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boa_07 28 2003LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES JULY 28, 2003 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 June 30, 2003 meeting were approved as mailed by unanimous vote. III. Members Present: Members Absent: William Ruck, Chairman Scott Richburg, Vice Chairman Fred Gray Andrew Francis Terry Burruss None City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA JULY 28, 2003 2:00 P.M. I. DEFERRED ITEMS: Z -3628-A A. Z-7404 1915 Shadow Lane B. Z -6689-D 300 President Clinton Avenue C. Z-7414 3719 West 11th Street D. Z-7423 5412 Centerwood Road E. Z-7425 307 President Clinton Avenue NEW ITEMS: 1. Z -3628-A 10924 Colonel Glenn Road 2. Z -4360-C 5411 "L" Street 3. Z -4863-B 10600 Otter Creek East Blvd. 4. Z -7425-A 307 President Clinton Avenue 5. Z-7431 1019 N. Polk Street 6. Z-7437 10 Rosewood Drive 7. Z-7438 2809 West 12th Street 8. Z-7439 5720 Hawthorne 9. Z-7440 1621 N. Jackson Street 10. Z-7441 2000 N. Jackson Street 11. Z-7442 9 Melrose Cove Agenda, Page Two II. NEW ITEMS: 12. Z-7443 13. Z-7444 14. Z-7445 15. Z-7446 16. Z-7447 17. Z-7448 18. Z-7451 (Cont.) 2 Congressional Drive 2316 N. Harrison Street 1718 Iris Avenue 301 Beechwood Street 3900 Doral Drive 2001 Wellington Plantation Drive 3900 S. University Avenue 2 0 0 ■ � — 3NId \ \ 1 \ a31ZV8d V 11Otl01H1 co (D Wff �o T M /} i W U gpalp N Nawa33 �-j„ `� NItlW AtlMOV089 H38V NO1/yp 0 N 53143 ONIN lW 8311380 — x ~ Q O y no 08000M a — = ' 3NId 43j�ls i'7 r 3NId NO1lIWa 11035 � "' w a s S,ON/NKS 00 �j yJ • (� A 83AINn NBad ala! A 3AIN0 y �J SON18dS 8343) S31-lOO LOo u 0 IddISS IN W yP a 00°- 1031143 M088VO NHOf g h Ve 3 13 —�^ 080331N0aHS S 5f08a5 h NV OB � S11WIl A113 F0S DOW AWN HJYpJ��1S o 3 1'ri 4� o Py v NVAMrIS 18aM31S Hy�db h' 4- 0 O LII All)o2�y �j0A0j 3ltlON833 O ' 'M W July 28, 2003 ITEM NO.: A 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-7404 Henry and Mary Hodges 1915 Shadow Lane Lot 126 and the South Y2 of Lot 127, Shadowlawn Addition M A variance is requested from the fence height provisions of Section 36-516. The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential The R-2 zoned property at 1915 Shadow Lane is occupied by a two-story rock and stucco single family residence. There is a two -car driveway from Shadow Lane which serves as access. There is an existing eight (8) foot high wood fence along the north property line. The applicants propose to continue the eight (8) foot high wood fence along their rear (east) property line and a portion of the side (south) property line. Section 36-516(e)(1) of the City's Zoning Ordinance allows a maximum fence height of six (6) feet in residential zoning. Therefore, the applicants are requesting a variance from this ordinance standard to allow the eight (8) foot high fence. July 28, 2003 Item No.: A (Cont.) Staff is supportive of the requested fence height variance. As noted above, there is an existing eight (8) foot high wood fence along the north property line. To staff's knowledge this eight (8) foot high fence is nonconforming, however, there have been other variances granted in this general area for fences which are eight (8) feet high or higher. This proposed fence will only enclose the rear yard of the property and not extend into any portion of the front yard. Therefore, staff feels that the requested fence will not be out of character with other properties in this general area. The proposed fence should have no adverse impact on the adjacent properties. C. Staff Recommendations: Staff recommends approval of the requested fence height variance, subject to the following conditions: 1. The fence will have a maximum height of eight (8) feet. 2. A building permit must be obtained for the fence construction. BOARD OF ADJUSTMENT: (MAY 28, 2003) Staff informed the Board that the applicant submitted a letter requesting the application be deferred to the July 28, 2003 agenda. Staff supported the deferral req uest. The item was placed on the Consent Agenda and deferred to the July 28, 2003 agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (JULY 28, 2003) Staff informed the Board that the applicant submitted a letter requesting that the application be deferred to the August 25, 2003 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the August 25, 2003 agenda by a vote of 5 ayes and 0 nays. 2 -� Variance Request _ -74(,,4 Friday, April 25, 20.0,13, From: Mary Penick Hodges To: Little Rock Board of Adjustment We are requesting a variance allowing the addition of an eight -foot high wooden privacy fence across the back and down the south side of our property. The attached survey shows a rock wall on the north side of the VI W %y pr�J -Cent t(� thus !!tall is an a eight foot high ti�iooden priva VI Vf.' ii' r i.A 1. ii% i ii Ii •— i �.i.� i, 1 • iv iii ii wooden iin v fence running the length of the adjoining property. We would like to continue this fence across the back and up the south side of our property. The property to our rear already has a privacy fence in place. T here are no windows on the north side of the house to our south. There is a dog run between that house and our existing chainlink fence. l have already approached these neighbors and they have into reservations about the fence as long as they can attach kennel gates in order to maintain their dog run. We have no problem with this request. Thank you for your time with this issue. Sincerely, Mary Penick Hodges July 28, 2003 ITEM NO.: B File No.: Z -6689-D Owner: Paul Johnson Address: 300 President Clinton Avenue Description: Northeast corner of President Clinton Avenue and LaHarpe Blvd. Zoned: UU Variance Requested: A variance is requested from Section 36-342.1 to allow an outdoor bar/restaurant use in the UU Zoning District. Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT 1. Public Works Issues: No Comments. 2. Landscape and Buffer Issues: The applicant's justification is presented in an attached letter. Restaurant/Bar Restaurant/Bar Insufficient building expansion to require a landscaping upgrade. 3. Staff Analysis: Banana Joe's/Margarita Mama's restaurant and bar occupies the building at 300 President Clinton Avenue. The property is located at the northeast corner of President Clinton Avenue and LaHarpe Blvd., and backs up to Riverfront Park. There is an outdoor dining/bar area (patio) at the north end of the building, overlooking the park. An outdoor patio area has existed for some time and was previously used by the Pour House restaurant. July 28, 2003 Item No.: B (Cont.) The current tenant, Banana Joe's/Margarita Mama's, recently reconstructed the outdoor patio area, raising it several feet to be level with the building's ground floor. Banana Joe's/Margarita Mama's also recently constructed an unenclosed Cabana Bar within the existing patio area, as shown in the attached photos. The cabana is approximately 10 feet by 20 feet in size, and is located at the northwest corner of the restaurant building. Section 36-342.1(d)(1) of the City's Zoning Ordinance requires that all uses within the UU Zoning District be "inside or enclosed". Therefore, the applicant is requesting a variance from this ordinance standard. Although an outdoor restaurant/bar patio area existed with the previous occupant (Pour House), the current tenant has added to the use by raising the patio area and constructing the cabana bar structure. To staff's knowledge, the outdoor patio area associated with the Pour House Restaurant pre -dated the current UU Zoning standards. Staff is supportive of the variance to allow the outdoor restaurant/bar seating and cabana bar structure. On May 6, 2003 the River Market Design Review Committee reviewed the outdoor patio/cabana bar area along with other issues associated with exterior fagade colors and window treatments. The DRC approved the outdoor patio/cabana bar area with a vote of 4 ayes, 0 nays and 1 recusal. Staff supports the River Market DRC's vote on this issue, and feels that the outdoor use of the property will not be out -of -character with the overall River Market District. Staff has been made aware of possible building code issues which may exist on the property. The applicant needs to contact Chuck Givens, building official, at 371-4828 to resolve any of these outstanding issues. 4. Staff Recommendations: Staff recommends approval of the variance to allow the outdoor patio/cabana bar use in the UU Zoning District, subject to the following conditions: 1. There is to be no signage attached to the cabana bar structure. 2. The applicant must contact the City's Building Codes division and resolve any outstanding issues. K July 28, 2003 Item No.: B (Cont.) BOARD OF ADJUSTMENT: (JUNE 30, 2003) The applicant was not present. The staff informed the Board that the applicant failed to complete the required notification to surrounding property owners. Staff recommended deferral of the item to the July 28, 2003 agenda. The item was placed on the Consent Agenda and deferred to the July 28, 2003 agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (JULY 28, 2003) Staff informed the Board that the applicant submitted a letter requesting that the application be deferred to the August 25, 2003 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the August 25, 2003 agenda by a vote of 5 ayes and 0 nays. The Board noted that this would be the final deferral for this item. 3 H+W Heipfe Wiedower Architects Planners May 23, 2003 Mr. Monte Moore Little Rock Dept. of Planning & Development 723 Markham Street Little Rock, AR 72201 Dear Mr. Moore, I am representing Banana Joe's/Margarita Mama's property in this request for the use of a freestanding open cabana bar on the patio at the above referenced establishment. This outdoor bar was mistakenly built during the recent renovation of this building without notification or approval. When the mistake was discovered, the applicant went before the River Market DRC and obtained approval for construction from that group. The reason that this outbuilding was constructed was'to serve the outdoor patrons of this eating establishment. The patio was expanded and elevated making it much more widely utilized. The difficulty in serving the outdoor patrons from a remote, indoor location was very cumbersome and would greatly inconvenience both the patrons and the wait staff. The bar is freestanding, but is located near the building, elevated above the adjacent public property, is behind the required railings and ties into the design motif of the Banana Joe's/Margarita Mama's theme. Since the River Market DRC reviewed and approved this variance, it is our hope that the Board of Adjustment will likewise grant the requested variance. Sincerely, Tim A. Heiple, A.I.A Heiple + Wiedower Architects Encl: 319 President Clinton Ave.; Ste. 201 t Little Rock, AR 72201 + (t) 501-707-0115 + (t) 501-707-0118 l � ? e� River Market Design Greg Hart, Chairman Millie Ward, Member Review Patty Wingfield, Member Committee Tim Heiple, Member Shannon Jeffery -Light, Member Planning and Development - 723 W. Markham • Little Rock, Arkansas 72201 • 501-371-4790 • fax 501-399-3435 May 27, 2003 Board of Adjustment 723 West Markham Little Rock, AR 72201 Re: Banana Joe's Chairman and Members, The River Market DRC met on May 6, 2003 and reviewed 1) painting of the exterior, 2) outdoor cabana bar and 3) the treatment of the front windows at 300 East President Clinton for Banana Joe's. The DRC did approve the items listed above. The final vote for items 1 and 2 listed above was 4 yes, 0 noes and 1 recusals. The final vote for item 3 listed above was 3 yes, 0 noes, 1 recusals and 1 abstention. Thank you, a,�Vc Brian Minyard River Market DRC Staff July 28, 2003 ITEM NO.: C 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-7414 Belinda Avery 3719 West 11 th Street Lots 4 and 5, Block 16, Forest Hill Addition M, Variances are requested from the area provisions of Section 36-255 to allow an awning (covered patio) addition with a reduced front yard setback. The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential The R-3 zoned property at 3719 West 11 th Street is occupied by a one- story brick and frame single family structure. There is a single car driveway from West 11th Street which serves as access. A nonconforming metal carport structure which has existed a number of years covers the driveway, and extends into the right-of-way of West 11 h Street by approximately 1.3 feet. The carport is located at the northeast corner of the residence, and appears to be attached to the main structure. The applicant recently constructed a 16 foot by 16 foot awning (covered patio) addition on the east side of the metal carport structure. A concrete slab under the structure was recently poured. The awning is wood construction with a metal roof. There is lattice enclosing the east and July 28, 2003 Item No.: C (Cont.) west sides of the structure, with lattice on a portion of the north side. The applicant has stated that she would like to add lattice to the remainder of the north side. The recently constructed awning follows the same front line as the existing metal carport structure. Therefore, the awning is located 1 — 1.3 feet into the right-of-way of West 11th Street. Section 36-255(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet from the front property line. Therefore, the applicant is requesting a variance from this ordinance requirement for the awning (patio cover) structure. Staff does not support the requested front yard setback variance. Staff views the encroachment as unnecessary. The awning (patio cover) extends onto a vacant lot (46 feet by 130 feet) which contains ample space for construction of this type of structure with conformance to the required setbacks. Staff suggests that the applicant consider locating this structure on the east side of the residential structure (attached and at least 25 feet back from the front property line). Staff feels that this could be done with much of the building materials being re -used. C. Staff Recommendations: Staff recommends denial of the requested front yard setback variance. BOARD OF ADJUSTMENT: (JUNE 30, 2003) The applicant was present. Staff noted that a variance was needed for the height of a new fence along the east property line, and that the variance had not yet been requested. Staff suggested deferral of the application to the July 28, 2003 agenda to allow the applicant time to revise the application and request a fence height variance. The item was placed on the Consent Agenda and deferred to the July 28, 2003 agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (JULY 28, 2003) Staff informed the Board that the applicant submitted a letter requesting that the application be deferred to the August 25, 2003 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the August 25, 2003 agenda by a vote of 5 ayes and 0 nays. The Board noted that this would be the final deferral for this item K 2003 5E m64 awd wely me eme" rly 64�ldk&*T Mwa 6w f7 Ih" at 3719 � MWe O&A �&. "wy,97m- ee oa&306 maw, ff,6.. 9w le /~ ama &w?1,4e wn&nmedolr- 64- kwe & xe� hie Aalal�� yg�ie A�joMoWwa, -Omm:wl 4e, kno&w- t1w bfo�el m3b"wmw1n& t"W" W&nOt �e a 4ahex, oi�Ar4km w&A ae Aj",xs -qh," d,4 4", ,Y,#.Wep. July 28, 2003 ITEM NO.: D File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT L Public Works Issues: Z-7423 Steven and Elizabeth Quattlebaum 5412 Centerwood Road Lot 92 and part of Lot 91, Prospect Terrace #2 Addition R-2 A variance is requested from the area provisions of Section 36-254 to allow a building addition with a reduced rear yard setback. The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential 1. The proposed garage location on the right-of-way of "O" Street creates a traffic hazard when cars back out of the garage. A minimum of 20' clear area is needed from the garage wall to the edge of pavement of "0" Street. 2. The rock wall encroaches into the right-of-way of "O" Street. Remove wall or obtain a franchise agreement with Public Works. B. Staff Analysis: The R-2 zoned property at 5412 Centerwood Road is occupied by a two- story single family residence. There is an existing driveway (shared with the property to the east) which extends from Centerwood Road to "O" Street, along the property's east property line. There is an existing one- July 28, 2003 Item No.: D (Cont.) story accessory building near the northeast corner of the property, along the existing driveway. The applicant proposes to remove the accessory building and construct additions to the house, extending to the rear (north) property line. A two- story (18 foot by 23 foot) addition is proposed at the northwest corner of the building, with a one-story addition (22 feet wide) extending 33 feet from the rear of the structure. A 28 foot by 36 foot, 1 '/ story garage with recreation room is proposed to be attached to the one-story addition. The overall structure will extend from the rear of the house to less than one (1) foot from the rear (north) property line. The applicant proposes direct vehicular access to the garage structure from "O" Street. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum 25 foot rear yard setback for this lot. Therefore, the applicant is requesting a variance for the proposed rear yard setback, which is approximately % foot. The proposed additions conform to the required side yard setbacks. Staff does not support the requested rear yard setback variance. Staff believes that the proposed building additions will be out of character with the other properties in this general area. Although there are other properties with accessory garage structures which take access from "O" Street or alley rights-of-way in this general area, staff believes that the massing and yard coverage associated with the proposed additions are too intense for this single family neighborhood. Additionally, Public Works notes in paragraph A. of this report that the garage location adjacent to "O" Street could cause a traffic hazard, due to insufficient maneuvering area. A conditional use permit for Forest Park Elementary school (across "0" Street to the north) was recently approved by the Planning Commission. This approval including school parking along the north side of "O" Street, which is currently under construction. C. Staff Recommendations: Staff recommends denial of the requested setback variance. BOARD OF ADJUSTMENT: (JUNE 30, 2003) Staff informed the Board that the applicant submitted a letter requesting the application be deferred to the July 28, 2003 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the July 28, 2003 agenda by a vote of 4 ayes, 0 nays and 1 absent. 2 July 28, 2003 Item No.: D (Cont.) BOARD OF ADJUSTMENT: (JULY 28, 2003) The Staff informed the Board that the applicant submitted a letter requesting that the item be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn by a vote of 5 ayes and 0 nays. 3 - 7 7 - Quattlebaum, Grooms, Tull & Burrow A PROFESSIONAL LM= LIABILITY COMPANY 111 Center Street Suite 1900 Steven W. Quattlebaum Little Rock, Arkansas 72201 (501) 379-1700 quattlebaum@ggtb.com Telecopier (501) 379-1701 Writer's Direct Dial (501) 379-1707 May 23, 2003 Department of Planning & Development 723 West Markham Little Rock, Arkansas 72201 Re: Application for Residential Zoning Variance for 5412 Centerwood Road Dear Board Members: Please consider this letter to be an addendum to my application for a residential zoning variance. My house is located at 5412 Centerwood Road. Directly behind my house is "O" Street. Centerwood is a street consisting of one block with nine houses on the north side of Centerwood, all of which back up to "O" Street. Four or five of the nine houses have garages that are within the 15 -foot setback allowance from the property line. Two of those garages have been built within the last few years pursuant to variances issued by this Board. My wife and I would like to build a garage at the back of our property, which would be located on a line with all of the other garages along the backside of the properties facing Centerwood and backing up to "O" Street. The garage would be within the 15 -foot setback from the property line, but sufficiently off of "O" Street so as not to cause a traffic problem or traffic hazard. In fact, the garage door will be over eleven feet from the edge of the street. The justification for the setback allowance is that it will allow us to store our automobiles off of the street and enclose our yard equipment and other items. Thus, it will help beautify the neighborhood, and further, it will enhance the property values of the neighborhood. The setback would present a hardship to us in the construction of the garage. If the setback were enforced, the placement of the garage on the lot would be unattractive and would consume most of the backyard of our property. Additionally, the property originally had a garage at the back and currently has a small, frame shed building at the approximate location where the garage will be located. The frame building will be removed. Thus, the construction, while larger, will be consistent with the status quo for this lot and others. Quattlebaum, Grooms, Tull & Burrow PL.LC Department of Planning & Development Page 2 May 23, 2003 Attached to this letter is a copy of an architectural rendering of the proposed garage and heated and cooled addition to the house that connects to the garage. Also attached are copies of photographs of the subject property and some of the garages of neighboring properties. We respectfully request that this variance be considered at the meeting of the Board scheduled for June 30, 2003, and that the request for variance be approved. If additional information is requested, we will be happy to provide such information. Cordially yours, QUATTLEBAUM, GROOMS, TULL & BURROW PLLC '5L � �Imzr � — Steven W. Quattlebaum SWQ/tsr Attachment July 28, 2003 ITEM NO.: E File No.: Z-7425 Owner: Pressley Melton Address: 307 President Clinton Avenue Description: South side of President Clinton Avenue, between Cumberland and Rock Streets Zoned: UU Variance Requested: A variance is requested from the sign provisions of Section 36-353 to allow a projecting sign which does not conform to all of the River Market design standards. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Mixed Use Proposed Use of Property: Mixed Use STAFF REPORT I Public Works Issues: No Comments. B. Staff Analysis: Ernie Bigg's Chicago Style Piano Bar occupies the building at 307 President Clinton Avenue. A projecting sign for the business was recently installed on the building front, between two second floor windows, extending over the sidewalk. The sign is 2 feet by 6 feet and is painted on both sides. The top hanger area on which it was hung was previously used by Starr's Guitars, a second floor use. The sign is not internally lighted. The recently installed projecting sign conforms to all of the River Market Design Overlay District standards except for Section 36-353(e)(1)b., which states the "height of projecting signs shall not extend past the sill of the July 28, 2003 Item No.: E (Con second story windows." Therefore the applicant is requesting a variance from this ordinance standard. The River Market Design Review Committee reviewed the signage at its May 6, 2003 meeting. The projecting sign, as installed, was denied by a vote of 0 ayes, 4 nays and 1 recused. The DRC met again on June 6, 2003 to reconsider the sign issue. At that meeting, the May 6, 2003 vote was expunged, with a second vote taken. The second vote approved the projecting sign, as installed, by a vote of 5 ayes and 0 nays. Staff is supportive of the requested sign variance. Staff feels that the requested projecting sign is reasonable, and will not be out of character with other signs in the River Market District. Staff supports the River Market DRC in their June 6, 2003 vote. Although staff is supportive of the variance request, staff feels that the variance should be for this particular business only (Ernie Bigg's), and when this business vacates the building, the sign should be removed. C. Staff Recommendations: Staff recommends approval of the requested sign variance, subject to the following conditions: 1. The variance is approved for "Ernie Bigg's Chicago Style Dueling Piano Bar" only. When this business vacates the building, the sign must be removed. 2. A sign permit must be obtained for the sign. 3. A franchise permit must be obtained for the sign. BOARD OF ADJUSTMENT: (JUNE 30, 2003) The applicant was not present. The staff informed the Board that the applicant failed to complete the required notification to surrounding property owners. Staff recommended deferral of the item to the July 28, 2003 agenda. The item was placed on the Consent Agenda and deferred to the July 28, 2003 agenda by a vote of 4 ayes, 0 nays and 1 absent. 2 July 28, 2003 Item No.: E (Cont.) BOARD OF ADJUSTMENT: (JULY 28, 2003) 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 ERNIE BIGG'S CHICAGO STYLE DUELING PIANO BAR 307 President Clinton Ave. Little Rock, AR 72201 Phone: (501) 372-4782 Dear Zoning Commission, It has very recently been brought to our attention that the exterior signage at Ernie Biggs Speakeasy, 307 President Clinton Avenue, has failed to meet your standards. From what we have been told, the sign itself is satisfactory, but there is a problem with where it has been placed. We find this distressing for a couple of reasons. Before the sign was constructed we followed normal procedure to insure that our sign would meet all guidelines. This included shrinking the sign by two feet in length and six inches in width. We were also given location guidelines or parameters, to which we also complied. In fact, we have simply hung the sign in the exact location, from the exact same pole as the previous tenants had hung theirs. This complete adherence to all requests made by local officials is the basis for our confusion and concern. It is important to note that Ernie Biggs leases and utilizes both the top and bottom floors of the Melton building and feel that the sign is currently placed in a centralized locate so as to better make our customers aware that the piano bar downstairs as well as the forthcoming restaurant upstairs are in fact one in the same and also share common ownership. It is not understood why certain parties feel that two different signs forced into this space for the same business is not only necessary, but deemed an improvement. This is not to mention the additional time and significant expense placed on the ownership. We as a whole have gone to great lengths to improve our space while still maintaining the integrity of the River Market District. We respect and agree with the need for "watchdogs" in this area to insure that the area not only gains economic and human density, but that this growth is also channeled in the right direction. In this case however, it is unclear how moving and somewhat hiding this sign down in between the canvas awnings on either side of as will be beneficial to either us as a business or to the aesthetics of the street. Sincere y, IF� e�4 Jody Thornton Planning and Development • 723 W. Markham • Little Rock, Arkansas 72201 • 501-371-4790 • fax 501-399-3435 June 16, 2003 Board of Adjustment 723 West Markham Little Rock, AR 72201 Re: Ernie Biggs Chicago Style Piano Bar Chairman and Members, The River Market DRC reconsidered its vote of May 6, 2003. It met on June 6, 2003 and reviewed the signage at 307 East President Clinton for the Ernie Biggs Chicago Style Piano Bar. The DRC did approve the projecting sign as installed. The final vote was 5 yes, 0 noes and 0 absent. Thank you, Brian Minyard River Market DRC Staff River -7 `f Z Market Design Greg Hart, Chairman g Millie Ward, Member Review Patty Wingfield, Member Committee Tim Heiple, Member Shannon Jeffery -Light, Member Planning and Development • 723 W. Markham • Little Rock, Arkansas 72201 • 501-371-4790 • fax 501-399-3435 June 16, 2003 Board of Adjustment 723 West Markham Little Rock, AR 72201 Re: Ernie Biggs Chicago Style Piano Bar Chairman and Members, The River Market DRC reconsidered its vote of May 6, 2003. It met on June 6, 2003 and reviewed the signage at 307 East President Clinton for the Ernie Biggs Chicago Style Piano Bar. The DRC did approve the projecting sign as installed. The final vote was 5 yes, 0 noes and 0 absent. Thank you, Brian Minyard River Market DRC Staff July 28, 2003 ITEM NO.: 1 File No.: Z -3628-A Owner: Leonard Boen Address: 10924 Colonel Glenn Road Description: Northeast corner of Colonel Glenn Road and Interstate 430 Zoned: C-3 Variance Requested: Variances are requested from the sign provisions of Section 36-555 to allow a ground -mounted sign with increased height and area. Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: No issues. B. Staff Analysis: The applicant's justification is presented in an attached letter. Vacant Restaurant A new Wendy's restaurant building is currently under construction on the C-3 zoned property at 10924 Colonel Glenn Road (northeast corner of Colonel Glenn Road and 1-430). The property is part of a three (3) lot commercial subdivision, west of the Clear Channel development (old Sam's Store). With the restaurant development, the applicant is proposing to install a ground -mounted sign at the southwest corner of the property. The sign is proposed have an overall height of 80 feet. A total of 292 square feet of sign area is proposed; 214 square feet at the top of the sign pole and a 78 square foot reader board located 10 feet up from the sign base. July 28, 2003 Item No.: 1 (Cont.) Section 36-555(a)(2) of the City's Zoning Ordinance allows a maximum sign height of 36 feet for commercial zones. Section 36-557(b) allows sign heights to be increased for properties which are adjacent to an interstate. This section allows the 36 -foot sign height above the centerline of the interstate's traffic lanes. In this case, the ordinance allowed sign height would be 63 feet, based on the interstate elevation due west of this property. Additionally, Section 36-555(a)(2) allows a maximum sign area of 160 square feet. Therefore, the applicant is requesting variances to allow the Wendy's sign with an increased height and area. The proposed 80 -foot sign height is based on the interstate elevation 800 plus feet to the northwest. Staff does not support the sign variances as requested. Although staff is not opposed to the sign area, staff feels that the proposed sign height is not reasonable. This general area at the intersection of Colonel Glenn Road and 1-430 is an area of new and future commercial development. Staff does not feel that it would be appropriate to begin allowing signs higher than those allowed by ordinance, based on the elevation of the interstate, within this area of new commercial development. However, staff could support the application with the following conditions: 1. The overall sign height must not exceed 63 feet. 2. The overall sign area must not exceed 292 square feet. 3. A letter from the subdivision owner stating that no other signs within this commercial subdivision will exceed 36 feet in height. 4. The sign must be set back at least five (5) feet from any property line. 5. A sign permit must be obtained for the sign. 6. Any other ground -mounted sign on this lot must be at least 150 feet from this sign. As of this writing, the applicant has informed staff that a letter from the property owner (as noted in #3 above) will be submitted. C. Staff Recommendations: Staff recommends denial of the sign variances, as requested. BOARD OF ADJUSTMENT: (JULY 28, 2003) Staff informed the Board that the applicant submitted a letter requesting revision of the application as recommended by staff. Staff recommended approval of the application, subject to the following conditions: 2 July 28, 2003 Item No.: 1 (Cont.) 1. The overall sign height must not exceed 63 feet. 2. The overall sign area must not exceed 292 square feet. 3. A letter from the subdivision owner stating that no other signs within this commercial subdivision will exceed 36 feet in height. 4. The sign must be set back at least five (5) feet from any property line. 5. A sign permit must be obtained for the sign. 6. Any other ground -mounted sign on this lot must be at least 150 feet from this sign. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 5 ayes and 0 nays. 9 CUSTOM SIGN & NEON 11820 CHICOT RD MABELVALE, AR 72103 June 17, 2003 City of Little Rock RE: Wendy's Old Fashion Hamburger - 74 I would like to ask for a variance for Wendy's in height and size. This location sets off the Interstate 5 to 800 ft. We had a survey done and the elevation difference is 39.52'. We are asking you let us go 41' over that which will bring the elevation to 80'. The size sign it takes at that height is 220 square ft. We will be over by 60'. We would also like to put the standard reader board 6'6" x 12' on the bottom of the pole for specials. Thank you for your kind consideration. Thanks You Ronnie Wells July 28, 2003 ITEM NO.: 2 File No.: Z -4360-C Owner: David and Nancy Hoisted Address: 5411 "L" Street Description: West Y2 of Lots 1 and 2, Block 2, Hollenberg 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 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 issues. B. Staff Analysis: The R-2 zoned property at 5411 "L" Street is occupied by a one-story frame single family residence. There is a one -car detached garage located near the southwest corner of the property. There is an alley right- of-way along the west property line which serves as access to the garage. The garage is connected to the house by an unenclosed awning. The applicants propose to enlarge the garage to a two -car structure with living space above (game room). Additionally, the house and garage will be connected by a heated and cooled building addition (enlarged dining room and utility room). With the heated and cooled addition/connection, the garage will become part of the principal structure. The proposed July 28, 2003 Item No.: 2 (Cont. building additions will be set back approximately three (3) feet from the rear (south) property line and 15 feet from the side (west) property line. The proposed setback from the side property line (alley) should allow adequate space for maneuvering in and out of the garage structure. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear yard setback of 25 feet. Therefore, the applicants are requesting a variance to allow the building additions with a reduced rear yard setback (3 feet). The proposed addition meets and exceeds all other setback requirements. Staff is supportive of the requested variance. Staff feels that the request is reasonable. If the garage were added on to and maintained as a detached structure, a three (3) foot rear yard setback is all that would be required. The proposed building massing (lot coverage) will not be out of character with other single family properties in this general area. Staff feels that the proposed addition will not have an adverse impact on the adjacent properties or this neighborhood. The property immediately to the south fronts on N. Tyler Street and will have a side/rear yard relationship with the proposed building additions. C. Staff Recommendations: Staff recommends approval of the requested setback variance, subject to the following conditions: 1. A building permit must be obtained for the proposed construction. 2. Guttering must be installed on the garage expansion to prevent water run-off onto the adjacent property to the south. BOARD OF ADJUSTMENT: (JULY 28, 2003) 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 David & Nancy Holsted ew Monte Moore City Of Little Rock Department of Planning & Development 723 West Markham St Little Rock, AR 72201-1334 Re: Zoning Variance Application Dear Mr. Moore: My wife and I want to remodel our residence at 5411 L. St. We would like to enlarge the one car garage to a 2 car with living space above as well as join the house and garage together, which will enlarge our dining room and add a utility area. In anticipation of this I contacted Entergy to have a utility pole installed in the South East corner of our lot to relocate the electric, phone and cable service to my neighbor on the east that was presently running from the South West corner across our back yard to the west side of their house. That was done a few years ago and now allows us to put living space above our garage. For this to work we will need to locate the garage within aft of the property line in the rear. If you have any questions please feel free to call or email me. Sincerely, David Holsted david(@holsted.com. 501-666-0468 (H) 501-221-0201 (0) 5411 L. Street / Little Rock, AR 72205 July 28, 2003 ITEM NO.: 3 File No.: Z -4863-B Owner: Daniels General Contractors, Inc. Address: 10600 Otter Creek East Blvd. Description: Lot 9, Area 102, Otter Creek Industrial Park Addition Zoned: 1-2 Variance Requested: A variance is requested from the temporary building provisions of Section 36-202 to allow a time extension on the placement of a temporary building. Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: No issues. B. Staff Analysis: The applicant's justification is presented in an attached letter. Temporary Office Temporary Office The 1-2 zoned property at 10600 Otter Creek East Blvd. is occupied by a one-story temporary office building, located within the south portion of the property. There is a small gravel parking area along the north side of the building. The remainder of this 1.6 acre tract is undeveloped. The property is currently "for sale". Section 36-202 of the City's Zoning Ordinance allows for the placement of temporary buildings as follows: "(a) The director of the city department having planning authority and responsibility may allow a temporary building, preregulation July 28, 2003 Item No.: 3 (Cont.) mobile home or manufactured home for commerce, or industry in any district where such building is used (1) Incidental to construction on a site or development of a residential subdivision, or (2) As a temporary office, store, or other facility while the primary structure on the same site is being remodeled or constructed. (b) Such temporary building, mobile home, or manufactured home may be allowed for any period of time up to one (1) year, after which the board of zoning adjustment must rule on an extension of time." Staff became involved in this case in January of this year, by way of a citizen complaint. The Enforcement Staff issued Bo Daniels, the property owner, a notice to remove the structure, but since the property was "for sale", staff administratively allowed him additional time to remove the structure from the property (6 months). As of this writing, the property has not yet sold, and Mr. Daniels is requesting an additional six (6) months to remove the structure. Please see his attached letter for further explanation. Staff recommends approval of the requested time extension. Staff feels that a extension of time to remove the temporary office building from this industrial subdivision is reasonable, however, six (6) months is the maximum time staff will support. The applicant notes that he purchased the property in September 2001 with the temporary office building in place. Staff feels that adequate time has elapsed for the property to sell or permanently develop and for the temporary building to be removed. However, given the industrial nature of this subdivision, staff feels that an additional six (6) months will not adversely affect the surrounding properties or the general area. C. Staff Recommendations: Staff recommends approval of the requested six (6) month time extension for the placement of the temporary office building. The temporary building must be removed from the property no later than January 28, 2004. BOARD OF ADJUSTMENT: (JULY 28, 2003) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. 0 July 28, 2003 Item No.: 3 (Cont. 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 � ELS u General Contractors W*,-Ym scud and i2duS��iial66mide,a,; ALEX "BO" DANIELS President City of Little Rock Planning and Development 723 West Markham Little Rock, Ar. Dear -Members of the Board: 10600 Otter Creek East Bivd. Phone (501) 455-1500 • Fax (501) 455-1563 June 27, 2003 MABELVALE, ARKANSAS 72103 - -1 -- 3 �-'- 4S� 3-8 I purchased -this -particular piece -of property-appraxlmately September of 2001. It vas nat-disclosed to me by the previous owner that the- office trailer was there on a 6 month -temporary- permit: If I-had_of known this the situation, I would have- seribusYy reconsidered-- my decision to -purchase it knowing now the facts of the matter. -Dusting-the course of the past year; since I've been-usings location, things have happened -with -my business and- demvgraphics-that have caused me to reconsider a -permanent structure -m this piece of property. Lhave heembTi g-tu sell it fnr�ral montths_without any success and have made arrangements with- a -Realtor to list -the property and I hope this will accomplish a -sale -within -the next few months -or -sooner. - I plead -�vitfi -the board -to -consider an extensiau of sbi-months time for me to accomplish- this sale. --I hope thatyou also look atthe-photographs and realize -how-welt we -.maintain -the property. -I have even had- alls in the past complimenting our- efforts in tr}rnnitng and pruning ofthe trees and the regular mowing of this property. I very much--eciate r -time and consideration. Sincerely, Alex "Bo" Daniels president July 28, 2003 ITEM NO.: 4 File No.: Z -7425-A Owner: City of Little Rock (right-of-way) Applicant: Gene Hunter, Street Dawgs Cart and Mobile Vending Co. Address: 307 President Clinton Avenue Description: South side of President Clinton Avenue, between Cumberland and Rock Streets Zoned: UU Variance Requested: A variance is requested from the use provisions of Section 36-342.1 to permit a mobile food vending use within the public right-of-way. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Street Right -of -Way Way (sidewalk) Proposed Use of Property: Street Food Vendor STAFF UPDATE The City Attorney's Office has determined that the City's Business Regulations which prohibit mobile food vending in a public right-of-way take precedence over the Zoning Ordinance Regulations due to the fact that the Business Regulations are more restrictive. The City Attorney's Office notes that the Board of Adjustment does not have the authority to grant a variance from the City's Business Regulations, and therefore, the variance application needs to be withdrawn. Staff supports a withdrawal of the application. BOARD OF ADJUSTMENT: (JULY 28, 2003) Staff informed the Board that the City Attorney's Office had determined that the application needed to be withdrawn. Staff supported the withdrawal of the item. The item was placed on the Consent Agenda and withdrawn by a vote of 5 ayes and 0 nays. street Dawgs Cart G� M061ire 'Venalmig 51108 'oaR Wcadaws ` d ,4kander,A-; 72002 501-837-1880 (�fione) 501847-1398 (fax) tayvpdaw,gs@ao%: or, June .26, 2003 1G. c' OfLiu l 1' erg lscara o tra�ua�m.�;L�. T'rLin: yC-,w Ymnter, ®u'v'risY'r, Street (Dwwgs Vending Pia: &quest forvariance i wOull li`r'e t0 ash vier er-"riSs On yr a onii ✓araCnce in the i rii-v -wa ' awi ,Fri s d'crt ("Anton Ave. in the Pgry le i ket u' - t ;peck lcaµy, , request serves a duc purpose. I am wO-. r'`ang in coi!Pz tction'witfi "Erne (Biggs isGanO 13ar iJ'w� are LVCaieW at 301(PrKitCi$nt CZLriiOri•jivl.. 9,'icy, promoting tllbir'sc'ZvE:S as a (,,iiCicgO.3iJ%w' piano bar, Kr �,1^jsei , , v�wLin " ThiiCa"O St- ''' o -i av .`r, eZt ii bene aC£iaZ t" O`v't f7 "aiGbi..`i LO r y l � by 8-T r esta"5tis an ag; ez';te;ii tc� s�� vZ tii� ,� u c:,s3rtiti3iit i:tJ, 3;€t Cf tfiEir 5uri;`izss. Ta; those unawa e, r:Zie Biggs does not sE TfiL'fiivt�rOf a:i� type; �" �3i ('SL'iiCe U' one Uj iE� Unit--i(3Jit Utceii esta5iu- h;,.ent has pr;,ven 5eneficiaft3 Sat usinesses. here- :s the treason jcr- n y reT,=i. l.;- n�sa n Y2 e%t3ig iii SettZg C1t�2itL lliCS) �FtgO SL3r r wve a mmawrtav,uht3LvleW E Clogs, as`welT s a basic affmw t product and•a polwhi sausage. r w pushcart wou i2 operate w'ct hili this variance o-, y Ldii'ring i e i if Z opei atig hours Of trw- Taw c6ai. Sai trier.- w'3i{ cc Wcatea dii-eCLi5 In front Of the businesses -main windaw d ring biose Operating hours. i hwve attachad trite units' r r rr rr r r r r r stacrazatic j0),, ;y0ur rcuww. l7w Cart itseq 'wOuaprO7ruac apv O.:C; 41 10 48 inCi4F.5 Out onto tf¢C sid3 walk Thai ' does -w imcpair ped.-,-, t ria-,; bicjcre Or Yr.andicappeuj w,Yi ,IP w bid aaigliati iOGi7t for, bViTyUTci. `2 -fits 'M iia tC iti i% vic 2 UJ~t13i Ii— 3% 3gflw' tic Liu: LLiS6rlGL. iPte units t,..i��i--:'TiTseI v`e ate i.v'i`aafL sed c�ontatlT"L'k, `{.iiith t&? Pi'L'{, n, wa_`tei,r, drainage, si3O,-gge and exk ctrwty. `l r�xj- can coc`� apprxc. 175 to 25i: mitts' per , our, high iritii, �Lissew on 7ii-% u`resi6�'1, `wc have r . r E.�,-..a r r r .1le aDZLrr� t0 G'rOa is Liic iceYLfi scicc %,C n a i aw�aLc'a Ui a custmrwrOi a F3u in sJ par.T ,'. Sowe a rLOL iwty ,= We tvoufd operate :Wednesday through Saturday,] 'om .5pnt anti(closing wdy. `ase are the operating hours of lzmie ,Biggs". oldy tim,; we wouui deviate f;arr. these operatir.y hours is if ousintss proved sluggisfa. ` l e-,; based on drscu wion w ith Ernie , iggs management, we •would cons� u pm or Tpm. I4 ve atiachwda leiterfrog the owners of "Erie (Bygs.' ` his setter outlines our 5usinevs rcfationsh;-p, tfie aenefxt of tn`zs re tionship and the positive irrrpacc arulfeeaoackthey have 7eccivedfrm our relationship. liiis feed6acFu as you widrea, ; comes f,om patrons as •welTas ogler businesses operating in the Q4vermarTet district. I -would fie to close 6y stating that I am not a )Ty t� night' i� pe of person or 6usiws. I •want to =ura al"interested parties that we can reach a fiighzr-kvea of into -, ;e, -t within the dialxt 6j us operating conjunction w th the --nano 6ar.11he =—pone so far- Fut.- beer. very positive. Awe cons-idir that when mak#W your decision. gfrank you so much for corw4nV thu request. I appreciate the opportunity to snake Little 4ckand the fiver,- arkgt gists a success 'era'.�furate; c�wrter Stmt �Dawgs ;art --Mo 5ife Vam ing Co. 501.8371880 (T) .501.847,1398 (I) July 28, 2003 ITEM NO.: 5 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No issues. B. Staff Analysis: Z-7431 Tonya Searcy 1019 N. Polk Street Lot 9, Block 10, The Hollenberg Addition R-2 A variance is requested from Section 36- 254 to allow a building addition with a reduced side yard setback. The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential The R-2 zoned property at 1019 N. Polk Street is occupied by a two-story frame single family residence. The house is located within the west one- half of the lot. There is an alley along the east property line which serves as vehicular access. The property owner proposes to construct a 5 -foot by 8 -foot (one-story) addition at the northeast corner of the residential structure. The addition will be for an additional bathroom. The proposed addition will be located three (3) feet from the north (side) property line. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side yard setback of five (5) feet for this lot. Therefore, the applicant is July 28, 2003 ITEM NO.: 5 (Cont.) requesting a variance from this ordinance requirement. The proposed addition meets all other setback requirements. Staff is supportive of the requested variance. Staff views the request as very minor in nature. The proposed three (3) foot side yard setback will allow enough room for construction and maintenance of the building addition. The proposed addition should have no adverse impact on the adjacent properties or the general area. The house on the property immediately to the north is located approximately 6.5 feet from the common side property line. F. Staff Recommendations: Staff recommends approval of the requested setback variance, subject to a building permit being obtained for the proposed construction. BOARD OF ADJUSTMENT: (JULY 28, 2003) 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 SCHULTE CONSTRUCTION 7905 Foxchase Road, Suite A Little Rock, Arkansas 72227 501/224-0968 Fax 501/224-0458 June 24, 2003 City of Little Rock Department of Planning and Development 723 West Markham Little Rock; Arkansas RE: Mrs. Tanya Searcy 1019 North Polk Little Rock, AR 72205 We are requesting a variance to build a bathroom addition with a reduced sideyard setback. Currently there is only one bathroom in the house, located on the second story. Sincerely, Stanley Schulte July 28, 2003 ITEM NO.: 6 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property Proposed Use of Property: STAFF REPORT A. Public Works Issues: No issues. B. Staff Analysis: Z-7437 Tabitha M. Henderson 10 Rosewood Drive Lot 120, Brookwood Addition R-2 Variances are requested from the building line provisions of Section 31-12 and the area provisions of Section 36-254 to allow construction of a carport structure with a reduced front yard setback. The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential The R-2 zoned property at 10 Rosewood Drive is occupied by a one-story brick and frame single family residence. There is a one -car driveway from Rosewood which serves as access. The property slopes slightly downward from north to south. The applicant proposes to construct a 12 foot by 18 foot metal carport structure over a portion of the existing driveway. The carport structure will be supported by two (2) metal poles and permanently attached to the front of the residential structure. The proposed carport structure will extend over a platted front 25 foot setback line by approximately 10 feet, resulting a front setback of 15 feet. July 28, 2003 EM NO.: 6 (Cont. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front yard setback of 25 feet. Section 31-12(c) of the Subdivision Ordinance requires that variance for encroachments over platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances to allow the carport addition with a reduced front yard setback, and crossing a platted building line. Staff does not support the variance request. Staff feels that the front yard encroachment as proposed will be out of character with this single family neighborhood. When staff made a site inspection of this property, a close look was taken at all of the houses along Rosewood Drive, Glendale Drive and portions of Brookview Drive and Windsor Drive. Staff could find no other existing houses with front yard encroachments similar to the one proposed. Staff feels that the proposed carport structure will have an adverse visual impact on the surrounding properties. 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 carport 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 Recommendations: Staff recommends denial of the requested setback and building line variances. BOARD OF ADJUSTMENT: (JULY 28, 2003) Tabitha Henderson was present, representing the application. There were no objectors present. Staff presented the item with a recommendation of denial. Tabitha Henderson addressed the Board in support of the application. She stated that she wished to have the carport structure to protect her vehicle from the weather. Fred Gray asked how many cars could be parked under the carport structure. Ms. Henderson responded that it would provide parking for one vehicle. Ms. Henderson stated that she needed the 18 -foot length for the carport, but could possibly make it narrower. 2 July 28, 2003 ITEM NO.: 6 (Cont.) Fred Gray asked if the carport structure could be redesigned and tied into the building's architecture and be less noticeable. Ms. Henderson stated that she has not explored that option. Fred Gray asked if the parking structure could be located in the rear yard. Ms. Henderson stated that it would be cost prohibitive. Andrew Francis stated that he would also like to see a carport structure which would blend into the residence. He stated that a deferral might be in order to allow Ms. Henderson time to redesign the parking structure. The issue of a deferral was briefly discussed. Staff asked the Board if building elevations should be provided by the applicant. Fred Gray stated that the applicant should submit some visual representation. Linda Ray briefly addressed the Board in support of the application. There was additional discussion of a deferra application to the August 25, 2003 agenda. 5 ayes and 0 nays. 3 I. There was a motion to defer the The motion passed by a vote of June 24, 2003 To the Members of the Board: This is a proposal to build a carport on the house located at #10 Rosewood in Little Rock. The original carport was closed in and made into a bedroom by the previous owners. The purpose of the carport will be to provide protection for my vehicle from exposure to adverse weather conditions. The proposed carport will be an extended structure adjoining the house where former carport was located. It will be 7 feet in height, 12 x 18 in length and width, with an aluminum awning cover, supported by 2 metal poles. It will be permanently attached to the front of the home, covering a portion of the driveway. For your convenience I have included a copy of the proposed structure. Thank you for your time and kind consideration in this matter. Sincerely, Tabitha Henderson I ?t I I BEAUTY RUGGED CONSTRUCTION MAINTENANCE FREE w7o rh CLEAN LINE o. DESIGN Engineered to meet all IRAN standards 2`1 g; Customized for your home • dditions t Adds beautiful:a o your home at very economical prices O.A4;kn color combinations to 7 choose from MIX Light Brow- n . . . . . . . . ...... M v.ory,: IF Ivy Green Autumn, Brown,. Terra Cotta 49 Wood grain Bronze 15 7 Cadet Grey Black -M 'Ballew's Aluminum Products, Inc. RO. Box 27174 Greenville, SC 29616-2174 July 28, 2003 ITEM NO.: 7 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No issues. B. Landscape and Buffer Issues: Z-7438 Mattie Irby Rhodes 2809 West 12th Street Lots 4 and 5, Block 3, Worthen and Brown Addition C-3 A variance is requested from the paving provisions of Section 36-508 to allow a temporary gravel parking lot. The applicant's justification is presented in an attached letter. Commercial Commercial Areas set aside for buffers and landscaping meet with ordinance requirements. This takes into account the reductions allowed within the designated mature area. A protective border, such as cross -ties, should separate gravel from areas to be landscaped. At such time that the vehicular use area is paved, required landscaping must also be installed. An approved protective border, such as the cross -ties or curb and gutter, will be required to protect landscaped areas from vehicular traffic. A water source within seventy-five (75) feet of July 28, 2003 ITEM NO.: 7 (Co landscape areas will also be required when the site is paved and landscaped. C. Staff Analysis: The C-3 zoned property at 2809 West 12th Street is occupied by two (2) commercial buildings, one within the northwest portion of the property and one along the rear property line. Two (2) other buildings which previously existed within the east one-half of the property were recently removed. There is a new gravel parking lot within the east one-half of the property, with existing curb cuts (with concrete aprons) from West 12th Street and the alley which runs along the south property line. A portion of the southernmost building is occupied by a beauty shop. The beauty shop has existing on the site for 20 years, utilizing an existing gravel parking lot on the property immediately to the west which is owned by the convenience store at the southeast corner of West 12th and Woodrow Streets. The beauty shop has had an agreement with the convenience store owners to use the gravel parking area during the past 20 years. The building at the northwest corner of the property is in the process of being converted to a sports bar and grill from a general commercial use. The conversion of the building from a retail use to a restaurant -type use requires an additional seven (7) on-site parking spaces. Therefore, the property owner purchased the lot immediately to the east and removed the two (2) buildings in order to construct a new 12 -space paved parking lot. However, the applicant has stated that she is not financially able to construct the parking lot at this time, and is requesting an 18 -month extension on the paving requirement as found in Section 36-508 of the City's Zoning Ordinance. As noted previously, the area where the paved parking lot will be constructed is currently gravel. Staff is supportive of a deferral of the paving requirement for the new parking lot, but staff will only support a 12 -month deferral. Staff feels that this will be adequate time for the applicant to get the new business up and running and possibly secure the funding needed for the parking lot construction. The applicant should submit plans for a building permit at least 60 days prior to and have the construction completed by the 12 - month expiration date. The applicant must also conform to the landscape and buffer requirements as noted in paragraph B. of this report. The Public Works Department reviewed the proposed new parking lot. Public Works approves of the location of the driveway aprons as shown on the plan submitted, and noted that the alley right-of-way along the 2 July 28, 2003 ITEM NO.: 7 (Cont.) south property line should be capable of carrying the traffic generated by the proposed parking lot. D. Staff Recommendations: Staff recommends denial of the 18 -month paving deferral, as requested. Staff does support a 12 -month deferral of the paving requirement (to July 28, 2004) subject to the following conditions: Compliance with the landscape and buffer requirements as noted in paragraph B. of this report. 2. The applicant must submit plans for a building permit at least 60 days prior to and have the construction completed by the 12 -month expiration date. BOARD OF ADJUSTMENT: (JULY 28, 2003) Staff informed the Board that the applicant submitted a letter requesting revision of the application as recommended by staff. Staff recommended approval of a 12 -month deferral of the paving requirement (to July 28, 2004) subject to the following conditions: 1. Compliance with the landscape and buffer requirements as noted in paragraph B. of the staff report. 2. The applicant must submit plans for a building permit at least 60 days prior to and have the construction completed by the 12 -month expiration date. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 5 ayes and 0 nays. 9 June 25,2003 -� 7 4.5S` To: Department of Planning and Development From: Sport and Beyond Re: Non -Residential Zoning Variance I am presently the owner of Sport and Beyond which was previously Allen's Luggage & Gift Shop. I am now in the process of opening Sport and Beyond which requires additional parking space. I have purchased the lot next door and cleared it off. The only thing left to do is blacktop the parking lot. I am requesting for an eighteen -month extension to complete the parking area .Due to financially difficult at this time. Please allow me to open my business with the extension. This will complete the entire requirement. Sincerely, Mattie J. Rhodes July 28, 2003 ITEM NO.: 8 File No.: Z-7439 Owner: CRRO Development Address: 5720 Hawthorne Description: Lot 13, Forest Heights Place Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow construction of a new single family residence with a reduced rear yard setback. Justification: Present Use of Property Proposed Use of Property: STAFF REPORT A. Public Works Issues: No issues. B. Staff Analysis: The applicant's justification is presented in an attached letter. Vacant Single Family Residential The R-2 zoned property at 5720 Hawthorne Street is currently undeveloped. A foundation for a new house is being constructed. The proposed house will have a height of two (2) stories, with a two -car garage accessed from W" Street to the north. The house and garage will be connected by way of a second floor extension over a courtyard area. Based on this second floor connection, the garage is considered part of the principal structure, and not an accessory structure. The north wall of the garage will be located approximately 8.7 feet from the rear (north) property line. This north wall will be located approximately 22 feet from the edge of pavement for W" Street, which should allow adequate maneuvering area behind the garage structure. July 28, 2003 ITEM NO.: 8 (Cont.) Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear yard setback of 25 feet for this lot. Therefore, the applicant is requesting a variance to allow the reduced rear yard setback. All other setbacks associated with the proposed structure conform to the ordinance requirements. Staff is supportive of the requested variance. Staff feels that the requested variance is reasonable. If the house and garage were not connected by the second floor extension, but by way of a roof cover over the courtyard (non -heated and cooled space), all setbacks would conform to ordinance standards with no variances required. This is based on the fact that the garage would be considered an accessory structure in that scenario. Therefore, the massing of the structure will be the same with the second floor connection into the garage structure, as with the ordinance allowed scenario as described above. With that in mind, staff feels that construction of the proposed single family structure will have no adverse impact on the adjacent properties or general area. The proposed lot coverage will not be out of character with other residential lots in this neighborhood. C. Staff Recommendations: Staff recommends approval of the requested setback variance, as filed. BOARD OF ADJUSTMENT: (JULY 28, 2003) Lisa Cornwell was present, representing the application. There were three (3) persons present in opposition. Staff presented the item and a recommendation of approval. Lisa Cornwell addressed the Board in support of the application. She noted that the second floor connection would not change the look of the house. Chairman Ruck asked if alternate house designs had been explored. Ms. Cornwell stated that other designs eliminated rear yard space. This issue was briefly discussed. Fred Gray asked the need for the second floor connection. Ms. Cornwell stated that it would be used to access the garage structure, but mainly it would allow the second floor of the garage to be better utilized. There was additional discussion of this item. 2 July 28, 2003 ITEM NO.: 8 (Cont. Chairman Ruck asked if the area above the garage could be used as an apartment. Ms. Cornwell stated that it would be used as a workout room or a children's playroom. She stated that there would be a bathroom and a wet bar. Kathleen Oleson addressed the Board in opposition to the application. She stated that there was no justification for the variance. She expressed concern that the second floor of the garage structure would be used as an apartment. She stated that the applicant was trying to over -develop the property. Donna Darr also addressed the Board in opposition. She referred to other properties in the area which were occupied by very large houses. Louise Whittaker also spoke in opposition. She also expressed concern that the second floor of the garage structure would be used as an apartment. Ms. Cornwell stated that there will not be an apartment over the garage. Andy Francis asked if there would be any 220 -volt outlets in the area over the garage. Ms. Cornwell stated that she did not know. Mr. Francis stated that the single family zoning of the property would not allow a second living unit. The issue was briefly discussed. Staff provided the Board with the Zoning Ordinance definition of "single family". This issue was discussed further. Fred Gray discussed the massing of structures in the general area. He noted that denying the variance would not change the nature of the structure. He stated that he would support the variance. There was a motion to approve the application, as filed. The motion passed by a vote of 5 ayes and 0 nays. 3 0b/'25/207 1:07 0000000000 THEFADEDR05E To all meribers of the Little Rock Board of Adjustment: ` PAGE 02 June 25, 2003 This letter is in regard to a new home construction project at 5720 Haw.borne Street. Y am requesting approval, to'build an attached garage/upstairs bonus room on our property. This bonus room will ',e a highly used space in the house. which .makes it important for it to be connected to the main structure. I am seeking your approval to connect these two structures since the road behind the house will be closer to the street than tate city allows. Thank you very much for your time and cj:nsideration. July 28, 2003 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 issues. B. Staff Analysis: Z-7440 Scott and Renee Rittelmeyer 1621 N. Jackson Street Lot 66 and the South 4 feet of Lot 67, Cliffewood Subdivision R-2 A variance is requested from the area provisions of Section 36-254 to allow a building addition with a reduced side yard setback. The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential The R-2 zoned property at 1621 N. Jackson Street is occupied by a two-story stucco and frame single family residence. There is a one -car driveway from Jackson Street which serves as access. There is an existing garage structure located within the northeast portion of the property. The existing house has a nonconforming side yard setback of approximately one (1) foot from the north property line, near the northeast corner of the structure. The applicants propose to construct a 12.4 foot by 17.6 foot (218 square feet) building addition at the northeast corner of the existing house for a master bathroom. The addition would be one-story in July 28, 2003 ITEM NO.: 9 (Cont. height and be located approximately 1.1 feet from the north (side) property line. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side yard setback of 6.9 feet for this lot. Therefore, the applicants are requesting a variance for the proposed 1.1 foot side yard setback associated with the proposed building addition. Staff does not support the requested variance. Staff does not feel that the proposed side yard setback is reasonable. The 1.1 foot side yard setback as proposed will not allow for the construction and maintenance of the structure without encroaching onto the adjacent property to the north. Staff could however support a four (4) foot side yard setback, which would be in line with the northwest corner of the residence. Staff feels that a four (4) foot setback would allow adequate space to provide for the construction and maintenance of the building addition. Staff also feels that guttering should be provided to prevent water run-off onto the adjacent property. C. Staff Recommendations: Staff recommends denial of the requested side yard setback variance, as filed. BOARD OF ADJUSTMENT: (JULY 28, 2003) Staff informed the Board that the applicant submitted a letter requesting revision of the application as recommended by staff. Staff recommended approval of the application, subject to the following conditions: The building addition must be setback at least 4 feet from the north (side) property line. 2. Guttering must be provided to prevent water run-off onto the adjacent property. 3. A building permit must be obtained for the construction. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 5 ayes and 0 nays. 2 Lawrence M. Angyal, Architect June 26, 2003 City of Little Rock, Arkansas Department of Planning and Development (-2—P� 723 West Markham Little Rock, AR Re: Zoning Variance for Rittelmeyer Residence, 1621 N. Jackson Dear Board of Adjustments: On behalf of my clients, Scott and Renee Rittelmeyer, I am submitting a Site Pian of the existing conditions and proposed addition to their residence at 1621 N. Jackson Street. Both conditions are shown on a single sheet. Please be aware that the drawing of the proposed Site Plan is at a larger scale than the surveyor's existing drawing for clarity. The purpose of the addition is to create a dedicated accessible bathroom for the Master bedroom, the only bedroom on the house's lower level. The owners have made significant improvements to this house and grounds and desire to stay there well into retirement age and beyond for as long as they are physically able. To that extent, we believe that there is a reasonable concern in the future that two elderly people confined to the house's lower level would have available only one bathroom facility which is also shared with anyone who is also present. Therefore, the reason we are requesting this variance is to provide the room necessary to add a dedicated bathroom for the owners that is also wheelchair or walker accessible. To do this, we must utilize that portion of the lot outside the 10% side setback, which in this case, is to the north side of the house as shown. I calculate that the required setback is 6.9 feet, averaging the front and rear lot dimensions and multiplying by .10. Portions of the existing north wall already exceed that and this is the location we propose to build flush to. The addition would be approximately l.1 feet from the property line. The size of the proposed addition is just under 219 square feet, one story high, finished to match Lawrence M. Angyal, Architect 4417 GREENWAY DRIVE, NORTH LITTLE ROCK, AR 72116-7407 501-753-2694 lmangyal C-) aristotle. net the existing. Separated from this proposed addition by a driveway, the adjacent house to the north is approximately 8 feet away at a minimum. I thank you for your time and trouble in this matter and for considering our request. Yours most sincerely, Lawrence M. Angyal, RA State of Arkansas #2421 2 0 Lawrence M. AngyaI, Architect 4447 GREEl'TWAY DRIVE, NORTH LITTLE ROCK, AR 72116-7407 501-753-2694 Imangyal Ca) aristotle.net July 28, 2003 ITEM NO.: 10 File No.: Z-7441 Owner: Richard Hudelson, Jr. and Donna Kelso Address: 2000 N. Jackson Street Description: Lot 14, Block 27, Newton's Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 and 36-254 to allow a new garage structure and building addition with reduced setbacks and separation, and increased rear yard average. Justification: Present Use of Property Proposed Use of Property: STAFF REPORT A. Public Works Issues: No issues. B. Staff Analysis: The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential The R-2 zoned property at 2000 N. Jackson Street is occupied by a two-story frame single family residence. There is a two -car drive from Jackson Street which serves as access. There are two (2) existing accessory buildings (storage building and carport) near the northwest corner of the property. The applicants propose to remove the two (2) accessory buildings and construct a 22 foot by 24 foot detached garage (one-story) structure at the northwest corner of the property. The applicants also propose to construct an extension to the existing porch (screened -in) at the northwest July 28, 2003 ITEM NO.: 10 (Cont.) corner of the house and an awning (both not heated and cooled space) which will connect to the proposed garage structure. The porch extension will be located four (4) feet from the west (side) property line, which is the same side yard setback as the existing porch. Sections 36-156(a)(2) b. and c. of the City's Zoning Ordinance allow a maximum 30% rear yard coverage for accessory buildings (30% of the rear 25 feet) and a minimum separation from principal structure of six (6) feet. The proposed garage structure covers 484 square feet of the required rear yard (375 square feet allowed), and has no separation from the principal structure (connected by way of proposed porch extension and awning cover). Therefore, the applicants are requesting variances from this ordinance standard. Additionally, Section 36-254(d)(2) requires a minimum side yard setback of five (5) feet for this lot (principal structure). As noted earlier, the proposed porch extension will maintain the same four (4) foot side yard setback as the existing porch. The applicants are also requesting a variance from this ordinance requirement. Staff supports the requested variances. Staff views the requested variances as very minor in nature. The proposed garage structure meets the required rear and side yard setbacks, and staff feels that the structures proposed will have no adverse impact on the adjacent properties. The abutting properties to the north and west are separated from this property by masonry walls and fences. The proposed lot coverage will not be out of character with other single family properties in this general area. C. Staff Recommendations: Staff recommends approval of the requested variances, subject to the following conditions: 1. The porch and awning additions to the house which connect to the garage structure must remain unenclosed (not heated and cooled space). 2. A building permit must be obtained for all construction. BOARD OF ADJUSTMENT: (JULY 28, 2003) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. 2 July 28, 2003 ITEM NO.: 10 (Cont.) 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 RICHARD E. Hung sorr, JR. 2000 NoRTH JACKSON SiREEr LmiE RoGK, AR 72207-4726 501-666-4141 FAX: 501.614-3771 June 26, 2003 Department of Planning and Development 723 West Markham Little Rock, Arkansas 72201 Re: 2000 North Jackson Street, Lot 14 Block 27 Newton's Addition, Pulaski County, Arkansas To Whom It May Concern: Enclosed are 6 copies of a recent survey showing existing and proposed improvements to the property listed above. The purpose of the request is to replace the existing structure and remove the portable building and replace it with a two car garage and a screened -in porch with a covered walkway to the existing home. As you will note the existing driveway will not change and we would like to improve the area with a new garage. The two joining properties are divided by a 7 foot brick fence and a 6 foot wooden fence. Thank you for considering our request and if you have any questions please call or write. S' erely, Richard E. Hudelson, Jr. 1 July 28, 2003 ITEM NO.: 11 File No.: Z-7442 Owner: Hatem AI-Takromri Address: 9 Melrose Cove Description: Lot 31, Pebble Beach Woods Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a deck addition with a reduced rear 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 issues. B. Staff Analysis: The R-2 zoned property at 9 Melrose Cove is occupied by a two-story brick single family residence which was recently constructed. There is a two -car driveway from Melrose Cove which serves as access. The property immediately east of this lot is undeveloped, and was recently rezoned to PRD for a townhouse development. When the house was constructed, a 14 foot by 15 foot deck was also constructed at the northeast corner of the residential structure. The deck is located 15 feet from the rear (east) property line. The northeast corner of the deck structure is approximately 3.5 feet above grade. The deck is uncovered and unenclosed, and the owner has noted that it will remain that way. July 28, 2003 ITEM NO.: 11 (Cont. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear yard setback of 25 feet for this lot. Therefore, the applicant is requesting a variance to allow a reduced rear yard setback for the existing deck structure. The deck conforms to all other setback requirements. Staff is supportive of the requested variance. With the deck remaining uncovered and unenclosed, staff feels that it will have no adverse impact on the adjacent properties or general area. The applicants have installed a new six (6) foot high wood fence, enclosing the rear yard. With the wood fence in place, the deck structure will be fairly unnoticeable from the adjacent properties. C. Staff Recommendations: Staff recommends approval of the requested setback variance, subject to the following conditions: 1. The deck structure must remain uncovered and unenclosed. 2. A building permit must be obtained for the deck construction. BOARD OF ADJUSTMENT: (JULY 28, 2003) 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. 0 T-- _44 -7 July 28, 2003 ITEM NO.: 12 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No issues. B. Staff Analysis: Z-7443 John Pike Homes, Inc. 2 Congressional Drive Lot 1, Kenwood Estates Subdivision, Phase 1A IMM A variance is requested from the fence provisions of Section 36-516 to allow a fence which exceeds the maximum height allowed. The applicant's justification is presented in an attached letter. Single Family Residence — under construction Single Family Residential The R-2 zoned property at 2 Congressional Drive is occupied by a one-story brick single family residence which is currently under construction. There is a two -car driveway from Congressional Drive which serves as access. The lot has a 25 foot platted building line along the east, west and south property lines. The lot has three (3) street frontages; Congressional Drive to the east, David O Dodd Road to the west, and Kenwood Blvd. to the south. There is a 10 foot wide "no vehicular access easement and undisturbed buffer" along the west (David O Dodd Road) property line. July 28, 2003 ITEM NO.: 12 (Cont.) The property owner proposes to construct a six (6) foot high wood fence along the west property line and portions of the north and south property lines, enclosing the rear yard area. The fence will tie in to the rear corners of the single family structure, as noted on the attached site plan. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences located between building setback lines and street rights-of-way. Fences located behind building setback lines may be constructed to a maximum height of six (6) feet. Therefore, the applicant is requesting a variance to allow the six (6) foot high wood fence between the 25 foot platted building line and the David O Dodd and Kenwood Blvd. street rights-of-way. Staff does not support the variance as requested. Staff cannot support the proposed fence construction extending into the 10 foot wide undisturbed buffer along David O Dodd Road. Staff could support the fence variance with the following conditions: 1. The fence must be located on the east side of the 10 foot wide no vehicular easement and undisturbed buffer. 2. Public Works approval must be obtained to assure that the fence does not create a sight -distance problem at the intersection. Staff feels that a fence constructed to meet these conditions will have no adverse impact on the surrounding properties or general area. C. Staff Recommendations: Staff recommends denial of the fence variance, as requested. BOARD OF ADJUSTMENT: (JULY 28, 2003) Staff informed the Board that the applicant submitted a letter requesting revision of the application as recommended by staff. Staff recommended approval of the application, subject to the following conditions: 1. The fence must be located on the east side of the 10 foot wide no vehicular easement and undisturbed buffer. 2. Public Works approval must be obtained to assure that the fence does not create a sight -distance problem at the intersection, prior to a fence permit being issued. 2 July 28, 2003 ITEM NO.: 12 (Cont.) 3. The applicant must replant the 10 -foot undisturbed buffer along the west property line (which was violated) to staff requirements within 30 days, and before a fence permit is issued. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 5 ayes and 0 nays. 3 John Pike Homes, Inc. John Pike Homes 6 Cypress Cove Little Rock, AR 72223 Phone 868-0857 Fax 868-6674 June 26, 2003 Department of Planning and Development 723 West Markham Little Rock, AR 72205 To whom it may concern, Our preliminary review has uncovered the following: There is a 25 ft. set back line on the property at 2 Congressional Drive in Little Rock, Kenwood Estates. We would like to fence in the property boundary line allowing us to fence in the whole backyard, instead of one half of the back yard. We currently only have clearance to fence in according to the 25 foot setback boundary. We would appreciate your approval to fence in the area including our property boundary. If you have no objection please sign the enclosed form for city approval. Thank you for your assistance. PROPOSAL Therefore, we are requesting a zoning variance to have a fenced in backyard at 2 Congressional Drive. The fence which we are proposing is going to be a six foot CCA treated pine fence extending all the way to the road. Thanks for your consideration. Sincerely, John Pike Homes Inc John D. Pike Jr. July 28, 2003 ITEM NO.: 13 File No.: Z-7444 Owner: Bryan and Betty Ruth Davis Address: 2316 N. Harrison Street Description: Lot 8, Block 5, Newton's Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of 36-254 to allow a building addition with reduced side yard 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 issues. B. Staff Analysis: The R-2 zoned property at 2316 N. Harrison Street is occupied by a one- story frame single family residence. There is a single car driveway from Harrison Street which serves as access. There is an existing swimming pool and pool house within the rear half of the lot. The existing house is located 4.5 feet from the north (side) property line and 5.4 feet from the south (side) property line. The applicants propose to construct a one-story addition on the rear of the house. The addition includes 12.3 feet of heated and cooled space, with a 10 foot wide covered porch, as noted on the attached site plan. The proposed 12.3 foot wide room addition will maintain the same side yard setback as the existing house, with the porch maintaining the same north side setback and having a 7.4 foot south side yard setback. July 28, 2003 ITEM NO.: 13 (Cont.) Section 36-254(d)(2) of the City's Zoning Ordinance requires minimum 6.7 foot side setbacks for this lot. Therefore, the applicants are requesting a variance from this requirement for the proposed addition. The existing side yard setbacks for the house are nonconforming. Staff is supportive of the requested variance. Staff views the requested side yard setback variances as very minor, as the encroachment ranges from 1.3 feet along the south property line to 2.2 feet along the north line. Staff feels that the proposed addition will have no adverse impact on the adjacent properties. The large St. John's Catholic Center development is located immediately north of this lot, and the houses to the south front on Hawthorne with rear yard relationships to this lot. C. Staff Recommendations: Staff recommends approval of the requested setback variance, subject to a building permit being obtained for the proposed construction. BOARD OF ADJUSTMENT: (JULY 28, 2003) 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 Yeary Lindsey Architects June 26, 2003 Mr. Monte Moore Department of Neighborhoods and Planning 723 West Markham St. Little Rock, AR 72201 RE: Zoning Variance Application for Bryan and Betty Ruth Davis Residence 2316 N. Harrison Street, Little Rock, AR 72207 Dear Monte, We are requesting a zoning variance at 2316 N. Harrison Street to allow an encroachment into the existing north and south side yard setbacks of 6.7 feet. Our proposed plan includes a one story 12.3 foot addition to the rear of the house with a 10 foot covered porch beyond that which encroaches 2.2 feet into the north side yard setback and 1.3 feet into the south side yard setback. The south side of the porch is 7.4 feet from the property line and therefore does not require a variance at this setback. These additions follow the existing encroachments into both side yards but do not reduce the side yards further than what already exists. In order to enlarge the rooms at the rear of the house without having awkward jut -ins on both sides that would render them less than efficient, we request a variance from the required 6.7 feet to the established existing setbacks as stated above. The vertical scale of the house will virtually remain the same from the street. We also propose paving changes at the front of the house, which use the existing driveway apron, to be completed in a future phase. It is our understanding that this would not require a variance. Thank you for your time and consideration. Sincerely, Carolyn Lind , AIA 319 President Clinton Ave., Suite 201 Little Rock, AR 72201 501-372-5940 FX: 501-707-0118 July 28, 2003 ITEM NO.: 14 File No.: Z-7445 Owner: James R. Gilliam Address: 1718 Iris Avenue Description: Lot 68, Riverside Addition Zoned: R-3 Variance Requested: A variance is requested from Section 36-516 to allow a fence which exceeds the maximum height allowed. Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No issues. 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 1718 Iris Avenue is occupied by a one-story frame single family residence. There is a one -car driveway from Iris Avenue which serves as access. Rebsamen Park Road is located along the east property line. There is an existing four (4) foot high chain-link fence extending from the northeast corner of the house and enclosing the rear yard area. The applicant proposes to remove the four (4) foot chain-link fence and construct a six (6) foot high wood privacy fence along the north and east (Rebsamen Park Road) property lines, tying into the northwest corner of the house. A small portion of the fence which ties into the northwest corner of the house crosses the 30 foot front platted building line. There July 28, 2003 ITEM NO.: 14 (Con is an existing six (6) foot high wood fence along the south property line which will remain. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet between a building setback line and a street right-of-way. Therefore, the applicant is requesting a variance to allow the six (6) foot high wood fence between the rear 25 foot building line and the Rebsamen Park Road right-of-way and the small portion of the six (6) foot high fence between the 30 foot front platted building line and the Iris Avenue right-of-way. Staff is supportive of the variance request. Staff feels that the variance request for a privacy fence to enclose the rear yard is reasonable, given the fact that Rebsamen Park Road is commercial street and carries a large amount of traffic as compared to a typical residential street. Additionally, as noted in the applicant's cover letter, the fence will aid in reducing the amount of glare from the lights of vehicles traveling on Riverdale Road at its intersection with Rebsamen Park Road. The proposed six (6) foot high fence will not be out of character with other properties within this neighborhood, and should have no adverse impact on the general area. C. Staff Recommendations: Staff recommends approval of the fence height variance, subject to a building permit being obtained for the fence construction. BOARD OF ADJUSTMENT: (JULY 28, 2003) 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 June 27, 2003 Department of Planning and Development Little Rock Board of Adjustment T Little Rock, Arkansas Re: Application for a Residential Zoning Variance Legal Description: Riverfr-ont Addition, Lot 68 1718 Iris Avenue, Little Rock, AR 72202 Dear Board of Adjustment Members: This letter serves as my official request for a residential zoning variance at 1718 Iris Avenue, which is the property and home I purchased in June 2002. Please review my request in preparation for the July 28, 2003, Board of Adjustment meeting date. Proposal and Reasons for Requesting a Zoning Variance Summary: • The purpose of my request is to obtain permission from the Board of Adjustment to have a 6 -foot privacy fence in lieu of the 4 -foot height constraint at my actual property line. The 25 -foot setback line noted on my survey takes over half of my backyard away from me; Rebsamen Road is a busy street, and my property is unique as evidenced by the photos included with this request. I ask that the Board of Adjustment approve my request for a zoning variance because of the unique area at which 1718 Iris Avenue is located. I am requesting this variance so that I can contract a fencing company to construct a 6 -foot privacy fence, rather than a four -foot privacy fence (four -foot height constraint per City code). As shown in Illustration A, Riverdale Road crosses the railroad tracks on the East side of Rebsamen Park Road. As also seen in Illustration A, tall brush and overgrown shrubs have been allowed to exist. These will soon be removed as I improve the aesthetics of my property. As a result, vehicle lights will beam directly into my backyard and home without a six-foot privacy fence (as the neighbors have). Beaming lights are disturbing during evenings and nights when lights shine into the eastern portion of my home and backyard. Not having 6 -foot fencing also allows the noise associated with the vehicles and outrageously loud motorbikes that routinely travel on Rebsamen Park Road to oftentimes overwhelm guests, family pets, and myself City code is forcing me into a troublesome dilemma: construct a four -foot privacy fence which will not adequately block the oncoming vehicle lights, or sacrifice 25 feet (over half of my backyard) for a six-foot privacy fence --due to the "setback line" associated with my property. 1718 Iris Avenue Little Rock, AR 72202 Page 1 of 4 June 26, 2003 Currently, the overgrown shrubs and brush are my only "protection" against headlights beaming directly into my backyard. These overgrown shrubs and bushes are definitely an -1 if eyesore to not o y myse , but to neighbors and general traffic. A six-foot privacy fence is necessary, and will provide me with the privacy I need, plus make the area look much better without interfering with Rebsamen Park Road or Riverdale Road traffic. Beginning this month, I'm clearing the brush and overgrown shrubs that currently exist on all sides of my property, sodding and landscaping my yard and improving the overall aesthetics of my property. This will benefit the City, Illustration A: Riverdale Road is perpendicular to Rebsamen Park Road. Thus, oncoming vehicle headlights are exactly perpendicular to the backyard of 1718 Iris Avenue. myself, and my neighbors as property value in the Riverdale area continues to increase as never before. Please continue to the next page for my closing. 1718 Iris Avenue Little Rock, AR 72202 Page 2 of 4 June 26, 2003 In closing, the 25 -foot setback line, shown in Illustration B (below), would sacrifice over half of my backyard. RE Current chain link Illustration B 1718 Iris Avenue Little Rock, AR 72202 Page 3 of 4 June 26, 2003 As shown in Illustration C1 and C2, others on Iris Avenue already have six-foot privacy fences erected. Their fences are on the same property line as my current chain link fence. I feel as though I should be able to do the same. Especially considering that Riverdale Road is perpendicular to my backyard; I am the only resident on Iris Avenue that must tolerate the headlights shining into my backyard, which will only become worse after I clean up the overgrown shrubs, etc. that currently exist there. I want to improve the visual aesthetics of the area by landscaping and cleaning up overgrown shrubs, and I require a six- foot privacy fence instead of a four - foot fence iid the property line, not the 25 -foot setback line. Board of Adjustment members, thank you for reviewing my proposal, and I ask that you approve my request for a zone variance on the above discussed property. Sincerely, James R. Gilliam, Ph.D. Candidate 1718 Iris Avenue Little Rock, Arkansas 72202 501.663.6222 jim@jrgsolutions.com Mustrations C1 & C2 1718 Iris Avenue Little Rock, AR 72202 Page 4 of 4 June 26, 2003 July 28, 2003 ITEM NO.: 15 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT a Public Works Issues: Z-7446 Kelly Diann Newberg 301 Beechwood Street Lot 13, Block 1, Elmhurst Addition R-3 Variances are requested from the area provisions of Section 36-156 to allow construction of an accessory garage structure. The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential 1. Remove fence from right-of-way or obtain a franchise agreement from Public Works (John Barr, 371-4646). B. Staff Analysis: The R-3 zoned property at 301 Beechwood Street is occupied by a two-story frame single family residence. There is a small metal storage building located at the northeast corner of the property. There is an alley right-of-way along the east property line. The applicant proposes to remove the existing metal storage building and construct a new 24 foot by 30 foot garage structure (one story) at the southeast corner of the property. The structure will be located five (5) feet from the south ("B" Street) property line and two (2) feet from the east (alley) property line. The garage structure will have a garage door on its south side, with vehicular access from "B" Street. July 28, 2003 ITEM NO.: 15 (Cont. Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum street side yard setback of 15 feet for accessory buildings. That same section allows a maximum accessory building coverage of 30 percent of the required rear yard (rear 25 feet). Therefore, the applicant is requesting a variance from these requirements. As noted previously, the proposed structure will be located five (5) feet from the south street side property line. Additionally, the proposed structure will cover approximately 55 percent (690 square feet) of the required rear yard. Staff is supportive of the requested variances. Staff feels that the variances are reasonable and the proposed structure will not be out of character with other accessory structures in this neighborhood. According to the survey provided by the applicant, the edge of pavement for "B" Street is located approximately 14 feet from the south property line of this lot. With the five (5) foot setback proposed, this will allow approximately 19 feet of maneuvering area between the garage structure and "B" Street, which should be sufficient. Staff feels that the proposed structure 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 a building permit being obtained for the accessory structure, and conformance with the Public Works Comment as noted in paragraph A. of this report. BOARD OF ADJUSTMENT: (JULY 28, 2003) 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 June 24, 2003 Board of Adjustment Little Rock Department of Planning and Development 723 West West Markham Street Little Rock, AR Re: Request for variance 301 Beechwood Street, Little Rock, AR 72205 Property owned by Kelly Newberg Dear Board of Adjustment: I am respectfully submitting this variance request to facilitate the construction of a two -car garage (described below) on my property in the Hillcrest area of Little Rock. I have prepared this packet to detail the request for allowances to the following two ordinances: 1. Placement of structure within the 15 foot set -back from the south property line bordering `B" Street. I wish to place the structure 5 feet back from the property line on the south edge of the property. 2. Coverage of more than 30% of the area at the back boundary of the property. I wish to build a structure measuring 24 feet by 30 feet. Brief description of proposed structure: The structure is planned to be a two -car garage with entry from the south boundary of the property via. `B" Street through a 20 -foot overhead garage door. I wish to extend the back of the garage an additional 10 feet past a "normal" garage size to compensate for the lack of storage available in the 1920's frame house on the property, while allowing ample room for projects. This would yield a structure with dimensions of 24 feet by 30 feet. I have retained the services of a licensed (#0097520502) Arkansas Residential Building Contractor to build the structure. The structure would consist of 2x4 framed walls on a 16" center placement with a 7" 12 truss roof system covered by fiberglass shingles to match replacement roof planned for main house. Exterior walls would be finished out with white 5 -inch dutch lap vinyl siding to coordinate with house trim. This structure would sit on a concrete slab with a concrete driveway to provide entrance via `B" Street. Three windows, and steel french doors on the west -side of the structure would tie the structure to the landscaping and provide access to the back yard. A review of the property will show an existing oak tree on the southeast corner of the property. Conversations with the electric company have resulted in an interest to remove this tree due to its proximity to power lines serving the neighborhood. Neighbors bordering my property are in agreement with this. In studying the surrounding properties and visiting with my neighbors, I would like to build a structure that provides off street parking, while complementing the existing style and structures on surrounding properties. I feel your approval of the requested variances would result in a building that is within my neighbors' expectations, is aesthetically pleasing and meets the needs of providing off-street parking in this area. I will discuss the variances requested below. Please see attached addendum for a comparison to surrounding properties. Allowance 1. Placement. I am requesting an allowance to locate this structure 2 feet within the east property line (off the bordering alley) and 5 feet back from the property line on the south side. My desire is to minimize the need for a lengthy expanse of concrete while modeling the structure after existing ones in the area. Additionally, my neighbors and I would prefer to preserve greenspace on the north of my property for additional gardening endeavors rather than placing a structure next to that boundary. One concern of the placement is access to the bordering alley. To my knowledge, only my neighbors (Matt Hawkins, property owner) on the north use this alley, as it is not cleared for through traffic. Matt and I have examined this corner to determine that the placement would provide ample visibility to safely access his property via the alley. I would like to refer to the properties detailed in the addendum to illustrate the visibility available through those alleys. Three of those properties are located closer to the streets and alleys, yet provide ample visibility. It is my observation that the alleys used for comparison see a higher level of traffic than the one bordering my property. Allowance 2. Size. I am requesting an allowance on the size of the structure permitted in this area of the property. The size of a standard garage (20 feet by 24 feet) permits parking for two vehicles. As mentioned earlier, I wish to add additional project and storage room not available in the original frame house located on the property. You may note on the survey that there is an existing metal storage building measuring approximately 10 feet by 14 feet. My request incorporates storage for the items in this unit, permitting me to remove this structure from the property, consolidating storage into the garage. I recognize the need to preserve greenspace by limiting the size of buildings. My plea is to balance this need with those of a growing, revitalized neighborhood. In comparison to other area properties, I believe this to be in line with existing properties detailed on the addendum. In closing, I am hopeful this application conveys the desire to work within the guidelines of the City of Little Rock with respect for the views of my neighbors. Respectfully submitted for review, Kelly Newberg Addendum to Variance Request for 301 Beechwood Street, Little Rock, AR 72205 t) toawal §W d 7E GdW_ '2- All Club Rd4. Rht Cc z 0 a ad Salo" t rwwood tar E' rMiste 0 ID Rd Rd Cantrell Rd AISOPP UZ_ d-% d2 0 AJIsopp -Pa ed� L A' Parkof ' E Oak Noo Edc I St tl CO CD Mark Kavanaugh Blvd .2 n SU awn -ca rn 05 EL g 0, awn '5F z !sZ L6 Ave zl� 3: Z Ow z —4- T — 4. c" Avern. S Riff •tr St z 55 199h, 0 w B st Zf' I B St E rn orrf'F�E.. _W . I . w A jj U7, 2! ' f ASt z 0 0 0 1 0 84 op" 0'�Y z Ca _j VV Markham St ' Z Ambulance DrOtolk St W 3rd St E State Delivery Dr w 0 W 4th Sl (0 W 4th St t Dwyer Drc. W, Capitol Ave -0' OW Shuffield Dr Cr W 7th St W 6th St m yr va CO C E 8 W 7th Cottage Dr W 7th St U) > U) Lamar - '- "0 " - - � Z5 0 V) - — C Maryland Ave Selected Properties & Structures: 65 (D = e, '( OW I Oth st C�' 301 Beechwood: NE int Beechwood & B Streets — W55 rj)� c) CD < 0: D8. 0 24 x 30 proposed 2) < WlIthSt CL C 1. 300 Ash: NW int N. Ash & B Streets Ca. cl, 15 x 30 a Ave Z:, W 12th 2. 301 N. Palm: NE int N. Palm & B Streets U) < 20 x 30 afavelte; Ave Cn C SI 3. 223 N. Palm: SE int N. Palm & B Streets asW 20 x 20 U) 13th Bit512 CT 4. 224 N. Palm: SW int N. Palm & B Streets 3 & 20 x 30 < 5. 300 N. Spruce: NW int N. Spruce & B Streets 24 x 20 t) toawal §W d 7E GdW_ '2- All Club Rd4. Rht Cc z 0 a ad Salo" t rwwood tar E' rMiste 0 ID Rd Rd Cantrell Rd AISOPP UZ_ d-% d2 0 AJIsopp -Pa ed� L A' Parkof ' E Oak Noo Edc I St tl CO CD Mark Kavanaugh Blvd .2 n SU awn -ca rn 05 EL g 0, awn '5F z !sZ L6 Ave zl� 3: Z Ow z —4- T — 4. c" Avern. S Riff •tr St z 55 199h, 0 w B st Zf' I B St E rn orrf'F�E.. _W . I . w A jj U7, 2! ' f ASt z 0 0 0 1 0 84 op" 0'�Y z Ca _j VV Markham St ' Z Ambulance DrOtolk St W 3rd St E State Delivery Dr w 0 W 4th Sl (0 W 4th St t Dwyer Drc. W, Capitol Ave -0' OW Shuffield Dr Cr W 7th St W 6th St m yr va CO C E 8 W 7th Cottage Dr W 7th St U) > U) Lamar - '- "0 " - - � Z5 0 V) - — C Maryland Ave 65 (D = e, '( OW I Oth st C�' — W55 rj)� c) CD < 0: D8. 0 2) < WlIthSt CL C: 10th ;:z W F 2 w Ca. cl, 92 -11th St W 12th St U) < C Cn asW U) 13th CT VV 14th q, �;, Addendum to Variance Request for 301 Beechwood Street, Little Rock, AR 72205 Page 2 * 301 Beechwood: Proposed location of 24 x 30 1. 300 Ash Street: 15 x 30 W -d 00a kn: $t Ave' afyeite Avg cir St BSt ....0 2 lorfp 3 CD z View across alley looking west down south property line. Addendum to Variance Request for 301 Beechwood Street, Little Rock, AR 72205 Page 3 2. 301 N. Palm: 20 x 27 structure adjoins sidewalk. �1Yv+od)*n:s AvV Cd2 AVS �tl: f, St h Bit 2 c . z.:. z _ r 3. 223 N. Palm: 20 x 20 structure set -3 feet back from sidewalk; adjoins alley. Addendum to Variance Request for 301 Beechwood Street, Little Rock, AR 72205 Page 4 4. 224 N. Palm: 20 x 30 structure adjoins sidewalk. ij�r34Yl1. S- ," Ave Z . �'' a%ystte Ave cn:# B �t 2 J'* ci < 4 C ... ..... .., Z �. 5. 300 N. Spruce: 24 x 20 structure set 12 feet off street; —1 foot off alley. July 28, 2003 ITEM NO.: 16 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No issues. B. Staff Analysis: Z-7447 Jim Pagan 3900 Doral Drive Lot 22, Block 9, Pleasant Valley Addition R-2 A variance is requested from the building line provisions of Section 31-12 to allow a building addition which crosses a platted building line. The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential The R-2 zoned property at 3900 Doral Drive is occupied by a two-story frame single family residence. The property has an extreme slope downward from north to south. There is a two -car driveway from Doral Drive. Doral Drive is a public street which ends in a hammer -head turnaround immediately east of this property, and continues as a private street in front of this property and on to the west. The applicant proposes to construct a 21.2 foot by 16.4 foot building addition, which will close in the southeast corner of the existing structure. The proposed addition will cross a 25 foot side platted building line by approximately five (5) feet, at the southeast corner of the addition. Section 31-12(c) of the City's Subdivision Ordinance requires that building July 28, 2003 ITEM NO.: 16 (Cont.) line encroachments (variances) be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting a variance for the proposed building line encroachment. The applicant notes in the attached cover letter that the building addition is proposed in order to enlarge the home's existing kitchen. Staff is supportive of the requested building line variance. Staff feels that the proposed building line encroachment is reasonable, due to the irregular platted building line arrangement and lot shape, caused by the hammer -head turnaround at the end of the public section of Doral Drive. Only approximately 45 square feet of the proposed addition will cross the platted building line. The proposed building addition will have no adverse impact on the adjacent properties or general area. The lot to the east is located approximately 45 feet from proposed building addition. That lot is currently undeveloped and owned by this same property owner (Jim Pagan). If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the side building line for the proposed building 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 Recommendations: Staff recommends approval of the requested building line variance, subject to completion of a one -lot replat reflecting the change in the side platted building line as approved by the Board. BOARD OF ADJUSTMENT: (JULY 28, 2003) 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 June 26, 2003 Z'— 7 4 � 7 To: Board of Adjustment c/o Department of Planning and Development 723 W. Markham Little Rock, AR. 72202 From: Jim Pagan 3900 Doral Dr. Little Rock, AR. 72212 Re: Application For Residential Zoning Variance Please consider this my official request to the Board of Adjustment, Little Rock, Arkansas to grant me a zoning variance for my property and residence located at 3900 Doral Drive, Little Rock Arkansas (Lot 22, Block 9, Pleasant Valley Addition, Little Rock, Arkansas). My justification for applying for this variance is as follows: ® My house is located on an irregularly shaped, steeply sloped lot that is positioned at an angle, relative to a "hammerhead" turnaround facility that apparently defines the end boundary of the city -maintained portion of Doral Drive (please see plat). ® Extending west beyond the turnaround facility is Doral Private Drive that services numerous other residences. (This privately -maintained drive eventually intersects with EI Dorado Dr., which is also a city -maintained street.) Therefore, my house was originally constructed approximately parallel to this private drive as well as the northern boundary of my property. ® When the survey plat was developed for Lot 22, a 25' Building Line was defined that penetrates my property at an inconsistent angle from one part of the "hammerhead" into the area of my lot containing frontage to Doral Private Drive where my home structure is located (please see plat). ® In order to add value to my property, I wish to remodel my residence to include a much- needed kitchen enlargement. (This decision was made after much consultation with real estate agents and appraisers who advised that my kitchen facility was very undersized, relative to the remaining features of my home and in comparison to other homes in the Pleasant Valley subdivision.) After much consultation with a residential architect and various construction contractors, the floor plan for the proposed kitchen addition is defined by eastern and southern walls that align and are contiguous with existing structural lines of the house. (please see plat) This remodel addition plan provides for optimal structural as well as architectural integrity. ® Due to the irregular shape of my lot and inconsistent angle of Building Line penetration of the hammerhead turnaround facility relative to my existing home structure, it appears there will be a very slight overlap (estimate: 2-2'/2' feet) at the southeast corner of my planned edition. However, this slight overlap sharply diminishes as the Building Line angles away northward from the residence structure (please see plat). Therefore, due to the slight overlap of the current Lot 22, Block 9 plat Building Line with the southeast boundaries of my proposed kitchen addition, I respectfully request a zoning variance that will accommodate the dimensions of my remodeled residence. Thank you very much for your consideration. i J Pagan 900 Doral Dr. Little Rock, AR. July 28, 2003 ITEM NO.: 17 File No.: Z-7448 Owner: Mike Kuhn Address: 2001 Wellington Plantation Drive Description: Lot 1, Block 15, The Villages of Wellington Addition Zoned: R-2 Variance Requested: Variances are requested from the building line provisions of Section 31-12 and the area provisions of Section 36-254 to allow construction of a new residence with a reduced side yard setback, and which crosses a platted building line. Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: No issues. B. Staff Analysis: The applicant's justification is presented in an attached letter. Vacant Single Family Residential The R-2 zoned lot at 2001 Wellington Plantation Drive (corner of Wellington Plantation Drive and Wellington Village Road) is currently undeveloped and mostly tree -covered. The lot is relatively flat with very little slope. There is a 20 foot access easement along the rear property line for an existing rear access drive which serves this lot and the lots to the east. There is a 25 foot platted building line along both street frontages. July 28, 2003 ITEM NO.: 17 (Cont.) The applicant proposes to construct a new one-story single family residence on this lot, as noted on the attached site plan. The applicant is requesting two (2) variances for the proposed construction. The first variance is from Section 31-12(c) of the City's Subdivision Ordinance. This section requires that variances for encroachments over platted building lines be reviewed and approved by the Board of Adjustment. The proposed house crosses the side 25 foot platted building line (along Wellington Village Road) by 4.6 feet at the front corner of the structure, angling back and meeting the setback at the rear corner. The second variance requested by the applicant is from Section 36- 254(d)(2). This section requires a minimum side yard setback of eight (8) feet for this lot. The proposed house is located seven (7) feet from the interior side property line. Staff supports the requested variances. Staff feels that the variances are very minor in nature. Staff believes that the placement of the house as requested will have no adverse impact on the adjacent properties or the general area, and once constructed, the reduced side setbacks will go virtually unnoticed. The Public Works Department has reviewed the proposed site plan and approved the driveway location as shown. The applicant has submitted a letter from Winrock Development Company, the subdivision developer, approving of the house placement as shown. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the side building line for the proposed single family residence. 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 Recommendations: Staff recommends approval of the requested building line variance, subject to completion of a one -lot replat reflecting the change in the side platted building line as approved by the Board. BOARD OF ADJUSTMENT: (JULY 28, 2003) 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 -4�- / i --7414S To: The Board of Adjustment Members Subject: Variance for Lot 1, Block 15 Villages of Wellington We have purchased the Lot in the Villages of Wellington to build our house on. We specifically wanted this lotfor the house plan we already had drawn. We were very excited about getting the lot but now have realized that the corner lot has a 25 foot setback on both street sides which causes our house plan to not fit on the lot. We have spent a lot of money and time on this house plan and have tried ever possible way to fit it on the lot. We are asking your consideration in letting us cross over the building line in order for our house to fit_ Being very concerned about the appearance of our house, as well as the neighborhood, we know this will not cause any negative look to the neighborhood, if anything it will add to the beauty as we would be responsible for the lot all the way to the street. Thank you in advance for your consideration in this matter. Mike & Jamie Kuhn M&M Custom Builders. 07/02/03 15:10 l 1501 663 4456 WINROCK ENT. WDn INMaCK Deve'lopment' Company July 2, 2003 Mr.'Mohte Moore Planning and Development City of Little Rock Little Rock, AIS 72201 RE: LOT 1, BLOCK 15 TBE VILLAGES OF WELLINGTON LITTLE ROCK, ARKANSAS [�J 001/001 14,'--0_' -7 7 - 7 4Lkff Dear Monte: please let this letter serve as our approval of the plot plan as drawn and dated June 19, 2003, by Olen Dee Wilson foo Mice -Kuhn. We understand that there is an encroachment at the,southwest corner of the structure of approximately four (4) feet into the twenty-five (25) foot side setback requirement. Thank you for your consideration of this matter. Sincerely, WiNROCK DEVELOPMENT COMpANY Doug1 1 eil Executive ice President DJMcN:Jyw Enclosure M-irock ?dace, - Suitc 300 ■ 2222 Ccxtondale Lane * P.0, Box 6080 ■ Little Rock, AR 72203 * (501) 663-5340 • rax (5t� i) 663-4A56 July 28, 2003 ITEM NO.: 18 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No issues. B. Staff Analysis: Z-7451 Claude Carpenter 3300 S. University Avenue West side of S. University Avenue C-3 A variance is requested from the sign provisions of Section 36-530 to allow a mansard sign which does not conform to ordinance standards. The applicant's justification is presented in an attached letter. Restaurant Restaurant The C-3 zoned property at 3300 S. University Avenue is occupied by an existing Burger King restaurant. Interior and exterior remodeling was recently completed on the restaurant building. The remodeling included installation of a new blue metal mansard roof. During the installation of the new roof covering, the existing Burger King sign was removed from the mansard. The sign consists of individual lighted letters attached to a raceway. The sign was cleaned and reinstalled after the roof work was completed. The only change to the existing sign was the addition of a Burger King logo at one end. The sign was previously classified as "nonconforming" based on the fact that the face of the sign extended approximately 78 July 28, 2003 ITEM NO.: 18 (Cont.) inches from the mansard roof surface (as measured at the top of the sign). Section 36-530 of the City's Zoning Ordinance defines a "wall sign" as follows: "Wall sign means a sign attached parallel to and extending not more than eighteen (18) inches from the wall of a building. "Wall sign" includes painted, individual letter and cabinet signs and signs on a mansard." Typically when a business removes a nonconforming sign from a building to conduct maintenance (new roof, etc.), staff will allow the same sign to be reattached at the same location of the building once the maintenance is completed. However, in this case staff was not comfortable in doing so, based on the fact that additional sign area (round Burger King logo) had been placed at the end of the existing sign. Therefore, staff required that the applicant request a variance from Section 36-530 because the sign extends more than 18 inches from the mansard surface. Staff supports the variance request. The requested variance is very minor, as staff would have administratively approved the reinstallation of the sign had the new logo not been added. The new sign should have no adverse impact on the surrounding properties or general area. With the addition of the new logo the overall sign area remains less than 10 percent of the building fagade area. C. Staff Recommendations: Staff recommends approval of the requested sign variance, as filed. BOARD OF ADJUSTMENT: (JULY 28, 2003) 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 To: From: I" Allied Food Industries, Inc. DBA Burger Bing 3300 South University Ave. l<Attle Rock, AR 72204 Phone: (501) 568-2296 Fag: (501) 568-7410 City of Lithe Rock Board of Adjustment for Zoning Variance Jeffery Williams Allied Food Industries Inc. District Manager Sign Variance at 3300 South University June 26, 2003 To the Office of Planning and Development: Allied Food Industries Inc., dba Burger King is requesting a sign variance for the property at 3300 South University. We remodeled this restaurant in 2002 and spent in excess of $290,000.00 on the improvement of our facilities. During the remodeling the front Burger King sign was removed from the budding so the new blue metal roof could be installed. In March 2003, we hired Arkansas Sign and Neon to put the sign back up with the new logo attached at the beginning of the sign. We used the exact same raceway to hold the signage except it was painted. A sign permit was issued for this on March 4, 2003. We in no way intended to violate any city code and thought we were in total compliance at the time the sign was installed. On June 18, 2003 we were issued a courtesy notice by the code enforcement officer stating that the sign had to be removed within a period of ten days for being too far away from the building. The sign is approximately 78 inches from the top back to the roof We now know the code is for no more than 18 inches. In the attached pictures you can seethe sign looks great on the front of the building and is in no way in any harm or danger to the public at large. We hope that you will graciously grant us this variance. Removal of the sign would hurt our business. Removal or alteration of the sign would also incur expenses that we certainly did not budget into the remodeling Thank you for your time and consideration, ;� I �,� . '" District Manager Allied Food Industries Inc. 0 0 w w F- 0 Z LLJD 0 LL 0 M0 W Id Q 6, boll 1- F ly V q �I o� F - w LU E— Q O zw cr)Q Q <- w LL z(-)LLJ D D� m 1— LL m C7 Ke. Of WE VA 0 w z El LU Q I -A :A IQ �F V w F— O ui O Q Q Q w U m CU _J m U 12 LL m ry (D Q 6, boll 1- F ly V q �I o� F - w LU E— Q O zw cr)Q Q <- w LL z(-)LLJ D D� m 1— LL m C7 Ke. Of WE VA 0 w z El LU Q July 28, 2003 There being no further business before the Board, the meeting was adjourned at 2:59 p.m. Date: IPPS Chairman Secretary