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boa_12 22 2003LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES DECEMBER 22, 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 November 24, 2003 meeting were approved as mailed by unanimous vote. III. Members Present: William Ruck, Chairman Scott Richburg, Vice Chairman Fred Gray Terry Burruss Andrew Francis Members Absent: None City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA DECEMBER 22, 2003 2:00 P.M. I. DEFERRED ITEMS: A. Z-7537 9213 Tedburn Circle B. Z-7523 10,000 Yellowpine Lane NEW ITEMS: 1. Z -3459-G Mabelvale Plaza Drive at 1-30 2. Z -7087-A 3 Statehouse Plaza 3. Z -7318-B Northwest corner of East 2 I and Sherman Streets 4. Z -7440-A 1621 N. Jackson Street 5. Z-7553 40 West Windsor Drive 6. Z-7554 5510 Sherwood Road 7. Z-7555 511 Beechwood Street 8. Z-7556 206 Rosetta Street 9. Z-7557 4305 Cobb Street 10. Z-7558 33 Beverly Place 11. Z-7559 15 Montagne Court z Q I _,-/ ( ( j AI HHVd A3NOOH a SLIVIn Alp NW slmn up Alp Q) N N N W U Q) N W O O CQ December 22, 2003 ITEM NO.: A File No.: Z-7537 Owner: Jose Abel Rimirez Ribera Address: 9213 Tedburn Circle Description: Lot 204, Section "D", Merrivale Addition Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36-516 to allow a privacy fence which exceeds the maximum height allowed. Justification: Present Use of Property Proposed Use of Property: STAFF REPORT M Public Works Issues: No Comments. B. Staff Anal: The applicant's justification is presented in an attached letter. Single Family Residence Single Family Residence The R-2 zoned property at 9213 Tedburn Circle is occupied by a one- story brick and frame single family residence. There is a one -car driveway from Tedburn Circle which serves as access. The applicant recently constructed a six (6) foot high wood privacy fence along the entire north property line, extending from the northeast corner of the lot into the front yard and to the property's northwest corner. At the northwest corner of the lot the fence turns and runs three to four feet along the front property line. 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 a building setback line and a street right-of-way. Therefore, the applicant is requesting a December 22, 2003 ITEM NO.: A (Cont.) variance to allow the six (6) foot high wood fence between the 25 foot front platted building line and the Tedburn Circle right-of-way. Staff does not support the requested variance. A six (6) foot high opaque fence extending into the front yard of this property is out of character with the neighborhood. Staff did not observe any other opaque fences extending into the front yards of the residences along Tedburn Circle. Staff feels that the six (6) foot high fence has an adverse visual impact on the adjacent property to the north, as it extends into the front yard area. Staff believes that the portion of the fence within the front 25 feet of the lot should be reduced to a height of four (4) feet, which would conform to ordinance standards. C. Staff Recommendations: Staff recommends denial of the requested fence height variance. BOARD OF ADJUSTMENT: (NOVEMBER 24, 2003) Staff informed the Board that the applicant failed to complete the required notifications to surrounding property owners. Staff recommended that the item be deferred to the December 22, 2003 agenda. The item was placed on the Consent Agenda and deferred to the December 22, 2003 Agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (DECEMBER 22, 2003) Staff informed the Board that the applicant failed to complete the required notifications to surrounding property owners. Staff recommended that the item be deferred to the January 26, 2004 Agenda. The item was placed on the Consent Agenda and deferred to the January 26, 2004 Agenda by a vote of 5 ayes and 0 nays. 2 Southwestern Diocese of the Church of Christ (Holiness) U.S.A October 10, 2003 City of Little Rock Department of Planning and Zoning 723 West Markham St. Little Rock, AR. 72201-1334 -- A 2 -75? 7 Bishop Vernon E. Kennebrew Phone: 501- 376 -1664 13900 Edgemond Dr. Fax: 501-954-7277 Little Rock, AR. 72212 Email: Vkennebrew@aol.com RE: Request for Residential Zoning Variance in Not Reducing the Height of a Privacy Fence along the Property Line 9213 Tedburn Circle Little Rock, AR. 72209 To Whom It May Concern: I am requesting the privilege of extending a six foot privacy fence past the front of my house for the following reasons: 1) Noisy and non-cooperative residents in the house adjoining my property to the north 2) Disturbances due to coming and going of many vehicles and people during the day and throughout the night 3) There have been gunshots coming from this neighboring house that have entered into my tenant's daughter's bedroom. 4) Police have been called and have responded on a number of occasions and have made some arrests. 5) This fence will provide additional privacy and security for the residents of my house. Thank you for your consideration of this request. Sincerely, Vernon E Kennebrew December 22, 2003 ITEM NO.: B File No.: Z-7523 Owner: G & S Builders, Inc. Address: 10,000 Yellowpine Lane Description: Lot 75, Tall Timber West, Phase II Zoned: R-2 Variance Requested: Variances are requested from the area and building line provisions of Sections 36-254 and 31-12 to allow a front porch addition with a reduced setback and which extends across a platted building line. Justification: Present Use of Property: Proposed Use of Property STAFF REPORT G Public Works Issues: No Comments. B. Staff Analysis: The applicant's justification is presented in an attached letter. Single Family Residence (under construction) Single Family Residential A new single family residential structure is currently under construction on the R-2 zoned lot at 10,000 Yellowpine Lane. The property is located at the northwest corner of Yellowpine Lane and Timberland Drive. There will be a two -car driveway from Yellowpine Lane to serve as access to the property. There is a drainage easement along the north property line, and a 25 foot platted building line along the north and south property lines. The covered front porch of the new structure will extend approximately four (4) feet across the platted building line along Yellowpine Lane, for a front setback of 21 feet. December 22, 2003 ITEM NO.: B (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 variances for encroachments over platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance requirements. Staff is supportive of the requested variances. Staff feels that the proposed encroachment across the platted building line and the 21 foot front setback are reasonable. The unusual pie -shape of the lot with platted building lines along the north and south property lines provides a relatively small buildable area, as compared to other lots within this subdivision. Staff feels that the proposed front setback will have no adverse impact on the adjacent properties or the general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the front building line for the proposed porch 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 approval of the requested variances, subject to the following conditions. 1. Completion of an one -lot replat reflecting the change in the front platted building as approved by the Board. 2. The porch structure must remain unenclosed on the south, east and west sides. BOARD OF ADJUSTMENT: (OCTOBER 27, 2003) The applicant was not present. There were three (3) persons present in opposition. Staff recommended deferral of the item to the November 24, 2003 Agenda since the applicant was not present. A motion was made to defer the item to the November 24, 2003 Agenda. The motion passed by a vote of 5 ayes and 0 nays. The application was deferred. Gary Rogers opposed the deferral of the item and explained. Staff noted that the applicant would be given the phone numbers of the persons present and directed to have a meeting with them to discuss their concerns. There was a brief additional discussion of the deferral issue. 2 December 22, 2003 ITEM NO.: B (Cont.) BOARD OF ADJUSTMENT: (NOVEMBER 24, 2003) Bill Greenwood was present, representing the application. There were two (2) objectors present. Staff presented the item with a recommendation of approval. Bill Greenwood addressed the Board in support of the application. Chairman Ruck asked Mr. Greenwood if he was the builder. Mr. Greenwood stated that he was and had built approximately 50 homes in this subdivision. Chairman Ruck asked if the proposed home layout was best for the lot. Mr. Greenwood explained that it was the only way to fit the house on the lot, based on the irregular lot shape. He presented photos to the Board showing the house under construction. The photos were briefly discussed. Fred Gray asked if the house could be moved back. Mr. Greenwood stated that it could not be moved back and explained that a power pole was in the way. This issue was briefly discussed. Mr. Greenwood stated that the house would be more compatible with the neighborhood if it had a covered deck. Gary Rogers, president of the Tall Timber West Neighborhood Association, addressed the Board in opposition. He presented a petition of opposition to the Board. He expressed concerns with the type of people who would live at this location. He noted that the variances requested were against the neighborhood's bill of assurance. He noted that the house would have the appearance of being closer to the street than the other houses in the area. He noted that the new house would depreciate the value of other homes in the area. Chairman Ruck noted that a covered porch on the house would be an asset to the neighborhood. This issue was briefly discussed. Chairman Ruck asked Mr. Rogers if he would prefer a concrete porch with no cover. Mr. Rogers noted that he would not make a decision for the Board. Vice - Chairman Richburg noted that a building permit was issued for the house without a covered front porch. Staff noted that the footprint of the house conformed to ordinance standards and the construction was allowed to proceed. Kelly Hollis also addressed the Board in opposition. He noted that the house was constructed after the variance had been applied for. There was additional discussion related to the front porch issue. There was a motion to approve the application as recommended by staff. The motion was briefly discussed. Andrew Francis stated that he thought the variance was best for the neighborhood and explained. The Chairman called for a vote on the motion. The vote was 2 ayes, 2 nays and 1 absent. The application was automatically deferred to the December 22, 2003 agenda. N December 22, 2003 ITEM NO.: B (Cont.) BOARD OF ADJUSTMENT: (DECEMBER 22, 2003) Bill Greenwood was present, representing the application. There was one (1) person present in opposition. Staff presented the item with a recommendation of approval with conditions. Bill Greenwood addressed the Board in support of the application. He discussed the unusual shape of the lot and the distance the new house is located from the intersection of Yellowpine Lane and Timberland Drive. He presented photos of the property to the Board. He also presented photos of the same house design on another lot within the Subdivision. The photos were discussed. Terry Burruss asked if there was an architectural review committee for the subdivision. Mr. Greenwood indicated that there was not, but that he had a meeting with the neighbors and explained. Preston Johnson addressed the Board in support of the application. He noted that a porch on the house would be an asset to the neighborhood. Gary Rogers addressed the Board in opposition. He noted that a large number of neighbors were not in favor of the variances. In response to a question from Chairman Ruck, Mr. Rogers indicated that the majority of the people who signed the petition were against the variances. Chairman Ruck asked if the people in the neighborhood understood the issues. Mr. Rogers indicated that they did. Chairman Ruck noted that he thought the porch would be best for the neighborhood. There was a motion to approve the application as recommended by staff. The motion passed by a vote of 3 ayes and 2 nays. The application was approved. CI 2723 FOXCROFT SUITE 104 LITTLE ROCK, AR 72227 (501) 224-.2428 FAX: (501) 224-6742 September 25, 2003 City of Little Rock Planning and Development 723 West Markham Street Little Rock, AR. 72201-1334 RE: Application for Residential Zoning Variance To Whom It May Concern: :T74,0,- � -7< 3 G & S Builders, Inc. is requesting a residential zoning variance for 10000 Yellowpine Lane, Lot 75, Tall Timber West, Phase II an addition to the City of Little Rock, Pulaski County, Arkansas. According to the City of Little Rock, said property's front porch must be less than 12" above grade. The proposed house (see enclosed survey) would have to be at 28" above grade due to lot configurations, leaving approximately a 17" difference. In order to accommodate this difference, the builder would have to use three (3) risers at approximately 5 5/8" each, to equal the approximate 17" difference. Also, according to the enclosed survey, said risers, would therefore, eliminate the front porch entirely. As can be seen on the enclosed survey, the lot has some unusual configurations. The lot is very long and extremely narrow on one corner. The opposite end of said lot is slightly deeper, but due to easements and setback lines, is very limited as to nearly any proposed residence. G & S Builders, Inc., would like to propose a variance of 24" above grade versus the less than 12". This would allow for a 13' 6" wide X 5' deep covered porch with columns at enclosed elevation. This porch would be only approximately 3' 6" over the building line. With the 10' utility easement and the 25' building easement, said covered porch, would still be approximately 31'6" from the back of the street curb. This is more than the normal 25' building easement normally required. We ask you to please strongly consider this zoning variance. G & S Builders, Inc. has been a longstanding business in the community, and would like to continue providing affordable housing for all residence of the City of Little Rock. We appreciate. your time and consideration in this matter. Sincerely, 4G-' S Builders Inc. Bill Greenwood, President Sep 25 03 q'` 'Sp O1Ras 224 -Me f Fax 224-8742 2E C)M #2 I0-' k 10'-0" BED20C)m -3 !r-& x Io' -o. BATF -I >72 �. t7�d' x 5'•O' aeouoon� >=4 17-4'X 10'-V F`LArV tA 1479 -1 t; 3 ��-e—arW W9 POZD4 i�G0n1i PGQC=+ 5a na�5'be. a TC7 A;, J9S _-- This Plan is the Pmp" of G & S Buliders. Unauthorized use is ProhtbKdd, PATIO 13•-S x 10'{Y W.I.C. DEDROOM c A x DINING 'S-0' 5x. 17x0` X STCWAGE a i i5 --w x 3'a �! r-101 x c i0' X 11''-0' DOLSLE GARAGE 201a x W -s' r-^•----•---------------� t t + 1 a UVlh7G 7-t0• X to'•a• 2E C)M #2 I0-' k 10'-0" BED20C)m -3 !r-& x Io' -o. BATF -I >72 �. t7�d' x 5'•O' aeouoon� >=4 17-4'X 10'-V F`LArV tA 1479 -1 t; 3 ��-e—arW W9 POZD4 i�G0n1i PGQC=+ 5a na�5'be. a TC7 A;, J9S _-- This Plan is the Pmp" of G & S Buliders. Unauthorized use is ProhtbKdd, December 22, 2003 ITEM NO.: 1 File No.: Z -3459-G Owner: Mabelvale Plaza LLC, Mabelvale Plaza Phase II LLC, and Mabelvale Plaza POA LLC Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: Mabelvale Plaza Drive at Interstate 30 and Mabelvale Plaza Lane at Mabelvale Pike Mabelvale Business Park and Shopping Center C-3 Variances are requested from the sign provisions of Section 36-555 to permit ground -mounted signs which exceed the maximum size allowed. The applicant's justification is presented in an attached letter. Commercial Commercial 1. For traffic safety and pedestrian security, another location for Sign 1 on the 1-30 frontage road should be chosen. The proposed location is located too close to the curb and will require the removal of a street light. Locate out of the right-of-way at the back of the easement line. Do not remove street lights. B. Staff Analysis: The large C-3 zoned property south of Interstate 30 and east of Mabelvale Pike contains a multiple lot commercial development. There are two (2) banks and three (3) fast food restaurants located on the lots within the north portion of the property along 1-30. There is a restaurant and two (2) December 22, 2003 ITEM NO.: 1 (Cont.) commercial strip center buildings within the east portion of the property, adjacent to the Wal-Mart development. There is a new Home Depot store being developed within the southwest portion of the property. The remainder of the subdivision is undeveloped. Private commercial streets serve as access to the subdivision. There is an existing ground -mounted subdivision sign located near the northeast corner of the property which advertises businesses located within the two (2) strip commercial buildings in the eastern portion of the subdivision. The applicant proposes to install two (2) additional subdivision signs to advertise future commercial businesses which will be located within the interior lots of the subdivision. The first sign is proposed to be located at the corner of Mabelvale Plaza Drive and the I- 30 frontage road, within the access easement adjacent to the Pizza Hut property. The proposed sign will have a height of 30 feet and an area of 266 square feet. A sketch of the proposed sign is attached for Board review. The applicant notes that one (1) street light will be removed in order to install the new sign. The second sign is proposed to be located at the corner of Mabelvale Plaza Lane and Mabelvale Pike, near the new Home Depot location. The proposed second sign will have a height of 34 feet and an area of 400 square feet. A sketch of this proposed sign, along with a site plan showing the proposed sign locations is also attached. Section 36-555(a)(2), of the City's Zoning Ordinance allows ground - mounted signs in commercial zoning districts to have maximum heights of 36 feet and maximum areas of 160 square feet. Therefore, the applicant is requesting variances to allow the two (2) signs to exceed the maximum area allowed by ordinance. Staff does not support the application, as submitted. Staff has no problem with the 266 square foot sign proposed at the corner of Mabelvale Plaza Drive and 1-30. Staff feels that the proposed sign area is reasonable and will not be out of character with this general area along 1-30. However, Public Works does not approve of the sign location. Public Works feels that for public safety reasons, the sign should be moved back further from the private street curb and the existing street light should not be removed for the sign installation. Staff does not support the variance associated with the proposed larger sign at the intersection of Mabelvale Plaza Lane and Mabelvale Pike. Staff feels that this sign is too large for the area. Staff could support an identical sign to the one proposed at Mabelvale Plaza Drive and 1-30 for this second location. There is a new Home Depot sign located across 2 December 22, 2003 ITEM NO.: 1 (Cont.) Mabelvale Plaza Lane from the proposed second sign. Staff feels that the 400 square foot sign as proposed would not only detract from the Home Depot sign, but also be out of character with the other signs in the area. C. Staff Recommendations: Staff recommends denial of the application, as filed. BOARD OF ADJUSTMENT: (DECEMBER 22, 2003) Greg Mueller was present, representing the application. There was one (1) person present in support. Staff presented the item, noting that the applicant had revised the application, reducing the area of sign #2 (corner of Mabelvale Plaza Lane and Mabelvale Pike) to 310 square feet. Staff recommended denial of the revised application. Greg Mueller addressed the Board in support of the application. He described the streetlights along Mabelvale Plaza Drive, noting that they exceeded the number required by City Ordinance. He described the area between the curb of Mabelvale Plaza Drive and the Pizza Hut property line. He noted that sign #1 could be set back further from the street curb, with the sidewalk being routed around it. He noted that sign #2 was located back farther from 1-30, and therefore needed to be larger. He noted that sign #2 could be reduced to 310 square feet and explained. Fred Gray asked if sign #1 were moved farther back from the street curb, where would it be located. Mr. Mueller noted that it would be near the middle of the sidewalk. He indicated that the application would be revised to move sign #1 farther back from Mabelvale Plaza Drive. There was a general discussion related to the sign variances. Chairman Ruck noted that he had two (2) cards from persons in support of the application. Janet Berry addressed the Board in support of the application. She noted that a large number of existing tenants within the commercial subdivision do not have individual ground signs. She stated that removal of the streetlight should be no issue. She explained that signs along interstates needed to be larger than signs along other city streets. She noted that the area was in need of economic development. Fred Gray expressed concern with the proposed location of sign #1. He noted that he could support a sign area for sign #2 of something between 266 and 310 square feet. 3 December 22, 2003 ITEM NO.: 1 (Cont.) Mr. Mueller noted that he had comprised by reducing the size of sign #2 from 400 to 310 square feet and explained. There was a motion to approve the application with the following revisions: 1. The area of sign #2 is reduced to 310 square feet. 2. Sign #1 is to be moved farther back from the street curb of Mabelvale Plaza Drive, with the sidewalk being routed around it. The motion passed by a vote of 3 ayes and 2 nays. The revised application was approved. C! ASHLEY COMPANY COMMERCIAL REAL ESTATE DEVELOPMENT Lakewood Village Shopping Park • 2851 Lakewood Village Drive • North Little Rock, AR 72116 • 501-758-7745 November 20, 2003 ��- --4 / �- 4s q -6 Monte Moore Department of Planning and Zoning 723 West Markham Little Rock AR 72201 RE: Sign Variance at Mabelvale Plaza Shopping Center Dear Mr. Moore: Mabelvale Plaza Shopping Center (legal ownership consisting of Mabelvale Plaza, LLC, Mabelvale Plaza Phase II, LLC, and Mabelvale Plaza Property Owners Association, LLC) requests a variance to exceed the 160 sq. ft. sign restriction. The shopping center is an approximately fifty acre development. We currently have one Shopping Center directory sign at the Wal-Mart entrance, which serves the multiple tenant buildings (64,000 sq. ft.) facing Wal-Mart. We are seeking two additional directory type pylon signs to serve the additional proposed multiple multi -tenant buildings (possibly up to 200,000 sq. ft.) to be constructed in the remainder of the shopping center. The size of the development warrants multiple 160 sq. ft. signs. Our desire is to avoid clutter for tenants in the multiple tenant buildings by combining the sign space in larger signs. We request one sign of 266 sq. ft at the entrance of the I-30 frontage road and Mabelvale Plaza Drive (between Pizza Hut and Superior Federal), and one sign of 400 sq. ft. at the newly constructed intersection of Mabelvale Plaza Lane and Mabelvale Pike. Please find attached our application for zoning variance (signs). Sincerely, Gregg Mueller Director of Operations. December 22, 2003 ITEM NO.: 2 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 -7087-A BG Excelsior, LTD. 3 Statehouse Plaza Part of Blocks 79 and 80, Original City of Little Rock W A variance is requested from the development provisions of Section 36-342.1 to allow a ground -mounted sign. The applicant's justification is presented in an attached letter. Hotel Hotel The UU zoned property at 3 Statehouse Plaza is occupied by the Peabody Hotel facilities. The development includes a multi -story hotel building, with a large porte cochere in front of the hotel along West Markham Street. There is a landscaped area between the porte cochere and West Markham Street. The applicant proposes to install a ground -mounted sign within the existing landscaped area which will advertise a restaurant (Cappricio's) and bar (Mallard's Bar) located within the hotel building. The sign will have a height of approximately nine (9) feet and an area of approximately 20 square feet. The sign will have internal fluorescent illumination. December 22, 2003 ITEM NO.: 2 (Cont.) Section 36-342.1(c)(11). of the City's Zoning Ordinance, prohibits ground - mounted signs in the UU (Urban Use) zoning district. Therefore, the applicant is requesting a variance from this ordinance standard to allow the ground -mounted sign as described above. Staff is supportive of the requested variance. Staff feels that the request is reasonable, based on the relatively small size of the proposed sign. Given the location and size of the porte cochere structure, other types of signs (projecting sign, wall sign, etc.) would probably have very little visibility. Therefore, staff feels that a small ground -mounted sign as proposed is the best option for signage at this location. The proposed sign should have no adverse impact on the adjacent properties or the general area. Staff is unable to determine where the sign is located with relation to the front property line, based on the graphic information submitted by the applicant. The proposed sign must be located at least five (5) feet back from the front property line/right-of-way line, as measured to the closest edge of the sign. C. Staff Recommendations: Staff recommends approval of the requested variance, subject to the following conditions: 1. The sign will have a maximum height of 9'— 1" and a maximum area of 20.34 square feet. 2. The sign must be set back at least five (5) feet from the front property line. 3. A sign permit must be obtained for the proposed sign. BOARD OF ADJUSTMENT: (DECEMBER 22, 2003) Staff informed the Board that the applicant had requested the application be deferred to the January 26, 2004 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the January 26, 2003 agenda by a vote of 5 ayes and 0 nays. 2 j74, 4 7 - Quattlebaum, Grooms, Tull & Burrow -7 A PROFESSIONAL LIMITED LIABILITY COMPANY 111 Center Street Suite 1900 Jeb H. Joyce Little Rock, Arkansas 72201 (501) 379-1700 jjoyce@ggtb.com Telecopier (501) 379-1701 November 21, 2003 Writer's Direct Dial (501) 379-1758 Little Rock Board of Adjustment via HAND DELIVERY Department of PIanning and Development City of Little Rock 723 West Markham Street Little Rock, Arkansas 72201-1334 Re: BG Excelsior, Ltd./ The Peabody Hotel Application for Zoning Variance (Signs)Conditional Use Permit To whom it may concern: The Peabody Hotel ("Peabody"), owned by BG Excelsior, Ltd., is a hotel located at 3 Statehouse Plaza, in Little Rock, Arkansas. The intent of this letter is to respectfully request a variance to the Zoning Ordinance of the City of Little Rock, Arkansas, Section 33-342.1 (W urban use district). Only one sign is involved in this variance request. Section 36-342.1(c)(11) states "monument signs are not allowed." As you may be aware, a large porte cochere is located in front of the hotel, providing hotel guests a covered entrance to the hotel. The hotel wishes to place a sign on the property to advertise the restaurant located in the hotel, Cappricio's, as well as the bar located in the hotel, Mallard's. However, the existing structure practically eliminates the possibility of erecting wall signs or projecting signs. Therefore, we respectfully request a variance to erect a freestanding sign on the property. In connection with our application, please find enclosed three (3) copies of a Site Plan for the Peabody Hotel location. The Site Plan shows the proposed location of the Capriccio's/Mallard's sign. Also enclosed is a document showing the graphics and dimensions of the proposed sign. Thank you for your consideration and please call me if you have any questions or need additional information. Sincerely, QU BAUM, GROOMS, LL & URROW PLLC eb Enclosures December 22, 2003 ITEM NO.: File No.: Owner: Address: Z -7318-B City of Little Rock Northwest corner of East 2nd and Sherman Streets Description: South one-half of block bounded by East 2nd Street, Sherman Street, President Clinton Avenue and Commerce Street Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: UU Variances are requested from the sign provisions of Section 36-353 and 36-543 associated with signage proposed for a new parking deck. The applicant's justification is presented in an attached letter. Undeveloped Parking Deck The UU zoned property at the northwest corner of East 2nd Street and Sherman Street is the future site of a city -owned parking deck which will serve the First Security Center building and the entire River Market area. Foundation work is currently being done for the parking deck structure. The First Security Center multi -story building is currently under construction immediately to the north, along the south side of President Clinton Avenue. December 22, 2003 ITEM NO.: 3 (Cont.) In conjunction with the parking deck structure, three (3) signs are proposed. Two (2) roof -mounted signs and one (1) projecting sign are proposed. The roof -mounted signs are proposed to be mounted on the Commerce and Sherman Street frontages in the center of the building, above the roofline on top of the brick wall. The roof sign will have the text "River Market Parking". The third sign will be a projecting sign and have the text "Public Parking". It will be located on the Second Street side of the building above the public entry to the parking deck. It will have two (2) sides, with the same text on each side. The projecting sign will be a white metal sign, with channel letters painted blue inside with blue neon illumination. The arrow will also be a channel painted blue with blue neon illumination. The sign will be installed at least 13 feet above the driveway. With the recent revisions to the River Market Design Overlay District ordinance, neon is permitted on projecting signs. No movement, flashing or change of illumination level is permitted. Each neon sign will have a one (1) year maintenance review by City staff. Several variances are requested for the proposed signs as follows: Sec. 36-353.(c)(1)a. Except as permitted in subsection (b), the maximum sign height on a building shall not extend above the second floor windowsill or above the overhang of a single story building. Sec. 36-543.(7) Roof signs, or any sign that is not mounted on a vertical surface are prohibited signs. As noted previously, the roof -mounted signs are proposed to be mounted on the Commerce and Sherman Street frontages in the center of the building above the roofline on top of the brick wall. Sec. 36-353.(c)(2)a. Signs shall not exceed one quarter (1/4) of a square foot of sign area for each linear foot of primary street building frontage, not exceeding twenty-five (25) square feet per sign. These signs will measure 4' tall by 40' wide. These signs will cover approximately 160 square feet or 6.4 times the maximum of 25 square feet. 2 December 22, 2003 ITEM NO.: 3 (Cont.) • Sec. 36-353(c)(3). Letters shall not exceed one and one-half (1 %) feet in height. Individual letters will be channel letters painted blue inside with blue neon illumination. These will not be internally illuminated letters. The individual letters are 48" tall and are approximately 24" wide for the "R", 29" wide for the "M" and 10" for the "I". The letters are 48" tall or 2.6 times the maximum height of 18 inches. • Sec. 36-353(e)(1)b. Height of projecting signs shall not extend past the sill of the second story windows. This sign is proposed to be placed above the windowsill of the second story window. For this application, the window will be considered to be the open-air portion of the wall and the second floor will be considered to be the second level at the location at which the sign will be hung. Sec. 36-353(e)(1)c. Projecting signs shall extend a maximum of three (3) feet from the face of the building. The sign is proposed to extend 60" from the fact of the building. Mounting brackets are internal to the sign so that the sign face sits flush with the building. That projection is 24" or 66 percent over the maximum of 36" maximum projection. Sec. 36-353(e)(2)a. Projecting signs shall have a maximum of twelve (12) square feet of sign face per sign. The rectangular portion of the sign is proposed to be 60" X 25" for a total of 10.41 square feet. When the arrow is added, the total square footage is 13.94 square feet. That square footage is 1.94 square feet or 16 percent over the maximum of 12 square feet. There will also be neon artwork placed on the building. There will be a total of seven (7) neon rectangles to highlight the brick portions of the extension walls. The neon rectangles will stretch from the bottom of the second level open air space to the top of the sixth level open air space. This artwork will be illuminated in blue neon. Staff is supportive of the requested variances. The parking deck structure will be a non -pedestrian use, and therefore, signage has been designed to attract drivers from surrounding streets as well as the interstate. Lack of parking has been a big problem in the River Market District for some time, and the new parking deck will help alleviate the problem. Given the small overall size of the River Market District, staff feels that it is important to 3 December 22, 2003 ITEM NO.: 3 (Cont.) have signage which will direct drivers to the parking deck, and reduce vehicular traffic within the district as much as possible. Staff feels that the proposed signs will have no adverse impact on the surrounding properties or the River Market District. The River Market Design Review Committee met on December 2, 2003 and reviewed the proposed signage and requested variances. The Committee voted to recommend approval of the requested variances. A copy of the DRC letter of approval is attached for Board review. The Committee also approved the neon artwork as described previously. No Board of Adjustment action is required for "artwork". C. Staff Recommendations: Staff recommends approval of the requested sign variances, subject to sign permits being obtained for the signs. BOARD OF ADJUSTMENT: (DECEMBER 22, 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. CI WITTENBERG DELONY & DAVIDSON ARCHITECTS November 24, 2003-�- 3 Mr. Brian Minyard City of Little Rock Planning & Development 723 West Markham Little Rock, Arkansas 72201 RE: River Market Parking Deck- Signage Variance WD&D Project No. 02-023 Dear Brian: We are asking for a variance for three signs on the new River Market Deck. We propose two signs above the top level of the deck to read, RIVER MARKET PARKING on the East and West Elevations. We also propose a directional sign at 2nd Street above the deck entrance to read, PUBLIC PARKING. The signs at the East and West Elevation will be individual 4 foot tall and 40 feet long channel letters with exposed neon tubing. The letters will be attached atop the exterior wall similar to the River Market letters. The 2"d Street sign will be a two sided neon sign with 9 -inch letters and an arrow projected off the face of the building at the deck entry. The River Market needs additional parking and it is necessary to get the attention of highway traffic along 1-30 in similar fashion as THE River Market letters have been so successful in doing. Adding signage that matches the River Market would further establish the presence of the district and enhance the district's unique character. If you have any questions feel free to call me. Sincerely, WITTENBERG, DELONY & DAVIDSON, INC. Chad Young, AIA Principal Encl. 400 W CAPITOL AVENUE, SUITE 1800 LITTLE ROCK, AR 72201-4857 501/376-6681 5011376-0237 FAX L4-4, -- i - 7 -?4 -- 13 River s �� Market Greg Hart, Chairman Desigln Millie Ward, Member L Review Patty Wingfield, Member CommitteeTim Heiple, Member Shannon Jeffery -Light, Member Planning and Development • 723 W. Markham • Little Rock, Arkansas 72201 • 501-3714790 • fax 501-399-3435 December 12, 2003 Board of Adjustment 723 West Markham Little Rock, AR 72201 Re: River Market Parking Deck Signage Chairman and Members, The River Market DRC met on December 2, 2003 and reviewed the signage at Second Street between Commerce and Sherman for River Market Parking Deck Signage. The DRC did approve the signage. The final vote was 4 ayes, 0 noes and 1 absent. Thank you, Brian Minyard River Market DRC Staff KI December 22, 2003 ITEM NO.: 4 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 -7440-A Scott and Renee Rittelmeyer 1621 N. Jackson Street Lot 66 and part of Lot 67, Cliffewood Addition R-2 Variances are requested from the area provisions of Section 36-254 to allow a building addition with reduced setbacks. 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 detached garage structure located near the northeast corner of the property. On July 28, 2003, the Board of Adjustment approved a variance to allow a building addition at the northeast corner of the existing house with a reduced side yard setback (4 feet). Construction has begun on the building addition as previously approved. The applicant is now proposing to continue the building addition (one- story) toward the rear property line and tie it into the existing accessory garage structure. The proposed connection would be located two (2) feet December 22, 2003 ITEM NO.: 4 (Cont. further back from the side property line than the previously approved addition. Once the building connection is made, the accessory garage structure will become part of the principal structure. The existing garage has a side yard setback ranging from two (2) feet to 5.5 feet from the side (north) property line. The structure is located approximately six (6) feet from the rear (east) 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 R-2 zoned lot. Section 36-254(d)(3) requires a rear yard setback of 25 feet. These setbacks are required for principal structures. Based on the fact that the garage structure will become part of the principal structure after the connection is made, the applicant is requesting variances from these ordinance requirements. Staff is supportive of the variance requests. The connection the applicant proposes to make from the house to the garage structure is very minor in nature, and should have no adverse impact on the adjacent properties. The connection between the principal structure and the accessory building represents only approximately 75 square feet of floor area. The proposed building addition and connection does not change the overall massing of structures on this lot, as the variances are requested for the existing setbacks associated with the garage building. The proposed building addition will not be out of character with the general area. C. Staff Recommendations: Staff recommends approval of the requested variances, subject to the following conditions: 1. Guttering must be provided to prevent water run-off onto adjacent property (building addition and existing accessory building). 2. A building permit must be obtained for the construction. BOARD OF ADJUSTMENT: (DECEMBER 22, 2003) Staff informed the Board that the applicant had revised the application by reducing the size of the proposed room addition and not attaching it to the existing accessory building. Staff noted that the addition would be located 4.5 feet from the accessory building, and the only remaining variance was for a reduced separation (minimum 6 foot separation required). Staff recommended approval of the revised application, with the following conditions: E December 22, 2003 ITEM NO.: 4 (Cont. 1. Guttering must be provided (building addition only) to prevent water run-off onto the adjacent property. 2. A building permit must be obtained for the construction. The applicant offered no additional comments. The item (as revised) was placed on the Consent Agenda and approved as recommended by staff by a vote of 5 ayes and 0 nays. 3 CHRIS de BIN REMODELING November 20, 2003 City of Little Rock, Arkansas Department of Planning and Development 723 West Markham Little Rock, AR Re: Zoning Variance for Rittelmeyer Residence, 1621 N. Jackson Dear Board of Adjustments: -4- 4 -741-�O-14 On behalf of my clients, Scott and Renee Rittelmeyer, I am submitting a second Site Plan of the existing conditions and proposed addition to their residence at 1621 N. Jackson Street. The first site plan was submitted for discussion at the July, 2003 Board of Adjustment meeting. The first plan submitted in July asked for a wider addition than is shown on the attached plan, but the Board did not approve this width. Therefore, because the Rittelmeyer's were unable to get the necessary square footage via width, we are submitting plans to extend the length of the addition. By increasing the length, we will be attaching the addition to the existing carriage house. This attachment creates the necessity for a rear setback variance. On the attached plan, the carriage house is referred to as a garage. However, this structure is used as an entertainment area and guest bedroom suite. There is no kitchen and it is not used at all as rental property. p� z 0�� The ose of the addition is to create a dedicat�.d accessible master bathroom, closet and laundry room 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, we are requesting a rear setback variance to provide the necessary space to add a dedicated bathroom for the owners that is also wheelchair or walker accessible. I thank you for your time and trouble in this mattqr and for considering our request. rely,vvt Chris de Bin address: P.O. Box 250329, Little Rock, Arkansas 72225 phone: (501) 960-8711 (501) 663-3764 e-mail: cdebin@aristotle.net December 22, 2003 ITEM NO.: 5 File No.: Z-7553 Owner: M. E. Seckt LTD Co./ C. L. Clifton Address: 40 West Windsor Drive Description: Lot B, Brookwood Addition Zoned: R-2 Variance Requested: Variances are requested from the area and building line provisions of Sections 36-254 and 31-12 to allow construction of a single family home with a reduced front 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 Comments. B. Staff Analysis: The applicant's justification is presented in an attached letter. Vacant Single Family Residential The R-2 zoned property at 40 West Windsor Drive is currently an undeveloped single family lot. The site has been cleared, with some site work having taken place. The lot slopes severely downward from front to back (east to west). The lot backs up to the Hindman golf course. The applicant proposes to construct a one-story brick and frame single family residence on the property. A portion of the proposed residential structure will cross the front platted 25 foot building line. The front of the house will be located 16 feet back from the front property line. December 22, 2003 ITEM NO.: 5 (Cont.) Section 36-254(d)(1), of the City's Zoning Ordinance, requires a minimum front yard setback of 25 feet for residences in R-2 zoning. Section 31- 12(c), of the City's Subdivision Ordinance, requires that encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards. Staff is supportive of the requested variances, given the extreme slope associated with this single family lot. If this were a new subdivision, the lots with extreme slopes which back up to the golf course could be developed in conjunction with the hillside standards found in the City's Subdivision Ordinance. These standards include a 15 foot front building line. The proposed house would conform to the hillside standards. Additionally, the curve of the street at this location will help to give the appearance that the proposed house aligns with the houses along this side of the street. However, the curvature of the street could also have an adverse visual impact on the property owner immediately to the north. This is staff's only concern related to the proposal. Staff feels that the applicant should obtain a letter from the property owner immediately to the north agreeing to the proposed construction. Otherwise, staff feels that the proposed house will have no adverse impact on the general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the front building line for the proposed new 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 variances, subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. 2. A letter must be obtained from the property owner to the north agreeing to the proposed construction. BOARD OF ADJUSTMENT: (DECEMBER 22, 2003) Staff informed the Board that the applicant failed to complete the required notifications to surrounding property owners. Staff recommended that the item be deferred to the January 26, 2004 Agenda. The item was placed on the Consent Agenda and deferred to the January 26, 2004 Agenda by a vote of 5 ayes and 0 nays. K M. E. SENT LTD COMPANY 608 NAN CIRCLE LITTLE ROCK, AR 72211 Phone 501 765 2598 Fax 501-221-2598 Mr. Monte Moore Zoning and Enforcement Administrator -2 — -75 57 3 Department of Planning and Development City of Little Rock 723 West Markham St. Little Rock, AR 72201-1334 Dear Mr. Moore; We are requesting permission to cross the platted building line at #40 West Windsor Drive because of a steep drop in the lot. Thank you very much. Sincerely, C. L. Clifton Manager t December 22, 2003 ITEM NO.: 6 File No.: Owner: Address: Description: Zoned Z-7554 Lanette and James Beard 5510 Sherwood Road Lots 152, 153 and 154, Prospect Terrace Addition R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the fence provisions of Section 36-516 to allow a building addition with a reduced side yard setback and a brick wall which exceeds the maximum height allowed. Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential The R-2 zoned property at 5510 Sherwood Road is occupied by a two- story brick and frame single family residence. There is a small circular drive at the southwest corner of the property and a two -car drive from Edgewood Road which serve as access. The applicant proposes to construct a 15 foot by 20 foot sunroom addition (one-story) at the southeast corner of the existing residence. The addition will be located 37 feet from the front (south) property line and approximately six (6) feet from the side (east) property line. Section December 22, 2003 ITEM NO.: 6 (Cont. 36-254(d)(2), of the City's Zoning Ordinance, requires a minimum side yard setback of eight (8) feet, based on the fact that the house sits on three (3) platted lots with an average combined lot width of 90 feet. Therefore, the applicant is requesting a variance from this ordinance standard. Additionally, the applicant recently constructed a masonry wall around the perimeter of the site, as shown on the attached site plan. The brick wall varies in height, based on the slope of the property. The wall height ranges from approximately four (4) feet at the northeast corner of the property to approximately eight (8) feet at the northwest property corner. The majority of the wall is from 6 feet to 6 feet — 8 inches in height. Brick columns exist approximately every 12 feet and are two (2) feet higher than the wall height. Section 36-516(e)(1)a., of the City's Zoning Ordinance, requires that fences/walls located between a building setback and a street right-of-way have a maximum height of four (4) feet. Other fences/walls may be erected to a maximum height of six (6) feet. Therefore, the applicant is requesting a variance for the increased height associated with the newly constructed wall. Staff supports the side yard setback variance associated with the proposed sunroom addition. The setback variance is very minor, and will not be out of character with other structures in the neighborhood. The individual platted lots are approximately 50 feet in width, which would allow a five (5) foot side yard setback if the lots were developed individually. The sunroom addition should have no adverse impact on the adjacent property or the general area. Staff does not support the variance associated with the height of the newly constructed masonry wall. The wall was constructed without a permit or approval from the City. Staff feels that the portions of the masonry wall located between the building setbacks and the street rights- of-way are out of character with the neighborhood. These types of walls are not typical of the general area. Although staff has no problem with the interior wall heights (along the east side property line), staff feels that the wall sections located between the platted building lines and the street rights-of-way have an adverse visual impact on the adjacent properties. C. Staff Recommendations: Staff recommends approval of the requested side yard setback variance, subject to a building permit being obtained for the construction. Staff recommends denial of the requested fence/wall height variance. 2 December 22, 2003 ITEM NO.: 6 (Cont. BOARD OF ADJUSTMENT: (DECEMBER 22, 2003) Mark Stodola and Lanette and James Beard were present, representing the application. There were no objectors present. Staff presented the application with a recommendation of approval of the requested side yard setback variance and denial of the variance for increased wall height. Mark Stodola addressed the Board in support of the application. He noted that the height of the masonry wall varied based on the topography of the property and which side of the wall the height was measured. He described other fences/walls in the area which exceeded the maximum height allowed, and presented photos of these properties. He noted that the Beard's fence contractor walk off the job before it was finished. Chairman Ruck asked if any objection had been received from the neighbors. Mr. Stodola noted that there had been no objection and explained. Staff noted that one (1) phone call had been received from an adjacent neighbor who expressed no opposition. Terry Burruss asked what was on the property across the street to the west. Mr. Stodola noted that it was only wooded. The landscaping of the property was briefly discussed. Fred Gray asked about the contractors who had walked off the job. Mr. Beard noted that the contractor had moved. He stated that he thought the contractor had obtained all of the appropriate building permits. Terry Burruss asked if the wall caused a sight -distance problem at the corner of Edgewood and Wildwood Roads. Steve Haralson, of Public Works, indicated that it created no problems. There was a motion to approve the application. The motion passed by a vote of 4 ayes, 0 nays and 1 recusal (Francis). 3 H.B. STUBBLEFIELD (1907-1991) S. GRAHAM CATLETT MARKSTODOLA H. BRADLEY WALKER CHRISTIAN C. MICHAELS JOHN R. YATES JANAN ARNOLD DAVIS, P.A. PAUL CHARTON CATLETT & STODOLA A PROFESSIONAL LIMITED COMPANY ATTORNEYS AT LAW THE TOWER BUILDING, EIGHTEENTH FLOOR LITTLE ROCK, ARKANSAS 72201 TELEPHONE (501) 372-2121 FAX (501) 372-5566 E-MAIL littlerock@catlaw.com Please respond to: Little Rock Office November 17, 2003 Department of Planning & Development City of Little Rock ATTN: Board of Adjustment 723 West Markham Street Little Rock, AR 72201 RE: Variance request - Lanette & James Beard 5510 Sherwood, Little Rock, Arkansas Dear Members of the Board of Adjustment: 550 EDGEWOOD DRIVE MAUMELLE, ARKANSAS 72113 TELEPHONE (501) 851-7260 FAX (501) 851-3735 On behalf of James and Lanette Beard, I am submitting the enclosed request for a variance concerning their property located at 5510 Sherwood Road, in Little Rock, Arkansas. The owners of the property have built a brick fence (photographs enclosed) around the three lots comprising the subject property. At various locations the fence is less than six feet high and in certain instances, depending on which side of the fence you stand on, the fence is either six feet high or exceeds that height by approximately eight (8) inches. The posts between the fence are approximately twelve inches higher than the wall of the fence. The fence is very attractive and complimentary to the property and to the surrounding neighborhood. I would also note to the Board of Adjustment that a survey of other fences in the area indicates that several exceed the six-foot height as indicated in ordinance 36-516. Because of the sloping topography the fence, in certain locations, does exceed the exact requirement referenced in the ordinance. The Beard's also propose to construct a sunroom addition to be attached to the side of their home. The addition is proposed to be fifteen (15) feet by twenty (20) feet in size for a distance of approximately twenty feet out of the 260 feet which is the total length of their lots. This encroachment into the side yard set back is very small. The Beard's desire this addition to their home so they may fully enjoy the extensive landscaping of their yard and the southerly direction the addition will face. The Beard's also propose a small semi -circular addition to the existing fence so that it will conform with a mounted fountain on the wall which will face the interior of their property. Due to the irregular sloping topography and the proposed structural configurations for the sunroom, which will enhance the value of the property and allow the Beard's maximum exposure and enjoyment of their yard, we would respectfully request the variances as are indicated on our application. Should you have any further questions please don't hesitate to contact me. Most sincerely, CATLETT STODO A, PLC Mark Stodola MS:th Most Sincerely, CATLETT & STODOLA, PLC Mark Stodola December 22, 2003 ITEM NO.: 7 File No.: Z-7555 Owner: Kirsta Bolts Address: 511 Beechwood Avenue Description: Lot 9, Block 22, Pulaski Heights Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 to allow construction of an accessory building with a reduced separation and which exceeds the maximum rear yard coverage allowed. Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential The R-2 zoned property at 511 Beechwood Street is occupied by a one- story frame single family residence. There is an alley right-of-way along the east property line. A concrete slab is located near the northeast corner of the property where a garage/storage building once existed. The garage/storage building was torn down earlier this year as a result of damages it sustained when a tree fell on it during a storm. The applicant proposes to rebuild the accessory structure (slightly larger), to be used as a carport and storage. The structure will be located 7.5 feet from the rear property line, 3.5 feet from the side property line, and be separated from the principal structure by approximately five (5) feet. The December 22, 2003 ITEM NO.: 7 (Cont.) structure will cover approximately 490 square feet of the required rear yard (rear 25 feet). Section 36-156(a)(2)b., of the City's Zoning Ordinance, requires that accessory buildings be separated from principal structures by at least six (6) feet. Section 36-156(a)(2)c. allows accessory buildings to cover a maximum of 30 percent of required rear yards. This particular 50 foot wide lot would allow a maximum coverage of 375 square feet. Therefore, the applicant is requesting variances from those ordinance standards, in order to rebuild the accessory building. Staff supports the requested variances. Staff feels that the variances are reasonable. The proposed accessory building exceeds the minimum required rear and side yard setback requirements, and should have no adverse impact on the adjacent properties. The accessory building as proposed will not be out of character with other accessory buildings in the general area. C. Staff Recommendations: Staff recommends approval of the requested variances, subject to the following conditions: 1. A building permit must be obtained for the proposed construction. 2. The accessory structure must not exceed a height of one (1) story. 3. There are to be no separate utility meters for the accessory structure. BOARD OF ADJUSTMENT: (DECEMBER 22, 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. K -- i♦ r GLS //,L�`�LLGI/`I.C.LL' —��� �_—_•��4,�r cw „r3N CYC r ..r__ ._ d� t �XJ ell i i December 22, 2003 ITEM NO.: 8 File No.: Z-7556 Owner: Tom Lean Address: 206 Rosetta Street Description: Lot 7, Block 4, C. S. Stifft's Addition Zoned: R-3 Variance Requested: A variance is requested from the area provisions of Section 36-156 to permit an accessory building which exceeds the maximum rear yard coverage allowed. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The R-3 zoned property at 206 Rosetta Street is occupied by a one-story frame single family residence. There is a one -car shared driveway at the southeast corner of the property. There is an alley right-of-way located along the west property line. The applicant proposes to construct a 22 foot by 30 foot accessory garage structure within the rear yard. The garage will be accessed from the alley. The garage structure will be located three (3) feet from the side (north) property line and 6 to 7 feet from the rear property line. The proposed accessory structure will occupy approximately 550 square feet of the required rear yard (rear 25 feet). The applicant proposes to build the slab first, use it for parking, and construct the building within two (2) years. December 22, 2003 ITEM NO.: 8 (Cont.) Section 36-156(a)(2)c., of the City's Zoning Ordinance, allows accessory buildings to cover a maximum of 30 percent of required rear yards. This particular 50 foot wide lot would allow a maximum coverage of 375 square feet. Therefore, the applicant is requesting a variance from this ordinance requirement. Staff supports the requested variance. Given the fact that the proposed accessory building meets or exceeds all of the setback and separation requirements, staff views the request as reasonable. The proposed accessory building will not be out of character with other accessory buildings in the general area. Staff feels that the proposed 6 to 7 foot rear yard setback allows for better massing of the structures on this lot, as a zero (0) rear yard setback is allowed adjacent to an alley right-of-way, as is the case with the majority of the accessory buildings within this block. Staff feels that the proposed accessory building will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendations: Staff recommends approval of the requested variance, subject to the following conditions: 1. A building permit must be obtained for the proposed construction. 2. The accessory structure must not exceed a height of one (1) story. 3. There are to be no separate utility meters for the accessory structure. BOARD OF ADJUSTMENT: (DECEMBER 22, 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 Board of Adjustment, This is an application for a building permit and zoning variance pertaining to a residence located at 206 Rosetta St. in the Stift Station Neighborhood and owned by Thomas Lean. Proposed project is a multi -vehicle, detached garage to be located at the rear of the residence, along the alley. The garage will be thirty feet long by twenty-two feet deep, and requires a variance due to the fact that the structure will cover more than thirty percent of the back yard. The foundation of the garage slab also requires a variance because of the yard having excessive slope below the level of the alley at one corner which would require the use of foundation blocks to level the slab. Justification for seeking the variances also includes the fact that the property line at the south bisects the neighbor's driveway, which cannot be used by me for parking. The property does not currently have a parking area other than the street. Thank you for your time and consideration, Sincerely, Thomas Lean December 22, 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 Comments. B. Staff Analysis: Z-7557 Dorothy E. West 4305 Cobb Street Lot 8, Block 96, John Barrow Addition R-2 Variances are requested from the fence provisions of Section 36-516 to permit a chainlink fence (with barbed wire) which exceeds the maximum height allowed. The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential The R-3 zoned property at 4305 Cobb Street is occupied by a one story frame single family residence. There is a one -car driveway from Cobb Street which serves as access. There is an alley right-of-way located along the east property line. The applicant recently began installing a six (6) foot high chain link fence, with three (3) strands of barbed wire, around the perimeter of the lot. Part of the fence has been installed along the east property line, with metal fence poles set along the other property boundaries. The applicant notes in the attached letter that the fence is needed for security purposes. December 22, 2003 ITEM NO.: 9 (Cont.) 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. Section 36-516(d) reads as follows: "For purposes of this section the use of barbed, concertina wire or other types of wire specifically designed to inflict injury upon human contact is prohibited except when used at the top of fences at least six (6) feet above grade enclosing business or manufacturing premises. When such wire is used, it shall not extend outside the vertical plane of the enclosed property. Electrically charged fences are prohibited." Therefore, the applicant is requesting variances to allow the six (6) foot high chainlink fence within the front 25 feet of the lot, and to allow the use of barbed wire. Staff supports the variance to allow the six (6) foot high chainlink fence around the perimeter of the site, specifically within the front 25 -foot building setback. Chainlink fences enclosing front yards are fairly common within this general residential area. The fence, being of chainlink construction, should have no adverse visual impact on the adjacent properties. However, staff does not support the use of barbed wire on fences within residential areas. Staff feels that barbed wire should only be used in commercial and industrial areas, as it presents possible unreasonable hazards to persons, especially children, in residential neighborhoods. C. Staff Recommendations: Staff recommends approval of the requested fence height variance, subject to a permit being obtained for the fence construction. Staff recommends denial of the requested variance to allow the use of barbed wire. BOARD OF ADJUSTMENT: (DECEMBER 22, 2003) David West was present, representing the application. There were no objectors present. Staff presented the item with a recommendation of approval (with condition) of the fence height variance, and denial of the variance to allow the use of barbed wire. 2 December 22, 2003 ITEM NO.: 9 (Cont.) David West addressed the Board in support of the application. He explained the security issues associated with the requested fence with barbed wire. Terry Burruss noted that the top of the chain link could be turned up instead of using barbed wire. Mr. West stated that he had not considered that. He noted that the barbed wire represented a visual deterrence. Chairman Ruck asked if Mr. West's mother lived alone. Mr. West indicated that she did. Fred Gray stated that he was concerned with the applicant's safety, but did not support the use of barbed wire. There was a motion to approve the requested fence height variance, as recommended by staff. The motion passed by a vote of 5 ayes and 0 nays. The variance was approved. There was a second motion to approve the variance to allow the use of barbed wire. The second motion failed by a vote of 0 ayes and 5 nays. The second variance was denied. 3 VARANCE 4305 COBB ST -1 --4-- 9 ;F- 755 7 This neighborhood gets worse every year! Mom gets older. She is 80 now. She lives alone. She has been Raped once! Her car was stollen! Things disapear from yard or pourch all the time! Even I, am Fearful in this house! I have never been afraid of anything. I want to install a 6 ft Chain Link Fence ALL around. I need to put BARB WIRE on top, to stop anyone from climbing it. The height will awake it SAFE for little KIDS. I want to install a roll gate w/automatic opener, so Mom can open n close it, from the car. I think this is a necessary safety factor, to give Mom a feeling of SECURITY in her hoarse, for her next 20 years. Times are much Different Than they were 40 or 50 years ago when these restrictions were written. People are Meaner, more Prone to KILL for just a few Dollars! I want Mom to live as long as she can. December 22, 2003 ITEM NO.: 10 File No.: Z-7558 Owner: Patricia Butler Address: 33 Beverly Place Description: Lot 15 and part of the "Reserved" area, Beverly Place Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 to allow building additions with reduced setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The R-2 zoned property at 33 Beverly Place is occupied by a two-story brick and frame single family residence. There is a one -car driveway from Beverly Place which serves as access. There is an existing one-story detached garage/storage building at the northeast corner of the existing house. The applicant proposes to construct a one-story building addition at the southeast corner of the house to accommodate a screened -in porch, master bath and closets. This addition will be located five (5) feet from the side (south) property line. An unenclosed carport addition is also proposed at the northeast corner of the house. The carport will be set back 1.67 feet from the north side property line. The applicant is also December 22, 2003 ITEM NO.: 10 (Cont. proposing to make small additions to the front of the house and to the existing accessory building, as shown on the attached site plan. Section 36-254(d)(2) of the City's Zoning Ordinance, requires minimum side yard setbacks of seven (7) feet for this R-2 zoned lot. Therefore, the applicant is requesting variances to allow the five (5) foot and 1.67 foot side yard setbacks as described above. The proposed additions to the front of the house and the accessory building conform to ordinance requirements. Staff is supportive of the requested side yard setback variances. Staff feels that the request is reasonable, and that the proposed additions will not be out of character with the general area. Staff is supportive of the 1.67 foot side yard setback for the carport, as long as the structure remains unenclosed on the north, east and west sides. The house immediately to the north fronts on Longfellow Lane and has a rear yard relationship to the property at 33 Beverly Place. The existing house to the north is located 8 to 9 feet from its south property line, therefore, separation between it and the proposed carport structure should be no issue. The proposed additions should have no adverse impact on the adjacent properties or the general area. C. Staff Recommendations: Staff recommends approval of the requested variances, subject to the following conditions: 1. The 1.67 foot side setback for the carport shall include any overhang. 2. Guttering must be provided to prevent water run-off onto the adjacent properties. 3. The carport structure must remain unenclosed on the north, east and west sides. 4. A building permit must be obtained for all construction. BOARD OF ADJUSTMENT: (DECEMBER 22, 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 4 ayes, 0 nays and 1 recusal (Francis). E Yeary Lindsey Architects November 20, 2003 Mr. Monte Moore Department of Neighborhoods and Planning 723 West Markham St. Little Rock, AR 72201 RE: Zoning Variance Application for Butler Residence, 33 Beverly Place Dear Monte, We are requesting a zoning variance at 33 Beverly Place to allow an encroachment into the north and south side yard setbacks. Our proposed plan includes a one story one -car carport that encroaches 5.5 feet into the north side yard setback reducing it to 1.5 feet. This is necessary to provide the proper width for parking and entering the house under cover. Providing off street parking is extremely important on Beverly Place due to the narrowness of the street. Also included is a screened porch, master bath and closet addition to the southeast corner of the house that encroaches 2 feet into the south setback reducing it to 5 feet. This encroachment is mainly due to the south wall of the house not being built parallel to the south property line. We acknowledge the close proximity of the fence to the north, but feel the openness of the carport and the gabled roof design with gutters to the east and west mitigates any negative impact. We have also gabled the addition to the south, providing gutters on the east and west, to handle the rain runoff on our property. We also propose enclosing and additional 4.5 feet of the existing carport to provide more exterior storage. The existing carport encroaches 4 feet into the north setback, reducing it to 3 feet at that point. This is for convenience sake and should not have an increased negative impact on the existing situation. Thank you for your time and consideration. Sincerely, Carolyn Li s y, AIA 319 President Clinton Ave., Suite 201 Little Rock, AR 72201 501-372-5940 FX: 501-707-0118 December 22, 2003 File No.: Owner: Address: Description: Zoned: Z-7559 Jim Swink 15 Montagne Court Lot 60 (unrecorded), Montagne Court Addition R-2 Variance Requested: Variances are requested from the area and building line provisions of Section 36-254 and 31-12 to permit construction of a new single family house with a reduced front 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 Comments. B. Staff Analysis: The applicant's justification is presented in an attached letter. Vacant Single Family Residential The R-2 zoned property at 15 Montagne Court (Lot 60, Montagne Court Addition) is currently undeveloped, and grass -covered. There is a concrete access drive along the property's west boundary. There are several single family homes under construction within phase one of this subdivision. The applicant proposes to construct a new single family residence on this lot, as shown on the attached site sketch. The lot has a 20 foot front platted building line along the Montagne Court street frontage (north and December 22, 2003 ITEM NO.: 11 (Cont.) east property lines). The proposed house crosses the platted building line at two (2) corners. These two (2) corners will be located approximately 15 feet back from the front property line. Section 31-12(c), of the City's Subdivision Ordinance, requires that proposed encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Section 36-254(d)(1), of the City's Zoning Ordinance, requires a minimum front yard setback of 25 feet. The Little Rock Planning Commission approved variances from this ordinance standard (with the preliminary plat) and allowed 20 foot platted front building lines for this subdivision. Additionally, the Commission allowed five (5) foot side yard setbacks. Therefore, the applicant is requesting a variance to allow the building line encroachments and an additional variance to allow the 15 foot front building setback. The proposed structure meets the required rear and side yard setbacks. Staff is supportive of the requested variances. The lot has an unusual triangular shape, which limits the amount of buildable area when providing the required side and rear yard setbacks. Only approximately 30 square feet of the overall structure encroaches across the platted building line, given the fact that the encroachments have a corner relationship with the building line. Staff feels that the requested variances are very minor in nature, and will have no adverse impact on the adjacent properties or general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the front building line for the proposed new 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 variances, subject to completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. BOARD OF ADJUSTMENT: (DECEMBER 22, 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 12/10/200: :45 6211668 WHITE DATERS 'AGE 02 ® WHITE - DATERS & ASSOCIATES, INC. 24 Rahling Circle Utde Rock, Arkansas 72223 December 10, 2003 Mr. Monte Moore, Zoning Administrator City of Little Rock Planning Department 723 W, Markham St Little Rock, Arkansas 72201 RE: Montagne Court Mr. Moore, Jim Swim:; the developer of the above referenced project would like to request a front setback variance for Lot % I have attached a plot plan showing the footprint of the house and the areas of encroachment. The lot is odd -shaped and falls within a long curve. The area in which we are requesting the variance does not have another lot directly across from it. There is a larger tract of land that backs up to this subdivision. This property is developed and there is a large distance berwee:l this lot and any existirg structure. Please place this item on the next available Board of Adjustment hearing. Do not hesitate to call should you have any questions or require additional information. Your help in this matter is greatly appreciated, .4eWga,nd,its,,� eJz�� CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING • C�7 a� c 0 �a Q c (D a� N� z Q CO m Q z w CO � co a J aw z 0 LU Lu 2 0 0 W �zF-0U)Q Z Q W (D J_ 11J zcnLr ��Z) Q m � U 5 F- LL m C7 of of O U w w O 0 H z � w E 0 F - Q LL O Q O 00 W Q 0 a� c 0 �a Q c (D a� N� z Q CO m Q z w CO � co a J aw z 0 LU Lu 2 0 0 W �zF-0U)Q Z Q W (D J_ 11J zcnLr ��Z) Q m � U 5 F- LL m C7 of of i 0 � � • 0 V N W� o 0 Q�L Q LU (7 J _ m U Z :Dm W >- = Y �[ifi m Of (7 cf of a� c 0 �a Q c (D a� N� z Q CO m Q z w CO � co a J aw z 0 LU Lu 2 0 0 W �zF-0U)Q Z Q W (D J_ 11J zcnLr ��Z) Q m � U 5 F- LL m C7 of of December 22, 2003 There being no further business before the Board, the meeting was adjourned at 3:25 p.m. Date: 2GZ,�9,0 21— Chairman Secretary