boa_02 23 2004LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
FEBRUARY 23, 2004
2:00 P.M.
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 January 26, 2004 meeting were
approved as mailed by unanimous vote.
III. Members Present: Fred Gray, Chairman
Andrew Francis, Vice Chairman
Terry Burruss
Scott Richburg
William Ruck
Members Absent: None
City Attorney Present: Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
FEBRUARY 23, 2004
2:00 P.M.
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1.
Z -4142-A
718 Broadway Street
2.
Z -5640-A
1202 Business Park Drive
3.
Z -5857-A
2900 Crouchwood Road
4.
Z -7384-B
4923 Stonewall Road
5.
Z -7494-A
221 Ridgeway Drive
6.
Z-7574
5019 Woodlawn Drive
7.
Z-7575
1619 N. Tyler Street
8.
Z-7576
45 Wellington Colony Drive
9.
Z-7577
33 Chenal Circle
10.
Z-7578
32 River Ridge Circle
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February 23, 2004
ITEM NO.: 1
File No.:
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
Z -4142-A
Tire Centers, Inc.
718 Broadway Street
Lots 5-8, Block 114,
Original City of Little Rock
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Variances are requested from the Urban
Use development standards of Section
36-342.1 associated with development
of a branch bank facility.
The applicant's justification is presented
in an attached letter.
Vacant Commercial Buildings
Branch Bank with drive through service
1. With the building permit, 20 feet radial dedications of right-of-way will
be required at street intersections. Improvements to corner curb radii
may be required.
2. Repair or replace any curb, gutter, sidewalks, and ramps.
3. Curb cut locations are acceptable to Traffic Engineering. Detailed plan
approval and barricade permits will be required prior to the start of
construction.
B. Landscape and Buffer Issues:
Compliance with the City's Landscape and Buffer Ordinances is required.
Six (6) percent of the interior of the vehicular use area must be
landscaped with interior landscaping island(s). Removal of the proposed
February 23, 2004
ITEM NO.: 1 (C
sidewalk from the landscaped island north of the proposed northwestern
parking space will suffice.
A small amount of landscaping between the public parking area and
building will be required. There is considerable flexibility with this
requirement.
These requirements take into account the reductions allowed within the
designated mature area of the city.
C. Staff Analysis:
The UU zoned property at 718 Broadway Street is occupied by two (2)
vacant one-story commercial buildings. The property has most recently
been used as a tire shop. There is a 20 -foot platted alley which runs
north -south through the property, and is used for access. There are
additional access drives from Broadway Street, West 8t" Street and Arch
Street.
The applicant, Twin City Bank, proposes to remove the existing
commercial buildings and construct a branch bank building near the
center of the property. A drive-through is proposed on the west side of
the building, with parking between the building and Broadway Street.
Four (4� access drives (3 one-way and 1 two-way) are proposed from
West 8" and Arch Streets. The alley right-of-way will remain open and
provide access from the north. A monument -type ground sign is proposed
along the Broadway Street frontage.
The applicant is requesting several variances from the Urban Use
development standards of Section 36-342.1 of the City's Zoning
Ordinance. The requested variances are as follows:
1. Section 36-342.1(c)(3) states that no new drive-in or drive-through
facilities may be visible or take directed access from a primary street.
The proposed drive-through located on the west side of the building
will be visible from Broadway Street.
2. Section 36-342.1(c)(8) states that the ground -level (street fronting)
floor of nonresidential structures shall have a minimum surface area of
sixty (60) percent transparent or window display. It appears from the
proposed site plan that the east fagade will be close to the 60 percent
requirement, but the south facade will have less than the 60 percent
glass coverage.
2
February 23, 2004
ITEM NO.: 1 (Cont.)
3. Section 36-342.1(c)(10)b. states that surface parking lots must be
located behind or adjacent to a structure, never between the building
and abutting street. As noted previously, there will be a surface
parking lot (14 spaces) located between the proposed building and
Broadway Street.
4. Section 36-342.1(c)(11) allows no ground -mounted signs in the UU
Zoning District. The applicant proposes a monument -type sign within
the landscaped area between the parking area and Broadway Street.
5. Section 36-342.1(f)(1) requires a zero (0) foot front setback. The
proposed building will be located approximately 87 feet from the east
(Broadway Street) property line, three (3) feet from the south (West 8t"
Street) property line and 108 feet from the west (Arch Street) property
line.
Staff is supportive of the requested variances. Staff feels that the
proposed redevelopment of the property is reasonable, given the location
of the property. The property is located on the fringe of the UU Zoning
District, where the uses become less pedestrian -oriented and more
vehicular -oriented. There are fast food restaurants located north and east
(across Broadway Street) of the property, with a convenience store with
gas pumps and additional fast food restaurants located to the south.
There is another drive through branch bank facility further to the south, at
the corner of Broadway Street and 1-630. Staff feels that the proposed
redevelopment of the property is a quality one, and will have no adverse
impact on the adjacent properties or this general area along Broadway
Street, south of West 6t Street.
D. Staff Recommendations:
Staff recommends approval of the requested variances from the UU
Zoning District standards, subject to the following conditions:
1. Compliance with the Public Works requirements as noted in paragraph
A. of this report.
2. Compliance with the Landscape and Buffer requirements as noted in
paragraph B. of this report.
3. The proposed ground sign must be monument -type, with a maximum
area of 64 square feet and a maximum height of six (6) feet. The sign
must be located at least five (5) feet back from property lines.
3
February 23, 2004
ITEM NO.: 1 (Cont.
BOARD OF ADJUSTMENT: (FEBRUARY 23, 2004)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff by a vote of 5 ayes and 0 nays.
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Monte Moore%1.1.
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Zoning and Code EnforcementAtlministrator:
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. Twin City. Bank would I{ke to construct a branch bank at the above referenced ,
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location Currently there are two vacant bu{Idi.gs o.n the siteo.
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They current tonin' {s Urban. Use U.U:. The `bank ire nest several vanances from the
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needs to be In front of the bolding r)ot�,allowing the structure to be- at the property Ilse
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on Broadway We, also.requestthat a monument sign, not exceeding 65 square feet,:.
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February 23, 2004
ITEM NO.: 2
File No.: Z -5640-A
Owner: JDRL Enterprises, LLC
Applicant: Dickson Flake Partners, Inc./
Gary L. Jones
Address: 1202 Business Park Drive
Description: Northeast corner of Business Park Drive
and Kanis Road
Zoned: C-3
Variance Requested: Variances are requested from the sign
provisions of the City of Little Rock Zoning
Ordinance to allow an off -premise sign.
STAFF UPDATE:
The applicant submitted a letter to staff on February 9, 2004 requesting that the
application be withdrawn, without prejudice. The applicant has decided not to
pursue the variances at this time. Staff supports the withdrawal, as requested.
BOARD OF ADJUSTMENT:
(FEBRUARY 23, 2004)
Staff informed the Board that the applicant submitted a letter requesting that the
application be withdrawn without prejudice. Staff supported the withdrawal, as
requested.
The item was placed on the Consent Agenda and withdrawn, without prejudice,
by a vote of 5 ayes and 0 nays.
February 23, 2004
ITEM NO.: 3
File No.: Z -5857-A
Owner: Michael and Angelynn Hardcastle
Address: 2900 Crouchwood Road
Description: Lot 41, Kingwood Place Addition
Zoned: R-2
Variance Requested: A variance is requested from the area
provisions of Section 36-254 to allow a
building addition with a reduced side yard
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 2900 Crouchwood Road is occupied by a
1 Y2 story brick and frame single family residence. There is a two -car
driveway from Crouchwood Road which serves as access. The property
slopes downward from front to back and side to side (north to south). On
July 26, 1994, the Board of Adjustment approved a zero side yard setback
for the existing carport structure at the northeast corner of the residence.
The only condition of approval was that the carport be unenclosed.
The applicant is currently proposing to construct a 15 foot by 15 foot
dining room addition with a small deck at the northwest corner of the
existing residence, behind the existing carport structure. The proposed
building addition will be located 3.5 feet from the side (north) property line.
February 23, 2004
ITEM NO.: 3 (Cont.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum
side yard setback of seven (7) feet for this R-2 zoned lot. Therefore, the
applicant is requesting a variance from this ordinance standard. The
applicant is currently constructing a room addition at the southwest corner
of the residential structure which conforms to ordinance standards.
Staff is supportive of the requested side yard setback variance. Staff
views the request as reasonable, given the fact that the Board of
Adjustment previously allowed the zero side setback for the unenclosed
carport structure. The residence to the north is located approximately
eight (8) feet from the dividing side property line. Therefore, the proposed
3.5 foot side yard setback will provide adequate separation between the
two structures. Staff feels that the proposed building addition will have no
adverse impact on the adjacent properties or the general area.
C. Staff Recommendations:
Staff recommends approval of the requested side yard setback variance,
subject to the existing carport structure remaining unenclosed on the north
and east sides.
BOARD OF ADJUSTMENT: (FEBRUARY 23, 2004)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and .approved as recommended
by staff by a vote of 5 ayes and 0 nays.
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February 23, 2004
ITEM NO.: 4
File No.: Z -7384-B
Owner: Creative Heights Partners, LLC
Address: 4923 Stonewall Road
Description: Part of Lots 3, 4 and 5, Block 28,
Newton's Addition
Zoned: R-2
Variance Requested: A variance is requested from the fence/wall
provisions of Section 36-516 to allow a
privacy fence and masonry wall which
exceed the maximum height allowed.
Justification:
Present Use of Property
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
The applicant's justification is presented
in an attached letter.
Single Family Residence (being remodeled)
Single Family Residential
1. The existing picket fence extends 12.2 to 15.4 feet into the public right-
of-way and should be removed.
2. All portions of the columns and walls should be located outside the
public right-of-way of Jackson and Stonewall.
B. Staff Analysis:
The R-2 zoned property at 4923 Stonewall Road contains a single family
structure which is currently under reconstruction. The Board of
Adjustment recently approved setback variances associated with a garage
extension, front porch with steps, and trellis structure. The Board also
granted variances for a six (6) foot high wall (with 7 foot columns) running
from the northwest corner of the structure to the west property line, as well
as the masonry wall along the east side of the new driveway. The Board
February 23, 2004
ITEM NO.: 4 (Cont.)
denied a variance associated with a masonry wall which was proposed to
extend approximately 15 feet into the Jackson Street right-of-way.
The applicant is now requesting a variance to allow an eight (8) foot high
masonry wall along the west (Jackson Street) property line, with an eight
(8) foot high wood fence running from the southwest corner of the
property and tying into an existing six (6) foot high wood fence along the
south property line. Section 36-516(e)(1)a. of the City's Zoning Ordinance
allows a maximum fence/wall height of four (4) feet between a building
setback line and a street right-of-way, and six (6) feet elsewhere on the
property. The minimum required building setback (side yard) from the
west (Jackson Street) property line is eight (8) feet.
Staff does not support the fence height variance, as requested. Staff
supported a six (6) foot high fence/wall at the requested location when the
previous variances were addressed by the Board in June, 2003. Staff will
continue to support a variance to allow a six (6) foot high fence/wall
structure with seven (7) foot columns, to be located along the west and a
portion of the south property line, subject to compliance with the Public
Works comments as noted in paragraph A. of this report. Staff feels that
a six (6) foot high fence will not be out of character with other fences in
this general area. A six (6) foot high fence should have no adverse
impact on the adjacent properties.
C. Staff Recommendations:
Staff recommends denial of the fence height variance, as requested.
BOARD OF ADJUSTMENT: (FEBRUARY 23, 2004)
Kathy Pursell was present, representing the application. There were no
objectors present. Staff presented the application with a recommendation of
denial, as filed. Staff noted support of a six (6) foot high fence/wall with seven
(7) foot columns, as noted in paragraph B. of the staff report.
Kathy Pursell addressed the Board in support of the application. She described
the proposed eight (8) foot high wall and fence. She noted that a six (6) foot
high fence/wall would not provide the desired privacy for the courtyard area on
the west side of the residence. She noted that the fence/wall would be 16 feet
back from the street. She provided the Board with photos of the property and
other properties in the general area. She briefly discussed the photos with the
Board.
2
February 23, 2004
ITEM NO.: 4 (Cont.
Chairman Gray noted that an eight (8) foot high fence and wall was too tall for
this particular property. He noted support for staff's recommendation of a six (6)
foot high fence and wall with seven (7) foot columns.
Vice -Chairman Francis concurred with Chairman Gray.
There was a motion (and second) to approve the application as filed.
There was a general discussion related to the proposed fence/wall and other
fences and walls in the general area.
Bill Ruck noted that he concurred with Chairman Gray and Vice -Chairman
Francis.
Staff noted that if the application is not approved, a four (4) foot high fence and
wall is the maximum height that will be permitted along the west property line.
Kathy Pursell revised the application to be a fence/wall with a height of six (6)
feet, with seven (7) foot tall columns.
The initial motion and second was retracted. There was another motion (and
second) to approve the application, as revised. The motion passed by a vote of
5 ayes and 0 nays. The revised application was approved.
3
Jan. 14, 2004
To the Board of Adjustments,
T - � 4
li�- 73"
I am writing to request a variance approval from the fence/wall height requirements of Section
36-516(e)(1)(a). Per File No. Z -7384-A, the Staff/Board previously denied and was not in
support of of a variance to allow for a wall/fence in the city right of way. The staff would have
supported a 6 foot high fence/wall turning and running along the west property line and not in the
right of way. Gary Pursell attended the meeting for the Board on June 30, 2003 but did not
understand that he could amend his request from his original variance to that stated above and
then ask for board approval at that meeting. So..here we are again!
I am now requesting the board approve a variance for an 8 foot high fence/wall turning and
running along the west property line, then turning the corner again to meet the fence already in
place on the south property line at 4923 Stonewall. This fence/wall would allow for a private
courtyard area off the main living area of the house. This property doesn't have much yard due to
the large right of way and a fenced courtyard would be the only means to obtain any private
outdoor living space.
Thank you very much for your consideration. Please let me know if I can provide any additional
information for either the Staff or the Board of Adjustments.
Sincerely,
Cathy . Pursell
Creative Heights Partners
February 23, 2004
ITEM NO.: 5
File No.: Z -7494-A
Owner: Christopher Parker
Address: 221 Ridgeway Drive
Description: Lots 32 and 33, Block 13,
Midland Hills. Addition
Zoned: R-3
Variance Requested: A variance is requested from the fence
provisions of Section 36-516 to allow a
retaining wall with fence which exceeds the
maximum height allowed.
Justification:
Present Use of Property:
Proposed Use of Property
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The applicant's justification is presented
in an attached letter.
Single Family Residential
Single Family Residential
The R-3 zoned property at 221 Ridgeway Drive is occupied by a two-story
brick and frame single family residence. There is a one -car driveway from
Ridgeway Drive which serves as access. There is an alley right-of-way
along the rear (north) property line. The rear yard slopes downward
slightly from the house to the alley (southwest to northeast).
The applicant is currently in the process of constructing a swimming pool
in the rear yard area. As part of the pool project, the applicant would like
to construct a retaining wall along the rear property line and a portion of
the east property line, in order to level the rear yard area. The retaining
wall would be constructed of textured block, and have a maximum height
February 23, 2004
ITEM NO.: 5 (Cont.)
of three (3) feet. The applicant would then propose to construct a six (6)
foot high wood privacy fence on top of the retaining wall. The overall
fence/wall structure would have a height of approximately nine (9) feet as
viewed from the alley.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum
fence/wall height of six (6) feet in residential zones. Therefore, the
applicant is requesting a variance from this ordinance requirement to allow
the overall fence/wall height of nine (9) feet.
Staff is supportive of the variance. Typically, staff supports maximum
fence/wall height up to eight (8) feet in residential zones. However, in this
case, staff feels that the request is reasonable, given the location of the
fence/wall with relation to other structures along the alley right-of-way
between Alpine Court and West Markham Street. There are numerous
accessory structures located along the alley (with zero setbacks from rear
property lines), with opaque fences/walls between them, which give the
appearance of continuous solid walls with heights six (6) feet and higher.
Therefore, staff feels that the proposed fence/wall will not be out of
character with, nor have an adverse effect on the surrounding properties
or the general area.
C. Staff Recommendations:
Staff recommends approval of the requested fence/wall height variance,
subject to the following conditions:
The fence/wall structure must not exceed an overall height of nine (9)
feet.
2. A building permit must be obtained for the fence/wall construction.
BOARD OF ADJUSTMENT: (FEBRUARY 23, 2004)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval.
The applicant offered no additional comments
The item was placed on the Consent Agenda and approved as recommended by
staff by a vote of 5 ayes and 0 nays.
E
January 23, 2004
VIA FACSIMILE 501-399-3435
AND US MAIL
Dana Carey
Little Rock Board of Adjustment
Department of Planning and Development
723 W. Markham Street
Little Rock, AR 72201-1334
Re: Cover Letter / Proposed Variance Fence
Lots 32 and 33, Block 13, Midland Hills Addition
221 Ridgeway, Little Rock, AR 7220.5
Dear Mr. Carey:
The owners of the above -identified property, Chris and Lynn Parker, request a variance to
construct a fence measuring 6 feet in height from the inside and up to 9 feet in height from the rear
alley. The fence would be an up to three foot retaining wall to level the lot and a 6 foot privacy
fence on top.
The lot slopes to the rear and a retaining wall is needed to level the lot in order to install a
pool in the backyard.
Thank you very much for the board's consideration of this request.
COP:rll
You4& t -�y,
(-C—�
�istopher �O(12 rker
EICHENBAUM, LILES & HEISTER, P.A.
7 7
ATTORNEYS AT LAW
124 WEST CAPITOL AVENUE, SUITE 1400
LITTLE ROCK, ARKANSAS 72201-3736
AFTER B. HEISTER
GARY F. LILES
POST OFFICE BOX 70
E. CHARLES EICHENBAUM
MARTHA JETT McALISTER
LITTLE ROCK, ARKANSAS 72203-0070
(1907-1993)
CHARLES D. McDANIEL
CHRISTOPHER 0. PARKER
TELEPHONE 501-376-4531
JAMES H. PENICK, III
FACSIMILE 501-376-8433
JOE A. POLK
RICHARD L. RAMSAY
MITCHELL L. BERRY
Writer's Extension: 106
cparicer@elhlaw.com
January 23, 2004
VIA FACSIMILE 501-399-3435
AND US MAIL
Dana Carey
Little Rock Board of Adjustment
Department of Planning and Development
723 W. Markham Street
Little Rock, AR 72201-1334
Re: Cover Letter / Proposed Variance Fence
Lots 32 and 33, Block 13, Midland Hills Addition
221 Ridgeway, Little Rock, AR 7220.5
Dear Mr. Carey:
The owners of the above -identified property, Chris and Lynn Parker, request a variance to
construct a fence measuring 6 feet in height from the inside and up to 9 feet in height from the rear
alley. The fence would be an up to three foot retaining wall to level the lot and a 6 foot privacy
fence on top.
The lot slopes to the rear and a retaining wall is needed to level the lot in order to install a
pool in the backyard.
Thank you very much for the board's consideration of this request.
COP:rll
You4& t -�y,
(-C—�
�istopher �O(12 rker
STAFF REPORT
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Public Works Issues:
No Comments.
B. Staff Anal:
The R-2 zoned property at 5019 Woodlawn Drive is occupied by a one-
story frame single family structure. There is a one -car driveway from
Woodlawn Drive which serves as access. There is also vehicular access
from the alley along the south property line. There is a single -car
detached garage and a two -car carport structure in the rear yard at the
southeast corner of the property.
The property at 5019 Woodlawn Drive is zoned R-2, with a nonconforming
C-3 zoning status. Current City records show that a plumbing business
(Taylor Plumbing) was located on the property as of January 17, 2003.
February 23, 2004
ITEM NO.: 6
File No.:
Z-7574
Owner:
Ahmed Darwish
Address:
5019 Woodlawn Drive
Description:
Lot 5, Block 27, Pulaski Heights Addition
Zoned:
R-2
Variance Requested:
Variances are requested from the area
provisions of Section 36-254 to allow a
building addition with reduced setbacks.
Justification:
The applicant's justification is presented
in an attached letter.
Present Use of Property:
Single Family Residential with
nonconforming C-3 zoning status for a
plumbing business
Proposed Use of Property:
Single Family Residential
STAFF REPORT
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Public Works Issues:
No Comments.
B. Staff Anal:
The R-2 zoned property at 5019 Woodlawn Drive is occupied by a one-
story frame single family structure. There is a one -car driveway from
Woodlawn Drive which serves as access. There is also vehicular access
from the alley along the south property line. There is a single -car
detached garage and a two -car carport structure in the rear yard at the
southeast corner of the property.
The property at 5019 Woodlawn Drive is zoned R-2, with a nonconforming
C-3 zoning status. Current City records show that a plumbing business
(Taylor Plumbing) was located on the property as of January 17, 2003.
February 23, 2004
ITEM NO.: 6 (Cont.)
The applicant is proposing to construct a 24 foot by 36 foot building
addition on the rear of the residential structure. The addition will be
attached to the 12 foot by 24 foot garage structure located at the
southeast corner of the property. The proposed addition will maintain the
existing 4.3 foot side setback along the west property line. The addition
will be located 25 feet from the rear property line and nine (9) feet from
the east side property line. The existing accessory garage structure is
located six (6) feet from the rear property line and two (2) feet from the
east side property line.
Section 36-254(d)(2) of the City's Zoning Ordinance requires minimum
side yard setbacks of five (5) feet for this R-2 zoned lot. Section
36-254(d)(3) requires a minimum rear yard setback of 25 feet for
principal structures. Therefore, the applicant is requesting variances from
these ordinance standards to allow the building addition.
Staff is supportive of the requested variances. Staff feels that the
proposed addition will not be out of character with other structures in this
general area. As noted earlier, the proposed addition will maintain the
same 4.3 foot side setback (west) as the existing house. The rear and
east side setbacks associated with the proposed addition conform to
ordinance standards. However, when the principal structure is connected
to the accessory structure, the accessory structure is required to meet the
minimum setbacks of a principal structure. Therefore, side and rear yard
setback variances for the existing garage structure are needed. No
changes are proposed for the garage structure, other than connecting it to
the principal structure. Staff feels that the proposed building addition will
have no adverse impact on the adjacent properties or the general area.
Staff `s support is based on the fact that the carport structure which is
currently attached to the garage structure will be removed from the
property, and that the principal structure will be used as a single family
residence only. If the nonconforming commercial use of the property is
proposed to continue, a rezoning of the property will be required to allow
the building expansion.
C. Staff Recommendations:
Staff recommends approval of the requested setback variances, subject
to the following conditions:
1. The carport structure located in the rear yard must be removed from
the property.
2
February 23, 2004
ITEM NO.: 6 (Cont.)
2. The property must be used as a single family residence only. No
commercial use, other than an approvable home occupation, will be
allowed.
3. A building permit must be obtained for the construction.
BOARD OF ADJUSTMENT: (FEBRUARY 23, 2004)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff by a vote of 5 ayes and 0 nays.
3
c75 --7L/
To: The Respected Board of Adjustment of Little Rock
From: Ahmed M. Darwish
5019 Woodland Dr.
Little Rock, AR 72205
Subject: Variance Request
Date: 1/23/3004
Dear Sirs
I would like to make an extension to the house in the back of the property. I
would like to maintain the setback of the existing house at 4.3'. I would also like to
connect the extension to the currently existing garage and I am not changing the
garage in relationship tQ property line. Thank you for your cooperation.
Sincerely
Ahmed M. Darwish
February 23, 2004
ITEM NO.: 7
File No.: Z-7575
Owner: John L. Shields
Address: 1619 N. Tyler Street
Description: Lot 17, Block 3, Englewood Addition
Zoned: R-2
Variance Requested: A variance is requested from the area
provisions of Section 36-156 to allow
accessory structures which exceed the
maximum rear yard coverage 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 1619 N. Tyler Street is occupied by a one-story
frame single family residence. There is a one -car driveway from N. Tyler
Street which serves as access. There is a metal carport structure and a
small storage building in the rear yard, at the northeast corner of the
residence. There is an alley right-of-way along the east property line.
The applicant proposes to remove the carport structure from the property
and move the 8 foot by 12 foot storage building to the southeast corner
of the property. The applicant also proposes to construct a 24 foot by
24 foot garage (one-story) at the northeast corner of the property and a
13 foot by 16 foot in -ground pool within the rear yard. The garage and
storage building will be located three (3) feet from side and rear property
February 23, 2004
ITEM NO.: 7 (Cont.
lines, with the pool being located approximately 8.5 feet from the south
side property line. The applicant also proposes to construct a master
bedroom/bath addition on the east side of the residence.
Section 36-156(a)(2)c. of the City's Zoning Ordinance allows a maximum
30 percent rear yard coverage (rear 25 feet) for accessory buildings. The
proposed accessory buildings will occupy approximately 49 percent of the
required rear yard. Therefore, the applicant is requesting a variance from
this ordinance standard. The accessory structures as well as the proposed
building addition comply with the minimum setback requirements.
Staff is supportive of the variance request. Staff feels that the proposed
rear yard coverage will not be out -of -character with the general area.
There are several properties in this area which have relatively large
accessory buildings and rear yard coverage exceeding ordinance
standards. Staff feels that the proposed accessory structures will have no
adverse impact on the adjacent properties or general area.
C. Staff Recommendations:
Staff recommends approval of the requested rear yard coverage, subject
to a building permit being obtained for all construction.
BOARD OF ADJUSTMENT: (FEBRUARY 23, 2004)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff by a vote of 5 ayes and 0 nays.
2
John L: shields
1619 N. Tyler St.
Little Rock, AR 72207
January 05, 2004
City of Little Rock
Department of Planning and Development
723 West Markham
Little Rock, AR 72201
Board of Adjustment:
I am requesting a Residential Zoning Variance from the Zoning Ordinance of 30%
coverage of the rear yard. Due to the narrow lot configuration, I need to exceed the
30% coverage of the back 25 feet of the rear yard 397.5 square feet. I plan to use
780 square feet of the rear yard inside the 25' x 53' = 1325 square feet or 59%.
Location of the proposed variance is 1619 N. Tyler St., Little Rock, AR 72207.
Legal description Lot 17, Block 3, Englewood Addition to the City of Little Rock,
Pulaski County, Arkansas
The following are the home improvements and additions planned on my single
family owned home residence:
1) Home addition of 25' x 25' master bedroom, bath, and utility room on existing
home structure (not inside variance area)
2) Add detached 2 car garage 24' x 24' = 576 square feet in the northeast corner of
lot being 3' off the property lines. (inside variance area)
3) Move existing frame structure 12.2' x 8.2' = 1010 square feet (movable shed on
skids) from north property line to southeast corner of lot being 3' off the
property lines. (inside variance area)
4) . New pool with 8' x 13' =104 square feet being inside the variance area.
5) Remove existing chain link fence and replace with 6' wooden privacy fence
6) Remove existing carport.
Enclosed are the land survey and drawing of the proposed improvements.
I look forward to meeting with the Board of Adjustment to get approved the above
describe variance.
S' cerely, '
ohn L. Shields
Enclosure
February 23, 2004
ITEM NO.: 8
File No.:
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
Z-7576
Craig Custom Construction, LLC
45 Wellington Colony Drive
Lot 14, Block 13, The Villages of Wellington
A variance is requested from the building
line provisions of Section 31-12 to allow
construction of a landing and stairs which
cross a platted building line.
The applicants' justification is presented
in an attached letter.
Single Family Residence under
construction
Single Family. Residential
The R-2 zoned property at 45 Wellington Colony Drive is occupied by a
single family residence which is under construction (foundation). There is
a driveway along the east property line which serves as access. The
property is located 6 to 7 feet above the grade of Wellington Colony Drive.
The front porch of the residence will be located within one (1) foot of the
front 20 foot platted building line.
The applicant proposes to construct an uncovered, unenclosed landing at
the center of the porch structure, with steps extending to the side. The
landing/stair structure will extend four (4) feet across the platted building
February 23, 2004
ITEM NO.: 8 (Cont.
line, resulting in a 16 foot setback from the front property line. The
landing will be located 5 to 6 feet above the finished grade of the lot.
Section 31-12(c) of the City's Subdivision Ordinance requires that
variances for encroachments across platted building lines be reviewed
and approved by the Board of Adjustment. Therefore, the applicant is
requesting a variance to allow the encroachment.
Staff is supportive of the variance request. Staff views the request as very
minor in nature. The landing/stair structure is relatively small, and will be
uncovered and unenclosed. Therefore, staff feels that the proposed front
setback for the landing/stair structure is reasonable, and will have no
adverse impact on the surrounding 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 front building line for
the proposed landing/stair 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 Recommendati
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 landing/stair structure must remain uncovered and unenclosed.
BOARD OF ADJUSTMENT: (FEBRUARY 23, 2004)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff by a vote of 5 ayes and 0 nays.
2
Craig Custom Construction, LLC -14,
PO Box 22668
-7
Little Rock, AR 72221
258-7210 Cell* 225-4306 Fax* scraieCatamet �-2-p71—)
Department of Planning and Development
723 West Markham
Little Rock, AR 72201
January 23, 2004
Dear Sirs,
I respectfully request of the board a 4' variance over the front building line for the
purpose of building a 4' uncovered landing extending off the center of the front porch of
this home. The landing is necessary to build steps off the front of the house.
This house is built on a patio home lot that is not deep enough to back the house
up the 4' necessary for this landing. (If backed up, the rear entry driveway would
measure less than 18' from the garage to the back alley. This would prove too short for
parking a car in the drive).
If this variance is granted, we will build one step down to the landing and then
build steps extending off the left side of the landing to the ground. (see attached plot plan
with landing and steps drawn).
I have met with the developer (Winrock) at the building site, and they have no
problem with this 4' extension over the line because this uncovered landing is not
considered part of the dwelling (See Exhibit A).
Thank you for your consideration in this matter.
Sincerel
teve Craig
Craig Cust m Construction, LLC
�4 A 7157k
3. MINIMUM PRINCIPAL DWELLING SIZE. No principal residential structure
shall be constructed or permitted to remain on any of the lots platted hereby unless the
heated area thereof, exclusive of porches, patios, garages, and breeze ways, shall be at
least 2,000 square feet for single -story residences and 2,200 square feet for two-story or
split-level residences. A minimum roof pitch of 10/12 is required on all principal residential
structures.
4. ARCHITECTURAL CONTROL. All sides of any residence shall be brick and
all construction and styles of residence shall first be approved by the Architectural Control
Committee of The Villages of Wellington, all as set forth more fully in The Declaration of
Covenants and Restrictions, as amended.
5. BUILDING LOCATION. No building, fence, or wall shall be constructed on
any lot nearer to the street than the building line and setback lines shown on said plat. No
residential structure shall be located nearer to an interior lot line than ten percent (10%)
of the average width of the single-family lot, provided that such side yard need not exceed
-Ffv e-
_04
_04 11 feet in width. For purposes of this restriction, eaves, steps, and open porches shall
not be considered a part of the dwelling. No residential structure shall be constructed
nearer to the rear lot line than allowed by the City of Little Rock.
6. PRESSURE REDUCING VALVES ARE REQUIRED. Lots will be provided
with water service from the Little Rock Water Works Highland Ridge pressure plane.
Homes built on these lots shall require Pressure Reducing Valves to be installed on all
water service lines to maintain safe operating water pressures.
7. PROPERTY LINES AND BOUNDARIES. Iron pins have been set on all lot
corners and points of curve, and all curve data shown on the plat referenced herein is
centerline curve data. In the event of minor discrepancies between the dimensions or
THIS INSTRUMENT PREPARED BY:
SHULTS LAW FIRM, LLP
200 WEST CAPITOL AVENUE, SUITE 1600
LITTLE ROCK, ARKANSAS 72201-3637 5
February 23, 2004
ITEM NO.: 9
File No.:
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues.-
No
ssues:No Comments.
B. Staff Analysis:
Z-7577
William Richardson
33 Chenal Circle
Lot 16, Block 12, Chenal Valley Addition
M
Variances are requested from the area
provisions of Section 36-254 to allow a
building addition with reduced setbacks.
The applicants' justification is presented
in an attached letter.
Single Family Residential
Single Family Residential
The R-2 zoned property at 33 Chenal Circle is occupied by a two-story
brick single family residence. There is a circular driveway from Chenal
Circle which serves as access. There is an existing brick wall which
encloses a pool area within a portion of the rear yard, with a 7.5 foot wide
utility easement along the rear (south) property line.
The applicant proposes to construct a two-story addition at the southwest
corner of the existing residence. The proposed addition will
accommodate a nursery, game room and a room which will serve the pool
area within the existing fence rear yard area. The proposed addition will
be located 7'— 6'/2" from the side (west) property line and 7'— 10" from
the rear (south) property line (corner relationships).
February 23, 2004
ITEM NO.: 9 (Cont.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum
8 -foot wide yard setback for this lot. Section 36-254(d)(3) requires a
minimum rear yard setback of 25 feet. Therefore, the applicant is
requesting variances from these ordinance standards.
Staff is supportive of the variance requests. Staff views the variance
requests as relatively minor. The proposed addition will have a corner
relationship with both the side (west) and rear (south) property lines. The
side yard setback ranges from T— 6 %2" to 15 feet, while the rear yard
setback is 7' — 10" to 12 feet from the south property line. Additionally,
the rear yards for the lots within this subdivision are very large, with the
principal structures having rear yard setbacks exceeding the minimum 25
feet as required by ordinance. Because of the large rear yards, the
proposed addition not only occupies a very small percentage of the
required rear yard, but has more than ample separation from structures on
adjacent lots. Staff feels that the proposed addition will have no adverse
impact on the adjacent properties or the general area.
C. Staff Recommendations:
Staff recommends approval of the requested variances, as filed.
BOARD OF ADJUSTMENT: . (FEBRUARY 23, 2004)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval.
Staff noted that the applicant had revised the application to be a one-story
addition rather than a two-story. Staff noted that the building addition would
have the same footprint as originally proposed. Staff noted support for the
revised application, subject to the applicant submitting a letter of approval from
the Chenal Architectural Review Committee prior to a building permit being
issued.
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.
0
-4-
-7,s--77 -7x-77
WILLIAM K. RICHARDSON
33 Chenal Circle,,.-,-,.,_,.,..,,,.,_......,.-„_,,,,,,,,,,,,-,,,,,.-.,...,,,.......,,.,,,,.,,..........................,,..,
Little .Rock, AR 72223
Phone (501)350=9865
richproperties@hotinail.com
January 23, 2004
To Whom It May Concern:
Our proposal is to ask for a Variance of the established set -back of 25 feet to a new set -back of 7 '/i feet, a
difference of 17 '/z feet. This is due to the proposed addition as shown on the site plan.
The need for this addition is for the nursery to be adjacent to the Master Bedroom. The other existing
bedrooms are located on the second floor with a spiral staircase as the only means of accessibility to the
second floor and the I feel this is not suitable for young children.
Enclosed is th cation r Zoning Variance and I do appreciate your consideration in this matter.
B egards,
William K. Richardson
February 23, 2004
ITEM NO.: 10
File No.: Z-7578
Owner: Ronald and Deborah Shepherd
Address: 32 River Ridge Circle
Description: Lot 33, Riverview Manor Addition
Zoned: R-2
Variance Requested: Variances are requested from the area
provisions of Section 36-254 and the
easement provisions of Section 36-11 to
allow a garage addition with a reduced side
yard setback and which extends into an
easement.
Justification.-
Present
ustification:
Present Use of Property
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
The applicant's justification is presented
in an attached letter.
Single Family Residential
Single Family Residential
1. The proposed addition encroaches into a platted easement, however
there are no public drainage facilities located in this easement.
B. Staff Analysis:
The R-2 zoned property at 32 River Ridge Circle is occupied by a two-
story rock and frame single family residence. There is a circular driveway
from River Ridge Circle which serves as access. A garage is located on
the west end of the residence, which is accessed by utilizing the
westernmost drive. The driveway to the garage is very steep, as the
property slopes drastically downward from the street (north to south).
The applicant proposes to construct a 24 foot by 34 foot , two-story
garage addition on the east end of the residence. The garage addition will
February 23, 2004
ITEM NO.: 10 (Cont.
be one-story as viewed from the front. The. garage addition will be located
four (4) feet from the side (east) property line and one (1) foot into a utility
easement. The applicant proposes the new garage for easier vehicular
access, with a driveway which will be considerably less steep than the
current driveway.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum
side yard setback of eight (8) feet for this R-2 zoned lot. Section 36-11(f)
requires that building encroachments into easements be reviewed and
approved by the Board of Adjustment. Therefore, the applicant is
requesting variances from these ordinance standards.
Staff is supportive of the requested variances. Staff feels that the request
is reasonable and will provide much easier vehicular access to the
property. The applicant will need to submit letters from each of the five (5)
public utility companies approving of the easement encroachment.
Additionally, staff feels that the roof overhang should be located at least
two (2) feet from the side property line. Otherwise, staff feels that the
proposed garage addition will have no adverse impact on the adjacent
properties or the general area.
C. Staff Recommendations:
Staff recommends approval of the requested variances, subject to the
following conditions:
1. The roof overhang must be located at least two (2) feet back from the
side property line.
2. Guttering must be provided to prevent water run-off onto the adjacent
property.
3. Letters from each of the five (5) public utility companies must be
submitted approving of the easement encroachment, or the garage
addition and overhang must be located out of the easement.
BOARD OF ADJUSTMENT: (FEBRUARY 23, 2004)
Staff informed the Board that the applicant had failed to complete the required
notification to property owners within 200 feet of the property. Staff
recommended that the application be deferred to the March 29, 2004 Agenda.
Staff noted that the applicant had agreed to the deferral.
The item was placed on the Consent Agenda and deferred to the March 29,
2004 Agenda by a vote of 5 ayes and 0 nays.
�� .*=- / o
�-' -757e
January 22, 2004
Department of Planning and Development
723 West Markham
Little Rock, AR
To Whom It May Concern:
This letter, attachments and exhibits are presented for the purpose of requesting
an easterly side line property variance to construct an addition to our residence.
Access to the home from the current garage (placed in the lower Southwestern
Corner of the current structure) is very difficult due to the dramatic slope of the
property and the placement of the garage well below street level.
The addition will consist of a front entry two car garage built slightly below street
level and at the same roof line as the balance of the upper level of the residence.
Please see attached blueprint drawings for clarification. At the back of the
garage will be a new laundry room and storage. Under the garage will be a
family room connected to the lower level existing living space.
The addition will be made to look as it were part of the original construction of the
home. The original builder of the home has been retained to do the project.
As per the attached survey, dated May 21, 2003, the existing structure is
approximately 28 feet from the side line. The proposed addition will be slightly
less than 24 feet added to the property, thereby placing the final structure about
4 feet from the property line. This will not obstruct access and will enhance the
street appeal of the home and improve the look of the general area. The
topography of the River Ridge property does not permit any other solution.
Thank you for your consideration of this request.
Ron Shepherd
Property Owner
32 River Ridge Circle
Little Rock, AR
(501) 224-0501
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February 23, 2004
There being no further business before the Board, the meeting was adjourned at
2:25 p.m.
Date:
hairman Secretary