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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 t f 00O _ O ■ – 3NId a31ZVa3 N llnvalHl _ .,y Jb n 1 a o W U � - Nvw630 - W � M CC wvw W` O � _ Avrnovoaa HDav 'Vol M- v = 3153HOa3H3a0 NN lW – _ b C \R�RSZ�A rdWoom o 3NId =3NId z Y atl03J Nol IM 110Js $ h� • (� A1F63A1Nn Nave aIV3 AlIS63AINCI �- soNlads a3A3o .--� S3HOOH I o !ddlcgSSIW d, x = alona3s3a MOaatla NHOr 31v c,Q 3NN13H _ Oa0331NJVHS i Oa 331NJVH_ w �10atls o WVHatld A3NOpa o Naw as ¢W � — s11Wil � I – N ' 3pOla AMA H�YOJ3gYls ORe\S c v 4 o� C`F' yctP� CR V / tiQ NVAIllnS 180315 <L m Oh \P sllWn A11J 'B v pin, 3ltlONa33 O 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. �/y /CJS ` 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 r4 -72-�`�v C,F,a&� .. lel/1+f2�198 95:16 66E6995 JOA144 THORNTON PAGE n 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 0-) Ol �l a� 0 m c a� a� z Q m z W m �u 1111 Ilk 1111 0111111111 W z I-- 0: UJ >- o Of Q _� min [I w0Ov mow ui w . z CO D O W ¢ O = o U t,uelfmi — z z_ pmU) November 24, 2008 There being no further business before the Board, the meeting was adjourned at 3:01 p.m. Date: U Chairm n Secretary