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boa_01 29 2018LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES JANUARY 29, 2018 2:00 P.M. Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. Approval of the Minutes of the Previous Meetings The Minutes of the December 11, 2017 meeting were approved. Members Present: Members Absent Jeff Yates, Chairman Frank Allison Carolyn Lindsey Polk Christopher Smith Robert Tucker, Vice Chairman City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA JANUARY 29, 2018 2:00 P.M. OLD BUSINESS: A. Z- 7633 -A 2020 N. Spruce Street H. NEW BUSINESS: 1. Z- 8853 -A 315 Main Street 2. Z -9288 5020 Stonewall Road 3. Z -9289 23 Windsor Drive JANUARY 29, 2018 ITEM NO.: A File No.: Z- 7633 -A Owner: Anna Harper Applicant: Ellen Yeary Address: 2020 N. Spruce Street Description: Part of Lots 8 -10, Block 1, Country Club Heights Addition Zoned: R -2 Variance Requested: A variance is requested from the fence provisions of Section 36 -516 to allow a fence which exceeds the maximum height allowed. 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: The proposed masonry -wood fence cannot extend into the Stonewall road right -of -way and utility easement. Staff can recommend approval of the reconstruction of the wood fence without masonry material replacing the existing damaged fence exceeding the maximum height within the Stonewall Road right -of -way and utility easement. The Stonewall Road right -of -way and utility easement is the stormwater overflow path if the existing drainage system becomes obstructed. B. Staff Analysis: The R -2 zoned property located at 2020 N. Spruce Street is occupied by a one -story brick and frame single family residence. The property is located on the west side of N. Spruce Street, at Stonewall Road. A rock driveway is located at the northeast corner of the residential lot. The driveway extends along the north side of the house to the rear yard area. An unenclosed carport is located at the northwest corner of the residence. Six (6) foot high wood fencing is located along the north and south side property lines. A six (6) foot high wood fence which existed along the rear (west) property line was recently damaged by a flood. On July 26, 2004 the Board of Adjustment approved setback and easement variances for additions to the rear (west) of the residential structure. JANUARY 29, 2018 ITEM NO.: A (CON'T.) Z- 7633 -A The applicant is requesting to replace the wood fence located along the rear (west) property line which was recently damaged by a flood. The proposed fence will be wood construction with a masonry base and columns from the southwest corner of the property to the northwest corner of the lot. A solid wood section will extend from the northwest corner of the property into the old Stonewall Road right -of -way (previously abandoned). The wood /masonry fence will range in height from 8 feet - 5 inches at the southwest corner of the lot to nine (9) feet at the northwest corner of the property. The solid wood section extending north from the northwest corner of the property will have a height of nine (9) feet. Section 36- 516(e)(1)a. of the City's Zoning Ordinance allow a maximum fence height of six (6) feet for the proposed fence. Therefore, the applicant is requesting a variance to allow a fence ranging in height from 8 feet -5 inches to nine (9) feet. Staff does not support the fence height variance as requested. Staff does not feel that the overall height requested is justified. Staff quite regularly supports fence height variances to eight (8) feet in height in residential areas. Staff does not feel that the proposed fence ranging in height from 8 feet -5 inches to nine (9) feet is a reasonable trade -off for the six (6) foot high wood fence which existed. The proposed fence extends into the front yard area of the residence immediately to the west. The taller fence could have a negative visual impact on this next door property. Staff could support the fence height variance if the fence had a height not exceeding eight (8) feet at any point. Otherwise, staff believes the proposed fence height is unreasonable. C. Staff Recommendation: Staff recommends denial of the requested fence height variance, as filed. BOARD OF ADJUSTMENT (July 31, 2017) Staff informed the Board that on July 24, 2017 the applicant submitted a letter to staff requesting the application be deferred to the August 28, 2017 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the August 28, 2017 agenda by a vote of 3 ayes, 0 noes and 2 absent. BOARD OF ADJUSTMENT (August 28, 2017) Staff informed the Board that on August 25, 2017 the applicant submitted a letter to staff requesting the application be deferred to the January 29, 2018 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the January 29, 2018 agenda by a vote of 5 ayes, 0 noes and 0 absent. JANUARY 29, 2018 ITEM NO.: A (CON'T.) Z- 7633 -A Staff Update: The applicant submitted a letter to staff on January 17, 2018 requesting this application be withdrawn, without prejudice. Staff supports the withdrawal request. BOARD OF ADJUSTMENT (January 29, 2018) The applicant was not present. There were no objectors present. Staff informed the board that the applicant had requested withdrawal of the item, without prejudice, on January 17, 2018. Staff recommended approval of the withdrawal request. There was no further discussion. The item was placed on the consent agenda and approved for withdrawal by a vote of 4 ayes, 0 noes and 1 absent. Yeary Lindsey Architects -T44,1- A - Y -7433 -A June 26, 2017 Mr. Monte Moore Department of Planning and Development 723 West Markham Little Rock, AR 72201 Dear Monte, We are writing to request a variance to the height regulations for a residential fence for 2020 N. Spruce Street. This fence will be located along the west property line. Our client is asking for a height variance that would allow her new fence to align at the top with her neighbor's fence to the south. This fence, located at the southwest corner of 2020 N. Spruce is presently 8' -2'/2" high from grade with posts extending to 8'- 10'/2" high. We are asking that we be able to continue horizontally with this same fence line across the entirety of the west property line. The adjacent fence to the south is on higher ground and thus would necessitate that our fence would vary in height from the ground from 8'- 2 '/2" to possibly 10' ( + / -) depending on the slope of the ground below. Because recent flooding from a nearby disconnected storm drain took out our client's wood fence and flooded their house, our client proposes to build a masonry base approximately 30" high (ranging in height per topography) with intermittent masonry (stone or brick) piers approximately 10 to 12' apart and no larger than 24" square with wood fence infill. This will increase privacy for our client and also add uniformity to the view from the new home being constructed to the west. Thank you for your careful consideration of this request. Please feel free to call me with any questions you may have. Sincerely, elm / 0/ Ellen Powell ary, �1& LE 3416 Old Cantrell Road Litde Rock, Arkansas 72202 501 - 372 -5940 Fax: 501 - 663 -0043 JANUARY 29, 2018 ITEM NO.: 1 File No.: Z- 8853 -A Owner: K- Lofts, LLC Applicant: Rett Tucker, Moses Tucker Real Estate Address: 315 Main Street Description: East side of Main Street, between E. 3rd and E. 4th Streets. Zoned: UU Variance Requested: A variance is requested from the sign provisions of Section 36 -557 to allow wall signs without street frontage. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Mixed Use (Apartments and Restaurant) Proposed Use of Property: Mixed Use (Apartments and Restaurant) STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The UU zoned property at 315 Main Street is occupied by a five (5) story mixed use building. The property is located on the east side of Main Street, between E. 3rd and E. 4th Streets. A portion of the first floor is occupied by a restaurant, Brewski's Pub. The upper floors are occupied by the Mulberry Flats apartment complex. The building is approximately 71 feet tall and 50 feet wide. The building is 140 feet deep. The remainder of the first floor is occupied by the entry area for the apartments. The applicant recently had wall signs painted on the north and south building facades, near the top front corners of the building, as noted in the attached sketches /photos. Each wall sign is approximately 20 feet by 20 feet in area; 15 feet by 20 feet for "Mulberry Flats" and 5 feet by 20 feet for " Brewski's Pub ". Each wall sign occupies approximately four (4) percent of the north and south building fagade areas. There were previously painted wall signs for "K- Lofts" apartments at these same locations on the building's north and south facades. However, staff can find no permit history for the signs. The sign on the north fagade replaced a rather large mural which previously existed and occupied the majority of the north fagade area. There is also a small amount of wall signage (window signage) for Brewski's Pub on the front (west) building fagade. The Brewski's Pub wall sign is approximately 16 square feet in area. JANUARY 29, 2018 ITEM NO.: 1 _(CON'T.) Z- 8853 -A Section 36- 557(a) of the City's Zoning Ordinance requires that all on- premise wall signs face required street frontage. Therefore, the applicant is requesting a variance to allow the wall signs on the north and south building facades with no direct street frontage. Staff does not support the requested variance to allow wall signs without direct street frontage. Staff does not view the request as reasonable. The applicant is proposing a very large amount of wall signage (800 square feet) for the north and south building facades, which have no direct street frontage. The front building faqade (west side) allows a total of 355 square feet of wall signage for that fagade. Therefore, the applicant does not have enough allowed wall signage on the front fagade to "trade- off" for even one (1) of the two (2) wall signs without street frontage. Staff has been consistent in the past in not supporting large wall signs without direct street frontage in the downtown area. Staff believes that there is more than adequate allowed signage on the front fagade of the building to identify the uses within the building, without the need for signs on the north and south facades. In addition to wall signage, projecting signage is also allowed on the front building fagade. Staff believes that the proposed wall signs without street frontage (north and south facades) are not needed and that they represent an adverse visual impact on the adjacent properties and the general area. C. Staff Recommendation: Staff recommends denial of the requested variance to allow wall signs without direct street frontage. BOARD OF ADJUSTMENT (January 29, 2018) The applicant was not present. There were no objectors present. Staff informed the board that the applicant had requested deferral of the item on January 26, 2018. Staff recommended approval of the deferral of the item to the February 26, 2018 agenda. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 4 ayes, 0 noes and 1 absent. 2 Rett Tucker Subject: LTI Sign Variance Request - 315 Main Street Rett Tucker 200 River Market Avenue, Suite 501 Little Rock, AR 72201 p: 501 - 376 -6555 www.mosestucker.com Mr. Monte Moore Department of Zoning and Planning City of Little Rock 723 W. Markham Little Rock, AR 72201 Dear Mr. Moore December 12, 2017 4,-41 7- PAS The project formerly known as the K -Lofts was completed in October of this year. Because of the prior issues related to completing the project, resulting in numerous delays over several years, the apartments were re -named the Mulberry Flats and the food and beverage operation, formerly a somewhat troublesome night club, was re- purposed as a neighborhood restaurant called Brewski's Pub. Both of these changes signaled good news for Main Street and the Creative Corridor. Moses Tucker Real Estate was hired to lease and manage the property, recommended the name change and helped to finalize the new lease with the restaurant. The apartments are now over 50% leased. The K -Lofts sign at the top of the building (15'X20') on both sides has been in place for several years with proper permits in hand. It was re- painted with the Mulberry Flats logo. A 5' X 20' sign for Brewski's was added by the out of state owner, thinking that it had already been approved. The 2 signs, which appear as one, add life and color to Main Street and downtown. They demonstrate a vibrancy to what was once a moribund and largely deserted corridor. The side of the building measures an average of 71 feet by 140 feet or 9,940 square feet. As stated above, the signs are 20 feet X 20 feet or 400 square feet. Consequently, they represent 4.02% of both the north and south elevation of the building. 1 The owners respectfully request approval of the application. Thank you. Sincerely, (4)� / u L44-- Rett Tucker JANUARY 29, 2018 ITEM NO.: 2 File No.: Owner: Applicant: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: Laura Taylor Nathan Cooper, River Valley Builders 5020 Stonewall Road Lot 9, Block 16, Newton's Addition R -2 A variance is requested from the area provisions of Section 36 -254 to allow a carport addition with a reduced side setback. The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential A two -story brick and frame single family residence is in the process of being constructed on the R -2 zoned lot at 5020 Stonewall Road. The property is located on the north side of Stonewall Road, east of N. Van Buren Street. A one -car wide driveway is located at the southwest corner of the property. The driveway will extend along the west side of the residence, leading to an existing garage structure at the northwest corner of the lot. As part of the new construction, the applicant proposes to construct a one -story carport addition to the new residence, at the northwest corner of the structure. The carport addition will be approximately 18.5 feet by 16 feet in area. The carport will be located 1.5 feet back from the west side property line and over 30 feet from the rear (north) property line. It will be separated from the accessory garage structure by 7.9 feet. The proposed carport addition will be unenclosed on all sides. The proposed carport addition will have a pitched roof, with the gable end facing west. JANUARY 29, 2018 ITEM NO.: 2 (CON'T. .. 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. Therefore, the applicant is requesting a variance to allow the carport addition with a reduced side setback. Staff is supportive of the requested reduced side setback for the proposed carport addition. Staff views the request as reasonable. The reduced side setback for the carport addition will not be out of character with other properties throughout the Heights neighborhood. As noted previously, the proposed carport addition will be unenclosed on all sides. Staff typically supports reduced side setbacks of at least 1.5 feet for unenclosed structures. This is the minimum area that staff feels is necessary to construct and maintain an unenclosed structure without encroaching onto the adjacent property. Staff believes the proposed carport 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, subject to the following conditions: 1. The carport portion of the residence must remain unenclosed on its north, south, east and west sides. 2. Guttering must be provided, if applicable, to prevent water run -off onto the adjacent property to the west. BOARD OF ADJUSTMENT (January 29, 2018) The applicants were present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 4 ayes, 0 noes and 1 absent. 2 RIVER VALLEY BUILDERS s r 12 -6 -17 Department of Planning and Development 723 West Markham Little Rock, AR RE: Variance Request for 5020 Stonewall, Little Rock, AR 72207 Dear Board of Adjustment This letter is to serve as a variance request for the property located at 5020 Stonewall, Little Rock, Arkansas 72207. The variance request is to build a covered carport on the back left corner of the house which would impede on the east side setback. I was hired to tear down the existing house and build a new house for the current owner, Ms. Laura Taylor. During the planning process she choose a plan and design that would not have a garage on the front of the property to maintain the consistency of other houses in this area and on the street. The final design was selected based on elements that we believe will greatly complement the street and the neighborhood, but the width of the lot does not allow for any covered parking. However, we believe this is an important feature for a house of this size and quality. It is her hope that you will consider allowing her to build a carport that will extend over the east set back 3.5' leaving 1.5 ft. between the property line and the carport column. This will be an open air carport without walls and will have gutters on the east side so that it does not shed water onto the property next door. In addition, there is a very large oak tree on the neighbor's property next to the proposed carport. It produces a massive acorn crop as well as sap and falling leaves /debris. A carport would allow the tree to not be virtually untouched, yet provide protection to the owner's vehicle as well as provide her shelter from the elements while entering and exiting the house. I am attaching a copy of the proposed plot plan showing the carport and location of the tree. I am also attaching elevations of the house with the proposed carport. Thank you for your consideration, Nathan Coope Cc Laura Taylor JANUARY 29, 2018 ITEM NO.: 3 File No.: Owner /Applicant: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: Z -9289 Isaac Akins 23 Windsor Drive East side of Windsor Drive, north of Southmont Drive f:� A variance is requested from the area provisions of Section 36 -156 to allow a satellite dish with reduced front setback. The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential The R -2 zoned property located at 23 Windsor Drive is occupied by a one -story frame single family residence. The property is located on the east side of Windsor Drive, north of Southmont Drive and Hindman Park Way. A two -car wide driveway is located at the southwest corner of the property. The property slopes downward from south to north. A small satellite dish on a pole is located in the front yard area, as noted on the attached site plan. The dish was recently installed by the applicant for television service. The satellite dish with pole is approximately seven (7) feet tall. The satellite dish is located approximately 20 feet back from the front (west) property line and 13 feet back from the north side property line. Section 36 -2 of the City's Zoning Ordinance defines "satellite, television, signal receiving dishes, ground- mounted" as accessory structures. Section 36- 156(a)(2)c. requires a minimum front setback of 60 feet for accessory structures in R -2 zoning. Therefore, the applicant is requesting a variance to allow the satellite dish with a reduced front setback. The City's enforcement staff recently issued a notice of violation to the applicant as a result of a citizen complaint. JANUARY 29, 2018 ITEM NO.: 3 (CON'T.) Z -9289 Staff does not support the requested front setback variance for the satellite dish. Staff does not view the request as reasonable. The requested front setback variance is fairly significant, representing a 67 percent encroachment into the required 60 foot front setback for accessory structures. Staff believes that it is possible to move the satellite dish and pole back to the front wall of the house, with the pole attached to the residence's front facia, and still maintain reception. If this is done, the satellite dish would be considered part of the principal structure, and no setback variance would be required. Staff feels that the applicant should explore this option. Otherwise, staff believes that the satellite dish located within the front setback for accessory structures (and principal structures) creates an adverse visual impact for the adjacent properties. C. Staff Recommendation: Staff recommends denial of the requested front setback variance for the proposed satellite dish. BOARD OF ADJUSTMENT (January 29, 2018) The applicant was not present. There were no objectors present. Staff informed the board that the item needed to be deferred since the applicant did not complete the required notification. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the February 26, 2018 agenda by a vote of 4 ayes, 0 noes and 1 absent. 2 ,kovemoef ?, M17 723 West MaAham Street AR , a.,,7 ,r 'i . 3 aA ., to negiatiae otheir opfimms .xr. steps to be taken as required E Little Y address @ by M offf cR: k @. 1• Y, t1. =, l�,11,si BOARD OF ADJUSTMENT VOTE RECORD DATE: .v.l4r� iJrH�I. 2 MEMBER y 3 ALLISON; FRANK ;✓ ✓ LINDSEY POLK, CAROLYN SMITH, CHRISTOPHER TUCKER, ROBERT - YATES,JEFF ✓ ✓ ,✓ TIME IN AND TIME OUT ALLISON, FRANK L.INDSEY POLK, CAROLYN SMITH, CHRISTOPHER TUCKER, ROBERT YATES, JEFF AYE NAYE _ABSENT ABSTAIN Meeting Adjourned p .-7 P.M. January 29, 2018 There being no further business before the Board, the meeting was adjourned at 2:07 p.m. Date: 4 - �- (� - -'�-O l'�/ Chairman