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boa_07 31 2006I LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES JULY 31, 2006 2:00 P.M. Roll Call and Finding of a Quorum A Quorum was present being three (3) in number. Approval of the Minutes of the Previous Meetings The Minutes of the June 15 and June 26, 2006 meetings were approved as mailed by unanimous vote. Members Present: Members Absent: Andrew Francis, Chairman Fletcher Hanson David Wilbourn Open Position Terry Burruss, Vice Chairman City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA JULY 31 2006 2:00 P.M. I. OLD BUSINESS: ITEM NO.: FILE NO.: LOCATION: A. Z -2668-A 209 N. Pierce Street B. Z -4099-B 1118 West 3rd Street C. Z -5849-A 5201 Hawthorne Road D. Z-8060 6404 Geyer Springs Road II. NEW BUSINESS: ITEM NO.: FILE NO.: LOCATION: 1. Z -2686-B 2804 Kavanaugh Blvd. 2. Z -7407-A 9203 Chicot Road 3. Z-8070 9201 Cloverhill Road 4. Z-8071 7001 Rockwood Road 5. Z-8072 6402 Pecan Lane 6. Z-8073 17 Beauregard Drive 7. Z-8074 2116 N. Cleveland Street 8. Z-8075 16 Glasgow Court 9. Z-8076 8223 Baseline Road f CD t- (/ O - d31ZVae O 11nV81Ht C ' LO ,7y�d�oco � n 0 a n NVW830 tz e NIM AVMOVONS H08V NO1N0 I 1S3HO a3H380 o _ ONIN IN e— 4 MOa000M o 3NId 3 Q i n 133�1S — Nld " y 8V 0 r) NO1lIWV 11005 —S�Nfdds C� ravd ale > a J yr`� iO ) AlISa3AINn Allsa3nlN0 SONI8d5 83A30 S3HOnH FF N S I Iddiss IN 6 _ l001H0 I"7 810na3S38 M088V8 NHOf 0) 3 W yy b 3NN13H 7 080331N0VHS o SIOaVs Oa 31 0V S _ o cs m o WVHBVd A3Np0a {.J ho NV 08 ~ slmn A110 a 30018 AWN d1so� n, W ORg\t n co Vv�`�C� CR,ISSP� co � Nvnlllns lanM3ls kryy H- 0 S11WIl Allo22� _ � V .�jOrnJ 31VON83J O JULY 31, 2006 ITEM NO.: A File No.: Z -2668-A Owner: Ron Miller Applicant: White-Daters and Associates Address: 209 N. Pierce Street Description: Lot 21, Strong and Waters Addition Zoned: O-3 Variance Requested: Variances are requested from the development provisions of the Midtown Overlay District standards of Section 36-385 through 36-396 to allow construction of a new office building. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Office Proposed Use of Property: Office STAFF REPORT A. Public Works Issues: A 5 foot wide sidewalk is required along the property frontage. B. Landscape and Buffer Issues: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. A minimum six foot and nine inch (6-9") perimeter landscaping strip is required along the northern, southern and western perimeters of the site. This area is to be located out of the public right-of-way. This is a requirement of both the landscape ordinance and the buffer ordinance. A variance from this requirement will require approval from the City Beautiful Commission. It appears the parking lot maneuvering area can be reduced; thus allowing for more green space along the perimeters of the property. JULY 31, 2006 ITEM NO.: A A water source within seventy-five feet is required for all new landscaped areas. C. Staff Analysis: The 0-3 zoned property at 209 N. Pierce Street is occupied by a one-story brick and frame structure which is being used as an office. There is a one -car wide driveway from Pierce Street leading to a small parking area on the east side or rear of the building. The property is located with the Midtown Overlay District as established by the Board of Directors on December 2, 2003. The Midtown Overlay District provides specific design requirements for new development or redevelopment within the district boundaries. The applicant proposes to remove the existing structure from the property and construct a new 3,200 square foot (2 story) office building on the property, as noted on the attached site plan. The proposed building will be located approximately 94 feet back from the front (west) property line. A driveway at the northwest corner of the property is proposed to serve a small parking area (8 spaces) located between the proposed building and Pierce Street. The applicant is requesting several variances from the Midtown Overlay District design standards. The requested variances are as follows: • Section 36-389( c) of the City's Zoning Ordinance (Midtown DOD) allows no more than one (1) curb cut per block face. The proposed new driveway will be one (1) of several curb cuts along this block face from W. Markham Street to "B" Street. • Section 36-390( c) requires that all surface parking be located to the side and rear of buildings. As noted previously, the applicant is proposing an 8 -space parking lot between the proposed building and Pierce Street. • Section 36-392(a) requires that at least 60 percent of a building's ground floor front fagade be glass windows. The applicant has not provided building design information to staff, as of this writing. • Section 36-392(b) requires that front setbacks on streets other than arterial streets be zero (0) feet, but no more than 20 feet. As noted previously, the proposed building is set back approximately 94 feet from the front (west) property line. The applicant should also be aware that signage and site lighting must conform to the overlay district. Any ground -mounted sign must be monument style and conform to the height and area standards of the 0-3 zoning district. No wood, painted signs or pan -face -style signs are allowed in the district. Any site lighting must conform to Section 36-395 of the ordinance. Additionally, any 2 JULY 31, 2006 ITEM NO.: A variances from the City's Landscape Ordinance must be reviewed and approved by the City Beautiful Commission. Staff does not support the requested variances from the Midtown Overlay District requirements. Staff believes the proposed development does not comply with the purpose and intent of the newly established Midtown Overlay District Ordinance. The site should be designed as to compliment and encourage pedestrian use. Staff believes there is space on the site to pull the building up to near the front property line with a different building footprint, and have a drive on one side of the building with the parking in the rear. This type of revised site design could eliminate all but one (1) of the requested variances. Staff feels the proposed site plan could have an adverse impact on future redevelopments in the Midtown Overlay area. D. Staff Recommendation: Staff recommends denial of the requested variances from the Midtown Overlay District requirements. BOARD OF ADJUSTMENT: (MARCH 27, 2006) Staff informed the Board that the applicant requested the application be deferred to the April 24, 2006 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the April 24, 2006 Agenda by a vote of 4 ayes, 0 nays and 1 absent. Staff Update: The applicant contacted staff on April 10, 2006 and requested this application be deferred to the May 22, 2006 Agenda. The applicant is continuing to work on an alternative site design. Staff supports the deferral request. BOARD OF ADJUSTMENT: (APRIL 24, 2006) Staff informed the Board that the applicant requested the application be deferred to the May 22, 2006 Agenda. Staff supported the deferral request. The item was places on the Consent Agenda and deferred to the May 22, 2006 Agenda by a vote of 3 ayes, 0 nays and 2 absent. 3 JULY 31, 2006 IIfIt iIIII, [M>W1 Staff Update: The applicant contacted staff on May 9, 2006 and requested the application be deferred to the June 26, 2006 Agenda. The applicant continues to work on a revised site plan for the property. Staff supports the deferral request. BOARD OF ADJUSTMENT: (MAY 22, 2006) Vice Chairman Burruss called the meeting to order. Roll call revealed only two (2) members present (Burruss and Wilbourn) and lack of quorum. Staff explained that no meeting could take place without a quorum, and that all applications would be transferred to the June 26, 2006 Agenda. BOARD OF ADJUSTMENT: (JUNE 26, 2006) Staff informed the Board that the applicant requested the application be deferred to the July 31, 2006 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred by a vote of 4 ayes, 0 nays and 1 open position. BOARD OF ADJUSTMENT: (JULY 31, 2006) Staff informed the Board that the applicant requested the application be withdrawn, without prejudice. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn, without prejudice, by a vote of 3 ayes, 0 nays, 1 absent and 1 open position. 0 WHITE - DATERS & ASSOCIATES, INC. rr 24 Rahling Circle L t • Little Rock, Arkansas 72223 Phone: 501-821-1667 Fax: 501-821-1668 February 24, 2006 Mr. Monte Moore, Zoning Administrator City of Little Rock Neighborhoods and Planning 723 W. Markham St. Little Rock, AR 72201 RE: Arkansas School Pictures Mr. Moore, Please find attached three copies of the site plan for the above referenced project. Ron Miller with Arkansas School Pictures would like to redevelop his office building at this location. ASP currently operates from an office at this location. The existing office building would be razed and the new facility constructed towards the rear of the property to allow parking in the front. This property is zoned 0-3, but falls within the Midtown Overlay District. This property is small and with the existing development on either side, many of the fabulous ideas within this new Ordinance fail to apply. The developer is requesting a variance from the requirements of this district, but will develop under the 0-3 requirements. A side yard setback variance from the required 10 ft. is requested. The property is only 50 ft. in width and this requirement makes it difficult for redevelopment. Please place this item on the next available Board of Adjustments docket. Do not hesitate to call should you have any questions or require additional information. Your help in this matter is greatly appreciated uc: Kon Miller — ArKansas �icnooi rlcrares CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING JULY 31, 2006 ITEM NO.: B File No.: Owner: Applicant: Address: Description: Zoned: Floors First By Hill's, Inc. Jim Hill, Jr. 1118 West 3rd Street East'/ of Lots 4-6, Block 294, Original City Of Little Rock UU Variance Requested: A variance is requested from the development provisions of Section 36-342.1 to allow an addition with a corrugated metal exterior. Also, a time extension is requested for previously approved variances. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Commercial STAFF REPORT A. Public Works Issues: 1. The cross slope of the driveway at the sidewalk crossing does not comply with ADA requirements. With the expansion and improvements, the driveway apron should be constructed with a maximum cross slope of 1:50 at sidewalk crossings across a 3 foot path. Comment from Original Approval: 1. With building permit, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. B. Landscape and Buffer Issues: Comment from Original Approval: Areas set aside for landscaping meet with Landscape Ordinance requirements with the reductions allowed within the designated mature area of the City. JULY 31, 2006 ITEM NO.: B (CON'T.) C. Staff Analysis: The UU zoned property at 1118 West 3rd Street is occupied by a one-story brick commercial building. The building is located within the west Y2 of the property, with a non conforming gravel parking lot located within the east 1/2 . A driveway from West 3rd Street serves as access. The applicant proposes to construct a one-story, 39 foot by 69 foot addition at the rear (north) of the existing building. The building addition will be located six (6) inches from the north and east property lines and five (5) feet from the west property line. The addition will have a 10 foot wide garage door and a standard walk through door on its south side, facing West 3rd Street. The building addition will allow for the use as an office with showroom and warehouse. As part of the proposed development, the applicant proposes to pave the existing gravel parking lot within the east %2 of the lot. The new parking lot will contain 10 parking spaces. The applicant proposes to landscape the parking lot as per Landscape Ordinance requirements. On April 26, 2004, the Board of Adjustment approved variances from the UU (Urban Use District) development standards for the proposed building addition and parking lot. Variances were approved to allow less than 60 percent transparent or window display for the front of the proposed addition, location of the new parking lot and building setback for the addition. Please see the attached April 26, 2004 minute record for details on the approved variances. The front building setback is no longer an issue, as the ordinance has been changed to require no build -to line. The applicant is back before the Board of Adjustment requesting an additional variance for the proposed building addition, and to have the time for the previously approved variances extended for two (2) years to align with the newly requested variance. The previously approved variances expired on April 26, 2006. The new variance requested is also from the Development standards of Section 36-342.1 of the City's Zoning Ordinance. Section 36-342.1(c )(4) requires that fagade materials be any standard material, except corrugated or ribbed materials. The applicant is currently requesting to construct the addition with a corrugated metal exterior, and therefore is requesting a variance to allow use of this material. Staff is not supportive of the variance, as requested. Although staff would have no problem with the side and rear facades being corrugated metal construction (north, east and west facades), staff feels the front, street facing, fagade should be constructed of a masonry brick to match the fagade of the 2 JULY 31, 2006 ITEM NO.: B (CON'T.) existing commercial building. In addition, the trash receptacle area in front of the building addition must be screened with an eight (8) foot high masonry wall to match the front fagade of the building addition. If the applicant were willing to make this change to the front fagade of the building addition, staff will support the variance for the other building sides, and the time extension for the other previously approved variances, subject to the following conditions: 1. The front (south) fagade of the building addition must be masonry construction to match the existing commercial building. 2. The trash receptacle area in front of the building addition must be screened with a eight (8) foot high masonry wall to match the fagade of the building addition. 3. Compliance with the Public Works and Landscape and Buffer comments as noted in paragraphs A and B of the staff report. 4. Compliance with all Building and Fire Codes. 5. A building permit must be obtained for all construction. 6. Compliance with all other Urban Use development standards. 7. The new variance and previously approved variances will expire on May 22, 2008. D. Staff Recommendation: Staff recommends denial of the requested variance, as filed. BOARD OF ADJUSTMENT: (MAY 22, 2006) Vice Chairman Burruss called the meeting to order. Roll call revealed only two (2) members present (Burruss and Wilbourn) and lack of quorum. Staff explained that no meeting could take place without a quorum, and that all applications would be transferred to the June 26, 2006 Agenda. BOARD OF ADJUSTMENT: (JUNE 26, 2006) Staff informed the Board that the applicant requested the application be deferred to the July 31, 2006 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred by a vote of 4 ayes, 0 nays and 1 open position. 3 JULY 31, 2006 ITEM NO.: B (CON'T.) BOARD OF ADJUSTMENT: (JULY 31, 2006) Jim Hill was present, representing the application. There were no objectors present. Staff presented the item, with a recommendation of denial, as filed. Jim Hill addressed the Board in support of the application. Mr. Hill noted that he could do a mixture of wood siding and brick on the front fagade of the proposed addition to match the front fagade of the existing building. He amended the application accordingly. There was a brief discussion of the amendment. Staff supported the application as amended, noting that the dumpster enclosure could be brick and wood. There was a motion to approve the application, subject to the conditions noted by staff in paragraph C. of the agenda report. Staff noted that the new and previously approved variances would expire on July 31, 2008. The motion passed by a vote of 3 ayes, 0 nays, 1 absent and 1 open position. The application was approved as amended. 10 ST V TMFLOORS FIRST by Hill's, Inc Jim Hill Jr. -President 1118 West aro Street Little Rock, Mansas 72201 Phone (501) 375-9300 Fax(501)375-1630 floorsfirsMsbcgfobal.net Apri121, 2006 Department of Planning & Development City of Little Rock 723 West Markham St. Little Rock, AR. 72201 RE: Zoning Variance Gentlemen, Two years ago I carne before you requesting approval to build a warehouse on my property. At that time there were issues to overcome regarding: 1. the amount of windows required, 2. parking between the building and the street and, 3. the building is to be built with 0' setback. These items were approved at that time (see attachments) and I now wish to be granted an extension of time as I have not constructed this warehouse. Today, my primary request is to be allowed to fabricate this building as a corrugated metal structure. After the last meeting, cost were determined for building with various materials (namely concrete block as it was the least costly) which were cost prolubitive and visually unappealing from my standpoint. This metal building would be from colors that would be pleasing to the eye.... likely soft tans or grays with possibly a black or charcoal roof, and after the final color for the metal building is determined we would then paint the exterior of the existing building to match, and then, accent both buildings by painting the exposed clay tile roof (that shows) black/charcoal to match the awning and perhaps have a black garage and regular entrance door to the warehouse or black awnings over the warehouse doors... all of which would make this a visually appealing addition to the neighborhood in light of the previous additions (paved parking and landscaping). Please keep in mind that this structure will setback 110' from the front property line and that this property is on the outskirts/border of.Zone UU, We strive to keep our property tidy and I'm reasonably sure my neighbors would welcome this addition as it could only enhance their property values. I do not want to move from this location..... neighbors will not be sorry! cerely Jim ill Jr. President .please, give this every possible consideration .... you and my April 26, 260.4: ITEM NO.: 1�> File No.: Z-4099-A��� (6� Owner: Floors First By Hills Address: 1118 W. 3rd Street Description: East % of Lots 4, 5 and 6, Block 294, Original City of Little Rock Zoned: UU Variance Requested: Variances are requested from the development provisions of Section 36- 342.1 associated with building and parking lot additions. Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT 0 Public Works Issues: The applicant's justification is presented in an attached letter. Commercial with office Office/showroom with warehouse 1. With building permit, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. Landscape and Buffer Issues: Areas set aside for landscaping meet with Landscape Ordinance . requirements with the reductions allowed within the designated mature area of the City. C. Staff Analysis: The UU zoned property at 1118 W. 3`d Street is occupied by a one-story brick commercial building. The building is located within the west'/ of the April 26, 200.4 ITEM NO.: 1 (Cont.) property, with a non conforming gravel parking lot located within the east '/. A driveway from W. 3`d Street serves as access. The applicant proposes to construct a one-story, 39 foot by 69 foot addition at the rear (north) of the existing building. The building addition will be located six (6) inches from the north and east property lines and five (5) feet from the west property line. The addition will be located 110 feet back from the front property line. The addition will have a 10 foot wide garage door and a standard walk through door on its south side, facing W. 3`d Street. The building addition Will allow for the use as an office with showroom and warehouse. As part of the proposed development, the applicant proposes to pave -the existing gravel parking lot within the east % of the lot. The new parking lot will contain 10 parking spaces. The applicant proposes to landscape the parking lot as per Landscape Ordinance requirements. The applicant is requesting three (3) variances from the development standards of Section 36-342.1 (urban use development standards) for the proposed building addition and parking lot. Section 36-342.1(c)(8) requires that the ground -level (street fronting) floor of non residential structures have a minimum surface area of sixty (60) percent transparent on window display. As noted previously the south side of the building addition, facing W. 3rd Street, will have only a garage door and walk- through door and no windows. Section 36-342.1(c)(10)b. requires that surface parking lots be located behind or adjacent to a structure, never between the building and abutting street. Although the parking lot is located adjacent to the existing building, it will be located between the building addition and the street. Therefore, staff feels that a variance needs to be requested. Section 36-342.1(f)(1) requires that buildings within the UU zoning district be constructed to the front property line with a 0 foot setback. As noted earlier, the building addition will be located 110 feet back from the front (south) property line. Staff is supportive of the requested variances. Staff feels that the applicant's plan represents a quality redevelopment of the property. Staff feels that the new parking lot is needed, based on the fact that there is no on -street parking on W. 3rd Street. Given the narrowness of the lot, the building additions could not be constructed along the front property line with parking to the rear, because it would be impossible to gain vehicular access to the lot. Staff feels that with compliance to the landscape, E April 26, 2004 (� ITEM NO.: 1 (Cont.) buffer, building and fire codes, the proposed redevelopment of the site will have no adverse impact on the adjacent properties or general area. D. Staff Recommendations: Staff recommends approval of the requested variances, subject to the following conditions: 1. Compliance with the Public Works and Landscape and Buffer comments as noted in paragraphs A & B of the staff report. 2. Compliance with all Building and Fire Codes. 3. A building permit must be obtained for all construction. 4. Compliance with all other Urban Use development standards. BOARD OF ADJUSTMENT: . (APRIL 26, 2004) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The .item was placed on the Consent Agenda and approved as recommended by staff by a vote of 3 ayes, 0 nays and 2 absent. 3 JULY 31, 2006 ITEM NO.: C File No.: Z -5849-A Owner: Chuck Hamilton Construction Applicant: Chuck Hamilton Address: 5201 Hawthorne Road Description: Lot 1, Block 11, Newton's Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 to allow a new house with reduced setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: Little Rock Code prohibits encroachments in the right-of-way. The proposed fence shows to be built at the back of curb and encroaches in the right-of-way creating unsafe driving conditions. B. Staff Analysis: The R-2 zoned property at 5201 Hawthorne Road is occupied by a one-story brick and frame single family residence. The property is located at the southwest corner of Hawthorne Road and Newton Street. There is a one-story frame carport/storage structure within the south portion of the property. The property sits approximately 3 to 4 feet above the grade of the streets. There is a two (2) foot high rock wall along the curb line of Newton Street. The applicant proposes to remove the existing structures from the property and construct a new single family residence (two-story), as noted on the JULY 31, 2006 ITEM NO.: C (CON'T.) attached site plan. The proposed structure will be located 25 feet back from the front (north) property line, five (5) feet back from the west side property line, zero (0) setback from the east side property line (portion of the structure), and five (5) feet from the rear (south) property line. The applicant is also proposing improvements to extend across the east side property line and into the Newton Street right-of-way, also noted on the attached plan. A new patio area, wall/fence, steps and the fireplace chimney are proposed to cross the east property line into the right-of-way. Section 36-254(d)(2) of the City's Zoning Ordinance requires minimum side setbacks of five (5) feet for this R-2 zoned lot. Section 36-254(d)(3) requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances to allow reduced side and rear setbacks for the proposed residential structure, and improvements to extend into the Newton Street right-of-way. Staff is not supportive of the requested variances. It is very clear to staff that the applicant is proposing to overbuild the residential lot. Given the overall mass (footprint and height) of the proposed structure, staff cannot support either setback variance. Staff will also support no encroachments into the Newton Street right-of-way. Staff feels a two-story structure at this location should provide the minimum five (5) foot east side setback. Staff could support a rear setback of 10 feet if the side setback were provided and no improvements were proposed to extend into the right-of-way. Variances for large single family homes have been granted in this general area in the past. However, those variances have not included zero (0) setbacks and improvements into rights-of-way. Staff believes this type of extreme structural massing would have an adverse impact on the adjacent properties and the general area. C. Staff Recommendation: Staff recommends denial of the requested variances, as filed. BOARD OF ADJUSTMENT: (JUNE 26, 2006) Staff informed the Board that the applicant requested the application be deferred to the July 31, 2006 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred by a vote of 4 ayes, 0 nays and 1 open position. iJ JULY 31, 2006 M NO.: C ICON'T. BOARD OF ADJUSTMENT: (JULY 31, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. Staff noted that the applicant revised the site plan providing a 10 foot rear yard setback and a 5 foot side (east) setback for the proposed house. Staff supported the revised application subject to the following conditions: 1. The patio slab on the east side of the house must not exceed 12 inches above grade. 2. A franchise permit must be obtained from the Public Works Department for the fence/wall and landscaping improvements in the Newton Street right-of-way. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 3 ayes, 0 nays, 1 absent and 1 open position. 3 Chuck Hamilton Construction 823 West Markham Street, Suite 300 Little Rock, AR 72201 -Z _�`7 May 26, 2006 Mr. Monte Moore Department of Neighborhoods and Planning 723 West Markham Street Little Rock, AR 72201 RE: Zoning Variance Application for Dawson Residence, 5201 Hawthorn Monte, We are requesting a zoning variance concerning the following items in regard to the new home we plan to construct on this site. It is our opinion that these encroachments on the building lines are not out of character with other new homes and additions to existing homes in the area. • The north building line will be encroached upon by the fireplace and the front planter which will also include the front steps. • The west side of the house will meet the 5' building line set back. • The east side of the house will have a 5'x19' section of the southeast corner extending 5' past the building line. We would also like construct an open air arbor to help block the east sun. We also plan to heavily landscape this side of house to soften it from the street. • The south elevation which includes a two car garage would be constructed 5' from the rear property line. This has been approved on several homes in the Heights, it is our opinion that it would not adversely affect any adjoining properties. It is our opinion that these encroachments can be achieved within the scale and character of the neighborhood. Thank you for your time and consideration regarding this matter. Sincerely, Chuck Hamilton P r� JULY 31, 2006 HMO File No.: Z-8060 Owner: Charles W. Calver Applicant: Mark Winstead Address: 6404 Geyer Springs Road Description: Lot 1, Yates Subdivision Zoned: 1-2 Variance Requested: A variance is requested from the area provisions of Section 36- 320 to allow a building addition with a reduced side setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Industrial Building Proposed Use of Property: Light Industrial STAFF REPORT A. Public Works Issues: 1. A future public street project shows acquiring additional right-of-way on the west side of Geyer Springs Road for an overpass. The proposed addition appears to be west of the proposed new right-of-way. B. Landscape and Buffer Issues: The landscape ordinance requires an eighty percent (80%) upgrade in the landscape and buffer ordinance. Credit can be given for large trees shown to be preserved. This upgrade must include the removal of concrete along Geyer Spring Road and the southern property line. An automatic irrigation system is required for all new landscaped areas. JULY 31, 2006 ITEM NO.: D (CON'T.) Parking is not shown on the plan; however, additional interior landscaping may be required. The landscape ordinance requires a minimum of three foot (3'-0") landscaped area to be located between the parking and the building. C. Staff Analysis: The 1-2 zoned property at 6404 Geyer Springs Road is occupied by a one- story metal building near the northeast corner of the property. There are two (2) access drives from Geyer Springs Road which serve as access to the property. There is concrete parking on the south side of the building and asphalt parking (in poor condition) on the east side of the building. There is an roof sign on top of the existing building. The rear (west) portion of the property is fenced and occupied by a wrecker service. The applicant is proposing to construct additional building space on the west end of the existing building, as noted on the attached site plan. The additional building area will be one-story in height and 4, 000 square feet in area. The proposed building will be located 8.62 to 8.71 feet back from the north side property line. Section 36-320(d)(2) of the City's Zoning Ordinance requires a minimum side setback of 15 feet for this 1-2 zoned lot. Therefore, the applicant is requesting a variance to allow the new building construction with a reduced side (north) setback. Staff is supportive of the requested side setback variance, under certain conditions. The State Highway Department, in conjunction with Metroplan, has plans to construct an overpass for Geyer Springs Road over the existing railroad tracks just north of this site. There are three (3) options for the overpass construction. Two (2) of the options include acquiring right-of-way which goes into the existing building on the site. Therefore, staff can only support the additional building area if it is constructed as a separate building, so the new building would not be included in future right-of-way acquisition. Staff believes the requested side setback variance will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested side setback variance, subject to the following conditions: 1. Compliance with the Landscape and Buffer requirements as noted in paragraph B. of the staff report. 2 JULY 31, 2006 ITEM NO.: D (CON'T.) 2. The additional building area must be constructed as a separate building, including separate foundation, roof, east wall and utilities. 3. The existing roof sign, including support structures, must be removed from the existing building. BOARD OF ADJUSTMENT: (JUNE 26, 2006) Staff informed the Board that the applicant requested the application be deferred to the July 31, 2006 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred by a vote of 4 ayes, 0 nays and 1 open position. BOARD OF ADJUSTMENT: (JULY 31, 2006) Staff informed the Board that the applicant requested the application be deferred to the August 28, 2006 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred by a vote of 3 ayes, 0 nays, 1 absent and 1 open position. 3 Lasiter Construction, Inc. • 505 West Dixon Rd. • Little Rock, Arkansas 72206 • 501.374.1557 FAX 374.8314 • WATS 1.800.264.1557 May 24, 2006 Mr. Monte Moore City of Little Rock 723 West Markham Little Rock, AR 72201 501.371.4826 RE: Requesting a variance on the set back line at 6404 Geyer Springs Little Rock, AR Dear Sir: On behalf of Arkansas Sling, the owner of the property at 6404 Geyer Springs Road, Lasiter Construction, Inc. is requesting a zoning variance to the set back line on the north side of the property. Arkansas Sling, is desiring to build a warehouse that will be an add on to an existing building already located on the property. The existing building is approximately 9' off the property line. The proposed building addition is drawn with the foundation matching the north line. This is not in code with the current 15' set back requirement. The Warehouse will be used for commercial use. Should you require additional information please call me at 501.539.0805 Thank you for your time and consideration on this matter. Respectfully submitted, Lasiter Construction, Inc. Mark Winstead Vice President General Construction • Asphalt Paving • Concrete Construction • Seal Coating • Crack Sealing JULY 31, 2006 ITEM NO.: 1 File No.: Z -2686-B Owner: Metropolitan National Bank Applicant: Richard Powell, WD & D Architects Address: 2804 Kavanaugh Blvd. Description: Lots 4 and 5, Block 52, Pulaski Heights Addition Zoned: C-3 Variance Requested: Variances are requested from the area provisions of Section 36-301 to allow a new bank building with reduced setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Branch Bank STAFF REPORT A. Public Works Issues: No Comments B. Landscape and Buffer Issues: The site plan submitted complies with the City's minimum landscape and buffer requirements. C. Staff Analysis: The C-3 zoned property at 2804 Kavanaugh Blvd. is occupied by a one story commercial building. The property is located at the northwest corner of Kavanaugh Blvd. and Beechwood Street. There is an alley right-of-way along the west property line. In addition to the alley, there are two (2) access drives from Kavanaugh Blvd., with paved parking on JULY 31, 2006 ITEM NO.: 1 (CON'T.) the east, west and south sides of the building. There is a retaining wall along the north and east property lines. The applicant proposes to remove the existing commercial building and redevelop the property for a branch bank facility. The proposed branch bank building will be located near the southwest corner of the property. The front wall of the building will be located 10 feet back from the front (south) property line, with a covered entrance having a 7 foot front setback. The proposed building will be one-story in height with approximately 1,760 square feet of floor space. A covered drive-thru canopy will be located on the north side of the building with two (2) drive- thru lanes. Paved parking will be located on the east and west sides of the building, with large landscaped areas at all corners of the property. There will be one (1) entry drive from Kavanaugh Blvd., with an exit drive onto the alley along the west property line. Section 36-301(e)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for this C-3 zoned lot. Therefore, the applicant is requesting a variance to allow the proposed bank building to have a reduced front setback. Staff is supportive of the requested variance. Staff feels the applicant has submitted a quality redevelopment plan for this property, and that the requested front setback variance is reasonable. Most of the commercial buildings located along Kavanaugh Blvd., between Walnut and Monroe Streets, have been constructed on or near the front property lines. Therefore, the proposed reduced front setback will not be out of character with the area and will add to the pedestrian nature of this commercial district. Staff believes the proposed redevelopment of this property, including reduced front building setback, will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested setback variance, subject to the following conditions: 1. Compliance with the City's Landscape and Buffer Ordinances. 2. Any signage must comply with the City's Zoning Ordinance. 2 JULY 31, 2006 ITEM NO.: 1 (CON'T.) BOARD OF ADJUSTMENT: (JULY 31, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 3 ayes, 0 nays, 1 absent and 1 open position. 3 WI rTENBERG DELONY & DAVIDSON ARCHITECTS June 21, 2006 a Board of Adjustment City of Little Rock -� % Planning and Development Department - 2-&4� - 723 West Markham Street Little Rock, Arkansas 72201 Re: Metropolitan National Bank branch Kavanaugh and Beechwood Little Rock, Arkansas WD&D Project No. 05-046 Mr. Andrew Francis, Chairman, We are proposing a branch bank to be constructed on Lots 4 and at the northwest corner of Kavanaugh and Beechwood streets. We received staff level approval for this site from the City Planning office this past February. We feel we have addressed issues of exterior lighting and sound buffering with respect to the adjacent property owner to the north. We are also tearing down the old crumbling retaining walls that separate the two properties and building a new single wall that will continue south along Beechwood. In the intervening months, the Hillcrest Residence Association has requested changes in the site plan which, if included, will violate the City's set back requirements. (See attached HRA letter dated June 20, 2001.) We are therefore seeking a variance in the set back ordinance to allow us to include these changes that move all the parking and the drive thru to the back of the site and move the building closer to Kavanaugh street (Refer to site plan.) Sincerely, WITTENBERG, DELONY AND DAVIDSON, INC. Richard W. P well Agent for the Owner Copy: Ms. Susie Smith, Metropolitan Bank Mr. Tom Adams, WD&D Architects 400 W. CAPITOL AVENUE, SUITE 1800 LITTLE ROCK AR 72201-4806 501/376-6681 501/376-0231 FAX ltrboa.doc Hillcrest Residents Association Hillcrest Station PO Box 251121 Little Rock, AR 72225 June 20, 2006 Tony Bozynski Planning and Development 723 West Markham Little Rock, AR 72201 RE: Metropolitan Bank Branch, Kavanaugh at Beechwood Mr. Bozynski, Representatives of the Metropolitan National Bank, accompanied by their architects, met with the Hillcrest Residents Association (HRA) Board on two occasions to discuss their plans for the proposed branch in Hillcrest. During the initial meeting, the HRA Board expressed the desire for the building to be closer to Kavanaugh Blvd, and the drive- through screened from the street, preferably at the rear of the building. The architects indicated that such a plan would encroach into the 25' front yard setback along Kavanaugh and that a variance would be required. HRA Board agreed to support this variance, conditional on review of the revised site plan and elevations. At our recent June meeting, the bank representatives and architects presented revised drawings that are consistent with our request. The building would be set back approximately 10' from the Kavanaugh property line, and the drive-through would be on the rear of the building. I am writing on behalf of the HRA Board to express support for the front yard setback variance. We feel that having the building closer to the sidewalk reinforces the pedestrian nature along this part of Kavanaugh Blvd. Cordially, ScottAA.mNith, President Hillcrest Residents Association Cc: Debbie Knight, Metropolitan National Bank JULY 31, 2006 ITEM NO.: 2 File No.: Z -7407-A Owner: Kil Kim Applicant: Tim Dowty, Andrew Hicks Architects Address: 9203 Chicot Road Description: Northeast corner of Chicot Road and Preston Drive Zoned: C-3 Variance Requested: Variances are requested from the area provisions of Section 36-301 and the building line provisions of Section 31-12 to allow a new commercial building with reduced setbacks and which crosses a platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Proposed Use of Property: Convenience Store STAFF REPORT A. Public Works Issues: No Comments B. Landscape and Buffer Issues: The site plan submitted complies with the City's minimum landscape and buffer requirements. C. Staff Analysis: The C-3 zoned property at 9203 Chicot Road is currently undeveloped. The site is located at the northeast corner of Chicot Road and Preston Drive. Some site work has taken place in preparation of new building JULY 31, 2006 ITEM NO.: 2 (CON'T.) construction. There is a 40 foot platted building line along both street frontages (west and south property lines). The applicant proposes to construct a new convenience store with gas pumps on the property, as noted on the attached site plan. The new convenience store building is proposed at the northeast corner of the property maintaining the 40 foot setback from the front (west) property line, with 10 foot setbacks from the side (north) and rear (east) property lines. A canopy covering four (4) fuel pump islands will be located at the southwest corner of the property. The proposed canopy will cross the 40 foot platted building lines, with corner relations to the west and south property lines. The corners of the canopy will be located 18 feet back from the front (west) property line and 21'-5" from the street side (south) property line. A covered walkway will connect the canopy and the main convenience store building. An entry drive will be located from Chicot Road at the northwest corner of the property, with a second drive from Preston Drive at the southeast corner of the property. Paved parking will be located on the south side of the store building. A dumpster area will be located at the southeast corner of the building. Section 36-301(e)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for C-3 zoned lots. Section 36-301(e)(2) requires a minimum 15 foot interior side setback and a 25 foot street side setback. Section 36-301(e)(3) requires a minimum rear setback of 25 feet. Additionally, 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 reduced side and rear setbacks for the convenience store building, reduced front and exterior street side setbacks for the canopy structure, and the canopy structure to extend across the front and side platted building lines. Staff is supportive of the requested variances. Staff feels the request is reasonable, and the proposed convenience store will be a quality development for the property. With respect to the reduced side and rear setbacks for the convenience store building, the property abuts commercial developments to the north and east which are still zoned R-2. If the adjacent property were zoned commercial to recognize the existing use, no side setback would be required. Therefore, staff views these requested variances as very minor issues. Staff also views the reduced setbacks for the canopy structure as relatively minor. The ordinance would typically require 25 foot setbacks along both street frontages. The 40 foot platted building lines reflect older, outdated ordinance setback requirements for commercial property. The corners of the canopy structure are located 18 feet and 21'-5" from the front and street side 2 JULY 31, 2006 ITEM NO.: 2 (CON'T.) property lines. Only a small portion of the canopy structure will be located within the typical zoning setbacks. 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 and street side building lines for the convenience store development. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. D. Staff Recommendation: Staff recommends approval of the requested variances, associated with the proposed convenience store development, subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the front and side platted building lines as approved by the Board. 2. Compliance with the City's Landscape and Buffer Ordinances. 3. Any signage must conform with the Zoning Ordinance requirements 4. The dumpster area must be screened as per ordinance requirements. BOARD OF ADJUSTMENT: (JULY 31, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 3 ayes, 0 nays, 1 absent and 1 open position. W SON ANDREW HICKS / ARCHITECT 3200 S. Shackleford Little Rock, Arkansas 72205 501.219.1614 501.219.1613 FAX www.andrewhicksarchitect.com June 21, 2006 MR. Monte Moore City of Little Rock Dept. of Planning and Development 723 W. Markham Little Rock, AR 72201-1334 RE: 9203 Chicot Road (at Preston Drive) Zoning Variance - Non- Residential Dear Monte, Please find enclosed the enclosed plans in relation to our variance request. The property currently has a "deep" building line of 40 feet on the Chicot Road and Preston Drive which would limit the development of this property. This problem combines with an already narrow site (front to back), The property is only 120 feet deep. The site has an area of approximately '-:� Acre. In order to have a workable vehicular design on the site for a fuel canopy and convenience store, I respectfully request the following: 1. Reduction of the front street setback (adjacent to Chicot Road) to 18 feet instead of 40 feet as indicated on the survey. This would be in relation to the fueling canopy overhead with no encumbrances above ground level. This allows room for adequate drive areas before and after the fueling of vehicles. The building proper is within the 40' front setback. 2. Reduction of the street side setback (adjacent to Preston Drive) to 21 feet 5 inches from the current 40 feet for the fuel canopy only. 3. Reduction of the rear yard and side yard setbacks to 10 feet from 15 feet. This would allow further decompression of the vehicular traffic on the site as described above. I have enclosed 2 photos showing the 2 adjacent neighbor properties are non - residential. One is an auto sales lot and the other is a mini - storage facility. MR. Kil Kim is the owner of this property. He is developing this convenience store to better serve the residents of this area. Retail space is lagging in this area of Chicot Road and the benefit to Little Rock citizens local to this development is obvious. Mr. Kil Kim is interested in making an investment in this part of the city where he can be a dynamic and successful part of the community. If I may facilitate your review in any way, please do not hesitate to contact me. Thanks for your cooperation, Sincerely, )im Dowty Andrew Hicks Architect JULY 31, 2006 ITEM NO.: 3 File No.: Z-8070 Owner/Applicant: Jeffrey Lindsey Address: 9201 Cloverhill Road Description: Lot 2, Clover Hill Place Addition Zoned: R-2 Variance Requested: A variance is requested from the building line provisions of Section 31-12 to allow a building addition 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 9201 Cloverhill Road is occupied by a one-story brick and frame single family residence. The property is located at the southwest corner of Cloverhill Road and Nebling Road. The single family lot contains a 25 foot platted building line along the north and east property lines. There is a new 12 foot wide concrete driveway from Cloverhill Road at the northeast corner of the residential structure. A one -car wide driveway from Nebling Road was recently removed from the property. The applicant is currently in the process of enclosing a carport at the southeast corner of the residence. As part of the remodeling project, the applicant proposes to construct a 14 foot wide, one-story addition at the east end of the residence. The addition will be JULY 31, 2006 ITEM NO.: 3 (CON'T.) used as garage and storage space. The addition will cross the 25 foot platted building line (along the east property line), and be located 16 feet to 25 feet back from the east property line. Section 36-254(d)(2) of the City's Zoning Ordinance requires a side setback of eight (8) feet for this R-2 zoned lot. 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 a variance to allow the building line encroachment. Staff is supportive of the requested variance. Staff views the request as relatively minor. Only approximately 147 square feet of the proposed addition will cross the east side platted building line. Staff believes the proposed addition will not be out of character with the neighborhood. Staff feels the encroachment will have no adverse impact on the adjacent structures or the general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted side building line for the proposed addition. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested building line variance, associated with the proposed addition, subject to the following conditions: Completion of a one -lot replat reflecting the change in the side platted building line as approved by the Board. 2. The garage addition must be constructed to match the existing single family structure. BOARD OF ADJUSTMENT: (JULY 31, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 3 ayes, 0 nays, 1 absent and 1 open position. 2 9201 Clover Hill Rd. Little Rock, AR 82205 (Yo 7 Q Dear friends, neighbors, and property owners: On July 31, 2006 the Board of Adjustment will vote on a proposed variance to our property on Clover Hill Rd. We hope you will have no objection to this change, which will allow us to enclose a garage around our existing carport. If you have.no objections, you don't have to do anything. I will explain in detail our plans below. Since our house on the corner of Nebling and Clover Hill is a corner lot, the building lines are 25 feet inside the property lines. Our property lines run approximately 5 feet from the street on both sides, which puts the porches 30 or more feet off the street. We have previously had a driveway running from the end of the house to Nebling Street, but we have relocated that driveway toward Clover Hill and are trying to dress -up the front face of the property. After ordering a survey, to get a permit from the city to enclose our carport, we found out the building line on the Nebling (east) side of our house came within 2 feet of our previous carport at one corner. It runs parallel to Nebling street, so that by the time it reaches the front of the house it is about 14 feet from the front corner. Although this triangle space might be room enough for a small garage, it would be odd shaped and a roofing nightmare. However, under current building requirements this is our building space. The oddity is, we are allowed to build a carport beyond this space, but just not enclose the carport with a roof. What we propose is to alter our building lines by approximately 12 feet on the southeast side (back corner nearest Nebling), so we can extend the house 12 feet (plus the eaves) and enclose a garage. Basically, when you . drive by, where the new driveway and carport are, we want to make the house longer by 12 feet. We want to brick the exterior (similar to how it was before) and make it look as much as possible like it was originally built this way. We are currently investigating places to purchase antique brick, like that currently on our house, if you have any resources in that direction please let us know. We spoke during the planning to our neighbors on that side of our property. They support our proposal. We have also shared our plans with "Miss Molly" Irvin, president of the Pennbrook/Clover Hill Neighborhood Association, and received encouragement. Our hope is that our neighbors will all benefit from this improvement as home values continue to increase in the neighborhood. All of this has come about in part because my wife and I are expecting a baby in October. We need a bit more space, but don't want to move or build-up. Enclosing the carport, which is currently under construction, and building a garage, will make our house more livable and increase it's value. For us this is a win-win. We hope you agree. Please stop by if you have any questions about the project. We are happy to meet more of our neighbors Sincerely, Jeff and Angela Lindsey JULY 31, 2006 ITEM File No.: Z-8071 Owner: Todd and Hayley Armstrong Applicant: Todd Armstrong Address: 7001 Rockwood Road Description: Lot 263, Kingwood Place Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a building addition with reduced setbacks and which crosses a platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The R-2 zoned property at 7001 Rockwood Road is occupied by a one-story brick and frame single family residence. There is a two -car wide driveway from Rockwood Road which serves as access. The residential lot contains a 30 foot front platted building line. The applicant proposes to construct a 26 foot by 33 foot garage addition at the northeast corner of the residence, as noted on the attached site plan. The proposed addition will be located approximately 14 feet back from the front (north) property line, crossing the front platted building line by approximately JULY $1, 2006 ITEM NO.: 4 (CON'T.) 16 feet. The applicant notes that the addition will be tied into the existing house by a hip -type roof, and will be constructed to match the existing house. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for R-2 zoned lots. Section 31-12( c) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the garage addition with a reduced front setback and to cross the front platted building line. Staff is not supportive of the requested variances. Staff's non-support is based primarily on the fact that staff views the proposed garage addition as being out of character with the neighborhood. Although the houses on the north side of Rockwood Road are located closer to the street than the houses on the south side, the structures on the south side maintain a fairly uniform setback from the street. There are no similar encroachments located on the properties along the south side of Rockwood Road. Therefore, staff believes the proposed addition could have an adverse visual impact on the neighboring properties along the south side of Rockwood Road. 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 garage addition. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends denial of the requested setback and building line variances. BOARD OF ADJUSTMENT: (JULY 31, 2006) Todd Armstrong was present, representing the application. There were no objectors present. Staff presented the item with a recommendation of denial. Todd Armstrong addressed the Board in support of the application. He explained that there were structures on the north and south sides of Rockwood Road which were closer to the street than the proposed garage. He also explained the type of construction and how it would blend in with the other structures in the area. Chairman Francis expressed concern with the proposed front setback being out of character with other structures along the street. He stated that he was not concerned 2 JULY 31, 2006 ITEM NO.: 4 (CON'T.) with the quality of construction. Fletcher Hanson and Chris Wilbourn concurred with Chairman Francis. There was a brief discussion of other possibilities for the garage construction There was a motion to approve the requested variances. The motion failed by a vote of 0 ayes, 3 nays, 1 absent and 1 open position. The application was denied. W Todd Armstrong 7001 Rockwood Rd.�-�, Little Rock, AR 72207 501-626-6102 City of Little Rock Planning & Development Monte Moore 723 W Markham Little Rock, AR 72201 501-371-4792 RE: Variances from Ordinance Please review our proposed addition of a three garage to our home at 7001 Rockwood. The garage will be tied into our existing homes roofline via a hip -roof. The proposed garage will be constructed of matching brick and roof. Wooden Garage doors will be stained to match our current front door. We will maintain the structural integrity of our home and the integrity of the neighborhood. There are several homes on Rockwood Road and throughout the Kingwood subdivision that are over the 40'buildline. _t e -e Iii eU3 OWA �/Z 5 Regards, Todd Armstrong JULY 31, 2006 ITEM NO.: 5 File No.: Z-8072 Owner: Bobby and Barbara Mosely Applicant: Bobby Mosely Address: 6402 Pecan Lane Description: Lot 35, Block 5, Richland Subdivision 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 deck addition with a 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 6402 Pecan Lane is occupied by a one-story brick and frame single family residence. There is a one -car wide driveway from Pecan Lane which serves as access, The residential lot contains a 25 foot front platted building line. The applicant recently constructed a 14 foot by 16 foot deck on front of the house, as noted on the attached site plan. The deck is uncovered and unenclosed, and constructed approximately two (2) feet above grade. The deck structure crosses the front platted building line by 13 feet, resulting in a JULY 31, 2006 ITEM NO.: 5 (CON'T.) 12 foot front setback. The deck is approximately 15 feet back from the west side property line. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for R-2 zoned lots. Section 31-12( c) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the deck addition with a reduced front setback and to cross the front platted building line. Staff is supportive of the requested variances associated with the proposed carport addition. Although staff typically does not support building line encroachments of this type, staff feels that it is justified in this particular instance. Staff surveyed this entire subdivision and found at least nine (9) similar structures with reduced setbacks and building line encroachments. Therefore, staff feels that the proposed deck addition will not be out of character with the neighborhood. There is a similar nonconforming deck structure on front of the house immediately to the east. Additionally, staff views this deck structure as very non -imposing, as it is only approximately two (2) feet above grade and is uncovered and unenclosed. Staff believes the proposed deck addition will have no adverse impact on the adjacent properties or the general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the deck addition. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the variances associated with the deck addition, 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 deck structure must remain uncovered and unenclosed. BOARD OF ADJUSTMENT: (JULY 31, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. K JULY 31, 2006 ITEM NO.: 5 (CON'T.) BOARD OF ADJUSTMENT:( Con't.) (JULY 31, 2006) The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 3 ayes, 0 nays, 1 absent and 1 open position. 3 Bobby T. & Barbara A. Mosely 6402 Pecan Lane Little Rock, AR 72206 We have built a deck on the front of our home abutting the front porch going 16' west and 14' south of the front. The purpose of which is so we can enjoy the front yard which we couldn't because of the large Ash tree and the exposed root that cover nearly every foot making it very hard to just set in a lawn chair or to find level ground to do so. With the deck we can use it as a place for company and family that we weren't before. There isn't enough room inside our small home for our 2 kids and their family (5 grand kids and spouses). Our next door neighbors have a deck on the front of their house very close to the same size as ours and have had for more than 3 or 4 years so we didn't know there had to be a permit or variance to do so as we never signed anything for them but would have if asked. I had my third heart attack 2 years ago and had to have 4 bypasses as a results and during the recovery discovered my front yard for the first time in 35 years as a pleasant place for fresh air and relaxation and it was then I saw how much good a deck such as my neighbors could be for me and mine. The cover that was mentioned in the Courtesy Notice is a portable 10'X10' tent awning that is collapsible and is attached with strings, the purpose of which is to shade the west end of the deck in the evening sun. This can be taken down and placed in a bag and put in the trunk of a car anywhere it may be needed. Thank You! Bobby T. & Barbara A. Mosely JULY 31, 2006 ITEM NO.: 6 File No.: Z-8073 Owner: Jimmy and Shirley Talley Applicant: Jimmy Talley Address: 17 Beauregard Drive Description: Lot 20, Hermitage Home Sites 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 carport addition with a 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 STAFF REPORT Single Family Residential A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 17 Beauregard Drive is occupied by a one-story brick and frame single family residence. There is a two -car wide driveway from Beauregard Drive which serves as access. There is a metal carport structure which was recently constructed over a portion of the driveway. This single family lot contains a 25 foot front platted building line. The new carport structure is attached to the house and is approximately 18'-7" by 20 feet in size. The carport structure is unenclosed and painted to match the residence. The carport is located approximately 7.5 feet from the front JULY 31, 2006 ITEM NO.: 6 (CON'T.) (west) property line, extending across the front platted building line by 17.5 feet. Section 36-254(d)(1) of the City's Zoning Ordinance requires minimum front setback of 25 feet for R-2 zoned lots. Section 31-12( c) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the carport addition with a reduced front setback and to cross the front platted building line. Staff is not supportive of the requested variances. Upon surveying the neighborhood staff did find one (1) similar carport structure at 5 Beauregard Drive. However, staff noticed no other similar encroachments in this neighborhood. Therefore, staff feels that the requested carport addition with encroachment into the front setback is out of character with the neighborhood. Staff believes the carport structure has an adverse visual impact on the adjacent properties along Beaurgard Drive which have a uniform setback from the street. 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 carport addition. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends denial of the requested variances associated with the carport addition. BOARD OF ADJUSTMENT: (JULY 31, 2006) Staff informed the Board that the applicant requested the application be deferred to the August 28, 2006 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred by a vote of 3 ayes, 0 nays, 1 absent and 1 open position. 2 We, Jimmy R. Talley and Shirley A. Talley, do request a variance from the requirements of the zoning ordinance. This is needed for the following reasons: We needed more space in our home, and our carport area was enclosed for additional space. The carport area served as protective shelter for 32 years from inclement weather, for not only our vehicles, but also members of our family, going and coming. We needed another covering for the same purpose in years to come. The carport that has been extended from the house was installed properly by the contractor. Two other houses in the community have the same type carport, which in fact was installed several years ago. Our contractor was responsible for all permits and meeting all codes set by the city of Little Rock. We have spent $30,000.00 on our home. We have always tried to keep our home as beautiful as possible from the outside. The carport has richly beautified our home as well as served us for the same reason it was installed. We ask you to please grant our request. Thanks In Advance, 1 e GL Jimmy and Shirle alley jt JULY 31, 2006 ITEM NO.: 7 File No.: Z-8074 Owner: Harry and Marlene Ware Applicant: Carolyn Lindsey, Yeary Lindsey Architects Address: 2116 N. Cleveland Street Description: Lot 10, Block 4, Altheimer's Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36- 254 to allow a building addition with a reduced front 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: No Comments B. Staff Analysis: The R-2 zoned property at 2116 N. Cleveland Street is occupied by a one- story frame single family residence. A one -car wide driveway from Cleveland Street serves as access. There is also a one-story frame garage structure along the north property line within the rear yard. An alley right-of-way exists along the rear (west) property line. The applicant proposes to construct an 8 foot wide porch (8 feet by 20'-4") on front of the house, as noted on the attached site plan. The proposed porch will be unenclosed and located 16.9 feet back from the front (east) property line. JULY 31, 2006 ITEM NO.: 7 (CON'T.) 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. Therefore, the applicant is requesting a variance to allow the porch addition with a reduced front setback. Staff is supportive of the requested front setback variance. Staff views the request as relatively minor. There are several other homes along both sides of Cleveland Street (between Beacon Street and Kavanaugh Blvd.) which have similar encroachments into front setbacks for front porches. These porch structures have nonconforming front setbacks, with one of the porches having been previously approved by the Board of Adjustment. Therefore, staff feels the proposed porch addition will not be out of character with the neighborhood. Staff believes the proposed porch addition will have no adverse impact on the adjacent properties or the general area. The applicant is also proposing an addition to the rear of the house which conforms to ordinance standards. C. Staff Recommendation: Staff recommends approval of the requested front setback variance, subject to the following conditions: 1. The porch structure must be constructed to match the existing house. 2. The porch must remain unenclosed on its north, south and east sides. BOARD OF ADJUSTMENT: (JULY 31, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 3 ayes, 0 nays, 1 absent and 1 open position. 2 Bary Lindsey Archite�_ . June 14, 2006 Mr. Monte Moore Dept. of Planning and Development 723 W. Markham Little Rock, Arkansas 72201 Re: Zoning Variance Application Ware Residence, 2116 N. Cleveland Dear Monte, We are requesting a zoning variance at 2116 N. Cleveland to allow an encroachment into the front setback to allow the construction of a front porch that will reduce the setback to 16.9 feet. The current house projects .1 feet into the setback with a stoop that projects approximately 4 additional feet into the setback. Out of 10 houses on the west side of the street where this house is located, 3 have porches that project into the front setback. These porches appear to be original to the houses. We feel this porch addition will blend well with the current architectural context and will enhance the streetscape. Our proposed plan also includes a one-story addition to the rear that maintains a 6 -foot clearance from the existing garage structure. Thank you for your time and consideration. Sincerely, r �4 Carolyn Lin y, AIA 319 President Clinton Ave., Suite 201 Little Rock, AR 72201 501-372-5940 FX: 501-707-0118 JULY 31, 2006 ITEM NO.: 8 File No.: Z-8075 Owner: David and Susan Conrad Applicant: Jud McDaniel, J -McDaniel Construction Co. Address: 16 Glasgow Court Description: Lot 7, Block 21, Villages of Wellington Zoned: R-3 Variance Requested: Variances are requested from the area provisions of Section 36-255 to allow a residence with reduced setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property STAFF REPORT Single Family Residential A. Public Works Issues: 104[.1FORT,i�11W B. Staff Analysis: The R-3 zoned property at 16 Glasgow Court is occupied by a one-story brick and frame single family residence which was recently constructed. There is a two -car wide driveway from Glasgow Court which serves as access. The residential lot slopes downward from front to back (east to west). With the new home construction, the applicant constructed a 12 foot wide deck on the rear of the residence, as noted on the attached site plan. The deck runs for approximately 35 feet along the rear wall of the residence. The deck is approximately seven (7) feet above the finished grade of the rear yard, and JULY 31, 2006 ITEM NO.: 8 (CON'T.) is uncovered and unenclosed. The deck structure is located approximately 17 feet back from the rear (west) property line. Section 36-255(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for this R-3 zoned lot. Therefore, the applicant is requesting a variance to allow the deck structure with a reduced rear setback. Staff is supportive of the requested variance. Staff views the request as reasonable. The house is set back five (5) feet further on the lot than required by the 20 foot front platted building line. If the house were pulled up to the front building line, the deck setback could have been approved administratively. The proposed deck with reduced setback will not be out of character with the neighborhood. Similar decks with reduced setbacks have been approved throughout the Villages of Wellington Subdivision. Staff believes the deck 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 deck structure remaining uncovered and unenclosed. BOARD OF ADJUSTMENT: (JULY 31, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 3 ayes, 0 nays, 1 absent and 1 open position. N June 15, 2006 2-ffD75 To: Little Rock Board of Adjustments From: J -McDaniel Construction Co., Inc., Jud McDaniel, V.P. Re: Variance request, 16 Glasgow Court We are requesting a residential variance at 16 Glasgow Court in the Villages of Wellington subdivision to the city of Little Rock. The deck constructed on the back of the residence extends into the 25 foot setback. In order to give the buyer room for table and chairs and usable space on this deck area, we did extend into the setback. This was not done intentionally, but was rather an oversight. We respectfully request that a variance be granted. JULY 31, 2006 ITEM NO.: File No.: Z-8076 Owner: R.S. Keathley, JR. Applicant: Regina Haralson, Kaplan, Brewer, Maxey and Haralson, P.A. Address: 8223 Baseline Road Description: South side of Baseline Road, between Production and Distribution Drives. Zoned: R-2 Variance Requested: An administrative appeal is requested to determine that a nonconforming use/status of the property (mobile home park) is valid. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 8223 Baseline Road is currently vacant. For a number of years the site was used as a mobile home park. Evidence of its previous use still exists in the form of concrete/asphalt pads, utility stub -outs, etc. There are two (2) asphalt drives on the property. There is a main access drive from Baseline Road down the center of the property. This drive connects to a drive along the west property line which accesses Victoria Street to the west. There is one (1) unoccupied mobile home at the northeast corner of the property. JULY 31, 2006 ITEM NO.: 9 (,CON'T.) This R-2 zoned property had a nonconforming R-7 status for many years during its use as a mobile home park. However, on July 20, 2004 the property ceased being used as a mobile home park. Water to the property was cut-off on July 19, 2004. The City's Zoning Ordinance does not permit the operation of a mobile home park as a by right use in R-2 zoning. The mobile home park which previously existed on this property was in existence before the property became part of the City, and was allowed to continue as a nonconforming use. Such a use can continue as long as the use is not ceased for a period of one (1) year, according to the following Section 36-153( c) of the City's Zoning Ordinance: "( c) Abandonment or discontinuance. When a nonconforming use has been discontinued or abandoned, and the appearance of which [such use] does not depict the identity of an ongoing use, and further if said situation exists for a period of one (1) year, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land or structure shall comply with the regulations of the zoning district in which such land or structure is located." Shortly before July 20, 2005 the mobile home which exists near the northeast corner of the property was placed on the site. There was no evidence that the mobile home was inhabited by July 20, 2005. Therefore, the City determined that the nonconforming status of the property has been lost. According to a letter dated February 8, 2006 from City Attorney Tom Carpenter to Phillip Kaplan, the property owner's attorney: "The City considers this property abandoned as a mobile home park and will not permit any owner to engage in such a use. The ordinance clearly notes that abandonment or discontinued use includes situations in which "the appearance... does not depict the identity of an ongoing use." Little Rock, Ark., Rev. Code §36-153( c) (1988). Arkansas law does not require the City to prove an intent to abandon a use, merely that there has been a discontinuance of such use." The property owner is appealing the City's determination that the nonconforming status of the property has been lost. The property owner is asking the Board to determine that he has not abandoned the nonconforming mobile home park use of the property and that he be allowed to continue said use. A separate packet of information, including letters from the City Attorney's office, has been provided by the applicant and will be given to the Board members for review. A member of the City Attorney's office will be present at the public hearing to provide additional information. 0 JULY 31, 2006 ITEM NO.: 9 (CON'T.) BOARD OF ADJUSTMENT: (JULY 31, 2006) Staff informed the Board that the applicant requested the application be deferred to the August 28, 2006 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred by a vote of 3 ayes, 0 nays, 1 absent and 1 open position. 9 KAPLAN, PHILIP E. KAPLAN JOANN C. MAXEY REGINA HARALSON OF COUNSEL: SILAs H. BREWER June 7, 2006 BREWER, MAXEY & HARALSON, P.A. ATTORNEYS AT LAW City of Little Rock Board of Adjustment 723 W. Markham Little Rock, AR 72201 Re: 8223 Baseline Road Dear Members of the Board of Adjustment: 415 MAIN STREET LITTLE ROCK, AR 72201 (501) 372-0400 FAX (501) 376-3612 SENDER'S E-MAIL pkaplan@kbmiaw.net ( 3 jvo�,) HAND DELIVERY Mr. Raymond Keathley owned and operated a mobile home park on the property at issue from the early 1990s until he sold it in 2000. Under Mr. Keathley's ownership, the park was clean and maintained; it contained nice homes and housed decent tenants. Attached and marked as Exhibit A are pictures showing the condition of the park under Mr. Keathley's ownership. Steve and Lisa Thompson entered into a real estate contract to purchase the property from Mr. Keathley on October 17, 2000 and took possession at that time. Mr. Keathley financed the purchase; the Thompsons made monthly payments. The Thompsons, however, did not maintain the park, and it eventually deteriorated to the point that the City became involved. Mr. Keathley was not aware at the time and is not currently aware of communication between the City and the Thompsons. Mr. Keathley first became aware of the issues when Ms. Barbara Hyatt contacted him as lien holder and notified him of problems. Mr. Keathley agreed to talk with Mr. Thompson, which he did, and was assured that Mr. Thompson would move the worst of the homes out of the park and repair and restore the ones remaining. Mr. Keathley offered to assist further and advised Ms. Hyatt to contact him if needed. When he had no further contact from Ms. Hyatt, Mr. Keathley assumed the problems were resolved. Unbeknownst to Mr. Keathley, water to the facility was cut off on July 19, 2004, and the City shut the park down on July 20, 2004. By this time, the park was in deplorable condition, as tenants abandoned the homes, vandals stripped all the metal from the mobile homes, and four loads of tires were dumped in the park. Attached and marked as Exhibit B are pictures showing the mess. Thompson became delinquent on his payments to Mr. Keathley and deeded the property back to Mr. Keathley on September 24, 2004. Although he believed some homes were salvageable, Mr. Keathley cleared everything from the property, expending between $40,000 and $50,000 to do so. Attached as Exhibit C are pictures of the park after the cleanup. Parties contacted Mr. Keathley about purchasing the property from him, but reported that they were told by the City that the property could no longer be used for a mobile home park. Mr. Keathley, through this office, inquired about the zoning status of the property. The City Attorney responded and advised that the property could continue its use as a mobile home park if it renewed operation prior to July 20, 2005. Attached as Exhibit D is a copy of the letter for your convenience. Mr. Keathley placed a new sign at the entrance. He obtained water and sewer service on June 23, 2005, purchased a new mobile home for the property on July 8, 2005, had it transported and set up at the park on July 11, 2005, and began advertising it and spaces for rent on July 13, 2005. Attached as Exhibit E are receipts from Central Arkansas Water, Arkansas Liquidators, and Henley Mobile Home Service, and a copy of Mr. Keathley's record with copy of advertising as evidence of these efforts. Attached as Exhibit F are pictures of the mobile home. In September 2005, the City determined that the property's use as a mobile home park had been abandoned and advised him to remove the "abandoned" mobile home unit from the premises. Mr. Keathley, through this office, responded and advised that operations had resumed timely. The City Attorney responded and opined that since no one had rented the mobile home, the City would consider the property abandoned as a mobile home park. Attached as Exhibit G are copies of those letters for your convenience. Mr. Keathley disputes this finding. Mr. Keathley understands, however, that the property must meet the code requirements, and he is committed to ensuring that it does. Moreover, he is committed to improving the entire area, as the elements surrounding the mobile home park are less than ideal. Attached as Exhibit H are pictures showing property that joins the park on the east, the west, across Baseline, and as you enter the park from Baseline. As you can see, the surrounding conditions are less than desirable. A similar situation existed in Conway at Mr. Keathley's Brookside Village Mobile Home Park until Mr. Keathley donated a mobile home for a Conway Police Department substation. As a result, undesirables moved away, speeders slowed down, and the police department has a visible presence, which has resulted in developing relationships with nearby families and businesses. Attached as Exhibit I is a newspaper article printed recently lauding its success. Mr. Keathley had no problems with the property during his previous ownership. He then went to great expense to clean the property when it was abandoned by the Thompsons. He purchased a new home, installed it, obtained utility services, and advertised it and spaces for rent. He offers to provide the Little Rock Police Department with a mobile home and space if it would like to open a substation there, as he did at the Brookside Village Mobile Home Park in Conway. This can be a positive space for the neighborhood, the surrounding area, and the City. Mr. Keathley would like to see the park with nice homes, nice families, maintained, with a police presence, and a welcome addition to the area. He 2 asks that the Board of Adjustment find that he has not abandoned the property and give him an opportunity to realize that vision. Sincerely, Philip E. Kaplan PEK:nm cc: Client 0 V W 0: W F- 0 0 H Z uj U) '7 LL 0 0 Q 0 co a: c� N a� c 0 Q c a� Z_ Q H CO m Q Z W co Co] Q W Q D O W 0 w W > _ Q LLJ LU h Q zO Z Q F- —i W Z U zU)U)zcr-D Q �)DOOC � W Q of z Co w u-m=�0 July 31, 2006 There being no further business before the Board, the meeting was adjourned at 2:20 p.m. Date: 1 -VZ? v / Chairman Secretary