boa_08 28 2017LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
AUGUST 28, 2017
2:00 P.M.
Roll Call and Finding of a Quorum
A Quorum was present being five (5) in number.
il. Approval of the Minutes of the Previous Meetings
The Minutes of the July 31, 2017 meeting were
approved.
Members Present: Jeff Yates, Chairman
Robert Tucker, Vice Chairman
Frank Allison
Carolyn Lindsey Polk
Christopher Smith
Members Absent: None
City Attorney Present: Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
I.OLD BUSINESS:
A.Z-7945-B
B.Z-669-D
C.Z-7633-A
D.Z-9241
E.Z-9242
II.NEW BUSINESS:
1.Z-6878-A
2.Z-9233-A
3.Z-9237-A
4.Z-9248
5.Z-9249
6.Z-9250
7.Z-9251
8.Z-9253
AUGUST 28, 2017
2:00 P.M.
4910 Kavanaugh Blvd.
322 E. 4th Street
2020 N. Spruce Street
5702 Scenic Drive
2815 Cantrell Road
1123 S. University Avenue
603 W. Markham Street
1 001 0 Interstate 30
6907 Camelot Drive
1922 W. 22nd Street
5111 "R" Street
19415/19501 Summershade Drive
1607 N. University Avenue
AUGUST 28, 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.
AUGUST 28, 2017
ITEM NO.: A (CONT.) 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.
2
AUGUST 28, 2017
ITEM NO.: A (CONT.) 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 O 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.
3
AUGUST 28, 2017
ITEM NO.: A (CONT.) 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
AUGUST 28, 2017
ITEM NO.: A (CONT.)
BOARD OF ADJUSTMENT
Z-7945-B
(July 31, 2017)
Staff informed the Board that on July 31, 2017 the applicant submitted a letter to staff
requesting the application be deferred to the August 28, 2017 agenda. Staff supported
the deferral request.
The item was placed on the Consent Agenda and deferred to the August 28, 2017 agenda
by a vote of 3 ayes, 0 noes and 2 absent.
BOARD OF ADJUSTMENT (August 28, 2017)
Chris Samuel, Tami Threet and Jacquelyn Pittman were present, representing the
application. There were three (3) persons present with concerns. Staff presented the
application with a recommendation of approval.
Chris Samuel addressed the Board in support of the application. He noted that the
restaurant was a quality addition to the property. He noted supported of the patio
addition.
Tami Threet also addressed the Board in support. She noted that the restaurant had
been in operation since January. She explained that a parking study had been
conducted, and that during peak hours ample parking existed to serve the restaurant
use, with the addition of the outdoor dining area. She noted that the outdoor dining area
would typically be utilized approximately four (4) months of the year. She noted that
there was a written lease agreement with the bank property immediately to the south for
use of their 12 parking spaces after the bank closes.
Alex Rogers addressed the Board in opposition. He quoted sections of the zoning
ordinance with respect to hardship. He presented letters of opposition to the Board.
Jake Fiser addressed the Board with concerns. He noted noise from the outdoor dining
area could be a concern.
Ms. Threet noted that there would be no sound system or music within the outdoor
dining area. There was brief additional discussion relating to the availability of parking.
Staff added a condition that there be no sound system or music within the outdoor
dining area.
Jacquelyn Pittman noted that the hours of operation would be 5:00 p.m. to 11 :00 p.m. -
Tuesday thru Thursday, 5:00 p.m. to midnight -Friday and Saturday, and 5:00 p.m. to
10:00 p.m. -Sunday.
5
AUGUST 28, 2017
ITEM NO.: A (CON'T.} Z-7945-B
There was brief additional discussion regarding parking calculations and the amount of
the restaurant used for seating.
Chairman Yates noted that the zoning of the property permitted outdoor dining. He
noted that the property was very near a major intersection and that there were several
other uses along Kavanaugh Blvd. with outdoor uses. He stated that the proposed
outdoor dining area was consistent with the area.
Dawn Coppola addressed the Board with concerns. She discussed the hours of
operation.
Vice-Chair Tucker expressed concern with the bar area and alcohol service within the
restaurant. Ms. Pittman noted that other restaurants in the area had higher alcohol
sales. There was additional discussion related to the outdoor dining area.
Debra Weldon, City Attorney, noted that the only issue before the Board was the
parking issue. She explained that issues related to hours of operation, alcohol sales
and noise were not things that should be considered with respect to the requested
variance.
There was a motion to approve the application as recommended by staff, with the
following additional condition:
3.There will be no outdoor sound system or music within the outdoor dining
area.
The vote was 3 ayes, 2 noes and O absent. The application was approved.
6
LAX • ,1 AUGHAN
LAX, VAUGHAN, FORTSON, ROWE & THREET, P.A.
A TTORl"\fEYS AND COUNSELORS CANTRELL WEST BUILDING
-lJ_-r�-
l1300 CAL'\fTRELL ROAD, SUITE 201
LITTLE ROCK, ARKANSAS 72212 � -71ef5-B
T AW C. THREET tthreet@lawaughan.com
TELEPHONE (501) 376-6565 FACSI.tv11LE (501) 376-6666
/ 'I. ( 2-p�) • ofrect Line
Via Hand-Delivery
Mr. Monte Moore
October 27, 2016
Department of Planning and Development
723 W. Markham St.
Little Rock, AR 72201
Re: 4910 Kavanaugh Blvd. (the "Property")
Dear Mr. Moore:
(501) 907-5447
Our firm represents t.11e Pizzeria, t½.e tenant of t.11e 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.
TCT/mh
Enclosures
cc: Ms. Jacquelyn C. Pittman (via email)
Mr. Thomas Samuel (via email)
Sincerely,
1--z[w�
Tami C. Threet
AUGUST 28, 2017
ITEM NO.: B
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Z-669-D
Pinnacle Hotel Group
Michael Clifford, Winford Lindsey Architect
322 E. 4 th Street
Northwest corner of E. 4th and Rock Streets
uu
A variance is requested from the sign provisions of Section
36-557 to allow a sign with no street frontage.
· The applicant's justification is presented in an attached letter.
Present Use of Property: Hotel
Proposed Use of Property: Hotel
STAFF REPORT
A.Public Works Issues:
No Comments
B.Staff Analysis:
The UU zoned property at 322 E. 4th Street is occupied by a multi-story hotel building
which is under construction and nearing completion. The property is located at the
northwest corner of E. 4th and Rock Streets. A paved alley is located along the west
property line. Paved parking will be located on the west side of the alley.
On May 8, 2015 the Board of Adjustment approved variances from the UU
development standards for the hotel construction. The Board of Adjustment
approved a height variance (77. 75 feet) for a portion of the structure and a variance
for reduced window display for a portion of the first floor fac;ade along Rock Street.
On February 27, 2017 the Board of Adjustment approved a variance for a projecting
sign on the south fac;ade of the building (E. 4 th Street frontage). The variance was
approved for increased sign area for the projecting sign.
As part of the hotel project, the applicant is now proposing to install a wall sign on
the north building fac;ade, as noted on the attached sketches. The proposed wall
sign is approximately 120 square feet in area. The sign is proposed to be located
on the north fac;ade, at the 6th floor level.
AUGUST 28, 2017
ITEM NO.: B (CONT.} Z-669-D
Section 36-557(a) of the City's Zoning Ordinance requires that all on-premise wall
signs face required street frontage. Therefore, the applicant is requesting a variance
from this ordinance requirement to allow the proposed wall sign to be located on the
north building fa9ade, without direct street frontage.
Staff does not support the requested variance to allow a wall sign without direct
street frontage. Staff does not believe there is adequate justification for the sign.
The existing hotel building/property has three (3) street frontages (E. 4th Street, Rock
Street and Cumberland Street). A large amount of wall signage is allowed on these
three (3) building facades. Staff feels that wall signage on the three (3) street
fronting building facades should be adequate to identify the building to vehicular
traffic in this general area, and that no wall signage is needed on the building's north
facade.
C.Staff Recommendation:
Staff recommends denial of the requested variance to allow a wall sign without direct
street frontage.
BOARD OF ADJUSTMENT (July 31, 2017)
Quenton May and Ross Patel were present, representing the application. There were
several persons present in opposition. Staff presented the item with a recommendation
of denial.
Quenton May addressed the Board and requested deferral of the application to the
August 28, 2017 agenda, based on the fact that only three (3) Board members were
present.
A motion was made to defer the application to the August 28, 2017 agenda. The motion
passed by a vote of 3 ayes, 0 noes and 2 absent. The application was deferred.
BOARD OF ADJUSTMENT (August 28, 2017)
Staff informed the Board that on August 28, 2017 the applicant submitted a letter to staff
requesting the application be deferred to the September 25, 2017 agenda. Staff
supported the deferral request.
The item was placed on the Consent Agenda and deferred to the September 25, 2017
agenda by a vote of 5 ayes, 0 noes and O absent.
2
Date: May 24, 2017
City of Little Rock
Department of Planning and Development
Board of Adjustments
723 West Markham
little Rock, Arkansas
To whom it may concern
--r-/ -4--T�--
We are requesting a sign variance of the Little Rock Code of Ordinance on behalf of Pinnacle Hotel
Group. An enclosure wall was removed on the adjacent north property line as a show of good faith.
This is for the new construction of the Hilton Garden Inn at 322 East 4th Street.
The owner would like to provide a sign on a non-street frontage property line (Sec. 36-
557.a). We feel that the proposed sign would allow for marketing and direction from the
Interstate (refer to photos). The owner of the adjacent property has received this as
acceptable.
If there are any questions, please fee! free to contact me at your convience. Thank you for your
assistance with this project.
R.Kenji Tillman, R.A.
Project Manager
wl LI AMi&M·Mi4#M4i Winford Lindsay Architect
344 West Pike Street
Lawrenceville, GA 30046
770-963-8989 x:5761 770-407-5761 dir
770-407-5817 fax
AUGUST 28, 2017
ITEM NO.: C
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Z-7633-A
Anna Harper
Ellen Yeary
2020 N. Spruce Street
Part of Lots 8-f0, Block 1, Country Club Heights Addition
R-2
A variance is requested from the fence provisions of Section
36-516 to allow a fence which exceeds the maximum height
allowed.
The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A.Public Works Issues:
1.The proposed masonry-wood fence cannot extend into the Stonewall road
right-of-way and utility easement. Staff can recommend approval of the
reconstruction of the wood fence without masonry material replacing the
existing damaged fence exceeding the maximum height within the Stonewall
Road right-of-way and utility easement. The Stonewall Road right-of-way and
utility easement is the stormwater overflow path if the existing drainage system
becomes obstructed.
8.Staff Analysis:
The R-2 zoned property located at 2020 N. Spruce Street is occupied by a one-story
brick and frame single family residence. The property is located on the west side of
N.Spruce Street, at Stonewall Road. A rock driveway is located at the northeast
corner of the residential lot. The driveway extends along the north side of the house
to the rear yard area. An unenclosed carport is located at the northwest corner of
the residence. Six (6) foot high wood fencing is located along the north and south
side property lines. A six (6) foot high wood fence which existed along the rear
(west) property line was recently damaged by a flood. On July 26, 2004 the Board
of Adjustment approved setback and easement variances for additions to the rear
(west) of the residential structure.
AUGUST 28, 2017
ITEM NO.: C (CONT.) Z-7633-A
The applicant is requesting to replace the wood fence located along the rear (west)
property line which was recently damaged by a flood. The proposed fence will be
wood construction with a masonry base and columns from the southwest corner of
the property to the northwest corner of the lot. A solid wood section will extend from
the northwest corner of the property into the old Stonewall Road right-of-way
(previously abandoned). The wood/masonry fence will range in height from 8 feet-
5 inches at the southwest corner of the lot to nine (9) feet at the northwest corner of
the property. The solid wood section extending north from the northwest corner of
the property will have a height of nine (9) feet.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allow a maximum fence height
of six (6) feet for the proposed fence. Therefore, the applicant is requesting a
variance to allow a fence ranging in height from 8 feet-5 inches to nine (9) feet.
Staff does not support the fence height variance as requested. Staff does not feel
that the overall height requested is justified. Staff quite regularly supports fence
height variances to eight (8) feet in height in residential areas. Staff does not feel
that the proposed fence ranging in height from 8 feet-5 inches to nine (9) feet is a
reasonable trade-off for the six (6) foot high wood fence which existed. The
proposed fence extends into the front yard area of the residence immediately to the
west. The taller fence could have a negative visual impact on this next door property.
Staff could support the fence height variance if the fence had a height not exceeding
eight (8) feet at any point. Otherwise, staff believes the proposed fence height is
unreasonable.
C.Staff Recommendation:
Staff recommends denial of the requested fence height variance, as filed.
BOARD OF ADJUSTMENT (July 31, 2017)
Staff informed the Board that on July 24, 2017 the applicant submitted a letter to staff
requesting the application be deferred to the August 28, 2017 agenda. Staff supported
the deferral request. The item was placed on the Consent Agenda and deferred to the
August 28, 2017 agenda by a vote of 3 ayes, 0 noes and 2 absent.
BOARD OF ADJUSTMENT (August 28, 2017)
Staff informed the Board that on August 25, 2017 the applicant submitted a letter to staff
requesting the application be deferred to the January 29, 2018 agenda. Staff supported
the deferral request.
The item was placed on the Consent Agenda and deferred to the January 29, 2018
agenda by a vote of 5 ayes, 0 noes and O absent.
2
Yeary Lindsey Architects
June 26, 2017
Mr. Monte Moore
Depa1tment of Planning and Development
723 West Markham
Little Rock, AR 72201
Dear Monte,
We are writing to request a variance to the height regulations for a residential fence for 2020 N.
Spruce Street This fence will be located afong the west property line. Our client is asking for a
height variance that would allow her new fence to aHgn at the top with her neighbor's fence to
the south. This fence, located at the southwest comer of 2020 N. Spruce is presently 8' -2 ½"
high from grade with posts extending to 8'-10 ½"high.We are asking that we be abJe to
continue horizontally with this same fence Hne across the entirety of the west property line. The
adjacent fence to the south is on higher ground and thus would necessitate that our fence wou!d
var1 in height from the ground from 8'-2 ½" to possibly 10' (+/-) depending on the slope of the
ground beiow. Because recent flooding from a nearby disconnected storm drain took out our
client's wood fence and flooded their house, our client proposes to build a masonry base
approximateiy 30" high (ranging in height per topography) with intermittent masonry (stone or
brick) piers approximately 10 to 12' apart and no larger than 24" square with wood fence infill.
This wm increase privacy for our client and also add uniformity to the view from the new home
being constructed to the west
Thank you for your careful consideration of this request. Please feel fr.9e to earl me wtth any
questions you may have.
3416 Old Cantrell Road Little Rock, J\..rka.nsas 72202 501-372-5940 Fax: 501-663-0043
AUGUST 28, 2017
ITEM NO.: D
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Z-9241
Robert and Kathryn Seely
Carolyn Lindsey Polk
5702 Scenic Drive
Lot HR, Block 2, East Palisades Addition
R-2
Variances are requested from the area provisions of Section
36-254 and the building line provisions of Section 31-12 to
allow a carport addition with a reduced front setback and
which crosses a front platted building line.
The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A.Public Works Issues:
No Comments
B.Staff Analysis:
The R-2 zoned property located at 5702 Scenic Drive is occupied by a two-story
frame single family residence. The property is located on the north side of Scenic
Drive, west of N. Taylor Street. The property has a severe slope downward from
front to back (south to north). An elevated drive and parking pad exists at the
southeast corner of the lot. The lot contains a 25 foot front platted building line.
The applicant proposes to construct a 22 foot by 30 foot carport cover over the
existing elevated parking pad, as noted on the attached site plan. The proposed
carport will be located five (5) feet back from the front (south) property line and 8.5
feet back from the east side property line. The carport structure will be located 1 O
feet back from the street curb. The structure will encroach across the 25 foot front
platted building line by approximately 20 feet.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet. Section 31-12( c) of the Subdivision Ordinance requires that
building line encroachments be reviewed and approved by the Board of Adjustment.
AUGUST 28, 2017
ITEM NO.: D (CONT.) Z-9241
Therefore, the applicant is requesting variances from these ordinance standards to
allow the carport addition with reduced front setback and which crosses a front
platted building line.
Staff does not support the requested front setback and building line encroachment
variances as filed. Staff does not view the request as reasonable. The residence
has existed with no covered parking since it was constructed. Staff does not believe
that the front encroachment is in keeping with the character of the neighborhood.
There are no similar encroachments on the properties immediately east and west of
the subject property. The property at 5804 Scenic Drive, referenced by the
applicant, does have a porte cochere which encroaches into the front setback, but
the width of the porte cochere is only nine (9) feet. Staff believes the proposed 30
foot wide covered structure, as proposed by the applicant, will have a significant
negative visual impact on the adjacent properties and is not compatible with the
overall area.
If the Board approves the building line variance, the applicant will have to complete
a one-lot replat reflecting the change in the platted front building line for the addition.
The applicant should review the filing procedure with the Circuit Clerk's office to
determine if the replat requires a revised Bill of Assurance.
C.Staff Recommendation:
Staff recommends denial of the requested front setback and building line variances,
as filed.
BOARD OF ADJUSTMENT (July 31, 2017)
Staff informed the Board that on July 28, 2017 the applicant submitted a letter to staff
requesting the application be deferred to the August 28, 2017 agenda. Staff supported
the deferral request.
The item was placed on the Consent Agenda and deferred to the August 28, 2017 agenda
by a vote of 3 ayes, O noes and 2 absent.
Staff Update:
On August 8, 2017, the applicant submitted a revised site plan to staff. The revised
plan decreases the size of the proposed carport addition and increases the
requested front setback for the addition. The proposed carport addition has been
revised from 22 feet by 30 feet to 20 feet by 22 feet-2 inches in area. The proposed
front setback is now 6.5 feet. The applicant is also proposing a small arbor structure
over the front door of the residence. A revised site plan and elevations have been
provided for Board review. Additionally, the applicant has submitted letters of
support from the two (2) adjacent property owners (5700 and 5704 Scenic Drive).
2
AUGUST 28, 2017
ITEM NO.: D (CONT.) Z-9241
Staff is supportive of the revised plan for the carport addition. The proposed carport
has been reduced in size by approximately 33 percent, with an increased front
setback. The unenclosed addition is being proposed over an existing parking
structure. The parking area is considered part of the residential structure because
it was constructed more than one (1) foot above the finished elevation of the lot.
Staff believes that with the addition remaining unenclosed, it should have no adverse
impact on the adjacent properties or the general area.
Revised Staff Recommendation:
Staff recommends approval of the revised site plan for the carport addition, subject
to the following conditions:
1.The carport addition must remain unenclosed on its east, west and south
sides.
2.The owner of the property at 5702 Scenic Drive must remove the carport
structure if the area is ever needed for future streeUutility widening.
3.A one-lot replat must be completed reflecting the change in the front platted
building line as approved by the Board.
BOARD OF ADJUSTMENT (August 28, 2017)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outline in the "staff recommendation" above. There
was no further discussion. The item was placed on the Consent Agenda and approved
as recommended by a vote of 4 ayes, 0 noes, 0 absent and 1 recusal (Lindsey-Polk).
3
Yeary Lindsey Architecti
June 21, 2017
Mr. Monte Moore
Department of Neighborhoods and Planning
728 Test Markham
Little Rock, AR 72201
Rte: Zoning Variance Application for
Seely Residence, 5702 Scenic Dr., Little Rock, AR 72207
Dear Monte,
This project consists of a carport addition to the main house, open on three sides, with a
storage closet, similar to what exists, located against the south gall of the house. The new
carport will! present a gable toward the street and tie into the existing roof of the house.
We are requesting a zoning variance to allow the following:
1) The carport encroachment into the platted 25' building line, reducing the front
setback to 5' -From the property line which translates Into 10' f rom the street curb.
This lot slopes greatly from the curb down to a lower level at the front of the house and the
house takes up the buildable space in the width of the lot. There is currently a suspended
parking pad in this location that also provides a walk to the front door.
Also, I measured from the curb to any structure higher than 4' above grade at 3 other houses
west of this house and found the following:
1) 5804 Scenic Dr. —the main wall of the house is 27' -8" from the curb with a carport to the
front that is 10' -0" from the curb to the column.
2) 5714 Scenic Dr. — the railing for steps down to the lower level is 15' -0" from the curb
3) 5706 Scenic Dr. — the front porch is 20' -8" from the curb
Since our proposed carport will be no closer to the street than the carport at 5804 Scenic and
since there are a couple of other houses that have encroached upon the 25' building
line /setback we feel the construction of this carport will be in keeping with the north side of the
street and will be a functional and aesthetic asset to the Owners. We also feel that,
technically, there is already a structure encroaching into the 25 front building line setback to
allow access to the house and provide off - street parking. We only wish to cover the suspended
parking pad to protect it and their cars from the weather.
Thank you for your time and consideration.
Sincerely,
Carolyn A. k d
sey, AIA f
Q
3416 (Did Cantrell' Road Litt e Rock, .ikrkansas 72202 701- 372 -5940 Fax: 501- 663 -0043
Moore, Monte
I live at the address below and of course I do not object to the construction of a carport for Katie, my
neighbor. I encourage infill development and not the expansion of urban sprawl. These sorts of
developments are best for midtown homes and should be welcomed by city officials. Call me if you
have any questions.
Thanks, Jim Nosari
Jim Nosari
Nosari Real Estate
5700 Scenic Drive
Little Rock, AR 72207
501.661.0025
Moore, Monte
:r4eo, b.
From: Ronald James <toad5704 @comcast.net>
Sent: Friday, August 11, 2017 4:29 PM
To: Moore, Monte
Subject: Carport at 5702 Scenic Drive 72207
Hello Mr Moore,
My name is Ronald James and I live at 5704 Scenic Drive. I do not have any problems with a carport being
added at 5702 Scenic Drive, the house next door. In fact, I think it's a good idea because it would raise values
and further, I love mine!
Thank you very much.
Best,
Ronald (James)
AUGUST 28, 2017
ITEM NO.: E
File No.:Z-9242
Owner: East Cantrell Development Company, LLC
Applicant: J.Eric Holloway, Holloway Engineering
Address: 2815 Cantrell Road
Description: South side of Cantrell Road, east of Rebsamen Park Road
Zoned: C-3
Variance Requested: Variances are requested from the parking provIsIons of
Section 36-502 and the buffer provisions of Section 36-521 to
allow a new development with reduced number of parking
spaces and reduced land use buffer.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Restaurant
Proposed Use of Property: Restaurant with Drive-Thru
STAFF REPORT:
A.Public Works Issues:
1.Due to the lack of drive aisle width due to vehicle stacking, the proposed parking
along the west property line should be aligned at a 45 degree angle.
2.Public Works staff is only reviewing the two (2) variances being requested. No
other aspects of the project are being considered nor approved at this time.
3.At the time of building permit, a traffic study/traffic control will be requested to be
provided addressing expected trip generation, expected customer stack lengths,
and timing of services based on other stores during peak service hours.
4.ADA compliant access ramps are required to be installed adjacent to Cantrell
Road in conformance with AHTD standard details;
5.12 inch wide, white, striping should be provided from the concrete island past the
order point and menu board to direct vehicles towards the pick-up window and
not block the access easement;
6.Pedestrian access ramp with striping should be provided from the public sidewalk
to the front door of the proposed building.
B.Landscape and Buffer Issues:
Site plan must comply with the City's minimal landscape / buffer ordinance
requirements.
Signage is to be reviewed and permitted separately.
AUGUST 28, 2017
ITEM NO.: E (CONT.) Z-9242
Street buffers will be required at six (6) percent of the average depth of the lot.
The minimum dimension shall be one-half (1/2) the full width requirement. The
property is located in the City's designated mature area. A twenty-five (25%)
percent reduction of the buffer requirements is acceptable. The property has an
approximate average depth of 200 feet.
Screening requirements will need to be met for the vehicular use areas adjacent to
street right-of-ways. Provide screening shrubs with an average linear spacing of
not less at three (3) feet on center within the required landscape area. Provide
trees with an average linear spacing of not less than thirty (30) feet. Planting strip
has been deleted due to a platted access easement.
A perimeter planting strip is required along any side of a vehicular use area that
abuts adjoining property or the right-of-way of any street. This strip shall be at least
nine (9) feet wide. The property is located in the City's designated mature area. A
twenty-five (25%) percent reduction of the buffer requirements is acceptable. The
minimum dimension of the perimeter planting strip shall be six (6) feet nine (9)
inches. One (1) tree and three (3) shrubs or vines shall be planted for every thirty
(30)linear feet of perimeter planting strip.
For parking areas with twelve or more spaces eight percent (8%) of the vehicular
use area must be designated for green space; this green space needs to be evenly
distributed throughout the parking area(s). The minimum size of an interior
landscape area shall be one hundred fifty (150) square feet for developments with
one hundred fifty (150) or fewer parking spaces. Trees shall be included in the
interior landscape areas at the rate of one (1) tree for every twelve (12) parking
spaces.
Building landscape areas shall be provided between the vehicular use area used
for public parking and the general vicinity of the building. These shall be provided
at the rate equivalent to planter strip three (3) feet wide along the vehicular use
area. One (1) tree and four (4) shrubs shall be planted in the building landscape
areas for each forty (40) linear feet of vehicular use area abutting the building.
An irrigation system shall be required for developments of one ( 1) acre or larger.
For developments of less than one (1) acre there shall be a water source within
seventy-five (75) feet of all plant material if an automatic irrigation system is not
provided.
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.
2
AUGUST 28, 2017
ITEM NO.: E (CONT.)
C.Staff Analysis:
Z-9242
The C-3 zoned property at 2815 Cantrell Road is occupied by a one-story
commercial/restaurant building. The property is located on the south side of Cantrell
Road, west of Riverfront Drive. The existing building is located near the east side
property line. Paved parking is located on the west, north and south sides of the
building. An access drive from Cantrell Road is located at the northwest corner of
the site. The property contains a 20 foot wide common access easement along the
front and rear (north and south) property lines and a 20 foot wide common access
easement ( 10 feet on this property) along the east side property line. The lot also
contains a 40 foot platted front building line. A 15 foot wide utility easement is
located along the front (north) property line and a 10 foot wide utility easement is
located along the rear (south) property line.
The applicant proposes to remove the existing commercial building and redevelop
the site by constructing a new Starbucks restaurant, as noted on the attached site
plan. The proposed restaurant building will be located near the center of the
property. The proposed building will have 2300 square feet of building area. An
outdoor dining area will be located on the north side of the building, with 351 square
feet of area. Paved parking will be located on the west side of the building, with the
access drive from Cantrell Road remaining near its current location. A drive-thru
window will be located on the east side of the building, with the menu/order board
being on the south side of the structure. A total of 19 parking spaces (three (3)
spaces credited for the drive-thru) will be located on the site. A dumpster area will
be located near the southwest corner of the site. Landscaped areas will be provided
as required. The existing access easements will remain open and dedicated to
cross-access as required.
The applicant is requesting two (2) variances with the proposed development. The
first variance is from Section 36-502(b )(3)c. of the City's Zoning Ordinance. This
section requires a minimum of 26 parking spaces for the proposed restaurant use.
The proposed site plan contains 19 parking spaces. Therefore, the applicant is
requesting a variance from this ordinance requirement.
The second variance is requested from the buffer provisions of Section 36-521 (f).
This section requires that the right-of-way of any utility easement not be used in
computing the depth or area of a land use buffer in developments abutting property
used or zoned for single family. The applicant is providing the appropriate land use
buffer width along the south property line, adjacent to R-2 zoning. However, the
buffer is located within a utility easement. Therefore, the applicant is requesting a
variance to allow the land use buffer to be located within the utility easement.
Staff is supportive of the requested parking and buffer variances. Staff views the
request as reasonable. Development of the site is greatly impacted due to the
amount of the site occupied by common access and utility easements. The applicant
has noted that over 70 percent of the restaurant's business is via drive-thru
customers, and that the amount of parking proposed should be adequate to serve
their walk-in business. Staff agrees with this assessment. Additionally, the design
3
AUGUST 28, 2017
ITEM NO.: E (CONT.) Z-9242
of the parking required, due to the access easement situation, decreases the amount
of parking spaces which can be constructed on the site (angled parking vs. right
angle parking). With respect to the land use buffer variance, staff feels that the
buffer being provided within the utility easement is appropriate, given the fact that
there is a 20 foot wide access easement outside the utility easement. The land use
buffer being provided on the north side of the access easement would serve no
purpose. Additionally, the R-2 zoned property immediately to the south is wooded
and contains a steep slope upward to the homes at the top of the hill along
Edgerstoune Lane. Staff believes the requested parking and buffer variances will
have no adverse impact on the adjacent properties or the general area.
D.Staff Recommendation:
Staff recommends approval of the requested parking and buffer variances, subject
to the following conditions:
1.Compliance with the Public Works requirements as noted in paragraph A. of
the staff report.
2.Compliance with the Landscape and Buffer requirements as noted in
paragraph B. of the staff report.
BOARD OF ADJUSTMENT (July 31, 2017)
Staff informed the Board that on July 17, 2017 the applicant submitted a letter to staff
requesting the application be deferred to the August 28, 2017 agenda. Staff supported
the deferral request.
The item was placed on the Consent Agenda and deferred to the August 28, 2017 agenda
by a vote of 3 ayes, 0 noes and 2 absent.
BOARD OF ADJUSTMENT (August 28, 2017)
Eddie Bailey, James Harkins and Eric Holloway were present, representing the
application. There was one (1) person present with concerns. Staff presented the
application with a recommendation of approval. Staff noted that the application had been
revised to remove the landscape area from the north access easement ( along Cantrell
Road) and move the landscape area to the south side of the access easement.
Eddie Bailey addressed the Board in support of the application. He reviewed the project
with the Board. James Harkins noted that concerns were raised by the neighbor to the
south. He noted that hours of operation would be 6:00 a.m. to 10:00 p.m. He noted that
landscaping would be installed along the south property line to aid in sound buffering from
the menu speaker.
4
AUGUST 28, 2017
ITEM NO.: E (CONT.) Z-9242
Robin Raveendran addressed the Board. He noted that his concerns with hours and noise
had been addressed by the applicant.
Eddie Bailey noted that the required trees to be planted along the south property line
would be increased in size. Staff noted that the menu board would need to be buffered
with a sound wall as required by ordinance.
There was a motion to approve the application as amended and recommended by staff.
The vote was 5 ayes, 0 noes and 0 absent. The revised application was approved.
5
HOLLO�t1IAY ENGJNEERU�iG
Surveying, & Civil Design, PLLC
June 26 1 2017
Monty Moore
City of Little Rock Planning and Development
723 West Markham Street
Little Rock ! AR 72201
RE: Zoning Variance Application for 2815 Cantrell Road I Little Rock 1 Pulaski County1
Arkansas
Mr. Moore,
Please find attached 6 copies of the Site Plan and Survey for the above referenced
project along with a check in the amount of $205.00 for the review fee.
The Cook-Alworth Addition was created in the late 19601 s early 1970's with very smaH
lots utilizing shared access drives to accommodate each individual commercial
development. The majority of the sites need to be upgraded due ta faiiing infrastructure
and their non-compliance to City Codes and Ordinances. The latter is significantly
constrained by the original village style small lot development and the aforementioned
common drives.
The applicant would like to accomplish an upgrade of the existing Shoguns Restaurant
through demolition and reconstruction of the lot for a Starbucks coffee shop. This
particular user tends to improve the surrounding property values through increased
traffic counts 1 which will likely lead to re-development of the remaining Cook-Alworth
lots to be more consistent with the area commercial sites closer to Rebsamen Park.
After several renderings it is apparent that a variance of the land use 1 street buffer, and
parking variance will be required to accomplish this upgrade.
If you have any questions please don't hesitate to call me at 501-851-3366.
17liincy<ety, 1 / I .· / / /i . �! I I I /
,i, J �' ,, , y _/ // (} , · );f 1/:)L' i i · .-· . J. \ o,,.,t \ /,.,..r:__.-1 " ' ' •. / .J. Eric Holloway /., ) '/ / � 1; !,I
JEH/ba
Office: 200 Casey Drive, Maumelle, AR 72113
Phone: 501-851-3366 Fa.�: 501-851-3368 Email: aclroin@hollo-way-eng com
AUGUST 28, 2017
ITEM NO.: 1
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Z-6878-A
Curtis Finch and BQFA Holding Company, LLC
Dickson Flake
1123 S. University Avenue
Northeast corner of S. University Avenue and W. 12th Street
C-3
A variance is requested from the area provisions of Section
36-301 to allow a generator structure with reduced setbacks.
The applicant's justification is presented in an attached letter.
Present Use of Property: Office
Proposed Use of Property: Office
STAFF REPORT
A.Public Works Issues:
1.Steps should be taken for the proposed electrical conduit to be bored beneath
the existing box culvert or strung above ground.
B.Staff Analysis:
The C-3 zoned property at 1123 S. University Avenue is occupied by a ten (10) story
office building located near the center of the property. The site is located at the
northeast corner of S. University Avenue and W. 12th Street. W. 10th Street runs
along the north property line. Paved parking is located along all sides of the office
building. Access drives from S. University Avenue, W. 12th Street and W. 10th Street
serve the property.
The applicant proposes to construct an enclosed emergency generator structure at
the northeast corner of the property, as noted on the attached site plan. The
proposed structure will be 15 feet-4inches by 24 feet in area. The structure will be
a solid block concrete enclosure, with a factory installed enclosure cover. The
structure will be located 1 O feet back from the north side property line and 10 feet
back from the east (rear) property line. The applicant notes that the generator will
be tested for five (5) minutes once a week, and that the time may be established at
midday in the middle of the week.
AUGUST 28, 2017
ITEM NO.: 1 (CONT.) Z-6878-A
Sections 36-301 (e)(2) and (3) of the City's Zoning Ordinance require minimum
building setbacks of 25 feet from the north and east property lines. Therefore, the
applicant is requesting variances from these ordinance requirements to allow the
generator structure with reduced setbacks of 10 feet from the north and east property
lines.
Staff is supportive of the requested setback variances. Staff views the request as
reasonable. The applicant is proposing a relatively small structure (368 square feet)
within a very large commercial property. The structure is being placed on the
property to minimize the loss of existing parking spaces. Commercial uses are
located west and north of the site, with a cemetery to the east. A street right-of-way
and a parking lot separate the generator structure location from the hotel building to
the north. With testing of the generator being once a week, as described by the
applicant, staff believes the location with reduced building setbacks will have no
adverse impact on the adjacent properties or the general area.
C.Staff Recommendation:
Staff recommends approval of the requested building setback variances, subject to
compliance with the Public Works requirement as noted in paragraph A. of the staff
report.
BOARD OF ADJUSTMENT (August 28, 2017)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outline in the "staff recommendation" above. There
was no further discussion. The item was placed on the Consent Agenda and approved
as recommended by a vote of 5 ayes, 0 noes and O absent.
2
August 1, 2017
Little Rock Board of Zoning Adjustment
c/ o Department of Planning and Development
723 West Markham Street
Little Rock, AR 782201
Gen tlepersons,
-;:f� di I �-t&'1k'-A
Attached is the application on behalf of the University Tower building, 1123 South University Avenue,
requesting a setback variance for the to-be-installed standby emergency generator and its enclosure.
The ordinance setback requirement will isolate two parking spaces behind the generator enclosure,
effectively making these spaces unusable.
There is no adverse effect on the surrounding properties. The location is contiguous to a drainage
channel and cemetery on the east side and is across 10th Street from the Sheraton hotel use. The
enclosure is solid block concrete, combining its sound mitigation with the factory-installed enclosure
cover. The generator will be exercised for five minutes once a week, and this time may be established
during midday in the middle of the week. Any noise transmission heard by the neighboring
commercial uses will be considerably less than the semi-weekly dumpster pickup, typically at early
hours. The enclosure will serve the same purpose as a wall, which is permitted by right, and it will be
secured with no traffic or access accept for the occasional servicing.
Sincerely,
��
L.Dickson Flake -�
Enclosure
AUGUST 28, 2017
ITEM NO.: 2
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Z-9233-A
Capital Group Inventory, LLC
Terry Burruss
603 W. Markham Street
South side ofW. Markham Street, between S. Arch and S. Gaines
Streets
uu
A variance is requested from the development provisions of
Section 36-342.1 to allow a building to be converted to a
parking structure.
The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Building
Proposed Use of Property: Parking Structure (ground floor)
STAFF REPORT
A.Public Works Issues:
1.A driveway apron is required to be constructed on Arch St. in accordance with
City of Little Rock driveway details.
B.Staff Analysis:
The UU zoned property located at 603 W. Markham Street is occupied by a vacant,
two-story, brick and frame building. A 20-space parking lot, with access off of Arch
Street, is located behind the building. The property is located on the south side of
W.Markham Street, between S. Arch and S. Gaines Streets.
The new owners of the property have plans for redevelopment of the site, including
phased redevelopment of the existing building. The first phase is to use the ground
floor of the building for a parking structure with access off of West Markham. Future
phase will possibly include putting active uses in the building. The proposed parking
structure is a permitted use in the UU district, subject to some design criteria which
must be met.
The applicants are proposing to use the existing surface parking lot behind the
building as a commercial parking lot with spaces being rented for hourly, daily and
monthly parking. On August 3, 2017 the Planning Commission approved a
conditional use permit for the commercial parking lot.
AUGUST 28, 2017
ITEM NO.: 2 (CONT.) Z-9233-A
The applicant is requesting one (1) variance with the proposed redevelopment of the
building. Section 36-342.1 (c )(1 0)a. of the City's Zoning Ordinance requires that
parking structures along Markham Street (in addition to other primary streets) have
active uses other than parking (such as office, light retail, personal services and
entertainment) or building fagade constructed to meet the standards of this section
along the first floor of said frontage. Therefore, the applicant is requesting a variance
from this ordinance requirement to allow the first floor of the existing building to be
used as a parking structure with no active uses or closed fa9ade along the W.
Markham Street frontage.
Staff is supportive of the requested variance. Staff views the request as reasonable.
The applicant is proposing to use the first floor of the existing building as a parking
structure "as an interim use while a building development plan is finalized." The
applicant notes that the "open fa9ade" is proposed in order to not have the
requirement to fire sprinkle the building at this time. Staff feels that the proposed
use of the building represents a good interim use, with future further building
redevelopment. Staff believes the proposed use of the building's first floor will have
no adverse impact on the adjacent properties or the general area.
C.Staff Recommendation:
Staff recommends approval of the requested variance from the UU development
standards, subject to compliance with the Public Works requirement as noted in
paragraph A. of the staff report.
BOARD OF ADJUSTMENT (August 28, 2017)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outline in the "staff recommendation" above. There
was no further discussion. The item was placed on the Consent Agenda and approved
as recommended by a vote of 5 ayes, 0 noes and 0 absent.
2
11912 KAKIS ROAD, SUITE F -8
LITTLE ROCK, ARKANSAS 72211
501- 376 -3676 FAX 376 -3766 :r-4,
r
design, planning and interiors
rs
August 1, 2017
Mr. Monte Moore
Zoning and Enforcement Administrator
Department of Planning & Development
City of Little Rock
723 W. Markham
Little Rock, AR 72201
RE: Shepherd Building
Variance Request
603 W. Markham
Little Rock, Arkansas
A/E # 1713
Dear Mr. Moore:
Attached please find 6 copies of the Survey /Site Plan for the above referenced project. Our
client is proposing to utilize the ground floor for parking as an interim use while a building
development plan is finalized. We are requesting a variance to allow ground"floor parking as
well as an open street facade. The "open facade" is required by building code to keep from
sprinkling the building (cost - prohibitive for this phase of the development).
We appreciate your consideration on this request. If there are any questions or additional
information is needed, please call. We can also be reached by email at
tbadesignplanning @sbcglobal.net.
Yours very truly,
Terry G. Burruss, AIA
AUGUST 28, 2017
ITEM NO.: 3
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Z-9237-A
James Robert Boles
Mark Hodge
10010 Interstate 30
North side of 1-30, east of Mabelvale Pike
R-2 (C-4 pending)
A variance is requested from the buffer provisions of Section
36-521 to allow less than 70 percent of a land use buffer to
remain undisturbed.
The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Land
Proposed Use of Property: Retail Store
STAFF REPORT
A.Public Works Issues:
1.A grading permit in accordance with Section 29-186 (c) & (d) will be required
prior to any land clearing or grading activities at the site. Other than residential
subdivisions, site grading and drainage plans must be submitted and approved
prior to the start of construction.
2.Storm water detention ordinance applies to this property. At time of construction,
show the proposed location for stormwater detention facilities on the plan.
Maintenance of the detention pond and all private drainage improvements is the
responsibility of the developer and/or property owner.
B.Landscape and Buffer Issues:
1.Site plan must comply with the City's minimal landscape/buffer ordinance
requirements.
2.Signage is to be reviewed and permitted separately.
3.Screening requirements will need to be met for the vehicular use areas adjacent
to street right-of-ways. Provide screening shrubs with an average linear spacing
of not less than three (3) feet within the required landscape area. Provide trees
with an average linear spacing of not less than thirty (30) feet.
AUGUST 28, 2017
ITEM NO.: 3 (CON'T.) Z- 9237 -A
4. A perimeter planting strip is required along any side of a vehicular use area that
abuts adjoining property or the right -of -way of any street. This strip shall be at
least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be
planted for every thirty (30) linear feet of perimeter planting strip. The north
perimeter planting strip is less than nine (9) feet in width.
A portion of the southwest perimeter planting strip is deficient.
5. A land use buffer will be required when an adjacent property has a dissimilar use
of a more restrictive nature. As a component of all land use buffer requirements,
opaque screening, whether a fence or other device, a minimum of six (6) feet in
height shall be required upon the property line side of the buffer. A minimum of
seventy (70) percent of the land use buffer shall be undisturbed. Easements
cannot count toward fulfilling this requirement. The plantings, existing and
purposed, shall be provided within the landscape ordinance of the city, section
15 -81. The property to the north is zoned PDR, a minimum buffer will be required
at six (6) percent of the average width of the lot but no case less than nine (9)
feet.
Opaque screening will be required adjacent to the R -2 properties. Requirements
for landscaping in land use buffers shall be the same as perimeter landscaping.
In addition to the opaque screen plant material shall be provided at the rate of
one (1) tree and three (3) shrubs or vines for every thirty (30) linear feet of land
use buffer.
6. For parking areas with twelve or more spaces eight percent (8 %) of the vehicular
use area must be designated for green space; this green space needs to be
evenly distributed throughout the parking area(s). The minimum size of an
interior landscape area shall be one hundred fifty (150) square feet for
developments with one hundred fifty (150) or fewer parking spaces.
7. Building landscape areas shall be provided between the vehicular use area used
for public parking and the general vicinity of the building. These shall be provided
at the rate equivalent to planter strip three (3) feet wide along the vehicular use
area. One (1) tree and four (4) shrubs shall be planted in the building landscape
areas for each forty (40) linear feet of vehicular use area abutting the building.
8. An automatic irrigation system to water landscaped areas shall be required for
developments of one (1) acre or larger.
9. All landscape areas shall be protected as per City of Little Rock Landscape
ordinance (Sec. 15 -100). Provide notes on plan specifying type and location of
mulch, edging, wheel stops, and /or concrete curb and gutter.
2
AUGUST 28, 2017
ITEM NO.: 3 {CONT.) Z-9237-A
10.All ground or roof mounted mechanical systems shall be screened from abutting
properties and streets. Any trash receptacles or pickup shall be oriented away
from a primary street side of the property and screened from the public right-of
way. Screen shall exceed the height of the dumpster or trash containment areas
by at least two (2) feet not to exceed eight (8) feet total height.
11.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.
C.Staff Analysis:
The 2.916 acre property located at 10010 Interstate 30 is currently undeveloped.
Remnants of an old asphalt drive, parking and concrete building foundation exist
within the south one-third of the property, along the 1-30 frontage road. The
remainder of the property is undeveloped and tree-covered. On August 3, 2017 the
Little Rock Planning Commission approved a rezoning of the property from R-2 to
C-4. The rezoning is currently pending before the Board of Directors.
The applicant is proposing to develop the site for a new Northern Tool and
Equipment retail store. An 18,000 square foot building is proposed near the center
of the site, as noted on the attached site plan. Paved parking will be located on the
south and west sides of the building, with an access drive from the 1-30 frontage
road at the southwest corner of the site. Landscape and buffer areas will be provided
as required.
The applicant is requesting one (1) variance with the proposed development.
Section 36-521 (f) of the City's Zoning Ordinance require that a minimum of 70
percent of land use buffers remain undisturbed. This proposed development
requires land use buffers along the east and west property lines due to the fact that
these adjacent properties are zoned R-2. A highway department maintenance
facility is located on the property to the west. The property to the east is undeveloped
and previously contained non-conforming commercial uses. The applicant is
proposing the appropriate buffer widths along both side property lines. The buffer
area along the west property line will remain 79 percent undisturbed. The buffer
area along the east property line will be approximately 17 percent undisturbed. The
applicant notes that the east buffer will have to be disturbed in order to grade the
site and install utility lines. Therefore, the applicant is requesting a variance to allow
less than 70 percent of the land use buffer along the east property line to remain
undisturbed.
Staff is supportive of the requested buffer variance. Staff views the request as
reasonable. Although the property to the east is zoned R-2, the property contains
no single family development, and has had past non-conforming commercial uses
(swimming pool sales and a flea market). Additionally, the property to the east is
designated as "Commercial" on the City's Future Land Use Plan. Staff feels that
with the proposed Northern Tool and Equipment development, the property to the
east will likely develop as commercial in the near future. Staff believes the proposed
3
AUGUST 28, 2017
ITEM NO.: 3 (CON'T.) Z-9237-A
development with the east buffer being less than 70 percent undisturbed will have
no adverse impact on the adjacent properties or the general area.
D.Staff Recommendation:
Staff recommends approval of the requested buffer variance, subject to the following
conditions:
1.Compliance with the Public Works requirements as noted in paragraph A.
of the staff report.
2.Compliance with the Landscape and Buffer requirements as noted in
paragraph B. of the staff report.
3.The rezoning of the property must be approved by the Board of Directors
prior to a building permit being issued.
BOARD OF ADJUSTMENT (August 28, 2017)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outline in the "staff recommendation" above. There
was no further discussion. The item was placed on the Consent Agenda and approved
as recommended by a vote of 5 ayes, 0 noes and O absent.
4
Greenbergf arm
July 31, 2017
Mr. Monte Moore
City of Little Rock
Department of Planning and Development
723 West Markham
Little Rock, Arkansas 72201
Re Zoning Variance for Land Use buffer
Northern Tool + Equipment
10010 Interstate 30
Little Rock, Arkansas
Mr. Moore:
21 South Evergreen Avenue Suite 200 Arlington Heights, IL 60005
t: 847 788 9200
r +e.,._ """3 i:-'ji37-A
ATLANTA LOS ANGELES NEW JERSEY CHICAGO NEW YORK DALLAS BOSTON COLUMBUS WISCONSIN BENTONVILLE PHILADELPHIA FRESNO MEMPHIS SHANGHAI MEXICO CITY
On behalf of our client Oppidan, please find enclosed the required application for zoning variance, site plan,
landscape plan and survey.
It is Oppidan's desire to develop a single-story +/-18,000 square foot Northern Tool + Equipment retail building
with associated improvements. We understand the City requires a minimum of 70% of the land use buffer shall
be undisturbed. Due to the existing site topography, grade changes, dry utilities and off-site contributing
stormwater discharge to the property, the landscape buffer will be regraded in order promote positive conveyance
and drainage of stormwater. In addition, the landscape buffer will be disturbed for utility installation required to
service the proposed building. Please note the overall project proposes to maintain existing vegetated open
space areas, while adding additional landscape areas at the western and northern property limits.
We respectfully request the Little Rock Board of Adjustment to review and grant the requested variance for land
use buffer for the Northern Tool+ Equipment project.
Keri Williams, PE
Cc: Jay Moore, Oppidan (via email)
Bill Pew, Oppidan (via email)
Matt Walsh, GreenbergFarrow (via email)
AUGUST 28, 2017
ITEM NO.: 4
File No.:
Owner/Applicant:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Z-9248
Danny H. Young
6907 Camelot Drive
Lot 31, Yorkwood Addition
R-2
Variances are requested from the area provisions of Section
36-156 and the building line provisions of Section 31-12 to
allow a detached carport with reduced setbacks and which
crosses a platted building line.
The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A.Public Works Issues:
1.In accordance with Section 32-8, no obstruction to visibility shall be located within
a triangular area 50 ft. back from the intersecting right-of-way line ( or intersecting
tangent lines for radial dedications) at the intersection of Camelot Drive with Lionel
Drive. The proposed structure is within the sight triangle and will obstruct visibility.
B.Staff Analysis:
The R-2 zoned property located at 6907 Camelot Drive is occupied by a one-story
rock and frame single family residence. The property is located at the southeast
corner of Camelot Drive and Lionel Drive. A two-car wide driveway from Camelot
Drive is located at the northwest corner of the lot. The driveway leads to a two-car
garage at the northwest corner of the house. The lot contains a 25 foot front platted
building line (west property line) and a 25 foot street side (north property line) platted
building line.
The applicant recently installed a metal carport structure over a portion of the
driveway area, as noted on the attached site plan. The carport is located at the
northwest corner of the lot and is approximately 11 feet by 21 feet in area (231
square feet). The carport is located approximately six (6) feet from the house and
crosses the north property line (into the right-of-way) by approximately one (1) foot
to 2.5 feet. The carport structure is located entirely between the 25 foot platted
building lines and the front and street side platted building lines. The carport was
placed on the property to cover a van which the applicant uses for transport, as he
is confined to a wheel chair.
AUGUST 28, 2017
ITEM NO.: 4 {CONT.) Z-9248
Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum front
setback of 60 feet and a minimum street side setback of 15 feet for accessory
structures in R-2 zoning. Section 31-12( c) of the Subdivision Ordinance requires
that building line encroachments be reviewed and approved by the Board of
Adjustment. Therefore, the applicant is requesting variances from these ordinance
standards to allow the carport structure with reduced front and street side setbacks
and which crosses front and street side platted building lines.
Staff does not support the requested setback and building line variances. Staff does
not view the request as reasonable. The existing house has an enclosed garage
structure which could be used to park the van, with ingress and egress being out of
the elements. Additionally, Public Works notes that the carport structure is located
within the 50 foot sight triangle area at the intersection corner, and that it will obstruct
visibility for vehicular traffic at this intersection. Staff believes the carport structure
creates a safety issue and should be removed from the property.
C.Staff Recommendation:
Staff recommends denial of the requested setback and building line variances.
BOARD OF ADJUSTMENT (August 28, 2017)
Danny Young was present, representing the application. There were no objectors
present. Staff presented the application with a recommendation of denial.
Danny Young addressed the Board in support of the application. He stated that he did
not know of the setback requirements when he placed the carport on the site. He
discussed his physical disabilities and why he needed the carport. There was a brief
discussion of Mr. Young's issues.
Naomi Ballard addressed the Board in support of the application. She noted that she
was Mr. Young's caregiver. She explained that he needed the carport structure based
on his disability.
Carolyn Lindsey-Polk asked about the sight triangle requirement by Public Works.
Vince Floriani, of Public Works, explained the sight triangle requirement for this
intersection. There was a brief discussion of this issue.
Chairman Yates asked about the possibility of deferring the application for Mr. Young to
meet with staff to explore an alternate location for the carport structure. Mr. Young
noted that he would be in favor of deferring the application.
There was a motion to defer the application to the September 25, 2017 agenda. The
vote was 5 ayes, 0 noes and O absent. The application was deferred.
2
July 10, 2017
RE: My Property on 6907 Camelot, Little Rock AR. 72209
Cover Letter for Application for Zoning Variance
My name is Danny Young, I am the home owner to the property at 6907 Camelot, Little Rock,
Ar. 72209. I have been in a wheel chair and I am a complete paraplegic, and have been for 40
years. On 6/26/1 7 a code enforcement officer came out to notify me that my side carport had to
be removed. I am in a wheel chair, I have congestive heart failure and a paraplegic, COPD, and I
have a van with the electrical ramp that allows me to get in and out of my van without assistance.
I am on 3 or 4 different medications that tell me to stay out of direct sun light. I have also
enclosed a letter from my physician at the VA Hospital. I live alone and have to get to doctor
appointments and handle all of my business without the assistance of anyone else. I am in need
of this carport because it allows me to be able to have more open space for my ramp to get inside
my van, and not be in the direct sun or rain. This is the only option I have. I hope that I would be
allowed to keep my carport. It is a necessity and not a want. My van is equipped for all of my
wheel chair needs, I just need this space in order to maneuver and continue to have my
independence. It also cost me to have this put up, and will also cost me to have it removed.
Sincerely,
Danny H. Young
MEDICAL RECORD Progress Notes
--------------------------------------------------------------------------------
NOTE DATED: 06/26/2017 11:53
LOCAL TITLE: SCI GENERAL NOTE
STANDARD TITLE: SPINAL CORD INJURY NOTE
VISIT: 06/22/2017 10:48 NLR PC SCI TELE 34
CENTRAL ARKANSAS VETERANS HEALTHCARE SYSTEM
4300 West 7th Streeet
Little Rock, AR. 72203
JUN 26, 2017
DANNY HORACE
6907 CAMELOT
LITTLE ROCK,
DANNY HORACE YOUNG,
TO WHOM IT MAY CONCERN:
YOUNG
ARKANSAS 72209
This is to state that Mr Danny Young, a 63 year old male veteran, is a complete
paraplegic and is being followed up for late effects of spinal cord injury at th
North Little Rock VA SCI clinic.
Veteran reports that he has arranged for installation of a portable carport at h
house. As his primary care physician, I agree that this will definitely be of he
with patient transporting in and out of his van to make doctor's visits and othe
medical appointment. Patient uses power chair for mobility and is transported in
van. The covering provided by the carport will make his transfers in and out of
the van more safe especially in bad weather.
Meshach Samuel, M.D.
Spinal Cord Injury
Central Arkansas Veteran's Health Care Service
Little Rock, AR.
Signed by: /es/ MESHACH V SAMUEL
MD
06/26/2017 12:06
--------------------------------------------------------------------------------
YOUNG,DANNY
HORACE
CENTRAL
ARKANSAS HCS
Printed:06 /26/2017
13:51
431 -90 -1788
--------------------------------------------------------------------------
DOB:12/03/1953
Pt Loc:
OUTPATIENT
Vice
SF 509
- - - - --
AUGUST 28, 2017
ITEM NO.: 5
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Z-9249
Christopher Attig and Jennifer Steele
Michael A. Austin
1922 W. 22 nd Street
Northeast corner of W. 22 nd Street and Summit Avenue
R-4
A variance is requested from the fence provisions of Section
36-516 to allow a fence which exceeds the maximum height
allowed.
The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A.Public Works Issues:
No Comments.
B.Staff Analysis:
The R-4 zoned property located at 1922 W. 22nd Street is occupied by a two-story
frame single family residence. The property is located at the northeast corner of W.
22 nd Street and Summit Avenue. A two-story frame accessory building is located at
the northeast corner of the property. A one-car wide driveway from Summit Avenue
leads to the accessory structure.
The applicant recently constructed a six (6) foot high wood fence enclosing the rear
yard area and a portion of the west side yard area, as noted on the attached site
plan. The six (6) foot high wood fence extends from the west wall of the residence
and runs along the west side property line and ties into the accessory structure at
the northeast corner of the lot. The six (6) foot high fence also runs along the east
side property line and ties into the northeast corner of the residence. A three (3) foot
high metal fence is located along the remainder of the east side property line.
AUGUST 28, 2017
ITEM NO.: 5 (CON'T.) Z -9249
Section 36- 516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence
height of four (4) feet for fences located between building setback lines and street
rights -of -way. Six (6) foot high fences are allowed elsewhere on residential lots.
Therefore, the applicant is requesting a variance to allow that portion of the six (6)
foot high wood fence located between the 6.6 foot side building setback line and the
west (street side) property line.
Staff is supportive of the requested fence height variance. Staff views the request
as reasonable. The proposed fence will not be out of character with other fences on
corner lots within this neighborhood. The residence immediately to the north, which
faces W. 21St Street, has a six (6) foot high wood fence enclosing the rear yard area.
This fence is located along the same Summit Avenue side property line as the
subject fence. Staff believes the proposed fence will have no adverse impact on the
adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested fence height variance, as filed.
BOARD OF ADJUSTMENT
(August 28, 2017)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outline in the "staff recommendation" above. There
was no further discussion. The item was placed on the Consent Agenda and approved
as recommended by a vote of 5 ayes, 0 noes and 0 absent.
2
Request for variance for fence located at 1922 West 22nd
Applicant wished to construct a wood privacy fence with a height of 6 feet around the backyard of the
property located at 1922 West 22nd Street, Little Rock, AR. 72202. The West facing side of the yard runs
along South Summit Street. The fence height would exceed the 4 foot requirement and therefore
require a variance. There are multiple dwellings throughout the neighborhood that are improved with
similar fences.
This request is on behalf of the property owners and is the result of concerns with regard to safety of
property and overall security of the dwelling.
Thanks
Michael A Austin
AUGUST 28, 2017
ITEM NO.: 6
File No.:
Owner/Applicant:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Z-9250
Jake and Julie Fiser
5111 "R" Street
South side of "R" Street, west of Kavanaugh Blvd.
R-2
Variances are requested from the area provisions of Section
36-156 and the fence provisions of Section 36-516 to allow an
accessory structure with increased rear yard coverage and a
fence which exceeds the maximum height allowed.
The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A.Public Works Issues:
No Comments.
8.Staff Analysis:
The R-2 zoned property located at 5111 "R" Street is occupied by a one-story frame
single family residence. The property is located on the south side of "R" Street, west
of Kavanaugh Blvd. A 20 foot wide alley runs along the east side and rear (south)
property lines. The rear yard is currently fenced.
The applicant proposes to construct a 20 foot by 21 foot garage structure at the
southeast corner of the property, within the rear yard area, as noted on the attached
site plan. The proposed garage will be one (1) story in height. It will be set back
three (3) feet from the east side property line and zero (0) feet from the rear (south)
property line. The proposed garage will occupy 33.5 percent of the required rear
yard area (rear 25 feet of the site). The applicant is also proposing to construct an
eight (8) foot high wood fence to enclose the rear yard area, also noted on the
attached site plan.
Section 36-156(a)(2)c. of the City's Zoning Ordinance allows a maximum rear yard
coverage of 30 percent for accessory buildings in R-2 zoning. Section 36-
516(e)(1 )a. allows a maximum fence height of six (6) feet for the rear yard area of
the subject property. Therefore, the applicant is requesting variances to allow the
accessory garage structure with a 33.5 percent rear yard coverage and an eight (8)
foot high fence to enclose the rear yard area.
AUGUST 28, 2017
ITEM NO.: 6 (CONT.) Z-9250
Staff is supportive of the requested coverage and fence height variances. Staff
views the request as reasonable. The requested rear yard coverage variance for
the proposed garage is a very minor variance, being only 3.5 percent over the
allowed 30 percent rear yard coverage. The proposed garage will not be out of
character with the neighborhood, as there are a number of other similar size
structures in the area. With respect to the fence height variance, eight (8) foot high
fencing has increasingly become a popular fence height in single family areas. Eight
(8)foot high fences provide an increased level of screening and privacy over the
typical six (6) foot fence height. Staff believes the requested increased coverage for
the proposed garage and height for the proposed fence will have no adverse impact
on the adjacent properties or the general area.
C.Staff Recommendation:
Staff recommends approval of the requested coverage and fence height variances,
as filed.
BOARD OF ADJUSTMENT (August 28, 2017)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outline in the "staff recommendation" above. There
was no further discussion. The item was placed on the Consent Agenda and approved
as recommended by a vote of 5 ayes, 0 noes and O absent.
2
Jake and Julie Fiser
5120 R St. Little Rock, AR, 72207
July 21, 2017
Dear Board of Adjustment,
We are \Vriting to request two residential zoning variances for 5111 R st.
First, we would like to request an 8 ft fence for the backyard. The lot location is within
200 ft of the Cantrell and 250 ft to the Cantrell/Kavanaugh intersection, Cantrell is visible from the lot, and has an alley on the east and south sides. Also the house is at a higher elevation than the backyard. A taller fence is necessary to block the visibility of the road from. the house. Several neighbors also have this, and we feel it would increase privacy for the yard, and decrease road noise. We also feel it will increase safety, walking from the detached garage to the house.
Secondly, we would like to request to build a 420 square/ft garage with a zero set back on the south side of the lot. We make no requests for the east side, which has a 3 ft set back. Given the zoning regulations we are allowed to build a 3 75 sq/ft detached garage with
zero set back on the south side. We are making this request for h.vo reasons. First, due to
increased car break ins and theft in the neighborhood, we would prefer a garage that can accommodate both vehicles. We currently live at 5120 R st, and are unfortunately use to
having our cars rifled through. However:, the size exceeds the zero setback size requirements by 5 5 sq/ft, and there is a large oak tree at the back of the lot. A 2 car garage would be dangerously close to the root ball of the large oak if we followed code requirements. We hired Peter Rausch, a certified arborist to ensure our plans will not harm the tree. He has recommended limiting construction areas to 25% of the area under
the drip line of the tree. We have modified our house plans accordingly, and the only area under the drip line that will be damaged is the detached garage. Having a 0 ft set back
here vvill cause less dam.age to the tree root system. (We would also like to note here an attached garage is not an option on this lot due to a utility pole that exists on the east
alley.)
Thank you for your time,
�O A (_) \l ' � \,
Jake and Julie Fiser
AUGUST 28, 2017
ITEM NO.: 7
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Z-9251
Terra Firma Project, LLC
Brian Dale, White-Daters & Associates
19415/19501 Summershade Drive
Lots 28 and 30, Wildwood Ridge Addition, Phase 2
R-2
Variances are requested from the area provisions of Section
36-254 and the building line provisions of Section 31-12 to
allow two (2) new residences with reduced front setbacks and
which cross front platted building lines.
The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Lots
Proposed Use of Property: Single Family Residences
STAFF REPORT
A.Public Works Issues:
1.The minimum front building setback should be 20 ft. at the garage.
B.Staff Analysis:
The R-2 zoned properties at 19415 and 19501 Summershade Drive are currently
undeveloped lots. The lots are located on the south side of Summershade Drive at
Flint Creek Court. Some site work has taken place on the lots in preparation for new
home construction. The lots have excessive slope from front to back (north to
south). The lot at 19415 Summershade Drive (Lot 28) has approximately 45 feet of
slope downward from the front (north) property to the rear (south) property line.
19501 Summershade Drive (Lot 30) has approximately 35 feet of slope downward
from front to back. This represents a slope of approximately 30 percent for each lot.
Both lots contain a 25 foot front platted building line.
19415 Summershade Drive (Lot 28)
The applicant proposes to construct a new single family residence on the property,
as noted on the attached site plan. The residence will be one (1) story in height with
a basement. Covered porches will be located on the front and rear of the residence.
A two-car wide driveway is proposed near the northeast corner of the lot, leading to
a garage on the east side of the residence. The front wall of the proposed residence
will be located 15.1 feet to 26 feet back from the front (north) property line. The
garage area will be located 21.8 feet to 25.5 feet back from the front property line.
The overall residence will cross the front platted building line by 4.2 feet to 9.9 feet.
AUGUST 28, 2017
ITEM NO.: 7 (CONT.)
19501 Summershade Drive (Lot 30
Z-9251
The applicant proposes to construct a new single family residence on the property,
as noted on the attached site plan. The residence will be one (1) story in height with
a basement. Covered porches will be located on the front and rear of the residence.
A two-car wide driveway is proposed near the northwest corner of the lot, leading to
a garage on the west side of the residence. The front wall of the proposed residence
will be located 15 feet to 23 feet back from the front (north) property line. The garage
area will be located 20 feet to 20.7 feet back from the front property line. The overall
residence will cross the front platted building line by five (5) feet to 10 feet.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet. Section 31-12( c) of the Subdivision Ordinance requires that
building line encroachments be reviewed and approved by the Board of Adjustment.
Therefore, the applicant is requesting variances from these ordinance standards to
allow the new residences with reduced front setbacks and which cross a front platted
building line.
Staff is supportive of the front setback and building line variances. Staff views the
request as reasonable. The variances are requested due to the excessive slope
downward from the front of the lot to the rear. As noted previously, there is
approximately 35 to 45 feet of drop from front to back. There will be approximately
14 feet of downward slope from the front of the residences to the rear of the
structures. The lots have over 30 percent of downward slope. The lots appear to
qualify for the hillside standards as per the City's Subdivision Ordinance and could
have been platted with a 15 foot front setback at the time the subdivision was
created. Staff feels that because of the curvature of the street the proposed
residences will not appear to be out of alignment with future structures along the
south side of Summershade Drive. Staff believes the reduced front setbacks will
have no adverse impact on the adjacent properties or the general area.
If the Board approves the building line variance, the applicant will have to complete
a one-lot replat reflecting the change in the platted front building line for the proposed
residences. The applicant should review the filing procedure with the Circuit Clerk's
office to determine if the replat requires a revised Bill of Assurance.
C.Staff Recommendation:
Staff recommends approval of the requested setback and building line variances,
subject to the following conditions:
1.Completion of a one-lot replat (for each lot) reflecting the change in the front
platted building line as approved by the Board.
2.Compliance with the Public Works requirement as noted in paragraph A. of
the staff report.
2
AUGUST 28, 2017
ITEM NO.: 7 (CONT.)
BOARD OF ADJUSTMENT
Z-9251
(August 28, 2017)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outline in the "staff recommendation" above. There
was no further discussion. The item was placed on the Consent Agenda and approved
as recommended by a vote of 5 ayes, 0 noes and O absent.
3
WHITE .. DATERS & ASSOC IA TES, INC.
24 Rahling Circle Little Rock, Arkansas 72223 Phone: 501-821-1667
www.whitedaters.com
July 26, 2017
Mr. Monte Moore
City of Little Rock
Neighborhoods and Planning
723 W. Markham St.
Little Rock, AR 72201
RE: Lots 28 & 30, Wildwood Ridge Addition
Front Building Setback Variance Request
Mr. Moore,
Please find attached six copies of the site plan exhibit for the above referenced properties along with an
application and affidavit.
The owner has the property under contract and would like to request a variance of 10 feet to allow a 15-
foot front building setback. The justification for this request is the excessive slopes. The lots slope away
from the street and exceeds 30%. Permitting a 15-foot building setback would all for home construction
more typical to the development.
Please place this item on the next Board of Adjustment Meeting.
Do not hesitate to call if you have any questions or require additional information.
Your help in this matter is greatly appreciated.
CIVIL ENGINEERING -LAND PLANNING & DEVELOPMENT -SURVEYING -LANDSCAPE ARCHITECTURE
AUGUST 28, 2017
ITEM NO.: 8
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Z-9253
CBE Holdings, LLC
Michael B. Phillips
1607 N. University Avenue
Northeast corner of N. University Avenue and "O" Street
R-2
Variances are requested from the area provisions of Section
36-156 to allow an accessory structure with reduced street
side setback and increased rear yard coverage.
The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A.Public Works Issues:
1.The setback for the garage should be at least 15 ft. from the "O" St. right-of-way
to prevent blocking of the "O" St. right-of-way.
B.Staff Analysis:
The R-2 zoned property located at 1607 N. University Avenue is occupied by a one
story frame single family residence within the west half of the property. The site is
located at the northeast corner of N. University Avenue and "O" Street. A one-story
(carport/storage) is located at the southeast corner of the site, within the rear yard
area. The rear yard area is fenced. A paved alley runs along the east (rear) property
line.
The applicant proposes to remove the existing structures from the site and construct
a new 1.5 story single family residence and detached garage structure, as noted on
the attached site plan. The proposed principal structure will comply with all required
building setbacks. The proposed garage structure will be located 9.2 feet back from
the south, street side property line and zero (0) feet from the east (rear) property
line. The proposed accessory structure will be approximately 25.5 feet by 23.5 feet
in area, and will occupy approximately 41.6 percent of the required rear yard area
(rear 25 feet of the lot). The accessory garage will be connected to the house by a
small covered (unenclosed) walkway. Vehicular access to the garage structure will
be from "O" Street.
AUGUST 28, 2017
ITEM NO.: 8 (CONT.) Z-9253
Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum street
side setback of 15 feet and a maximum rear yard coverage of 30 percent (rear 25
feet of the lot). Therefore, the applicant is requesting variances from these
ordinance requirements to allow the accessory garage structure with a reduced
street side setback of 9.2 feet, and an increased rear yard coverage of approximately
41 . 6 percent.
Staff does not support the variances as filed. Staff has no problem with the
requested increased rear yard coverage variance. The proposed accessory garage
structure's size will not be out of character with other accessory structures to the
north along the alley right-of-way and within this general area. The nearby Hillcrest
Design Overlay District allows a rear yard coverage of 40 percent.
However, the Public Works staff does not support the requested reduced street side
setback for the proposed garage structure. The applicant is proposing to access the
garage from "O" Street. Public Works feels that the required 15 foot street side
setback should be provided. This would allow vehicles to park out of the paved
roadway if the garage door is closed or if the garage is used for storage. Otherwise,
vehicles parked on the driveway area will be located mostly within the area of right
of-way and could possibly extend into the paved roadway.
C.Staff Recommendation:
Staff recommends denial of the requested setback and coverage variances, as filed.
BOARD OF ADJUSTMENT (August 28, 2017)
Michael Phillips was present, representing the application. There were no objectors
present. Staff noted that the applicant had revised the application to provide a 13 foot
street side setback for the proposed accessory garage structure. Staff noted that Public
Works was in support of the revision. Staff recommended approval of the requested
street side setback and coverage variances, as revised.
Michael Phillips addressed the Board and confirmed that the application had been
revised as noted.
There was a motion to approve the application as revised. The vote was 5 ayes, 0 noes
and O absent. The revised application was approved.
2
City of LR
Planning & Development
723 W. Markham St.
Little Rock, AR 72201
July 31, 2017
RE: Residential Application for Zoning Variance
To whom it may concern:
Please see the attached Application for Zoning Variance. I recently purchased the property
located at 1607 N. University Ave. I plan to do a tear down and new construction of a 1.5 story
single family residence with detached garage (accessory structure.) I am requesting the
following variances to allow me to construct the accessory structure with:
1)a foot print greater than 11thirty (30) percent of the required rear yard area." My lot is 57.59'
in width;
2)a "street side line" set back of less than fifteen (15) feet.
These variances will allow me to 1) best utilize the lot for construction of the new dwelling, 2)
not force the dwelling to be placed on the 25' front yard setback, 3) not require any variance
request for steps into the 25' front yard setback, 4) allow for a larger and more usable back
yard. My attached survey calls for a maximum accessory building footprint of 592 sqft (41%)
within the rear setback and an O St. side line setback of not less than 9'.
The new home and detached garage will be a great addition to the block and neighborhood.
This variance request is not out of character to similar requests that have been routinely
granted in the area. If my request in granted, my accessory building as proposed will in no way
negatively impact the area or any of the surrounding property owners.
oATE: Aw11.>1 h t/Jl7 BOARD OF ADJUSTMENT VOTE RECORD
MEMBER
ALLISON, FRANK
LINDSEY POLK, CAROLYN
SMITH, CHRISTOPHER
TUCKER, ROBERT
YATES, JEFF
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Meeting Adjourned 3;z '/ P.M.
August 28, 2017
There being no further business before the Board, the meeting was adjourned at 3:24
p.m.