boa_11 24 2008H
LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
NOVEMBER 24, 2008
2:00 P.M.
Roll Call and Finding of a Quorum
A Quorum was present being four (4) in number.
Approval of the Minutes of the Previous Meetings
The Minutes of the October 27, 2008 meeting were
approved as mailed by unanimous vote.
III. Members Present:
Members Absent:
Terry Burruss, Chairman
David Wilbourn, Vice Chairman
Scott Smith
James Van Dover
Robert Winchester
City Attorney Present: Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
NOVEMBER 24, 2008
2:00 P.M.
I. OLD BUSINESS:
A.
Z-7931 -A
401-409 President Clinton Avenue
B.
Z-8391
10 Deauville Circle
C.
Z-8392
1114 Jefferson Street
D.
Z -5246-A
7524 Baseline Road
E.
Z-8402
28 Willow Oak Court
I1. NEW BUSINESS:
1. Z -6240-C
10 Viewpointe Cove
2. Z -6957-K
Southwest Corner Colonel Glenn Road
and Talley Road
3. Z -6957-L
West Side of Talley Road, South of
Colonel Glenn Road
4. Z -8290-A
5800 North Country Club
5. Z-8417
5720 South Country Club
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NOVEMBER 24, 2008
ITEM NO.: A
File No.: Z-7931 -A
Owner: Central Arkansas Library System
Applicant: Ed Sergeant/PSRCP Architects
Address: 401-409 President Clinton Avenue
Description: South side of President Clinton Avenue, between Rock and
Commerce Streets
Zoned: UU
Variance Requested: Variances are requested from the sign provisions of Section
36-353 to allow signage, which varies from the River Market Design Overlay District
standards.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Commercial Building
Proposed Use of Property: Library
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The UU zoned property at 401-409 President Clinton Avenue contains new
building construction and renovation of existing buildings for the Arkansas
Studies Institute (Central Arkansas Library System) and Clinton School of
Public Service. On September 25, 2005 the Board of Adjustment approved
variances associated with the new building construction and signage plan for
the property. Work is progressing on the new building construction and
building renovation.
The applicant is now requesting to add four (4) signs to the previously
approved signage plan for the property. The signs are labeled as "J" through
"M" on the attached site plan and sketches. The proposed additional signs are
as follows:
NOVEMBER 24, 2008 (
ITEM NO.: A (CON'T.)
• Sign "J" — 50 square foot wall sign on the north side of the building
("Clinton School of Public Service"), located on the third story level of
the building.
• Sign "K" — 50 square foot wall sign on the south wall of the building
("Arkansas Studies Institute"), located on the third story level of the
building.
• Sign "L" — 100 square foot wall sign on the south wall of water tank
building feature (Arkansas Studies Institute "logo"), located above the
third story level of building.
• Sign "M" — 30 square foot wall sign on the east wall of the building
("Arkansas Studies Institute"), located on the third story level of the
building.
Section 36-353(c)(1)a. of the City's Zoning Ordinance (sign criteria for River
Market District) requires that signs not extend above the second floor window
sill of a building. Section 36-353(c)(2) allows a maximum sign area of 25
square feet per sign. Section 36-353(a)(1)h. requires that signs face public
street right-of-way, except those permitted on facades facing the Arkansas
River. Section 36-353(c)(1)b. allows a maximum of three (3) signs per
business. Therefore, the applicant is requesting variances from these
ordinance standards to allow all four (4) signs to be located above the second
floor windowsill and to be greater than 25 square feet in area, and to have
more than three (3) total signs (four) for the Arkansas Studies Institute.
Additionally, a variance is requested to allow the sign on the east facade with
no direct street frontage.
Staff is supportive of the requested sign variances. Staff believes the
development and redevelopment plan for this property is a quality one, which
will be a very nice addition to the River Market District and overall downtown
area. The River Market Design Review Committee reviewed the proposed
signage plan on August 8, 2008 and approved the proposed signs as
submitted. The overall area of proposed signage is minimal, given the overall
area of building fagade associated with the development. With respect to the
number of sign proposed, the development has three (3) street frontages, with
the east building facade being separated from Commerce Street by a parking
lot owned by another party. Staff believes the proposed additional signs for
the proposed development will have no adverse impact on the adjacent
properties or general area.
C. Staff Recommendation:
Staff recommends approval of the requested sign variances, subject to a sign
permit being obtained for each sign.
NOVEMBER 24, 2008
ITEM NO.: A (CON'T.)
BOARD OF ADJUSTMENT: (AUGUST 25, 2008)
Staff informed the Board that the application needed to be deferred to the
September 29, 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 September 29,
2008 Agenda as recommended by staff with a vote of 4 ayes, 0 nays and 1 absent.
Staff Update:
On September 2, 2008, the applicant submitted a letter to staff requesting this item
be deferred to the October 27, 2008 Agenda. Staff supports the deferral request.
BOARD OF ADJUSTMENT: (SEPTEMBER 29, 2008)
Staff informed the Board that the applicant requested the application be deferred to
the October 27, 2008 Agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred to the October 27, 2008
Agenda as recommended by staff with a vote of 5 ayes and 0 nays.
BOARD OF ADJUSTMENT: (OCTOBER 27, 2008)
Staff informed the Board that the applicant requested the application be deferred to
the November 24, 2008 Agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred to the November 24,
2008 Agenda as recommended by staff with a vote of 4 ayes, 0 nays and 1 absent.
BOARD OF ADJUSTMENT: (NOVEMBER 24, 2008)
Ed Sergeant and Linda Bly were present, representing the application. There were
no objectors present. Staff presented the application with a recommendation of
approval.
Ed Sergeant addressed the Board in support of the application. He described the
proposed sign on the water tower, as it was identified as the only sign of concern to
one (1) of the Board members. He explained that the water tower was previously
removed from the building and recently reattached as an architectural feature.
James Van Dover commented that there was going to be ample signage on the
building, and asked why the logo on the water tower was essential. Mr. Sergeant
explained that the logo on the tower would aid in identifying the building and its use
NOVEMBER 24, 2008 (
ITEM NO.: A (CON'T.)
from a distance. Linda Bly explained that historically water towers had graphics on
them. The issue was discussed further.
There was additional discussion related to the proposed sign on the water tower and
where it would be visible from. The size of he proposed sign was also discussed.
There was additional discussion related to the number of signs proposed for the
building. Mr. Sergeant explained that the sign on the east side of the building would
have very little visibility if the property immediately to the east develops.
Mr. Van Dover referenced the height of the sign on the building. This issue was
discussed as was the issue of the historic nature of the water tower.
There was a motion to approve the variances associated with signs J, K and M, as
described in the staff report and recommended by staff. The motion passed by a
vote of 4 ayes, 0 nays and 1 absent.
There was a second motion to approve the variances associated with sign L, as
described in the staff report and recommended by staff. The second motion passed
by a vote of 3 ayes, 1 nay and 1 absent.
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72- /
APPLICATION FOR A NON-RESIDENTIAL ZONING VARIANCE COVER LETTER
July 24, 2008
The ARKANSAS STUDIES INSTITUTE (ASI) is a joint venture between The Central Arkansas
Library System and the University of Arkansas at Little Rock. The Center will serve as a public
library which will house under one roof the CAL's Butler Center for Arkansas History, the
UALR Archives and Special Collections and the Clinton Gubernatorial Papers Project which will
include the Institute of Arkansas Governmental Studies. This project was reviewed and variances
granted by the Board of Adjustment at its meeting September 26, 2005, Case No. Z-7931.
ASI is currently under construction in the 400 block of President Clinton Avenue in the River
Market District of Little Rock, Arkansas. It includes the adaptive re -use of the Geyer and Adams
and Budget Furniture Buildings with a new addition on the Rock Street or west side.
The building is built to all property lines. It adjoins President Clinton Avenue to the north, Rock
Street to the west (owned by CALS with utility easements) and alleys to the east and south. The
alley and parking lot to the south are owned by CALS.
The variances are requested since the building is visible from all sides and contains several public
agencies and tenants. While the building functions internally as one, it has several doors on the
street which provide separate points of access for its patrons. Separate street addresses on
President Clinton Avenue have been assigned to accommodate their needs: 401 —Arkansas
Studies Institute, 405 — Geyer and Adams tenant, 407 —Budget Building tenants on levels 2 and 3
and 407 — Budget Building Museum.
Iver
Tim Heiple, Chair
Market
Shannon Jeffery -Light, Member
Design
Frank Porbeck, Member
Ann Wait, Member
Review
Jim Jackson, Member
Committee
Planning and Development • 723 W. Markham • Little Rock, Arkansas 72201 • 501-371-479.0 • fax 501-399-3435
August 13, 2008
Board of Adjustment
723 West Markham
Little Rock, AR 72201
Re: Arkansas Studies Institute
Chairman and Members,
Z- 7-�s (- A
The River Market DRC met on August 12, 2008 and reviewed the signage at 401-409
President Clinton Ave. for Arkansas Studies Institute. The DRC approved the signage
as submitted. The final vote was 5 yes, 0 noes and 0 recusals:
Thank you,
V
Brian Minyard
River Market DRC Staff
NOVEMBER 24, 2008
ITEM NO.: B
File No.: Z-8391
Owner: Valley Home Builders
Applicant: Kevin Hannah
Address: 10 Deauville Circle
Description: Lot 28, Block 85, Chenal Valley 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 new single family
residence with reduced front setback 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 10 Deauville Circle is occupied by a two-story brick
and rock single-family residence which was recently constructed. The property
is located on the north side of Deauville Circle and backs up to Chenal Valley
Drive. There is a two -car wide driveway from Deauville Circle which serves as
access. The lot contains a 25 foot front platted building line. The property is
located approximately six (6) feet above the grade of the street.
When the house was constructed, the garage portion (one-story) of the house
was constructed slightly over the 25 foot front platted building line. The main
portion of the house, including front step structure, is located well behind the
building line. The garage portion is located 22 to 23 feet back from the front
(south) property line, crossing the front platted building line by two (2) to three
(3) feet.
NOVEMBER 24, 2008 (
ITEM NO.: B (CON'T.)
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 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 to
allow the garage portion of the house with a reduced front setback and to
cross the front platted building line.
Staff is supportive of the requested variances. Staff views the request as
relatively minor. The front of the garage portion of this house lines up with the
front of the house immediately to the west. Because of the curvature of
Deauville Circle, the house will not have the appearance of being out of
alignment with the residences to the east and west. As noted previously, the
property is located approximately six (6) feet above the grade of Deauville
Circle, which made it more difficult to measure the setback from the front
property line. The minor building line encroachment was not noted by the
City's building code inspectors during the construction of the residence. Staff
believes the proposed front setback and building line encroachments will have
no adverse impact on the adjacent properties or the neighborhood.
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 new residence. 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 variances, subject to the
completion of a one -lot replat reflecting the change in the front platted building
line as approved by the Board.
BOARD OF ADJUSTMENT:
(SEPTEMBER 29, 2008)
Staff informed the Board that the application needed to be deferred to the October
27, 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 October 27, 2008
Agenda as recommended by staff with a vote of 5 ayes and 0 nays.
BOARD OF ADJUSTMENT:
(OCTOBER 27, 2008)
Staff informed the Board that the application needed to be deferred to the November
24, 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 November 24,
2008 Agenda as recommended by staff with a vote of 4 ayes, 0 nays and 1 absent.
NOVEMBER 24, 2008 (
ITEM NO.: B (CON'T.)
BOARD OF ADJUSTMENT:
(NOVEMBER 24, 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 with a vote of 4 ayes, 0 nays and 1 absent.
Kevin Hannah Construction
#2 Germay Court
Little Rock, AR. 72223
501-804-1263
Planning Committee,
-4
My company has built a house on lot 28, of block 85 in the "Deauville" subdivision of
Chenal Valley. This is a spec house that we are trying to sell. We currently have a buyer
that wants the house but will not close unless I can get this variance issue resolved. I have
also discovered that if I do not get a variance, none of the title companies will issue a
potential buyer clear title then we would never be able to sell the. house.
The house is roughly 80 or more feet in width. If you refer to the recent final survey we
did, you can see that there is a section of the garage that crosses over the building set
back line by a couple of feet. The rest of the house is fine except for this little bump out
on the front.
We have done over thirty homes in the Chenal area and never had this happen. I think we
may have missed because the house is way up high and difficult to get and exact measure
from the pin. Or maybe because the road starts to curve at this point and it is difficult to
get a measure spot. We passed all of our city inspections, including the foundation
inspection, during the construction process. We have also received our certificate of
occupancy for the house. Either way, it still crosses the line for a small piece.
The house has fabulous curb appeal and sets in the neighborhood very nicely. Because all
these homes are up on hills, there is no way to tell if one piece sticks out a few feet more
than the neighbors. Therefore it is my hope that you will approve a new building line for
this site or a variance to cover this small piece in front that crosses the building line. This
will enable us to sell the house. Thanks.
Thank you for your consideration on this process.
Sincerely,
Kevin Hannah
NOVEMBER 24, 2008
ITEM NO.: C
File No.: Z-8392
Owner: Derotha Webb
Applicant: Ron Woods
Address: 1114 Jefferson Street
Description: Part of Lot 6, Block 29, Cunningham's Addition
Zoned: C-3
Variance Requested: A variance is requested from the parking provisions of Section
36-502 to allow use of an existing commercial building with no off-street parking.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Commercial Building
Proposed Use of Property: Event Center
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The C-3 zoned property at 1114 Jefferson Street is occupied by a one-story
commercial building. The building is approximately 1,512 square feet in area
and occupies almost the entire 49 foot by 50 foot commercial lot. The property
is comprised of the north 49 feet of Lot 6, Block 29, Cunningham's Addition,
and has a separate owner than the remainder of the lot. The building has a
history of use as some form of commercial business (not a restaurant or
similar type use). The property has no off-street parking. On -street parking is
allowed in the area.
The applicant is proposing to use the existing building as an "event/meeting
center". Section 36-502(b)(3)c. of the City's Zoning Ordinance would require a
minimum of 15 off-street parking spaces for this type use (1 space per 100
square feet of gross floor area). Therefore, the applicant is requesting a
NOVEMBER 24, 2008 i
ITEM NO.: C (CON'T.)
variance from this ordinance requirement for use of the building with no off-
street parking.
Staff is not supportive of the requested parking variance and proposed use of
the property. The applicant is proposing a use which requires the highest level
of off-street parking. Office use of the property would require three (3) off-
street parking spaces and retail commercial uses would require five (5)
spaces. Staff could support a parking variance to allow office or retail use of
the building, but not a use which requires one (1) space per 100 square feet of
gross floor area. The use of the building as proposed by the applicant could
create a large amount of after-hours parking which would encroach into the
single family neighborhood to the north. Office or retail use of the property
would require a much smaller parking demand and would typically be day time
uses. Staff believes use of the building as proposed with no off-street parking
would have an adverse impact on the adjacent properties and neighborhood to
the north.
C. Staff Recommendation:
Staff recommends denial of the requested parking variance, as filed.
BOARD OF ADJUSTMENT:
(SEPTEMBER 29, 2008)
Staff informed the Board that the application needed to be deferred to the October
27, 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 October 27, 2008
Agenda as recommended by staff with a vote of 5 ayes and 0 nays.
BOARD OF ADJUSTMENT:
(OCTOBER 27, 2008)
Staff informed the Board that the applicant requested the application be deferred to
the November 24, 2008 Agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred to the November 24,
2008 Agenda as recommended by staff with a vote of 4 ayes, 0 nays and 1 absent.
Staff Update:
The applicant submitted additional information to staff on November 6, 2008.
The applicant notes that approval has been received from the adjacent owner of
4700/4710 W. 12th Street (Ugly Mike's Records) to use the 26 existing parking
spaces on that site. The site is located immediately west of and adjacent to the
property in question (1114 Jefferson Street).
NOVEMBER 24, 2008 (
ITEM NO.: C (CON'T.)
The applicant notes that the business at 4700/4710 W. 12th Street will close at
5:00 P.M. daily and that there will be no use of the building at 1114 Jefferson
Street before 5:00 P.M. daily. According to the applicant there will be no
simultaneous use of the two (2) properties, freeing all 26 parking spaces at
4700/4710 W. 12th Street for use by the owner of 1114 Jefferson Street. The
applicant has submitted a copy of a lease agreement between the two (2)
property owners for the parking spaces. The lease agreement does not specify a
length of time for the parking use.
Staff continues to have reservations regarding the proposed use of the
commercial building at 1114 Jefferson Street. Staff believes it would be very
difficult to police (by the property owner or City Staff) parking for this commercial
use, assuring that the adjacent parking lot at 4700/4710 W. 12th Street is utilized.
Staff continues to believe that after-hours parking could very easily encroach into
the single family neighborhood to the north. As of this writing, staff's
recommendation of denial of the requested parking variance remains unchanged.
Staff has also received letters of opposition from several nearby residents. The
letters are attached for Board review.
BOARD OF ADJUSTMENT: (NOVEMBER 24, 2008)
Ron Woods and Derotha Webb were present, representing the application. There
were no objectors present. Staff presented the application with a recommendation
of denial.
Ron Woods addressed the Board in support of the application. He presented the
Board with a site plan and a floor plan for the project. He explained that the area of
the building left for events was very small, after construction of a kitchen, bathroom
and office space. He noted that would be a paved walkway from the adjacent
parking at 4700/4710 W. 12th Street to the building at 1114 Jefferson Street.
Derotha Webb also addressed the Board in support of the application. She
described the use of the building as a "resource center" for the community. She
explained that the building had been upgraded with a new roof, windows and doors.
She further described who will use the building.
Chairman Burruss noted that the use of the building was described as an "event
center" on the application form. This issue was briefly discussed.
Scott Smith asked about the floor plan as presented by the applicant. He noted that
the plan showed a full-service, restaurant -style kitchen. Ms. Webb explained that
she wanted to provide meals to persons using the facility.
The issue of parking was discussed with relation to the use of the adjacent buildings.
James Van Dover asked about funding for the project. Ms. Webb explained that it
was a non-profit venture.
NOVEMBER 24, 2008 (
ITEM NO.: C (CON'T.)
The use of the building was discussed further.
Staff suggested the application be deferred in order to clarify use of the building and
possible conditions to be placed on the property. The need for a deferral was
discussed. The applicants indicated that a deferral would be acceptable.
There was a motion to defer the application to the January 26, 2009 agenda. The
motion passed by a vote of 4 ayes, 0 nays and 1 absent.
August 25, 2008
Dana Carney
Zoning and Subdivision Manager
CITY OF LITTLE ROCK
Planning & Development
723 West Markham
Little Rock, AR 72201-1334
RE: 1114 JEFFERSON STREET
ON-SITE PARKING. VARIANCE
Dear Mr. Carney:
We are hereby requesting a variance for the on-site parking requirement for the building at 1114
Jefferson Street. The building is a small structure approximately 1500 sq.ft.; however, it occupies
practically all of the property it sits on. The property is almost square at 49 feet wide by 50 feet deep.
The building is 36 feet wide by 42 feet deep, which doesn't leave any room for on-site parking.
The property is located off 12th Street on.Jefferson in one of the older parts of the City of Little Rock.
The structure has been zoned C-3 for years and has always been used as some form of business. Our
intent'Js to use the existing structure as a meeting center. The traffic generated by this use will not be
significant as the assembly area is only 870 sq.ft. By the most stringent requirements, this facility would
be required to provide at most, nine (9) parking spaces.
This building has always functioned as a business in one form or another and we are only asking to
continue a long established tradition. We are surrounded on all sides by properties owned by others
(commercial and residential) making off-street parking impossible and a true hardship.
We hope you will consider our request favorably. If you have any questions, please don't hesitate to
call.
Sincerely,
WOODS GROUP ARCHITECTS
Ron Bene Woods, AIA
NOMA, LEEP AP
RBW:ddn
`,cL. 2200 MAIN STREET + LITTLE ROCK, AR 72206 t PH (501) 372-2230 + AX (501) 372-22611 * www.woodsgaxom �nj
11. 1G-- Y1D 1.JVf iL1Vl f— 1—LOIi" rovie"'ZIUL r-6'1.1
G1
LEASE AGREEMENT
I, tames Gilliam agree to least the parking spaces at 4700 and 47.0 West 12th
Street to Derotha Webb -McIntosh for the purpose of parking, for the sum of
$1.00 per year. The entire lot may be used for this purpose after 5:00 p.m,
r
a es Gilliam Derotha Webb -McIntosh
rty
ate Date
IUf ZI L15t7J gb:ll 30l.Sb4l 4nL ALIM1bb1UNti PACS. EJli 01
Buddy acid Rhonda Patter-mn
4707 gest 11"
Little Reck, Ar 72204
Department of planning and Development �f J 7
723 West IMarkham
Little Rock Ar
To The Dcparunent of Plwining and De,.-elapmerat regarding Section':a-Sb2 of fhc
Tittle Rock code of Qrdinaices.
"We are opposed to the zoning variance for property 1114 Jefferson Street North of fhe
intersection of 121" and Jefferson owned by Derotha Webb reasons are as follolvs:
1. Parking on street
2• Parking in yards
3. blocking alley
4. Blocking access for Emerge. r;cy Vel, .cies
5• Littering, noise
6. Gang activity
There is already a problem with businesses on 12th Street, Ugly Mikes Records, and
lie Car Wash House -Aith pl,e,,iously mentioned reasons. This compromises the safety
and integrity of neighborhood.
This v4ill lower property values inthe neighborhood and decline overall safety.
Thank you for your time
Buddy and Rhonda Patterson
4707 Nest. l I"
Little Flock Ar 72204
10/.1712008 09:13 6666905
JOA1 1 THOPNTON PAGE 02
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Holy Cross Missionary Baptist Church
4800 West 12th Street
Little Rock, AR 72204
501-666-2060
Hol ccros@swbell.net
October 24, 2008
Department of Planning and Development
723 West Markham
Little Rock, AR 72201
:�- G
�F-S 3 ) -,7-
We the members of Holy Cross Missionary Baptist Church request that property variance be
denied on property located at 1114 Jefferson Street.
During previous events we've had vandalism, trash, liquor bottles, loud noises
on our property. We also feel the activities will not enhance the growth and development of the
community.
you
T0:/- � -
William Easter
Pastor
NOVEMBER 24, 2008
ITEM NO.: D
File No.: Z -5246-A
Owner: Baseline Realty, LLC
Applicant: Ana Arias
Address: 7524 Baseline Road
Description: Northeast corner of Baseline and Chicot Roads
Zoned: C-3
Variance Requested: A variance is requested from the parking provisions of Section
36-502 to allow use of an existing commercial building with reduced parking.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Commercial Building
Proposed Use of Property: Pool Hall
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The C-3 zoned property at 7524 Baseline Road is occupied by a one-story
commercial building. The property is located at the northeast corner of
Baseline Road and Chicot Road. There is paved parking on the south and
west sides of the building. Access drives from Baseline and Chicot Roads
serve the property. The building was previously used as a dry cleaning
business. There is a total of 23 paved parking spaces on the site. The
commercial building is currently vacant, and has 3,920 square feet of gross
floor area.
The applicant is proposing to convert the use of the building to a pool hall with
bar service. Section 36-502(b)(3)c. of the City's Zoning Ordinance requires a
minimum of 39 off-street parking spaces for this type use within the existing
3,920 square foot building (1 parking space per 100 square feet of gross floor
area). Therefore, the applicant is requesting a variance from this ordinance
NOVEMBER 24, 2008 (
ITEM NO.: D (CON'T.)
standard to allow use of the building as a pool hall with bar service with 23 off-
street parking spaces. The applicant has submitted a written lease agreement
for the eight (8) parking spaces on the property immediately to the east at
7510 Baseline Road.
Staff is not supportive of the requested parking variance. Staff does not feel
there is adequate parking on the site to support the use as proposed, requiring
one (1) parking space for each 100 square feet of gross floor area. The
existing parking on the site is only 58 percent of the minimum parking
requirement. Additionally, there are no additional parking spaces on the site
immediately to the east (7510 Baseline Road), which are not spaces needed
toward meeting the minimum parking for that property. Therefore, staff feels
the lease of these parking spaces should not be considered. Staff believes the
building at 7524 Baseline Road should be used for commercial or office
purposes requiring no more than 23 off-street parking spaces. The proposed
use of the property could generate an amount of traffic and parking which this
site is not capable of handling.
C. Staff Recommendation:
Staff recommends denial of the requested parking variance.
BOARD OF ADJUSTMENT:
(OCTOBER 27, 2008)
Staff informed the Board that the application needed to be deferred to the November
24, 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 November 24,
2008 Agenda as recommended by staff with a vote of 4 ayes, 0 nays and 1 absent.
BOARD OF ADJUSTMENT:
(NOVEMBER 24, 2008)
Staff informed the Board that the application needed to be deferred to the January
26, 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 January 26, 2009
Agenda as recommended by staff with a vote of 4 ayes, 0 nays and 1 absent.
EL CE NTE NARI O
September 12, 2008
To: BARD OF ADJUSTMENT
j -4-Z�;)
-�-?-- 5-2-�L -11-
We, El Centenari0 just want to let you know that we do not going to use the all s ace of
the parking lot that is 3,800 ft and We onlygoing to use 3,036 on: p
55 x 50 for table pools
5 x 22 for the bar
11 x 6 for the bathroom
11 x 10 for the storage
You immediate attention to this matter is greatly appreciated.
Sincerely,
ANA ARIAS
E1 Centenario
7524 BASELINE RD.
LITTLE ROCK, AR 72209
(5 01) 612-5395
Parking Lot Lease
^s 7
This Parking Lot Lease, hereafter referred to as the "Lease" is by and between Baseline
Realty, LLC the owner and Ana Arias, lessee.
Whereas lessee desires to rent all the parking spaces at what is commonly know as 7510,
A, B, C Baseline Road, Little Rock, AR 72209 and Lessor agrees to lease said parking lot
under the following terms and agreement.
Term: The term of this lease will be for a period of 36 months beginning with October 1,
2008 and will continue until September 30a', 2011. At which time lessee will have an
option to renew this lease contract for an additional 3 years. Lessee must provide 60 days
written notice of desire to continue leasing of said premise.
During the first lease term lessee agrees to pay $2000.00 per year in equal monthly
installments of $166.66 due and payable on the first of each month. If payments are not
received by Lessor by the 5th day of each month a $25 late fee will be assessed. If
payment is not made by the 15t' of each month this contract will automatically expire and
will no longer be in force. It is understood that should this happen no notice will be
required to notify the lessee due to the nature of the lease. Should Lessee sell their
business to another owner, this contract will expire and the new owner will be
responsible to establish a new parking lot lease with the current owner Baseline Realty,
LLC. Lessee agrees to keep the parking lot clean and free of trash at all times, if Lessee
fails to do so Lessor may hire someone to clean the parking lot and said cost will be
added to the current months lease.
Baseline Realty LLC reserves the right to cancel this agreement with a 30 day written
notice to the lessee at their place of business, 7524 Baseline Rd, Little Rock, AR 72209.
It will be considered delivered if sent by first class mail RRR. Or if hand delivered by
the owner of representative of the owner.
Should lessee desire a second term of 3 years at the expiration of this agreement, there
will be a 15% increase in the rental amount to $2300.00 per year.
It is further agreed that this contract for parking lease will be governed by the laws of the
State of Arkansas and should any part of this contract be deemed unenforceable it will
only make that portion of the contract unenforceable the entire document will still be
used to determine any issues arising from either parry. Should any type of legal action
need to be taken to enforce this lease, the prevailing party shall be awarded any cost to
include but not limited to attorney's fees and or collection or filing fees associated with
enforcement of this contract.
Date -09Centeario Pool Hall
�C® Date -4 Baseline Realty LLC
NOVEMBER 24, 2008
ITEM NO.: E
File No.: Z-8402
Owner: Gerald Robert Garrison
Applicant: Lenice Garrison
Address: 28 Willow Oak Court
Description: Lot 38, Block 7, Parkway Place Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-
254 to allow a building addition with reduced rear setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
1. Measures to control stormwater drainage should be implemented to not
cause damage onto adjacent property from the increased impervious
surface.
B. Staff Analysis:
The R-2 zoned property at 28 Willow Oak Court is occupied by a one-story
frame single family residence. There is a two -car driveway from Willow Oak
Court at the northeast corner of the property. There is an open drainage ditch
which runs along the rear (west) property line of the lot. There is also a wood
deck on the rear of the structure which is uncovered and approximately ten
(10) feet above grade, as the property slopes downward to the rear property
line. The deck is located 15 feet back from the rear (west) property line.
The applicant is proposing to remove the deck structure from the residence
and construct a one-story room addition on the rear of the structure, as noted
on the attached site plan. The room addition will be approximately 12 feet by
NOVEMBER 24, 2008
ITEM NO.: E (CON'T.)
52 feet in area, or approximately 624 square feet. The proposed room addition
will maintain the same 15 foot rear setback as the existing deck structure. The
rear 15 feet of the lot is a drainage and utility easement.
Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear
setback of 25 feet for R-2 zoned lots. Therefore, the applicant is requesting a
variance from this ordinance standard to allow the room addition with a 15 foot
rear setback. All other setbacks comply with ordinance standards.
Staff is supportive of the requested variance. Staff views the request as
reasonable. Staff's support is based primarily on the fact that the single family
lot in question is only approximately 89 feet deep. Single family lots typically
have depths of over 100 feet, as 100 feet is the minimum depth allowed by
ordinance. The shallow depth of the lot greatly reduces the buildable area, as
compared to other lots in the area. In addition, the single family homes to the
west are set back approximately 25 feet from their rear property lines, so more
than adequate separation will exist between these structures and the
residence at 28 Willow Oak Court. Staff believes the proposed room addition
with reduced rear setback will have no adverse impact on the adjacent
properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested setback variance, subject to the
following conditions:
1. The addition must be constructed to match the existing residence.
2. Compliance with the Public Works requirement as noted in paragraph A.
of the Staff Report.
BOARD OF ADJUSTMENT:
(OCTOBER 27, 2008)
Staff informed the Board that the application needed to be deferred to the November
24, 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 November 24,
2008 Agenda as recommended by staff with a vote of 4 ayes, 0 nays and 1 absent.
BOARD OF ADJUSTMENT:
(NOVEMBER 24, 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 with a vote of 4 ayes, 0 nays and 1 absent.
Request for Variance
The residence in question has a pre-existing deck. The applicant would like to
replace that deck with a sunroom. The proposed sunroom would be the same width as
the existing deck, but extend to the full length of the house.
There is a rainwater collection drainage area that separated this property from
three of the five properties that are within the notice area. At present privacy landscaping
is along this drainage area in the form of trees and shrubs that block view of the deck to
adjoining properties. This landscaping would remain.
Nothing else will be changed from it's present state except the length of the room
versus the deck and the room would be an attractive permanent addition to the existing
residence.
Therefore the applicant is requesting a 15 foot set back that is in existence for the
deck rather than the 25 foot set back allowed for a room. The 25 foot set back would not
allow a room of useful size to be built.
Thank you,
Lenice Garrison
NOVEMBER 24, 2008
ITEM NO.: 1
File No.: Z -6240-C
Owner: WB Sports of Little Rock, LLC
Applicant: Jason Fortune and Bob Tanner
Address: 10 Viewpointe Cove
Description: West side of Viewpointe Cove, North of Cantrell Road
Zoned: O-3
Variance Requested: A variance is requested from the sign provisions of Section 36-
557 to allow a wall sign with no direct street frontage.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Sports Training Facility
Proposed Use of Property: Sports Training Facility
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The 0-3 zoned property at 10 Viewpointe Cove is occupied by a one-story
metal commercial building within the west half of the property. The building
houses a sports training facility (D1) which was recently approved as a
conditional use permit by the Little Rock Planning Commission. There is an
access drive at the northeast corner of the property from Viewpointe Cove.
Paved parking is located on the east side of the building, between the building
and Viewpointe Cove. The elevation of the property is approximately 15 to 18
feet higher than the property immediately to the south (surgery center) which is
located at the northwest corner of Viewpointe Cove and Cantrell Road.
The applicant is proposing to place a wall -mounted sign on the south building
facade, as noted on the attached elevation sketch. The sign will be
approximately 60 square feet in area and face the property immediately to the
NOVEMBER 24, 2008
ITEM NO.: 1 (CON'T.)
south, with visibility from Cantrell Road. There is currently one (1) small wall
sign on the building's east fagade, facing Viewpointe Cove.
Section 36-557(a) of the City's Zoning Ordinance requires that all wall signs
face required street frontage. Therefore, the applicant is requesting a variance
from this ordinance requirement to allow the wall sign on the south fagade with
no direct street frontage.
Staff is supportive of the requested sign variance. This is consistant with what
staff has supported in the past for wall signs without street frontage. The site
is located at a much higher elevation than the property immediately to the
south, so the proposed wall sign on the south building wall will have good
visibility from Cantrell Road and will aid in identifying the facility to traffic along
Cantrell Road. Staff believes the variance to allow a wall sign without street
frontage in this case is reasonable and will have no adverse impact on the
adjacent properties or general area.
C. Staff Recommendation:
Staff recommends approval of the requested sign variance, subject to a permit
being obtained for the proposed sign.
BOARD OF ADJUSTMENT:
(NOVEMBER 24, 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 with a vote of 4 ayes, 0 nays and 1 absent.
DiSportsTraining.com
October 27, 2008
DI Birmingham I D1 Chattanooga I D1 Greenville I DI Huntsville
D1 Knoxville I DI Little Rock I DI Memphis I DI Nashville
Mr. Monte Moore
Department of Planning and Development
723 West Markham
Little Rock, AR 72201.
Mr. Moore,
WB Sports of Little Rock, LLC is submitting an application for a zoning variance (signs).
We are requesting to add an external sign to our D1 Little Rock Sports Training
& Therapy facility, located at 10 Viewpointe Cove, Little Rock, AR 72223.
We believe the unique facility location justifies a variance from the requirements
of the zoning ordinance.
D1 Little Rock is located on a large hill, with an excessive slope and unusual lot
configurations. The aforementioned signage request provides the best visibility
to vehicle traffic on Highway 10/Cantrell Road.
After reviewing the attached application for zoning variance (signs), please
communicate with Bob Tanner regarding any additional requirements and
needs. Bob, who is with Barger Tanner Construction, can be reached at
615.405.3037.
Thanks in advance for your consideration of this request!
Will Bartholomew
President & CEO
WB Sports of Little Rock - 10 Viewpointe Cove - Little Rock, AR 72223
NOVEMBER 24, 2008
ITEM NO.:
File No.: Z -6957-K
Owner: Colonel Glenn Center, LLC.
Applicant: Pat McGetrick
Address: Southwest Corner of Colonel Glenn Road and Talley Road
Description: Lot 3, Colonel Glenn Centre Addition
Zoned: C-3
Variance Requested: Variances are requested from the sign provisions of Section 36-
555 to allow a ground sign which exceeds the maximum height and area allowed.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Undeveloped
Proposed Use of Property: Future Commercial Development
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The Colonel Glenn Centre commercial subdivision is located at the southwest
corner of Colonel Glenn Road and Talley Road, with Interstate 430 frontage
along the west boundary of the subdivision. The subdivision is zoned C-3, C-
4, 0-3 and PD -O. Landers Toyota occupies the northwest portion of the
subdivision, with office development (including a hotel) within the south half of
the subdivision. A Holiday Inn hotel is located along Talley Road, within the
northeast portion of the development. The remaining C-3 and C-4 zoned
portion of the subdivision is undeveloped.
The applicant is proposing to construct a ground -mounted sign for the
undeveloped C-3 and C-4 zoned portions of this subdivision. The sign will be
located along the Colonel Glenn Road frontage (northeast corner of Lot 3), as
noted on the attached sketch. The proposed sign will be 50 feet in height, with
a sign face of approximately 437 square feet and approximately 360 square
NOVEMBER 24, 2008 (
ITEM NO.: 2 (CON'T.)
feet of sign copy. The applicant is proposing the sign to serve the commercial
area of the subdivision, east of the Landers Toyota facilities and north of the
office zoned portion of the subdivision. The applicant notes that if the proposed
large subdivision sign is approved, no other ground -mounted sign will be
constructed within this commercial area of the subdivision. The Holiday Inn
currently has one (1) ground -mounted sign on the north side of the hotel
building, and the Landers Toyota development has existing ground -mounted
signs.
Section 36-555(a)(2) of the City's Zoning Ordinance allows one(1) free-
standing sign per lot for commercial zoned property. Each free standing sign
is allowed to have a maximum height of 36 feet and a maximum area of 160
square feet. Therefore, the applicant is requesting variances to allow the
larger subdivision sign with a height of 50 feet and area of approximately 437
square feet (360 square feet of sign copy).
Staff is supportive of the requested sign variances. Staff views the request as
reasonable, given the fact that the large subdivision sign as proposed will take
the place of approximately nine (9) ground -mounted signs which could be
allowed for the lots within this portion of the subdivision. The proposed
complex sign is similar to those approved for other commercial developments
such as Mabelvale Plaza and Shackleford Crossings. Staff believes the
proposed sign will have no adverse impact on the area as long as no other
ground -mounted signs are constructed within this commercial area of the
subdivision and only businesses within this commercial area have copy on the
sign.
C. Staff Recommendation:
Staff recommends approval of the requested sign variances, subject to the
following conditions:
1. No additional ground -mounted signs will be allowed within the commercial
zoned area of the Colonel Glenn Centre (area east of the Landers Toyota
development and north of the 0-3 zoned portion of the subdivision).
2. Only businesses within this commercial zoned portion of the subdivision
will be allowed to have copy on the sign.
3. A permit must be obtained for the sign.
BOARD OF ADJUSTMENT:
(NOVEMBER 24, 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 with a vote of 4 ayes, 0 nays and 1 absent.
Mc.GETRIC McGETRICK, INC.
ENGINEER5 - PLANNER5 - DEVELOPER5
October 27, 2008
Mr. Monte Moore
Zoning Administrator
Department of Planning and Development
723 West Markham Street
Little Rock, AR 72201
Re: Sign Variance
Colonel Glenn Centre
Dear Mr. Moore:
-6 7S -7 l -
We are herewith requesting a variance to allow a development sign to be constructed for
the Colonel Glenn Centre. This sign will exceed the height requirements by
approximately 15 feet as well as the square footage presently allowed by the City. By
constructing this overall sign, we are eliminating signs for individual lots except for the
Landers Toyoto sign which has previously been approved.
If you have any questions, please feel free to contact us.
Sincerely,
McGetrick & McGetrick
Patrick M. McGetrick, P.E.
10 Otter Creek Court, 5ulte A
Little Rock, AR 72210
501-455-5599 fax 501-455-8898
NOVEMBER 24, 2008
ITEM NO.: 3
File No.: Z -6957-L
Owner: Colonel Glenn Centre, LLC
Applicant: Pat McGetrick
Address: West side of Talley Road, approximately 1,000 feet south of
Colonel Glenn Road
Description: Lot 21, Colonel Glenn Centre Addition
Zoned: C-4
Variance Requested: A variance is requested from the area provisions of Section 36-
302 to allow construction of a new commercial building with reduced side setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Undeveloped
Proposed Use of Property: Lawn and Garden Center
STAFF REPORT
A. Public Works Issues:
No Comments
B. Landscape and Buffer Issues:
1. Compliance with the City's Landscape Ordinance is required.
2. Currently, there is a seventeen foot wide (17') sidewalk proposed between
the building and the parking lot. The landscape ordinance requires a three
foot (3") minimal green space area.
3. The parking lot spaces are shown at a ten foot width (10') and the parking
aisles are shown at thirty feet (30'), both of which are excessive in size
and can be reduced to allow for more permeable surface space and
additional green space.
4. The landscape ordinance requires a nine foot wide (9') perimeter
landscape strip around the sites perimeter. Currently, this site isn't
meeting this minimal requirement along the northern, eastern, or western
perimeter of the site. A variance from the City Beautiful Commission must
NOVEMBER 24, 2008
ITEM NO.: 3 (CON'T.)
be obtained prior to the issuance of a building permit for a reduction in this
minimal amount.
5. This site must have an automatic irrigation system installed to water all
landscaped areas.
6. Prior to the issuance of a building permit a landscape plan with the seal of
an Arkansas Registered Landscape Architect is required.
C. Staff Analysis:
The C-4 zoned property located along the west side of Talley Road,
approximately 1,000 feet south of Colonel Glenn Road is currently
undeveloped. The property is Lot 21 of the Colonel Glenn Centre Addition.
The subdivision extends north, south and west of this lot, with a stormwater
detention area (separate tract) immediately to the east along Talley Road. The
lot is oriented front to back running north to south and has frontage on an
interior subdivision private access road along the north (front) property line.
The applicant is proposing to develop the lot for a lawn and garden center type
use. A one-story commercial building is proposed within the south half of the
lot as noted on the attached site plan. The proposed building will include an
outdoor garden center area along its east side. Access drives will be located
along the north property line from the.subdivision access road. Paved parking
will be located between the proposed building and the subdivision access road
(north side of building). An asphalt service drive will be located on the west
and south sides of the proposed building. The building is proposed to be set
back approximately 260 feet from the front (north) property line, 87 feet from
the rear (south) property line and 25 feet from the east side property line. The
building is proposed to have no setback from the west side property line.
Section 36-302(e)(2) of the City's Zoning Ordinance requires minimum side
setbacks of 15 feet for C-4 zoned property. Therefore, the applicant is
requesting a variance to allow the zero (0) side setback along the west side
property line. All other building setbacks conform to ordinance requirements.
The applicant has noted that there are plans for a future building expansion,
extending this building to the west onto the adjacent lot, creating a strip center
development.
Staff is supportive of the requested side setback variance. Staff views the
request as reasonable, given the applicant's future plan to extend the building
to the west. The west property line of this lot is an interior side line within a
commercial subdivision, with the lot immediately to the west having the same
ownership. The applicant will need to conform to building code requirements
regarding fire rating of the west building wall located on the property line. The
applicant will also need to assure that the development conforms to the City's
Landscape and Buffer Ordinances. Otherwise, staff believes the proposed
development with reduced side setback is appropriate and will have no
adverse impact on the adjacent properties or general area.
NOVEMBER 24, 2008 i
ITEM NO.: 3 (CON'T.)
D. Staff Recommendation:
Staff recommends approval of the requested side setback variance, subject to
the following conditions:
1. Compliance with the City's Landscape and Buffer Ordinance.
2. Compliance with the City's Building Code requirements for fire rating the
west wall of the proposed building.
BOARD OF ADJUSTMENT:
(NOVEMBER 24, 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 with a vote of 4 ayes, 0 nays and 1 absent.
Mc,GETRICOMGGETRICK, INC.
ENGINEERS - PLANNERS - DEVELOPERS
October 27, 2008
Mr. Monte Moore
Zoning Administrator
Department of Planning and Development
723 West Markham Street
Little Dock, AR 72201
Re: Side Variance
Lot 21, Colonel Glenn Centre
Dear Mr. Moore:
We are herewith requesting a side yard variance to reduce the side yard from 15 feet to 0
lot line for the abovereferenced project. This is to allow development of additional
commercial buildings attached to the building being constructed on Lot 21, Colonel
Glenn Centre. This is Phase I of a larger project, although ownerships may differ on the
adjoining lot.
If you have any questions, please feel free to contact us.
Sincerely,
McGetrick & McGetrick
Patrick M. McGetrick, P.E.
10 Otter Creek Court, 5ulte A
Little Rock, AR 72210
501-455-8899 fax 501-455-8895
NOVEMBER 24, 2008
ITEM NO.: 4
File No.: Z -8290-A
Owner/Applicant: Andrew B. Faulkner
Address: 5800 N. Country Club
Description: Northwest Corner of N. Country Club and N. Pierce Street
Zoned: R-2
Variance Requested: A variance is requested from the fence provisions of Section 36-
516 to allow a fence which exceeds the maximum height allowed.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
The fence is already constructed. The new fence is not built in the
location as shown on the plan. The fence is built in the public right-of-way
and beyond the owner's property line. That part of the fence extending
into the public right-of-way must be removed. The fence appears to be
constructed about 2 ft. off the back of the street gutter. From the survey,
the right-of-way line is located 7 ft from the back of the street gutter.
2. The concrete must be removed from the gutter pan where the old driveway
apron was located. This may require the gutter to be replaced in the area of
the old driveway apron.
B. Staff Analysis:
The R-2 zoned property at 5800 N. Country Club contains a two-story frame
single-family residence which is in the process of being remodeled, including
an addition to the north end of the residence which was recently approved by
the Board of Adjustment. The property is located at the northwest corner of N.
Country Club and N. Pierce Street. There is a two -car wide driveway from N.
Pierce Street which accesses a garage at the northeast corner of the
residence.
NOVEMBER 24, 2008
ITEM NO.: 4 (CON'T.)
As part of the construction project, the applicant recently constructed a new
wood fence along the east property boundary. The fence is six (6) feet tall
(four (4) feet of solid wood panels with two (2) feet of lattice on top), and
extends from the east side of the residence across the east side property line
to within two (2) feet of the curb line of N. Pierce Street. The new fence
extends approximately five (5) feet across the east side property line, into the
public right-of-way.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum
fence height of four (4) feet for fences located between building setback lines
and a street rights-of-way. Section 36-254(d)(2) requires a minimum side
building setback of six (6) feet for this R-2 zoned lot. Therefore, the applicant
is requesting a variance to allow the six (6) foot high fence to be located
between the side building setback line and the street right-of-way, extending
into the street right-of-way by approximately five (5) feet.
Staff is not supportive of the requested fence variance. As noted in paragraph
A. (Public Works Issues) of the staff report, the City's Public Works
Department does not support the fence encroaching into the public right-of-
way and notes that it must be removed to the property line. If the applicant
were willing to remove that portion of the fence which extends into the public
right-of-way, staff could support a variance to allow the six (6) foot high fence
to be located on the east side property line. A fence on the east property line
would be consistant with other fences along N. Pierce Street. The property
immediately to the east across N. Pierce Street does have a nonconforming
fence which extends into the right-of-way. If that fence is ever removed for any
reason, the Public Works staff would not allow it to be reconstructed in the
public right-of-way. Staff believes the fence located in the right-of-way could
have adverse sight -distance impacts on traffic along N. Pierce Street.
C. Staff Recommendation:
Staff recommends denial of the requested fence height variance.
BOARD OF ADJUSTMENT:
(NOVEMBER 24, 2008)
Andrew Faulkner was present, representing the application. There were no
objectors present. Staff presented the application with a recommendation of denial.
Andrew Faulkner addressed the Board in support of the application. He explained
that the fence was constructed into the right-of-way by mistake. He noted that he
fence was constructed to match the setback of the fence across N. Pierce Street to
the east. He explained that the fence did not block any views. He explained that he
could amend the application to move the six (6) foot high fence out of the right-of-
way and to the east side property line.
NOVEMBER 24, 2008 (
ITEM NO.: 4 (CON'T.)
Chairman Burruss noted that he could not support the fence encroachment into the
right-of-way. James Van Dover asked if the fence was on the site plan at the time
the setback variances were approved for the addition to the house. Mr. Faulkner
indicated that it was not.
Mr. Faulkner amended the application to move the six (6) foot high fence out of the
right-of-way and locate it on the east side property line.
There was a motion to approve the amended application for a six (6) foot high fence
to be located on the east side property line, subject to the existing fence being
removed from the N. Pierce Street right-of-way within 30 days. The motion passed
by a vote of 4 ayes, 0 nays and 1 absent. The amended application was approved.
iu/ su%zuus ua:153 PA.& 5ui zzi /U5"f
Andrew B. Faulkner
5800 N. Country Club Blvd,
Little Rock, AR 72207
(501)766-0760
NIA FACSI1yIIL,E ONFL Y: 395-3435
Little Hock Board of A-diustment
do Monte Moore
?23 W. Markharn St., l' Floor
Little Rock, Aid 72201-1334
Pae: Apphcation. for Zoning variance
5800 N. Country Club Blvd
Little Bock, AR 72207
Dear Mr. Moore:
9002
Please let this letter serve as my cover letter detailing my proposal and providing
the Board of Adjustments with my justifications for requesting a variance frorn the
requirements of the Zoning Ordinances.
I am requesting a variaswe to the area provisions of Section 36-5I6(E)IA of the
Little Rock Code of Ordinances to permit me to have a fence four feet into the six foot
right of way on the west side of my property. I am also requesting a variance to the area
provisions of Section 36-516(F)(5) of the Little Rock Code of Ordinances to permit me to
have a fence that is six, feet tall 'within the right of way on the west side of my property.
The justification for my request is that due to where my home is constructed on the
property, I do not have ample room for a back yard. In addition to this, due to where my
house is constructed wid due to the sloping of my property, there is no where else for me
to put my fence. I wnt a fence for the satiety of my children playing in the back yard as
well as for sects ity reasons (i.e., to deter intruders from being able to see i,Ito my house
from. N. Pierce.
I do not believe tr_y fence woutd pose a safety concern for traffic considering the
fact that it would be built over 60 feet away from the nearest traffic intersection and the
intersection that it is closest to is a 4 -way stop. Therefore, I do not bclieve there is a
hazard with someone being able to see traffic coming south on N. Pierce St. due to that
traffic having to stop at the stop sign in front of my house.
I respectfully request the Board approve my request and grant me the variances I
have applied for on my lot. Thank you for your consideration.
Sincerely,
/ftew-1;-
Faulkner
NOVEMBER 24, 2008
ITEM NO.: 5
File No.: Z-8417
Owner/Applicant: Scott Allison
Address: 5720 South Country Club
Description: Lot 89, 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 construction of a new
residence with reduced setbacks and which crosses (steps) a front 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 5720 S. Country Club is occupied by a one-story
brick and frame single-family residence. There is a one -car wide driveway at
the southeast corner of the lot. There is a small accessory building in the rear
yard, near the northwest corner of the lot. The lot contains a 25 foot front
platted building line.
The applicant proposes to remove the house and accessory building from the
property and construct a new single family residence and accessory garage,
as noted on the attached site plan. The new residence will be two-story
construction, with the detached garage being located near the northeast corner
of the lot. A new driveway will be constructed, extending from the southeast
corner of the lot to the new garage. The main foot print of the house will meet
minimum building setbacks, with three (3) exceptions. An uncovered,
unenclosed step structure will extend from the front of the house approximately
three (3) feet across the 25 foot front platted building line. A small "bump -out"
NOVEMBER 24, 2008 (
ITEM NO.: 5 (CON'T.)
along the west side of the building will be located five (5) feet back from the
west side property line. The applicant is also proposing a one-story carport on
the east side of the structure. The carport will be unenclosed on its north,
south and east sides and be constructed to match the proposed residence.
The carport is proposed to have a side setback of 1.5 feet from the east side
property line.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet for this R-2 zoned lot. Section 36-254(d)(2) requires
minimum side setbacks of six (6) feet. Section 31-12(b) 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 proposed
residence with reduced side setbacks, and the front step structure with a
reduced front setback and to cross the front platted building line.
Staff is supportive of the requested building line and setback variances. Staff
views the request as reasonable. Only a small portion of the residence
(approximately 18 square feet) encroaches into the required west side
setback. The front step structure will have a front setback consistant with the
steps on the existing house and steps on other houses along S. Country Club.
With respect to the requested side setback for the carport, staff has
consistently supported unenclosed, one-story carports with side setbacks of
1.5 feet to the overhang. The house immediately to the east has a setback of
approximately seven (7) feet. Therefore, adequate separation will exist
between the two houses. The proposed house with reduced setbacks is not
out of character with other new residences which have been constructed in this
neighborhood over the past several years. Staff believes the proposed
residence with reduced front and side setbacks 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 front building line
for the step structure. 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, associated with the new residential structure, 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 front step structure which extends across the front platted building
line must remain uncovered and unenclosed.
NOVEMBER 24, 2008
ITEM NO.: 5 (CON'T.
3. The carport structure must remain unenclosed on its north, south and
east sides.
4. The carport structure is to have a minimum side setback of 1.5 feet from
the east side property line as measured to the structure's overhang.
5. The carport structure must be constructed to match the new residence.
6. Guttering must be provided on the carport structure to prevent water
run-off onto the adjacent property to the east (if the roof structure is
sloped toward the east property).
7. Any down -spouts must be directed away from adjacent property and
direct water run-off to the street.
BOARD OF ADJUSTMENT:
(NOVEMBER 24, 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 with a vote of 3 ayes, 0 nays, 1 absent and 1 recusal. (Smith)
Insurance & Fina( 1 Services
2300 Andover Ct., Suite 600
Little Rock, AR 72227
501-280-0300
800-220-0879
Fax 501-280-9769
2- e�1-7
October 24, 2008
Planning Commission and Board of Adjustment:
We have lived at 5720 South Country Club since 1995.Our existing residence is 1731 Sq.
Ft. and is one story. We are proposing building a two story home with 2200 Sq Ft on the
lower level and 2,115 sq ft on the upper level. Our intent is for the new house to blend in
architecturally with the neighborhood homes character and massing. A 17'-6" portion of
the new house would extend into the west side setback by 2 feet and 2 inches. A 20 foot
wide porte-cochere, or covered driveway, would encroach into the east side yard setback
5 feet. The front of the house would be within the front setback, but the entry steps would•
extend into the front yard setback 3 to 4 feet.
We are requesting the variance for the porte-cochere because we are building a detached
garage andlwquld like to have coverage when unloading things into the home. The
variant for t west side is where the fireplace will be and it will also add character to
the h e as pposed to have a single flat wall.
Securities offered through Sunset Financial Services, Inc. • 3520 Broadway, Kansas City, MO 64111 • 816-753-7000 (OSJ) • Member NASDISIPC
Allison Tnsnra.nre Rr Fina,nrial Services. Tnr. is nnr an afliarP nr snhsirliary nFSnn.cer Finanrial Rewires Tnr
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November 24, 2008
There being no further business before the Board, the meeting was adjourned at 3:01 p.m.
Date:
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Chairm n Secretary