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boa_12 11 2017LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES DECEMBER 11, 2017 2:00 P.M. I.Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. II.Approval of the Minutes of the Previous Meetings The Minutes of the October 30, 2017 meeting were approved. Members Present: Members Absent: City Attorney Present: Jeff Yates, Chairman Frank Allison Carolyn Lindsey Polk Christopher Smith Robert Tucker, Vice Chairman Debra Weldon I. II. LITTLE ROCK BOARD OF ADJUSTMENT AGENDA DECEMBER 11, 2017 2:00 P.M. OLD BUSINESS: No Old Business NEW BUSINESS: 1.Z-2137-A 4923 Hawthorne Road 2.Z-2255-C 5701/5809 S. University Avenue 3.Z-3235-B 5 Beverly Place 4.Z-3660-J 11320 Bass Pro Parkway 5.Z-4549-A 9718 N. Rodney Parham Road 6.Z-5936-P 716 Rahling Road 7.Z-9273 2001 N. Garfield Street 8.Z-9274 5806 Stonewall Road 9.Z-9278 5808 Stonewall Road 10.Z-9279 312 Fern Avenue 11.Z-9280 5112 "P" Street 12.Z-9281 7200 Rockwood Road 13.Z-9282 1803 Foreman Drive 14.Z-9283 19 East Palisades DECEMBER 11, 2017 ITEM NO.: 1 File No.: Owner: Applicant: Address: Description: Zoned: Variance Requested: Justification: Z- 2137 -A Alexander and Elizabeth Daniel Richard Harp 4923 Hawthorne Road Lot 5, Block 14, Newton's Addition :ba Variances are requested from the area provisions of Section 36 -254 to allow construction of a new residence with reduced side and rear setbacks. 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: Obtain a franchise agreement from Public Works (Bennie Nicolo, 371 -4818) for private improvements such as the masonry wall located in the right -of -way. B. Staff Analysis:. The R -2 zoned property located at 4923 Hawthorne Road is occupied by a two -story frame single family residence. The property is located at the southeast corner of Hawthorne Road and N. Jackson Street. A two -car wide driveway from N. Jackson Street is located at the southwest corner of the property. The driveway leads to a two -car garage portion of the residence located at the southeast corner of the lot. The garage portion is part of the principal structure and is connected to the two -story portion of the structure by a one -story section. The applicant proposes to remove the existing residence, with the exception of the garage portion. A new residence is proposed to be constructed on the property, as noted on the attached site plan. The north portion of the new residence will be two (2) stories in height, with the south portion having a one -story height. The existing garage portion of the residence will be incorporated into the new principal residential structure. The existing garage portion is located 0.6 feet from the east side property line and 23.5 feet back from the west (N. Jackson Street) property line. The existing garage is located 0.7 feet from the rear (south) property line. The proposed new portions of the residence will be located five (5) feet from the east side property line, six (6) feet from the west side property line and 25 feet from the rear (south) property DECEMBER 11, 2017 ITEM NO.: 1 (CON'T.) 2137 -A line. The new residence will be located 13.5 feet back from the front (north) property line. The proposed front setback has been reviewed by staff and has been determined to be adequate based on placement of existing residences to the east within this same block face (Section 36 -156). A new driveway will be constructed from N. Jackson Street to the existing garage portion of the new residence. The applicant proposes to retain an existing masonry wall which exists on the west side of the residence and extends into the N. Jackson Street right -of -way. Section 36- 254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of five (5) feet for this R -2 zoned lot. Section 36- 254(4)(3) requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances from these ordinance requirements to allow the garage portion of the existing residence which has reduced side and rear setbacks to remain on the property and become part of the proposed new residence. A new roof will be constructed over the existing garage portion. Staff is supportive of the requested side and rear setback variances. Staff views the request as reasonable. The proposed new portion of the residence will meet minimum setbacks from all property lines. The variances are required in order to retain the garage portion of the existing structure and incorporate it into the new residence. The applicant is proposing to retain the garage portion of the existing residence, and the foot print of the new residence, in order to preserve the existing masonry wall which is located within the west side yard area. Ample separation should exist between the existing garage section walls and the nearest adjacent structures to the east and south. Staff believes that continuation of the existing reduced side and rear setbacks for the garage portion of the residence should have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested side and rear setback variances, subject to compliance with the Public Works requirement as noted in paragraph A. of the staff report. BOARD OF ADJUSTMENT (December 11, 2017) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There were no further discussion. The item was paced on the Consent Agenda and approved as recommended by a vote of 4 ayes, 0 noes and 1 absent. 2 RICHARD HARD HOMES, INC ,„.f• n. T ;�°" „ai4 § i k �W y � 3 k rrE. d '#� I ran+ 10/31/2017 Rthard i~ar�-, R chcxo 1. i2 �0' � l_1 el'1a1 Mr. Monte Moore City of Little Rock Good afternoon We are respecffully applying for variance relief regarding the zoning requirement that accessory structures that are in the setback area may only have covered walkway access to the living structure. We are demolishing the home structure at 4923 Hawthorne and rebuilding a new home, if the City would permit it. My clients have drawn a plan that I have shared with Zoning which has included an enclosed and conditioned space connecting the home to the existing garage that will not be demolished. Sincerely Richard Harp President Richard Harp Homes, Inc DECEMBER 11, 2017 ITEM NO.: 2 File No.: Z- 2255 -C Owner: Thomas Blackmon, Jr. Applicant: J. Scott Schallhorn Address: 5701/5809 S. University Avenue (5700 Block of Geyer Springs Road (west side)) Description: Lot 1, Teresa Addition Zoned: 1 -2 Variance Requested: Variances are requested from the paving provisions of Section 36 -508, the buffer provisions of Section 36 -522 and the screening provisions of Section 36 -523 to allow use of an existing gravel parking area without required land use buffer and screening. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Lot Proposed Use of Property: Vehicle Parking STAFF REPORT A. Public Works Issues: 1. Geyer Springs Road is classified on the Master Street Plan as a minor arterial. A dedication of right -of -way 45 feet from centerline will be required prior to occupancy and /or proposed use. 2. Proposed usage indicates vehicles may be parked within an existing drainage easement. Section 29-45 and 29 -46 of the City of Little Rock Code of Ordinances do not permit the discharge of non - stormwater or motor vehicle fluids within municipal storm sewer systems. Best management practices should be used to prevent discharge of non - stormwater discharges in the existing drainage ditch. B. Landscape and Buffer Issues: 1. Site plan must comply with the City's minimal landscape /buffer ordinance requirements. 2. Any new site development or vehicular use areas must comply with the current city ordinance. DECEMBER 11, 2017 ITEM NO.: 2 (CON'T.) 2255 -C 3. The City Beautiful Commission recommends preserving as many exiting 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 1 -2 zoned property within the 5700 block of Geyer Springs Road is currently undeveloped. The property is located along the west side of Geyer Springs Road, just south of W. 57th Street. The property is included within the overall ownership of 5701/5809 S. University Avenue. The property was part of the previous Little Rock Dodge auto dealership. The west half of the property contains a gravel area which was once used for vehicle parking /storage. The east half of the property is undeveloped and tree covered. A 40 foot wide drainage easement runs north /south through the center of the property. A 10 foot wide utility and drainage easement runs along the north and west property lines. On October 17, 2017 the Board of Directors approved a rezoning from R -2 to 1 -2 for this property. An auto auction business, Manheim Auto Auction, recently occupied the overall site to the north and west. The business conducts weekly auto auctions on the property. On May 22, 2017 the Board of Adjustment granted variances for use of the gravel areas on the property immediately to the north for parking and storing vehicles prior to and during each auction event. The applicant is now requesting to use the existing gravel area within the west portion of the subject property for additional parking /storing of vehicles prior to and during the weekly auto auction events. The applicant is requesting three (3) variances with the proposed use of the gravel area within the west portion of the property. The first variance is from the paving provisions of Section 36 -508 of the City's Zoning Ordinance. This section requires that all vehicular use areas be paved where subject to wheeled traffic. The applicant is requesting a variance for continued use of the existing gravel area. The second variance requested is from the buffer provisions of Section 36- 522(b)(3)a.1. This section requires a minimum land use buffer along the south property line of nine (9) feet. The applicant proposes to use the existing gravel area as is, with no improvements to the site. The third variance requested is from the screening provisions of Sections 36- 523(a) and (b) which require opaque screening as a component of all land use buffers. Minimum six (6) foot high screening is required to be placed along the property line side of a buffer, with the screening extending at least ten (10) feet beyond the outside activity. Again, the applicant proposes to use the existing gravel area as is, with no improvements to the site. The applicant requests the variances for the property as long as the applicant operates an auto auction from the property. DECEMBER 11, 2017 ITEM NO.: 2 (CON'T.) Z- 2255 -C Staff is supportive of the requested variances to allow use of the existing gravel area for parking /storage of vehicles. Staff believes the request is reasonable, given the fact that the existing gravel area was used for vehicle parking dating back approximately 20 years. The gravel parking area was non - conforming at one time, but lost its non - conforming status based on the fact that the gravel area has not been used for the past several years. Staff's support is based on the fact that the variances be granted for "Manheim Auto Auction" only and this business's use of the property. If a different business occupies the site at a later date, the variances will need to be brought back to the Board of Adjustment for review. Staff believes that use of the existing gravel area by "Manheim Auto Auction" will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested paving, screening and buffer variances for use of the existing gravel parking area, subject to the following conditions: 1. Compliance with the 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, with redevelopment of the site. 3. The variances are granted for the "Manheim Auto Auction" use of the property only. If use of the property changes, the variances will need to be brought back to the Board of Adjustment for review. BOARD OF ADJUSTMENT (December 11, 2017) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There were no further discussion. The item was paced on the Consent Agenda and approved as recommended by a vote of 4 ayes, 0 noes and 1 absent. I "NIVEOMM H. MAURICE MITCHELL KAREN P. FREEMAN$ (1925 -2011) ALLAN GATES3 WILLIAM H.L. WOODYARD, III KATHLYN GRAVES (1945 -2014) HAROLD W. HAMLIN MEGAN D. HARGRAVES MICHELE ALLGOOD L. KYLE HEFFLEYS 425 WEST CAPITOL AVENUE, SUITE 180( JOHN K. BAKER BEN D. JACKSON LITTLE ROCK, ARKANSAS 72201 -3525 SHERRY P. BARTLEY ANTON L. JANIK, JR. 9 TELEPHONE 501 - 688 -8800 TRAY BAXTER WENDY L. JOHNSON FAX 501-688-8807 R. T. BEARD, III MARGARET A. JOHNSTON BENJAMIN D. BRENNER' M. SAMUELJONES III JASON T. BROWNING JOHN ALAN LEWIS MICHELLE L. BROWNING D. NICOLE LOVELL JOHN S. BRYANT AMANDA L. MACLENNAN2 C. DOUGLAS BUFORD, JR. WALTER E. MAY BURNIE BURNER2 BRUCE MCCANDLESS III1O FREDERICK K. CAMPBELL3 CHRISTOPHER A. MCNULTY CHARLES B. CLIETT, JR.^ LANCE R. MILLER ADRIA W. CONKLIN$ STUART P. MILLER KEN COOK T. ARK MONROE, II13 COURTNEY C. CROUCH, III JENNIFER R. PIERCE ELISABETH S. DELARGY6 BRIAN A. PIPKIN JILL GRIMSLEY DREWYOR7 CHRISTOPHER D. PLUMLEE JANE W. DUKE JULIE M. POMERANTZ" DOAK FOSTERS SCOTT PROVENCHER BYRON FREELAND I ADMITTED IN CALIFORNIA AND ARKANSAS 2 ONLY ADMITTED IN TEXAS WRITER'S DIRECT DIAL 3 ADMITTED IN DISTRICT' OF COLUMBIA AND ARKANSAS 4 ADMITTED IN ARIZONA, TEXAS AND ARKANSAS 501-688-8854 5 ADMITTED IN TEXAS AND ARKANSAS 6 ADMITT ED IN TENNESSEE AND TEXAS 7 ADMITTED IN OKLAHOMA, MISSOURI AND ARKANSAS S ADMNED IN MISSOURI AND AND ARKANSAS 9 ADMITTED IN COLORADO AND ARKANSAS October 24, 2017 10 ADMITTED IN DISTRICT OF COLUMBIA, NEW YORK, AND TEXAS Department of Planning and Development 723 West Markham Little Rock, Arkansas 72201 J- z 257,5 — C_ LYN P. PRUITT CHRISTOPH ER T. ROGERS J. SCOTT SCHALLHORN 12BARRY G. SKOLNICK 3DERRICK W. SMITH STAN D. SMITH MANDY L. STANTON ZACHARY T. STEADMAN CLAYBORNE S. STONE 3JEFFREY THOMAS MARY CATHERINE WAY WALTER G. WRIGHT, JR. JOHN E. ALEXANDER DEVIN R. BATES KATIE BRANSCUM MATT BRUNSON BBRYCE G. CRAWFORD 13LATJREN N. DILIZIA BNATALIE M. DODD ASHLEY L. GILL DAVID F. KOEHLER 19BETHANY N. MARSHALL JACOB MCELROY 2REBECCA PATEL BRITTANY KENDRA PRUITT 15SAINABOU M. SONKO GRAHAM C. TALLEY COUNSEL MELISSA BANDY 16DAVID N. BLACKORBY CRAIG R. COCKRELL MORRIL H. HARRIMAN, JR $MARTHA MCKENZIE HILL 17GINGER HYNEMAN KELLY MARCHAND 15 NATHAN A. READ STTANTON K. STRICKLAND ALBERT J. THOMAS III OF COUNSEL W. CHRISTOPHER BARRIER JOSEPH W. GELZINE DONALD H. HENRY 19HERMANN WESTER ANNE S. PARKER JOHN S. SELIG MARCELLA J. TAYLOR RICHARD A. WILLIAMS I1 ADMITTED IN GEORGIA AND TEXAS 12 ADMITTED IN NEW YORK AND PENNSYLVANIA 13 ADMITTED IN ALABAMA AND TEXAS 14 ADMITTED IN OKLAHOMA AND ARKANSAS 15 ADMITTED IN ARKANSAS, GEORGIA, NEW JERSEY, AND NEW YORK 16 ADMITTED IN ARKANSAS, ARIZONA, OREGON, AND TEXAS 17 ADMITTED IN TENNESSEE AND ARKANSAS 18 ADMITTED IN ARKANSAS AND NEW JERSEY 19 ADMYIED IN THE U.S. PATENT AND TRADEMARK OFFICE AND ARKANSAS ALI. OTHERS ADMITTED ONLY IN ARKANSAS Re: 5700 Block Geyer Springs Road (West Side); Application for Zoning Variance Ladies and Gentlemen: I represent Thomas Blackmon, Jr., the owner of the above - referenced property (the "Applicant "), and am authorized to act on his behalf. Applicant plans to use the property as an automobile auction site, consistent with its previous use as an automobile dealership. Applicant seeks variances from the provisions of Little Rock Code Sections 36- 320(b), 36 -508, and any other applicable code section as follows: 1. To permit the continued use of gravel parking areas on the western portion of the property. Applicant intends to use this area to park automobiles in anticipation of and during the auto auctions conducted on adjacent property also owned by Applicant. The graveled area slopes into a small creek crossing the property running from north to south. Compliance with the applicable zoning ordinance will require Applicant to pave the entirety of the graveled area. The resulting impervious asphalt surface will significantly increase the surface water run off into the creek likely resulting in flooding on the property itself and increasing the threat of flooding downstream. No flooding problems have been observed with the property in its current state. Applicant requests that the variance be granted and continue for so long as Applicant or his tenants or successors operate an auto auction from the property. 2. A variance from any applicable code section requiring Applicant to construct screening along the southern property line shared with an undeveloped parcel currently zoned 5671555.1 Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. I Attorneys At Law MitchellWilliamsLaw cola October 24, 2017 Page 2 C -3. Applicant is unaware of any efforts to develop the adjacent parcel. Applicant requests that the variance be granted and continue until the adjoining parcel is developed. 3. A variance from any applicable buffer and landscaping requirements. The adjoining parcels are zoned for industrial and commercial purposes similar to the property. No harm to nearby parcels results from granting a variance from those requirements. Applicant requests that the variance be granted and continue for so long as Applicant operates an auto auction from the property. The cost of the improvements required to satisfy applicable zoning requirements is high and, absent the variance, the expense will make the use of the subject property and the adjacent parcel owned by Applicant economically unfeasible. Manheim Auto Auction, a strong national automobile auction business, leases the property from Applicant, and the neighborhood is greatly improved with a business of this caliber occupying and conducting operations from the property. While appropriate in most circumstances, the applicable zoning requirements create no benefit to the property at this time. Applicant requested similar variances for the adjacent parcel also owned by him and the Board of Adjustment granted the application at its meeting on May 22, 2017. Yours very truly, JSS:arb Enclosures 5671555.1 DECEMBER 11, 2017 ITEM NO.: 3 File No.: Z- 3235 -B Owner: Carolyn S. Fant (Revocable Trust) Applicant: J. Cliff McKinney Address: 5 Beverly Place Description: Lot 1, Walthour and Wilbourn's Replat of Block 3, Newton's Addition Zoned: R -2 Variance Requested: A variance is requested from the area provisions of Section 36 -254 to allow construction of a new residence with reduced side setback. Justification: 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. Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5) feet if they have properly constructed fire walls which provide the requisite one (1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line, and are prohibited when the exterior wall is less than three (3) feet from the line. There is not restriction on openings when the exterior wall is more than three (3) feet from the property line. Contact the City of Little Rock Building Codes at 371 -4832 for additional details. DECEMBER 11, 2017 ITEM NO.: 3 (CON'T. C. Staff Analysis:, Z- 3235 -B The R -2 zoned property located at 5 Beverly Place is occupied by a two -story single family residence. The property is located on the west side of Beverly Place, between Hawthorne Road and Longfellow Lane. An access drive from Beverly Place is located at the northeast corner of the property. The lot has a 60 foot width along the front (east) property line and narrows to a 15 foot width along the rear (west) property line. The lot contains a 25 foot front platted building line. A 9.6 foot wide alley is located along the north side property line. The alley leads to a common access area west of the property. The alley and common access area were never developed. The common access area has long been used as recreation /yard space for the residences that back up to it. Part of the access drive for the subject property extends into the alley along the north side of the lot. On July 24, 1978 the Board of Adjustment approved reduced side and rear setbacks for the existing residence. On February 19, 1980 the Board of Adjustment approved additional reduced rear setback for the residence. The majority of the overall length of the existing residence is located on the north side property line with no setback. Portions of the residence are located within three (3) to five (5) feet of the south side property line. The existing residence is located less than 10 feet from the rear (west) property line. The applicant proposes to remove the existing residence from the property and construct a new two -story residence, as noted on the attached site plan. The proposed new residence will be located 25 feet back from the front (east) property line and 25 feet back from the rear (west) property line. The new structure will be located six (6) feet back from the south side property line. The applicant proposes to locate the new structure on the north side property line, with a zero (0) setback. Section 36- 254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of 3.75 feet for this R -2 zoned lot. Therefore, the applicant is requesting a variance to allow construction of the new residence with a reduced north side setback. Staff is supportive of the requested variance. Staff views the request as reasonable. The existing single family lot has a very irregular shape, with a lot width of 60 feet along the front (east) property line narrowing to a 15 foot width along the rear (west) property line. The required minimum side setback is 3.75 feet for this lot. The applicant is proposing to push the proposed house to the north and provide a six (6) foot side setback along the south side property line, between the proposed new house and the existing residence to the south. The 9.6 foot wide alley area along the north side property line will remain open and unobstructed. A small rock wall is located along the north side of the alley area. It is staff's opinion that the proposed residence is a better option for the property than the existing house which encroaches into the required setbacks on three (3) sides. Staff believes the proposed residence with reduced side setback will have no adverse impact on the adjacent properties or the general area. 2 DECEMBER 11, 2017 ITEM NO.: 3 CON'T. Z- 3235 -B D. Staff Recommendation: Staff recommends approval of the requested variance to allow a reduced side setback, subject to the following conditions: 1. Compliance with the Building Codes requirements as noted in paragraph B. of the staff report. 2. No portion of the proposed residence, including overhang, may cross the north property line. BOARD OF ADJUSTMENT (December 11, 2017) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There were no further discussion. The item was paced on the Consent Agenda and approved as recommended by a vote of 4 ayes, 0 noes and 1 absent. 3 7 2- 3 S Quattlebaum, Grooms & Tull A PROFESSIONAL LIMITED LIABILITY COMPANY 111 Center Street Suite 1900 Little Rock, Arkansas 72201 (501) 379 -1700 J. Cliff McKinney, II Direct Dial cmckinney @ggtlaw.com 501- 379 -1725 Licensed in Arkansas, Mississippi, Missouri, Oklahoma and Texas Direct Fax LEED® Accredited Professional 501- 379 -3825 October 30, 2017 Monty Moore City of Little Rock Department of Planning and Development 723 West Markham Little Rock, AR 72201 Dear Mr. Moore: I have been appointed as agent by Carolyn S. Fant, Trustee of the Carolyn S. Fant Revocable Trust Declaration, dated 1 st day of September, 2015 (the "Owner "). The Owner owns 5 Beverly Place, Little Rock, AR 72207, which is legally described as Lot 1, Walthour and Wilbourn's Replat of Block 3, Newton Addition to the City of Little Rock, Arkansas (the "Lot "). Enclosed, you will find an application requesting a variance to permit the construction of a new single - family home on the Lot. Specifically, the request is to waive the side set -back requirement along the northern border of the property so that the new home can be built on the property line. As explained below, there is ample justification for this request and denial would constitute an unreasonable hardship on the landowner. The Lot is very narrow and wedge- shaped. The Lot is 60' wide where it opens onto Beverly Place, but narrows to just 15' wide as it tappers sharply to the rear. The narrowness of the Lot is exacerbated by the 25' front setback. The northern side of the Lot borders a 9.6' wide private alley that theoretically permits access to the common green space bordering the adjoining lots as shown on the attached diagram. I say "theoretically" because there is no known use of the alley by any of the other homeowners since all have direct access to the common green space through their own backyards. This means that, in reality, there is a 9.6' wide buffer between along the north property line, which is further enhanced by a small rock wall on the far side of the 9.6' buffer. The City has long recognized the hardship created by this unusual lot, including granting variances in 1978 (Z - and 1980 (Z -_ . The previous variances currently permit a portion of the existing home to run along the northern property line. The plans for the new home merely expand upon the existing variances. Attached is the proposed floor plan for the new home. I am happy to answer any questions you may have about the proposal. I greatly appreciate your consideration of this variance request. Sincerely, QUATTLEBAUM, GROOMS & TULL PLLC J. Cliff McKinney, II DECEMBER 11, 2017 ITEM NO.: 4 File No.: Owner: Applicant: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: Z- 3660 -J Gateway Lodging, LLC Roshan Patel 11320 Bass Pro Parkway West side of Bass Pro Parkway, at Anglers Way C -4 A variance is requested from the sign provisions of Section 36 -557 to allow wall signs without direct street frontage. The applicant's justification is presented in an attached letter. Hotel (under construction) Hotel 1. The public works staff has no comments for construction of building signage as indicated in the proposed plans. 2. In accordance with Section 32 -8, no obstruction to visibility shall be located within a triangular area 50' back from the intersecting right -of -way line (or intersecting tangent lines for radial dedications) at the intersection of the private shared access easements. Contact Public Works regarding location of monument sign. 3. No other aspects of the proposed project are being reviewed at this time. Additional comments may apply during future reviews. B. Staff Analysis: The C -4 zoned property located at 11320 Bass Pro Parkway currently contains a four -story hotel building which is under construction. The property is located on the west side of Bass Pro Parkway, north of Bass Pro Drive and Otter Creek Road. A shared access drive is located along the east (front) property line. Two (2) driveways from the access road serve as access to the property. Paved parking will be located on all sides of the building, with the main areas of parking being on the north and south sides. DECEMBER 11, 2017 ITEM NO.: 4 CON'T. Z- 3660 -J As part of the hotel development, the applicant is proposing wall signage on three (3) sides of the building. The front (east) building fagade allows a total of 300 square feet of wall signage for this fagade. The applicant is proposing a 49 square foot wall sign located near the top of the building on the front (east) fagade. The applicant is also proposing a 49 square foot wall sign on the north side fagade, near the front corner of this fagade. A smaller, 14 square foot wall sign is proposed for the south fagade, at the south entry door. The total wall signage proposed is 112 square feet. The applicant is proposing to transfer part of the allowed wall signage from the front (east) fagade to the north and south facades. Section 36- 557(a) of the City's Zoning Ordinance requires that wall signage be located on sides of buildings which face street rights -of -way. Therefore, the applicant is requesting a variance to allow the wall signs on the north and south facades which have no direct street frontage. Staff is supportive of the requested variance to allow wall signage without direct street frontage. Staff views the request as reasonable. The applicant is proposing to utilize only a small portion (37 percent) of the overall wall signage allowed for the front fagade of the hotel building. The wall signage on the north fagade should have visibility from Bass Pro Parkway to the north, and should help in identifying the property to traffic along the roadway. The small sign on the south fagade simply identifies the secondary entry door. Staff believes that the proposed signs without street frontage will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested variance to allow wall signs without street frontage, subject to the following conditions: 1. Compliance with the Public Works requirements as noted in paragraph A. of the staff report. 2. The wall signage on the front (east) building fagade when added to the wall signs on the north and south facades must not exceed 10 percent of the front facade area. BOARD OF ADJUSTMENT (December 11, 2017) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. With a vote of 4 ayes, 0 noes and 1 absent the Board voted to waive their bylaws and accept the applicant's late notification to abutting property owners. There was not 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 Date: October 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, We are requesting a sign variance of the Little Rock Code of Ordinance on behalf of Pinnacle Hotel Group. In good faith if signs A and C are approved we would count them towards the no more than 10% of street facing building surface. This is for the new construction of the Tru by Hilton in the Gateway Town Center. - 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 convenience. Thank you for your assistance with this project. Roshan Patel . Project Manager Pinnacle Hotel Group 501- 945 -5744 Ross @pinnaciehotelgroup.com DECEMBER 11, 2017 ITEM NO.: 5 File No.: Z- 4549 -A Owner: Kattom Property Little Rock, LLC Applicant: Kareem Kattom Address: 9718 N. Rodney Parham Road Description: Lot 7, Paragon Place Addition Zoned: C -4 Variance Requested: A variance is requested from the area provisions of Section 36 -302 to allow a building addition with a reduced rear setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Convenience Store Proposed Use of Property: Convenience Store STAFF REPORT A. Public Works Issues: 1. A special Grading Permit for Flood Hazard areas will be required per Sec. 8 -283 prior to construction. 2. Structures built within the flood plain must be elevated with the lowest finished floors to at least 1 ft. above the base flood elevation. Show the limits of the 100 - year floodway and floodplain. Provide finished floor elevations for proposed new addition. B. Landscape and Buffer Issues: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. Any existing landscape areas shall be protected as per City of Little Rock Landscape Ordinance (Sec. 15 -100). Any trees or vegetation located in close proximity to construction shall have the area within the dripline fenced and protected from development activities. Any exiting landscape or irrigation disturbed by construction shall be repaired or replaced before completion and final acceptance of the project. Existing vehicular use areas may continue as nonconforming until such time as a building permit is granted to enlarge or reconstruct a structure on the property exceeding ten (10) percent of the existing gross floor area. At such time ten (10) DECEMBER 11, 2017 ITEM NO.: 5 (CON'T.) Z- 4549 -A percent of the existing vehicular use area shall be brought into compliance with the landscape ordinance and shall continue to full compliance on a graduated scale. Verify existing building and addition square footage. 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 C -4 zoned property located at 9718 N. Rodney Parham Road is occupied by a one -story block commercial building which contains a convenience store. The commercial building is located near the rear of the property, approximately 9.5 feet from the rear property line. A canopy extends from the front of the building, covering gas pumps located between the building and the front, Rodney Parham Road property line. Access drives from Rodney Parham Road serve the property. The applicant proposes to construct a 10 foot by 23.8 foot addition (one story) to the south end of the existing convenience store building, as noted on the attached site plan. The proposed building addition will be located 9.5 feet from the rear property line, over 30 feet from the south side property line, and over 60 feet from the front property line. The proposed addition is to add walk -in cooler space to the convenience store use. Section 36- 302(e)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for this C -4 zoned lot. Therefore, the applicant is requesting a variance to allow a 9.5 foot rear setback for the proposed building addition. Staff is supportive of the requested rear set back variance. Staff views the request as reasonable. The proposed addition will maintain the same 9.5 foot rear setback as the existing building. A paved parking lot is located immediately behind the existing convenience store building, with an office building located approximately 70 feet further back. All surrounding properties are zoned C -3. Staff believes that the proposed addition represents only a minor increase in building area, and that it will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested rear setback variance, subject to compliance with 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. 2 DECEMBER 11, 2017 ITEM NO.: 5 (CON'T.) Z- 4549 -A BOARD OF ADJUSTMENT (December 11, 2017) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There were no further discussion. The item was paced on the Consent Agenda and approved as recommended by a vote of 4 ayes, 0 noes and 1 absent. Tee #45 - 45-/1 - A Kattom Properties Little Rock LLC. 9718 N Rodney Parham Rd, Little Rock ,AR 722271501-908- 4566 1 Hortonstravel @att.net October 20, 2017 Rodney Parham Property Owners Dear Rodney Parham Property Owners: My name is Kareem Kattom, I recently purchased the property on Rodney Parham the, Superstop Service Station. With the purchase of this property, I had planned to remodel the business, in particular expand on the property. The change that I plan to make is building a walk in cooler outside, the approximate size is additional 240 square feet. The construction will look professional and will blend in with the existing brick on the station. The reason why I want to do the expansion is because the service station now is limited in space. It's difficult for customers when they are entering and checking out. Our handicap customers aren't able to easily access items from shelves and coolers due to the tight space. We want to be able to serve everyone within the community and make our customers happy. If you have any further questions or any suggestions about this project feel free to contact me at 501- 908 -4566. Sincerely, Kareem Kattom DECEMBER 11, 2017 ITEM NO.: 6 File No.: Z- 5936 -P Owner: Deltic Timber Corporation Applicant: Brian Dale, White - Daters & Associates Address: 716 Rahling Road Description: Lot 4D, Tract 4, Chenal Valley Addition Zoned: C -3 Variance Requested: Variances are requested from the height provisions of Section 36 -301 and the sign provisions of Section 36 -557 to allow construction of a hotel building with increased building height and a sign without direct street frontage. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Hotel STAFF REPORT A. Public Works Issues: The Public Works staff has no comment on proposed sign. No other aspects of this project have been reviewed at this time and additional comments may follow. B. Landscape and Buffer Issues: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 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 within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. A land use buffer six (6) percent of the average width /depth of the lot will be required when an adjacent property has a dissimilar use of a more restrictive nature. The property to the west is zoned OS. The maximum dimension required shall be fifty (50) feet. The minimum dimension shall be one -half (1/2) the full width requirement but in no case less than nine (9) feet. 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. DECEMBER 11, 2017 ITEM NO.: 6 (CON'T.) Z- 5936 -P Easements cannot count toward fulfilling this requirement. In addition to the required screening, buffers are to be landscaped at the rate of one (1) tree and three (3) shrubs for every thirty (30) linear feet. Building landscape areas 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. 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. Interior islands must be a minimum of seven and one -half (7 Y2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. A landscape irrigation system shall be required for developments of one (1) acre or larger. The development of two (2) acres or more requires the landscape plan to be stamped with the seal of a Registered Landscape Architect. 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 C -3 zoned property located at 716 Rahling Road is currently undeveloped and tree covered. The property is located on the north side of Rahling Road, approximately 1,000 feet west of Chenal Parkway. The property backs up to an OS zoned strip, with R -2 zoning to the northwest. The adjacent properties along Rahling Road are also zoned C -3. The lot is preliminary platted as Lot 4 -D, Tract 4, Chenal Valley Addition. The applicant proposes to construct a new four -story Aloft Hotel on the property, as noted on the attached site plan and elevations. The proposed hotel building will be located within the rear half of the property. A shared access drive will be located at the southwest corner of the property. Paved parking will be located on the south side of the building, between the building and Rahling Road. A shared access easement will be located between this lot and Lot 4 -C to the east. A small amount of shared parking will be located along the access easement on Lot 4 -C. The proposed hotel building will have a height of 45.5 feet, as measured from the lowest finished floor to the ceiling of the top story. 2 DECEMBER 11, 2017 ITEM NO.: 6 (CON'T.) Z- 5936 -P As part of the hotel development, the applicant is proposing wall signage on the front (south) and east side building facades. A ground sign is proposed at the front of the porte coche portion of the building. Based on the area of the front fagade, a total of 1,162 square feet of wall signage will be allowed on the front fagade. The applicant is proposing a 144 square foot wall sign on the front fagade. The applicant proposes to transfer 144 square feet of the allowed wall signage from the front fagade to the east wall of the hotel building. The applicant is requesting two (2) variances for the proposed hotel development. The first variance is from the building height provisions of Section 36- 301(d) of the City's Zoning Ordinance, which allows a maximum building height of 35 feet for structures in C -3 zoning. The applicant is requesting a variance to allow a building height of 45.5 feet. Section 36- 557(a) requires that wall signage be located on sides of buildings which face street rights -of -way. The applicant is requesting a second variance to allow the wall sign on the east end fagade which has no direct street frontage. Staff is supportive of the requested building height and wall sign variances. Staff views the request as reasonable. Both variances are relatively minor in nature. The proposed building height represents a 28 percent height increase. As noted previously, there is an OS (open space) zoned strip between this C -3 zoned property and the R -2 zoned property to the northwest. The R -2 zoned property is currently undeveloped. Staff believes that the slight increase in building height will have no adverse impact on the adjacent properties or the general area. With respect to the sign variance, the applicant is proposing to utilize only a small portion (25 percent) of the overall wall signage allowed for the front fagade of the hotel building. The wall signage on the east fagade should have visibility from Chenal Parkway /Rahling Road intersection. This should aid in identifying the hotel use to traffic along Chenal Parkway. Staff also believes that the proposed sign without street frontage will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested building height and sign variances, subject to the following conditions: 1. Compliance with the Landscape and Buffer requirements as noted in paragraph B. of the staff report. 2. The wall signage on the front building fagade when added to the wall sign on the east fagade must not exceed 10 percent of the front fagade area. 3 DECEMBER 11, 2017 ITEM NO.: 6 (CON'T.) Z- 5936 -P BOARD OF ADJUSTMENT (December 11, 2017) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There were no further discussion. The item was paced on the Consent Agenda and approved as recommended by a vote of 4 ayes, 0 noes and 1 absent. 4 RITE ® DATERS & ASSOCIATES, INC. 24 Rahling Circle ® Little Rock, Arkansas 72223 Phone: 501- 821 -1667 ® www.whitedaters.com October 31, 2017 Mr. Monte Moore City of Little Rock Neighborhoods and Planning 723 W. Markham St. Little Rock, AR 72201 RE: Lots 4C & 4D, Tract 4, Chenal Valley Non- Residential Zoning Variance Mr. Moore, Please find attached six copies of the site plan for the above referenced property along with an application to for two zoning variances. The first variance is for height restriction allowed in C -3 zoning district. The developer would like to construct a four -story Aloft Hotel at this location. The second variance request is for signage without street frontage. The Aloft hotel would like building signage on the east side of the building facing up the Rahling Road hill. Please place this item on the next Meeting for the Board of Adjustments. Do not hesitate to call if you have any questions or require additional information. Your help in this matter is greatly appreciated. Best regards, Brian Dale CIVIL ENGINEERING - LAND PLANNING & DEVELOPMENT - SURVEYING - LANDSCAPE ARCHITECTURE DECEMBER 11, 2017 ITEM NO.: 7 File No.: Z -9273 Owner: National Property Holdings, LLC Applicant: Michael Love Address: 2001 N. Garfield Street Description: Lot 24, Block 1 Altheimer's Addition Zoned: R -2 Variance Requested: A variance is requested from the area provisions of Section 36 -156 to allow an accessory garage with a reduced street side setback. Justification: 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 �I, Public Works Issues: Due to the limited spaced provided between the garage and the alley the applicant should be aware that blocking and parking within alleys is prohibited by the City of Little Rock Code of Ordinances Sections 30 -5 and 32 -311. 2. The Public Works staff recommends that the proposed driveway be constructed to conduct stormwater runoff away from the property. Staff Analysis: A two -story single family residence is in the process of being constructed on the R- 2 zoned property located at 2001 N. Garfield Street. The property is located at the northeast corner of N. Garfield Street and Kavanaugh Blvd. A paved alley is located along the rear (east) property line. As part of the new residential lot development, the applicant is proposing to construct a one -story detached garage structure within the rear yard area, at the southeast corner of the lot. The proposed detached garage will be 24 feet by 24 feet in area. It will be located three (3) feet from the south, street side property line and 9.8 feet from the rear (east) property line. It will be separated from the principal structure by eight (8) to 14 feet. The proposed accessory structure will occupy approximately 29 percent of the required rear yard area (rear 25 feet of the lot). A new driveway from the paved alley will serve as access to the new garage structure. DECEMBER 11, 2017 ITEM NO.: 7 (CON'T.) Z -9273 Section 36- 156(a)(2)c. of the City's Zoning Ordinance requires a minimum street side setback of 15 feet for accessory structures in R -2 zoning. Therefore, the applicant is requesting a variance to allow the accessory garage structure with a reduced street side setback of three (3) feet. Staff is supportive of the requested variance to allow a reduced street side setback for the proposed detached garage structure. Staff views the request as reasonable. The proposed garage structure will not be out of character with other accessory structures along this existing alley right -of -way between Kavanaugh Blvd. and Beacon Street to the north. The proposed accessory structure being located closer to the south side property line will help buffer the rear yard area from noise generated by traffic along Kavanaugh Blvd. As noted previously, access to the new garage will be via a driveway from the alley right -of -way. No vehicular access will be allowed from Kavanaugh Blvd. Staff believes that the proposed detached garage structure with reduced street side setback will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested variance for reduced street side setback, subject to the following conditions: 1. Compliance with the Public Works requirements as noted in paragraph A. of the staff report. 2. No direct vehicular access will be allowed from Kavanaugh Blvd. along the south side property line. BOARD OF ADJUSTMENT (December 11, 2017) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There were no further discussion. The item was paced on the Consent Agenda and approved as recommended by a vote of 4 ayes, 0 noes and 1 absent. 2 7 2- 73 To: whom It may concern. We are constructing a new home at the corner of Garfield and Kavanaugh at 2001 Garfield. We are asking for a variance that is shown on the survey attached. The variance will allow us to place the garage where we can have alley access. The reason the garage cannot be shifted to the north side of the property is due to an existing power pole. Reason for Request. Access to garage from alley Power pole will be in the way if variance not allowed. We are requesting a variance to correct our issue of garage placement due to power pole location. Thanks for your consideration. Michael Love. National Property Holdings LLC. DECEMBER 11, 2017 ITEM NO.: 8 File No.: Z -9274 Owner: Westheights, LLC Applicant: Kelley Johnson Address: 5806 Stonewall Road Description: Lot 125, Forest Heights Place Addition Zoned: R -2 Variance Requested: A variance is requested from the area provisions of Section 36 -156 to allow an addition to an existing accessory building with an increased rear yard coverage. Justification: 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: A new two -story single family residence is currently under construction on the R -2 zoned property located at 5806 Stonewall Road. The property is located on the north side of Stonewall Road, between N. University Avenue and N. Pierce Street. A one -story detached garage is also being constructed at the northwest corner of the property, within the rear yard area. A one -car wide driveway from Stonewall Road will be located at the southwest corner of the lot. The accessory garage will have a seven (7) foot wide covered sidewalk between it and the principal structure. The new residence and accessory structure conform with all setback and coverage requirements as per code. The accessory garage structure has a rear yard coverage (rear 25 feet of the lot) of 29.6 percent. The applicant proposes to enlarge the accessory garage structure, as noted on the attached site plan. The approved garage structure is 24 feet by 26 feet in size. The applicant proposes to add 10 feet by 24 feet (240 square feet) to the east side of the accessory garage structure. This will increase the rear yard coverage to 40.6 percent. DECEMBER 11, 2017 ITEM NO.: 8 (CON'T.) Z -9274 Section 36- 156(a)(2)c. of the City's Zoning Ordinance allows a maximum rear yard coverage of 30 percent for accessory structures in R -2 zoning. Therefore, the applicant is requesting a variance to allow the accessory garage structure (with addition) with a rear yard coverage of 40.6 percent. Staff is supportive of the requested rear yard coverage variance. Staff views the request as reasonable. The overall size of the proposed accessory structure will not be out of character with other accessory structures throughout the Heights neighborhood. The proposed rear yard coverage is only a slight increase over the allowed coverage. A rear yard coverage of 40 percent is allowed within the Hillcrest neighborhood, a short distance to the south. Staff believes the proposed accessory structure with increased rear yard coverage will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested rear yard coverage variance, as filed. BOARD OF ADJUSTMENT (December 11, 2017) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There were no further discussion. The item was paced on the Consent Agenda and approved as recommended by a vote of 4 ayes, 0 noes and 1 absent. 2 Westh.eights LLC 2701 Kavanaugh Blvd., Suite 300 #Little Rock, AR 72205 Kelley 3ohnson*501- 993 - 5701 *kelleyjohnson @me.com - � 2-74 October 25, 2017 City of Little Rock Department of planning and Development Board of Adjustment Little Rock, Arkansas Re: Residential Zoning Variance for 5806 Stonewall Rd., Little Rock, AR Gentlemen: Westheights LLC is currently in the process of constructing a new residence at 5806 Stonewall Rd. in Little Rock. This residence is now under contract to be sold upon completion and the issuance of a Certificate of Occupancy. The Buyer desires to have an addition to the existing two car garage to provide for an area for a hobby /workshop as shown on the attached survey and drawings. We respectfully request your approval for this variance. DECEMBER 11, 2017 ITEM NO.: 9 File No.: Owner: Applicant: Address: Description: Zoned: Variance Requested: Justification: Z -9278 RER of Little Rock Casey and Eric Rockwell 5808 Stonewall Road Lot 124, Forest Heights Place Addition R -2 A variance is requested from the area provisions of Section 36 -254 to allow a building addition with reduced side setback. 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 0 Public Works Issues: No Comments Staff Analysis: The R -2 zoned property located at 5808 Stonewall Road is occupied by a one -story brick and frame single family residence. The property is located on the north side of Stonewall Road, between N. University Avenue and N. Pierce Street. A one -story detached garage structure is located along the west side property line, at the north west corner of the residence. A one -car wide driveway is located at the southwest corner of the lot. The driveway runs along the west side of the residence to the detached garage. The applicants are in the process of constructing a second floor addition to the existing single family residence. A two -story addition is also being constructed to the rear (north) of the residence, as well as a small "bump -out" addition on the residence's east side. The two -story addition to the rear of the residence attaches to the existing garage structure. The applicants have constructed a new roof over the existing garage structure. With the attachment, the garage structure is now considered part of the principal structure. The existing garage is located 0.5 foot from the west side property line and over 40 feet from the remaining property lines. DECEMBER 11, 2017 ITEM NO.: 9 (CON'T.) Z -9278 The two -story addition to the rear of the residence is located over 10 feet from the east and west side property lines and over 40 feet from the rear (north) property line. The small "bump -out" addition to the east side of the residence is located six (6) feet from the east side property line. Section 36- 254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of six (6) feet for this R -2 zoned lot. Therefore, the applicant is requesting a variance for a reduced side setback for the garage portion of the residence. Staff is supportive of the requested variance. Staff views the request as reasonable. The reduced side setback for the garage portion of the residence has existed for a number of years. The applicants have replaced the roof of the existing garage structure and attached it to the principal structure. The walls of the garage structure have remained intact. All of the new construction, including the second floor addition to the existing residence, conforms to ordinance requirements regarding minimum setbacks from all property lines. Staff believes that preserving the existing garage portion of the residence with continued reduced side setback will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested side setback variance, subject to guttering being placed on the garage portion of the residence to prohibit water run- off onto the adjacent property to the west. BOARD OF ADJUSTMENT (December 11, 2017) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There were no further discussion. The item was paced on the Consent Agenda and approved as recommended by a vote of 4 ayes, 0 noes and 1 absent. 2 October 25, 2017 � 1- Little Rock Department of Planning and Development 723 West Markham Little Rock, Arkansas RE: Residential Zoning Variance Application City Planners and Distinguished Members of the Committee, My husband and 1, through our company RER of Little Rock, are the owners of 5808 Stonewall Road in Little Rock, Arkansas. We are writing to request a variance at this address. In our planned remodel, we are interested in preserving as much of an original structure and its character as possible. At this address, there is an original existing garage that appears to have been in place for over 50 years. We are asking for your permission to keep and attach this garage and a small carport to a new family room addition that is being added on to the back on the house. Thank you for considering our request. Sincerely, Casey and Eric Rockwell, Owners of RER of Little Rock DECEMBER 11, 2017 ITEM NO.: 10 File No.: Z -9279 Owner: Zachariah Henson and Lacey Kelley Applicant: Zachariah Henson Address: 312 Fern Avenue Description: Lot 4, Block 8, Young's Park Addition Zoned: R -3 Variance Requested: A variance is requested from the area provisions of Section 36 -156 to allow construction of an accessory building with an increased rear yard coverage. Justification: 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 -3 zoned property located at 312 Fern Avenue is occupied by a one -story brick and frame single family residence. A one -car wide driveway from Fern Avenue is located at the northwest corner of the property. An alley right -of -way is located along the rear (south) property line. A one -story frame garage structure is located at the southwest corner of the property. The garage extends approximately six (6) feet into the alley right -of -way. The current garage structure is in poor condition. The applicant proposes to remove the existing garage structure and construct a new two -story garage, as noted on the attached site plan. The proposed garage will be 20 feet by 20 feet in area. It will be located three (3) feet from the east side property line and four (4) feet to 20 feet back from the west side property line. The rear setback along the alley right -of -way will range from 0.5 feet to three (3) feet. The proposed accessory garage structure will occupy approximately 42% of the required rear yard area (rear 25 feet of the lot). DECEMBER 11, 2017 ITEM NO.: 10 (CON'T.) Z -9279 Section 36- 156(a)(2)c. of the City's Zoning Ordinance allows a maximum rear yard coverage of 30 percent of the required rear yard area (rear 25 feet of a lot) for accessory structures in residential zoning. Therefore, the applicant is requesting a variance to allow the proposed garage structure with a rear yard coverage of approximately 42 percent. Staff is supportive of the requested rear yard coverage variance. Staff views the request as reasonable. The proposed accessory structure will create a better situation than currently exists, as the existing accessory structure encroaches into the alley right -of -way. The proposed accessory garage will meet all required minimum setbacks from property lines, and will not be out of character with other accessory structures located along this alley right -of -way, north of W. Capitol Avenue. Additionally, this lot has an irregular shape, with the lot width along the rear property line being only approximately 28 feet. This pie shape greatly reduces the amount of rear yard area. Staff believes that the proposed new accessory structure is a good option for the property, and that it should have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested rear yard coverage variance, as filed. BOARD OF ADJUSTMENT (December 11, 2017) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There were no further discussion. The item was paced on the Consent Agenda and approved as recommended by a vote of 4 ayes, 0 noes and 1 absent. 2 3� � 10 Request for Variance We, your neighbors at 312 Fern Avenue, wish to build a garage in our backyard to replace the existing garage that requires immediate attention. The existing garage is a separate structure from our home, which extends beyond our property line. We propose is to demolish the old, delapidated garage, build a sound and safe structure to replace the weakend structure. To move the garage to within our property lines, it is understood that we would be exceeding the allowance by the City of Little Rock of structural occupancy within the small yard. In addition to building the new garage our backyard will be graded for better water shedding and a fence will be added to give our dogs a backyard to enjoy. We have hired a contractor, our land has been surveyed, underground facilities marked by One Call, and the project should take less than two months. We are proud to be apart of the Capitol View / Stifft Station area. We are eager to start this project and correct this issue so we may help aid in beautifing and increasing our neigbhood's property value. Sincerely, Zac Henson & Lacey Kelley 1 DECEMBER 11, 2017 ITEM NO.: 11 File No.: Z -9280 Owner: David Hodges Applicant: Jennifer Hodges Address: 5112 "P" Street Description: Lot 22, Block 3, McGehee Addition Zoned: R -2 Variance Requested: A variance is requested from the home occupation standards of Section 36 -253 to allow a home occupation to operate within an accessory building. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential with Home Occupation STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R -2 zoned property located at 5112 "P" Street is occupied by a one -story frame single family residence. The property is located on the north side of "P" Street, between Kavanaugh Blvd. and Newton Street. A paved alley right -of -way is located along the east side property line and along the rear (north) property line. A small detached storage building is located within the rear yard area at the northwest corner of the residence. The applicant proposes to construct a second accessory structure in the rear yard area, as noted on the attached site plan. The proposed accessory structure will be located at the northeast corner of the property, and will be 12 feet by 20 feet in area. The proposed accessory structure will be one (1) story in height and will be unenclosed on all sides. The accessory structure will conform with all setback, separation and coverage requirements as per Section 36 -156 of the City's Zoning Ordinance. DECEMBER 11, 2017 ITEM NO.: 11 (CON'T.) Z -9280 The applicant is proposing to operate a home occupation from the site and involve the proposed accessory building in the home occupation use. The applicant is proposing a home occupation to create sculptured art metals and steel fabrication art. This is a permitted home occupation use (artistic endeavors) as per Section 36- 253(b)(6)b.2 of the Zoning Ordinance. The proposed home occupation would involve the proposed accessory structure for the use of power tools for welding, cutting and grinding metal and use of a natural gas foundry for melting metal for creation of art pieces. The proposed accessory structure will be constructed using concrete, metal and other fire resistant materials. Section 36- 253(b)(6)a. of the City's Zoning Ordinance sets forth the requirements for home occupations within residential zoning districts as follows: a. Home occupations shall be permitted that will not: 1. Change the outside appearance of the dwelling or provide product display visible from the street. 2. Generate traffic, parking, sewage or water use in excess of what is normal in the residential neighborhood. 3. Create a hazard to persons or property, result in electric interference or become a nuisance. 4. Result in outside storage or display of any material or product. 5. Involve accessory buildings. 6. Result in signage beyond that which may be required by other government agencies. 7. Limited to five hundred (500) square feet in area, but in no case more than forty -nine (49) percent of the floor area in a dwelling. 8. Stock in trade shall not exceed ten (10) percent of the floor area of the accessory use. 9. Require the construction of, or the addition to, the residence of duplicate kitchens. 2 DECEMBER 11, 2017 ITEM NO.: 11 CON'T. Z -9280 10. Requirement or cause the use or consumption on the premises of any food product produced thereon. 11. Provide medical treatment, therapeutic massage or similar activities. The applicant is requesting a variance from Section 36- 253(b)(6)a.5. of the home occupation standards in order to utilize the proposed accessory building for the home occupation use, as noted previously. Staff does not support the requested variance to allow use of an accessory building in conjunction with the proposed home occupation. Staff does not view the request as reasonable. Staff feels that the proposed home occupation, with utilization of an accessory building, does not meet the intent of the zoning ordinance in allowing home occupations. In staff's opinion, a home occupation should not change the residential characteristic of a single family residential property. The applicant's proposal to use an open, unenclosed accessory structure for the "welding, cutting and grinding" of metal would create a level of noise, odor, etc. in excess of what is normal for a residential neighborhood. Additionally, the use of a natural gas foundry or kiln could create a fire hazard, as it would be located relatively close to existing structures on adjacent residential lots. Staff believes that the proposed use of the accessory structure will be out of character with the neighborhood and would have an adverse impact on the adjacent residential properties. C. Staff Recommendation: Staff recommends denial of the requested variance to build and use an accessory structure in conjunction with a home occupation. BOARD OF ADJUSTMENT (December 11, 2017) Staff informed the Board that on December 5, 2017, the applicant submitted a letter to staff requesting withdrawal of the application. Staff supported the withdrawal request. The item was placed on the Consent Agenda for withdrawal. The vote was 4 ayes, 0 noes and 1 absent. The application was withdrawn. 3 =4 Dear Chairman and Members of the Board, I am writing to request a zoning variance for my home located at 5112 P Street, Little Rock, AR 72201. My home is zoned as an R- 2 single family home, and I am wanting to build an accessory building for the purpose of my home occupation, though it is in violation of Section 36- 253(b)(6)(a)(5) and 36- 254(b)(2). Those sections forbid establishing a home occupation if it requires an accessory building, but I believe a residential zoning variation should be granted. want to begin the home occupation of artistic sculpting and metalworking, and I want to build a workshop to create sculptured art metals and steel fabrication art. This use falls under Section 36- 253(b)(6)(b)(2), sculpting or artistic endeavors. If, however, the Chairman and Members of the Board believe this endeavor falls outside of the permitted uses under Section 36- 253(b)(6)(b)(2), please consider this letter as a request for an accessory use permit under Section 36- 253(b)(6)(d). This occupation would require the use of power tools for welding, cutting, and grinding metal, and natural gas will be used in the foundry for melting metal. The use of this equipment is permitted within Little Rock for personal hobby purposes, I am simply requesting to do this artistic endeavor as an occupation. am also requesting the zoning variance to be able to build an accessory building for the purpose of a home occupation. My plan is to use concrete, metal, and other fire resistant materials to build the accessory building. This will ensure the highest degree of safety when working with fires. The proposed building will be twelve feet long, twenty feet wide, and just one story tall; it will not exceed the permitted height of the district. This building will be specifically designed and constructed for the purpose of serving as an accessory building. Normally an individual is allowed to build an accessory building in Little Rock for personal uses, and a person is allowed to use his home for his occupation working on artistic endeavors. I am merely requesting the ability to build an accessory building for the purpose of my home occupation. Thank you for your time and consideration, Jennifer Hodges DECEMBER 11, 2017 ITEM NO.: 12 File No.: Owner: Applicant: Address: Description: Zoned: Z -9281 John Phillip Price and Belinda P. Price John Phillip Price 7200 Rockwood Road Lot 300 and Lot 286A, Kingwood Place Addition Variance Requested: Variances are requested from the area provisions of Section 36 -156 to allow an accessory building with reduced front setback and separation. Justification: 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 /_� 11I7CC IIriy[•Tiw 3I No Comments B. Staff Analysis: The R -2 zoned property at 7200 Rockwood Road is occupied by a one -story brick and frame single family residence. A two -car wide driveway is located at the southwest corner of the property. A carport is located at the west end of the house. The lot has a 20 foot front platted building line. The overall property has a rather severe slope downward from front to back (south to north). The applicant proposes to construct a small detached storage building at the northwest corner of the residence, as noted on the attached site plan. The storage building will be eight (8) feet by ten (10) feet in area, with a height of approximately 8.5 feet. The accessory structure will be located approximately 45 feet back from the front (south) property line and over ten (10) feet from the west side property line. It will be separated from the residence by approximately four (4) feet. The nearest portion of the principal structure is a stairway from the carport to the rear yard area. DECEMBER 11, 2017 ITEM NO.: 12 CON'T. Z -9281 Section 36- 156(a)(2)b. of the City's Zoning Ordinance requires a minimum separation of six (6) feet between an accessory structure and a principal structure. Section 36- 156(a)(2)c. requires a minimum front setback of 60 feet for accessory structures in residential zoning. Therefore, the applicant is requesting variances from these ordinance requirements to allow the accessory structure with reduced separation and front setback. Staff is supportive of the requested separation and front setback variances. Staff views the request as reasonable. The requested variances are very minor in nature. The applicant is placing the accessory structure near the residence based on the fact that the property has an excessive slope downward within the rear yard area. The proposed accessory structure will be located below the level of the front yard area and will not be visible from the street. Staff believes the proposed accessory structure with reduced separation and front setback will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested front setback and separation variances, as filed. BOARD OF ADJUSTMENT (December 11, 2017) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There were no further discussion. The item was paced on the Consent Agenda and approved as recommended by a vote of 4 ayes, 0 noes and 1 absent. 2 October 25, 2017 -Z _ 5 f Dear Little Rock Board of Adjustment Members, My name is Phil Price and my wife Belinda Price and I have lived at 7200 Rockwood Road in Little Rock for approximately 23 years. Our house is a ranch - style home which is built into the hillside with a walk -out full basement. Our lot slopes fairly dramatically downhill with Rockwood Road being the highest point on the property. We would like to construct an 8'X 10' storage building on the property. We have contacted Tuff Shed Little Rock about the possibility of constructing this storage building. The proposed site for the storage building is in a location which is approximately 50' from the street, which is less than the 60' set back required by city regulation. Since our lot slopes 15' -20' steeply downhill at about 60' from the street, it is not feasible to place the storage building on the slope. At the requested location, the storage building would not be visible from the street because it would be at least 15' below the street level and behind and below the carport on the property. The proposed site would also be within 4' of the existing structure which is a stairway from the carport down to the ground level. This would require a variance since it would be less than the 6' requirement in city regulation. The reason for placing the structure in the requested location is to keep it from being visible from the street. If you have questions or need additional information please let me know. Sincerely, Phil Price DECEMBER 11, 2017 ITEM NO.: 13 File No.: Z -9282 Owner: Brian and Kristi Clark Applicant: Brian Clark Address: 1803 Foreman Drive Description: Lot 10, Lakeside Heights Addition Zoned: R -2 Variance Requested: A variance is requested from the building line provisions of Section 31 -12 to allow an existing residence which crosses a front platted building line. Justification: 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 1803 Foreman Drive is occupied by a one -story brick and frame single family residence. A two -car wide driveway from Foreman Drive is located at the northwest corner of the property. The property slopes downward from front to back (west to east) to Foreman Lake which is located along the rear (east) property line. The lot contains a 15 foot front platted building line. Utility easements run along the south side property line and through the middle of the rear yard area. The applicant, Brian Clark, recently purchased this property at 1803 Foreman Drive. Upon receiving a survey of the property, it was realized that the front (southwest) corner of the existing residence slightly crosses the front 15 foot platted building line by approximately 3.5 feet. Approximately 14 square feet of the residence crosses the front platted building line. DECEMBER 11, 2017 ITEM NO.: 13 (CON'T.) Z -9282 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 a variance from this ordinance standard to allow the existing residence which crosses a front platted building line. Staff is supportive of the requested building line variance. Staff views the request as reasonable. The existing residence was constructed 25 years ago. It is apparent that a mistake was made when the house was originally laid out on the lot. It seems that the house was pulled forward slightly due to the utility easement which runs through the center of the rear yard area. Staff feels that the front corner encroachment of the residence has had no adverse visual impact on the adjacent properties since the residence was constructed. Staff believes that the building line encroachment will continue to have no adverse impact on the surrounding properties or the neighborhood. 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 existing residence. 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 building line variance, subject to the completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. BOARD OF ADJUSTMENT (December 11, 2017) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There were no further discussion. The item was paced on the Consent Agenda and approved as recommended by a vote of 4 ayes, 0 noes and 1 absent. k 1803 Forman Drive I Little Rock, AR 72227 501.954.7627 1 clarkansas@me.com October 31, 2017 Mr. Monte Moore City of Little Rock Planning & Development Board of Adjustments 723 West Markham Little Rock, AR 72221 Dear Mr. Moore: .4 13 -Z -2-Y -2-- To ensure compliance with the instructions for making an "Application for a Residential Zoning Variance," this letter is included with the "Application for Zoning Variance" and "Notice of Public Hearing Application" for the property at 1803 Forman Drive in Little Rock. After the new survey was submitted to Pulaski County Title on October xx, they immediately notified us of an easement encroachment. This encroachment dates back to 1995 when the house was originally constructed. We were informed at the time that after the closing we should contact the City of Little Rock Planning & Development office to get the house cleared for the zoning variance. If you have any questions, our home phone number and my email address are listed above. Thank you for your consideration. Sic el , Brian G. Claris DECEMBER 11, 2017 ITEM NO.: 14 File No.: Z -9283 Owner: John C. Hickman, Jr. Applicant: Ross McCain Address: 19 East Palisades Description: Lot J, Block 2, East Palisades Addition Zoned: R -2 Variance Requested: A variance is requested from the area provisions of Section 36 -254 to allow a building addition with a reduced side setback. Justification: 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. Further encroachment upon drainage easements may limit access for stormwater drainage maintenance. B. Staff Analysis: The R -2 zoned property located at 19 East Palisades is occupied by a one -story frame single family residence. A two -car wide driveway from East Palisades is located at the northeast corner of the lot. The lot contains a 20 foot front platted building line. Five (5) foot wide utility easements are located along the east and west side property lines, with a 10 foot wide utility easement running east/west through the center of the rear yard area. The garage portion of the existing residence extends into the utility easement along the east side property line. The residence at this point is located approximately one (1) foot back from the east side property line. The rear yard area of the lot slopes downward from front to back. The existing residence has a one (1) story height as viewed from the roadway, with a two (2) story height as viewed from the rear yard area. The applicant proposes to construct a 20 foot by 23 foot building addition at the southeast corner of the residence, as noted on the attached site plan. The proposed building addition will be located outside the utility easement which runs along the east side property line, with a side setback of five (5) feet. The proposed addition will have a height of two (2) stories. DECEMBER 11, 2017 ITEM NO.: 14 (CON'T.) Z -9283 Section 36- 254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of eight (8) feet for this R -2 zoned lot. Therefore, the applicant is requesting a variance from this ordinance requirement to allow the building addition with a five (5) foot side setback. Staff is supportive of the requested side setback variance. Staff views the request as reasonable. The proposed addition will be located five (5) feet back from the east side property line, outside the utility easement. The east end of the existing house is approximately one (1) foot from the east side property line, and within the utility easement. Staff feels that the five (5) foot side setback is adequate in this case. Approximately 200 feet to the southwest is a large area of R -3 zoning which allows five (5) foot side setbacks. Staff believes that the proposed building addition with reduced side setback will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested side setback variance, as filed. BOARD OF ADJUSTMENT (December 11, 2017) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There were no further discussion. The item was paced on the Consent Agenda and approved as recommended by a vote of 4 ayes, 0 noes and 1 absent. III Ross, McCain,.," Architect W. ftSS kzcain, MA I Point Circle Utdi ROCK AR 72-105 1i'517.0 ross. mccain t- net Mr. Monte Moore Little Rock, AR 72201 Re: Variance at Hickman Residence, 19 E. Palisades Drive Dear Monte, is our appucaLlon Tor a-slue yarc 1 1. vananCe Tor fne proposea aa =11on to the Hickman Residence at the above address. We are requesting a variance to allow the structure to be built within 5 feet of the east property line, a variance of three feet on the required eight foot setback. The immediate next door neighbor has told the owner that he has no objection to the plan. DATE: \u,�-ut l{,2/J/7 BOARD OF ADJUSTMENT VOTE RECORD i MEMBER ALLISON, FRANK LINDSEY POLK, CAROLYN SMITH, CHRISTOPHER TUCKER, ROBERT )\ YATES, JEFF TIME IN AND TIME OUT ALLISON, FRANK A--t-'-I /J IU )tJO LINDSEY POLK, CAROLYN L ';{ l-(f t: A5 SMITH, CHRISTOPHER Nt1� TUCKER, ROBERT I\ YATES, JEFF ·7t1!1Jw'.r;-I/ v" v v -A I -.. ------- ,i L.-------- �A lAJNSl-t--11 j\&-Z--N·�n s l/ � h 7 X 7 /0 l(,� . .-/"' - \p"' \ }\D<;_ �\ l----'-.}\ \ � ;J i\N\f 0d]: J_;::;::--- � --� ------__,,--...._..__1__..- (� I Lf � � -r--,....,.- /AYE fi; NAVE _A_ABSENT �ABSTAIN Meeting Adjourned �: Oz) P.M. December 11, 2017 There being no further business before the Board, the meeting was adjourned at 2:08 p.m. Date: I °2`f o i Chairman 2 Secretary