustment. MARCH 31, 2008 ITEM NO.: 2 (CON'T.) BOARD OF ADJUSTMENT: (MARCH 31, 2008) 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 by a vote of 4 ayes, 0 nays and 1 absent. March 11, 2008 Department of Planning and Development 723 West Markham Little Rock, Arkansas 72201 RE: Zoning variance Freeze Drapery Cleaners Little Rock, Arkansas To Whom It May Concern: The reason for this application is to obtain a zoning variance to aid in the building expansion of Freeze Drapery Cleaners which is currently zoned C-3. We would like to request the variance to be applied on the east side of the building which is next to an R-4 area. Freeze Drapery and the R-4 land are separated by a 20' alley. The current zoning would require us to build 15' off of the east property line. Our request is to obtain 5 more feet and change the zoning on the east side to 10'. This would provide an indoor parking area for our van at night. In the past there have been problems with people vandalizing our vehicles. This extra 5' would also allow easier access around existing structures. There is currently a 6' privacy fence between the alley and east property line to help separate the properties. This fence would stay in place. The current building will also be expanded on the north side. Total expansion will be approximately 3,500 sq. ft. This expansion will enable our business to be more efficient and increase production. When we expand, we will be hiring 2-3 additional full time employees. There is currently sufficient parking for a least 15 vehicles which is ample for our employees and customers. We would greatly appreciate your consideration with this proposal. If there are any questions or information that you need, you may contact me at 374-0236. Th Scott Bray, Owner John Meckfessel, Owner Freeze Drapery Cleaners MARCH 31, 2008 ITEM NO.: 3 File No.: Z-8316 Owner: Allen E. and Joan A. Davis Applicant: Allen Davis Address: 14 Overlook Drive Description: Lot 95, Overlook Park Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36- 156 to allow a detached carport with reduced front setback and separation from 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 14 Overlook Drive is occupied by a two-story brick and frame single family residence. There is a two -car wide driveway from Overlook Drive which serves as access to a front -loading garage at the northeast corner of the residence. The property slopes downward from front to back (north to south), and backs up to a wooded area. The lot contains a 15 foot front platted building line. The applicant proposes to construct a 22 foot by 30 foot detached carport structure on the east side of the residence, as noted on the attached site plan. The proposed carport will be unenclosed, with a covered (unenclosed) walkway between it and the residence. The carport will be located 19 to 20 feet back from the front (north) property line and four (4) feet back from the MARCH 31, 2008 ITEM NO.: 3 (CON'T.) east side property line. The carport will have five (5) feet of separation from the residence. The applicant has noted that the carport will be constructed to match the residence's exterior. The existing garage will be enclosed with the existing driveway removed. A new driveway from Overlook Drive will be constructed to serve the proposed carport. Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum front setback of 60 feet for accessory structures in R-2 zoning. Section 36- 156(a)(2)b. requires a minimum separation of six (6) feet between an accessory building and principal structure. Therefore, the applicant is requesting variances to allow the proposed carport with a reduced front setback and separation from the principal structure. Staff is supportive of the requested variances. Staff views the variances as relatively minor issues. The excessive downward slope of the property from Overlook Drive makes it extremely difficult to locate the accessory carport structure further back on the property. As long as the carport structure is constructed to match the existing residence, including roof pitch, staff believes it will have no adverse impact on the adjacent properties or neighborhood. C. Staff Recommendation: Staff recommends approval of the requested variances, subject to the following conditions: 1. The carport structure and covered walkway must remain unenclosed on all sides. 2. The carport structure must be constructed to match, including roof pitch, the existing residence. BOARD OF ADJUSTMENT: (MARCH 31, 2008) 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 by a vote of 4 ayes, 0 nays and 1 absent. I �- Allen E. Davis 14 Overlook Drive Little Rock, Arkansas 72207 Phone: 960-4152 Little Rock Board of Adjustments Dear Sir/Madam: This letter and attached documents are submitted as a proposal and justification regarding home re -modeling plans that will require zoning variances as further described below. To preface the need for the new structure described below, let me state that extensive interior and exterior renovations are underway at this time. Those renovations include enclosure of what is currently an attached garage, along with renovations to improve the curb appeal and continuity of the home's exterior. With the current garage structure being enclosed and made into a spare bedroom suite, there comes a need for a new parking structure. The plan is for a new detached carport. This structure will occupy 660 square feet of area 5 feet from the north-eastern side of the existing home. This will be a completely open structure with dimensions of 22' x 30'. I want to stress that the new structure will be finished with materials to match the home's new exterior, again, with the intent to create a continuous and attractive appearance. The north-eastern comer of the carport will start at 4 feet from the eastern property line and 20 feet back from the northern (front) property line. It will then extend 30 feet south while remaining parallel and 4 feet from the eastern property line, then 22 feet west, 30 feet north and then back 22 feet east. I feel that the parking structure is necessary and I am requesting all applicable variances based on the following combination of factors: • The proximity of the current home structure to the street would allow for only limited parking space in the current driveway. • The excessive slope of the yard would make placement of parking area in the rear difficult and require the destruction of more of the natural landscaping. • The proposed carport structure would prevent the necessity for parking on the street. Thank you in advance for your consideration of this matter. I can be reached at the phone number above if needed.. N� O U W w W F- O H z LUF- 0 Q LL O o Q O m J J H .... ... ... O UJ o m O m o w ~ W w _UjO Z � ��O O Lu Of m = Q U z 1-muco>� 9 Ii z w U) m a w } a March 31, 2008 There being no further business before the Board, the meeting was adjourned at 2:45 p.m. Date: /Z3 /'O� t 1-4 Chairmen Secretary