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boa_09 25 2006LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES SEPTEMBER 25, 2006 2:00 P.M. Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. II. Approval of the Minutes of the Previous Meetings The Minutes of the August 28, 2006 meeting were approved as mailed by unanimous vote. III. Members Present: Andrew Francis, Chairman Terry Burruss, Vice Chairman Fletcher Hanson David Wilbourn Open Position Members Absent: None City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA SEPTEMBER 25, 2006 2:00 P.M. I. OLD BUSINESS: ITEM NO.: FILE NO.: LOCATION: A. Z-8076 8223 Baseline Road II. NEW BUSINESS: ITEM NO.: FILE NO.: LOCATION: 1. Z -3882-A 1201 Kavanaugh Blvd. 2. Z -3982-B 2900 Kavanaugh Blvd. 3. Z -7785-A 5400 Scott Hamilton Drive 4. Z-8106 SW Corner West 7t" and State Streets 5. Z-8107 2322 Beechwood Street 6. Z-8108 1305 West Short 31St Street 7. Z-8109 1301 West Short 31St Street 8. Z-8110 5400 Centerwood Road 9. Z-8111 1413 S. Fillmore Street 10. Z-8112 105 Fountain Avenue 11. Z-8113 2501 N. Fillmore Street 12. Z-8114 1821 N. Jackson Street r c0 0 CD 0 N • 3NId ' 8312tla3 L u 1 /� IlOV91H1 1 \ 1 �y W Jd�.✓ a /� ♦ a o r UW e 4—, � w 0o�a NVWa3>7 W NIVW W HOatl NO1Np _ = 153H0 — 83H380 rc`1 CV ONIN zo 0 1' (O00 ^ \PON�ON MOa000M o 3NId T ai 13�,dIS L 3NId HJbb aV0 O D1lIWV 110OS s SJN • fid' tt t �O� • a and alv3 > t- (� ulS63nlNn � AlISa3nINn SONIadS a3A30 1 Q 53HOnH o IddISS IN N 5 � a sb 1DOIHO � x `��`� alOna3S3a MOM6 NHDf 3 yb 3AN13H 0 Oa 31 OV Oa033lNOVHS o z SIOatlS — R WVHaVd A3NOOa ¢ NV 08 t S S11WIl A11O N b 3001a AWN J 0j3JbIS o gg ORg\� r — o Nvnnlns laMIS - Hsdb`Y _ � 0 y VQ� a S11WIl Allo V Jf�1nJ 31tlON833 cz 0 ca SEPTEMBER 25, 2006 ITEM NO.: A 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. SEPTEMBER 25, 2006 ITEM NO.: A (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. PA SEPTEMBER 25, 2006 ITEM NO.: A (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. BOARD OF ADJUSTMENT: (AUGUST 28, 2006) Staff informed the Board that the applicant requested the application be deferred to the September 25, 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: (SEPTEMBER 25, 2006) Staff informed the Board that the applicant requested the application be deferred to the November 27, 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 KAPLAN, BREWER, MAXEY & 'HARALSON, P.A. ATTORNEYS AT LAW PHILIP E. KAPLAN JOANN C. MAXEY REGINA HARALSON OF COUNSEL: SILAS H. BREWER June 7, 2006 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 Qkbmlaw.net 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 MMi1 cc: Client SEPTEMBER 25, 2006 ITEM NO.: 1 File No.: Z -3882-A Owner: Rolfe Buntaine Applicant: Rolfe Buntaine Address: 1201 Kavanaugh Blvd. Description: Part of Lots 9 and 10, Block 9, Midland Hills Addition Zoned: R-3 Variance Requested: A variance is requested from the area provisions of Section 36- 255 to allow a deck addition with a reduced side 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. As shown on the proposed site plan, the deck projects into the right-of- way approximately 3 feet. The deck should be removed out of the right-of- way. B. Staff Analysis: The R-3 zoned property at 1201 Kavanaugh Blvd. is occupied by a one-story brick and frame single family residence. The property is located at the corner of Kavanaugh Blvd. and Charles Street. There is a lower level garage at the north end of the house, as the property slopes downward from front to back (south to north). There is a two -car wide driveway from Charles Street leading to the lower level garage. SEPTEMBER 25, 2006 ITEM NO.: 1 (CON T.) The applicant recently constructed a 12 foot by 28 foot deck (uncovered and unenclosed) on the west side of the residence, as noted on the attached site plan. The deck is located at the upper level of the house over the garage. The deck extends over the driveway, across the side property line, and approximately three (3) feet into the right-of-way of Charles Street. When the City's enforcement staff observed the deck construction, a stop work order was issued. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of five(5) feet for this R-3 zoned lot. Therefore, the applicant is requesting a variance to allow the deck addition with a zero (0) side setback, extending approximately three (3) feet into the right-of-way. Staff does not support the requested variance, Staff does not believe this type of encroachment into the right-of-way is reasonable. Staff believes this type of encroachment above a public right-of-way/sidewalk represents a liability for the City. As noted in paragraph A. of this report, the Public Works Department notes that the deck should be removed from the right-of-way. In addition to the right-of-way issue, staff feels that no reduced setback should be allowed for the deck. Given the irregular lot shape, the existing house is already out of alignment with the other residential structures along both sides of Charles Street to the northwest. Allowing additional building coverage within this side setback will only exacerbate the situation. Staff believes the proposed deck encroachment will have an adverse visual impact on the properties in this general area. C. Staff Recommendation: Staff recommends denial of the requested setback variance. BOARD OF ADJUSTMENT: (SEPTEMBER 25, 2006) Rolfe Buntaine was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Rolfe Buntaine addressed the Board in support of the application. He described the proposed deck structure and presented photos to the Board. He explained that he could remove 2.5 feet of the deck structure without moving the existing poles. He noted that the deck was not that visible because of existing trees and other landscaping, and would not have an adverse visual impact. 2 SEPTEMBER 25, 2006 ITEM NO.: 1 (CON'T.) BOARD OF ADJUSTMENT (CON'T.): (SEPTEMBER 25, 2006) There was a brief discussion of the deck structure with relation to the side property line. Chairman Francis expressed concern with the deck being out of alignment with other residential structures along Charles Street. He stated that he could support a 5 foot wide deck structure with a 4 foot side setback. There was discussion of the deck extending past the northwest corner (rear wall) of the house. Chairman Francis explained that his support of a 5 foot wide deck would be if it did not extend past the rear wall of the house. There was additional discussion of the setback issue. Vice -Chairman Burruss asked if there were any steps to the deck. Mr. Buntaine stated that there were none. Fletcher Hanson asked what existed prior to the deck construction. Mr. Buntaine explained that it was a plywood carport structure with no deck on top. Vice -Chairman Burruss asked Mr. Buntaine if he would amend the application to have a 6 foot wide deck, with a 3 foot side setback. Mr. Buntaine amended the application accordingly. There was discussion of a 6' wide deck instead of a 5 foot wide structure. There was a motion to approve the revised application for a 6 foot wide deck with a 3 foot side setback, subject to the deck structure not extending past the northwest corner (rear wall) of the house. The motion passed by a vote of 4 ayes, 0 nays and 1 open position. The revised application was approved. The Board informed Mr. Buntaine that the deck structure needed to be altered according to the approval within 60 days. HERFF JONES ROLFE BUNTAINE P.O. BOX 250001.LITTLE ROCK, AR 72225 1-888-443-5457(FAX) 501-664-1654 August 25, 2006 To: Board of Adjustment Little Rock, Ar RE: Variance for 1201 Kavanaugh, Little Rock, AR Current Kavanaugh house has a 8'6 to T variance with the property line. Due to being an unusual lot configuration with the location of the house and garage on Charles Street; I ask to waive the 25' variance in order to build a carport/deck. This carport/deck will be 10' above the driveway; not overhanging the 5'. sidewalk and staying within the perimeters of the rock wall located on Charles Street. Thank you. Rolfe Buntaine 1201 Kavanaugh Little Rock, AR SEPTEMBER 25, 2006 ITEM NO.: 2 File No.: Z -3982-B Owner: Larry and Joan Nafe Applicant: Larry and Joan Nafe Address: 2900 Kavanaugh Blvd. Description: Part of Lots 5 and 6, Block 53, Pulaski Heights Addition Zoned: C-3 Variance Requested: Variances are requested from the area provisions of Section 36-301 to allow a building addition with reduced rear and street side setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Veterinary Clinic Proposed Use of Property: Veterinary Clinic STAFF REPORT A. Public Works Issues: 1. At the time of construction, 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: In conjunction with this project, an upgrade in landscaping may be required. It appears that zero green space is located on the front of the property. Therefore, the removal of concrete/asphalt may be required in conjunction with this upgrade. Street trees are recommended. A franchise agreement must be obtained for any work that is to occur in the public right-of-way. Contact John Barr at 371-4646, 1 SEPTEMBER 25, 2006 ITEM NO.: 2 (CON'T.) C. Staff Analysis: The C-3 zoned property at 2900 Kavanaugh Blvd. is occupied by a one story masonry commercial building. The property is located at the northwest corner of Kavanaugh Blvd. and Palm Street. There is a paved parking area on the south side of the building between the building and Kavanaugh Blvd. Existing driveways from Kavanaugh Blvd. and Palm Street serve as access. There is a large canopy structure at the southeast corner of the building. The applicant proposes to remove the canopy structure from the front of the building and construct an addition along the front of the building, as noted on the attached site plan. The addition will extend approximately seven (7) feet closer to the front property line and be located along the entire front of the building, wrapping around a portion of the southwest corner of the building. The addition will be located 18 to 22 feet from the street side (east) property line, 33 feet from the front (south) property line, four (4) feet from the west side property line and 20 feet from the rear (north) property line. The applicant has noted that with the proposed building addition no reduction in parking spaces will occur. At least the same number of vehicles will be able to park in the existing parking area. The proposed building addition will be for additional space for the existing veterinary clinic. No increase in the number of doctors is proposed. Therefore, no increase in parking will be required. Section 36-301(e)(2) of the City's Zoning Ordinance requires a minimum street side setback of 25 feet. Section 36-301(e)(3) requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances from these ordinance standards to allow reduced street side (18-22 feet) and rear (20 feet) setbacks with the proposed building addition. Staff is supportive of the requested variance. Staff views the request as reasonable. The setback variances requested are very minimal. The proposed addition to this building will not be out of character with other buildings in this area. Many of the commercial buildings in this area are located on the street front and side property lines. It appears that a minimal amount of parking will be maintained on the property. There is also on -street parking in front of the property along Kavanaugh Blvd. Staff believes the proposed building addition 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 compliance with the Public works and Landscape/Buffer requirements as noted in paragraphs A and B of the staff report. 2 SEPTEMBER 25, 2006 ITEM NO.: 2 (CON'T.) BOARD OF ADJUSTMENT: (SEPTEMBER 25, 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 4 ayes, 0 nays and 1 open position. 3 LARRY NAFE, D.V.M. Dipolmate, A.C.V.I.M. Neurology Internal Medicine August 23, 2006 Dear Sirs, Hillcrest Animal Hospital 2900 Kavanaugh boulevard • Little Rock, Arkansas 72205 Phone: (501) 663-1284 • Fax: (501) 664-2072 ted^ 7- 2 2 — -? 1,Y2- --6 This letter is in support of a variance for 2900 Kavanaugh boulevard. Our proposal is to add 7 feet across the front of the building with an addition on the west end of the building. The removal of a front canopy will result in an addition of at least one or more additional parking spaces and allow for a more orderly traffic flow within the lot. The additional space is to allow for separation of radiology from surgery and enlargement of radiology for more modern equipment. It will also allow more storage space and the addition of a break room for our employees. This addition will not result in any additional veterinarians or staff nor do we expect increased customer visits. Attached is a current survey of the property with the parking as it exists now. Another survey is attached with the footprint of the addition we are proposing. It also illustrates the removal of the canopy and our vision of the new parking format which should add new parking spaces. Thank you for your consideration and time. V ,�if1�. i-c;� �--rt Aj PP21T fe VM Joan Nafe DVM SEPTEMBER 25, 2006 ITEM NO.: 3 File No.: Z -7785-A Owner: Richards Finance, LLC Applicant: Betty Richards Address: 5400 Scott Hamilton Drive Description: Tract 83, Little Rock Industrial District Zoned: 1-2 Variance Requested: A variance is requested from the paving provisions of Section 36-508 to allow a gravel parking lot. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Gravel Parking For Trailers STAFF REPORT A. Public Works Issues: 1. All driveways shall be concrete aprons per City Ordinance and not exceed 36 ft. in width. Contact Melvin Hall at 918-5217 for inspection of forms prior to pouring concrete. B. Landscape and Buffer Issues: The zoning buffer ordinance requires an average thirty-nine foot wide landscape strip along Scott Hamilton Drive and in no case less than half. The landscape ordinance requires a minimum nine foot wide landscape strip. A variance from this requirement must be obtained from the City Beautiful Commission. Berming is encouraged along Scott Hamilton Drive. An automatic irrigation system is required. 1 SEPTEMBER 25, 2006 ITEM NO.: 3 (CON'T.) Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree -covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. C. Staff Analysis: The 1-2 zoned property at 5400 Scott Hamilton Drive is currently undeveloped. The front portion of the property has been cleared and covered with gravel in preparation of a parking area for trailers. The rear portion of the property is wooded. There is a driveway at the southeast corner of the property. The applicant is proposing to use the gravel area for the parking/storage of trailers. The applicant has a trucking company located at 6011 Scott Hamilton Drive. The applicant recently applied the gravel to the property. The gravel will serve as a base for future paving. It appears that some areas have been set aside for future landscaped areas with future paving. Section 36-508 of the City's Zoning Ordinance requires that all vehicular use areas be paved. Therefore, the applicant is requesting a variance to allow use of the gravel area for the parking/storage of trailers. Staff is supportive of the variance and use of the gravel area for parking on a temporary basis. Staff will support the use of the gravel area for a maximum of 18 months. The property is located in an industrial area, and at the north end of Scott Hamilton Drive. The applicant has applied the gravel to the property in a manor to serve as a base for future paving. The applicant needs to keep the gravel out of areas which will be landscaped with future paving. Staff believes the temporary use of the property as a gravel parking lot will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested paving variance, subject to the following conditions: 1. The gravel parking area will be allowed for a maximum of 18 months. 2. An approved plan for future paving and landscaping must be submitted within 30 days. 3. The driveway apron must be paved as per City Ordinance requirements within 30 days. 2 SEPTEMBER 25, 2006 ITEM NO.: 3 (CON'T. BOARD OF ADJUSTMENT: (SEPTEMBER 25, 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 4 ayes, 0 nays and 1 open position. 3 RICIRI�S FINANCE C®1VI1'1�NY, LLC 6011 SCOTT HAMILT®N DRIVE LITTLE ROCK, AR 72209 July 6, 2006 Dept of Planning & Development 723 West Markham Little Rock, AR To Whom It May Concern: I am requesting a zoning variance for 5400 Scott Hamilton Drive, Little Rock. I am requesting to be able to gravel this piece of property instead of paving it. This property will be used for trailer storage. Paving will be unnecessary and cost prohibitive for the business. I also own another piece of property at 6011 Scott Hamilton Drive where my trucking company is located. The Company stores trailers at this location also. 6011 Scott Hamilton is not paved either. Thank you for your consideration. Betty PIchards President September 25, 2006 ITEM NO.: 4 File No.: Z-8106 Owner: Arkansas Blue Cross and Blue Shield Applicant: Digital Endeavors, Inc., Phillip McColey Address: Southwest Corner of West 7th and State Streets Description: Lots 1-3 and 10-12, Block 227, Original City of Little Rock Zoned: UU Variance Requested: A variance is requested from the development provisions of Section 36-342.1 to allow a parking lot to be located between a building and a street. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Parking Lot Proposed Use of Property: STAFF REPORT A. Public Works Issues: New Office/Warehouse Building With Parking 1. At time of construction, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. At time of construction, a 20 foot radial dedication of right-of-way is required at the intersection of Izard and 7th Street. B. Landscape and Buffer Issues: The zoning ordinance requires planting street trees along State Street, 7th Street, and Izard Street. The landscape ordinance stipulates that interior islands must be a minimum of 7'/2 feet in width to qualify for interior landscaping credit. SEPTEMBER 25, 2W6 ITEM NO.: 4 (CON'T.) The minimum nine foot wide perimeter landscape is currently not being met along the northern, southern, and western perimeters of the site; however, the additional space needed can easily be obtained by simply reducing the parking aisle widths to twenty feet. Otherwise, a variance from the City Beautiful Commission must be obtained. The zoning buffer ordinance requires an average of eighteen foot (18') wide street buffer and in no case less than half. Currently, the site is not meeting this minimum requirement; however, this area can easily be obtained by simply decreasing the parking lot maneuvering area to twenty feet (20'). Easements cannot count toward this requirement. The zoning buffer ordinance requires an average nine foot (9) wide street buffer along West 7th Street. Currently, the site is not meeting this minimum requirement; however, this area can easily be obtained by simply decreasing the parking lot maneuvering area to twenty feet (20'). Easements cannot count toward this requirement. An automatic irrigation system is required for all new landscaped areas. 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 UU zoned property at the southwest corner of West 7th and State Streets is occupied by a paved parking area. The property includes the entire half block along the south side of West 7th Street, between State and Izard Streets. The paved parking lot encompasses the entire half block. The parking area is fenced and is currently being used as temporary parking for Arkansas Children's Hospital. The applicant, Southern Reprographics, is proposing to construct a 20,000 square foot office/warehouse building within the east half of the half block, as noted on the attached site plan. The building will be constructed to the north, east and south property lines. The parking area within the west half of the property will be reconstructed to include landscaped areas and an entry drive from Izard Street at the southwest corner of the property. The applicant is requesting one (1) variance from the UU zoning district requirements with the proposed development. Section 36-342.1( c) (10)b. of the City's Zoning Ordinance requires surface parking lots to be located behind or adjacent to a structure, never between the building and abutting street. Therefore, the applicant is requesting a variance to 2 SEPTEMBER 25, 2bvo ITEM NO.: 4 (CON'T.) allow the new building with paved parking between the building and Izard Street. The applicant has noted that the development will comply with all other UU ordinance requirements. Staff is supportive of the requested variance. Staff views the requested variance as very minor in nature. The applicant is proposing to construct a building over an existing parking lot. The paved parking area proposed to serve the new building is currently a surface parking area. The new development will eliminate a portion of a nonconforming surface parking lot in the UU district. Staff believes the new development will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested UU district variance, subject to the following conditions: 1. Compliance with the Public Works and Landscape/Buffer requirements as noted in paragraphs A and B of the staff report. 2. Compliance with all other Urban Use District development requirements. BOARD OF ADJUSTMENT: (SEPTEMBER 25, 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 4 ayes, 0 nays and 1 open position. K3 WITTENBERG DELONY & DAVIDSON ARCHITECTS August 23, 2006 Monty Moore City of Little Rock Dept. of Neighborhoods and Planning 723 W Markham Little Rock, AR 72201 RE: Block 227 Lots 1, 2, 3, 10, 11, 12 on 7th Street Southern Reprographics New Facility Dear Mr. Moore: We are doing a feasibility study for a new facility to be located on the existing parking lot currently owned by Blue Cross. The proposed 20,000SF one story building will be located on the corner of 7th and State Street and the parking will be adjacent to the building to the west along 7th Street. On behalf of the owner, we would like to ask for a variance from Section 36-342-1(10) (b) Parking Lots which prohibits the parking to be located between the building and the street. Izard Street is the street that the parking would be abutting. The property is bordered on three sides by streets and it would be an inefficient layout if the building were configured 75 feet by 300 feet to put parking at the back of the building. The intended use will be primarily office and some warehouse space. Minimal parking is needed for staff and customers. We propose a building that fronts the corner of State and 7th Streets and contains proper landscaping, decorative metal fencing and glass storefront/ window displays to fit the context of this urban area and meet local city ordinances. Please call me if you have any questions. Sincerely, WITTENBERG, DELONY & DAVIDSON, INC. Chad T. Young, AIA Principal/Designer c: Phillip McColey 400 W. CAPITOL AVENUE, SUITE 7800 LITTLE ROCK AR 72201-4806 507/376-6687 507/376-0231 FAX SEPTEMBER 25, 2006 ITEM NO.: 5 File No.: Z-8107 Owner: Shea Weidner Applicant: Thomas Hodges Address: 2322 Beechwood Street Description: Lot 12, Block 10, Country Club Heights Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 to allow a new residence with reduced setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 2322 Beechwood Street is occupied by a two-story brick single family residence. The property is located at the north end of Beechwood Street and adjacent to the Little Rock Country Club golf course to the north. The existing house faces the golf course. The middle portion of the house is two stories in height, with the two (2) end portions (east and west ends) being one story in height. The existing house is located 15.6 feet from the front (east) property line and approximately 2.5 feet from the side (south) property line. There are existing setbacks of 29 feet from the rear (west) property line and over 11 feet from the north side property line. There is a two - car wide driveway from Beechwood Street which serves the one-story garage at the east end of the house. SEPTEMBER 25, 2006 ITEM NO.: 5 (CON'T.) The applicant proposes to remove the house from the property and construct a new house using the same building footprint. The applicant is proposing to square off and fill in areas of the existing footprint, as noted on the attached site plan. The applicant is proposing the entire structure to be two (2) stories in height. 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 a minimum side setback of 4.5 feet. Therefore, the applicant is requesting variances from these ordinance standards to allow construction of the new residential structure with the same reduced front (15.6 feet) and south side (2.5 feet) setbacks on the existing house. Staff is not supportive of the requested variances, as filed. Staff does not view the request as reasonable. Staff's view is based primarily on the fact that the applicant is proposing to remove the existing house. Staff believes there is adequate space to shift the new structure on the lot to comply with the minimum south side setback and come closer to the minimum front setback. The existing house is out of alignment with the other houses along Beechwood Street to the south. Making the entire structure two (2) stories in height with the existing reduced side and front setbacks represents an increase in intensity which staff believes could have an adverse impact on the adjacent properties to the south. If the applicant were willing to provide increased south side and front setbacks, staff would be willing to entertain a variance for a minor reduction in the rear setback. C. Staff Recommendation: Staff recommends denial of the requested setback variances, as filed. BOARD OF ADJUSTMENT: (SEPTEMBER 25, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. Staff explained that the applicant had revised the application, providing a 4.5 foot side setback (south side) and a 20.5 foot front setback (east). Staff supported the application, as revised. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 open position. 2 OTTER CREEK -2- Y/ Q % August 23, 2006 Little Rock Board of Adjustment 720 West Markham Little Rock, AR. 72201 RE: 2322 Beechwood This letter is written in support of a variance to the set back requirements of the zoning ordinance as they relate to the subject property. The existing house was constructed in 1928_ It has been allowed to deteriorate in recent years, and the floor plan is obsolete. Existing electrical, plumbing and mechanical systems are substandard. It is my desire to demolish the structure, and rebuild using the existing footprint squared off to eliminate undesirable nooks and off -sets. The lot, at 45 X 140 is significantly narrower than nearby properties. My intention is to use similar brick and colors, and maintain the character that exists. It would also be my intention to construct a second story over the entire structure with the rest of the exterior similar to the existing house. Without a variance, it would not be feasible to demolish the existing structure. Restoration of the existing structure to the same quality of the proposed structure would be prohibitively expensive. Thank you for your consideration. Sincerely, Thomas L. Hodges Otter Creek Land Company ® #10 Otter Creek Court % Little Rock, AR 72210 a Phone: (501) 455-3000 Fax: (501) 455-0525 F -mail: tlhodges@swbell.net ® www.ottercreek.net SEPTEMBER 25, 2006 ITEM NO.: 6 File No.: Z-8108 Owner: Robert L. Webb Applicant: Patrick Webb Address: 1305 West Short 31St Street Description: Part of Lot 3, Block 8, Bowman's Addition Zoned: R-3 Variance Requested: Variances are requested from the area provisions of Section 36-255 to allow a new residence with reduced setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Anal The R-3 zoned property at 1305 West Short 31St Street is currently an undeveloped lot. Some site work has been done on the property. Footings have been dug in preparation for construction of a new single family residence. The property consists of only a portion of the original Lot 3, Block 8, Bowman's Addition. Some time ago the lot was split, with this ownership consisting of only the north 70 feet of the original lot. The applicant is proposing to construct a one-story single family home on the lot, as noted on the attached site plan. The house will be located 10.7 feet from the front (north) property line and 11.4 feet from the rear (south) property SEPTEMBER 25, 2006 ITEM NO.: 6 (CON'T.) line. The house will be over 11 feet from each of the side property lines. A one -car wide driveway will be located at the northeast corner of the lot. Section 36-255(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 36-255(d)(3) also requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances to allow the new residence with reduced front and rear setbacks. Staff is supportive of the requested variances. Staff feels the request is reasonable given the existing lot size (approximately 3,700 square feet) and the minimal lot depth (70-71 feet). The proposed house is only approximately 1, 300 square feet in area, with increased side setbacks (minimum 5 foot side setbacks required). The proposed house will have a 31 foot setback from the street curb of West Short 31 st Street. Staff believes the proposed single family residence with reduced front and rear setbacks will have no adverse impact on the adjacent properties or the general area. This type of new housing stock will have a positive impact on this area of the city. C. Staff Recommendation: Staff recommends approval of the requested setback variances, as filed. BOARD OF ADJUSTMENT: (SEPTEMBER 25, 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 4 ayes, 0 nays and 1 open position. 2 SEPTEMBER 25, 2006 ITEM NO.: 7 File No.: Z-8109 Owner: Patrick Webb Applicant: Patrick Webb Address: 1301 West Short 31 st Street Description: Part of Lot 4, Block 8, Bowman's Addition Zoned: R-3 Variance Requested: Variances are requested from the area provisions of Section 36-255 to allow a new residence with reduced setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-3 zoned property at 1301 West Short 31 st Street is currently an undeveloped lot. Some site work has been done on the property, in preparation for construction of a new single family residence. The property consists of only a portion of the original Lot 4, Block 8, Bowman's Addition. Some time ago the lot was split, with this ownership consisting of only the north 70 feet of the original lot. The applicant is proposing to construct a one-story single family home on the lot, as noted on the attached site plan. The house will be located 10.5 feet from the front (north) property line and 11.4 feet from the rear (south) property SEPTEMBER 25, 2006 ITEM NO.: 7 (CON'T.) line. The house will be over 11 feet from each of the side property lines. A one -car wide driveway will be located at the northwest corner of the lot. Section 36-255(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 36-255(d)(3) also requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances to allow the new residence with reduced front and rear setbacks. Staff is supportive of the requested variances. Staff feels the request is reasonable given the existing lot size (approximately 3,700 square feet) and the minimal lot depth (70-71 feet). The proposed house is only approximately 1, 300 square feet in area, with increased side setbacks (minimum 5 foot side setbacks required). The proposed house will have a 31 foot setback from the street curb of West Short 31St Street. Staff believes the proposed single family residence with reduced front and rear setbacks will have no adverse impact on the adjacent properties or the general area. This type of new housing stock will have a positive impact on this area of the city. C. Staff Recommendation: Staff recommends approval of the requested setback variances, as filed. BOARD OF ADJUSTMENT: (SEPTEMBER 25, 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 4 ayes, 0 nays and 1 open position. 2 SEPTEMBER 25, 2006 ITEM NO.: 8 File No.: Z-8110 Owner: J.M. D. Holdings Trust Applicant: Eugene P. Levy Address: 5400 Centerwood Road Description: Lot 95 and Part of Lot 96, Prospect Terrace No. II Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Sections 36-156 and 36-254, and the building line provisions of Section 31-12 to allow building additions (principal and accessory) with reduced setbacks and increased coverage and 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 Residence Proposed Use of Property: Single Family Residence STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 5400 Centerwood Road is occupied by a two-story brick and frame single family residence located within the west half of the property. There is a two-story brick and frame accessory garage structure at the northwest corner of the property. A one -car wide driveway from Centerwood Road is located at the southwest corner of the lot. The driveway runs along the west side of the residence to the existing garage structure. There is a 30 foot front platted building line on this R-2 zoned property. The SEPTEMBER 25, 2006 ITEM NO.: 8 (CON'T.) porch and steps on front of the existing residence cross the platted building line by approximately 8 feet. The applicant proposes to construct a one-story addition on the rear of the house and a two-story addition on the east side of the house, as noted on the attached site plan. The addition will be located 8 feet from the east side property line and 47 feet from the rear (north) property line. As part of the proposed construction, the existing front porch and steps will be removed, with a new covered porch and steps to be constructed with the new addition on the east side of the house. The new porch will cross the front platted building line by five (5) feet for a 25 foot front setback. The step portion will be located 21 feet back from the front property line (to the first step). There will also be a small uncovered, unenclosed stoop/step structure on the east side of the new addition for a side entry door. The stoop will be four (4) feet wide, with a four (4) foot side setback. The applicant is also proposing to construct a two-story addition to the existing accessory garage building. The addition will maintain the existing one (1) foot side (west) and two (2) foot rear (north) setbacks. With the addition, the accessory building will cover approximately 39 percent of the required rear yard (rear 25 feet of the lot). There will also be a covered porch and walkway on the rear of the residence leading to the accessory garage structure. 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 building line encroachments be reviewed and approved by the Board of Adjustment. Additionally, Section 36-254(d)(2) requires a minimum side setback of 8 feet. Section 36-156(a)(2)c. allows accessory structures to occupy a maximum of 30 percent of the required rear yard. This section also requires a 60 foot setback from a street fronting property line. Section 36- 156(a)(2)f. requires a minimum side setback of three (3) feet for accessory structures. Therefore, the applicant is requesting variances from these ordinance standards to allow the addition to the principal structure with reduced front and side setbacks (front steps and side stoop) and to cross a front platted building line, and the addition to the accessory garage structure to have reduced side and rear setbacks and increased rear yard coverage. The applicant has informed staff that garage doors are proposed on the north side of the accessory building. Garage doors exist on the south side of the structure. Given traffic concerns which have been raised in the past, regarding safety issues along "O" Street adjacent to the elementary school, staff does not support garage doors on the north side of the accessory building. The accessory building is located only two (2) feet from the north property line. There is not adequate space/site-distance for a vehicle to pull in or out of the garage to/from "O" Street without safety concerns. 2 SEPTEMBER 25, 2006( ITEM NO.: 8 (CON'T.) Staff is supportive of the requested variances. Staff feels the proposed additions will maintain the character of the neighborhood. Although several variances are requested, they are very minor in nature. Given the fact that the applicant has slightly over 1.5 platted lots, the overall massing of the structures will be compatible with most of the other lots in this neighborhood. There will be a large amount of yard space maintained. The front steps and the side stoop are the only portions of the principal building addition which do not conform to typical zoning ordinance setback criteria. The increase in size of the accessory building will not be out of character with other large accessory structures in the neighborhood. Staff believes the proposed building additions with reduced setbacks and slightly increased rear yard coverage 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 new porch/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 variances associated with the proposed building additions, 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 additions must be constructed to match the existing structures. 3. The front step structure must remain uncovered and unenclosed. 4. The front porch structure must remain unenclosed. 5. The side stoop/step structure must remain uncovered and unenclosed. 6. The covered walkway must remain unenclosed., 7. There are to be no garage doors on the north side of the accessory garage building. 3 SEPTEMBER 25, 2006( ITEM NO.: 8 (CON'T.) BOARD OF ADJUSTMENT: (SEPTEMBER 25, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. Staff noted that condition #7 would be eliminated from the "staff recommendation". Staff explained that Public Works had visited the site and determined that there would be no sight -distance problem with garage doors on the north side of the garage structure. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 open position. 4 CR LL AMUECTS ENGINEERS August 24, 2006 Mr. Monte Moore Zoning and Enforcement Administrator Department of Planning and Development City of Little Rock 723 West Markham Street Little Rock, AR, 72201 Re: Application for Zoning Variance 5400 Centerwood Road for J.M.D. Holding Trust A/E Project No. 2006-089 Dear Mr. Moore: We wish to apply to the Board of Adjustment for zoning variances to allow the construction of the following additions to the property at 5400 Centerwood Road, Little Rock, Arkansas: 1) Expand the existing garage building so that it will be large enough for owner's cars. 2) Construct a covered walk from the garage to the house. 3) Construct a covered front porch set back 25 feet from front property line and front steps set back 21 feet from front property line. 4) Construct stoop and steps in the east side yard setback area. Enclosed are six copies of a recent survey and plan showing proposed additions, a check in the amount of $85 for filing fee and sign, and an affidavit authorizing Eugene P. Levy as Agent for the Owner. The existing garage is so small that the owner's cars will not fit in it. The choice is to either raze it and build a new garage, or expand the existing building. The owner's preference is to expand the existing garage, thus maintaining the nice character of the structure. While the proposed garage covers 864 square feet of rear yard setback area, the back of the proposed house addition is located so that it leaves 1535 square feet of open yard between the house and the rear yard 25 foot setback line. This more than offsets the amount of open air space taken by the garage, (space that the ordinance allows to be built upon, which is left as open space). The Owner would like to have a covered walk from the garage to the house to allow dry passage in inclement weather. The proposed covered walk will connect to a back porch at the house. The covered walk itself is approximately 14 feet long by 7 feet wide. CROMWELL ARCHITECTS ENGINEERS. INC. 101 S. SPRING STREET UTILE ROCK, ARKANSAS 72201-2490 (.501) 372-2900 FAX (501) 372-0482 Mr. Monte Moore Zoning and Enforcement Administrator August 24, 2006 Page 2 A new covered front porch is proposed on the front of the house providing a new entrance into a new wing of the house. The new porch will replace an existing uncovered stoop porch. The new porch will be set back 25 feet from the front yard property line. Steps are proposed to extend from the new porch approximately 4 feet into the front yard setback area. The steps are required to provide for the change of grade. A small stoop and steps from a side door is requested in the east side yard setback. The stoop will be approximately 24 -inches above grade and uncovered. Landscaping will be installed to hide it from view. These proposed additions are compatible with the existing neighborhood, as several of the houses on this block have garages in the rear yard setback area, and front porches with steps in the front yard area. The house two doors down to the west has a similar arrangement featuring an enclosed covered walkway from a new rear yard garage to the house. It is very nice looking, and poses no problems to the neighborhood. We will provide notification of the hearing to the neighborhood property owners, and provide the Board with certified mailings. Thank you for your consideration of this request. Respectfully submitted, �= s Eugene P. Levy, FAIA Agent for the Owner, J.M.D. Holdings Trust EPL/dm SEPTEMBER 25, 2006 ITEM NO.: 9 File No.: Z-8111 Owner: Glenda Eddins Applicant: Glenda Eddins Address: 1413 S. Fillmore Street Description: Lot 21, Block 12, Oak Forest Addition Zoned: R-3 Variance Requested: A variance is requested from the area provisions of Section 36- 255 to allow a carport addition with a reduced side 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-3 zoned property at 1413 S. Fillmore Street is occupied by a one-story brick and frame single family residence. There is a one -car wide driveway from S. Fillmore Street at the northwest corner of the property. The driveway runs along the north side of the house. The residence is located 35 feet back from the front (west) property line. The applicant proposes to construct an 8 foot by 16 foot carport on the north side of the residence, covering a portion of the existing driveway. The carport structure will be unenclosed and constructed to match the existing residence. The carport roof will have a slight pitch to the front and back. The proposed SEPTEMBER 25, 2006( ITEM NO.: 9 (CON'T.) carport will be flush with the front of the house, with a side setback of 1.5 feet from the north side property line. The carport will have no roof overhang. Section 36-255(d)(2) of the City's Zoning Ordinance requires a minimum side setback of five(5) feet for this R-3 zoned lot. Therefore, the applicant is requesting a variance to allow the reduced side setback for the carport structure. Staff is supportive of the requested variance. Staff views the requested variance as a relatively minor issue. The fact that the carport structure will be unenclosed will lessen any possible visual impact on the adjacent property to the north. The house to the north is approximately six (6) feet back from the dividing side property line. Staff believes this separation (7.5 feet) from the proposed carport structure will be adequate. The requested 1.5 foot side setback should allow adequate space for the construction and maintenance of the carport structure. Staff feels the proposed carport structure 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 carport structure must be constructed to match the existing residence. 2. The carport structure must remain unenclosed on the north, east and west sides. BOARD OF ADJUSTMENT: (SEPTEMBER 25, 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 4 ayes, 0 nays and 1 open position. 2 -1 - August 17, 2006 J I City of Little Rock Department of Zoning and Subdivision J Little Rock, Arkansas 72201 Re: Request to City of Little Rock for variance to code Dear Sirs: I am requesting a code variance to add a "roof' or "carport" to the north side of the house, in order to provide a cover to drive my car under. I have no alley access in order to use the back yard for this purpose. My car is covered with acorn dents, and the back plastic window, cut from a falling tree branch, had to be replaced at considerable expense. In June I spent $625 for West Tree to clear back some of my oak tree growth, and remove rotten and overhanging limbs from my neighbor's tree. This will provide little relief from the buckets to barrels of acorns that fall and seem to target my car each year. I truly need some protection before I buy another vehicle, because it probably will have to last past retirement. The contractor I have chosen, Warren Jones, will make this carport an aesthetically pleasing fit with the house. I plan to use powder coated metal for the roof top, identical in color to the house, which actually will not be seen from the street, since the street is on a much lower grade than the yard and thus the height of the planned carport. There will be soffit and fascia work around the cover so as to tie it appearance -wise to the house. All wood material will be painted a "clay" color, the same as the paint covering the brick. Gutter work will match the clay colored Weather -Tight gutters on the rest of the house. This structure will not be unattractively slanted to one side from the house, but instead will slope slightly from center of structure to front and center to back. There will be a slight rise at the center front with a row or two of painted cedar shingles, to echo the shingled eave on the south side of the house. Alongside the house, my driveway is 7.5' wide, and there is an additional 2.5' of open ground to the property line between the house on the north and my house. The proposed structure width will be 8.4'. It will be supported on the north side by two 6x6 timbers set in concrete, and by a ledger board attached to the house fascia on the south side (the north wall of the house.) The roof will not have an overhang, and the new fascia will be flush with the 6x6 post. No part of the structure from roof straight down to outside edge of post will extend further than 8.4' from the house fascia, leaving a full 1.5' setback between the shared property line and the outer edge of the proposed structure. The length of the proposed structure will be 16.4' (from the front edge of the brick house, to the privacy fence gate.) -2 - The carport will be attached just under the existing roofline, at an uppermost height of 10' 10" sloping from the center slightly towards both the front and back of the house. The fascia around the proposed structure will be 10 5/8" wide (same as the existing fascia board on the house.) Exhibit A photos show some results of the work I have done on this house and yard, and hopefully will be convincing evidence that I will make this structure attractive and in fitting with the house, and it will be an enhancement to the neighborhood. Exhibit B photos show properties within 6 blocks of my address that do not appear to conform to several codes. Note metal stand alone car covers, and a second story deck that almost abuts the neighboring property line on a 2 story house that has been converted to apartment use. Exhibit C photos show properties within 6 blocks of my address that have been let to deteriorate. Exhibit D is a copy of a survey dated August 7, 2006, on which I have drawn the location and measurements of the proposed structure. Exhibit E photo shows front view of area where (at the height of the north fascia board) the carport will be attached, and a hand drawn rendering of same. Included with my package are the signatures of neighbors within 200 feet north, south, east and west of my residence at 1413 South Fillmore St. Also included is a letter of support from Mr. Joe Busby, President, Fair Park Neighborhood Association. This is to respectfully request your consideration and approval for the stated work to be done. Sincerely, Glenda Eddins 1413 South Fillmore Street Little Rock AR 72204-2626 Phone 664-7881 Email gjeddins p,comcast.net SEPTEMBER 25, 2006 ITEM NO.: 10 File No.: Z-8112 Owner: Gardner Custom Homes, Inc. Applicant: Steve Gardner Address: 105 Fountain Avenue Description: Lot 2, Block 2, Young's Park Addition Zoned: R-3 Variance Requested: Variances are requested from the area provisions of Section 36-156 to allow a carport with reduced side setbacks and increased coverage. 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-3 zoned property at 105 Fountain Avenue is occupied by a two-story frame single family residence which was recently constructed. The lot narrows from a width of 80 feet along the front property line to a width of 18.5 feet at the rear property line. There is an alley right-of-way along the rear property line. There is a two -car wide driveway from the alley to a concrete parking pad at the rear of the lot. The applicant is proposing to construct an 18 foot by 18 foot carport to cover the existing parking pad, as noted on the attached site plan. The carport will be unenclosed and constructed to match the existing principal structure. The SEPTEMBER 25, 2006( ITEM NO.: 10 (CON'T.) proposed carport will be located 1.5 to 4 feet from the side property lines and approximately two (2) feet from the rear property line. The carport will cover approximately 42 percent of the required rear yard (rear 25 feet of the lot). Section 36-156(a)(2)c. of the City's Zoning Ordinance allows a maximum rear yard coverage of 30 percent for accessory buildings in residential zones. Section 36-156(a)(2)f. requires minimum side setbacks of three (3) feet. Therefore, the applicant is requesting variances to allow the carport structure with increased rear yard coverage and decreased side setbacks. Staff is supportive of the requested variances. Staff's support is based primarily on the unusual shape of the lot, with the lot width being reduced to 18.5 feet at the rear property line. It would be impossible to construct an accessory building of much size within the rear 25 feet of the lot given the narrowness of the lot. Additionally, the proposed carport structure will not be out of character with other garage type structures located along this circular alley right-of-way. Staff believes the proposed carport structure with reduced side setbacks and increased rear yard coverage will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested setback and coverage variances, subject to the following conditions: 1. The carport structure must be constructed to match the existing principal structure. 2. The carport structure must remain unenclosed on all sides. BOARD OF ADJUSTMENT: (SEPTEMBER 25, 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 4 ayes, 0 nays and 1 open position. 2 Gardner Custom Homes, Inc 705 Beechwood St Little Rock, AR 72205 August 25, 2006 City of Little Rock Zoning and Planning Commission Re: 105 Fountain Ave. To whom it may concern, This letter is to request a variance in order to construct an 18'x18' open carport on an existing parking pad at the rear of the property at 105 Fountain Ave. The variance is necessary due to the shape of the lot and the amount of coverage within the rear 25' setback from the rear property line. The carport is to be constructed in a manner to mirror the current look of the home with an 8' ceiling height and 6/12 pitch gabled roof. Sincerely, Steve Gardner President — Gardner Custom Homes, Inc. SEPTEMBER 25, 2006 ITEM NO.: 11 File No.: Z-8113 Owner: Timothy and Margaret Farrell Applicant: Timothy and Margaret Farrell Address: 2501 N. Fillmore Street Description: Lot 4R, Farrell -Smith Subdivision Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 to allow building additions with reduced setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 2501 N. Fillmore Street is located at the northeast corner of N. Fillmore Street and "W" Street. The property is occupied by a two- story frame single family residence. There is a two -car wide driveway from "W" Street which serves a garage at the southeast corner of the house. There is a small wood porch with steps on the south side of the house for a side entry door. The applicant is proposing to make three (3) additions to the existing house. The first is a 6 foot by 14 foot storage addition (one story) to the east side of the garage. The addition will be located 24 feet from the rear (east) property line and 12 feet from the side (south) property line. The second addition is a covered porch and steps addition on the south side of the house to replace the SEPTEMBER 25, 2006( ITEM NO.: 11 (CON'T.) existing wood porch structure. The new porch will have a masonry foundation and be constructed in approximately the same location as the existing wood porch. The new porch and steps will have a side (south) setback of approximately five (5) feet. The third addition is a two-story addition on the rear of the main residential structure for additional living space. This addition complies with ordinance standards. The additions as proposed are noted on the attached site plan. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of 7.5 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 a variance for a reduced side setback for the new side porch structure and a variance for a reduced rear setback for the storage addition. Staff is supportive of the variances. Staff views the requested variances as very minimal issues. The new side porch structure will be constructed to replace an older porch which has a similar side setback from the south property line. The proposed storage addition encroaches only one (1) foot into the required 25 foot rear setback. If this were the only variance, Staff could have approved it administratively (less than 10 percent encroachment). Staff believes the requested variances are reasonable and will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendat Staff recommends approval of the requested setback variances, subject to the following conditions: 1. The building additions must be constructed to match the existing house. 2. The porch structure must remain unenclosed on the south, east and west sides. BOARD OF ADJUSTMENT: (SEPTEMBER 25, 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 4 ayes, 0 nays and 1 open position. N Mr. Monte Moore t I' Department of Planning and Development 723 W. Markham _ �� Little Rock, AR 72201 Re: Zoning Variance Application Farrell Residence, 2501 N. Fillmore Dear Monte, We are requesting a zoning variance at our residence, 2501 N. Fillmore, to allow an encroachment of 1 1/2 feet into the rear setback to add a storage shed onto the existing garage. Additionally, we would like to cover the existing side porch. We feel that these additions would be in keeping with the style of other houses in the neighborhood. I have lived on this street most of my life, so maintaining the character, charm and scale of the houses concerns me greatly. When we built our house 12 years ago, we set the front of the house back approximately 40 feet from the street to match the setback of the other houses. We have since encouraged other new homeowners to do the same — and they have. Because of this and in order to make the shed an efficient, useful space, we need to extend beyond the usual building setback. There are many structures within this setback now. Ours would blend well with the current architectural context. The arbor -like roof over the existing porch (south side of house) would project approximately 2 feet past the building line. Apparently, the porch was allowed to extend into the side setback previously. The current landscaping would be maintained. It is our opinion that this plan only enhances the streetscape and overall architectural appeal of the house and neighborhood. Thank you for your consideration. Sincerely, r� Margaret R. Farrell (Mrs. Tim) SEPTEMBER 25, 2006 ITEM NO.: 12 File No.: Z-8114 Owner: William and Betty Hubbard Applicant: William and Betty Hubbard Address: 1821 N. Jackson Street Description: Lot 45, Shadowlawn 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 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: No Comments B. Staff Analysis: The R-2 zoned property at 1821 N. Jackson Street is occupied by a one-story brick, frame and stucco single family residence. There is a one -car wide driveway from Jackson Street at the southwest corner of the property. The driveway runs along the south side of the house to a detached one-story garage at the southeast corner of the property. The applicant is proposing to make a one-story addition to the rear (east) of the residence, as noted on the attached site plan. The proposed addition will connect the residence to the garage by way of heated/cooled living space. With the connection, the garage becomes part of the principal structure. The SEPTEMBER 25, 2006( ITEM NO.: 12 (CON'T.) footprint of the garage structure will not change. It will maintain the existing 5.4 foot setback from the side (south) property line and 5.7 foot setback from the rear (east) property line. The applicant is also proposing to alter the roofline of the garage structure to create additional living space above the garage. The overall height (ground to peak) of the garage structure will not be increased. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow a reduced rear setback for the proposed addition. The variance is needed as the garage structure becomes part of the principal structure by way of the heated/cooled addition/connection. Staff is supportive of the requested variance. Staff views the request as reasonable. The footprint of the garage structure will not change as a result of the proposed addition. If the garage structure were not present, the proposed addition to the rear of the house would require no variances. Additionally, the change in the garage roof to create additional living space above the garage will result in no change to the overall building height (ground to peak). Staff believes the proposed additions are very minimal in nature and will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested setback variance, as filed. BOARD OF ADJUSTMENT: (SEPTEMBER 25, 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 4 ayes, 0 nays and 1 open position. 2 William and Betty Hubbard 1821 North Jackson Street Little Rock, AR 72207 August 10, 2006 Department of Planning and Development Board of Adjustment City of Little Rock, Arkansas To Whom It May Concern: We are requesting approval of a variance to the Little Rock Code of Ordinances as described in the attached application. The subject property is our own single-family residence located at 1821 North Jackson Street The house was originally constructed during the 1930's. The home has only two bedrooms, one of which is small and located in the finished attic. Our proposed project includes adding a family room, a utility room and a second story to the garage that will function as an additional bedroom. The proposed design will utilize the new utility room to allow passage to and from the new garage bedroom without having to exit and reenter the residence. It is our understanding that connecting the primary structure to the garage via the new utility room will cause the garage to become part of the primary structure and then be in conflict with the ordinance that requires a twenty-five (25) feet setback of the primary structure from the rear property line. The garage setback is currently 5.7 feet. Our purpose for using the garage for the desired bedroom space is to avoid having to add additional mass to the original house by adding a second story to the residence. We believe that adding a second story to the primary structure would detract from the structural appeal of the original "bungalovV' design of the house. We have observed similar style homes in our neighborhood that have added a second story that, in our opinion, look like a "big house on top of a small house". These homes look as if there are two separate designs that have been forced together into one. The proposed project will not substantially alter the current appearance of the home as seen from the street or from the sides. The proposed design of the garage second story will have a roof with a dormer window facing the access street (North Jackson) with the needed bedroom space provided by a "shed roof" design of the rear of the garage second story. The result of this design is that the residence with the remodeled garage and new utility room will retain essentially the same appearance as it does now. We respectfully request your approval of this variance. Sincerely, William A. and Betty M. Hubbard I O U W W O z W C U U- O 0 ryQ 0 m OR I S_ CCD G W Z W D LIJ W Z QZ 0 0 z -jF-- Z< Z Q CO W Z (5 Z (�O Co Z O n W Z Q � fY U) Z m J Z W LL m = �: O OR I S_ CCD G W Z W September 25, 2006 There being no further business before the Board, the meeting was adjourned at 2:35 p.m. '0�3LDate: 91i9b Chairman 3 i Secretary.