boa_05 19 20081
LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
MAY 19, 2008
2:00 P.M.
I. 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 April 28, 2008 meeting were
approved as mailed by unanimous vote.
III. Members Present:
Terry Burruss, Chairman
David Wilbourn, Vice Chairman
Scott Smith
James Van Dover
Robert Winchester
Members Absent: None
City Attorney Present: Debra Weldon
O
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
MAY 19, 2008
2:00 P.M.
OLD BUSINESS:
A. Z -3520-D 7600 Cantrell Road
B. Z-8332 323 S. Cross Street
NEW BUSINESS:
1.
Z-8342
1821 N. Spruce Street
2.
Z-8344
108 N. Schiller Street
3.
Z-8345
5604 Country Club Blvd.
4.
Z-8346
3715 Doral Drive
5.
Z-8347
805 Cartier Lane
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MAY 19, 2008
ITEM NO.: A
File No.: Z -3520-D
Owner: Chris Albright
Applicant: Ron Burns
Address: 7600 Cantrell Road
Description: Northwest Corner of Cantrell Road and Keightley Drive
Zoned: C-4
Variance Requested: Variances are requested from the area provisions of Section 36-302
and the building line provisions of Section 31-12 to allow a gas pump canopy 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: Service Station
Proposed Use of Property: Service Station
STAFF REPORT
A. Public Works Issues:
The already congested site is located on the corner of a very busy
intersection with long stack lengths. Traffic routinely stacks beyond the
driveway on Keightley Drive. By the introduction of 2 additional fuel pumps
and canopy, the site will be even more congested with very little
maneuvering room for vehicles on site and for vehicle to enter and exit the
adjacent streets. When you consider a 20 ft vehicle parked at the new
northern fuel island there is approximately 10 ft of maneuver room between
that vehicle and the back of sidewalk and only 30 ft from the right of way.
This width will make it very difficult for a vehicle to access Keightley Drive
and cause more vehicles to potentially cross 3 lanes of traffic on Cantrell
Road eastbound. A 20 ft vehicle parked at the new southern fuel island will
extend out into the Cantrell Road driveway by 10 ft making it more difficult
for vehicles to enter the site from Cantrell Road. The addition of the 2 fuel
island and canopy will increase the safety hazard of motorists trying to
access the site from the adjacent streets.
MAY 19, 2008
ITEM NO.: A (CON'T.)
B. Landscape and Buffer Issues:
No Comments
C. Staff Analysis:
The C-4 zoned property at 7600 Cantrell Road is occupied by a one-story
commercial building containing a convenience store and a gas pump area with
canopy. The property is located at the northwest corner of Cantrell Road and
Keightley Drive. The convenience store building is located within the north half
of the property, with a small area for auto service on its east side. The gas
pump canopy is located within the south half of the property and includes three
(3) gas pumps and six (6) service lanes. There are access drives from Cantrell
Road and Keightley Drive. There is paved parking on the north and south sides
of the building. The C-4 zoned lot contains a 45 foot front platted building line
along the Cantrell Road frontage.
The applicant proposes to construct a 24 foot by 52 foot addition to the gas
pump canopy, as noted on the attached site plan. The addition will include two
(2) additional gas pumps. The addition will be located approximately 17 feet
from the front (south) property line and 26 to 64 feet from the east, street side,
property line. The 45 foot front platted building line has been reduced by 7 to
10 feet with additional right-of-way dedication for the recent construction of
Cantrell Road. The proposed canopy addition is located approximately 24 feet
back from the original front property line (prior to right-of-way dedication). The
addition will maintain the same front setback as the existing canopy, extending
across the front platted building line by 19 to 20 feet.
Sections 36-302(e)(1) and (2) of the City's Zoning Ordinance require minimum
front and street side setbacks of 45 feet for C-4 zoned lots. Section 31-12(c ) of
the Subdivision Ordinance requires that encroachments across platted building
lines be reviewed and approved by the Board of Adjustment. Therefore, the
applicant is requesting variances to allow the canopy addition with reduced
front and street side setbacks, and to encroach across a platted building line.
Staff does not support the requested setback and building line variances.
Although staff has no specific objection to the proposed canopy addition
maintaining essentially the same front and street side setbacks as existing
buildings on the site, Public Works has raised vehicular safety issues
associated with the addition. Public Works notes in paragraph A. of this
agenda staff report that on-site vehicular circulation as well as vehicular
maneuvering entering and exiting the site could be hazardous based on the
proximity of the proposed canopy addition to the southeast corner of the
property and the nearest driveways from Cantrell Road and Keightley Drive.
Additionally, the proposed canopy addition will be located relatively close to the
sidewalks along both street frontages.
MAY 19, 2008
ITEM NO.: A (CON'T.)
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.
D. Staff Recommendation:
Staff recommends denial of the requested setback and building line variances.
BOARD OF ADJUSTMENT: (APRIL 28, 2008)
Chris Albright was present, representing the application. There were no objectors
present. Staff presented the application with a recommendation of denial.
Chris Albright addressed the Board in support of the application. He noted that the
proposed canopy addition would not cause a traffic circulation problem. He
explained that the canopy addition would not add to traffic congestion on the site
because it would allow service of more vehicles on the site.
Chairman Burruss asked if there had been any consideration to modifying or closing
the two (2) drives nearest the intersection. Mr. Albright indicated that it would not
work. He explained that all of the existing driveways were needed for interior traffic
circulation. He noted that larger trucks (delivery trucks) used the drives to enter and
exit the site.
The issue of narrowing the two (2) drives nearest the intersection was discussed.
Vince Floriani, of Public Works, noted that the site was currently a congested site.
He explained that there would be little separation between the proposed canopy
addition and the sidewalks along both streets. He explained traffic circulation issues
associated with the proposed canopy and its proximity to the drives nearest the
intersection.
James Van Dover explained that he was not concerned with the interior congestion,
but the possibility of congestion on the adjacent streets. Mr. Floriani explained that
there was concern with interior traffic backing up to the drives and possibly onto the
adjacent streets. The issue was discussed with relation to vehicle location on the
site at the proposed canopy addition.
Staff suggested that the two (2) driveways nearest the intersection be exit only/right
turn only drives. This issue was discussed.
Chairman Burruss explained that a deferral might be in order to allow the applicant
time to work with Public Works and resolve the traffic circulation concern. The issue
of deferral was discussed. Mr. Albright asked to defer the application.
There was a motion to defer the application to the May 19, 2008 agenda. The
motion passed with a vote of 5 ayes and 0 nays. The application was deferred.
MAY 19, 2008
ITEM NO.: A (CON'T.)
BOARD OF ADJUSTMENT:
(MAY 19, 2008)
The applicant was present. There were no objectors present. Staff informed the
Board that the applicant had submitted a revised site plan (dated May 16, 2008)
which reduced the width of the proposed gas pump canopy addition to 18 feet and
shifted the existing and proposed gas pumps 5.5 to 6 feet to the west. Staff
recommended approval of the revised plan, 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. Eliminating parking spaces at the southeast corner of the property.
3. Eliminating the three (3) southernmost parking spaces along the east
property line.
4. Shifting of the existing and proposed gas pumps 5.5 to 6 feet to the west as
shown on the revised plan.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as revised and
recommended by staff by a vote of 5 ayes and 0 nays.
Department of Planning and Development February 25, 2008
723 West Markham Street
Little Rock, Arkansas J _
RE: Zoning Variance for Kingwood Exxon Service Center
To whom it may concern,
In the last three years, three gasoline stations have closed down within a
half mile of our location at Cantrell and Mississippi. The Highway
Department found it necessary to widen the road in front of our store to
handle the additional traffic due to the growing number of people in the
area. I am proposing the addition of two more gasoline pumps, bringing the
total to only five pumps. This will help accommodate our new customers
and be better service to the neighborhood.
Thank you for your coi
Chris Albright OwY
Kingwood Exxon
MAY 19, 2008
ITEM NO.: B
File No.: Z-8332
Owner: Demp and Paula Dempsy
Applicant: David Bevans
Address: 323 S. Cross Street
Description: Lots 4-6 and part of Lot 3, Block 293, Original City of Little Rock
Zoned: UU
Variance Requested: Variances are requested from the development criteria of
Section 36-342.1 to allow addition to a ground -mounted sign and open display in the
Urban Use Zoning District.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Commercial
Proposed Use of Property: Commercial
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The UU (Urban Use) zoned property at 323 S. Cross Street is occupied by a
one-story masonry commercial buildin�q. The property is located at the
northeast corner of S. Cross and W. 4t Streets. There is vehicular access to
the rear (east) of the building from W. 4t" Street. There is also vehicular access
to the northwest corner of the building from S. Cross Street. There is a
ground -mounted sign along the west property line which extends into the right-
of-way and overhangs the sidewalk along S. Cross Street. Additionally, there is
a rock -covered area along a portion of the west building frontage, between the
sidewalk and the building. Electric Transportation of Arkansas (ETA) occupies
the south portion of the commercial building, with Diamond Bear Brewing
Company within the north portion of the building.
MAY 19, 2008
ITEM NO.: B (CON'T.)
The applicant, Electric Transportation of Arkansas, is requesting two (2)
variances from the UU zoning district criteria. The first variance request is
from Section 36-342.1(c)(11) of the City's Zoning Ordinance which requires
ground -mounted signs within the UU zoning district to be reviewed and
approved by the Board of Adjustment. The applicant is proposing to add to the
existing nonconforming ground sign, above the "Diamond Bear" sign. The
addition will be 35 square feet in area (7' x 5') with a height of 24 feet to the top
of the sign addition. The overall height of the existing sign pole is 24.5 feet.
The proposed sign addition will be affixed to the existing vertical and horizontal
sign poles.
The second variance is from Section 36-342.1(d)(1) which states that all uses
within the UU district be "inside or enclosed". The applicant is proposing to
display electric/solar products within two (2) "indentions" along the west side of
the building on the rock covered areas between the building and the sidewalk
along S. Cross Street. The applicant notes that the product display will not
block, obstruct or hinder the use of the sidewalk.
Staff is supportive of the requested variances from the UU zoning district
criteria. Staff views the request as reasonable. Only a very small area will be
used for the open display of electric/solar products, located between the west
building fagade and the sidewalk along Cross Street. As long as the sidewalk
along Cross Street is not obstructed in any manor, the proposed outdoor
display should have no adverse impact on the area. With respect to the
requested sign variance, the proposed addition to the existing sign is only 35
square feet in area, and will not exceed the overall height of the existing sign
pole. The existing "Diamond Bear" portion of the sign is approximately 56
square feet in area. Staff also feels the proposed addition to the existing
ground sign will have no impact on the neighborhood.
C. Staff Recommendation:
Staff recommends approval of the requested UU zoning district variances,
subject to the following conditions:
1. The open display is to be located only within the indented areas along
the west building facade, between the fagade and sidewalk.
2. The open display is to in no way block, obstruct or hinder use of the
sidewalk along Cross Street.
3. A permit must be obtained for the ground -mounted sign alteration.
BOARD OF ADJUSTMENT:
(APRIL 28, 2008)
Staff informed the Board that the application needed to be deferred to the May 19,
2008 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 May 19, 2008
Agenda as recommended by staff with a vote of 5 ayes and 0 nays.
MAY 19, 2008
ITEM NO.: B (CON'T.
BOARD OF ADJUSTMENT: (MAY 19, 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 5 ayes and 0 nays.
January 22, 2008
Dear Zoning Commission,
-2-4-0-7- �3
-2-9332,
I O,F ARKANSAS
We at Electric Transportation of Arkansas are happy to be opening our business in
Downtown Little Rock. As residents of Downtown we see the need for small businesses in
our community to help revitalize our urban settings, and to stimulate the overall State
economy. Our personal efforts can be facilitated by allowing the following variances:
1. SIGNAGE - The existing sign pole currently has a variance allowing Diamond
Bear Brewery use for their sign. We propose to add our sign above Diamond
Bear's, for there is no room for hanging a sign beneath what is there.
2. OPEN DISPLAY - Our unique storefront has two indentions we would like to utilize
for the display of our electric/solar products. This in no way blocks, obstructs, or
hinders use of the side walk, and would help to educate the public on our
products, and the availability of fully electric modes of transportation.
We thank you for your time and consideration of our requests.
Best regards,
1 �
David Bevans John Akins
Owner Owner
Electric Transportation of Arkansas Electric Transportation of Arkansas
323 S. CROSS STREET, SUITE B
LITTLE ROCK; AR 72201
PHONE: (501) 3764ETA FAX: (501) 3744204
EMAIL: SALES@ETARKANSAS.COM
WEB: WWW_ETARKANSAS.COM
MAY 19, 2008
W4 AA VI
File No.: Z-8342
Owner/Applicant: Margaret F. Kemp
Address: 1821 N. Spruce Street
Description: Lot 97 and part of Lot 96, Shadowlawn 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
FA]llllllllllllllll UM I$ -T W
No Comments.
B. Staff Analysis:
The R-2 zoned property at 1821 N. Spruce Street is occupied by a two-story
brick and frame single family residence which is in the process of being
remodeled. There is a one -car wide driveway from Spruce Street which
serves as access. A new detached garage structure is being constructed at
the northeast corner of the property within the rear yard area. The driveway
will be extended along the north side of the house to the new garage structure.
As part of the remodeling project, the applicant is proposing to construct a new
fence to enclose the rear yard area. The proposed fence will be six (6) foot
high opaque wood construction, with two (2) feet of lattice at the top. The
fence will have an overall height of eight (8) feet along the south side and rear
(east) property lines. The fence will be constructed on top of a short block wall
along the north side property line. The fence/wall along this side line will have
a height ranging from nine (9) feet to ten (10) feet as viewed from the property
to the north. There will be wood columns approximately every eight (8) feet.
MAY 19, 2008
ITEM NO.: 1 (CON'T.)
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows fences in
residential zones to have a maximum height of six (6) feet. Therefore, the
applicant is requesting a variance to allow the proposed fence with a height
ranging from eight (8) to ten (10) feet.
Staff does not support the fence variance as requested. Although staff has no
problem with the proposed eight (8) foot tall fence along the south and east
property lines, staff does not support the taller fence/wall along the north
property. The fence/wall along the north property line will range in height from
approximately nine (9) feet to ten (10) feet at the northeast corner of the
property. Staff believes this fence/wall should be no higher than eight (8) feet.
If the applicant were willing to make the fence/wall along the north property line
no higher than eight (8) feet (as viewed from the low or north side), staff could
support the application.
C. Staff Recommendation:
Staff recommends denial of the requested fence height variance, as filed.
BOARD OF ADJUSTMENT:
(MAY 19, 2008)
The applicant was present. There were no objectors present. Staff informed the
Board that the applicant submitted a letter stating that the proposed fence would not
exceed a height of eight (8) feet. Staff recommended approval of the requested
fence height variance, subject to no portion of the fence/wall being higher than eight
(8) feet as viewed/measured from the low side of the fence/wall.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff by a vote of 5 ayes and 0 nays.
April 24, 2008
Department of Planning & Development
723 W. Markham
Little Rock, AR 72201
51-371-4790
Dear Planning & Development:
I am remodeling my house at 1821 North Spruce. I am requesting a variance from the
requirements of the zoning ordinance as it relates to my existing fence.
I am replacing the existing fence on my property due to its deteriorated condition.
The new fence will be in the same footprint. I am proposing to have my fence at 8 feet in
height. I am requesting a variance due to the following reasons:
1. The new height of 8' will provide me privacy as I have two story houses
on either side of my property;
2. None of my neighbors have rejected my proposal;
3. I believe this is a common occurance in the Heights due to the fact that the
houses are so close.
The proposed fence will be 6' planks set side by side, and then topped with 2' of
framed lattice. The fence company doing the work is Ingle Fence.
Thank you for your consideration of my requested variance.
Sincerely,
Marg , F. Kemp
MAY 19, 2008
ITEM NO.: It
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Z-8344
Paul and Kim Turley
Tina Boyd
108 N. Schiller Street
Lots 12-14, Block 1, Union Depot Addition
M
Variance Requested: Variances are requested from the area provisions of Section 36-
255 to allow a new residence with reduced setbacks.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The R-3 zoned property at 108 N. Schiller Street is currently vacant and grass
covered, with several mature trees. The property is located at the south end of
N. Schiller Street which dead ends at the northeast corner of this property.
The property slopes downward from north to south. The overall property is
comprised of three (3) platted single family lots, each being 46 feet by 110 feet
in size. Based on the platting, the east property line is considered the front
and the west property line is the rear.
The applicant is proposing to construct a new two-story single family
residence, as noted on the attached site plan. The proposed house will be
located 15 feet from the front (east) property line, 19 feet from the rear (west)
property line, 29.8 feet from the north side property line and 54 feet from the
south side property line. A two -car wide driveway is proposed at the northeast
MAY 19, 2008
ITEM NO.: 2 (CON'T.)
corner of the property which will access a garage on the north side of the
residence.
Section 36-255(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet for this R-3 zoned lot. Section 36-255(d)(3) requires a
minimum rear setback of 25 feet. Therefore, the applicant is requesting
variances to allow the proposed residence with reduced front and rear
setbacks.
Staff is supportive of the requested setback variances. Staff views the request
as reasonable. The applicant is proposing to build one (1) single family
residence on three (3) platted single family lots. Based on the topography of
the lot the applicant is locating the house within the north half (high end) of the
lot. The proposed residence will be located approximately 30 feet from the
north side property line and share a rear yard relationship with the property to
the north. Given the platted lot width (46 feet), a house could be constructed
4.6 feet from the north side property line. Staff feels that the proposed house
placement is a much better alternative. It is not likely that N. Schiller Street will
extend to the south within this block in the future. Staff believes the proposed
single family residence will have no adverse impact on the adjacent properties
or general area.
C. Staff Recommendation:
Staff recommends approval of the requested setback variances, as filed.
BOARD OF ADJUSTMENT: (MAY 19, 2008)
Tina Boyd was present, representing the application. There were two (2) persons
present with concerns. Staff presented the application with a recommendation of
approval.
Tina Boyd addressed the Board in support of the application. She explained that the
front of the proposed house will face east (Schiller Street right-of-way), with a side
loading garage on the north side of the house. She explained the topography of the
lot with a creek in the south half of the property. She noted the proposed house was
a $400,000 project.
Scott Davis addressed the Board with concerns. He noted that he owned the
property immediately to the north. He noted his concern was with the orientation of
the front door and garage doors.
Peter Rosenow also addressed the Board. He expressed concern with the front
orientation of the house and the depth of the proposed front yard area.
MAY 19, 2008
ITEM NO.: 2 (CON'T.)
Ms. Boyd noted that the front of the house would face Schiller Street, with the
garage portion of the house being closer to the street than the front door area.
There was a brief discussion related to the orientation of the proposed house and
the front setback. There was also discussion of the lots in question. Staff noted that
a house could be constructed on the southernmost lot.
There was a motion to approve the application, subject to the three (3) platted lots
being considered one (1) zoning lot, with no principal structure being constructed on
the southernmost lot. The motion passed by a vote of 5 ayes and 0 nays. The
application was approved.
City of Little Rock ��'`�-- -4 2 -
Board of Adjustments —�
April 22, 2008
All,
Lot owners Kim and Paul Turley have planned a new home on the referenced lots. The
lot slope and home design requires that the home be placed on the uphill (north) side of
the lot. The homeowners are requesting a variance to the 25' front and rear setbacks.
The home will meet all other requirements of residential construction.
The new home will be 2500 square feet with 3 bedrooms, 2.5 baths, and a 3 car garage.
Thank you,
Tina Boyd
Contractor
Boyd Homes, Inc
617 Cumberland St
Little Rock, AR 72202
501-804-4349
MAY 19, 2008
ITEM NO.: 3
File No.: Z-8345
Owner/Applicant: Gary and Claudia Barone
Address: 5604 Country Club Blvd.
Description: Lot 58, Forest Heights Place 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 porch 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 5604 Country Club Blvd. is occupied by a one-story
brick and frame single family residence. The property is located at the
northeast corner of Country Club Blvd. and Forest Heights Drive. There is a
two -car wide driveway from Forest Heights Drive which leads to a detached
garage structure within the rear yard area. The single family lot contains a 25
foot platted front building line along Country Club Blvd. which reduces to a 7.5
platted side building line along Forest Heights Drive. The southwest corner of
the existing house encroaches across the platted building line, as noted on the
attached site plan. The front yard area is located approximately two (2) feet
above the grade of the streets.
The applicant proposes to remove the small front porch from the residence
and construct a new larger porch. The new covered front porch will be nine (9)
feet wide and run 34 feet across the front of the house. Approximately one-
half of the proposed porch will cross the platted building line, again noted on
MAY 19, 2008
ITEM NO.: 3 (CON'T
the attached site plan. The porch will be located eight (8) to 34 feet back from
the curved front property line and five (5) to eight (8) feet from the west side
property line.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet. Section 36-254(d)(2) requires a minimum side setback of
seven (7) feet. Section 31-12(c) of the Subdivision Ordinance requires that
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 new front porch addition with reduced
front and side setbacks and which crosses a platted building line.
Staff is supportive of the requested setback and building line variances. Staff's
support is based on the irregular lot shape in combination with a rather large
area of right-of-way at the intersection of Country Club Blvd. and Forest
Heights Drive. Because of the intersection configuration, the lot's southwest
corner has been rounded to follow the curvature of the right-of-way. If the
southwest corner of the lot were squared off to match the southeast corner, no
variances would be required for the proposed porch. The southwest corner of
the existing residence is located 16 to 18 feet back from the curbline of Forest
Heights Drive. Staff feels that the lot, after porch addition, will have the
appearance of having a front yard area compatible with the front yards of other
lots in this area, based on the 80 foot wide right-of-way for Country Club Blvd.,
and the large curved right-of-way at the intersection. Staff believes the
proposed porch addition will add to the residence's street appeal and will have
no adverse impact on the adjacent properties or 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 building line for
the new porch 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. The porch addition must be constructed to match the existing
residence.
2. The porch addition must remain unenclosed on the south, east and
west sides.
3. Completion of a one -lot replat reflecting the change in the platted
building line as approved by the Board.
MAY 19, 2008
ITEM NO.: 3 (CON
BOARD OF ADJUSTMENT: (MAY 19, 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 5 ayes and 0 nays.
r rte 3
-g3 Lt,5
April 21, 2008
Little Rock Board of Adjustment
Department of Planning and Development
723 West Markham Street, First Floor
Little Rock, Arkansas 72201
Dear Board Members:
This letter serves to request a zoning variance for 5604 Country Club Boulevard, Little
Rock, Arkansas 72207 also known as lot 58, Forest Heights Place.
This request is necessary to construct a nine foot front porch that would extend across the
front of the house. As documented on the property's survey, only a portion of the front
porch would cross the existing 25 foot building line. Trees close to this building line will
be preserved in the yard.
Our intentions, with this home, is to renovate it and improve the outward appearance of
the home in keeping with the neighborhood. Since the home sits so far back on the lot,
and the lot configuration is odd with the curve of Forest Heights Drive to the west, there
is little space in the rear of the home for enhancement of outdoor living. With the
addition of this porch and the steps that lead to it, the house will not extend beyond the
front porch of the home to the east, and, will continue to be located behind this home.
Gutters will be added once the porch is complete to assure appropriate and adequate
water runoff. Should this variance be approved, we will assume the expenses to have the
lot replatted and recorded.
We appreciate the opportunity to seek this variance.
Cordially,
Claudia and Gary Barone
MAY 19, 2008
ITEM NO.: 4
File No.: Z-8346
Owner/Applicant: Joseph and Elizabeth Mowery
Address: 3715 Doral Drive
Description: Lot 3, Block 52, Pleasant Valley Addition
Zoned: R-2
Variance Requested: A variance is requested from the building line provisions of
Section 31-12 to allow an accessory building which crosses a side 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 3715 Doral Drive is occupied by a two-story brick
and frame single family residence. The property is located at the northwest
corner of Doral Drive and Sumpter Forest Drive. There is a two -car wide
driveway from Sumpter Forest Drive which serves as access. The rear yard
area is fenced with a six (6) foot high wood fence with brick columns. The lot
contains 30 foot platted building lines along the front (Doral Drive) property line
and street side (Sumpter Forest Drive) property line.
The applicant proposes to construct a 20 foot by 22 foot detached storage
building as noted on the attached site plan. The storage building will be
located within the rear yard area, 16 feet from the east street side property line
and 30 feet from the rear (north) property line. The proposed building will be
separated from the house by approximately 40 feet. The proposed building
will cross the 30 foot platted side building line by 14 feet.
MAY 19, 2008
ITEM NO.: 4 (CON'T.
Section 31-12(c) of the City's Subdivision Ordinance requires that
encroachments across platted building lines be reviewed and approved by the
Board of Adjustment. Therefore, the applicant is requesting a variance to
allow the proposed accessory structure to be located between the 30 foot
platted building line and east property line along Sumpter Forest Drive.
Staff is supportive of the requested building line variance. Staff views the
request as reasonable. As noted previously, the garage will be located 16 feet
back from the east (Sumpter Forest Drive) property line. The Ordinance
typically allows a minimum street side setback of 15 feet for accessory
buildings in R-2 zoning. The nearest structure is located over 40 feet from the
proposed accessory garage structure. The proposed accessory building will
be located within the rear yard fenced area and for the most part hidden from
the view of the streets and adjacent property. Staff believes the proposed
accessory garage will have no adverse impact on the adjacent properties or
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 side building line
for the new accessory building. 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 building line variance, subject to
completion of a one -lot replat reflecting the change in the side platted building
line as approved by the Board.
BOARD OF ADJUSTMENT:
(MAY 19, 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 5 ayes and 0 nays.
To: City of Little Rock Department of Planning and Development
From: Joseph and Elizabeth Mowery, 3715 Doral Drive, Little Rock, AR 72212
Ladies and Gentlemen:
We hereby respectfully request a zoning variance for a small storage building to be
located in our back yard. Currently we have a small plastic shed that is not properly
located, in poor condition and not visually appealing. In its place we plan to build a new
and high quality storage structure. This structure will better complement the design of our
home, including use of the same kind of high quality architectural shingles.
The reasons why we would like the variance include the following:
1) Preservation of Natural Features- We have hundreds of flowering plants, as well
as dogwood and other trees in our back yard, as well as a large koi pond. The
proposed location would allow us to avoid material disruption to these things and
the pathways that meander through the garden area.
2) When we bought the house, it had a basketball court at the back of the property,
which is still there and is used by our family. The existence of this court also
limits our options for the new building.
3) The desired location is ideal for access to both the front and back gates of the
fence that surrounds the back yard.
We appreciate your consideration of our proposal and hope that it will be found to be
acceptable. We truly feel like it will nicely complement our house and be visually
appealing to anyone passing by.
Sincerely,
Joseph S. Mowery
PLEASANT` VALLEY PROPERTY OWNERS
ASSOCIATION
2300 Arkansas Valley Drive (501) 225-04$1
Little Rock, AR 72212 Fax (501)324-1504
April 21, 2008
Mr. and Mrs. Joe Mowery
3715 Doral Drive
Little Rock, AR 72212
Dear Betsy and Joe
I am pleased to inform you that at the last meeting of the PVPOA Architectural Committee, your plans to
construct a storage building at your home were unanimously approved.
The committee asks that you notify us if there will be any significant changes to the original plans that
you submitted. Also, please be sure to obtain any necessary permits as required by the City of Little
Rock.
I hope you enjoy the new addition to your home. From the plans submitted, it sounds wonderful!
Please call me if 1 can be of further assistance.
Yours very truly,
Kris M. Alexander
Executive Director
a
enclosure
MAY 19, 2008
ITEM NO.: 5
File No.: Z-8347
Owner/Applicant: Joseph M. Hicks
Address: 805 Cartier Lane
Description: Lot 411, St. Charles Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-
254 to allow a deck addition with reduced setbacks.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The R-2 zoned property at 805 Cartier Lane is occupied by a two-story brick
and frame single family residence. There is a two -car wide driveway from
Cartier Lane which serves as access. The drive leads to a side loading garage
at the northwest corner of the residence.
A recently constructed deck is located at the southeast corner of the residence
within the rear yard area. The deck is located approximately 2.5 feet above
grade and is constructed over an existing patio area. The deck is unenclosed
and will be partially covered with an arbor -type structure. There will be no
solid roof structure. The deck is located six (6) feet from the east side property
line and 18 feet from the rear (south) property line.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side
setback of eight (8) feet for this R-2 zoned lot. Section 36-254(d)(3) requires a
minimum rear setback of 25 feet. Therefore, the applicant is requesting
MAY 19, 2008
ITEM NO.: 5 (CON'T.)
variances from these ordinance standards to allow the newly constructed deck
with reduced side and rear setbacks.
Staff is supportive of the requested setback variances for the proposed deck
structure. Staff views the request as reasonable. The deck structure being
unenclosed and having no solid roof structure will have very little visibility from
the adjacent properties, as there is an opaque wood fence enclosing this rear
yard area. Staff believes the proposed deck structure will have no adverse
impact on the adjacent properties or general area.
C. Staff Recommendation:
Staff recommends approval of the requested setback variances, subject to the
deck structure remaining unenclosed and not covered with a solid roof
structure.
BOARD OF ADJUSTMENT:
(MAY 19, 2008)
Joseph Hicks was present, representing the application. There were no objectors
present. Staff presented the application with a recommendation of approval. Staff
noted that no complaints had been received regarding the newly constructed deck.
Joseph Hicks addressed the Board in support of the application. He noted that the
deck was constructed to provide a larger level area in the rear yard for his children to
play.
James Van Dover noted concern with construction of the deck prior to a building
permit or variance request. Mr. Hicks explained that the deck is constructed over an
existing patio area and that he did not know about the City's Ordinance
requirements.
Mr. Van Dover asked if Mr. Hicks had a contractor. Mr. Hicks noted that he did the
deck construction himself with the help of a friend.
Scott Smith asked Mr. Hicks how he knew to request a variance. Mr. Hicks noted
that an inspector from the City noticed the deck construction and informed him that
he needed a building permit.
There was a motion to approve the application, as recommended by staff. The
motion passed by a vote of 4 ayes and 1 nay. The application was approved.
Joseph M Hicks
805 Cartier lane
Little Rock, AR 72211
April 25, 2008
Dear Zoning Ordinance Board;
Thank you for taking time to review my request. I am requesting to build a wood deck in place of the
cracked concrete deck. I need to expand my deck to make more use of my back yard. Due to the slope in
the backyard, I have very little usable space for my children to hang out and play.
I would like the new deck to come out from my house toward the side property line about 31 inches to
allow for digging the post holes and I would like to extend the deck about ten feet out the back to create a
level area for my family to enjoy having cookouts. My deck will be flush with the existing doors that lead
outside to the deck it is not raised much over the existing concrete deck.
I appreciate your time and thank you for your review.
Sincerely,
Jose Hic s
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May 19, 2008
There being no further business before the Board, the meeting was adjourned at 2:32 p.m.
Date:
Chairman