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
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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
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February 26, 2001
There being no further business before the Board, the
meeting was adjourned at 2:08 p.m.
Date:
Lf-� �- ��
Chairman