boa_05 22 2017LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
MAY 22, 2017
2:00 P.M.
Roll Call and Finding of a Quorum
A Quorum was present being three (3) in number.
Approval of the Minutes of the Previous Meetings
The Minutes of the April 24, 2017 meeting were
approved.
Members Present:
Members Absent:
Frank Allison
Carolyn Lindsey Polk
Christopher Smith
Robert Tucker, Vice Chairman
Jeff Yates, Chairman
City Attorney Present: Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
MAY 22, 2017
WelilO►kW
OLD BUSINESS:
A. Z -7945-B 4910 Kavanaugh Blvd.
NEW BUSINESS:
1. Z -2255-A 5701/5809 S. University Avenue
2. Z8992 -A 2421 N. Jackson Street
3. Z-9216 4900 Stonewall Road
4. Z-9217 4817 Stonewall Road
MAY 22, 2017
ITEM NO.: A
File No.: Z -7945-B
Owner: Lyto, Inc.
Applicant: Tami C. Threet
Address: 4910 Kavanaugh Blvd.
Description: East side of Kavanaugh Blvd., North of Cantrell Road
Zoned: C-3
Variance Requested: A variance is requested from the parking provisions of
Section 36-502 to allow an outdoor dining area for a
restaurant with a reduced number of parking spaces.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Commercial
Proposed Use of Property: Commercial and Restaurant
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The C-3 zoned property at 4910 Kavanaugh Blvd. is occupied by two (2) one-story
commercial buildings. There is paved parking between the two (2) buildings as well
as along the north, east and west sides of the northernmost building. There is a total
of 41 parking spaces on the site. There are two (2) paved driveways from
Kavanaugh Blvd., which serve as access.
On May 23, 2016 the Board of Adjustment approved a parking variance to allow
3,750 square feet of the southernmost building as a restaurant use. The restaurant
is to be open from 4:30 P.M. to 12:30 A.M., seven (7) days a week. Most of the
other uses within these two buildings will not be open during these times. With the
addition of the restaurant use, Section 36-502(b)(3)c. of the City's Zoning Ordinance
requires a minimum of 56 parking spaces for the two (2) buildings combined. There
is a total of 10,000 square feet for the two (2) buildings.
MAY 22, 2017
ITEM NO.: A (CON'T.) Z -7945-B
The parking variance was approved with the following conditions:
1. A maximum of 3,750 square feet of the two (2) existing buildings may be
utilized as a restaurant use.
2. The hours of operation for the restaurant use are limited to the evening hours
after 4:30 P.M.
The applicant is requesting to amend the previously approved application by adding
a 12 foot by 34 foot (408 square feet) outdoor dining area at the southwest corner of
the southernmost building, along Kavanaugh Blvd. The outdoor dining area will add
24 additional seats to the restaurant use. The outdoor dining area will be set back
3.7 feet from the front (west) property line. The outdoor dining area will be enclosed
with a short fence. The addition of the outdoor dining area brings the off-street
parking requirement to 41 spaces for the restaurant use and 60 spaces for the
overall site (restaurant and other uses).
Staff continues to be supportive of the requested amended parking variance. Staff
feels the variance request is reasonable, given the fact that 41 parking spaces
currently exist on the site. The restaurant use alone requires 41 parking spaces. If
the other uses on the property are closed a majority of the time when the restaurant
is in operation, parking will not be an issue. Staff believes a slight overlap in the
hours of operation will also create no parking issues. There is also some additional
on -street parking to the north along Kavanaugh Blvd., and Van Buren Street. Staff
believes the use of a portion of the southernmost building as a restaurant with
outdoor dining with the existing parking arrangement will have no adverse impact on
the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested amended parking variance, subject to
the following conditions:
1. A maximum of 3,750 square feet of the two (2) existing buildings may be
utilized as a restaurant use (with 408 square feet of outdoor dining space).
2. The hours of operation for the restaurant use are limited to the evening hours
after 4:30 P.M.
BOARD OF ADJUSTMENT
(December 12, 2016)
Staff informed the Board that the application needed to be deferred to the February 27,
2017 agenda to allow the objectors an opportunity to pursue an appeal/interpretation of
Section 36-298(8)e. of the City's Zoning Ordinance. Staff noted that this issue as raised
by the objectors needed to be resolved prior to the parking variance being addressed.
MAY 22, 2017
ITEM NO.: A (CON'T.) Z -7945-B
The item was placed on the consent agenda and deferred to the February 27, 2017
agenda by the vote of 4 ayes, 0 noes and 1 absent.
BOARD OF ADJUSTMENT
(February 27, 2017)
Staff informed the Board that the applicant submitted a letter on February 23, 2017
requesting the application be deferred to the March 27, 2017 agenda. Staff supported
the deferral request. The item was placed on the Consent Agenda and deferred by a
vote of 5 ayes, 0 noes and 0 absent.
BOARD OF ADJUSTMENT
(March 27, 2017)
Staff informed the Board that the applicant submitted a letter on March 27, 2017
requesting the application be deferred to the April 24, 2017 agenda. Staff supported the
deferral request. The item was placed on the Consent Agenda and deferred by a vote
of 3 ayes, 0 noes and 2 absent.
BOARD OF ADJUSTMENT (April 24, 2017)
Tami Threet and Jacqueline Pittman were present, representing the application. There
were three (3) objectors present. Staff presented the application with a recommendation
of approval.
Tami Threet addressed the Board in support of the application. She briefly discussed the
proposed parking variance. She noted that the restaurant had an agreement with the
bank immediately to the south (corner of Kavanaugh Blvd. and Cantrell Road) to use their
parking lot. Chairman Yates asked about the total parking spaces on the property. Staff
noted where the 41 parking spaces were located.
Patrick Ruettiger addressed the Board in opposition. He noted that undue hardship with
respect to the parking variance does not exist and explained. He quoted Arkansas law
regarding undue hardship. He also quoted Black's Law Dictionary. He explained that the
variance was not needed for the restaurant to carry out business activity.
Alex Rogers spoke in opposition. He stated that he had letters of opposition from
neighbors.
MAY 22, 2017
ITEM NO.: A (CON'T.
Z -7945-B
Jennifer Rogers also spoke in opposition. She noted that people currently park across
Kavanaugh Blvd. from the commercial property. She explained that deliveries to the
restaurant were being made in the right-of-way.
Ms. Threet explained that parking in this general area has always been a challenge. She
noted that the existing restaurant was previously located approximately one (1) block to
the north. She further explained that parking counts made during peak restaurant hours
indicated that adequate parking exists on the site to accommodate the extra dining space
(outdoor dining area).
Vice -Chair Tucker asked where the restaurant staff parks. Jacqueline Pittman noted that
some employees park behind the Kavanaugh Pharmacy building and some use public
transportation.
Christopher Smith asked about the delivery truck issue as raised by Mrs. Rogers. Ms.
Threet noted that the issue would be addressed.
Mr. Reuttiger reiterated that there was no undue hardship. There was a brief discussion
regarding hardship. Staff noted that two (2) court cases regarding parking variances for
restaurants were decided in the restaurants' favor, and that the cases were similar in
nature to the subject application.
Chairman Yates made comments related to the proposed parking variance and the issues
faced by the residents on the west side of Kavanaugh Blvd. He indicated support of staff's
recommendation of approval.
There was a motion to approve the application as recommended by staff. The vote was
2 ayes, 2 nays and 1 absent. The application was automatically deferred to the May 22,
2017 agenda due to a lack of three (3) votes for or against the application.
BOARD OF ADJUSTMENT (May 22, 2017)
Staff informed the Board that the applicant submitted a letter on May 8, 2017 requesting
the application be deferred to the July 31, 2017 agenda. Staff supported the deferral
request. The item was placed on the Consent Agenda and deferred by a vote of 3
ayes, 0 noes and 2 absent.
4
LAX .VAUGHAN
LAX, VAUGHAN, FORTSON, ROWE & THREET, P.A.
TAmr] C. THREET
tthreet@laxvau-,hm.com
Via Hand -Delivery
ATTORNEYS AND COUNSELORS
CANTRELL WEST BUILDING
11300 CANTRELL ROAD, SUITE 201
LITTLE ROCK, ARKANSAS 72212
TELEPHONE (501) 376-6565
FACSINIILE (501) 376-6666
October 27, 2016
Mr. Monte Moore
Department of Planning and Development
723 W. Markham St.
Little Rock, AR 72201
Re: 4910 Kavanaugh Blvd. (the "Property")
Dear Mr. Moore:
l )1rect
Line
(501)907-5447
Our firm represents the Pizzeria, the tenant of the above -referenced Property. On May
25, 2016, the Pizzeria was granted a conditional parking variance for the Property. The Pizzeria
would like to amend its original application to include an outdoor seating area of 24 additional
seats for the restaurant. In that regard, enclosed please find the following documents requesting
an amended zoning variance for the above -referenced Property:
1. Amended Application For Zoning Variance;
2. Copy of the Department of Planning and Development's approval of
the Property's application dated May 25, 2016;
3. Six (6) copies of a current survey and site plan showing proposed and
existing improvements for the Property;
4. Check in the amount of $205.00 for the filing of this application; and
5. Affidavit authorizing me to sign the application on behalf of Thomas
Samuel of Lyto, Inc., the owner of the Property.
Also enclosed is a draft Notice of Public Hearing which we respectfully ask that you
review for accuracy before we circulate to the neighboring property owners. It is our
understanding that we can use the prior list of property owners within 200 feet of the Property
supplied by Beach Abstract & Guaranty Company, as it is dated April 28, 2016.
Consistent with our original application, we are requesting the zoning variance for a
3,750 square foot portion of the southernmost part of the building, containing approximately
4,100 square feet, more or less, for evening restaurant use only. The restaurant will be in
Mr. Monte Moore
October 27, 2016
Page 2
operation seven (7) days a week from 4:30 p.m. to 12:30 a.m. Based on our understanding, the
Property currently has 41 parking spaces and two (2) paved driveways which serve as access to
the Property. If you have any questions or need further information, please do not hesitate to
contact my paralegal, Megan, or me at the number above. We sincerely appreciate your
assistance in this matter.
Sincerely,
Tami C. Threet
TCT/mh
Enclosures
cc: Ms. Jacquelyn C. Pittman (via email)
Mr. Thomas Samuel (via email)
MAY 22, 2017
ITEM NO.: 1
File No.: Z -2255-A
Owner: Thomas Blackman, JR.
Applicant: Pat McGetrick and Scott Schallhorn
Address: 5701/5809 S. University Avenue
Description: Southeast corner of S. University Avenue and Mabelvale Pike
Zoned: I-2 / C-4
Variance Requested: Variances are requested from the paving provisions of
Section 36-508, the screening provisions of Section 36-523
and the buffer provisions of Section 36-522 to allow use of a
gravel vehicular use area with reduced buffer and screening.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Auto Auction
Proposed Use of Property: Auto Auction
STAFF REPORT
U
Public Works Issues:
No Comments
Landscape and Buffer issues:
1. Site plan must comply with the City's minimal landscape/buffer ordinance
requirements.
2. Any new site development or vehicular use areas must comply with the current
city ordinance. A landscape buffer is required when an adjacent property is of
a more restrictive nature. This buffer will be required to be six (6) percent of the
average width of the lot but in no case less than nine (9) feet. The adjacent
property south of the northeast portion of the site is zoned R-2. Opaque
screening, whether a fence with its face side directed outward or evergreen
plantings, a minimum of six (6) feet in height shall be required to be placed
upon the property line side of the buffer. In addition perimeter plantings will be
required in this area at the rate of one (1) tree and three (3) shrubs for every
thirty (30) linear feet.
3. The City Beautiful Commission recommends preserving as many existing trees
as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
MAY 22, 2017
ITEM NO.: 1 (CON'T.) Z -2255-A
C. Staff Analysis:
The 1-2 / C-4 zoned property at 5701/5809 S. University Avenue is occupied by two
(2) one-story commercial buildings. The property is located at the southeast corner
of S. University Avenue and Mabelvale Pike. Paved parking areas are located along
all sides of both buildings. Access drives from S. University Avenue and Mabelvale
Pike serve the property. There is an undeveloped gravel covered area within the
north portion of the property, east of the northernmost building. The property was
previously occupied by an auto dealership.
An auto auction business, Manheim Auto Auction, recently occupied the site. The
business conducts weekly auto auctions on the property. The applicant is planning
to utilize the existing gravel area within the north portion of the property to park/store
vehicles prior to and during each auction event. The gravel area is denoted on the
attached site plan. The existing gravel area extends across the south property line,
onto the R-2 zoned property immediately to the south.
The applicant is requesting three (3) variances with the proposed use of the gravel
area within the north portion of the property. The first variance is from the paving
provisions of Section 36-508 of the City's Zoning Ordinance. This section requires
that all vehicular use areas be paved where subject to wheeled traffic. The applicant
is requesting a variance for continued use of the existing gravel area.
The second variance requested is from the buffer provisions of Section 36-
522(b)(3)a.1. This section requires a minimum land use buffer along the south
property line of approximately 12.5 feet. The existing gravel area extends across
the south property line by 65 to 75 feet, onto the R-2 zoned property immediately to
the south. The applicant proposes to use the existing gravel area as is, with no
improvements to the site.
The third variance requested is from the screening provisions of Sections 36-523(a)
and (b) which require opaque screening as a component of all land use buffers.
Minimum six (6) foot high screening is required to be placed along the property line
side of a buffer, with the screening extending at least ten (10) feet beyond the outside
activity. Again, the applicant proposes to use the existing gravel area as is, with no
improvements to the site. The applicant requests the variances for the property as
long as the applicant operates an auto auction from the property.
Staff is supportive of the requested variances to allow use of the existing gravel area
for parking/storage of vehicles. Staff believes the request is reasonable, given the
fact that the existing gravel area was used for vehicle parking dating back
approximately 20 years. The gravel parking area was non -conforming at one time,
but lost its non -conforming status based on the fact that the gravel area has not been
used for the past several years. Staff's support is based on the fact that the portion
of the gravel area which extends onto the R-2 zoned property to the south will not
be used, and that the variances be granted for "Manheim Auto Auction" only and this
2
MAY 22, 2017
ITEM NO.: 1 (CON'T.) Z -2255-A
business's use of the property. If a different business occupies the site at a later
date, the variances will need to be brought back to the Board of Adjustment for
review. Additionally, some sort of a barricade will need to be placed along the south
property line, adjacent to the gravel parking area, to assure that the gravel area on
the R-2 zoned property is not used. Staff believes that use of the existing gravel
area by "Manheim Auto Auction" will have no adverse impact on the adjacent
properties or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested paving, screening and buffer variances
for use of the existing gravel parking area, subject to the following conditions:
1. Compliance with the Landscape and Buffer requirements as noted in
paragraph B. of the staff report, with redevelopment of the site.
2. The variances are granted for the "Manheim Auto Auction" use of the property
only. If use of the property changes, the variances will need to be brought
back to the Board of Adjustment for review.
3. A barricade will need to be placed along the south property line, to prohibit
use of the gravel area which extends onto the R-2 zoned property
immediately to the south.
BOARD OF ADJUSTMENT
(May 22, 2017)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by the vote of 3 ayes, 0 noes and 2 absent.
J
MI'T'CHELL II WILLIAMS
H. MAURICE MITCHELL
BYRON FREELAND
(1925-2011)
KAREN P. FREEMAN5
WILLIAM H.L. WOODYARD, III
ALLAN GATES3
(1945-2014)
KATHLYN GRAVES
S ADADPfED 1N MISSOURI AHD ARKANSAS
HAROLD W. HAMLIN
MICHELE ALLGOOD
MEGAN D. HARGRAVES
JOHN K. BAKER
L_ KYLE HEFFLEY9
SHERRY P. BARTLEY
BEN D. JACKSON
TRAY BAXTER
ANION L. JANIK, JR.9
R. T. BEARD, III
WENDY L. JOHNSON
BENJAMIN D. BRENNERI
MARGARET A. JOHNSTON
JASON T. BROWNING
M. SAMUEL JONES III
MICHELLE L. BROvNiNG
JOHN ALAN LEWIS
JOHN S. BRYANT
D. NICOLE LOVELL
C. DOUGLAS BUFORD, JR.
AMANDA L. MACLENNAN2
BURNIE BURNERS
WALTER E. MAY
FREDERICK K. CAMPBELL3
BRUCE MCCANDLESS 11110
CHARLES B. CLIETT, JR."
CHRISTOPHER A. MCNULTY
ADR1A W. CONKLINS
LANCE R. MILLER
KEN COOK
STUART P. MILLER
COURTNEY C. CROUCH, III
T. ARK MONROE, III3
ELISABETH S. DELIRGYO
JENNIFER R. PIERCE
JILL GRIMSLEY DREi4YOR7
BRIAN A. PIPKIN
JANE W. 11UKE
CHRISTOPHER D. PLUMLEE
DOAK FOSTERS
JULIE M. POMERANTZ"
1 ADDTTED IN CALIFORNIA AND ARI:M's
2 ONLY ADMGTEII IN TPA"
425 WEST CAPITOL AVENUE, SUITE 1800
LITTLE ROCK, ARKANSAS 72201-3525
TELEPHONE 501-688-8800
FAX 501-688-8807
3 ADMNTEDIN DRDBICr OF COUWWA AND ARKANSAS
WRITER'S DIRECT DIAL
4 ADMNTED IK ARIZONA, TWGS ARD ARKANSAS
S AmmnTED IN TENAS AND ARKANSAS
501-688-8854
6ADADTTED iKTEYNEssEe AND TENAS
7 A11Mrrum) IN OAT 1HOMA, MISSGURI AND ARKANSAS
COUNSEL
S ADADPfED 1N MISSOURI AHD ARKANSAS
JOHN E. ALEXANDER
9 ADA1rCfED IN COLORADO AND ARKANSAS
IO AwrnsD IN DL4DNCT OF COLUMSU, NEW YORK, ANDTSXA9
April 25, 2017
Department of Planning and Development
16DAVID N. BLACKORBY
723 West Markham
CRAG R. COCKRELL
Little Rock, Arkansas 72201
MORRIL H. HARRIMAN, JR
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J_ -,72_55-4-
SCOTT PROVENCHER
ISS ABC M. 9jkO
LYN P. PRUITT
O RAHAM C. TALLEY
CHRISTOPHERT. ROGERS
J- SCOTT SCHALLHORN
COUNSEL
12BARRY G. SKOLNICK
JOHN E. ALEXANDER
3DERRICKW. SMITH
MELISSA BANDY
STAN D. Shim
16DAVID N. BLACKORBY
MANDY L. STANTON
CRAG R. COCKRELL
ZACHARY T_ STEADMA,N
MORRIL H. HARRIMAN, JR
CLAYBORNE S. STONE
;MARTHA MCKENZIE HILL
;JEFFREY THOMAS
11GINGER HYNEMAN
MARY CATHERINE WAY
KELLY MARCHAND
WALTER G. WRIGHT, JR.
1eINATHAN A. READ
'STANTON K. STRICKLAND
ALBERT J. THOMAS III
MATT BRUNSON
8BRYCE G. CRAWFORD
OF COUNSEL
14LAUREN DILIZIA
W. C141ZISTOP14 ER BARRIER
=LANA L. FREEMAN
JOSEPH W. GELZINE
ASHLEY L. GILL
DONALD H. HENRY
DAVID F. KOEHLER
19HERMANN ]VESPER
13BETHANY N. MARSHALL
ANNE S. PARKER
1REBECCA PATEL
JOHN S. SELIG
BRITTANY H. PETTINGILL
MARC EL" J. TAYLOR
KENDRA PRUITT
RICHARD A. WILLIAMS
11 ADAIDTED 1N GEORGIA AND TMS
12 ADmrrrED IN NEW You AND PY.NN9YLVA.YIA
13 ADMRTED IN OwmomA AND ARKANSAS
14 ADAmw IH ALADAwA AND TEws
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16 ADMITTED IN ARKANSAS, ARIZONA, OREGON, AND TEXAS
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ALL OTHERS ADMITTED ONLY IN ARKANSAS
Re: 5809 South University Avenue; Application for Zoning Variance
Ladies and Gentlemen:
This firm represents Manheim Auto Auction, the lessee of Thomas C. Blackmon, Jr., the
owner of the above -referenced property, and is authorized to act on behalf of both Manheim and
Blackmon (collectively, the "Applicant"). Applicant plans to use the property as an automobile
auction site, consistent with its previous use as an automobile dealership. Applicant seeks
variances from the provisions of Little Rock Code Sections 36-320(b), 36-508, and any other
applicable code section as follows:
1. To permit the continued use of gravel surface parking areas on the northern
portion of the property. Applicant intends to use this area to park automobiles in anticipation of
and during the weekly auto auctions conducted on the property. This area slopes into a small
creek crossing the property running from north to south. To comply with the applicable zoning
ordinance, Applicant will be required to pave the entirety of the graveled area. The impervious
asphalt surface will significantly increase the surface water run off into the creek likely resulting
in flooding on the property itself and increasing the threat of flooding downstream. No flooding
problems have been observed with the property in its current state. Applicant requests that the
variance be granted and continue for so long as Applicant operates an auto auction from the
property.
2. A variance from any applicable code section requiring Applicant to construct
screening along the property line shared with an undeveloped parcel currently zoned R2.
MITCHELL, WILLIAMS, SELIG, GATES 8& WOODYARD, RL.L.C. 1 ATTORNEYS AT LAW
M I'rCHELLW ILWAMSLAW.COM
April 25, 2017
Page 2
Applicant is unaware of any efforts to develop the adjacent parcel, and particularly not for any
residential use. Applicant requests that the variance be granted and continue until the adjoining
parcel is developed for residential uses.
3. A variance from any applicable buffer and landscaping requirements. The
adjoining parcels are used for industrial and heavy commercial purposes similar to the property.
No harm to nearby parcels results from granting a variance from those requirements. Applicant
requests that the variance be granted and continue for so long as Applicant operates an auto
auction from the property.
The cost of the improvements required to satisfy applicable zoning requirements is high
and, absent the variance, the expense will make the use of the property economically unfeasible.
The neighborhood is greatly improved with Manheim, a strong national automobile auction
business, conducting operations from the property. While beneficial in most circumstances, the
applicable zoning requirements create no benefit to the property at this time.
Yours very truly,
MITCHELL, WILLIAMS, SELIG,
GATES & ODYARD, P.L.L.C.
By
Scott Schallhorn
JSS:tbs
MAY 22, 2017
ITEM NO.: 2
File No.: Z -8992-A
Owner: Porter Biggs and Diane Wilder
Applicant: Melinda Markus
Address: 2421 N. Jackson Street
Description: East Y/2 of North % of Block 1, Newton's Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section
36-254 to allow a new single family residence with reduced
setbacks.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant
Proposed Use of Property: Single Family Residence
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The R-2 zoned property at 2421 N. Jackson Street is currently undeveloped. A
house which previously existed was removed from the site a few years ago. Some
site work has taken place in preparation for new home construction. The lot is
accessed by way of a "pipestem" from N. Jackson Street which extends to the
southwest corner of the lot. Otherwise, the lot has no street frontage, with no clear
front, side and rear property lines. Single family residences/yards are located
adjacent to the site, with Little Rock Country Club property to the northeast. The lot
contains no platted building lines.
The applicant proposes to construct a new two-story single family residence on the
lot, as noted on the attached site plan. The proposed residence will be located 25
feet back from the north property line, five (5) feet from the south property line, eight
(8) feet from the east property line and five (5) feet from the west property line.
Access will be from the private drive from N. Jackson Street. A garage will be located
within the southeast portion of the residence. An in -ground pool is also proposed
for the rear yard area (north side of the residence), also noted on the attached site
plan.
MAY 22, 2017
ITEM NO.: 2 (CON'T.) Z -8992-A
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet. Section 36-254(4)(3) requires a minimum rear setback of 25 feet.
Section 36-254(4)(2) requires minimum side setbacks of eight (8) feet. The applicant
is providing a 25 foot setback from the north property line and an eight (8) foot
setback from the east property line. Therefore, the applicant is requesting a variance
to allow the reduced setback of five (5) feet from the south property line and five (5)
feet from the west property line.
Staff is supportive of the requested reduced setbacks. Staff views the request as
reasonable. The applicant is providing a 25 foot setback from the north property
line, establishing the north and south property lines as front/rear. The proposed
house placement is very similar to the residence which previously occupied the site
and a new residence which was approved by the Board of Adjustment on December
15, 2014, but never constructed. Only approximately 24 feet of the overall 90 foot
length of the residence encroaches into the minimum 25 foot setback from the south
property line. The residence will have a similar setback form the south property line
as was approved by the Board of Adjustment for the residence recently constructed
immediately to the south. Additionally, both the lot width and depth are only slightly
over 100 feet each (103 and 107). The typical single family lot has a depth of 140
feet to 150 feet. This makes it slightly more difficult to meet the minimum 25 foot
front and rear setbacks. Staff believes the proposed residence with reduced
setbacks from the south and west property lines will have no adverse impact on the
adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested setback variance, as filed.
BOARD OF ADJUSTMENT
(May 22, 2017)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by the vote of 3 ayes, 0 noes and 2 absent.
2
April 7, 2017
Markus Homes, Inc.
I have attached a proposed site plan for 2421 North Jackson.
This is a unique lot which is surrounded on all 4 sides by 4 houses. The
north east corner is the Little Rock Country Club golf course. We are
orienting the proposed home to have a more accessible view of the golf
course. I am requesting a 8' set back on the east property line, 5' setback
on the south property line (only for the depth of the garage), and a 4'
setback on the west property line.
Thank you for your consideration.
Markus Homes, Inc.
Melinda Markus
MAY 22, 2017
ITEM NO.: 3
File No.-
Owner/Applicant-
Address:
o.:Owner/Applicant:Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property
STAFF REPORT
A. Public Works Issues:
Z-9216
Bruce and Hallie Lindsey
4900 Stonewall Road
Lot 10R, Block 5, Newton's Addition
R-2
A variance is requested from the area provisions of Section
36-254 to allow a new residence with reduced rear setback.
The applicant's justification is presented in an attached letter.
Vacant
Single Family Residence
1. Per Sec. 30-43 of the City code, no driveway shall be constructed within five
(5) feet of a line drawn from the point of intersection of a property line with the
right-of-way line of a street and perpendicular to the centerline of the street,
except where property abuts an alley the minimum distance shall be ten (10)
feet. The maximum opening of a residential driveway shall not exceed twenty
(20) feet.
2. No trees, sculptures, mailbox or other similar improvements shall be
constructed or places on top of the existing storm drain or within the driveway
island.
3. Obtain a franchise permit for private improvements located in the right-of-way
such as plantings, sprinklers, etc.
4. Provide a design for the portion of the driveway that is over the existing rock
drainage channel. The design should bridge the existing rock drainage channel
so it can withstand expected vehicle loads, and shall be done by a licensed
professional engineer.
5. If maintenance or improvements are required to Stonewall Road at this
location, the City will only replace the driveway with white concrete with broom
finish.
B. Staff Analysis:
The R-2 zoned property at 4900 Stonewall Road is currently undeveloped. The
property is located on the north side of Stonewall Road, east of N. Van Buren Street.
Some site work is taking place in preparation for construction of a new residence.
MAY 22, 2017
ITEM NO.: 3 (CON'T.) Z-9216
Considerable excavation of the site has occurred, with retaining wall construction
along the north (rear) property line.
The applicant proposes to construct a new two-story single family residence on the
site, as noted on the attached site plan. The front of the residence (porch) will be
located 25 feet back from the front (south) property line. The rear of the structure
will be 7.5 feet to 8 feet back from the rear (north) property line. The structure will
be set back 8.5 feet to 9.5 feet back from the east side property line. The west side
setback will range from 17 feet to 20 feet. A circular driveway will be located within
the front yard area, with a driveway extending along the west side of the residence
to a garage at the north end of the structure. The garage portion of the house will
be approximately 27 feet by 25 feet in area. The front landing and step structure
which is located across the front setback line will be uncovered and built within the
grade of the lot and not above grade.
Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear
setback of 25 feet. Therefore, the applicant is requesting a variance to allow the
new residence with a reduced rear setback. All other setbacks conform to ordinance
requirements.
Staff is supportive of the requested rear setback variance. Staff views the request
as reasonable. The garage portion of the residence is the only portion of the
structure which encroaches into the required rear setback area. If the garage were
detached, it would comply with the setback requirements. Therefore, the overall
massing of the site with building area will be relatively the same as if the garage
were detached. Additionally, the property (and residence) immediately to the north
is located 10 to 14 feet above the grade of the subject lot. Therefore, the proposed
house with reduced rear setback should have no adverse visual impact on this
adjacent property or the general area.
C. Staff Recommendation.-
Staff
ecommendation:
Staff recommends approval of the requested rear setback variance, subject to the
following conditions:
1. Compliance with the Public Works requirements as noted in paragraph A. of
the staff report.
2. The rear yard coverage (rear 25 feet of the lot) for an accessory building will
be limited to 30 percent, to include that portion of the proposed residence
located within the rear 25 feet of the lot.
MAY 22, 2017
ITEM NO.: 3 (CON'T.) Z-9216
BOARD OF ADJUSTMENT
(May 22, 2017)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by the vote of 3 ayes, 0 noes and 2 absent.
April 7, 2017
Via Hand -Delivery
Mr. Monte Moore
Department of Planning and Development
723 W. Markham Street
Little Rock, AR 72201
Re: 4900 Stonewall Road
Dear Mr. Moore:
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We are the owners of 4900 Stonewall Road, Little Rock, AR 72207. We purchased the
66.86' by 140" lot on July 1, 2015, and are building a single-family dwelling on it. Because we
are both in our 60s, our intent is for the main living area to be on the ground floor and be
handicap accessible. In order to achieve this, we purchased an additional 8' from our neighbor
to the west and have done extensive excavation of the site. Still, we have a limited area on
which to build. The original design showed a detached garage in the rear setback area,
connected to the house by a covered walkway.
Our proposal is to enclose that walkway, thus attaching the garage to the house and
reducing the rear setback. Because I travel a great deal for my job the variance would allow my
wife to have secured access from the garage to our house.
In that regard, enclosed are the following documents:
I. Application for Residential Zoning Variance;
2. Six (6) copies of a current survey showing proposed improvements to the property;
and
3. Check in the amount of $85.00 for the filing of this application and the sign fee.
If you have any questions or need additional information, please contact Hallie Lindsey
at 501-765-6569. Thank you for your assistance.
Sincerely,
Bruce R. Lindsey A Me W. Lindsey
MAY 22, 2017
ITEM NO.: 4
File No.: Z-9217
Owner: Luis Patrick Delozier
Applicant: Thomas Pownall
Address: 4817 Stonewall Road
Description: East 50 feet of the north 130 feet of Lot 7, Block 1, Country Club
Heights Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section
36-254 to allow a new residence with reduced rear setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residence
Proposed Use of Property: Single Family Residence
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The R-2 zoned property located at 4817 Stonewall Road is occupied by a one-story
frame single family residence. The property is located on the south side of Stonewall
Road, east of N. Van Buren Street. A small one-story metal storage building is
located in the rear yard area.
The applicant proposes to remove the existing house and storage building from the
site and construct a new two-story residence, as noted on the attached site plan.
The proposed residence will be located 26.6 feet to 28.5 feet back from the front
(north) property line and 5.5 to 6 feet back from the rear (south) property line. The
proposed residence will be located 8.6 feet from the west side property line and 8.5
to 19 feet back from the east side property line. The rear 18 feet of the residence
(18 feet by 13.67 feet) will be one-story in height. A two -car wide driveway from
Stonewall Road will be constructed to serve the garage portion of the residence, at
the northeast corner of the overall structure.
MAY 22, 2017
ITEM NO.: 4 (CON'T.) Z-9217
Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear
setback of 25 feet. Therefore, the applicant is requesting a variance to allow the
new residence with a reduced rear setback. All other setbacks conform to ordinance
requirements.
Staff is supportive of the requested rear setback variance. Staff views the request
as reasonable. Only a very small portion of the overall structure will encroach into
the required rear setback area (approximately 270 square feet). Over 90 percent of
the portion of the structure which encroaches into the rear setback area will be one-
story construction. If the rear portion of the residence were detached, it could have
a rear setback of only three (3) feet, and the overall massing of the site with building
area would be essentially the same. Additionally, staff feels that ample separation
will exist between the proposed structure and the residence to the south. Staff
believes the proposed residence with reduced rear setback will have no adverse
impact on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested rear setback variance, subject to the
rear yard coverage (rear 25 feet of the lot) for an accessory building being limited
to 30 percent, to include that portion of the proposed residence located within the
rear 25 feet of the lot.
BOARD OF ADJUSTMENT
(May 22, 2017)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by the vote of 3 ayes, 0 noes and 2 absent.
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THOMAS ENGINEERING COMPANY q
civil engineers land surveyors
3810 LOOKOUT RD NORTH LITTLE ROCK, AR 72116 (501)753-4463 FAX (501)753-6814
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
April 24, 2017
Mr. Monte Moore
Zoning & Code Enforcement Administrator
City of Little Rock Planning Department
723 West Markham
Little Rock, AR 72201
RE: Zoning Variance Application
4817 Stonewall Road
Lot 7, Block 1, Country Club Heights Addition
Dear Mr. Moore:
Please accept this letter to serve as our application for the above referenced submittal. We
wish to be placed on the May 22nd, 2017 Board of Adjustment meeting agenda.
The owner of the property is removing the existing residence to construct a new residence as
shown on the attached plot plan. We are requesting a reduction in the rear yard setback to
accommodate the building layout as shown. The drainage pattern of the area and lot
concentrates flow on the southeast portion of the property. In order to avoid that flow pattern,
the building is proposed to extend south rather than east. Also, we are agreeable that the
property will not have an accessory building in the rear in order to maintain the general
massing of the property.
If you have any questions, please give me a call.
Sincerely,
Thomas R. Pownall, P.E.
Project Engineer
BOARD OF ADJUSTMENT VOTE RECORD
DATE:
MEMBER
ALLISON, FRANK
LINDSEY POLK, CAROLYN
SMITH, CHRISTOPHER
TUCKER, ROBERT
YATES, JEFF
TIME IN AND TIME OUT
ALLISON, FRANK
LINDSEY POLK, CAROLYN
SMITH, CHRISTOPHER
TUCKER, ROBERT
YATES, JEFF
r
.AYE NAYE ABSENT ABSTAIN Meeting Adjourned ; Q _P.M.
MAY 22, 2017
There being no further business before the Board, the meeting was adjourned at 2:04
p.m.
Date: