boa_09 25 2017LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
SEPTEMBER 25, 2017
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Roll Call and Finding of a Quorum
A Quorum was present being four (4) in number.
ll. Approval of the Minutes of the Previous Meetings
The Minutes of the August 28, 2017 meeting were
approved.
Members Present: Jeff Yates, Chairman
Robert Tucker, Vice Chairman
Frank Allison
Carolyn Lindsey Polk
Members Absent: Christopher Smith
City Attorney Present: Debra Weldon
SEPTEMBER 25, 2017
ITEM NO.: A {CONT.)
BOARD OF ADJUSTMENT
Z-669-D
(September 25, 2017)
The applicant was not present. There were three (3) persons present in opposition. Staff
presented the application with a recommendation of denial. It was noted for the record
that the applicant was notified (in writing and in person) that the hearing on the application
would proceed at this meeting even if the applicant were not present.
Heartsill Ragon addressed the Board in opposition. He noted that the requested variance
had no hardship and shouldn't be approved. He noted that staff was not supportive of the
variance. He also noted that the lighting of the sign would be a problem for adjacent
properties.
Tim Daters also addressed the Board in opposition. He explained that buildings in the
downtown area should only have wall signage on street facing sides.
Roger Chinn also spoke in opposition. He explained that the proposed sign was not
necessary and that the lighting of the sign would be a problem for surrounding properties.
He noted that future 1-30 changes would make the proposed sign useless.
There was a motion to approve the sign variance, as filed. The motion failed by a vote of
0 ayes, 4 noes and 1 absent. The application was denied.
3
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
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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 feel free to contact me at your convience. Thank you for your
assistance with this project.
R.Kenji Tillman, R.A.
Project Manager
wl LI A MM#HF '48#11#91 Winford Lindsay Architect
344 West Pike Street
Lawrenceville, GA 30046
770-963-8989 x5761 770-407-5761 dir
770-407-5817 fax
SEPTEMBER 25, 2017
ITEM NO.: B
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.
SEPTEMBER 25, 2017
ITEM NO.: B {CONT.}
Staff Update:
Z-9248
On September 12, 2017 the applicant submitted a letter to staff, revising the
application. The revision is for a 16 foot by 16 foot unenclosed carport structure to
be placed over the existing garage door area on the driveway. The carport will be
butted up to the gable fa9ade of the house. The revised carport location will have a
9.5 foot setback from the north street side property line and over 24 feet from the
front (west) property line. The existing carport will be removed from the property.
Public Works and Planning staff met with Mr. Young at the site on September 6,
2017. Staff feels that the revised carport location will meet Mr. Young's needs, and
will be located far enough away from the intersection corner as to cause no sight
distance issues.
Revised Staff Recommendation:
Staff recommends approval of the revised application, subject to the following
conditions:
1.The carport must remain unenclosed on its east, west and north sides.
2.The carport must be butted up to the gable fa9ade of the house.
3.The carport structure will be allowed to remain on the property on a temporary
basis, for use by Danny H. Young (property owner and resident) only. If Mr.
Young vacates the property, the carport structure must be immediately
removed from the property.
4.A one-lot rep lat will not be required, as the carport structure will be considered
temporary.
BOARD OF ADJUSTMENT (September 25, 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 and 1 absent.
3
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 6/26/17 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
Address:
8505 Calleghan Road
Little Rock, AR 72210
Dear Board of Adjustment,
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I, Rutilo Martinez, own the above stated property under consideration for variance by the Board
of Adjustment. I am seeking a variance for a shop that I built on my property. I was unaware at
the time of building the structure that there was a zoning ordinance against building the structure
too close the road. Due to different elevations on my property and water run off, I built my
structure by the road to try and guarantee it would not be flooded.
I built the structure at the front of my property because water runs from the southern border of
my property and drains down to the middle of my property. This is because the elevation of my
property is not consistent and gets run off water from other properties. After a substantial
rainfall my property will retain standing water. Building the structure anywhere else on my
property would have caused the rain not to drain properly off my property. I also would have run
the risk of having my structure flooded after heavy rainfall. There is also a creek that runs
through the middle of the property going east to west. This creek prevents me from building a
structure on the other side of my property.This creek swells after any rainfall and floods a good
portion of my property.
I conclude by asking the Board of Adjustment to please grant a variance for the structure built at
the front of my property. Unlevel ground and water run off prevents me from building this
structure on other parts of my property. I appreciate your consideration and thank you for your
time.
Rutilo Martinez
SEPTEMBER 25, 2017
ITEM NO.: 2 {CONT.) Z-9164-A
The proposed carport will be located approximately one (1) foot back from the rear
(west) property line. The carport addition will be one (1) story in height and will be
unenclosed on its north, south and west sides.
Section 36-254( d)(3) of the City's Zoning Ordinance requires a minimum rear
setback of 25 feet for principal structures within R-2 zoning. Therefore, the applicant
is requesting a variance from this ordinance standard to allow the carport addition
with a reduced rear setback of one (1) foot.
Staff is not supportive of the requested rear setback variance. Staff does not view
the request as reasonable. The applicant is proposing to cover a relatively large
percentage of the required rear yard area (rear 25 feet of the lot) with the proposed
carport addition. The addition will cover approximately 60 percent of the required
rear yard area. The variance previously approved for a detached carport at this
location was for a rear yard coverage of 37 percent (20 foot by 24 foot carport). Staff
believes the applicant should consider scaling back the size of the proposed carport
addition to a size similar to the detached carport which was previously approved.
C.Staff Recommendation:
Staff recommends denial of the requested rear setback variance, as filed.
BOARD OF ADJUSTMENT (September 25, 2017)
Staff informed the Board that the applicant had revised the application to reduce the size
of the proposed carport addition to 20 feet by 25 feet, increasing the rear setback from
one (1) foot to five (5) feet. Staff supported the revised application subject to the carport
addition remaining unenclosed on its north, south and west sides.
The item was placed on the Consent Agenda and approved, as revised and
recommended by staff. The vote was 4 ayes, 0 noes and 1 absent.
2
August25,2017
City of Little Rock
c/o Monte Moore
Re: 2122 North Palm Street
Monte,
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This application is for the construction of a carport as per the attached proposed site
plan. We already have a variance that allows for the carport, but it is supposed to be
detached and does not allow the adequate room that is needed to park two vehicles and
have enough room to get in the house.
The new proposed carport location allows for Mr. Porter, who is physically challenged,
to park and get in the house while completely covered. This will also allow for an
additional vehicle to be parked in the back as well. This will only be a one story
structure and will be an open carport. This structure will in no way obstruct the view or
impede on anyone that may be driving down the rear alley.
We respectfully request that the connected carport be allowed. This would allow
covered parking and the much needed room for the homeowners.
The carport is requested to be a 30' wide by 24' deep.
Regards,
Jacob White, President
Jacob White Construction
SEPTEMBER 25, 2017
ITEM NO.: 3
File No.:
Owner/Applicant:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Z-9255
Andrew Daugherty
76 Valley Estates Cove
Lot 21, Pleasant Valley Estates Addition
R-2
A variance is requested from the easement provisions of
Section 36-11 to allow construction of an accessory building
which encroaches into a utility easement.
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.Consideration should be given with the grading for the accessory building to not
block or channelize stormwater that could damage adjacent properties.
B.Utility Issues:
AT&T: AT&T approves the request to encroach into the north easement.
Centerpoint Energy: Centerpoint Energy approves the request for the
encroachment into the 15 foot easement running parallel to the north property line.
Central Arkansas Water: Approves with no comments.
Entergy: No objections to the proposed encroachment. No facilities within
easement.
Little Rock Water Reclamation Authority: No objections to the proposed
encroachment. No facilities within easement.
SEPTEMBER 25, 2017
ITEM NO.: 3 (CONT.)
C.Staff Analysis:
2-9255
The R-2 zoned property located at 76 Valley Estates Cove is occupied by a two
story brick and frame single family residence. The property is located at the north
end of Valley Estates Cove, and backs up to the Pleasant Valley Golf Course. A
paved driveway is located at the southwest corner of the lot and leads to a garage
at the west end of the residence. The lot contains a 25 foot front platted building
line, with 15 foot wide utility easements running along the front (south) and rear
(north) property lines.
The applicant proposes to construct a 20 foot by 20 foot ( one( 1) story) accessory
storage/shop building at the northwest corner of the property, as noted on the
attached site plan. The proposed accessory structure will be located at the north
end of the existing driveway. It will be located three (3) feet to ten (10) feet back
from the north (rear) property line and over 13 feet back from the west side property
line. Approximately half of the structure will encroach into the rear 15 foot wide utility
easement by five (5) to 12 feet.
Section 36-11 (f) of the City's Zoning Ordinance requires that building
encroachments into utility easements be reviewed and approved by the Board of
Adjustment. Therefore, the applicant is requesting a variance to allow the proposed
accessory structure to encroach into the rear 15 foot wide utility easement.
Staff is supportive of the requested easement variance. Staff views the request as
reasonable. The proposed accessory structure complies with all other setback and
area requirements. All of the public utility companies have reviewed and approved
the proposed easement encroachment. Additionally, the Pleasant Valley Estates
POA Board has also reviewed and approved the accessory building project (letter
attached). Staff believes the proposed accessory building with easement
encroachment will have no adverse impact on the adjacent properties or the general
area.
D.Staff Recommendation:
Staff recommends approval of the requested easement encroachment variance,
subject to compliance with the Public Works requirement as noted in paragraph A.
of the staff report.
BOARD OF ADJUSTMENT (September 25, 2017)
Staff informed the Board that the application needed to be deferred to the October 30,
2017 agenda, based on the fact that the applicant failed to complete notifications to the
surrounding property owners.
The item was placed on the Consent Agenda and deferred to the October 30, 2017
agenda by a vote of 4 ayes, 0 noes and 1 absent.
2
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JUSTIFICATION FOR PROPOSED VARIANCE
76 Valley Estates Cove
Little Rock, AR
August 22, 2017
I am requesting a variance in order to build a workshop on the northwest
comer of my property. Due to the unusual shape of my lot and the space
needed it is necessary to build in the fifteen foot easement shown on the
survey. The shop is to be twenty feet by twenty feet, with a brick facing
and siding on three sides. It will have electricity but not plumbing. The
pitch of the roofline will match my house and conform to neighborhood
association specifications. I have a letter from the neighborhood
association with said permission.
I have obtained all five letters from the required utilities along with a
letter from my neighborhood association.
Please consider my application
Andrew Daugherty
d)
2/29/16
Drew Daugherty
Drew, this letter is in reference to the construction of a shop on your property. The Pleasant Valley
Estate Property Owners Association Board has voted on this and have granted approval for the project
based on the plans that were submitted.
Please let me know if you need additional information.
Thanks
Mark Ferguson
PVEPOA President
SEPTEMBER 25, 2017
ITEM NO.: 4
File No.:
Owner/Applicant:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Z-9256
Allan Cox-Thomas
14200 Parkside Drive
Lot 7, Block 8, Parkway Place 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:
No Comments.
8.Staff Analysis:
The R-2 zoned property located at 14200 Parkside Drive is occupied by a one-story
frame single family residence. The property is located on the north side of Parkside
Drive at High Point Drive. The property backs up to Chenal Parkway. A two-car
wide driveway from Parkside Drive is located at the southwest corner of the lot. The
lot contains a 25 foot front platted building line. The rear yard is currently fenced
with six (6) foot high wood fencing.
The applicant proposes to replace the existing fencing along the east and west side
property lines with an eight (8) foot high wood fence, as noted on the attached site
plan. The existing wood fence along the rear (north) property line will remain. The
fencing which runs from the east and west property lines and ties into the house will
also remain.
SEPTEMBER 25, 2017
ITEM NO.: 4 (CONT.) Z-9256
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. A maximum fence height of six (6) feet is allowed elsewhere on
residential lots. Therefore, the applicant is requesting a variance to allow the eight
(8)foot high wood fence along the east and west side property lines within the rear
yard area.
Staff is supportive of the requested fence height variance. Staff views the request
as reasonable. Eight (8) foot high fencing provides an increased level of screening
and privacy over the typical six (6) foot fence height. In this specific case, the
increased fence height should help to decrease the level of noise generated by traffic
along Chenal Parkway. Staff believes the requested increased 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 fence height variance, as filed.
BOARD OF ADJUSTMENT (September 25, 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 and 1 absent.
2
August 28, 2017
Department of Planning and Development
723 West Markam
Little Rock, AR 72201
Re: Zoning Variance Request
Dear Sir or Madam:
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Please find attached the requested documents required for a Zoning Variance. I am requesting that I be
allowed to erect an 8ft wooded fence on my property at 14200 Parkside Dr. Little Rock, AR 72211. The
6ft fence that is currently surrounding my property does not allow for sufficient privacy in my back yard.
If you have any questions or concerns, I may be reached at 501-951-4883.
Thank you for your time in reviewing these documents.
Sincerely,
U[(11Y\ C�x-Th.o�
Allan Cox -Thomas
BOARD OF ADJUSTMENT VOTE RECORD
D A T E: 2-0 1 '7
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MEMBER
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ALLISON, FRANK
LINDSEY POLK, CAROLYN
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SMITH, CHRISTOPHER
TUCKER, ROBERT
YATES, JEFF
TIME IN AND TIME OUT
-ALLISON, FRANK
LINDSEY POLK, CAROLYN
SMITH, CHRISTOPHER
TUCKER, ROBERT
�YATES, JEFF
AYE NAYE _A__ABSENT A6 ABSTAIN Meeting Adjourned P.M.
September 25, 2017
There being no further business before the Board, the meeting was adjourned at 2:15
p.m.
Chairman