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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 -T�� I 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 15 Awn rED IN AvKANSAS, GSoRmA. NKW .IFNSF.Y, AND NEW YORK 16 ADMITTED IN ARKANSAS, ARIZONA, OREGON, AND TEXAS 17 ADMRTPD IN TLYNeSSF.Y. AND ARKANSAS 18 ADA1r1TED IN ARKANSAS„NEW JERSEY, AND PENNSYLVANIA 19 ADMNTED IN THP U.S. PATPNT AND TRADE.UARK OFPUM AND ARNANSAS 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: 1+e� 43 i - q2_-14 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. 2 .1- 4;a'� 4 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: