boa_03 26 2018LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
MARCH 26, 2018
2:00 P.M.
Roll Call and Finding of a Quorum
A Quorum was present being five (5) in number.
Approval of the Minutes of the Previous Meetings
The Minutes of the February 26, 2018 meeting were
approved.
Members Present: Christopher Smith, Chairman
Carolyn Lindsey Polk, Vice Chair
Frank Allison
Richard Bertram
Jeff Yates
Members Absent: None
City Attorney Present: Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
MARCH 26, 2018
2:00 P.M.
OLD BUSINESS:
A. Z- 8853 -A 315 Main Street
B. Z -9289 23 Windsor Drive
C. Z- 4862 -A 5124 Country Club Blvd.
NEW BUSINESS:
1.
Z- 6315 -B
5005 Stonewall Road
2.
Z- 7149 -A
124 W. Capitol Avenue
3.
Z -9306
1800 N. Tyler Street
4.
Z -9307
1815 E. 6th Street
5.
Z -9308
3723 W. 98th Street
6.
Z -9309
4315 South Lookout Street
7.
Z -9310
3816 Patrick Henry Drive
8.
Z -9311
625 W. Capitol Avenue
MARCH 26, 2018
ITEM NO.: A
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
V,
Public Works Issues:
No Comments.
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
MARCH 26, 2018
ITEM NO.: A (CON'T.) Z- 8853 -A
the front (west) building fagade. The Brewski's Pub wall sign is approximately 16
square feet in area.
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 fagade (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.
BOARD OF ADJUSTMENT (February 26, 2018)
Staff informed the Board that the applicant submitted a letter on February 9, 2018
requesting this application be deferred to the March 26, 2018 agenda. Staff supported
the deferral request.
The application was placed on the consent agenda and deferred to the March 26, 2018
agenda by a vote of 5 ayes, 0 noes and 0 absent.
2
MARCH 26, 2018
ITEM NO.: A (CON'T.) Z -8853
BOARD OF ADJUSTMENT
(March 26, 2018)
Staff informed the Board that the applicant submitted a letter on March 26, 2018
requesting this application be deferred to the April 30, 2018 agenda. Staff supported the
deferral request.
The application was placed on the consent agenda and deferred to the April 30, 2018
agenda by a vote of 4 ayes, 0 noes, 0 absent and 1 recusal. (Allison).
3
Rett Tucker
Subject:
No
MOSES
TUCKER
REAL ESTATE
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
-r
4,,-L� =4 A
Z 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,
►�-- u dW-
Rett Tucker
MARCH 26, 2018
ITEM NO.: B
File No.:
Owner /Applicant:
Address:
Description:
Zoned:
Variance Requested
Justification:
Z -9289
Isaac Akins
23 Windsor Drive
East side of Windsor Drive, north of Southmont Drive
R -2
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.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
/_l
Public Works Issues:
No Comments
Staff Analysis:
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.
MARCH 26, 2018
ITEM NO.: B 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.
BOARD OF ADJUSTMENT (February 26, 2018)
Staff informed the Board that the applicant submitted a letter on February 20, 2018
requesting this application be deferred to the March 26, 2018 agenda. Staff supported
the deferral request.
The application was placed on the consent agenda and deferred to the March 26, 2018
agenda by a vote of 5 ayes, 0 noes and 0 absent.
BOARD OF ADJUSTMENT
(March 26, 2018)
Isaac Akins was present, representing the application. There were no objectors
present. Staff presented the application with a recommendation of denial.
PJ
MARCH 26, 2018
ITEM NO.: B
Z -9289
Isaac Akins addressed the Board in support of the application. He explained that
service technicians had been to his property on two (2) occasions and found that the
current location of the satellite dish was the only spot where reception could be
obtained. He noted that the technicians had looked at the entire property, and found
that the dish could not be located anywhere else, including attached to the house.
Frank Allison asked if the findings of the technicians would change staff's
recommendation. Staff noted that the recommendation would not change, based
primarily on the fact that other options are available for television service that do not
involve satellite dishes. The issue was further discussed.
Vice -Chair Lindsey Polk noted that there was a problem with technicians who install
satellite dishes without respect to the City's ordinance requirements. There was further
discussion regarding the City's enforcement procedures.
Jeff Yates noted that AT &T Uverse service was available to Mr. Akins' property. He
noted support of the staff's recommendation, based on the fact that other options were
available for television service.
There was a motion to approve the application. The motion failed by a vote of 0 ayes, 5
nays and 0 absent. The application was denied.
Mc is Akiiins, Sr,.
7.3
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Sincere�y,
Tsaa,c AMns, Sr.
HenTeo►meT
MARCH 26, 2018
ITEM NO.: C
File No.: Z- 4862 -A
Owner: The Strother Living Trust
Applicant: David Munsey
Address: 5124 Country Club Blvd.
Description: Lot 8, Block 12, Newton 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 structure
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 -2 zoned property located at 5124 Country Club Blvd. is occupied by a two -
story brick and frame single family residence. The property is located at the
northeast corner of Country Club Blvd. and Newton Street. A one -story detached
garage is located at the northwest corner of the property. A two -car wide driveway
from Newton Street serves as access to the garage structure. The existing
accessory garage structure occupies approximately 47.5 percent of the required rear
yard area (rear 25 feet of the property), and was allowed by a previously approved
variance. The property is owned by The Strother Living Trust. Staff has an executed
affidavit on file authorizing David Munsey as agent of the property owner.
The applicant proposes to construct a covered patio addition to the east end of the
existing accessory garage structure, as noted on the attached site plan. The
proposed patio addition will be 14 feet by 21 feet in area. The proposed covered
patio addition will be unenclosed on its north, south and east sides. Brick columns
and an outdoor fireplace will be located along the east side of the covered patio area.
An outdoor kitchen /grill area will be located at the southeast corner of the proposed
MARCH 26, 2018
ITEM NO.: C (CON'
Z- 4862 -A
addition. The proposed addition will be located four (4) feet from the rear (north)
property line and three (3) feet from the east side property line. It will be separated
from the principal structure by over six (6) feet. The addition will increase the rear
yard coverage from 47.5 percent to approximately 70.5 percent.
Section 36- 156(a)(2)C. of the City's Zoning Ordinance allows a maximum rear yard
coverage of 30 percent (rear 25 feet of a lot) for accessory structures in R -2 zoning.
Therefore, the applicant is requesting a variance to allow the addition to the existing
accessory garage structure, resulting in a rear yard coverage of approximately 70.5
percent.
Staff does not support the request for a variance to allow an increased rear yard
coverage. Staff does not view the request as reasonable. Staff feels that the
proposed 70.5 percent rear yard coverage goes beyond what should be approved
for single family zoning. Staff typically supports variances for increased rear yard
coverage in the 50 percent range, which is a typical rear yard coverage for this
neighborhood. The existing accessory garage structure currently has a rear yard
coverage of 47.5 percent. The proposed rear yard coverage is 2.35 times more than
the ordinance allows. Staff believes this is too excessive and goes very much
beyond what the zoning ordinance intends for accessory building coverage in single
family zoning.
C. Staff Recommendation:
Staff recommends denial of the requested variance to allow increased rear yard
coverage.
BOARD OF ADJUSTMENT (February 26, 2018)
Staff informed the Board that the applicant submitted a letter on February 23, 2018
requesting this application be deferred to the March 26, 2018 agenda. Staff supported
the deferral request.
The application was placed on the consent agenda and deferred to the March 26, 2018
agenda by a vote of 5 ayes, 0 noes and 0 absent.
BOARD OF ADJUSTMENT
(March 26, 2018)
David Munsey was present, representing the application. There were no objectors
present. Staff presented the application with a recommendation of denial.
David Munsey addressed the Board in support of the application. He noted that several
surrounding property owners supported the application, and presented a petition of
support and photos to the Board. He noted that his proposed addition would not be out
of character with the general area.
2
MARCH 26, 2018
ITEM NO.: C (CON'T.
Z- 4862 -A
There was no further discussion. There was a motion to approve the application. The
motion failed by a vote of 1 aye, 4 nays and 0 absent. The application was denied.
3
Wednesday, January 24, 2018
Strother Residence Variance Request
To whom it may concern,
We are writing to request a variance for at 5124 Country Club Blvd. The area being affected is
on the northeast corner of the property behind the detached garage. There is currently a sloped
yard that does not grow grass well due to the shade and the small area that is affected by
compaction from foot traffic. We are requesting a variance to fill this area level and construct an
open air covered structure over it with an outdoor fireplace so that the area can be more usable
for the family.
The variance is being requested due to the fact it would take up space beyond what is
allowed within the setback. We will still maintain the 3 foot barrier off of all property lines.
The roof line will match the existing garage that we will be connecting to and all water
will be taken underground working to prevent any erosion.
The structure being proposed will be 21 x 14 and attach to the existing garage. The
fireplace on the east end of the structure will be approximately 6 feet wide and extend a
minimum of 2 feet through he ridge of the structure. The fireplace and columns on the structure
are to be constructed with brick that will be painted to match the house. The roof will match the
same lines and materials that are on the garage that is existing that we will connect to. All
paving below will be decorative concrete pavers.
MARCH 26, 2018
ITEM NO.: 1
File No.:
Owner /Applicant:
Address:
Description:
Zoned:
Variance Requested
Justification:
Z- 6315 -B
Anthony W. Black
5005 Stonewall Road
Lot 2, Block 27, Newton's Addition
R -2
Variances are requested from the area provisions of Section
36 -254 to allow construction of a new residence with reduced
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:
L'?
C
No Comments
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 no 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.
Staff Analysis:
The R -2 zoned property located at 5005 Stonewall Road is currently occupied by a
one -story brick and frame single family residence. The property is located on the
south side of Stonewall Road, between N. Jackson and N. Van Buren Streets. A
one -car wide driveway from Stonewall Road is located at the northwest corner of the
MARCH 26, 2018
ITEM NO.: 1 (CON'T.)_ Z- 6315 -B
lot. The driveway extends along the west side of the residence. The property owner
and applicant is Anthony W. Black.
The applicant proposes to remove the existing residence from the property and
construct a new two -story brick and frame single family structure on the property, as
noted on the attached site plan. The proposed residence will be located 25 feet back
from the front (north) property line and three (3) feet from the rear (south) property
line. The structure will be 11 feet back from the west side property line and three (3)
to five (5) feet from the east side property line. A new one -car wide driveway will be
located at the northwest corner of the lot, and will extend along the west side of the
proposed residence to the garage portion of the residence, within the rear yard area.
A short retaining wall will be constructed within the front yard area, with the landing,
walkway and steps in the front yard area being constructed at finished grade or
below grade.
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(d)(3) requires a
minimum rear setback of 25 feet. Therefore, the applicant is requesting variances
from these ordinance standards to allow the new residence with reduced side and
rear setbacks.
Staff is supportive of the requested side and rear setback variances for the proposed
residence. Staff views the request as reasonable, primarily based on the fact that
the overall size of the proposed residence will not be out of character with other
homes within this block and within the overall neighborhood. The proposed overall
massing of the structure on this lot will be very similar to the allowed massing if the
garage portion of the residence were detached. If the garage portion were detached,
three (3) foot side and rear setbacks would be allowed for an accessory structure.
If the garage portion of the proposed structure were detached, it would represent a
rear yard coverage of approximately 45 percent (rear 25 feet of the lot), which is not
out of character with many other properties in this neighborhood. The setbacks and
massing for the proposed residence will be very similar to the two (2) existing
residences immediately east and southeast, within this same block. Staff believes
the proposed new residence with reduced side and rear setbacks will have no
adverse impact on the adjacent properties or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested side and rear setback variances for the
new residence, subject to compliance with the Building Codes requirements as
noted in Paragraph B. of the Staff Report.
BOARD OF ADJUSTMENT
(March 26, 2018)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. There was no further discussion.
2
MARCH 26, 2018
ITEM NO.: 1 (CON'T.
01rd -19 FE:1
The application was placed on the Consent Agenda for approval as recommended by
staff. The Consent Agenda passed by a vote of 4 ayes, 0 nays, 0 absent and 1 recusal
(Allison). The application was approved.
3
J¢e, -A
5005 STONEWALL ROAD //
LITTLE ROCK, ARKANSAS 72207 - 4 31,5 -.6
February 26, 2018
City of Little Rock
Department of Planning and Development
723 West Markham
Little Rock, Arkansas 72201
Attention: Mr. Monte Moore
Re: Application for a Residential Zoning Variance
Dear Mr. Moore:
Pursuant to the application process for requesting a residential zoning variance, enclosed
please find six copies of a survey with proposed improvements.
Due to the configuration and natural features of my residential lot, I propose to construct a
garage three (3) feet from the rear and east property lines. The rationale for my request is based
on the following:
1. The lot is very narrow;
2. The additional two (2) feet that I am requesting for the construction of the garage will
greatly improve facilitating a car's turning radius and the required clearance into the
garage; and
3. The site has a significant slope, a 16 foot downward differential from the rear of the lot
to the front of the lot, and placement of the garage at the rear of the site will allow a
more level and safer approach into the garage.
I have also enclosed the filing fee in support of the application. Please do not hesitate to
contact me if I may provide additional information; thank you for your consideration.
Sincerely,
tu &,VL
Anthony W. lack
Enclosures
MARCH 26, 2018
ITEM NO.: 2
File No.: Z- 7149 -A
Owner: Little Rock Union Plaza, LLC
Applicant: Jennifer Lester, Union Plaza Building
Address: 124 W. Capitol Avenue
Description: Northeast corner of W. Capitol Avenue and S. Louisiana Street
Zoned: UU
Variance Requested: A variance is requested from the sign provisions of Section
36 -342.1 to allow a ground- mounted sign in the UU zoning
district.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Office
Proposed Use of Property: Office
STAFF REPORT
0
Public Works Issues:
No Comments
Staff Analysis:
The UU zoned property located at 124 W. Capitol Avenue is occupied by a 20 story
office building within the south half of the property. The property is located at the
northeast corner of W. Capitol Avenue and S. Louisiana Street. A three -story annex
addition and a five -story parking deck are located within the north half of the
property. An outdoor plaza area, including large above ground planters, is located
on the south side of the office building, between the building and the W. Capitol
Avenue right -of -way. Jennifer Lester of Union Plaza Commercial Real Estate is the
authorized applicant for the property owner, Little Rock Union Plaza, LLC.
The applicant is proposing to install a ground- mounted sign within the plaza area,
as noted on the attached site plan. The proposed ground- mounted sign will be 5.58
feet in height, with a sign area of approximately 60 square feet. The proposed sign
will be located on the west side of the large planters within the plaza area, and
between the building's main entrance and the W. Capitol Avenue right -of -way. The
proposed sign will be for the Arkansas Scholarship Lottery which has office space
within the high -rise building.
MARCH 26, 2018
ITEM NO.: 2 (CON'T.) Z- 7149 -A
Section 36- 342.1(c)(11) of the City's Zoning Ordinance requires that ground -
mounted signs in the UU zoning district be reviewed and approved by the Board of
Adjustment. Therefore, the applicant is requesting a variance to allow the ground -
mounted sign within the outdoor plaza area at 124 W. Capitol Avenue.
Staff is supportive of the requested variance to allow a ground- mounted sign at 124
W. Capitol Avenue. Staff views the request as reasonable. The proposed sign will
be located within a plaza area on the south side of a high -rise office building. The
plaza area is a pedestrian use area, and the proposed sign will be similar to art work
which will add to the pedestrian experience. Additionally, the proposed sign is
relatively small, with a height of 5.58 feet and an area of approximately 60 square
feet, which is compatible to signage typically allowed in office zones. Staff believes
the proposed ground- mounted sign at 124 W. Capitol Avenue 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 this specific ground -
mounted sign in the UU zoning district, subject to the sign being located at least five
(5) feet back from any property line.
BOARD OF ADJUSTMENT
(March 26, 2018)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. There was no further discussion.
The application was placed on the Consent Agenda for approval as recommended by
staff. The Consent Agenda passed by a vote of 4 ayes, 0 nays, 0 absent and 1 recusal
(Allison). The application was approved.
iN
Union Plaza Building
124 West Capitol, Suite 705
Little Rock, AR. 72201
February 27, 2018
Little Rock Board of Adjustment
Planning and Development Department
723 West Markham Street
Little Rock, AR 72201
Dear Board Members and Staff:
_T4, 4 Z
Z-- 7146 -,-
The Union Plaza Building is requesting a sign zoning variance to install a stationary interactive art
installation on behalf of our long -time tenant and state agency, the Arkansas Scholarship Lottery.
The sign would be placed on Union Plaza property near the Lottery's first floor Claim Center facing Capitol
Avenue. The sign will include the following three - dimensional letters: This is W INNING. Individuals will be
encouraged to interact with the sign and stand as the "I" in "WINNING."
"This is Winning" is a theme of the Arkansas Scholarship Lottery which represents their vast contributions
to the state of Arkansas and higher education. The Lottery helps create winning people, winning futures
and winning moments. Since 2009, there have been more than 275,000 college scholarships awarded
worth more than $724 million. Adding to that is $2.4 billion in prizes, $206 million in retailer commissions
and millions in state tax revenue.
We believe the sign will bring tremendous value to both city residents and visitors who frequent our area,
promoting positive and fun community engagement. The sign stands adjacent to the Main Street Creative
Corridor, an area which serves as a cross - section of business, arts and culture. The art installation will also
inspire sharable digital content through personal photography that is uploaded on social media, thus
promoting downtown Little Rock as a destination.
Our request for variance on behalf of our tenant, the Arkansas Scholarship Lottery, is due to the permanent
nature of the sign in the downtown Little Rock area on Union Plaza building property. The sign
specifications are as follows: 48" tall on left side, 67" tall on right side and 180" wide. Letters will be 4 -6" in
depth, and the sign will be permanently fixated to the ground and include a base that is 36" deep.
Please review the enclosed proposal and design for additional details. We appreciate your service to the
city and consideration of this project.
Sincerely,
Jen ' r Les r, CPM°
Senior Property Manager, Union Plaza Building
MARCH 26, 2018
ITEM NO.: 3
File No.: Z -9306
Owner: Gordon and Rebecca Floyd
Applicant: Jim Yeary
Address: 1800 N. Tyler Street
Description: Northwest corner of N. Tyler Street and Cantrell Road
Zoned: R -2
Variance Requested- Variances are requested from the area provisions of Section
36 -156 to allow an addition to an existing accessory structure
with increased rear yard coverage, and a pool with reduced
side 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
Q
Public Works Issues:
No Comments.
Staff Analysis:
The R -2 zoned property located at 1800 N. Tyler Street is occupied by a one -story
brick and frame single family residence. The property is located at the northwest
corner of N. Tyler Street and Cantrell Road. A paved alley right -of -way runs along
the rear (west) property line. A one -story accessory carport/storage structure is
located within the rear yard area, at the southwest corner of the lot. The south
portion of the accessory structure is an unenclosed carport, with the north portion
being enclosed storage. A driveway from the alley serves the carport portion of the
accessory structure. The property is owned by Gordon and Rebecca Floyd who
have authorized Jim Yeary to be the applicant.
The applicant proposes to make building additions to the principal structure and
accessory structure, as well as construct a new in- ground pool. A large addition is
proposed at the northwest corner of the principal structure, as noted on the attached
site plan. The addition will be located seven (7) feet back from the north side
property line and over 25 feet back from the front (east) and rear (west) property
lines. A small porch extension is proposed for the front of the residence. The porch
extension will be located 25 feet back from the front (east) property line and over 15
MARCH 26, 2018
ITEM NO.: 3 (Con't.
Z -9306
feet from the north and south side property lines. The applicant is also proposing a
12.75 foot by 19 foot carport addition to the north end of the existing accessory
structure, also noted on the attached site plan. The proposed carport addition will
be located 5.5 feet back from the rear (west) property line, with six (6) feet of
separation from the proposed addition to the northwest corner of the principal
structure. The existing accessory structure has a rear yard coverage of 24.9 percent
(rear 25 feet of the lot). The addition increases the rear yard coverage to 39.5
percent. In addition, an in- ground pool is proposed to be constructed within the rear
yard area, at the southwest corner of the residence. The pool will be located
approximately 8.5 feet back from the south street side property line and separated
from the existing principal structure by five (5) feet and the proposed principal
structure addition by six (6) feet.
Section 36- 156(a)(2)c. of the City's Zoning Ordinance allows a maximum rear yard
coverage of 30 percent (rear 25 feet of the lot) for accessory structures in R -2 zoning.
This section also requires a minimum street side setback of 15 feet for accessory
structures. Section 36- 156(a)(2)b. requires that accessory structures be separated
from principal structures by at least six (6) feet. Therefore, the applicant is
requesting variances from these ordinance standards to allow the addition to the
existing accessory structure with an increased rear yard coverage of 39.5 percent,
and the proposed accessory pool structure with a reduced street side setback and
separation from the principal structure. The proposed additions to the principal
structure comply with all setback requirements.
Staff is supportive of the requested coverage, setback and separation variances.
Staff views the request as reasonable. All of the requested variances are very minor
in nature. The proposed 39.5 percent rear yard coverage will not be out of character
with many other lots within this neighborhood. The proposed carport addition will be
unenclosed on its north, east and west sides. The proposed pool will have a street
side setback of 8.5 feet which is greater than the minimum 6.6 foot setback as
required for the principal structure. The proposed reduced separation should not be
an issue as the pool will be an in- ground structure. Staff believes the proposed
additions to the property will have no adverse impact on the adjacent properties or
the general area.
C. Staff Recommendation:
Staff recommends approval of the requested variances for the accessory structures
subject to the carport addition to the existing accessory structure remaining
unenclosed on its north, east and west sides.
BOARD OF ADJUSTMENT
(March 26, 2018)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. There was no further discussion.
K
MARCH 26, 2018
ITEM NO.: 3 (Con't.
Z -9306
The application was placed on the Consent Agenda for approval as recommended by
staff. The Consent Agenda passed by a vote of 4 ayes, 0 nays, 0 absent and 1 recusal
(Allison). The application was approved.
Y"eary Lindsey Architects
February 8, 2018
Mr. Monte Moore
Department of Planning and Development
723 West Markham
Little Rock, AR 72201
Re: Gordon and Rebecca Floyd Variance Request
1800 North Tyler Street
Little Rock, AR
Dear Monte,
1-4 .43
-C�30(
Please find attached our submittal to the Little Rock Board of Adjustments requesting a
variance regarding the property at 1800 N. Tyler Street.
Our clients are requesting a variance to the lot coverage regulations in order to extend the
existing carport. The lot is located at the corner of N. Tyler Street and Cantrell Road, and is
serviced by an alley adjacent to the west side of the lot, which feeds into Cantrell Road. The
existing carport and attached storage shed are accessed by this alley at the southwest corner of
the lot. The interior dimensions of the carport and maneuvering space in the alley are sufficient
only for one small vehicle with a tight turning radius. Additionally, the carport's proximity to the
traffic on Cantrell road coupled with the difficulty of maneuverability upon approach prove
hazardous to our clients. They are requesting the construction of an additional covered parking
space attached to the north side of the storage shed. It will be no deeper than the existing
carport, and extend approximately 12' -9" to the north of the storage shed. This will allow for
covered parking of a larger car at a safer distance from the heavy traffic on Cantrell Road.
If you have any questions or need further information, please feel free to contact me. We
appreciate your consideration of our request.
Thank you.
Sincerely,
Jim Yeary, AIA
3416 Old Cantrell Road T itde Rock, Arkansas 72202 501 - 372 -5940 Fax: 501 - 663 -0043
MARCH 26, 2018
ITEM NO.: 4
File No.: Z -9307
Owner /Applicant: Edward and Angella Weber
Address: 1815 E. 6th Street
Description: Lot 4, Block 29, C. L. Schafer Addition
Zoned: R -4
Variance Requested: A variance is requested from the area provisions of Section
36 -156 to allow an addition to an existing accessory structure
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 -4 zoned property located at 1815 E. 6th Street is occupied by a two -story
frame single family residence. The property is located on the south side of E. 6th
Street, between Bender and Reichardt Streets. A gravel driveway is located at the
northwest corner of the lot, and is a shared driveway between this property and the
R -4 zoned lot immediately to the west. The driveway serves a one -story frame
garage located near the rear (south) property line of the lot. The detached garage
is 20 feet by 45 feet in area. Approximately 11 feet (11 feet by 20 feet) of the existing
structure extends across the west side property line and onto the lot to the west.
The existing garage is located approximately 8.5 feet back from the rear (south)
property line. The property owners and applicants are Edward and Angella Weber.
The subject property at 1815 E. 6th Street and the lot immediately to the west were
once part of the same family ownership. The lot immediately to the west was
recently deeded to a separate family member. As the result of a recent lawsuit, a
court ordered that the portion of the accessory structure which encroaches onto the
lot to the west be removed from that lot.
The applicants are proposing to remove the west 11 feet of the existing accessory
garage structure and construct a 12 foot by 20 foot addition to the east end of the
accessory structure, as noted on the attached site plan. The proposed addition will
MARCH 26, 2018
ITEM NO.: 4 (CON'T.
rFAOXIIYA
be located four (4) feet from the east side property line and maintain the 8.5 foot
setback from the rear (south) property line. The existing accessory structure with
addition will have a rear yard coverage of approximately 60.9 percent (rear 25 feet
of the lot).
Section 36- 156(a)(2)c. of the City's Zoning Ordinance allows a maximum rear yard
coverage of 30 percent for single family lots. Therefore, the applicants are
requesting a variance to allow an increased rear yard coverage for the existing
accessory structure with addition.
Staff is supportive of the requested rear yard coverage variance. Staff views the
request as reasonable. The existing accessory garage structure was previously
located on a larger zoning lot (group of lots) which had the same family ownership.
The lot to the west was given to a separate family member which created an
encroachment issue. With the addition, the accessory structure will be
approximately the same size as has existed on the property for many years.
Additionally, the site is located in an area which is not indicative of a typical single
family neighborhood. The property immediately to the east is zoned C -3, with an I-
2 zoned auto repair garage to the west. Additionally 1 -2 zoned uses are located
further west, with a large undeveloped area to the south. A warehouse facility for
the Little Rock School District occupies the entire block across E. 6th Street to the
north. Staff believes the addition to the existing accessory structure with increased
rear yard coverage will have no adverse impact on the surrounding properties or the
general area.
C. Staff Recommendation:
Staff recommends approval of the requested rear yard coverage variance, subject
to the addition to the existing accessory structure not being started until the west
portion has been removed.
BOARD OF ADJUSTMENT (March 26, 2018)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. There was no further discussion.
The application was placed on the Consent Agenda for approval as recommended
by staff. The Consent Agenda passed by a vote of 4 ayes, 0 nays, 0 absent and 1
recusal (Allison). The application was approved.
2
February 20, 2018
z *4v,6- A- 4'
�v- 93o-7
Two lots: Lot 4, C.L. Schafer's Subdivision of Block 29, Garland's Addition to the City of Little Rock,
Pulaski County, Arkansas and Lot 3, C.L. Schafer's Subdivision of Block 29, Garland's Addition to the City
of Little Rock, Pulaski County, Arkansas have recently been the topic of a lawsuit. The Judgment went in
favor of my aunt ordering the reconfiguration of an encroachment from her lot 3 to our lot 4. We are
applying for this variance to reconfigure the moved garage bay from my aunt's lot to our lot, taking it
from the West side to the East side of the garage building.
We own the lot to our East and the lot behind us has not been developed since the houses were moved
from Bender St. to 6th Street by my grandfather in the early 1930's. My grandfather was the farmer /
builder who sold his lettuce farm to the L.R.S.D. for what was the Pfeifer Elementary School at that time.
It is now the L.R.S.D. School Supply Warehouse. He moved my aunt's house and our house to 6th Street
at the time of the sale of his farm to the city. The garage structure was first his wood shop, then turned
garages as automobiles began to gain prominence.
We have an antique van that has resided in the garage, that we have been ordered to reconfigure, for
the past fifteen years. This variance will resolve a long inherited issue for both parties in that my aunt
has razed her house that resided at 1811 East 6th Street and she gets the garage moved off of her lot.
She will now have her lot free and clear to sell. The variance allows the garage be placed on the East
side while leaving no change in 1815's property taxes for the garage structure size of the actual building.
The committee's attention and approval to this agenda item will bring closure to a long standing family
topic.
Regards,
Edward Weber
Angella Weber
MARCH 26, 2018
ITEM NO.: 5
File No.:
Owner /Applicant:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Z -9308
Yajaira Martinez
3723 W. 98th Street
Southwest corner of W. 98th Street and Hilaro Springs Road
Variances are requested from the area provisions of Section
36 -156 to allow an accessory structure with reduced front
setback and separation.
The applicant's justification is presented in an attached letter.
Mobile Home Park
Proposed Use of Property: Mobile Home Park with Storage Building
STAFF REPORT
"TA
Public Works Issues:
No Comments
Staff Analysis:.
The R -2 zoned property located at 3723 W. 98th Street is occupied by a non-
conforming mobile home park which has existed a number of years. The property
is located at the southwest corner of W. 98th Street and Hilaro Springs Road. The
property has a nonconforming status for a seven (7) space mobile home park.
Several driveways from W. 98th Street serve the mobile homes within the property.
Yajaira Martinez is the property owner and applicant.
The applicant recently removed one (1) of the mobile homes from the property and
constructed a one -story frame and stucco storage building on the property, as noted
on the attached site plan. The newly constructed accessory building is 30.25 feet
by 36.5 feet in area. The structure is located 37.88 feet to 42 feet back from the
front (north) property line and over 70 feet from the rear (south) property line. The
accessory structure is separated from the carport portion of the mobile home to the
west by 2.5 to 3.5 feet, and 8.3 feet from the mobile home to the east. The applicant
notes that the accessory structure will be used to store equipment used for the
maintenance of the overall mobile home park and for personal storage.
Section 36- 156(a)(2)c. of the City's Zoning Ordinance requires a minimum front
setback of 60 feet for accessory structures in R -2 zoning. Section 36- 156(a)(2)b.
MARCH 26, 2018
ITEM NO.: 5 (CON'T.) Z -9308
requires that accessory structures be separated from single family homes by at least
six (6) feet. Therefore, the applicant is requesting variances from these ordinance
standards to allow the accessory structure with a reduced front setback and
separation.
Staff is supportive of the requested front setback and separation variances. Staff
views the request as reasonable. The proposed accessory structure will maintain
approximately the same front setback as the mobile home structures within this
property. The accessory structure is located less than six (6) feet from the mobile
home immediately to the west. However, the reduced separation is between the
accessory structure and the unenclosed carport portion of the mobile home. The
accessory structure will be located over 20 feet from the enclosed portion of the
mobile home to the west. Staff believes the proposed accessory structure with
reduced front setback and separation 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
associated with the accessory structure, subject to the accessory structure not being
utilized in conjunction with any business activity.
BOARD OF ADJUSTMENT (March 26, 2018)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. There was no further discussion.
The application was placed on the Consent Agenda for approval as recommended
by staff. The Consent Agenda passed by a vote of 4 ayes, 0 nays, 0 absent and 1
recusal (Allison). The application was approved.
2
�T4-e .- 5
97ad
Owner Of PropertV. And Address
Yajaira Martinez
3723 W. 9e St
Little Rock, Ar 72209
February 6, 2018
To whom it maV concern:
This letter is to explain the reason and purpose of the Storage building we have built. As owner of this
land I have a duty to maintain the grass cut and fix any problems that occur on the property so this
building will be used for storing equipment that I need for maintenance of the land such as
lawnmowers, saws, digging tools and many other items such as these that need to be kept under a roof.
I also have a lot of house hold items that need to store away to make more space in my house. The
reason for the size and building shape is because my relatives work in construction and are familiar with
constructing a building of this shape. I do apologize for not getting any permits before starting to build
but this was my first time building something on my property and I was very naive and clueless to the
procedure of building on the land. My sincere apologies and I will make sure this never happens again.
Sincerely : I -v CAVO
Please let me know if you have any questions 591 - 687 -7599.
MARCH 26, 2018
ITEM NO.: 6
File No.: Z -9309
Owner: Magalene Hogan and Donald Pfeifer
Applicant: Ellen Yeary
Address: 4315 South Lookout Road
Description: Lot 3, Block 22, Hillcrest Addition
Zoned: R -2
Variance Requested: Variances are requested from the area provisions of Section
36 -254 to allow construction of a new residence with reduced
setbacks.
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
G`1
Public Works Issues:
No Comments
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 no 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.
MARCH 26, 2018
ITEM NO.: 6 (CON'T.) Z -9309
C. Staff Analysis:
The R -2 zoned property located at 4315 South Lookout Road is currently a vacant
grass- covered lot. The property is located on the south side of South Lookout Road,
between Wait Street and Fairview Road. The property slopes downward from front
to back (north to south). The remainder of an old concrete driveway is located at
the northwest corner of the lot. The property is located within the Hillcrest Design
Overlay District. Ellen Yeary is the authorized agent for the property owners,
Magalene Hogan and Donald Pfeifer.
The applicant proposes to construct a one -story frame single - family residence on
the property, as noted on the attached site plan. The proposed residence will have
additional living space in the attic area, within the roofline of the structure. The
proposed residence will be located 31.75 feet to 34 feet back from the front (north)
property line, and 17 feet -2 inches to 22.5 feet back from the rear (south) property
line. The residence will be located 3.67 feet to four (4) feet back from the west side
property line. The main body of the residence will be located 5.5 feet back from the
east side property line. An elevated walkway with steps will be located on the east
side of the residence, and will be set back 1.5 feet from the east side property line.
The elevated walkway will be unenclosed on its north, south and east sides. A
cantilevered cover will be located over the north half of the elevated walkway. The
applicant is also proposing a small swimming pool at the southeast corner of the lot,
also noted on the attached site plan.
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(d)(3) requires a
minimum rear setback of 25 feet. Therefore, the applicant is requesting variances
from these ordinance standards to allow the proposed residence with reduced side
and rear setbacks. The proposed pool conforms to ordinance requirements.
Staff is supportive of the requested rear and side setback variances. Staff views the
request as reasonable. The requested variances are from the R -2 zoning setback
standards. The proposed residence conforms with the Hillcrest Design Overlay
District standards. In conforming with the Hillcrest DOD standards, the proposed
residence is required to be located further back on the lot from the front property
line, based on the front setbacks of the adjacent structures. The required front
setback ranges from 31.75 feet to 34 feet, instead of the 25 foot minimum front
setback as typically required by the zoning ordinance. This, in combination with a
substandard sized lot, creates the need for a reduced rear setback for the proposed
residence. The lot has an overage depth of approximately 118 feet, with a typical
R -2 zoned lot (with a 50 foot width) having a depth of 140 to 150 feet. The sub-
standard lot and DOD requirements leaves a relatively small buildable area for the
lot, resulting in the request for reduced side and rear setbacks. Staff believes the
proposed residence with reduced side and rear setbacks will have no adverse
impact on the adjacent properties or the general area.
2
MARCH 26, 2018
ITEM NO.: 6 (CON'T. ) Z -9300
D. Staff Recommendation:
Staff recommends approval of the requested side and rear setback variances,
subject to the following conditions:
1. Compliance with the Building Codes requirements as noted in Paragraph
B. of the Staff ROport.
2. Compliance with all Hillcrest Design Overlay District standards.
3. The elevated walkway along the east side of the residence must remain
unenclosed on its north, south and east sides.
4. The rear stairway portion of the residence must remain uncovered and
unenclosed on its south and west sides.
BOARD OF ADJUSTMENT (March 26, 2018)
Magalene Hogan and Ellen Yeary were present, representing the application. There was
one (1) objector present. Staff presented the application with a recommendation of
approval.
Magalene Hogan addressed the Board in support of the application. She explained that
the proposed house was pushed further back on the lot than typically required, based on
the Hillcrest DOD standards. She presented elevations of the proposed house to the
Board. She noted that ample separation would exist between the proposed structure and
the adjacent structures. Ellen Yeary also addressed the Board in support. She noted
that one (1) neighbor had initial concerns, but withdrew their concerns after reviewing the
proposed plans for the house.
Scott Smith addressed the Board in opposition. He discussed the Hillcrest DOD
standards and the process involved in establishing the DOD. He noted concern with the
size of the proposed residence with respect to adjacent structures and explained. There
was general discussion regarding variances from the Hillcrest DOD standards. Staff
explained that variances from the Hillcrest DOD standards had to be addressed via a PD-
R rezoning by the Planning Commission and Board of Directors. This issue was further
discussed, including staff's recommendation on this application.
Ms. Hogan explained that other lots in the immediate area were larger than the subject
property. She noted that the proposed footprint of the house was only approximately
2,000 square feet. Mr. Smith made additional comments regarding the proposed side
setbacks for the residence. Ms. Yeary explained that the proposed side setback variance
along the east property line was only for an elevated walkway to the rear yard area, and
that the main body of the house conformed with the side setback requirement.
Jeff Yates asked about the required and proposed building setbacks. Staff explained the
requirements.
There was a motion to approve the application, as recommended by staff. The motion
passed by a vote of 4 ayes, 0 nays, 0 absent and 1 recusal (Allison). The application was
MARCH 26, 2018
ITEM NO.: 6 (CON'T.) Z -9309
approved. Vice -Chair Lindsey Polk noted for the record that she had no financial interest
in the proposed residential project.
'Peary Lindsey Architects
February 26, 2018
Mr. Monte Moore
Department of Planning and Development
723 West Markham
Little Rock, AR 72201
Re. Magalene Hogan and Donald Pfeifer Variance Request
4315 South Lookout Road
Little Rock, AR
Dear Monte,
T+,
Please find attached our submittal to the Little Rock Board of Adjustments requesting variances
regarding the property at 4315 South Lookout Road.
Our clients are requesting a variance to the lot coverage regulations in order to reduce both
side -yard and rear -year setbacks for the construction of a new house on a currently vacant lot,
in the Hillcrest neighborhood. At the east side yard, they are requesting to build a 4' -0" wide
exterior walkway connecting the kitchen and the back yard, which will be V -6" from the
property line. The east side of the house will be at 5' -6" off the property line, within the existing
setback.
To accommodate this walkway, at 1' -6" from the property line, our clients are also requesting a
reduction of the west side yard setback. At its narrowest, the setback will be 3' -8" from the
property line at the northwest corner of the house (the southwest corner of the carport), and
at its widest, it will be 3' -9" from the southwest corner of the house. The discrepancy in
setback distances is due to the fact the east and west property lines are not parallel, and the
house is aligned with east property line.
Our clients are also requesting a reduction of the rear yard setback to accommodate part of a
covered porch, part of the master bathroom, and an exterior stair connecting the covered
porch and the back yard. They are requesting this variance because the front yard setback is
31' -9 ", which is 6' -9" larger than the usual 25', due to the Hillcrest Design Overlay District
regulations. The proposed rear yard setback will be 19' -9 ", only 5' -3" past the existing setback.
The lot is also smaller than typical, measuring at 50' wide by 119' deep, as opposed to the
typical 140' depth.
These variances will allow for additional egress points from the house beyond the front
entrance, which will improve the safety and functionality of our clients' new house.
3416 Old Cantrell Road Little Rock, Arkansas 72202 501 - 372 -5940 Fax: 501- 663 -0043
Yeary Lindsey Architects
If you have any questions or need further information, please feel free to contact me. We
appreciate your consideration of our request.
Thank you.
Sincerely,
$A e
Ellen Yeary, AM
3416 Old Cantrell Road Little Rock, Arkansas 72202 501 - 372 -5940 Fax: 501 -663 -0043
MARCH 26, 2018
ITEM NO.: 7
File No.: Z -9310
Owner: Stephen D. Bryant
Applicant: Joe White, White - Daters and Associates
Address: 3816 Patrick Henry Drive
Description: Lot 16, American Manor Addition
Zoned: R -2
Variance Requested: Variances are requested from the fence provisions of Section
36 -516 and the easement provisions of Section 36 -11 to allow
a fence with increased height and an accessory structure
which encroaches into a utility easement.
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
0
C
Public Works Issues:
No Comments
Utility Issues:
AT &T: AT &T has no conflict with the placement of the accessory structure.
Centerpoint Energy: No conflict with placement of accessory structure.
Central Arkansas Water: No objection to easement encroachment.
Entergy: Entergy will allow the shed to remain in the easement since it does not
block access to the pole, nor does it cause a code violation at its current
height.
Little Rock Water Reclamation Authority: No objection to easement encroachment.
Staff Analysis:
The R -2 zoned property located at 3816 Patrick Henry Drive is occupied by a one -
story brick and frame single family residence. The property is located on the north
side of Patrick Henry Drive, east of Ithica Drive. A concrete driveway at the
MARCH 26, 2018
ITEM NO.: 7 (CON'T.) Z -9310
southeast corner of the lot serves as access to the property. The lot contains a five
(5) foot wide utility easement along the west side property line and a 10 foot wide
utility easement along the rear (north) property line. The property is owned by
Stephen D. Bryant. Joe White is the authorized applicant.
The property resident, Jose Reyen, recently constructed a 16 foot by 16 foot
accessory storage building within the rear yard area, as noted on the attached site
plan. The accessory structure is located 10 feet back from the east side property
line and 6.7 feet to 7.3 feet back from the rear (north) property line. The accessory
structure extends into the rear easement by 2.7 to 3.3 feet. The accessory structure
occupies 17 percent of the required rear yard area (rear 25 feet of the lot). The
property resident also recently constructed an eight (8) foot high wood fence
enclosing the rear yard area, also noted on the attached site plan.
Section 36 -11(f) of the City's Zoning Ordinance requires that utility easement
encroachments be reviewed and approved by the Board of Adjustment. Section 36-
516(e)(1)a. allows a maximum fence height of six (6) feet for interior fences in
residential zoning. Therefore, the applicant is requesting variances from these
ordinance standards to allow the accessory structure to encroach into the rear 10
foot utility easement, and the eight (8) foot high wood fence which encloses the rear
yard area.
Staff is supportive of the requested variances. Staff views the request as
reasonable. All of the public utility companies have approved the easement
encroachment for the accessory structure. The accessory structure complies with
all other setback and coverage requirements. Additionally, there are other
accessory structures on the lots to the east and west which encroach into the rear
utility easement. With respect to the proposed eight (8) foot high fence, the applicant
is requesting the additional fence height to provide additional privacy for the rear
yard area. Eight (8) foot high fences have become increasingly popular in single
family areas throughout Little Rock. Staff believes the existing accessory structure
which encroaches into the rear utility easement and the eight (8) foot high fence will
have no adverse impact on the adjacent properties or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested easement and fence variances, as
filed.
BOARD OF ADJUSTMENT (March 26, 2018)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. There was no further discussion.
The application was placed on the Consent Agenda for approval as recommended
by staff. The Consent Agenda passed by a vote of 4 ayes, 0 nays, 0 absent and 1
recusal (Allison). The application was approved
2
® WHITE - DATERS & ASSOCIATES, INC.
24 Rahling Circle
0 Little Rock, Arkansas 72223
Phone: 501 - 821 -1667
www.whitedaters.com
T4-, -* 7
F --9310
February 27, 2018
Mr. Monte Moore
City of Little Rock
Neighborhoods and Planning
723 W. Markham St.
Little Rock, AR 72201
RE: 3816 Patrick Henry Drive
Mr. Moore,
Attached please find the zoning variance application for Lot 16, American Manor Subdivision.
The property address is 3816 Patrick Henry Drive.
The property owner is requesting a variance to allow a structure in an easement along with a
variance to allow an 8 ft. fence which is also in the easement.
Attached please find correspondence from the utility companies with no objections to either the
fence or structure.
Please place this item on the next available docket. Do not hesitate to call should you have any
questions or require additional information.
CIVIL ENGINEERING - LAND PLANNING & DEVELOPMENT - SURVEYING - LANDSCAPE ARCHITECTURE
MARCH 26, 2018
ITEM NO.:8
File No.: Z -9311
Owner: SHG Management, LLC
Applicant: Bhavin Patel
Address: 625 W. Capitol Avenue
Description: Southeast corner of W. Capitol Avenue and S. Gaines Street
Zoned: UU
Variance Requested: Variances are requested from the sign provisions of Sections
36 -342.1 / 36 -553 to allow an increased number of projecting/
under canopy signs and projecting /under canopy signs which
exceed the maximum area allowed.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Hotel
Proposed Use of Property: Hotel
STAFF REPORT
A. Public Works Issues:
The signage appears to be within the right -of -way. Obtain a franchise agreement
from Public Works, Civil Engineering, Bennie Nicolo (501- 371 -4818) for the
private improvements located in the public right -of -way. The application fee is
$75.00. A franchise agreement application can be found at
https: / /www.Iittlerock.gov /city - administration /city- departments /public- works /.
B. Staff Analysis:
The UU zoned property at 625 W. Capitol Avenue is occupied by the Frederica Hotel,
a five (5) story hotel building. The property is located at the southeast corner of W.
Capitol Avenue and S. Gaines Street. The property has three (3) street frontages;
W. Capitol Avenue, S. Gaines Street and W. 6th Street. A paved parking lot is located
on the east side of the building, with access drives from W. Capitol Avenue and W.
6th Street. The hotel building and parking occupy an entire half block area. The
property owner is SHG Management, LLC, represented by Bhavin Patel.
The applicant recently placed two (2) projecting signs and three (3) under - canopy
signs on the north (W. Capitol Avenue) building facade, as noted on the attached
site plan and photos. The two (2) projecting signs are located at the northeast and
northwest corners of the hotel building. The under - canopy signs are attached to an
existing covered entry area on the north side of the building, which extends over the
MARCH 26, 2018
ITEM NO.: 8 C� ON'T.) _ Z -9311
sidewalk along W. Capitol Avenue. The two (2) projecting signs each have a sign
area of approximately 62.5 square feet. The projecting signs are located
approximately 17 feet above the sidewalk area. The two (2) under canopy signs on
the east and west sides of the covered entry area each have a sign area of
approximately 17 square feet. The under - canopy sign on the north side of the
covered entry area has a sign area of approximately 25 square feet. The under -
canopy signs are located approximately nine (9) feet above the sidewalk along W.
Capitol Avenue. The property also contains a small ground- mounted sign at the
north entry driveway. The ground sign has existed on the property for a number of
years.
Section 36- 342.1(c)(11) of the City's Zoning Ordinance (UU zoning district
standards) allows signage as per Section 36 -553. Section 36- 553(a)(2)b. allows
one (1) under - canopy or projecting sign per occupancy, not to exceed 12 square
feet in sign area. The UU district standards allow signage to project into the public
right -of -way. Therefore, the applicant is requesting variances from Section 36 -553
to allow five (5) projecting /under - canopy signs for this property, and the signage to
exceed the maximum area allowed. The applicant is requesting the proposed
signage in -lieu of any wall signage on the three (3) street - fronting sides of the
building.
Staff is supportive of the variances to allow the projecting and under - canopy signage
as proposed. Staff views the request as reasonable. The applicant is proposing
approximately 184 square feet of projecting and under - canopy signage for the north
fagade of the existing hotel building. As per Section 36 -553, wall signage is allowed
on the north, south and west building facades, as these facades have street
frontage. A total of approximately 3, 000 square feet of wall signage would typically
be allowed for the three (3) building facades. The applicant is proposing to have no
wall signage at any time on any fagade of the building, in -lieu of the proposed
projecting and under - canopy signs. Staff believes that this proposal is a very
reasonable trade -off, and that the proposed projecting and under- canopy signs will
have no adverse impact on the surrounding properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested variances to allow an increased
number of projecting and under - canopy signs with increased sign area, subject to
the following conditions:
1. Compliance with the Public works requirement as noted in Paragraph A. of the
Staff Report.
2. There shall be no wall signage placed on the north, south and west building
facades at any time.
3. A sign permit must be obtained for each projecting and under - canopy sign.
PJ
MARCH 26, 2018
ITEM NO.: 8 (CON'T.) Z -9311
BOARD OF ADJUSTMENT
(March 26, 2018)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. There was no further discussion.
The application was placed on the Consent Agenda for approval as recommended
by staff. The Consent Agenda passed by a vote of 4 ayes, 0 nays, 0 absent and 1
recusal (Allison). The application was approved
3
Hotel Frederica
625 W Capital
Little Rock, AR 72201
Zoning board of appeals:
v
:7` 0
I am writing to get a sign variance for the Hotel Frederica located on 625 W capital Little Rock, AR 72019.
Current zoning would not allow the signs to be put up. This building used to be the Legacy hotel, and
we have undergone a cosmetic renovation to the property to convert it from being the eyesore that it
was to downtown community.
The building itself is on the historical registrar. Before we started any kind of renovation at the
property we brought in Tom Marr part of the Arkansas Historic Preservation Program to do a walk-
through of the said property. Originally there were two wall signs on the building one in the back side
on the brick with each letter spelled out and one on top of the building. He stated if we were to change
the face plate of the signs to the new logo it would not be allowed. We discussed further what would be
allowed by the historical registrar which were signs that were not powered electrically because signs
back in 1918 did not have power to them.
Therefore we will not have any wall signage on the building at any time. We propose this new signage in
lieu of the wall signage which would include the proposed signage under the canopy and the signage
projected off the side of the building.
If we were to take down those signs we would have no signage on the building.
March 26, 2018
There being no further business before the Board, the meeting was adjourned at 2:51
p.m.
Date:
Chairman Secretary