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boa_09 24 2007LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES SEPTEMBER 24, 2007 2:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being five (5) in number. II. Approval of the Minutes of the Previous Meetings The Minutes of the August 27, 2007 meeting were approved as mailed by unanimous vote. III. Members Present: Members Absent: City Attorney Present Andrew Francis, Chairman Terry Burruss, Vice Chairman James Van Dover David Wilbourn Robert Winchester None Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA SEPTEMBER 24, 2007 2:00 P.M. OLD BUSINESS: ITEM NO.: FILE NO.: LOCATION: A. Z-8251 17 Hickory Hills Circle NEW BUSINESS: 1. Z-8257 5701 Kavanuagh Blvd. 2. Z-8265 505 Pleasant Valley Drive 3. Z-8266 8 Woodridge Drive CD 0 0 _ N • _ � – 3NId 831ZV83 M 11ntl81H1 U) c �yJ W d�0 M WW i NtlW830 AVMOtl08OaB NpINp HOaV 31S3H0 W ONIa lW – 63H3a0 M0a000M – 3NId 133d`S 3NId z o Hpbd n atl0 0 NO1lIYYV 1100S N N �i A11sa3AIN Na d altl3�- A11S83AINn YrJ Q 3HOnH SONI8dS 83,30 o Iddlss SIW 5 �`zq se 1001H0 810na3S3a Y M088VO NHor 3 V 3AN13H —�� 0a033»IovHs S slaays o o"� OHM A3NOOa s – ¢ NVW 00 – a �^ yo^ i ~ o 511W11 – HJbpp3p�fS o � 0011 3 8 ANA OR0\j 0 o� o Q VV�`a O�YS'lPA' ~O� NVAmns 70 18VM31S 'Yfdby, _L __ T 4— O s! IWl A110=`S� o 3'pin0 co 31VGNa31 0 SEPTEMBER 24, 2007 ITEM NO.: A File No.: Z-8251 Owner: Donald M. and Gerry Nell Spears Revocable Trust Applicant: Lisa R. Taylor Address: 17 Hickory Hills Circle Description: Lot 8, Hickory Hills Addition Zoned: R-2 Variance Requested: A variance is requested from the fence/wall provisions of Section 36-516 to allow a wall which exceeds the maximum height allowed. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 17 Hickory Hills Circle is occupied by a two-story frame single family residence. There is a circular driveway from Hickory Hills Circle which serves as access. The property slopes upward from front to back (north to south). There is about 25 feet of rise from the front property line to the front of the house. The applicant is in the process of refurbishing the landscaped areas between the residential structure and the street. The project includes refacing and capping existing brick walls in front of the house and in the west side yard. As part of the construction, a new masonry wall was built, extending from the east wall of the house to the east side property line. The wall is approximately eight (8) feet high at its connection to the house. As it runs east to the east side property line, the height increases to approximately 14 to 16 feet. The wall turns and runs for only a few feet southward along the east property line. SEPTEMBER 24, 2007 ITEM NO.: A (CON'T.) Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence/wall height of four (4) feet for fences/walls located between building setback and a street right-of-way. Other fences/walls can be constructed to a height of six (6) feet. Fences/walls which meet all principal setback requirements can be constructed to the height allowed in the base zoning (35 feet in R-2 zoning). Therefore, the applicant is requesting a variance to allow only the eight (8) foot long section of fence extending from the east property line toward the house. Staff is supportive of the requested variance. Staff views the request as reasonable, given the fact that only an eight (8) foot long section of the fence requires a height variance. Additionally, this section of the wall is not that visible from the street. The wall is located over 90 feet back from the front property line and there is a small stand of trees between the wall and street. Additionally, the residence immediately to the east is located 50 plus feet back from the common side property line. Staff believes the proposed fence will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested wall height variance, subject to a building permit being obtained for the wall construction. BOARD OF ADJUSTMENT: (AUGUST 27, 2007) Staff informed the Board that the applicant failed to complete the required notification of surrounding property owners. Staff recommended the application be deferred to the September 24, 2007 Agenda. The item was placed on the Consent Agenda and deferred to the September 24, 2007 Agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (SEPTEMBER 24, 2007) Staff informed the Board that the applicant failed to complete the required notification of surrounding property owners. Staff recommended the application be deferred to the October 29, 2007 Agenda. The item was plalced on the Consent Agenda and deferred to the October 29, 2007 Agenda by a vote of 5 ayes and 0 nays. 322 North Market Street Benton, AR 72015 Tel (501) 315 0786 Fax (501) 315 0700 www.hopeengineers.com July 10, 2007 City of Little Rock Department of Planning & Development 723 West Markham Little Rock, AR 72201 Re: Application for a Residential Zoning Variance at 17 Hickory Hills Circle To Whoin It May Concern: This letter is to detail the circumstances for our request for a Residential Zoning' Variance concerning the location and height of a screen wall constructed at 17 Hickory Hills Circle located in the Hickory Hills Subdivision in the city of Little Rock. The screen wail is constructed of a concrete block core with a standard buck and rock veneer. The said structure was originally designed as an attachment to an existing structure in which the 6 feet height regulation did not apply. However, during actual construction, there was some miscommunication concerning where the wall was to be stopped. The wall now extends to within 6 inched of the property line crossing the City of Little Rock's minimum setback requirement of 8 feet from the side property lines. Additionally, the subject property slopes with approximately 7 feet of drop in elevation from the location of the beginning of the wall where it attaches to the existing house and the end of the wall near the property line. This drop in ground elevation causes the wall to be 7 feet higher at the and in order to maintain a level line across the top. The result is the overall height of the wall at the end is 16 feet. Therefore, we are requesting a variance to the height limitation also. Sincere , Lasa R. Taylor ZOO/ZOO [A XVd VT:60 0a& LOOZ/8T/LO JOHN K. GIVENS J� ,2z-YZ-5 i �` August 24, 2007 Mr. Monty Moore Department of Planning and Development City of Little Rock 723 West Markham Little Rock, AR 72201 Subject: Violation of Zoning; Donald Spears 17 Hickory Hills Circle Dear Mr. Moore: I understand that the Planning Commission will hold a hearing on August 27, 2007 regarding the stone wall built to the Property line on the east side of Donald Spear's property at 17 Hickory Hills Circle. This letter is to register a complaint regarding Mr. Spear's stone wall. I reside at 15 Hickory Hills Circle, next door to the Spears. The stone structure built by Mr. Spears is unsightly and significantly exceeds the height limitations for walls and fences at or near property lines. The attached photographs depict the stone structure, which is immediately adjacent to, if not encroaching upon the Iine between our two properties. I request that the Planning Commission order Mr. Spears to comply with the limitations imposed by the Planning and Development Department and remove and/or reconstruct his wall to be in compliance. 15 HICKORY HILLS CIRCLE • LTTTLE ROCK, ARKANSAS • 72212-2766 PHONE: (501) 228-22229 • FAX: (501) 225-8763 E-MAIL: JG82140@AOL.COM Kn 0 �L i K✓ -tom '` c 'e �,.: z- i t r �.:M -L: E �d a ,d= ZA {7f A oil H V� k Re QW j,'a mss.§ `rfo' 4, —"Most AM 4 F 1 83�h� .,'�cm,..rall s LO � c _ sy y zx t :fit 4•''� r* d'' r.. �. R. R r ,% S w Bfi ' S 'g SEPTEMBER 24, 2007 ITEM NO.: File No.: Z-8257 Owner/Applicant: Ellen Golden Address: 5701 Kavanaugh Blvd. Description: Lots 1 and 2, Block 6, Mountain Park Addition Zoned: C-3 Variance Requested: Variances are requested from the area provisions of Section 36- 301, the parking provisions of Section 36-502 and the use of right-of-way provisions of Section 36-505 to allow building additions with reduced setbacks, reduced number of parking spaces and parking that backs into the right-of-way. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Antique Shop, Florist and Beauty Shop Proposed Use of Property: Branch Bank, Antique Shop and Florist STAFF REPORT A. Public Works Issues: 1. Per Sec. 32-311, it is unlawful for any person to park, stand or stop a vehicle in any alley except for commercial purposes and then only for such time as necessary to load and unload the vehicle. Commercial vehicles parked in an alley for loading and unloading shall be clearly identified with permanent signage on the exterior of the vehicle indicating the name and address of the business. Under no circumstances shall a vehicle be parked or stopped in an alley in such a manner as to have less than 10 ft of available roadway width for the free movement of vehicular traffic, or to block the driveways of abutting properties. Therefore, the proposed drive- thru will cause bank customers' vehicles to stop and stack in the public alley to wait service and block the driveway to the west. Public works does not recommend approval of the proposed drive-thru. 2. Even though head -in parking is located to the north of the proposed location and vehicles park in the right-of-way at that location, head in parking in the right-of-way and backing out onto public streets is prohibited from commercial developments. It is unknown when the existing parking to the north was installed. This type of parking and maneuvering of SEPTEMBER 24, 2007 ITEM NO.: 1 (CON'T.) vehicles creates unsafe conditions for motorists and pedestrians. Public Works does not recommend approval of the head -in parking. B. Staff Analysis: The C-3 zoned property at 5701 Kavanuagh Blvd. is occupied by two (2) commercial buildings which occupy almost the entirety of the lot. The property is located at the southwest corner of Kavanuagh Blvd. and N. Fillmore Street. The larger of the two buildings is located within the north portion of the property. The south portion of this building is two (2) stories in height, with the north portion being one (1) story with a curved metal roof. There is a smaller one-story building within the south portion of the lot which is separated by less than one (1) foot from the larger building. There is a small porch area located on the east side of the larger building, with head -in parking from N. Fillmore Street adjacent to the porch area. There is additional on -street parking located along both sides of N. Fillmore Street as well as Kavanaugh Blvd. There is also a 20 foot alley right-of-way along the south property line. The applicant proposes to construct a second floor addition (approximately 1,200 square feet) to the southernmost building and connect it to the existing second story portion of the northern building. The applicant also proposes to construct a shed dormer to cantilever over the existing porch area on the east side of the north building. The east vertical wall will line up with the existing eastern walls of the existing structure. This addition will add 788 square feet of upstairs storage for the existing antique store. Additional head -in parking from Fillmore Street is also proposed adjacent to the south building. A drive-thru window for a branch bank is proposed on the south wall of the south building, accessed from the alley. New curbing is proposed along the alley to direct traffic to the drive-thru window. All of the proposed improvements are shown on an attached site plan. The applicant is requesting four (4) variances with the proposed development plan for the property. The first variance is from Section 36-301(e)(2) of the City's Zoning Ordinance. This section requires a minimum street side setback of 25 feet. The applicant is proposing to maintain the existing zero (0) street side setback for the shed dormer addition and 4.5 foot setback for the second story addition to the south building. The second variance is from Section 36-301(e)(3), which requires a minimum rear setback of 25 feet. The applicant is proposing to maintain the existing 8.5 foot rear setback for the second floor addition to the south building. The next variance is from Sections 36-502(b)(2)g/(b)(3)a. which requires an additional five (5) off-street parking spaces for the additional building area as noted previously. The applicant is proposing no new off-street parking, as there is no room on the site to provide off-street parking. The applicant is proposing four (4) new head -in parking spaces within the Fillmore Street right- of-way, adjacent to the south building. SEPTEMBER 24, 2007 ( ITEM NO.: 1 (CON'T.) The final variance is from Section 36-505. This section states that no portion of any public street right-of-way shall be considered as fulfilling or partially fulfilling the off-street parking requirements of the code. This section further allows "no parking bays" in the right-of-way except for residential streets. As noted earlier, the applicant is proposing four (4) new head -in parking spaces within the Fillmore Street right-of-way, adjacent to the south building. Staff does not support the requested variances. Although staff does not necessarily oppose the requested setback variances, the Public Works staff does not support the addition of a drive-thru window with utilization of the alley right-of-way and the head -in parking from Fillmore Street. Staff believes the drive-thru window will create unsafe vehicular maneuvering within the alley right-of-way and potentially block the parking behind the building(s) immediately to the west. Additionally, Fillmore Street is a fairly busy commercial street with parking on both sides. Staff believes additional parking backing out into the right-of-way will create an unsafe situation. Staff believes the project, as proposed, will have an adverse impact on the adjacent properties and rights-of-way. C. Staff Recommendation: Staff recommends denial of the requested variances. BOARD OF ADJUSTMENT: (SEPTEMBER 24, 2007) The applicant was present. There were no objectors present. Staff presented the item, noting that the application had been revised by the applicant. Staff explained that the applicant had eliminated the additional head -in parking from Fillmore Street and the drive-thru window (south side of south building) from the proposed site plan. Staff recommended approval of the revised application (setback and parking variances), subject to the following conditions: 1. The dormer addition to the north building is to be used as storage space only. 2. No portion of either building (with additions) will be utilized as a restaurant use. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as revised and recommended by staff by a vote of 5 ayes and 0 nays. y� •� L /: iu5tBANKItcom to August 10, 2007 Mr. Dana Camey Zoning and Subdivision Manager City of Little Rock 723 West Markham, first floor Little Rock, Arkansas 72201-1334 www.justbankit.com info@justbankit.com Re: Variance Application for Lots 1 and 2, Block 6, Mtn. Park Add'n, Little Rock, Ar Dear Mr. Camey: Pursuant to our visits, we respectfully submit, on behalf of the property owner, Ellen Golden, Direct Importer of French Antiques, LLC and Allied Bank, as proposed lessee of the new space, a request for set back and parking variances to the Little Rock city codes for the referenced property as shown on the enclosed Brooks Engineering, Inc. survey dated June 29, 2007. Our proposal envisions the addition of an additional approximate 2,040 square feet of heated and cooled space (all of which will be at the 2nd floor level) as follows: 1. Second floor addition to the existing building at the rear of the property known as 1916 North Fillmore — this new space will be connected to the existing 2 story space immediately north of the new space; all of which will be leased to Allied Bank for offices and storage space. A drive-thru window will be added at the rear of the building and accessed via the 20' wide alley adjacent. The new space will not exceed current set backs in place for the existing structure 2. Shed dormer addition to the existing metal roof on the east side of the existing metal roof of the front building known as 5701 Kavanaugh Blvd. It will cantilever over the existing porch below and add approximately 788 square feet for us as storage space for the property owner's antique store below. Its eastern vertical wall will line up with existing eastern walls of the current structure. We respectfully request to maintain (as well as expand slightly) current straight in parking along the eastern side of the property to maximize parking availability. Landscaping and curbing will enhance traffic safety needs and direct flows for ingress and egress to the drive dim window. Approval of this request will allow us to pursue a virtual total renovation of this property and bring it up to current code requirements within existing setback conditions and minimal exceptions to parking requirements; something traditionally allowed in this "walking" commercial district of Little Rock. Thank you for your kind consideration of our request. Ellen Golden, DIFA, LLC Allied Bank Manager CEO ',i1(}l ii Buren : i!e R c c 311 Main Street 112 Pointer Trail West 1022 West Capitol Ave P.O. Drawer A 72947 72956 72201 479.997.1154 479.47430773 501.707.1154 Fox.479.997.1161 Fox.479.474.1168 Fax.501.707.1161 A .71 115 Hwy 71 North SINCE i 902 PO Box 2107 72921 479.632.2265 i 0bic Fax.479.632.2264 07C I 1k 111 North 2nd St PO Box 527 72949 479.667.2002 Fax.479.667.2902 ;i n -tie U 101 South Sebascott PO Box 387 72944 479.928.4418 Fox.479.928.5149 SEPTEMBER 24, 2007 ITEM NO.: 2 File No.: Z-8265 Owner: Robert and Julianne Brown Applicant: Robert Brown Address: 505 Pleasant Valley Drive Description: Lot 40, Fawnwood Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36- 254 and the building line provisions of Section 31-12 to allow a building addition with reduced front setback and which crosses a front platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 505 Pleasant Valley Drive is occupied by a one- story brick and frame single family residence. The property is located at the southeast corner of Pleasant Valley Drive and Woodstock Court. There is a two -car wide driveway from Woodstock Court which serves as access. There is a 48 foot wide utility/drainage easement which runs along the east side property line. There is also a 25 foot platted building line along each street frontage. The applicant proposes to construct a room addition at the southwest corner of the residence, as noted on the attached site plan. The addition will be approximately 30 feet by 33 feet in size, and will include a new master bed and bath. The proposed addition will cross the 25 foot front platted building line by SEPTEMBER 24, 2007 ( ITEM NO.: 2 (CON'T.) approximately six (6) feet at its northwest corner and one (1) foot at the southwest corner. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for R-2 zoned lots. Section 31-12(c ) of the Subdivision Ordinance requires that encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the new residential addition with a reduced front setback and encroachment across a platted building line. Staff is supportive of the requested variances. Staff views the request as reasonable. The 48 foot easement which runs within the east portion of the property greatly limits the area available for a building addition. The applicants have chosen the location of the proposed building addition based on the existing door and window locations on the back wall of the house. Additionally, the slight curvature in the Woodstock Court right-of-way along the front property line will lessen any visual impact the slight encroachment might have on the adjacent properties to the south along Woodstock Court. Staff believes the proposed addition will have no adverse impact on the adjacent properties or the neighborhood. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the residential addition. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested variances, 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 addition must be constructed to match the existing residence. BOARD OF ADJUSTMENT: (SEPTEMBER 24, 2007) 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 5 ayes and 0 nays. August 24, 2007 , 2- 2- City - 2 -City of Little Rock Department of Planning & Development Board of Adjustment 723 West Markham Little Rock, AR 72201 Gentlemen: Attached you will find an application for a residential zoning variance at 505 Pleasant Valley Drive in Little Rock, Arkansas. Specifically we are requesting the Board's approval to build an addition to our existing home in the Fawnwood addition at the corner of Pleasant Valley Drive and Woodstock. The proposed addition would add a master bedroom, walk-in closet and bath running 23 feet east to west and 33 feet north to south. This additionvoa§ ld encroach on the existing building line. This would create an encroachment of feet the maximum on the northwest corner declining to 1 Y2 feet at the southwest corner. The building line curves in relationship with Woodstock, which also curves. The entire eastern side of our property is a 48 -foot utility easement, which restricts adding a permanent structure to that site. Attached you will find the required documentation including a survey of the proposed addition. We will be present at the Board's meeting on September 24 prepared to answer any questions you may have. We will appreciate your favorable consideration. Sincerely, Bob & Julie Brown SEPTEMBER 24, 2007 ITEM NO.: 3 File No.: Z-8266 Owner: Ben Sims Applicant: Eric Childress Address: 8 Woodridge Drive Description: Lot 69, Woodridge Estates Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36- 254 and the building line provisions of Section 31-12 to allow a new residence with reduced front setback and which crosses a front platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 8 Woodridge Drive is occupied by a one-story brick and frame single family residence which was recently constructed. There is a two -car wide driveway from Woodridge Drive which serves as access. The property is located on the west side of Woodridge Drive, south of David O. Dodd Road. There is a 25 foot front platted building line running along the Woodridge Drive frontage. When the house was constructed, an apparent mistake was made in laying out the home's foundation. The mistake resulted in the garage portion (northeast corner) of the residence crossing the front platted building line by one (1) foot. The other front portion (southeast corner) of the structure crosses the platted building line by approximately six (6) inches. This results in a front setback ranging from 24 to 24.5 feet. AUGUST 27, 2007 ITEM NO.: 3 (CON'T.) Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for R-2 zoned lots. Section 31-12(c ) of the Subdivision Ordinance requires that encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the new residential structure with a reduced front setback and encroachment across a platted building line. Staff is supportive of the requested variance. Staff views the front encroachment as being a very minor issue. A mistake was made in laying out the house which caused the minor encroachment. Only approximately 30 square feet of the residence extends across the platted building line and into the minimum front setback. Woodridge Drive curves to the west immediately south of this lot, with the house to the south being at an approximate 45 degree angle with the front of the house in question. Therefore, there is no appearance of the residences being out of alignment. The lots immediately to the north are currently undeveloped. Staff believes the residence, as constructed, 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 residential structure. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested setback and building line variances, associated with the new residential structure, subject to completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. BOARD OF ADJUSTMENT: (SEPTEMBER 24, 2007) 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 5 ayes and 0 nays. Childress & Son Construction 485 JoLynn Road Bauxite, Arkansas 72011 Phone: 501-602-5675 Fax: 501-557-5117 Zoning variance #8 Woodridge TO: Zoning Board FROM: Eric Childress DATE: August 13, 2007 Z-- X2-6 I built the house located on #8 Woodridge Dr. The house, upon receiving the final survey on the property was shown to be over the front setback of 25' by about 8". I have sold the house and am acting on behalf of the owners. I take pride in building homes that not only meet all building codes but also exceed the expectations of the buyer. I realize this is a serious infraction that I regret happened but, nonetheless hope my request for a zoning variance can be granted. Thank you, Eric Childress 0 NO i� 7 w z w LL U uiW s .. i .. OO 4 1 i 4 4 u ,i..F. �:. .. O O m O LU W > ... C� O Q 0 � NO i� 7 w z w O LU W > O � } � . Q m m ❑ ¢,`�-Cow w � w w�C)>w"� C6 U) Op W m z ¢ D Z 0 m = Z W LL m > m —t U Z NO i� 7 w z w O LU W > O > m ❑ z ¢ w � w Q C6 U) > W W Z ¢ Z m —t U Z LL m > NO i� 7 w z w September 24, 2007 There being no further business before the Board, the meeting was adjourned at 2:06 p.m. Date: 10 //Z -l/ d-� Chairman