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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 TIME IN AND TIME OUT ALLISON, FRANK A I , LINDSEY POLK, CAROLYN /[ttr SMITH, CHRISTOPHER /),/ TUCKER, ROBERT /j-7 YATES, JEFF d)ti& .. ,,-K' ... ·-·---'- � L-DN S�� A.-6-£.N 'b� t� L('� � b ·R . ,, ' � -/' V' \ � AJO� �tf� � 3 � -- -Ii trf;J; ��\.. � �-, E,-� G ,, , /AYE __ NAVE _A_ABSENT AB-ABSTAIN 'Rf? ULAv� A&-f"./�:Ab r; ti A /; ----v V v / v ,/' V v • V V � v .,,,,,,, V V V v' J f ,,,..A.......-ti.� 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.