Loading...
boa_12 23 2002LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES DECEMBER 23, 2002 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 25, 2002 meeting were approved as mailed by unanimous vote. III. Members Present: William Ruck, Chairman Fred Gray, Vice Chairman Terry Burruss Andrew Francis Scott Richburg Members Absent: None City Attorney Present: Stephen Giles LITTLE ROCK BOARD OF ADJUSTMENT AGENDA DECEMBER 23, 2002 2:00 P.M. I. DEFERRED ITEMS: Z -2379-A A. Z -4518-A 8711 Shelly Drive B. Z -6774-A 5513 S. Grandview Road C. Z -5943-A 5713 Kavanaugh Blvd. D. Z-7318 521 President Clinton Avenue E. Z-7320 7 Southmont Circle NEW ITEMS: 1. Z -2379-A 4321 Country Club Blvd. 2. Z-7329 #9 Raleigh Lane 3. Z-7330 3209 Katherine Street 4. Z-7338 7312 Debbie Drive 5. Z-7339 9124 West 46th Street 6. Z-7341 1212 Scott Street 7. Z-7342 5119 Sherwood Road 8. Z-7343 5224 "0" Street 9. Z-7344 #1 Chalamont Way zi NHOr simn Alo 01 SIM Alia N O O N C'7 N FOYM Q) E CD :3 u 4— O December 23, 2002 ITEM NO.: A File No.: Z -4518-A Owner: Harry and Joyce Butler Address: 8711 Shelly Drive Description: East side of Shelly Drive, approximately 150 feet north of Baseline Road Zoned: C-4 Variance Requested: A variance is requested from the fence provisions of Section 36-516 to allow a security fence which exceeds the maximum height allowed. Justification: Present Use of Property Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The applicant's justification is presented in an attached letter. Mini -warehouse development Mini -warehouse development The C-4 zoned property at 8711 Shelly Road is occupied by a two -building mini -warehouse development. There are two (2) access points from Shelly Drive. The property owner recently constructed a six (6) foot high chain link fence around the perimeter of the site (north, south and west sides), with taller support posts. The support posts were left taller based on the fact that the property owner would like to replace the six (6) foot high chain link with eight (8) foot high chain link, with additional security wire on top of that. Section 36-516(e)(2)a. of the City's Zoning Ordinance allows for the following fence heights in commercial zoning: December 23, 2002 Item No.: A (Cont.) "a. Between a required building setback line and a street right-of-way, the maximum height shall be six (6) feet. Other fences may be erected to a maximum height of eight (8) feet." Based on the fact that the fence as proposed will be well over eight (8) feet in height/with the security wire), the applicant is requesting a variance from this ordinance requirement. The majority of the fence will be located between the required 45 -foot front yard setback and the Shelly Drive right- of-way. Staff does not support the variance as requested. Staff does not feel that the fence as proposed, which will approach ten (10) feet in height with the security wire, is reasonable. Staff feels that placing security wire on top of the existing six (6) foot high chain link fence will provide adequate security for the mini -warehouse development. Therefore, staff would support a variance to allow the six (6) foot chain link fence with up to two (2) feet of security wire, for an overall height not to exceed eight (8) feet. Additionally, Section 36-516(d) requires that any security wire not extend outside the vertical plane of the enclosed property. C. Staff Recommendation: Staff recommends denial of the fence variance, as requested. BOARD OF ADJUSTMENT: (NOVEMBER 25, 2002) Staff informed the Board that the applicant requested that this application be deferred to the December 23, 2002 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the December 23, 2002 agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) The applicant was present. There were no objectors present. Staff noted that the applicant had amended the application. The applicant's amendment included a fence height of six (6) feet with security wire on top, for an overall height not to exceed eight (8) feet. Staff noted support of the amended application, subject to the following conditions: December 23, 2002 Item No.: A (Cont.) 1. The chain-link fence is to not exceed a height of six (6) feet, with security wire not exceeding an overall height of eight (8) feet. 2. The security wire shall not extend outside the vertical plane of the enclosed property. 3. A fence permit must be obtained. The applicant offered no additional comments. The item (as amended) was placed on the Consent Agenda and approved as recommended by staff by a vote of 5 ayes and 0 nays. 3 SulkweSINHU(S"fage PA ftx IM461 + Me Rock, AR 722-19 PbWe (501) 4112-7U4 * Fax JSM.) 47G-4401 October .2.3, 20,02 TO: L,.jtffe Rock Board ofAdjustment REFERENCE: AppficationFor A Zoning Vadance ; 1-l��'i- LEGAL DESCRI"ON: 8711 Sheikw Oiive, L_R : Souftand des =4:T of TR Lot 8 EXC 8,1.307 Dear Board Members: Ourgqpprtth �s. been the hold -UP locaffort fQr Illegal acWtty because of Ks ease.of accm. We are �tnfing improve the neighborhood by denying-accessibilfty to this area We amthus, forth:asking this, Board to cartsWer aflowing a Variance in tha Code= from a-6fdotfence 'tc) arr8.foutfence mit.Ore on. top. We feet. this will give. tr. the opportunity to prevrent efte. tothis neighborhood by. denying these hoWkmis on. area to . stage their adhAties from 4 a tpW.,!e of blocks away the new Post Office was allowed an. 8 fod! fence with wire, jfthe,Federal Government felt thfs was required to proted their prop" in the same neighborhood,. then. e. do. too. We respectfully ask for your consideration in this matter - Joyce Butler, omers December 23, 2002 ITEM NO.: B File No.: Z -6774-A Owner: William and Peyton Woodyard Address: 5513 S. Grandview Road Description: Lot 46, Grandview Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a carport/porch addition with reduced front and side yard setbacks, and which crosses a front 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. Single Family Residential Single Family Residential The R-2 zoned property at 5513 S. Grandview Road is occupied by a one- story brick and frame single family residence. A concrete driveway at the northwest corner of the property serves as access. The property slopes from the front building line downward to the east. The applicant proposes to construct a porch and carport structure on front of the house. The carport structure will extend 25 feet out from the house, across a 30 foot platted building line, and be set back five (5) feet from the front property line. The structure will have a four (4) foot setback from the side (north) property line. The applicant notes in the attached letter that the structure will be unenclosed on the north, south and west sides, and December 23, 2002 Item No.: B (Cont.) that the addition will have a flat or slightly angled roofline. The applicant states that the porch/carport addition is needed to provide covered access and parking for his family. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front yard setback of 25 feet, and Section 36-254(d)(2) requires a minimum side yard setback of eight (8) feet. Additionally, Section 31- 12(c) of the City's Subdivision Ordinance requires that any encroachment over a platted building line be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance requirements. Staff does not support the requested variances. Staff feels that the requested five (5) foot front yard setback will be out of character and not compatible with the other residential properties in this area, even though the applicant is proposing to leave the structure unenclosed on the north, south and west sides. As a result of an inspection of the area, staff observed no other single family properties in this immediate area which had intrusions into the front yard setback as proposed by the applicant. 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 addition. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends denial of the variances as requested. BOARD OF ADJUSTMENT: (OCTOBER 28, 2002) Bill and Peyton Woodyard were present, representing the application. There was one (1) person present in opposition. Staff briefly described the requested variances associated with the proposed carport/porch structure, with a recommendation of denial. Bill Woodyard addressed the Board in support of the application. He presented the Board with photos of the property with the proposed carport/porch addition noted on them. He noted that some of the notices to property owners within 200 feet of the site were late. Staff noted that the persons notified late indicated that they had no problem with the late notification. With a vote of 4 ayes, 0 nays and 1 absent, the Board waived their bylaws and accepted the late notification. 2 December 23, 2002 Item No.: B (Cont.) Mr. Woodyard described the proposed carport/porch structure and explained the reasons for requesting the variances. He explained the photos submitted to the Board. He discussed the setback of the proposed structure from the front property line and the street. He also described the proposed construction of the structure. He noted that the structure would have a low profile. He presented a petition of support from the surrounding property owners. Vice -Chairman Gray asked if a shorter structure which covered only a portion of the vehicles would work. Mr. Woodyard indicated that it might be a possibility. The issue was briefly discussed. Mrs. W. B. Sipes addressed the Board in opposition to the application. She stated that the carport/porch addition would not be compatible with the neighborhood and that it would decrease the value of her property. She also noted that the structure would cut off her view and make an existing drainage problem between the two houses worse. She noted that she has lived on the property for 40 years. Vice -Chairman Gray asked Mrs. Sipes if she would support a shorter addition which had the appearance of a porch. She indicated that she was opposed to any addition on this corner of the house. Chairman Ruck asked Mr. Woodyard if he had looked at putting the carport/porch addition on the southwest corner of the house. Mr. Woodyard noted that a carport structure at the southwest corner of the house would eliminate all of the trees in the front yard (4 large trees). Peyton Woodyard noted that the carport addition at the northwest corner of the house allowed the easiest access to the house. This issue was briefly discussed. Chairman Ruck asked about an apparent easement along the south property line. Staff noted that there appeared to be some sort of an easement along the south property line which served the property further to the east. The issue was briefly discussed. Andrew Francis noted that he did not support the requested variances, as the proposed structure is out of character with the neighborhood. Mr. Woodyard asked if a carport which extended 20 feet from the front of the house would be acceptable. Vice -Chairman Gray noted that he would like to see how the carport structure would work into the existing house. This issue was briefly discussed. Gary Langlais asked if an architect had done plans for the carport/porch addition. Mr. Woodyard stated that the plans were not yet ready. 3 December 23, 2002 Item No.: B (Cont.) Mr. Francis noted that he also had a problem with a shorter carport structure. Other alternatives to the proposed carport/porch structure were discussed. The issue of deferring the application was discussed. Vice -Chairman Gray asked Mrs. Sipes if she would support any type of addition to the front of the house. She noted that a circular drive would be a possibility. Vice -Chairman Gray stated that he would support a deferral and explained. The issue of deferral was discussed. Mr. Woodyard stated that he would like to defer the application. There was a motion to defer the application to the November 25, 2002 agenda. The motion passed by a vote of 3 ayes, 1 nay and 1 absent. BOARD OF ADJUSTMENT: (NOVEMBER 25, 2002) Staff informed the Board that the applicant requested that this application be deferred to the December 23, 2002 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the December 23, 2002 agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) Staff informed the Board that the applicant requested that this application be deferred to the March 31, 2003 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the March 31, 2003 agenda by a vote of 5 ayes and 0 nays. M B BILL & PEYTON WOODYARD 5515 SOUTH GRANDVIEW RD. LITTLE ROCK, AR 72207 W(501) 664-8044 H(501) 664-2753 September 27, 2002 Dept. of Planning & Development Board of Adjustments 723 West Markham Little Rock, AR 72201 Dear Sir or Madam: Attached, please find the required application and documents for making a request for a residential zoning variance. I am requesting this variance so that we can build a porch and carport to provide covered access and parking for my wife and expected twins. Currently, we have a 20 foot exposed walk through our yard to the parking pad. This house was built in 1975 with a one -car garage. Since that time, the garage was converted into a sitting area. When we purchased the home two years ago, the seller had removed the north/south walkway attaching the front walk with the driveway. The driveway was converted into a parking -pad 14 feet from the front of the house. Our plan is to build a covered front porch that extends from the front door to an open carport that is attached to the house and porch on the east side. Since the parking -pad starts 14 feet from the house, our cars currently extend 33 feet from the house. The new carport will only extend 25 feet from the house, bringing the cars to within five feet of the house and increasing the north/south line of sight by 8 feet. The porch and carport will be open on the north, south, and west sides, allowing a line of site through the structures. To limit the profile of each structure, the roofs of both will be flat or slightly angled into the roofline for drainage. Although this project will encroach on our front property line, there is an additional 13 feet to the street. This will help diminish the overall impression of the structures. Thank you for, this consideration. If I you have any questions or require additional information, please contact me. Sincerely; Bill Woodyard IV ,.,Qp{�7 IL 'mac �� a 4i��$� ��� �� ��'_-_`' �`a � n �"�>�a"s ' &� r� s 64 � -.''' Y • , . '�"r�.. t�� g' Yc�; a,E w.�;roa..� •rte ec�40-•.'` w 'P't3 so- �.` J 9 . ' °���"3.� � � � �i yt3 • y _..... B- . moo:' s: mi u , . ':�,�`•°r'.. rim.:.=-.'"t`c'.'.- ..- ... , .�. �.��;; _ •1 l y ,z 'AM dN n-Krl 5:4 ..... .... IN g,;a s3 ."a V- � v QL fig. -00- 4, Ilk -.; ' = = ` y , �� = �``�����-= ::'w'",.'.�'� F �;•'.€ .. mai' � ~•� Tti b.•� i.. M, - # <' _ be� � 5 • a } {.. y.,.'vv "•� �.. Svc '�t • • 74Z': ..y `ca:.� ,.sea -. •�- � B:F' .r`c .yam ' • . A o� RF,C Iii OCT 21L20072- BY: 1 2002 BY:, _ BILL & PEYTON WOODYARD 5515 SOUTH GRANDVIEW RD. LITTLE ROCK, AR 72207 W(501) 664-8044 H(501) 664-2753 We the undersigned understand and are dn.favor of the VV oodyard's plan to build a porch and carport at 5513 S. Grandview Rd. This new addition is a 10 foot covered front porch tl at extends from the front door to an open,. low profile, carport that is attached to.the house and porch on the east side but open on the north, south, and west sides. The carport will extend 25 feet from the house, leaving five feet to the property line and an additional 13 feet to the street, per the following diagram. We understand th t'appr�ova of`this variance will not establish a precedent for future neighborhoo tructures. 1-71F7 . 3 5 7 8 _c15 ro • `. N 1 5to�' t�rr�l� fi v " 1221 � 7 N - �''81cJy. ! 1r7d F-sTRE ET -->. _ NAME ADDRESS DATE Loa �� ��► d �4�� G�� r&�Lt/2. la �� �a6� NAME ADDRESS DATE /U, -,?7. aZ --Zr4// r I • � ! J R� � . �Q 1Y � R S.i •YV Q ��� �°�. UUL � q/ Gv �✓ %�, 21/wyl AL-�2�Pu. ems, uaz,, NOV 1 ?002 BY - Cake%✓ u�'`m.c�= ;%u�.✓��s-- December 23, 2002 ITEM NO.: C File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property Proposed Use of Property: STAFF REPORT n Public Works Issues: No Comments. B. Staff Analysis: Z -5943-A Fields -Williams Family Partnership 5713 Kavanaugh Blvd. South side of Kavanaugh Blvd., between Pierce and Fillmore Streets C-3 The request is to amend a previously approved parking variance (Spaule Restaurant) by removing a condition that limited the hours of operation of the restaurant. The applicant's justification is presented in an attached letter. Restaurant (dinner and Sunday lunch) Restaurant (lunch and dinner) The Board of Adjustment approved a parking variance for Spaule Restaurant at 5713 Kavanaugh Blvd. on February 13, 1995. The restaurant proposed to locate in a 2,200 square foot building which has no off-street parking, and was previously occupied by a retail establishment. Changing from a retail use to a restaurant use required that the applicant provide 15 off-street parking spaces. Therefore, the applicant filed a parking variance which was approved by the Board conditioned on the restaurant only being open 5:30 p.m. to 10:00 p.m. and Sunday 11:30 a.m. to 2:00 p.m. The hours of operation were proposed by the restaurant owner (amended application) at that time. December 23, 2002 Item No.: C (Cont.) The current restaurant owners, Shawna and Danny McGill, request to amend the previous approval by allowing the restaurant to open during the lunch hours. Please see the attached letter from the McGills, which explains their justification for the request. They feel that there has been a dramatic change in circumstances in the area since 1995. Staff does not support the requested amendment to the previously approved parking variance. Although staff supported the applicant's amended application in 1995, staff did not support the original submittal which included the restaurant being open during the lunch hour (see attached February 13, 1995 minute record). Staff recognized that there was a parking problem within this area of the Heights, which was a concern not only to staff but also to neighborhood residents and other business owners. To staff's knowledge, there has been no substantial change in the parking situation since that time. If the applicants can provide specific information showing that, "due to a drop in area traffic that the circumstances from then to now have changed dramatically," staff might have a different opinion of the situation. C. Staff Recommendation: Staff does not support the amendment to the previously approved parking variance. BOARD OF ADJUSTMENT: (NOVEMBER 25, 2002) Staff informed the Board that the applicant requested that this application be deferred to the December 23, 2002 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the December 23, 2002 agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) Staff informed the Board that the notices to property owners within 200 feet of the site were not completed as required. The Board determined that the item needed to be deferred to the January 27, 2003 agenda to allow the applicant time to complete the required notifications. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the January 27, 2003 agenda by a vote of 5 ayes and 0 nays. 2 L/J PA Members of the Board of Adjustments SU LE' Department of Planning and Development 723 West Markham Little Rock, AR 72201-1334 Dear Members, September 23, 2002 In reference to the parking ordinance in place for the area of 5713 Kavanaugh, we would like to apply for a variance for Spaule' Restaurant during the hours of 11:30 a.m. . to 1:30 p.m. Spaule' has been established at 5713 Kavanaugh for a period of seven years. During this time, we have had the opportunity to serve our patrons from all. over the state of Arkansas and the country. We have created a good rapport and have enjoyed working with the people of Little Rock as well as many dignitaries from abroad. We would also like to fulfill the city's need for fine dining during the lunch hour. Our customers, who are mostly successful business men and women, have expressed to us their desire for a place where they can bring business prospects or corporate executives to dine in style and prospectively gain that persons' business for their firm. This in tum will drive more revenue into the local economy. It is for these reasons that we submit our application to you at this time. We are aware of an application filed by the previous owner, Scott Swander, in 1995. We feel that due to a drop in area traffic that the circumstances from then to now have changed dramatically. We have been reviewing the parking availability in our area for the past two months and have concluded that there is more than ample parking to accommodate the volume of customers we can capacitate. Our neighboring merchants either have their own designated parking areas, or have a lull in customer base during that time because everyone is eating lunch in other parts of the city. We have attached the signatures of our neighbors for your review. They too have expressed a great desire for us to open for lunch to increase lunch hour business. Spaule' Restaurant has generated a huge amount of revenue for the Heights area and the city during our evening dining hours. This variance is sure to bring even more revenue not only for us, but to the neighboring merchants by bringing more consumers by their windows. We ask that you diligently consider our request for the variance. Any questions or suggestions you may have regarding this matter will be greatly appreciated. Please feel free to contact us at the number below. Respectfully, Shawna and Danny McGill Owner and Operators of Spaule' Restaurant 5713 KAVANAUGH BLVD. • LITTLE ROCK, AR 72207 • IN THE HEIGHTS • 501 -664 -FOOD • FAX 501-664-4041 February 13, 1995 -5 Item No A 13 4 C Yk File No_' 2-5943. Owner • Fields Family Ltd. Partnership Address:5713 Kavanaugh.Bivd. . Description• _ .....- --. .._ .. - ---- Lot 7,:Block 6, Mountain Park.. Addition .Zoned: C-3 variance Recruested: From the off=street parking. regulations of .Section 36-502 to permit a restaurant with no .on-site parking. The ordinance requires a 2,200 square foot restaurant to provide 22 on-site parking spaces.. Justification: As Is true of many of the-. Properties In the Heights Commercial 'District, the building occupies the entirety of ..the lot. There is noPortion.of the property, available for use a's parking. Present Use of property: Vacant commercial building Proposed Use of Prooerty: Restaurant FJ f Staff Remort• A. EngLneering Issues: ..The pavement adjacent,to the curb is cracked and sagging,. repair is recommended. B.: Staff Analvsis:. The applicant . . .. .. proposes .to locate a..restaurant .in_this._....__.._..........._.... existing;'2,200 square foot, C-3 zoned building... The restaurant will occupy a portion of a building which was formerly occupied by a retail shoe store. There is no on- site parking available and the occupant is requesting a variance from the ordinance Parking Requirements to allow the restaurant to occupy this former retail space. When the 2,200 square foot area was used as a retail shoe store, it had a -parking requirement of 7 spaces. This same square footage, when used as s restaurant, requires 22 parking spaces: The property, as is true of many in the -Heights commercial area, has a non -conforming s.tatus in relationship February -13, 1995' Item No, A (Cont ) to its parking requirement. If another retail use were proposed for this site, that non -conforming status would be continued and no parking. variance would be required. The increase in parking requirement generates the request for a variance. Section 36-506 of the Code of Ordinances states: When a building or structure erected prior to or after the effective date of this chapter shall undergo any increase in number of dwelling units, gross floor area, seating capacity, number of employees or other unit of measure used in determining required parking.facilities, and when the increase would result in a requirement for additional parking-fac- ities,. such additional facilities shall be accordingly, provided as a condition for obtaining a building Permit or privilege license. In computing the number of spaces required for such a building, however, only the increase in unit measure shall be considered. Based on this Section, the restaurant must provide for the increased requirement of 15 on-site parking spaces. Based on data submitted by the applicant, the restaurant..: will generate the following numbers for lunch and -dinner service: Lunch - 65 to 70 persons per day Dinner - 80 to 100 persons per day The restaurant will accommodate approximately 60 seats at one time. The issue of parking in the Heights -is of great--c-oncern -to staff, neighborhood residents and adjacent commercial uses. Staff recognizes that there is a shortage of available parking and is concerned about how this shortage affects not only existing businesses but proposed businesses as well. There is no easy solution to this dilemma. Until such time as this issue is addressed on a broader scope, staff feels that a more conservative approach must be taken when addressing the question of parking in the Heights. while it is true that many of the adjacent commercial uses are not open during this proposed restaurant's dinner hour (5:30 p.m. - 10:00 p.m.), and more parking would be available in the area, the additional traffic generated during the lunch hours (11:30-a.m.. - 2:00 p.m.) would only exacerbate an already difficult situation. 2 February 13, 1995 Item No.: A !Cont ) As such, staff cannot. support the requested parking variance. C. Staff Recommendation: Staff recommends denial of the requested parking variance.. BOARD OF ADJUSTMENT: (JANUARY 30, 1995) Scott Swander was present representing the applicant. There were no objectors present. Staff presented the item and a recommendation of denial. Staff also made reference to three letters which had been presented to the Board. One letter was in support of the variance from the Heights Merchants and Professional Association. Two letters were in opposition to. -the variance; one from Ron Tunnell, Attorney representing the owners of the property at 5717 and 5719 Kavanaugh Blvd. and one letter from Flake, Tabor, Tucker, Wells and Kelley, a property management company representing the owners of the Heights Theatre. at 5600 Kavanaugh, Harvest Foods at 5501 Kavanaugh and the commercial center at 1818 North Taylor. Mr. Swander presented a map of the area around the 5700 block of Kavanaugh Blvd. He pointed out the availability of 60 parking spaces, counting on street parking as well as some private, off- street.parking. Chairman Borchert asked what the seating capacity of the restaurant would be. Mr. Swander responded that the seating capacity would be approximately 60. After further discussion, Jeff Hathaway asked staff to give a history of the nonconforming status of parking in the Heights. Richard Wood responded by stating that the majority of the commercial area in the Heights was developed prior to the parking requirement being placed in the Zoning 'Ordinance 'in 1958 or 1959. Since that time, new commercial development has had to comply with the on-site parking requirement. Andrew Melton addressed the Board in support of the variance. He stated the Heights Merchants and Professional Association was concerned about businesses leaving the area and was in support of the proposed restaurant. Mr. Melton stated he did not understand the Board's opposition to granting the variance since there is parking available in the vicinity of the proposed restaurant. Dana Carney, of the Planning Staff, reminded the Board that the letters of opposition came from the owners of parking lots in 'the vicinity of'the proposed restaurant. Some of the parking which Mr. Swander.had indicated as available for use by the restaurant was in fact parking which is required by other businesses. K February 13, 1995 t Item No.: A (Cont.) Chairman Borchert stated that he was concerned about parking and traffic in the area. Jeff Hathaway asked how many neighborhood businesses were members of the Heights Merchants and Professional Association. Mr. Swander responded that nearly.100% of the businesses had membership in the Association. During the ensuing discussion, several board members indicated an inclination to approve the variance but also expressed concerns about the impact on neighboring businesses which have -on-site N parking. Paul Hickey then addressed the Board in support of the variance. Several board members then urged the applicant to try to find .a business with excess parking which would allow the restaurant to use some of its parking spaces. A motion was made to defer the item to the February 27, 1995 Board meeting to allow the applicant an opportunity to locate* some available -parking. The motion passed by a vote of 6 ayes, 0 noes, 2 absent and 1 open position. (NOTES TO FILE) After the January 30, 1995 Board meeting, the applicant approached staff with an amended application which limited the proposed restaurant's opening hours to only the dinner hours of 5:30 p.m. to 10:00 p.m. and a Sunday lunch from 11:30 a.m. to 2:0.0 p.m. In addition to amending the application, the applicant requested a special meeting of the Board. The reason being, if the applicant failed to get the approved variance by February 15, 1995, then the property would be up for lease consideration tri another party. Staff approached Chairman Borchert who gave approval to poll the Board members about a special meeting to review the amended application. After polling the Board members and receiving unanimous consent, a special meeting was set for February 13, 1995 at 1:30 p.m. BOARD OF ADJUSTMENT: (FEBRUARY 13, 1995) Scott Swander was present representing the applicant. There were no objectors present. Staff presented the item and advised the Board of the amended application which eliminated the restaurant's lunch hours. The hours of the.restaurant would be 5:30 p.m. to 10:00 p.m. and a Sunday lunch from 11:30 a.m. to 2:00 p.m. The applicant's reasoning behind the amended application is that most of the businesses in the immediate vicinity close by 6:00 p.m. and are not open at all on Sunday. Therefore, by eliminating the lunch hour, the proposed restaurant N February 13, 1995 ' Item No.: A (Cont.) should not create a parking conflict with the other businesses. Staff advised the Board that they agreed with this assessment and were offering a recommendation of approval of the amended application. Mr: Swander 'addressed the Board and confirmed the amended application. Chairman Borchert asked Mr. Swander if he had made contact with the.two individuals who wrote letters in opposition to the parking variance. Mr. Swander responded that he had spoken with both Mr. Wells and Mr. Tunnell and neither appeared to have any objections to the amended application. Chairman Borchert asked if.staff had received any comment on the item. Dana Carney, of the Planning Staff, responded that lette.rz had been sent to both Mr. Wells and Mr. Tunnell advising them o:f the amended. application and the February 13, 1995 Special Board meeting. Mr.. Carney stated that there was no response -to the letters. Chairman Borchert stated that he and other Board members had received a phone call in opposition.to the variance request from Sam Anderson -of the firm of Barnes, Quinn, Flake and Anderson. A motion:was then made to approve the amended application .for .a parking variance subject to the restaurant being open onlyfor the dinner hours of 5:30 p.m. to 10:00 p.m. and the Sunday lunch hours of 11:30 a.m. to 2:00 p.m. The motion was approved with a vote of .8 ayes, 0 noes and 1 open position. 5 3 • � / �� • SII ' October 16 2002 We, the below listed Heights business owners, believe it would be beneficial to our community for Spaule'•to open for lunch. The added revenue to the area would make it a welcome addition to our'shopping district. Name Business 1?aIQ;_ a L MARY HEALEY'S FINE JEWELRY October 18, 2002 Members of Board bf,A- Department of Planning & Development 723 West Markham" - Little Rock, AR 12202 Dear Members: 74,� C P4 I have learned that Spaule'. a neighbor. business is seeking permission to open- for lunch. I am very hopeful that this request is approved for I believe this addition to -the service for the area would definitely, be positive'for.the Heights neighborhood. I appreciate your time and consideration. I- anticipate your decision with great interest. A sincere "thank you" to each of you. I CERTIFIED <ZP GEMOLOOIST AMERICAN GEM SOCIETY 5600 Kavanaugh - Old Heights Theater Building * Little Rock, Arkansas 72207 (501) (501) ()61 -*9368 Fax- October 28, 2002 Members of Board of Adjustments Dept'of running and Development 723 W. Markham Little Rock, AR 72201 Dear Board Members, I am writing to express my support for the McGill's request to open their restaurant, Spaule, during daytime hours. An increase in Heights pedestrian traffic can only serve to benefit surrounding retailers like myself. I understand that a particular store owner has concerns regarding the parking situation; I do not share that concern. Street parking on Kavanaugh Blvd. is rarely full and I do not foresee any problems with parking. Please don't hesitate to contact me if you have any questions regarding this letter. Thank you. Sincerely, Melissa Rowland, Owner The Great Southern Sauce Company 5705 Kavanaugh Blvd. Little Rock, AR 72207 663-3338 RECEIVED OCT 8 120102 December 23, 2002 ITEM NO.: D File No.: Z-7318 Owner: G.S.J. Properties, LLC. Address: 521 President Clinton Avenue Description: Southwest corner of President Clinton Avenue and Sherman Street Zoned: UU Variance Requested: A variance is requested from the height provisions of Section 36-342.1 to allow construction of a new building which exceeds the maximum height allowed. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant office -warehouse building Proposed Use of Property: Mixed use building STAFF REPORT ITA 14 Public Works Issues: No Comments. Landscape and Buffer Issues: The Urban Use Zoning District requires one three-inch (3) caliper tree be planted along President Clinton Avenue and along Sherman Street for every 30 linear feet of street frontage. C. Staff Analysis: The property at the southwest corner of President Clinton Avenue and Sherman Street is zoned UU and contains a one-story brick office - warehouse building. There is a gravel parking area, with access from Sherman Street, along the south side of the building. The building and parking occupy approximately one-fourth of the block. December 23, 2002 Item No.: D (Cont.) The applicants propose to remove the existing building and construct a new 14 -story building which will be called the "First Security Center". The new building will occupy the majority of this one-fourth block area, with future access to a parking deck which will be constructed on city property within the south one-half of the block. The proposed building will be occupied by a hotel, office use and residential condominiums. Please see the attached cover letter for a more complete project summary. Section 36-342.1(e) of the City's Zoning Ordinance allows a maximum height in the UU District of five (5) stories or 75 feet, whichever is less. An additional two (2) stories is allowed for developments which provide at least 20 percent of the gross floor area as residential use. The applicant is proposing a 14 -story building, with a maximum overall height of 190 feet. Therefore, the applicant is requesting a variance from the UU District height allowance. Staff is supportive of the variance request. Staff feels that this mixed use development will be an excellent addition to the River Market District and an asset to the Downtown area. Staff feels that the proposed building height will not be out -of -character with the general area or have any adverse impacts. It will have the same height as the new Acxiom Building, located a few blocks to the south, which is nearing completion. The River Market Design Review Committee reviewed and approved the requested height variance at its November 4, 2002 meeting. The final vote was 4 ayes and 1 nay. The building facades, signage, awnings and any projections into the public right-of-way will require review and approval by the DRC at a later date. D. Staff Recommendation: Staff recommends approval of the requested height variance, subject to the following conditions: 1. The River Market Design Review Committee reviewing and approving all other applicable aspects of the building's design. 2. Compliance with the landscape requirement as noted in paragraph B. of this report. BOARD OF ADJUSTMENT: (NOVEMBER 25, 2002) The applicant was present. Staff informed the Board that the application needed to be deferred to the December 23, 2002 agenda due to the fact that two (2) of the four (4) Board members present had to abstain from voting on the issue due 2 December 23, 2002 Item No.: D (Cont.) to conflicts of interest, thereby resulting in no more than two (2) possible positive votes. The applicant offered no additional comments. The item was placed on the Consent Agenda and deferred to the December 23, 2002 agenda by a vote of 2 ayes, 0 nays, 1 absent and 2 abstention (Langlais and Francis). BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) Jimmy Moses and Rhett Tucker were present, representing the application. There were no objectors present. Staff presented the item with a recommendation of approval, subject to the conditions as noted in paragraph D. of the agenda report. Vice -Chairman Gray asked about the parking and timing of the development. Jimmy Moses noted that the proposed mixed use building would be constructed first. Rhett Tucker noted that the building would not be constructed if the parking deck is not constructed. Mr. Moses noted that he has worked with the City on the parking deck, and that the City had authorized an architect to proceed with the design of the parking deck. He also noted that the hotel, office and residential components of the proposed building would lease part of the parking deck. Vice -Chairman Gray expressed concern relating to the size and height of the proposed building at this location with relation to the size of the River Market District. Mr. Moses noted that it was difficult to visualize what the River Market District would become when it was created. He explained several aspects of the River Market District. He noted that Downtown Little Rock needed more residential development and that the River Market District needed more density and activity. He stated that the proposed building site is on the edge of the district boundary, and that the structure to be removed is not a historic structure. Vice -Chairman Gray asked if this project would put pressure on the River Market District to expand. Mr. Moses explained that expansion of the River Market District to the south and west was a good idea. He further discussed the River Market District. Mr. Tucker noted that the proposed structure was only 75 feet wide and would not be that massive a structure. There was further discussion relating to the size and height of the proposed building and the River Market District. 3 December 23, 2002 Item No.: D (Cont.) There was a motion to approve the height variance, as recommended by staff. The motion passed by a vote of 4 ayes, 0 nays and 1 abstention (Francis). 4 i� - -73 i 6y MOSES TUCKER REAL ESTATE October 24, 2002 Board of Adjustment C/o Department of Planning and Development 723 W. Markham Little Rock, AR 72201 PROJECT SUMMARY Moses Tucker Real Estate, Inc. (MT) plans to form a limited liability company (LLC) for the purpose of developing a mixed-use building on the southwest corner of Clinton Avenue and Sherman Street in downtown Little Rock's dynamic River Market District. The project will be known as the FIRST SECURITY CENTER, consisting of approximately 168,000 square feet of space on 14 floors and costing approximately $23 million. Parking for the project will be available in the City of Little Rock's new River Market parking deck which will be developed adjacent to the center on 2nd Street. The project has commitments from the following users: ❑ First Security Bancorp - will locate a major subsidiary, CREWS & ASSOCIATES, on floors 8, 9 and 10, occupying approximately 35,000 square feet of space. Additionally, First Security will locate a branch facility on the building's 1St floor. ❑ McKibbon Properties - a Gainesville, GA based hotel company, McKibbon owns and operates 36 hotel / motel properties throughout the southeast and is one of the nation's largest franchisees of Marriott limited service hotels. McKibbon has committed to own and operate a 110 - 120 room hotel on floors 1 through 6 of the building. The property will be "flagged" and affiliated with a national chain, such as Marriott or Hilton. ❑ Moses Tucker Real Estate - the developer will construct 22 to 24 luxury residential condominiums on floors 11 through 14, including 4 large, penthouse homes on the building's top floor. 1 Commercial Brokerage • Management • Leasing • Development • Consulting 200 S. Commerce, Suite 300 • Little Rock, Arkansas 72201 • Phone 501-376-6555 • Fax 501-376-6699 www.mosestucker.com �2- The LLC will create a Hortizontal Property Regime (HPR) to enable First Security, McKibbon and each residential condominium owner to acquire and hold `fee simple" ownership to their space. MT will develop the building on behalf of the LLC and, upon completion, sell all HPR units to the owners. MT will continue to manage the property and the property owners association. FIRST SECURITY CENTER will be a truly unique development for Little Rock. For the community the project adds a new hotel, additional restaurant and specialty retail space in the River Market District and 22 to 24 plus new upscale, downtown residences. Homeowners in the building will be able to enjoy not only the wide array of offerings in the River Market, but also a host of amenities within the FIRST SECURITY CENTER. Those amenities include: ■ Unparalleled River and Skyline Views ■ An Exercise Center ■ Room Service (from Marriott) ■ Daily Maid Service (from Marriott) ■ Indoor Swimming Pool (from Marriott) ■ Doorman and On -Premise Security ■ Enclosed, Secure Parking The development will be the latest in the burgeoning River Market District where over 1/2 billion dollars have been invested since 1996. In addition to the FIRST SECURITY CENTER, numerous, exciting projects in or adjacent to the River Market are now underway: ■ Clinton Presidential Library $150 million ■ Heifer International Headquarters and Global Village 70 million ■ River Rail Trolley System 18 million ■ 600 Space River Market Parking Garage 6 million ■ Acxiom Building 35 million ■ Rock Street Lofts 3 million ■ Capital Commerce Center 14 million ■ Center Theater Renovation 5 million ■ Rainwater Condominiums 3 million Total Development (under way) $304 million FIRST SECURITY CENTER will be a new landmark for and anchor in downtown Little Rock. 2 ( P ,,, 4) JUSTIFICATION 1. Density. In order for the River Market to grow, it needs to evolve. Its future success lies with increased density - 24/7 residents, new offices and other uses. That density - which means people - can't be achieved with the current mix of underutilized buildings and surface parking lots on Clinton Avenue. 2. Compatibility. The First Security Center will be designed with great sensitivity to the neighborhood. Large bay windows will be present throughout the brick fagade. The base of the building will include either large limestone block or granite. The residential floors will have balconies with ornamental iron hand- rails. The building will serve as an eastern anchor to the River Market District. The tower is only 75 feet wide and abuts the interstate access ramp, so it serves as a buffer between the interstate and the rest of the neighborhood. 3. Limited Sites. The River Market District is a very finite area and, in many ways, is still quite fragile. The District has experienced a high turnover among restaurants and retailers. Several of the undeveloped sites are now either overpriced or simply unavailable. If the district doesn't grow and evolve, it will surely stagnate. 4. Mixed- Projects. Mixed-use projects add to the vitality and excitement of the area and compensate for the lack of developable sites mentioned above. The concept has proved to be very successful in the immediate area, including: Block 2 - retail, restaurant, entertainment, residential, office Museum Center - restaurant, retail, museum, office Tuf-Nut Lofts - residential, office Capital Commerce Center - retail, restaurant, residential, office Rock Street Lofts (nearing completion) - retail, residential S. No Incentives. The developers have not requested any financial incentives from the city or state. This is exactly the type of private investment envisioned when the District was planned after the Future - Little Rock process was completed in the early 1990's. $23 million projects like this are a result of public investments such as the River Market, Riverfront Park and the Public Library. 6. Increased Taxes. The city, county, state and public schools will all benefit significantly from this major private investment. Participants will especially generate sales taxes and property 3 taxes. The hotel will contribute to the coffers of the Advertising and Promotion Commission. Both the hotel and First Security Bank will be large employers and good corporate citizens, further stimulating the economy and bettering the community. I hope you will approve our request and allow this project to go forward. It will add momentum to the downtown renaissance and help position Little Rock for further growth and development. Sincerely, 6Jill yv-"�'� my oses JM\lk 4 Ttle�— 'D River 2- `73 i' Market Design Greg Hart, Chairman g; Tim Heiple, Member Review Jim Schimmer, Member Melissa Tanner, Member Committee Patty Wingfield, Member Planning and Development • 723 W. Markham • Little Rock, Arkansas 72201 • 501-371-4790 • fax 501-399-3435 November 8, 2002 Board of Adjustment 723 West Markham Little Rock, AR 72201 Re: First Security Center Chairman and Members, The River Market DRC has reviewed the First Security Center at the November 4, 2002 meeting. The DRC has approved the submittal of the height variance. The final vote was 4 ayes, 1 noes and 0 absent. The vote on November 4, 2002 approved only the height variance. The facades of the building will still need to be approved by the DRC as well as any signs, awnings, and any item that would project into the right-of-way. Thank you, Brian Minyard River Market DRC Staff December 23, 2002 ITEM NO.: E File No.: Z-7320 Owner: Dr. Richard A. Dennis Address: 7 Southmont Circle Description: Lot 15, Richmond Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-156 to allow a satellite dish with a reduced front 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: 1. Public Works does not support the mounting of private equipment in the public right-of-way or on public utility poles. B. Staff Analysis: The R-2 zoned property at 7 Southmont Circle is occupied by a one-story brick and frame single family residence. There is a one -car driveway from Southmont Circle which serves as access. The property owner recently attached an eighteen -inch satellite dish to the utility pole in the right-of- way, near the southwest corner of the property. The City's Zoning Ordinance classifies a satellite dish as an accessory structure, with minimum required setbacks. Section 36-156(a)(2)c. of the Zoning Ordinance requires a minimum front yard setback of 60 feet for accessory structures. The satellite dish is located on a utility pole approximately 10 feet into the right-of-way of Southmont Circle. Therefore, the applicant is requesting a variance from December 23, 2002 Item No.: E (Cont. this ordinance standard. The applicant notes in the attached letter that there is no alternate location for the satellite dish, given the large trees within other portions of the property which would obstruct the dish's receiving ability. Staff does not support the variance request. As noted in paragraph A. of this report, Public Works does not support the placement of private equipment in the public right-of-way on public utility poles. This type of use of the public right-of-way is not a policy that staff wishes to establish in any form. C. Staff Recommendation: Staff recommends denial of the setback variance as associated with the satellite dish. BOARD OF ADJUSTMENT: (NOVEMBER 25, 2002) Staff informed the Board that the applicant requested that this application be deferred to the December 23, 2002 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the December 23, 2002 agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) Staff informed the Board that the applicant requested that this application be deferred to the January 27, 2003 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the January 27, 2003 agenda by a vote of 5 ayes and 0 nays. 2 October 25, 2002 Mr. Monte Moore 723 West Markham Street Little Rock, AR 72201 Dear Mr. Moore, I am writing to request a residential zoning variance relating to CourtesyNotice 5662 that I was issued on 9/4/02 due to a code violation on myproperty. I have an eighteen -inch satellite dish attached to the light pole in front of my home. The notice indicated "accessory structures could not be located closer than 60' to the front property line". I have lived on Southmont Circle longer than any other resident and I would not want to do anything to detract from our properties. I make this appeal because: . 1. There is not an alternative location for placement of the satellite dish. The satellite dish must have a clear view of the south east sky to function. My yard, as well as my neighbor's, contains many large trees which obstruct this view everywhere except from the light pole. Please see the included photos. 2. The dish is well above the line of sight and does not detract from the property's appearance. 3. It is also well below the street lamp. The dish is properly grounded and does not present a safety issue. Thank you for taking the time to consider this appeal. I understand that there are rules that must be followed to protect the rights of my neighbors, but I am also thankful that reasonable exceptions can be made. Sincerely, YA Dr. Richard A. Dennis 7 SOUTHMONT CIRCLE LITTLE ROCK, AR 72209 501-568-6711 501-960-8024 December 23, 2002 ITEM NO.: 1 File No.: .: Z -2379-A Owner: Jon and Julie Newsum Address: 4321 Country Club Blvd. Description: The West Y2 of Lots 8 and 9, Block 3, Country Club Heights Addition Zoned: R-2 Variance Requested: Variances are requested from Section 36-254 to allow building additions with reduced front and rear 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 Comments. B. Staff Analysis: The R-2 zoned property at 4321 Country Club Blvd. is occupied by a one- story frame single family residence with a basement garage. There is a two -car driveway from Beechwood Street which serves as access to the property. The property owner proposes to construct a 7'-8" by 37'-4" porch addition to the front (north side) of the single family structure, and a 13 foot by 24 foot dining room addition and 8 foot by 13 foot deck addition on the rear of the structure. The dining room addition will be constructed where a deck currently exists. The additions on the rear of the structure will maintain the same rear yard setback as the existing house. The proposed porch addition will be located approximately 19.5 feet from the front (north) property line. The proposed deck addition will be located approximately 10 feet from the rear (south) property line and will be December 23, 2002 Item No.: 1 (Cont.) covered. Sections 36-254(d)(1) and (3) of the City's Zoning Ordinance require minimum front and rear yard setbacks of 25 feet for R-2 zoned property. Therefore, the applicants are requesting variances from these ordinance standards. Staff is supportive of the requested variances. There are several structures to the east and west which have side yard relationships to Country Club Blvd. and are located closer to the street than the proposed porch addition. The porch addition should have no adverse impact on this general area. Additionally, the proposed dining room and deck addition to the rear of the structure will maintain the same rear yard setback as currently exists on the site. This addition will also not be out of character with other properties in this general area and should have no adverse impact on the adjacent properties. Staff feels that the proposed variance requests are reasonable as long as the porch and deck additions remain unenclosed. C. Staff Recommendation: Staff recommends approval of the requested setback variances, subject to the following conditions.- 1. onditions: 1. The porch addition must remain unenclosed on the north, east and west sides. 2. The deck addition must remain unenclosed on the south and west sides. BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) 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 JON K. NEWSUM ^ °2371-A JULIE S. NEWSUM 4321 COUNTRY CLUB BLVD. LITTLE ROCK, ARKANSAS 72207 TO: DEPARTMENT OF PLANNING AND DEVELOPMENT We are requesting permission to build a front porch, dining room and deck on our house at 4321 Country Club Blvd, Little Rock 72207. The porch is part of a house renovation project to preserve the historical nature of the Pulaski Heights Neighborhood. The renovation has been designed by Tommy Jameson of Jameson Architects PA to resemble Craftsman Style Houses on neighboring Beechwood Road that are currently on the Historical Register. Our block has sidewalks used by many families and numerous houses currently have front porches. Two houses nearby are closer to the street that is zoned. (see enclosed picture) We ask to add a covered front porch 7'-8" x 37'-4", two steps, each 12". The current porch is 4' x 10', two steps, each 12". On the back of the house a proposed dining room (24' x 13') will be built where the current deck is located and a small covered deck will be added (8' x 13'). Thank you for your consideration. Sincerely, 2— 'Z. on K. Newsum g" -Jl Julie S. Newsum December 23, 2002 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-7329 Dennis Properties #9 Raleigh Lane Lot 28, Southern Hills Subdivision R-2 A variance is requested from the building line provisions of Section 31-12. The applicant's justification is presented in an attached letter. Single family residential Single family residential The property at #9 Raleigh Lane is occupied by a recently constructed one-story frame single family residence. There is a two -car driveway from Raleigh Lane which serves as access. The original survey for this property which was done in May 2000 and used for the construction of the single family residence, showed a 50 foot front platted building line. The single family structure was constructed with a 50 foot front yard setback. After construction, the property owners obtained an as -built survey (from a different surveyor) during the financing process, which showed a corrected 60 foot front building line. This resulted in the structure being constructed approximately 10 feet over the platted building line. Section 31-12(c) of the City's Subdivision Ordinance requires that any encroachment over a platted building line be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting a variance to allow the encroachment. December 23, 2002 Item No.: 2 (Cont. Staff supports the requested variance. Staff does not feel that the property owners are at fault, as the surveyor obviously made a mistake in the initial survey. Staff believes that had the property owners known of the 60 foot building line, the structure would have been built accordingly, as there is ample rear yard area which would have allowed the structure to be pushed back an additional 10 feet. Staff feels that the requested variance 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 house. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised of Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested variance 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 23, 2002) 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 Dennis Properties 2791 Hilldale Road Alexander, AR 72002 501-847-7400 November 6, 2002 City of Little Rock, Arkansas Board of Adjustment 723 W. Markham St. To Whom it may concern, We, Angela R. Dennis and Damon W. Dennis of Dennis Properties are requesting a Varience on #9 Raleigh Ln.,Alexander Arkansas 72002. Prior to beginning of construction, we revived a survey. This survey was used for everything, it shows a 50 foot set back line. Upon construction completion we went for our permenant financing and recieved a new survey showing a 60 foot set back line. The house was already built on the 50 foot set back line. Please assist us with this variance so that we will not have any problems arrise with this again, such as sales, financing and insurance. Thank you for your time. Please let us know if we may be of any assistance. Since ley '5zy'�& '4e�- DENNIS PROPERTIES Damon and Angela Dennis V J Li J Z O Z N N 0. In O Lo z S < li I_ o a w � r r LL !•- O o z o 0 O N U w 2 d O z U O ry- V) -- W Lil N 0. n _ o > tr J � 0. a o �, 0 m W = Z J U) F- O LO W Iz d zl o wl o J r Q W J �- 2 2 J � O x U m W i a I n ro u u p will 1\1y1 /�1 o/ �.: •.+ t\` gill •11 �/����1.�f •�'lyf�/ u u u o i O Li W Ln \ (4 t� 4 u0. 0 '>v/ �•l�.'.1yp��'{`rr���,gjgj,,}�}%%.�'.{{{rTT,'' ,G� �� O N Li, o a sr -a 0 L r cl - L ro u u u i O Li W Ln \ 5 0 O N Li, o a sr -a 0 x u T' .�.._ u u o c T _¢ C O Z F- M ` L) n u u U V n �" C O O � Z -j I d a 0) W 0 LY=oz r. C9 = N L/) c0 _ - X Q 7 < i O Li W Ln \ i z O N Li, C/1 z Lr) O O op F-- U M d '- Z F- M o U z z I. C> �- a n vN- F- W Z -j I d a 0) W 0 LY=oz r. C9 = N L/) c0 F - ll s 0 O -- O ,I- W O _L o II d N U < Z O O O d W t*z •• W J >r F- d m O d (1 O C) � a a 200. 00' 321 l DRIVE^ - - _ I i W .i CL ;Y mICN F- 0 m un O ' 5_ UTILITYARAINAGE EASEVENT 00 'OOZ I cr t C ' 2 December 23, 2002 ITEM NO.: 3 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-7330 James E. Weaver 3209 Katherine Street Part of Lots 9 and 10, Block 24, John Barrow Addition R-2 Variances are requested from the area provisions of Section 36-156 to allow an accessory carport structure with reduced separation and front setback. The applicant's justification is presented in an attached letter. Single family residential Single family residential The R-2 zoned property at 3209 Katherine Street is occupied by a one- story brick and frame single family residence. There is a single car driveway from Katherine Street which serves as access. A 12 foot by 20 foot metal carport structure covers a portion of the driveway. The metal carport structure existed on the site when the current owner purchased the property in April 1997. The structure is located approximately 14 feet back from the front property line and flush against the front wall of the single family house. Section 36-156(a)(2)c. of the City's Zoning Ordinance requires that accessory structures in R-2 zoning be located at least 60 feet from a front property line. Section 36- 156(a)(2)b. requires that accessory structures be separated from principal December 23, 2002 Item No.: 3 (Cont.) structures by a minimum of six (6) feet. Therefore, the applicant is requesting variances from these ordinance standards. Staff is supportive of the requested variances. Staff's support is based primarily on the fact that the carport structure has been in place for years, with no complaints from neighbors. The City's enforcement staff observed the carport during a neighborhood inspection. Therefore, staff feels that it is reasonable to place the carport structure over the existing driveway. Although staff supports the variance requests, given the fact that the carport structure is not on a permanent foundation, staff feels that the variances should be approved for this property owner's use only. C. Staff Recommendation: Staff recommends approval of the requested variances for reduced front yard setback and building separation associated with the accessory carport structure, subject to the following conditions: 1. The variances be approved for the property owner, James E. Weaver and his son, Reginald Weaver, only. 2. If the property is sold or the Weavers vacate the property, the carport structure must be removed from the site or moved to meet the minimum required setbacks. 3. The carport structure must remain unenclosed on the north, south and west sides. Staff will inspect the property every five (5) years to verify the ownership and occupancy of the property. BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) Staff informed the Board that the notices to property owners within 200 feet of the site were not completed as required. The Board determined that the item needed to be deferred to the January 27, 2003 agenda to allow the applicant time to complete the required notifications. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the January 27, 2003 agenda by a vote of 5 ayes and 0 nays. 2 43 L X2=2 �ri-i HF�Sn/�_ r - c F December 23, 2002 ITEM NO.: 4 File No.: Z-7338 Owner: Cedric Raulston Address: 7312 Debbie Drive Description: Lot 202, Brookwood 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 Comments. B. Staff Analysis: The R-2 zoned property at 7312 Debbie Drive is occupied by a one-story brick and frame single family residence. There is a two -car driveway from Debbie Drive which serves as access. A 12 foot by 28 foot room addition was recently constructed on the rear of the structure. There is other remodeling work currently being done on the structure. The property owner proposes to construct a 16 foot by 28 foot deck addition on the rear of the structure where the building addition was recently constructed. The property slopes downward from the north wall of the structure to the north property line, and there is a door on the north wall of the structure. The property owner is proposing the deck addition to provide safe access to the rear of the house and maximize the usable rear December 23, 2002 Item No.: 4 (Cont.) yard area. The owner has noted that there is a small, level yard area on the west side of the building, which is used as a play area for his children. The proposed deck addition will be unenclosed and uncovered, with a setback of 12 feet from the rear (north) property line. Section 36- 254(d)(3) of the City's Zoning Ordinance requires a minimum 25 foot rear yard setback for principal structures located in R-2 zoning. Therefore, the property owner is requesting a variance from this ordinance standard. Staff is supportive of the variance request. With the rear portion of this lot unusable due to the existing slope, staff feels that it would be reasonable to construct a deck in this area, leaving the level yard space on the west side of the house as a play area for the property owner's children. The proposed deck being unenclosed and uncovered will minimize any impact on the adjacent properties. Staff feels that the proposed deck will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the rear yard setback variance, subject to the proposed deck remaining unenclosed and uncovered. BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) Staff informed the Board that the notices to property owners within 200 feet of the site were not completed as required. The Board determined that the item needed to be deferred to the January 27, 2003 agenda to allow the applicant time to complete the required notifications. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the January 27, 2003 agenda by a vote of 5 ayes and 0 nays. 2 November 21, 2002 Mr. & Mrs. Cedric Raulston 7312 Debbie Drive Little Rock, AR 72209 To Whom It May Concern: f l,- --tf Z--7339 We are writing this letter in the hope of getting permission to build a deck in our backyard. We are a family with four children, ages 10 months to 14 years old, and are in need of more lawn space for family activities. We do no allow our children to play in the front lawn due to safety concerns. The house floor plan is designed where the rear door sits on a hill that has a 7 -foot drop on 24 feet. We have an area on the west side of the house that is used as a playground and a landscape area around the A/C unit and electric power panel. Thank you for your prompt attention to this matter. We sincerely hope that you will grant permission for us to build a deck at the rear of our house. Sincerely, The Raulston Family December 23, 2002 ITEM NO.: 5 File No.: Owner: Address: Description: Zoned: Z-7339 Clara M. Ball and Steve A. Malcom 9124 West 46th Street Lots 13-15, Block 8, Euclid Place Addition R-3 Variance Requested: A variance is requested from the area provisions of Section 36-156 to allow an accessory carport structure with a reduced side yard setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: Single family residential Single family residential The R-3 zoned property at 9124 West 46th Street is occupied by a one- story frame single family residence. There is a gravel drive from West 46th Street which serves as access. There is a 12 foot by 20 foot metal carport structure which is located near the south property line, approximately 16 feet from the southeast corner of the single family residence. There is a concrete sidewalk from the carport structure to the front door of the house. The applicant notes that the carport structure was placed on the site five (5) years ago for use by his mother. He also notes that the carport was located at a point which provided easy access to the front door, as his mother (the primary resident) is disabled with health problems. December 23, 2002 Item No.: 5 (Cont.) The carport structure is located 5.5 feet from the south property line. Although the house faces south, staff considers the south property line a side property line based on the fact that the lots are oriented east -west. 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. Therefore, the applicant is requesting a variance to allow the carport structure with a reduced street side yard setback. Staff supports the requested variance. Staff's support is based primarily on the fact that the carport structure has been in place for years, with no complaints from neighbors. The City's enforcement staff observed the carport during a neighborhood inspection. Additionally, the carport structure serves an elderly property owner with health problems. Although staff supports the variance request, given the fact that the carport structure is not on a permanent foundation, staff feels that the variance should be approved for this property owner's use only. C. Staff Recommendation: Staff recommends approval of the requested variance for reduced side yard setback associated with the accessory carport structure, subject to the following conditions: 1. The variances be approved for the property owner, Clara M. Ball, only. 2. If the property is sold, or Ms. Ball vacates the property, the carport structure must be removed from the site or moved to meet the minimum required setbacks. 3. The carport structure must remain unenclosed on all sides. Staff will inspect the property every five (5) years to verify the ownership and occupancy of the property. BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) 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. 4 .'S7 November 14, 2002 MR. MONTE MOORE ZONING AND ENFORCEMENT ADMINISTRATOR 723 WEST MARKHAM STREET LITTLE ROCK, ARKANSAS 72201-1334 Dear Sir : I am asking for a zoning variance for the metal carport at my mothers home that was erected five years ago. My retired mother is disabled with osteoporosis, heart problems, and has trouble walking. This carport was placed there because it was the closest place to the front door of the house with a flat sidewalk out to it to enable her to get from her home into the car. If I have it moved for the sixty-five foot setback it will put it in her back yard, which is terribly unlevel, and there is'a six-foot drop to the back door making it useless. Sincerely, Steve A. Malcom STEVE A. MALCOM 9124 WEST 46T" STREET LITTLE ROCK, AR 72204 December 23, 2002 File No.: Z-7341 Owner: McKinnis LLC Address: 1212 Scott Street Description: Lots 7-10 and part of Lots 11 and 12, Block 13, Original City of Little Rock Zoned: UU Variance Requested: Variance are requested from the development criteria of Section 36-342.1. to allow the construction of a new office building. Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: No Comments. The applicant's justification is presented in an attached letter. Vacant Offices and TV production studio B. Landscape and Buffer Issues: Areas set aside for buffers and landscaping meet with ordinance requirements. Curb and gutter, or another approved border will be required to protect landscaped areas from vehicular traffic. A water source within seventy-five (75) feet of all landscaped areas will be required. The Urban Use District requires three (3) inch caliper perimeter trees thirty (30) on center along 1-30 and Scott and East 13th Streets. December 23, 2002 Item No.: 6 (Cont.) C. Staff Analysis: The UU zoned property at 1212 Scott Street is currently undeveloped. The north one-half of the property is grass -covered, with the south half containing an older paved parking lot. The property is relatively free of slope. The applicant, JM Associates, Inc., proposes to construct a new 15,000 square foot, two-story building on the site. The building will be occupied by offices and a TV production studio. The front of the building will be located on the east (front) property line as required by the UU zoning district standards. A new parking lot will be located on the south side of the building, between the building and East 13th Street. There will be additional parking at the rear of the building, off the existing alley. There will be one (1) access drive from Scott Street, with the alley serving as additional access. The applicant is requesting two (2) variances from the City's Zoning Ordinance for the proposed development. The first variance is from Section 36-342.1(c)(8), which states that the ground -level (street fronting) floor of nonresidential structures shall have a minimum surface area of sixty (60) percent transparent or window display. The applicant is proposing that the first floor fagade have a 38 percent coverage of window openings. The applicant notes that the proposed percentage of window area is based on the fact that the building will be used for office space and TV production studio and not retail sales. The second variance is from Section 36-342.1(c)(10)b., which states that surface parking is to be located behind or adjacent to a structure, never between the building and abutting street. As noted previously, a new parking lot will be constructed between the proposed building and the West 13th Street right-of-way to the south. The applicant notes that there is street right-of-way on three (3) sides of the property (north, south and east) and that the depth of the property is too narrow to provide adequate parking behind the proposed building. Staff is supportive of the requested variances. Staff feels that the variances as requested are reasonable, and that the applicant is proposing a quality development for the property. As noted previously, the 38 percent window coverage for the front, first floor fagade is proposed due to the fact that the use of the building will be office and TV studio and not retail sales. Additionally, the shallow lot depth combined with the fact that there is street frontage on three (3) sides of the property, makes it virtually impossible to construct a building and provide all of the desired parking behind the structure. Staff feels that the proposed 2 December 23, 2002 Item No.: 6 (Cont. development will be an asset to the area and have no adverse impact on the adjacent properties. The Little Rock Historic District Commission reviewed and approved the proposed development on December 5, 2002. Attached is a letter from the Commission dated December 10, 2002 noting the conditions of their approval. D. Staff Recommendation: Staff recommends approval of the requested variances subject to the following conditions: Compliance with the conditions as noted in the Little Rock Historic District Commission letter dated December 10, 2002, 2. A franchise must be obtained as per the UU development standards for the awnings on the front (east side) of the proposed building which extend into the right-of-way. 3. Compliance with the Landscape and Buffer requirements as noted in paragraph B. of the staff report. BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) 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 Request — 73 for Zoning Variances JM Associates, Inc. 1212 Scott Street Little Rock, AR )M Associates is planning to build a 15,000 sf, two-story office building and T. V. production studio at 1211 Scott St. In order to build the project and provide adequate secure parking, they are asking for the following zoning variances. Percentage of Window Area at ground Floor: (See building elevations attached) The U.U. Zoning requires 60% window display. The building will be entirely office use and the character of the building and its compatibility to the nearby buildings in the MacArthur Park Historic District would be better served with openings of the scale shown on these plans. The percentage of window openings is approximately 38%. Parking Lot Location: The U.U. Zoning requires that surface parking is to be located behind or adjacent to a structure not between the building and an abutting street. This property has an abutting R.O.W. on three sides and is too shallow in the other dimension to allow adequate parking and have a building of necessary depth to facilitate the owner's needs. The owner is asking for a waiver to park as shown on the site plan. He is providing more than required landscaping and an ornamental iron fence around this parking area to improve its street appearance. The MacArthur Park Historic District's City Representative, Ann Guthrie, has reviewed these plans and has stated that she is in support of the project and the issues for which we are requesting variances. T ank youfor your consideration. mes R. Williams, , President Williams & Dean Associated Architects, Inc. Agent for JM Associates, Inc. SENT BY: HOUSINS, & NEIGHRORHC7P PROGRAMS; 501 899 3461; INN% OtY Of Little ROCj� HISTORIC DIS -:DICT C'QIMMIS&ON MEMORANDUM D5C-11-02 5:43PM; TO- kl�'re , Zoning, & Enforcement Administrato I r �9 FROK V. Anne Guthrie, Historic: Presentation Administrator tor DATE 10 D: Gerrli er 2002 SUBJECT: 1212 Scott: This mernorandUrri serveI9 9 y cam before notice that the above -referenced property I � t I the Little Rock Historic District Commission (LRTiDQ at their 5 December public hearing. The applicant requested approval of the LRHDC, as required by ordinance, to construct a new Offlice/studio buildiri in the, MacArthur Park Historic District, The applicant presented the new eonstthztiozi and detailed exterior architectural elements, After discussion, the LRHDC 4ted unanimously to approve conditionally the construction as presented in the required 1drawings and elevations. The project is an excellent example of the infill development in it s historic district. YPU will find enclosed the Staff Report and Recommendations as wtit,` as the; COA application. ll` there are questions por(ftlent to the conditions of approval by the LRIIDC, by all means call me at 5420) or ernafl j�nG. PACE 2 SENT BY: HOUSING & NP-ICHSCRHOOP PROCRAU53 501 399 3481; gx LITTLE ROCK pt r 1114 r J D I S T OKC R C-1 T APPLICATION FOR A CERTIFICATE OF A-PPROPRIATENESS DEC -ii 02 15:43PM; PAG: -7 2!11 Application Date: 1. Date of Public ffoj, day of —DMC- 2002 at _51 eo P.M, 2. Address of Properi": iS I Legal Description It'Property: Cltr-r 4, Property ()Wlaerk*i4e, Addre.% Fhatkc�, Fax). i.7 --- 5, owner'sAgenf. 6. Project P19" may be added): -w 7. )Estimated Cast Of InAbrovements: 8. Category Of Work - TV (staff US,) 9. Notification Require�' U�Iejats: 'ol NQ eet} N 10, Signature of O"r Mer p, Ag , Little Rock Historic Dost t Commission Deterred Actium (t® be cOmPleted by staft): APP-rovedCond-1 PProved v�ith X� Ations Staff SiguatLum NOTE: Sbo+aid tnz � be cyan oral deal C'QMMWiOn staff and take p approved COA, WhOanr ibAt notify t oro PrOP,ti'Itt actions. Appm,,l'by �o Carom salon compliarce with nth does 0 not oNcuse: applicant or property '�7 ap*able Codes' ordinances or PO"c" Of the ctt�,, =--s stated by the or stAff. ROSPOrsibility for ideutifY64 such cG&I;, Qrdzances or policies mats x itls the aPPLcatlL Omer Or went. Little Pock Historic Di5trict0 et, #120'VVc'C MmiSsion + ]DeParttuetIt Of HOUsior, and Neigtborhood programs500 W. Markham StreetIZOk + Litile Ronk, AR 72201 + Phone' 50t-244-5420 + Fax: 501-399-3461 4 SENT BY: HOUSING & NEICHSORHOOP PROORA:9S; 501 399 3461; t Cagy of Little Rcjr* HISTORIC DISTRICT CC aWSSiCN STAFF POR i PREPARED 13Y: V. f' wiee Guthrie APPLICANT: Janie ADDRESS: 1212 COA RE QI.Ii;ST: New. DEC -11.02 5:44PM; / PACE 415 l AND RECO1YIMFW DATIONS Williams, agent U Street ;truction of an office and studio D.ATF 3 December 2002 'PROJECT BAC KGROUNP, DESCRIPTION AND ANA1L!'M: The subject property is located south of 1-630, on th west side of Scott, between 120 and 13"' streets. The sabject prgject is located on vacant property, balf a block, behind what was Jungkind's Photo Center. The site consists of about 340500 square feet; the survey depicts the site from the northwest comer of 13"' and Scott sire ; to the Arkansas Highway Department right-of-way and along the eastern side of the alley. Th "16rojeot request involves the new construction of a two -storied office building (15,4."+4 sgft). Assa :fated parking of 43 spaces is on the northwest corner of the site and is accessed from a new curb Ai�ut on Scott and from the north/.south alley entries or. the west - The exterior f4ade of the i fag.a.de) elevation there are centered and pedimented d windows are wooden clad. windows on the second flo have brick headers, The exterior wall finish is elements are the precast c The capped parapet is alon two corners (north and sou appearance of an entry but storied windows but the fir emulating open ings on the in that thorc arc eight pilasi well. This elevation faces 1 highway Department right iingular building; is symmetrically designed. On the east (front pilastered bays with four flanking bays on each side of the le bay, Each bay consists of two windows or, each floor; the s first floor windows are larger and have canvas awnings; the re smaller and not as ornamental, The second -storied windows with accent brick window headers. Ornamental architectural e window sills and concrete accents on the pilasters, free elevations (north, east and south). On the east elevation, the are chamfered with a double door entrance; the north has the kot operable. The south elevation (facing 13t Street) has second loor has recessed brick detail, which may be interpreted as .!ding due to its massing. The north elevation is similar to the east ;d bays widx four windows a bay; canvas awnings are utilized -as Street and part of this block is taken up with the Arkansas way, The architect stated that an. � fort was made to incorporate particular architectural elements of surl:ouudir_b aom..�ncrcial prq�ierdes, As the historic district is predominantly residential, the design guidelines do not address specifically commercial property in new construction. SENT BY: HOUSING .4 NEIGH30RHOOP PROGRAMS; 501 399 3461; DEC -11-02 5:44PM; PAGE 5?5 This project site is along the t stem. -most edge of the MacArth'df Park Historic District, it has been vacant for several ycarti.ldj acent to the project site, there are: offices and commercial properties to the west; 12th Suet and I-630 to the north; an office building across Scott Street; to the east; a half block of vacar property to the south; and an oflTice on the southeast comer of 13t and. Scott streets. The QQA's�ffices are in the 1300 block of Scott (east side) and the Villa ,x,i� is on the corner of 14`� a zd Scott. There are eleven ceitcria in LU6 district's design guidelines for consideration. On page 39, the guidelines state that 1.14ew co, struetien of primary structures, should maintain, not disrupt, the axisti.tlg pattern of stroundi historic buildings along the street by being similar in....." t) shape; 2) scale; 3) r; of shape and pitch; a) orieritat'ion to the street; 5) location and propQl-ton of entrances, windows, porches and divisional bays; 5) foundation height; ) floor to ceiling height; S) porch height and depth; 4) material and matcrzol color; to) texture; and tt) placement on the lot. Additionally, stew consiructii�n "of primary structures, while blending in with adjacent buildings. should not b: too imitative gihistonc styles so that new buildings can be distinguished (differentiated) from historiy„''buildings.” Of the elev:n criteria, the proposed project meets all Paid is an excellent example of n�! r construction in an bistoric district and as infill commercial development, This project development isjjcheduled before the city's Zonince Board of Adjustmer<t on 23 December, The owner is se4king two variances of the development provisions of section 36- 342,1.The first variance re4wst concerns the percep_tage of glass on the first floor of the front facade; development regula ons specify that 60% of the front fa4ade be glass, and the, applicant is recuesting less percentag The second variance is to allow parking betvveen the proposed building and the corner stre4 right-of-way; the applicant is requesting that the 26 parking spaces be allowed. The associated p.&kIng lot on the northwest wryer of 13'h and Scott streets is landscaped and has a perimeter iron fence and lighting. Staff of this comma ssion oral the zoning board have discussed the st$ject property and agree to incorporate unv conditions that this commission may deem appi, , priate. NEIGHBORHOOD IIMPCT AND REAC'CION; At the time of distribution, there were no objections to this project rc nest either in waiting or by phone, 5 4FF RE,C09MEi DA1,--T, 10N: It is staff recommendation that the project request be approved with the following canclitions: fence details f erd s section, etc.) be suhm itwd.lo staff prior to Const-uction applicant Inust Ski rnit one set of final plans (to include site plan, elevations) to staff; project Must obt4.n required variances for development regulations; ♦ project must mmeZ� all city codes and zoning regulations; and t should the psoje4 scope change in any fashion in terms of material, massing, scale, profile and size, strixf will be notified and appropriate actions taken. December 23, 2002 ITEM NO.: 7 File No.: Z-7342 Owner: Mr. and Mrs. Alan Warrick Address: 5119 Sherwood Road Description: Lot 82, Prospect Terrace Addition Zoned: R-2 Variance Requested: A variance is requested from Section 36-156 to allow an accessory building with a reduced separation. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: New single family residence under construction Proposed Use of Property: Single family residential STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The R-2 zoned property at 5119 Sherwood Road contains a two-story single family residence which is under construction. Vehicular access will be by way of an existing alley on the south property line. In addition to the new residence, the applicants propose to construct a 22 foot by 22 foot detached garage at the southwest corner of the property. The proposed house and accessory garage meet or exceed all ordinance required minimum building setbacks with the exception of the separation between the two (2) structures. The applicants propose a 3.5 foot separation between the house and garage. Section 36-156(a)(2)b. of the City's Zoning Ordinance requires that single family residences be separated from accessory buildings by at least six (6) feet. Therefore, the applicants are requesting a variance from this ordinance standard. December 23, 2002 Item No.: 7 (Cont. Staff is supportive of the requested variance. Staff feels that the variance request is reasonable, given the fact that the lot has a 30 foot front platted building line and a four (4) foot easement along the rear property line. If the lot had a 25 foot front platted building line as is typically allowed in R-2 zoning and/or the four (4) foot easement did not exist along the rear property line, then the house could be shifted up or the accessory building could be shifted back to the property line which would provide ample space for the required separation. Staff feels that the proposed development for this lot will not be out of character with other properties in this area, and have no adverse impact on the adjacent properties. Staff feels that it would be reasonable to require that the Little Rock Fire Department sign off on the proposed building separation to assure that no fire codes are violated. C. Staff Recommendation: Staff recommends approval of the requested variance, subject to the Little Rock Fire Department approving the proposed building separation. BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) Staff informed the Board that the applicant requested that this application be deferred to the January 27, 2003 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the January 27, 2003 agenda by a vote of 5 ayes and 0 nays. 2 Alan & Ann Warrick 5500 Edgewood Road Little Rock, AR 72207 December 3, 2002 Mr. Monte Moore Department of Planning and Development 723 W. Markham Little Rock, AR 72201 Re: Residence of Alan and Ann Warrick 5119 Sherwood Road Little Rock, AR 72207 Dear Mr. Moore, - -73�`;�- We are requesting a rear yard setback variance for our residence located at 5119 Sherwood Road. We are constructing a new home and desire a detached garage with rear alleyway access. The proposed plans reflect our need to encroach north of the rear building line as noted for detached outbuildings. We believe our proposed plans are consistent with many other homes in Prospect Terrace and ask for your consideration of our variance request. Sincerely, A w 4� wa, Alan & Ann 'Warrick V� December 23, 2002 ITEM NO.: 8 File No.: Z-7343 Owner: Susan Strauss Address: 5224 "O" Street Description: Lot 7 and part of Lot 8, Block 4, McGehee's Addition Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36-516 to allow a wood fence which exceeds the maximum height allowed. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single family residential Proposed Use of Property: Single family residential STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The R-2 zoned property at 5224 "O" Street is occupied by a one-story rock and frame single family residence. There is a two -car driveway from Newton Street which serves as access. The applicant proposes to construct a six (6) foot high wood fence with rock pillars which will enclose a portion of the side yard, between the single family home and Newton Street. The fence will extend from the west wall of the house to the west property line and back to the northwest corner of the house. The fence will run for approximately 35 feet along the west (Newton Street) 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 required building December 23, 2002 Item No.: 8 (Cont.) setback line and a street right-of-way. The required side (west) building setback for this R-3 zoned property is five (5) feet. Therefore, the applicant is requesting a height variance for that portion of the proposed six (6) foot fence located between the five (5) foot setback line and the Newton Street right-of-way. Staff is supportive of the requested variance. This single family structure and the house immediately east are the only two (2) residences in this area which front on "O" Street. There are no residences which front on Newton Street south of Cantrell Road. There are a number of fences in this area which are taller than four (4) feet in height, enclose rear and/or side yards, and are constructed on the right-of-way lines of "O" Street and Newton Street. Therefore, the six (6) foot tall fence as proposed will not be out of character with other fences in the area. Additionally, staff feels that the proposed fence will have no adverse impact on the adjacent properties. C. Staff Recommendation: Staff recommends approval of the requested fence height variance, subject to the following conditions: 1. A building permit must be obtained for the fence construction. 2. The rock fence columns must not exceed a height of seven (7) feet. BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) 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 a`iaJ fJNI'��1� � 7S L/ 3 I live on the corner of `O' St. and Newton. On the North side of Cantrell, Newton is two blocks long, runs parallel to Harrison St., and ends at `O' St. Although it has a street sign, it is often considered an alley. It is difficult for two cars to pass on this street, often one will have to back up or turn onto `P' St. in order to get by. There is not one house that faces Newton on these two blocks. It is the backyard to houses on Harrison and the side yard to houses on the corners of `O', `P', and Cantrell. The majority of these backyards and side yards have fences, some are four feet, some six feet and there are ones that are to the street and set back a few feet from the street. In addition, `O' St. from Kavenough to beyond Harrison only has my house and my next door neighbor facing `O' St. All of the other side of the street, where my house faces, is the backyard / fences of houses on Edgewood. I would like to have a six foot fence that is on my property line on the Newton side of the house. This fence would have rock pillars that match my house (similar to the fence at the new Kroger on Cantrell). On the other two sides of my house, I share a fence with one neighbor, behind me, that is six feet and wood. My neighbor beside me has the same fence, six feet wood. The fence I want will complete fencing around my house (but not in front) with the addition of the rock pillars. On the copy that I have provided, it does not show that there is a large oak tree on the Northeast side that is about even with the house. The space available for the fenced area is reduced due to this large oak tree and it's roots. The fence that I want will start behind this tree, at least 1/3 of the space back from the front of the house and the door. My property line is five feet from the street (there are no curbs on Newton). I am trying to make a fence that looks nice with my house, is in the same period of my house (75 years old) and which will look nice in the neighborhood. I want very much to have this fence begin at my property line in order to make the investment such a fence would be worthwhile. Also, I think it would look odd to have to go about half of the way into the yard before starting the fence... it would look like I made a fence splitting my side yard in half. Previous owners had a chain ink fence that was off the street on the `O' side but to the property line on Newton as several other fences are on Newton. I informed neighbors on Edgewood, Harrison, `O', and `P' Streets and no one had any hesitation in signing this variance. lip December 23, 2002 ITEM NO.: 9 File No.: Z-7344 Owner: Richard Harp Homes, Inc. Address: #1 Chalamont Way Description: Lot 41, Block 73, Chenal Valley Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow the entry stairs of a new house with a reduced front setback and which cross 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. Single family residential Single family residential The R-2 zoned property at #1 Chalamont Way is occupied by a two-story brick and rock single family residence which is under construction and nearing completion. A two -car driveway from Chalamont Way will serve as access. After construction of the residence, the property owner realized that the steps leading to the front door of the structure cross the 25 foot front platted building line by approximately 10 feet. The resulting front yard setback is 15 feet. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front yard setback of 25 feet. Section 31-12 of the Subdivision Ordinance requires that encroachments over platted building lines be reviewed and December 23, 2002 Item No.: 9 (Cont.) approved by the Board of Adjustment. Therefore, the applicant is requesting variances to allow for the construction of the front steps. Staff supports the requested variances. The encroachment of the front steps over the 25 foot platted building line is very minor in nature. The front wall of the residential structure meets the required 25 foot front yard setback. Staff feels that approval of these variances will have no negative impact on the adjacent properties or the general area. The Chenal Valley Architectural Control Committee has reviewed and approved the site plan for this property (including the entry steps). 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 house. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised of Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested variances subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. 2. The entry steps are to remain unenclosed and uncovered. BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) 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. 1►: 6100 West 12th Street, Suite 3 Little Rock, AR 72204 Little Rock Board of Adjustment Dana Carney Zoning Administrator 723 West Markham Dear Little Rock Board of Adjustment, T-4-,, i - 72 I am building a pre -sold home for Ms, Lisa. ]ones at One Clamant�Vay � Che. -W. I was recently notified by Brit Palmer that my fron-t entry beick stair me ?s ly ftig 'l E1= int building setback. I = mpt fully request -mg that the setback be excused in this situation due to the following issue: The extreme grade of the lot required several more steps to exit the harm afbw a36" deep porch than were on the drawn approval-stuwpo . plat. The current stw-4-mo, 11m be u designed to satisfy the Chenal Architectural Control Committee's request to flare -out, to =p= �,.A'_� zodt foT Ap and tread dunensions, and safely exit a "tri -level" home. (The future home -owner requested that the safety -railing be omitted, mud. a, copy of the rail* exception is included for your consideration;) I failod to mlizc that mecting the Chenal Architectural Control Committee's requirement too_ ereate the wed staircase on this grade would fail into the building setback. Please consider my request for relief of the setback requireme t to the staircase. 1 assure the committee I will be much more diligent in th, placement of future cottio Respectfully, Richard Harp President Richard Harp Homes, Inc. L 0 Q cW G z Q m Q z LU CO m Q LU Q z 0 w w 0 2 0 r -)w 0 z I— o co Q a<LLJ UnLU >- rK Z (-) j u �Q m W z E >- = Y -LLm Fcl� D� LU C� 0 Z W o O Q Q -CQ CO � LU C)f LL 0 -, _J W m U z >-m 2 Y 2LLmCD lj�- 3 of L 0 Q cW G z Q m Q z LU CO m Q LU Q z 0 w w 0 2 0 r -)w 0 z I— o co Q a<LLJ UnLU >- rK Z (-) j u �Q m W z E >- = Y -LLm Fcl� D� December 23, 2002 There being no further business before the Board, the meeting was adjourned at 2:25 p.m. Date: G4 Z7 2003 1e 1�4�r4coli' ,- Chairman