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
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10/31/2017
Rthard i~ar�-,
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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
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DOAK FOSTERS
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WRITER'S DIRECT DIAL
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AND ARKANSAS
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October 24, 2017
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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
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OF COUNSEL
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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
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/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