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
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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
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September 25, 2006
There being no further business before the Board, the meeting was adjourned at 2:35 p.m.
'0�3LDate: 91i9b
Chairman
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