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
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BOARD OF ADJUSTMENT VOTE RECORD
DATE: .v.l4r� iJrH�I. 2
MEMBER
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ALLISON; FRANK
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LINDSEY POLK, CAROLYN
SMITH, CHRISTOPHER
TUCKER, ROBERT
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YATES,JEFF
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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