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boa_02 26 2001LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES FEBRUARY 26, 2001 2:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being five (5) in number. II. Approval of the Minutes of the Previous Meetings The Minutes of the January 29, 2001 meeting were approved as mailed by unanimous vote. III. Members Present: William Ruck, Chairman Norm Floyd, Vice Chairman Fred Gray Gary Langlais Scott Richburg Members Absent: None City Attorney Present: Cindy Dawson LITTLE ROCK BOARD OF ADJUSTMENT I. DEFERRED ITEMS A. Z-6963 II. NEW ITEMS 1. Z -6195-B 2. Z -6748-D 3. Z-6979 4. Z-6980 AGENDA FEBRUARY 26, 2001 2:00 P.M. 2102 N. McKinley 8000 Scott Hamilton Drive 1208 S. Bowman Road 26 Edgehill Road 5036 Crestwood Drive 0 O N 3NId a31Ztla3 llnvelw rn T 9jd�� NVW630 ' • ISL AWN AVMOVOaA H06tl 1S3H0 NO1Np 83N360 ONIA lW — � 5 o — �FpNjpN o Moa000M � 3AId l33�IS =' 3NId HSdb 0 e s aV03 NOIJIWV 11005 s SSNi�dS � � AlIS83AINn A6 8IV3 �T A1ISa3A[Nn L J o �� 50NIad a3A30 S3HOnH IddISS SIW a Y 6 Cd ioolHo Q aiona3s3a M06aVA NHOr 3 — 3NNI3H 08o331A0tlHS S Oa 31 0tl 5 SIOatlS _ `> JV WtlHatld AMOa o m — 4—/ y NVW 09 N S11WIl Allo 30016 AWA W pig\t A cn p v fePR�y�P = o — v NVAITnS V laVM315 d6h 4-- 0 S11WIl Allo�=�� 2 VP a Q a SSOX00 31VON833 0 F(--ruary 26, 2001 Item No.: A File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: Staff Report: A. Public Works Issues: With Building Permit: Z-6963 E -Z Mart/Richard McKinney 2102 N. McKinley Lots B and 22, Westover Hills C-3 Variances are requested from the area regulations of Section 36-301 to permit construction of a gas island canopy. The irregular shape of the property limits the buildable area without a variance. Convenience store Convenience store 1. Pine Valley and McKinley are classified as commercial streets. Dedication of right-of-way 30 feet from centerline of existing road will be required. 2. A 20 -foot radial dedication of right-of-way will be required at the corner of Pine Valley and McKinley. 3. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. Eliminate driveways that do not meet ordinance requirements. 4. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvement to these streets including 5 -foot sidewalks with planned development. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Ft--ruary 26, 2001 Item No.: A (Cont.) B. Staff Analysis: The C-3 zoned property located at 2102 N. McKinley Street is occupied by a one-story, 3,880 square foot, commercial building. The building houses, a laundromat and a convenience store. The operator of the convenience store proposes to reinstall gas pumps on the site. A 24' X 52' canopy is proposed to cover the gas pump islands. The canopy is proposed to have a 5 -foot setback on both the McKinley Street and Pine Valley frontages. The code requires setbacks of 25 feet on both frontages. The lot is pie -shaped, coming to a point at the intersection of Pine Valley and McKinley. The unusual shape greatly reduces the available buildable area. Staff has concerns about the proposal. The lot is indeed unusually shaped, requiring variances for any additional structure to be built on the site. Staff's primary concern is that adding the canopy appears to result in overbuilding the site. Once the required right-of-way is dedicated for Pine Valley and McKinley, the canopy will have a 0 foot setback on both of those perimeters. The majority of the proposed canopy extends into the required setbacks. This 3,880 square foot commercial building requires 13 on-site parking spaces. Allowing the canopy to be built, as proposed, will eliminate several parking spaces, leaving only 10 spaces across the front of the building. The existing building itself extends into the setbacks along both streets and is built very near the rear (north) property line as a result of previous action by the Board of Adjustment in 1964. The canopy appears to be located within 15 feet of the curb of McKinley Street. The lots across McKinley, to the east, are occupied by single-family homes with typical 25± foot front yards. The visual effect of the canopy on these nearby residences could be negative. Staff also has significant concerns about traffic patterns on the site once the fuel pump islands are installed. As a result of these concerns, staff cannot support the variance request. C. Staff Recommendation: Staff recommends denial of the application. 2 Fe-ruary 26, 2001 Item No.: A (Cont.) BOARD OF ADJUSTMENT: (JANUARY 29, 2001) Frank Riggins, of the Mehlburger Firm, was present representing the applicant. There were two interested parties present. These persons did not fill out attendance cards. Staff informed the Board that the applicant had requested that the item be deferred to the February 26, 2001 meeting to allow the architect time to prepare additional drawings. The item was placed on the Consent Agenda and deferred to the February 26, 2001 meeting by a vote of 5 ayes, 0 noes and 0 absent. BOARD OF ADJUSTMENT: (FEBRUARY 26, 2001) The applicant was not present. There were no objectors present. Staff informed the Board that the applicant had requested withdrawal of the item. The item was placed on the Consent Agenda and approved for withdrawal. The vote was 5 ayes, 0 noes and 0 absent. 3 Ft--,ruary 26, 2001 Item No.: 1 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: Staff Report: A. Public Works Issues: No issues B. Staff Analysis: Z -6195-B Arkansas Electric Cooperative Corporation 8000 Scott Hamilton Drive Long Legal I-2 A variance is requested from the area provisions of Section 36-320 to permit construction of a storage shed with a reduced front yard setback. The applicant's justification is presented in an attached letter. Industrial/Office Industrial/Office The Arkansas Electric Cooperative Corporation facilities are located on the I-2 zoned property at 8000 Scott Hamilton Drive. The site has frontage on the south side of the I-30 Frontage Road. The Co-op has recently remodeled and expanded its offices. In conjunction with the expanded facilities, the Co-op is in need of a small storage building. The building is proposed to be located between the north face of the office building and the property line adjacent to the I-30 Frontage Road. Although this is not the front entrance to the building, it is the front lot line, requiring a 50 -foot front yard setback. The storage building is proposed to have a front yard setback of 8'411. F�_-...ruary 26, 2001 Item No.: 1 (Cont.) Staff is supportive of the requested variance. The 11' X 19'4" shed will be shielded behind a 9 -foot tall screen wall. Although the structure will have only an 814" setback, it will be located 80± feet from the Frontage Road. The proposed placement of the structure will not create a sight -distance hazard. Allowing the reduced setback will not affect any other properties in the area. The encroachment represents only a miniscule portion of the Co-op's large street frontage. A portion of the structure does intrude upon a waterline easement. Written approval must be received from Little Rock Municipal Water Works prior to a building permit being issued for either the storage building or the screening wall. There is no building line issue. C. Staff Recommendation: Staff recommends approval of the requested front yard setback variance subject to written approval being received from Little Rock Municipal Water Works prior to the issuance of a building permit for either the storage building or the screening wall. BOARD OF ADJUSTMENT: (FEBRUARY 26, 2001) The applicant was present. There were no objectors present. Staff informed the Board that the applicant had revised the site plan, providing a 15 -foot front yard setback, which removed the construction from the easement. 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 amended. The vote was 5 ayes, 0 noes and 0 absent. 2 CROMWELL ARCHITECTS ENGINEERS January 26, 2001 Department of Planning and Development City of Little Rock 723 West Markham Street Little Rock, AR 72201 Re: Zoning Variance Request, 8000 Scott Hamilton Drive Arkansas Electric Cooperative Corporation — Oswald Building Renovations A/E Project No. 98-102_10 Dear Sir: We hereby request a variance from the requirements of the City of Little Rock Zoning Ordinance, Section 36-320, lot setback. This variance is requested to allow construction of a storage shed which will be used for tables and catering equipment. The proposed shed will be low enough to be completely concealed behind a screen wall which is permitted within the required ordinance. Therefore the new structure will have almost no visual impact on passing traffic or neighbors. This variance would greatly aid the Arkansas Electric Cooperative Corporation in preparing their facility for board meetings and other large meetings while having a negligible impact on neighbors and the general public. Please direct any comments requiring our action to me. Sincerely, - Robert W. Keltner, AIA Vice President RWK/rwk Enclosures: Application for Variance Site Plans (6 copies) Affidavit of Authorization Filing Fee cc: Mr. Steve Sharp CROMWELL TRUEMPER LEVY THONIPSON WOODSMALL, INC. 101 S. SPRING STREET LITTLE ROCK. ARI{ -MAS 72201-2490 (501) 372-2900 FAX (501) 372-0432 E,_,ruary 26, 2001 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: With Building Permit: Z -6748-D Richard McCormack 1208 S. Bowman Road Lot 1, Rick and Steve's Subdivision C-1 and R-2 (C-1 pending) A variance is requested from the off-street parking provisions of Section 36-507 to permit off-site parking to be located on an adjacent property. The applicant's justification is presented in an attached letter. Offices Offices and parking lot 1. Bowman Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvement to these streets including 5 -foot sidewalks with planned development. 3. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 5.Stormwater detention ordinance applies to this property. F_,ruary 26, 2001 Item No.: 2 (Cont.) B. Staff Analysis: The C-1 zoned property at the southwest corner of Bowman and Kanis Roads is occupied by a relatively new, 3,856 square foot commercial building and an 11 -space parking lot. A dry-cleaning drop-off and pick-up business occupies 2,500 square feet of the building. The applicant proposes to place a Subway Sandwich Shop in the remaining 1,356 square foot portion. The total parking required for the two uses is 21 spaces; 8 for the drycleaners and 13 for the sandwich shop. The applicant also owns the adjacent property, at 1210-1212 S. Bowman Road. He proposes to construct the additional 10 required parking spaces on this adjacent tract. The code limits the amount of off-site parking to no more than 25% of the required parking. This proposal would result in 48% of the required parking being located off- site. Staff is supportive of the requested variance. The two properties are adjacent so there is no great distance between the parking spaces and the businesses being served. If employees are directed to park in the off-site spaces, it will free -up the spaces directly adjacent to the sandwich shop and drycleaners. The proposed development of the new parking lot on the 1210-1212 Bowman Road property will result in better development on that site. Currently, 6 parking spaces on that site back directly into Bowman Road. Those spaces will be removed and incorporated into the new, properly developed parking lot. The new parking lot is being located in such a manner that, at some point, the older buildings on the site could be removed and a new building constructed to line-up with the Subway/drycleaners building. On February 8, 2001, the Planning Commission voted to recommend approval of the applicant's request to rezone the lot at 1210-1212 Bowman Road from R-2 to C-1. That request has been set for the Board of Directors March 6, 2001 agenda. C. Staff Recommendation: Staff recommends approval of the requested variance to allow the off-site parking subject to compliance with the following conditions: 2 Ft..,ruary 26, 2001 Item No.: 2 (Cont. 1. The parking spaces on the property at 1208 Bowman Road (where the Subway Sandwich Shop is proposed) are to be for use by customers. Employees are to park on the new, off-site parking lot at 1210-1212 Bowman Road. 2. Development of the new parking lot is to conform to all applicable landscaping, buffering and screening requirements. 3. Compliance with Public Works Comments including any variance or waiver of those requirements as may be granted by the Director of Public Works or the Board of Directors. 4. The property at 1210-1212 Bowman Road (Lot 2, Rick and Steve's Subdivision) must be rezoned to C-1. BOARD OF ADJUSTMENT: (FEBRUARY 26, 2001) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. Staff informed the Board that the applicant had sent the required notices on February 21, 2001, 5 days prior to the public hearing, not 10 days as required by the Board's bylaws. It was noted that all other notice requirements had been met. After a brief discussion, a motion was made to waive the Board's bylaws and to accept the notices as performed by the applicant. The motion was approved by a vote of 5 ayes, 0 noes and 0 absent. The applicant offered no additional comments. The variance request was placed on the Consent Agenda and approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent. 3 MERLIN E"SEAMOH ASSOCIATES mem Landscape Architecture, Zoological Planning & Design, Park Planning & Design, Urban Design 1510 South Broadway, Little Rock, Arkansas 72202, (501) 372-6092, Fax (501) 374-8103 Dana Carney Department of Planning & Development 723 W. Markham Little Rock, AR 72201. Dear Dana, The enclosed application for variance and revised plan are submitted on behalf of Mr. Richard C. McCormack. The property involved is the parcel located at the southwest corner of Kanis Rd. and Bowman Rd. As we discussed, Subway wishes to locate a sandwich shop without drive up window in the 1300 square foot vacant space next to Cuff's Dry Cleaners. In order to do this, we must provide additional parking on the adjacent property also owned by Mr. McCormack. The enclosed 3 copies of the plan show a new parking lot which Mr. McCormack plans to build to address this parking demand. He does agree to meet the landscape ordinance and will submit a landscape plan along with the request for building permit. i estimate the cost. of the parking improvements being made to be $14,394.00 and Mr. McCormack wishes to pay the 15% in lieu of making street improvements. This will be done when he applies for the building permit. I will continue serving as Mr. McCormack's agent in pursuing the rezoning and variance. Please contact me if any additional information is needed. AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS AMERICAN ZOO AND AQUARIUM ASSOCIATION F�—ruary 26, 2001 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: Z-6979 Lynn and Francis Mayhan 26 Edgehill Road Lot 37, Edgehill Addition R-2 Variances are requested from the setback and separation provisions of Section 36-156. The applicant's justification is presented in an attached letter. Single family Single family Install rain gutters and down spouts for the roof line adjacent to neighboring house to insure that no rainwater from applicant's structure flows onto the neighboring property. B. Staff Analvsis: The R-2 zoned property at 26 Edgehill Road is occupied by a one-story, brick and frame, single-family residence. The house has no covered parking. It appears that the garage on the east end of the house may have been enclosed some years ago. The site has a circular drive and a parking pad located east of the house. The house and parking pad are fairly much at street grade. The rear portion of the lot falls off steeply to Allsop Park, which is located behind this site. The applicant proposes to construct a two -car, carport structure over the parking pad. The carport is proposed to have a side yard setback of 0 feet and is to be separated LFL 26, 2001 Item No.: 3 (Cont. from the house by 5.3 feet. The Code requires a side yard setback of 3 feet and separation between structures of at least 6 feet. The carport is to be built of brick to match the house. A portion of the structure will be below grade. The structure will have a flat roof, to serve as a patio. The overall height of the structure will be approximately half of the height of the house. Staff has no concerns about the reduced separation between the structure and the house. The structure is constructed of brick, reducing any fire hazard. The open nature of the structure and the flat roof provide ease of access around the carport. The requested separation of 5.3 feet is a minor variance from the ordinance requirement of 6 feet. Staff does have concerns about the reduced side yard setback of 0 feet. Such a reduced setback requires encroachment onto the neighboring property in order to build the structure. Portions of the building's footing would actually be located on the adjacent property. Even though this is a flat -roofed structure, there is still the issue of potential water run-off onto the neighboring property. Staff would prefer to see a minimum side yard setback of 18 inches for this structure. That setback, combined with appropriate measures to address water run-off, would be the least that could be supported by staff. Staff suggests that the structure either be reduced in size or moved closer to the applicant's home, away from the side property line. The nearest structure on the adjacent property is located approximately 20 feet from the side property line, providing adequate separation. C. Staff Recommendation: Staff recommends denial of the application, as filed. BOARD OF ADJUSTMENT: (FEBRUARY 26, 2001) The applicant was present. There were two interested parties present; the owner of the property at 30 Edgehill Road and her attorney. Staff informed the Board that the applicant had submitted a letter amending the request so that a side yard setback of 3 feet would be provided between the face of the carport structure and the adjacent property. Staff informed the 2 February 26, 2001 Item No.: 3 (Cont. Board that there was no longer a side yard setback variance, only a separation variance to allow the reduced separation of 5.3 feet between the carport structure and the applicant's home. Staff recommended approval of the separation variance. Neither the applicant nor the other parties present offered any additional comments. The item was placed on the Consent Agenda and approved, as amended. The vote was 5 ayes, 0 noes and 0 absent. 3 The, Mehlburger Firm Engineers ❑ Landscape Architects ❑ Surveyors January 26, 2001 Mr. Dana Carney Zoning and Subdivision Manager Department of Planning and Development 723 West Markham Little Rock, AR 72201 Dear Mr. Carney, Enclosed you will find an application for a residential zoning variance for property located at 26 Edgehill Rd. in the city of Little Rock. This variance is requested due to there being insufficient area to allow construction of a proposed carport addition onto the existing residence at the aforementioned address that would conform to setbacks prescribed by Section 254 of the Little Rock Code of Ordinances. The area scheduled for this addition is currently used as driveway and parking. The owners of this residence currently do not have a garage and desire to construct a carport addition over the existing driveway and parking area for their use and enjoyment. This carport addition will inclose and screen vehicles that heretofore were parked outside in full view from the adjacent property. As shown in the enclosed architectural drawing, a portion of the proposed addition will be below existing grade and therefore will not be visible to the adjacent property. Also the visible portion of the proposed structure will be constructed of brick masonry of the same architectural style as the existing residence. Please let me know if you need any additional information concerning this application. Smc ly, rank . R4nL.A Vice President 201 South Izard 11 P.O. Box 3837 o Little Rock, AR 72203-3837 o 501/375-5331 0 Fax 37 5- 7452 F —ruary 26, 2001 Item No.: 4 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: Staff Report: A. Public Works Issues: No issues. B. Staff Analysis: Z-6980 Wayne Moore Construction Company 5036 Crestwood Drive Lot 30, Prospect Terrace R-2 A variance is requested from the fence height provisions of Section 36-516. The applicant's justification is presented in an attached letter. Single Family Single Family The R-2 zoned property located at 5036 Crestwood Drive is occupied by a two-story, brick and frame, single-family residence. The applicant is currently in the process of substantially remodeling the home. The property is located at the intersection of three streets; Crestwood Drive, "O" Street and Kavanaugh Blvd. The house has a side yard relationship to Kavanaugh Blvd. The applicant proposes to enclose the rear yard with a 6 -foot tall, wood, privacy fence. A portion of the proposed fence is located across a platted building line adjacent to Kavanaugh Blvd. The code limits the height of fences erected within setbacks adjacent to streets to 4 feet. Staff is supportive of the requested variance. Due to the location of the house on the lot, the rear yard is open to the noise and heavy traffic on Kavanaugh Blvd. Reducing the F(__ruary 26, 2001 Item No.: 4 (Cont. fence height to 4 feet in this area would do little to provide any privacy or screening. Pulling the fence back to the 30 foot building line would reduce the usable back yard area to an impractical size. The presence of three streets abutting the lot causes there to be very little private space on the property outside of the home itself. A tall, hedgerow is located along the side property line where the fence is to be located. The visual impact of the increased fence height on the neighboring property is reduced by the presence of the hedges. Public Works has reviewed the issue and determined that allowing the fence will not create a sight -distance hazard. The fence is located outside of the sight -distance control area at the intersection. The fence will be located 8± feet from the curb of Kavanaugh Blvd. C. Staff Recommendation: Staff recommends approval of the requested fence height variance subject to the fence being constructed in "good neighbor" fashion, with the finished side facing outward. BOARD OF ADJUSTMENT: (FEBRUARY 26, 2001) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to the fence being constructed in "good -neighbor" fashion. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent. pq � t WAYNE MOORE CONSTRUCTION COMPANY 2121 WATT STREET, SUITE E / LITTLE ROCK, AR 72227 / 501-228-5515 TELEPHONE / 501.228.6787 FAX January 4, 2001 Mr. Dana Carney Department of Planning & Development 723 W. Markham Little Rock, AR 72201 Re: 5036 Crestwood Road Little Rock, AR Dear Mr. Carney, s, I am requesting a zoning variance for a 6' wood, privacy fence which would exceed the permitted 4' height. I am proposing to construct a 6' privacy fence at the above described address along the south side yard, east rear yard, and north rear yard (fronting Kavanaugh Blvd.). This fence is being constructed to provide some privacy from the vehicular traffic traveling north and south on Kavanaugh Blvd. The fence design and construction would be that of a 6' wood plank, privacy fence typical to the area. For your convenience, I have highlighted the area where I desire to build this fence. Please contact me with any questions you might have regarding this request. Thank you for your consideration of this matter. NJ it", SPECIALIST IN THE CONSTRUCTION OF FINE HOMES / REAL ESTATE DEVELOPMENT H7!7 a ``mo�w r` LL O U w w H O H Z U) D LL O D Q O m ------------ H If IT. -TT ---------- F O w >- 0-10- )Q 0OfQ(D z U wLL I- J z � o � U) ¢ J LU O W Z 00 U U w w O ¢ z � U U �LLC7��� L UD' ¢ ------------ -TT F,T-F F O w >- 0-10- )Q 0OfQ(D z U wLL J z LU O Q Z 00 U U � h L UD' ¢ C �. ¢ U) m ¢ z w m 0 w z Li w February 26, 2001 There being no further business before the Board, the meeting was adjourned at 2:08 p.m. Date: Lf-� �- �� Chairman