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boa_04 30 2018LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES APRIL 30, 2018 2:00 P.M. I.Roll Call and Finding of a Quorum A Quorum was present being five (5) in number. II.Approval of the Minutes of the Previous Meetings The Minutes of the March 26, 2018 meeting were approved. Members Present: Members Absent: City Attorney Present: Christopher Smith, Chairman Carolyn Lindsey Polk, Vice Chair Frank Allison Richard Bertram Jeff Yates None Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA APRIL 30, 2018 2:00 P.M. OLD BUSINESS: A. Z- 8853 -A 315 Main Street NEW BUSINESS: 1. Z- 3738 -B 9125 Interstate 30 2. Z-6231 -A 4400 Kenyon Road 3. Z- 9160 -C 10800 Bass Pro Parkway 4. Z -9315 620 E. 16th Street 5. Z -9316 112 Buckland Place 6. Z -9317 920 North Bryan Street 7. Z -9318 4 Longfellow Circle APRIL 30, 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 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 facade 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 facade replaced a rather large mural which previously existed and occupied the majority of the north facade area. There is also a small amount of wall signage (window signage) for Brewski's Pub on APRIL 30, 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 facade (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 APRIL 30, 2018 ITEM NO.: A CON'T.) Z- 8853 -A 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). Staff Update: On April 13, 2018 the applicant submitted a letter to staff with additional information and revisions to the application. The applicant notes that the front facade of the building is 85 feet — 2 inches tall, with a building width of 50 feet. This equals a front fagade area of 4,258 square feet. Therefore, 425.8 square feet of wall signage will be allowed for the front, street facing facade. The existing Brewski's sign is 16 square feet in area, leaving 409.8 square feet of available wall signage for the front fagade. The applicant proposes to transfer the available sign area to the south building fagade and retain the existing 20 foot by 20 foot Mulberry Flats / Brewski's sign (400 square feet total) on the south fagade. The existing Mulberry Flats / Brewski's wall sign on the north fagade will be removed. The applicant notes that no other wall signage will be requested for the front (west) fagade. The applicant also notes that the allowed projecting sign (12 square feet) for the front (west) building facade may be requested at some point in the future. Staff supports the application as revised to maintain the wall sign on the south fagade, remove the wall sign from the north fagade and have no additional wall signage on the front (west) fagade. Staff feels that this is a reasonable "trade -off' of wall signage from the front building fagade to a non - street facing fagade. Staff believes the wall sign on the south building fagade will have no adverse impact on the adjacent properties or the general area. Revised Staff Recommendation: Staff recommends approval of the revised application to allow the existing wall sign on the south building fagade, with the following conditions: 1. There is to be no more than 400 square feet of wall signage on the south building fagade. 2. There is to be no additional wall signage on the front (west) building fagade. 3. There is to be no wall signage on the north building fagade. 4. A sign permit must be obtained for the wall sign on the south building fagade within seven (7) days of the Board of Adjustment action, and the existing wall sign on the north building fagade must be removed within thirty (30) days of obtaining the permit for the sign on the south fagade. 3 APRIL 30, 2018 ITEM NO.: A (CON'T. ) Z- 8853 -A BOARD OF ADJUSTMENT (April 30, 2018) Rett Tucker was present, representing the application. There were no objectors present. Staff presented the application, noting the revisions made by the applicant. Staff supported the revised application. Jeff Yates asked if the sign on the south fagade were approved, would it transfer to other future occupants /owners of the building. Staff noted that the approval would be for a painted wall sign only, and that if there was a change in business name the sign could be re- painted for the new occupant, maintaining the maximum sign area approved. Rett Tucker addressed the Board in support of the application. He explained that he had worked with staff in revising the application. There was no further discussion. There was a motion to approve the revised application, as recommended by staff. The motion passed by a vote of 5 ayes, 0 nays and 0 absent. The revised application was approved. _Y:4-A,,,, T LICI�E R April 13, 2018 Mr. Monte Moore Department of Planning and Development City of Little Rock 723 W. Markham Little Rock, AR 72201 Re: File No.: Z- 8853 -A Dear Mr. Moore: The owners of 315 Main Street have authorized me to amend the above referenced application to include one Mulberry Flats sign and one Brewski's sign on the south fagade of the building. We have determined that the front of the building has a height of 85 feet and 2 inches and a width of 50 feet for a total of 4,258 square feet. A drawing is attached. Ten percent of 4,258 = 425.8 square feet of allowable signage. The existing Brewski's sign has 16 square feet, which would leave about 410 square feet for additional signage. The owners are requesting a trade -off to allow the Mulberry Flats and Brewski's signs, which total 20 feet by 20 feet (400 square feet), to remain on the south side, The owners agree not to request any other wall signage on the front fagade, but want to reserve the right to add one small projecting sign as allowed by ordinance. Thank you for working with us on this compromise. We hope you find it to be acceptable. Sincerely, -17 IJ "L4 4CLI11, Rett Tucker r ,�..i ..r,ia� iSr„i; <•rar:c ?,k;n _f.;cr: ?rs:� I,;.•;:.: r. t; 11c r_n�rc: rnc_rn .. r., ,.�. :�•:: :_ i mde fl,: S.L. IS APRIL 30, 2018 ITEM NO.: 1 File No.: Z- 3738 -B Owner: J.A. Riggs Tractor Company Applicant: Don Langford, J.A. Riggs Tractor Company Address: 9125 Interstate 30 Description: Southwest corner of 1 -30 and S. University Avenue Zoned: 1 -2 Variance Requested: A variance is requested from the sign provisions of Section 36 -554 to allow a ground- mounted sign with increased area and height. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Equipment Sales, Parts, Service and Rental Proposed Use of Property: Equipment Sales, Parts, Service and Rental STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The 1 -2 zoned property located at 9125 Interstate 30 is occupied by the J.A. Riggs Tractor Company. The property is comprised of a multi - building development, and includes sales, service and rental of earth moving equipment and other machinery. The property contains street frontage along all property boundaries. Interstate 30 is located along the north property line, Chicot Road is located along the west property line and S. University Avenue runs along the eastern property line. The Chicot Road /S. University Avenue intersection is located at the southern tip of the overall property. Driveways from all three (3) streets serve as access to the property. The applicant is proposing to construct a new ground- mounted sign along the S. University Avenue frontage, as noted on the attached site plan. The sign will be located near the northeast corner of the property. The proposed ground sign will be 288 square feet in area and will not exceed 36 feet in height. There are currently two (2) ground- mounted signs along the north (1 -30) frontage and no ground signs along the S. University property line. There is one (1) small ground sign along the Chicot Road frontage. The applicant notes that the proposed ground- mounted sign will be the only sign within the first (north) 800 feet of the S. University (eastern) property line. The property contains approximately 1,800 linear feet of street frontage along S. University Avenue. APRIL 30, 2018 ITEM NO.: 1 (CON'T.) Z- 3738 -A Section 36- 554(a)(2) of the City's Zoning Ordinance allows ground -signs in the 1 -2 zoning district with maximum areas of 72 square feet and maximum heights of 30 feet. Therefore, the applicant is requesting a variance from this ordinance standard to allow the proposed ground sign with increased area and height. Section 36- 557(c) allows one (1) additional ground sign for each 150 linear feet of additional street frontage along a right -of -way. Staff is supportive of the requested sign variance. Staff views the request as reasonable. The applicant notes that the proposed ground sign will be the only sign within the first (north) 800 linear feet of the property along the S. University Avenue frontage. Section 36 -557 would typically allow up to five (5) ground signs within this area, with a total sign area of 360 square feet. Therefore, the applicant is proposing the 288 square foot sign in -lieu of the multiple signs. Staff feels that this represents a reasonable trade -off. Additionally, the requested variance for sign height is very minimal. Staff believes the proposed ground sign with additional sign area and height will have no adverse impact on the surrounding properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested sign variance, subject to the proposed sign being the only ground- mounted sign within the first (north) 800 linear feet of street frontage along S. University Avenue. BOARD OF ADJUSTMENT (April 30, 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 5 ayes, 0 nays and 0 absent. 2 J A Riggs Tractor Company /Riggs Outdoor 9125 Interstate 30 Little Rock, AR 72209 Planning Committee, We are asking for a variance in order to consolidate signage at the above address. We have added new product lines and need necessary signage to correctly advertise. According to Mr. Dana Carney, we currently have 70 sq. feet of signage per 150 feet of road frontage. We feel it would better serve us and more easily viewed by combining the square footage onto one sign. (See Attached) Using the square footage that we are requesting, it would equate to 4 -5 signs and 600 -750 feet of road frontage. We are willing to agree that no additional signage in the 800 feet from access road /University toward Chicot would be requested in the future. We are requesting approx. 288 sq. ft. of combined signage not to exceed 36 ft. in height. Thank you for your consideration. Don Langford VP of Corporate Services Ph. 501 - 366 -5778 APRIL 30, 2018 ITEM NO.: 2 File No.: Z-6231 -A Owner: Mason McBrown Applicant: Ross McCain Address: 4400 Kenyon Road Description: Lot 12, Block 12, Hillcrest Addition Zoned: R -2 Variance Requested: Variances are requested from the area provisions of Section 36 -254 to allow porch /steps and garage additions with reduced side and rear 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 A. Public Works Issues: 1. The Public Works has no comment on the variance for reduced setback. 2. The Public Works does not support the unpermitted construction of parking facilities or landscaping within the right -of -way. Contact Bennie Niccolo by phone at 501 - 371 -4818 for information on how to obtain a franchise agreement from the Public Works. B. Staff Analysts: The R -2 zoned property located at 4400 Kenyon Road is occupied by a two -story frame single family residence. The property is located on the northwest corner of Kenyon Road and Walnut Street. A paved alley right -of -way runs along the rear (north) property line. The property contains no driveway or off - street parking area. The applicant is proposing to construct two (2) additions to the existing residence. The applicant proposes a one -story garage addition to the north end of the residence, as noted on the attached site plan. The garage addition will be located 23 feet back from the rear (north) property line and six (6) feet to 13 feet from the west side property line. The applicant is also proposing a porch and stairway addition along the east side of the residence. The porch addition will connect two (2) separate porches which exist along the east side of the residence. The porch addition will be located 5.5 feet to 11.5 feet from the east side property line. The porch addition will be uncovered on its north, south and east sides. The proposed stairway addition will be located on the east side of the porch addition. The stairway APRIL 30, 2018 ITEM NO.: 2 (CON'T.) _ Z-6231 -A addition will be located three (3) feet to 10 feet back from the east side property line. The stairway addition will be uncovered and unenclosed, and will lead down from the porch to a new two -car wide driveway from Walnut Street which will serve the proposed garage addition. The applicant is also proposing a parking pad along the east property line within the Walnut Street right -of -way. Section 36- 254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of 5.8 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 to allow the porch /stairway addition with a reduced side setback and the garage addition with a reduced rear setback. Staff is supportive of the requested side and rear set back variances. Staff views the request as reasonable, as the requested variances are very minimal in nature. The applicant is requesting to construct additional porch space along the east side of the residence to connect two (2) existing separate porches. The proposed stairway will lead to the new driveway for the garage addition. The porch addition will be unenclosed and the stairway will be unenclosed and uncovered, with the addition being located along a street side property line and not adjacent to another residence. The rear setback for the proposed garage addition is less than a 10 percent encroachment, which staff could sign -off on if there were no other variances. The proposed additions will conform with the Hillcrest Design Overlay District requirements. Staff believes the proposed additions with reduced side and rear setbacks will have no adverse impact on the adjacent properties or the general area. The applicant will need to work with the Public Works Department in permitting the parking pad within the Walnut Street right -of -way. C. Staff Recommendation: Staff recommends approval of the requested side and rear setback variances, subject to the following conditions: 1. Compliance with the Public Works requirements as noted in paragraph A. of the staff report. 2. Compliance with the Hillcrest Design Overlay District standards. 3. The porch addition must remain unenclosed on its north, south and east sides. 4. The stairway addition must remain uncovered and unenclosed. BOARD OF ADJUSTMENT (April 30, 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 5 ayes, 0 nays and 0 absent. 2 Mc f 44 -y Arch t W. Ross McCain, AIA m 7- 31 — / j 1 Point Circle Little Rock, AR 72205 (501) 517 -0511 ross.mccain@comcast.net March 27, 2018 Mr. Brian Minyard Dept. of Planning and Development Little Rock, AR 72201 Re: Variance at McBroom Residence, 4400 Kenyon Road Dear Brian, Attached is our application for a side yard and rear yard setback variance for the proposed addition to the McBroom Residence at the above address. We are requesting a rear setback variance to allow the new garage to be attached to the rear of the house thereby preserving the greatest amaount of open space for the back yard play area. We are also requesting a side yard setback variance along the side street to allow for construction of a stair from the side porch down to the driveway. Sincerely, ti W. Ross McCain �J APRIL 30, 2018 ITEM NO.: 3 File No.: Z- 9160 -C Owner: Kerin Revocable Trust Applicant: David Ashley, Arkansas Sign & Neon Address: 10800 Bass Pro Parkway Description: North side of Bass Pro Parkway, at Gateway Grove Loop Zoned: C -4 Variance Requested: A variance is requested from the sign provisions of Section 36 -557 to allow a wall sign without direct street frontage. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Commercial STAFF REPORT A. Public Works Issues: No Comment B. Staff Analysis: The C -4 zoned property located at 10800 Bass Pro Parkway is occupied by a one - story commercial building which was recently constructed. The property is located at the corner of Bass Pro Parkway and Gateway Grove Loop. The commercial building is located within the front half of the lot and has paved parking in the front (south) and rear (north) of the building. The majority of the parking will be located at the rear of the building. Access drives will be located along the western (Gateway Grove Loop) and southern (Bass Pro Parkway) property lines. The commercial building will house four (4) tenants. The tenant within one (1) of the center portions of the commercial building (Sprint) is requesting to install a wall sign on the rear of the building in addition to wall signage on the front facade. The proposed wall sign on the rear of the building will be approximately 25.74 square feet in area. The portion of the rear facade occupied by the business will be 18 feet by approximately 18.5 feet (333 square feet). Pie Five Pizza restaurant occupies the easternmost portion of the building, and Taziki's restaurant occupies the westernmost third of the building. On December 12, 2016 the Board of Adjustment approved variances to allow both restaurants to have wall signage on the rear facade of the building. The variances were approved APRIL 30, 2018 ITEM NO.: 3 9160 -C subject to the signage not exceeding ten (10) percent of the fagade area occupied by each restaurant. Additionally, the property owner agreed not to install the allowed ground- mounted sign along the Gateway Grove Loop frontage in exchange for the wall signs on the rear building fagade. On July 31, 2017, Gateway Nails and Spa (one (1) of the center tenants) was granted a variance for a wall sign on the building's rear fagade under the same conditions. Section 36- 557(a) of the City's Zoning Ordinance requires that all on- premise wall signs be located on building sides which have street frontage. Therefore, the applicant is requesting a variance from this ordinance requirement to allow the wall sign on the rear (northern) facade which has no street frontage. Staff is supportive of the requested variance to allow signage without street frontage. Staff views the request as reasonable. Staff believes the proposed "trade -off' by not installing a ground- mounted sign along the Gateway Grove Loop frontage in exchange for the wall signage on the rear building fagade is reasonable. The proposed wall sign for Sprint on the rear fagade does not exceed ten (10) percent of the fagade area occupied by the business. Staff believes the proposed sign without street frontage will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested variance to allow wall signage without street frontage, subject to the following conditions: 1. There will be no ground- mounted signage installed along the Gateway Grove Loop frontage of the property. 2. Wall signage for the Sprint occupancy on the rear building fagade must not exceed ten (10) percent of the fagade area occupied by the business. BOARD OF ADJUSTMENT (April 30, 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 5 ayes, 0 nays and 0 absent. 2 L�' v SIGN & NEON March 28, 2018 City of Little Rock Planning & Development attn: Monty Moore mmoore @littlerock.gov 501 - 371 -4792 8525 DISTRIBUTION DR. LITTLE ROCK, AR 72209 RE: Sprint Variance request for Rear Elevation Signage In 43 '�_4 0 r 1 � � r «r 501- 562 -3942 P 501 -562 -6651 F We are requesting, on behalf of our customer, a sign on the back of our store location at 10800 Bass Pro Pkwy, Suite C, Little Rock, Ar 72210 to face Interstate 430. Our property management has agreed there will be no tenant free - standing sign in exchange for signs on the back of the building. Thank you for your consideration in this matter for our customer. Sincerely, rim.. elclrl &Azlo David Ashley fJl President APRIL 30, 2018 ITEM NO.: 4 File No.: Z -9315 Owner: Common Ground Properties, LLC Applicant: Jill Fogleman, Common Ground Properties, LLC Address: 620 E. 16th Street Description: Northwest Corner of E. 16th Street and Bragg Street Zoned: R -4 Variance Requested: Variances are requested from the area provisions of Section 36 -256 to allow a new residence with reduced front and rear setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Lot 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 620 E. 16th Street is currently undeveloped and grass covered. A small storage shed is located at the northwest corner of the lot. The property is located at the northwest corner of E. 16th and Bragg streets. The property has a slight slope downward from side to side (west to east). The property is comprised of the south 75 feet of Lot 7, Block 7, Bragg's Addition. The lot was platted with the front to back running south to north. Therefore, the south (E. 16th Street) property line is the platted front, with the north property line being the rear. The overall lot is 50 feet by 75 feet or 3,750 square feet in area. The applicant proposes to construct a new two -story residence on the property, as noted on the attached site plan. The residence will be located 15 feet back from the front (south) property line and six (6) feet back from the rear property line. The proposed residence will be located six (6) feet from the east street side property line and 14 feet from the west side property line. The rear (north) 18 feet of the structure will be the garage portion of the residence. A two -car wide driveway from Bragg Street will serve as access to the garage. The existing storage shed at the northwest corner of the lot will be removed from the property. APRIL 30, 2018 ITEM NO.: 4 9315 Section 36- 256(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for this R -4 zoned lot. Section 36- 256(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 front and rear setbacks. Staff is supportive of the requested setback variances for the proposed residence. Staff views the request as reasonable. Although the lot at 620 E. 16th Street is a legal lot of record, it is substandard in size. The ordinance requires a minimum lot size of 7,000 square feet for R -4 zoned lots. The existing lot is 3,750 square feet in area and was created a number of years ago. The other lots within this block along Bragg Street are similar in size. Therefore, the requested reduced setback and scale of the residence will not be out of character with other homes within this block. Staff believes the applicant has done a good job in designing a house to fit this small lot. The rear property line of the subject lot is adjacent to the side yard of the residence immediately to the north. The existing side setback for the structures along Bragg Street and the existing front setbacks for the homes along E. 15th Street to the north are similar to the setbacks proposed. Staff believes the proposed residence with reduced front and rear setbacks will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested front and rear setback variances, as filed. BOARD OF ADJUSTMENT (April 30, 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 5 ayes, 0 nays and 0 absent. 2 March 22, 2018 CilMtNGR ND Members of the Board of Adjustment 500 W. Markham Little Rock, AR 72201 RE: 620 East 16" Street Dear Members of the Board: The parcel at 620 East 16' Street is only seventy -five (75) feet deep when measured from 16" Street to the north lot line. The standard city lot in the area is one hundred and forty (140) feet deep. This shallow depth of the lot provides a depth of only twenty -five (25) feet for development if the structure is oriented with the front toward 16" Street and the area provisions of city code are strictly enforced. We are requesting a reduced front setback of fifteen (15) feet and a rear setback of six (6) feet to allow for the construction of a modest single family home with a total depth of fifty -three (53) feet, ten (10) inches. The attached survey includes the footprint of the proposed residence. The south thirty -five (35) feet, ten (10) inches contain living space and front porch. The north eighteen (18) feet of the proposed residence includes a narrow two -car attached garage to accommodate off - street parking, as required by code. The existing shed, which is depicted on the survey and identified as "Frame Bldg." at the northwest corner of the lot, will be removed. Without the grant of a variance the parcel cannot be developed in a manner that is consistent with and complimentary to the surrounding residences. We appreciate your consideration to this matter. Sincerely, Jill Fogleman, mber Common Ground Properties, LLC APRIL 30, 2018 ITEM NO.: 5 File No.: Z -9316 Owner: Thane and Amanda Lawhon Applicant: Thane Lawhon Address: 112 Buckland Place Description: Lot 290, Cypress Point West Addition Zoned: R -2 Variance Requested: A variance is requested from the area provisions of Section 36 -254 to allow a covered patio addition with a reduced rear setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R -2 zoned property located at 112 Buckland Place is occupied by a two -story brick and rock single family residence. The property is located on the west side of Buckland Place, north of Buckland Road, and north of the Ranch Subdivision. There is a two -car wide driveway at the southeast corner of the property. The driveway leads to a side loading garage on the south side of the residence. The applicant proposes to construct a new in- ground swimming pool within the rear yard area, near the northwest corner of the property. The applicant also proposes to construct a one -story covered patio addition to the southwest corner of the residence, as noted on the attached site plan. The proposed covered patio addition will be 20 feet by 23 feet in area. The addition will be located 12 feet back from the rear (west) property line and approximately 30 feet from the south side property line. The proposed covered patio addition will be unenclosed on its north, south and west sides. APRIL 30, 2018 ITEM NO.: 5 9316 Section 36- 254(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for this R -2 zoned lot. Therefore, the applicant is requesting a variance to allow the proposed patio addition with a reduced rear setback. Staff is supportive of the requested reduced rear setback variance. Staff views the request as reasonable. As noted previously, the proposed addition will remain unenclosed on its north, south and west sides. As such, the proposed addition will have a minimal visual impact on the adjacent properties. The applicant has submitted a letter from the subdivision's architectural review committee. The architectural review committee has approved the addition, subject to approval by the Board of Adjustment. The applicant notes that the pool will conform to ordinance requirements. Staff believes the proposed covered patio addition will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested rear setback variance, subject to the covered patio addition remaining unenclosed on its north, south and west sides. BOARD OF ADJUSTMENT (April 30, 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 5 ayes, 0 nays and 0 absent. 2 17�, March 27, 2018 e.- 9_51; �zf01,XT� Department of Planning and Development Board of Adjustment 723 West Markham Little Rock, AR 72201 Re: Application for Residential Zoning Variance Dear Board, Thank you for the opportunity to submit a request for variance for your consideration. I am seeking a reduction of the current residential rear yard lot line set -back from 25' to 12' of lot #290 Cypress Point West Addition, Little Rock, Arkansas. The purpose of the variance is to allow for sufficient space to construct an outdoor patio designed and constructed by a licensed contractor that meets or exceeds the residential neighborhood harmony and character. Description of Variance Request Request for 12' rear yard lot line set -back versus the current 25' rear yard lot line set -back requirement, pursuant to City of Little Rock Code of Ordinances Section 36- 254(d)(3). Reason for Variance Request The reason for the variance request is to be able to build an outdoor covered patio connected to the existing home that is in harmony with the other neighborhood properties. The lot in question was developed in 2004 and the existing home was constructed in 2007. My wife and I purchased the home in 2012. The home is one of the larger homes in the neighborhood with a deep house plan, which resulted in reduced rear yard open space. Currently there are no improvements in the back yard other than kid's swing set. However, we plan to invest in improvements to the back yard including an outdoor covered patio and an in- ground pool. Note the pool design is relevant to the overall improvement project, but the pool does not require a variance and therefore is not part of this request. The current rear lot line set -back is 25' and combined with the deep house plan leaves little space to construction improvements while maintaining harmony with size, space, dimension and quality of other neighborhood properties. This creates a practical difficulty from strict compliance with the current set -back regulation. The proposed patio improvement is not possible under the current set -back requirements, which provide approximately 7' of open space before encroaching on the 25' set -back. It may be possible that a different patio plan could be developed within the existing set -back requirement, but such a plan would compromise the aesthetics and character of the home and neighborhood. No other variances are required pertaining to the subject lot. Approval of this variance would allow construction of a quality covered patio with seating area, outdoor fireplace, and cooking area. The proposed patio plan measures approximately 23' X 20' with a vaulted gabled roof and exposed beams connected to the rear of the existing home. The sides of the patio will remain open with column supports that match existing column supports on the home. Included herein are two computer generated artistic conceptions of the proposed project. All construction materials and design are consistent with other similarly situated outdoor patios found in the neighborhood. Also, the approval of this variance will not be a detriment to public.safety, health or welfare, or injurious to other property or adjacent neighbors. Furthermore, this situation does not create a pecuniary detriment but rather it would deprive reasonable use of the property. As seen on the enclosed aerial photo, surrounding properties consist of residential homes and related improvements. But none are close in proximity to or will be burdened by the proposed patio plan. Furthermore, I have spoken with adjacent neighbors regarding a potential variance and all that I spoke with expressed approval of the proposed patio plan. Included herein for your consideration are the following: 1. Application for zoning variance. 2. Certified as -built lot survey dated 2012, with hand drawn proposed patio improvement. 3. Recorded Plat of subject lot. 4. Aerial photo of subject lot. 5. Neighborhood architectural control committee preliminary approval. 6. Computer generated artistic conception of proposed improvements. Thank you for your consideration of this matter. Please contact me if you have any questions or need any additional information to process this request. Sincerely, r" T.J. Lawhon 112 Buckland Place Little Rock, AR 72223 (870) 919 -6903 ti.lawhon @lawhonservices.com 2 APRIL 30, 2018 ITEM NO.: 6 File No.: Z -9317 Owner /Applicant: Rebecca Kathleen Bourne Address: 920 North Bryan Street Description: West side of North Bryan Street, north of "H" Street 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: 1. Any proposed construction must not encroach upon the right -of -way unless permitted by a franchise agreement. North Bryan Street is classified as a residential street on the Master Street Plan with fifty (50) feet of right -of -way. The right -of -way should be measured from the centerline of North Bryan Street. 2. Any proposed construction must not interfere with the visibility of motor vehicles on North Bryan Street. B. Staff Analysis: The R -2 zoned property located at 920 North Bryan Street is occupied by a one - story brick and frame single family residence. The property is located on the west side of North Bryan Street, north of "H" Street. Undeveloped "I" Street right -of -way is located along the north side property line. The front yard of the property slopes up slightly from North Bryan Street. A two -car wide driveway from N. Bryan Street is located at the northeast corner of the property. Short retaining walls are located within the front yard area, south of the driveway, making this portion of the front yard area fairly level. The applicant proposes to construct a retaining wall on the north side of the existing driveway in order to level the front yard area north of the driveway, between the driveway and the north side property line. The retaining wall will be approximately two (2) feet in height along the front (east) property line. The applicant also proposes APRIL 30, 2018 ITEM NO.: 6 Z -9317 to construct a six (6) foot high wood fence on top of the retaining wall along the north side property line, as noted on the attached site plan. The proposed fence will extend from near the northeast corner of the residence to the front (east) property line. The fence will be six (6) feet in height as measured from the grade of the front yard area after retaining wall construction. Section 36- 516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences located between building setback lines and street rights -of -way. Six (6) foot high fences are allowed elsewhere on residential property. Therefore, the applicant is requesting a variance to allow the proposed six (6) foot high wood fence to be located between the 25 foot front building setback line and the N. Bryan Street right -of -way. Staff is supportive of the requested fence height variance. Staff views the request as reasonable. The subject property is located next to an undeveloped portion of "I" Street right -of -way which is heavily overgrown and will likely never be developed. Williams Magnet Elementary School is located on the north side of the "I" Street right -of -way. Staff's support of the proposed six (6) foot high wood fence within the front yard area is based primarily on the fact that the fence will be located adjacent to the undeveloped right -of -way and not another single family residence. Staff believes that the proposed fence will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested fence height variance, subject to the following conditions: 1. Compliance with the Public Works requirements as noted in Paragraph A. of the Staff Report. 2. No portion of the proposed fence or retaining wall may extend beyond the front (east) property line. BOARD OF ADJUSTMENT (April 30, 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 5 ayes, 0 nays and 0 absent. APRIL 30, 2018 ITEM NO.: 7 File No.: Z -9318 Owner: Charles and Mary Thompson Applicant: Stephen R. Giles Address: 4 Longfellow Circle Description: Lot 4, Longfellow Circle Addition Zoned: R -2 Variance Requested: A variance is requested from the area provisions of Section 36 -254 to allow a room /carport addition with a reduced side setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5) feet if they have properly constructed fire walls which provide the requisite one (1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line, and are prohibited when the exterior wall is less than three (3) feet from the line. There is 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. APRIL 30, 2018 ITEM NO.: 7 Z -9318 C. Staff Analysis: The R -2 zoned property located at 4 Longfellow Circle is occupied by a one -story brick and frame single family residence. The property is located on the north side of Longfellow Circle, north of Hawthorne Road. A two -car wide driveway from Longfellow Circle is located at the southeast corner of the lot. A decorative brick wall is located along the front (south) property line. The property has a severe slope downward from front to back within the rear yard area. The lot contains a 20 foot front platted building line. The applicant proposes to construct a carport addition to the east side of the residence, as noted on the attached site plan. The proposed carport will be approximately 22 feet by 22 feet in area. The north approximately 42 square feet of the addition will be as enclosed addition to the existing storage room at the northeast corner of the residence. The proposed carport addition will be located 2.5 feet back from the east side property line. The enclosed portion of the addition will be located 7.33 feet back from the east side property line. The proposed carport will be located approximately 23 feet back from the front (south) property line. The proposed carport addition will be unenclosed on its south and east sides. Section 36- 254(d)(2) the City's Zoning Ordinance requires a minimum side setback of eight (8) feet for this R -2 zoned lot. Therefore, the applicant is requesting a variance to allow the carport addition with a reduced side setback. Staff is supportive of the requested variances. Staff views the request as reasonable. The subject property has excessive slope downward from front to back within the rear yard portion of the property. Therefore, the only buildable area of the lot is on the existing driveway area along the east side of the residence. Ample separation will exist between the proposed carport addition and the residence immediately to the east. The adjacent property is at least eight (8) feet back from the dividing side property line and at a slightly higher elevation. Staff believes the proposed carport addition with reduced side setback will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested side setback variance, subject to the following conditions: 1. The carport addition must remain unenclosed on its south and east sides. 2. Guttering must be provided, if the roof slope dictates, to prevent water run -off onto the property immediately to the east. 3. The roof overhang, including any guttering, must not extend across the east side property line. 4. Compliance with the Building Codes requirement as noted in Paragraph B. of the Staff Report. 2 APRIL 30, 2018 ITEM NO.: 7 Z -9318 BOARD OF ADJUSTMENT (April 30, 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 5 ayes, 0 nays and 0 absent. The Law Firm of � 7 Stephen R. Giles A Professional Association Telephone 425 West Capitol Avenue Facsimile (501) 687 -0836 Suite 3200 (501) 374 -5092 Little Rock, Arkansas 72201 -3469 E -mail: sgiles @gileslaw.net March 27, 2018 VIA HAND DELIVERY Mr. Monte Moore Department of Planning and Development City of Little Rock 723 West Markham Little Rock, AR 72201 Re: Variance at 4 Longfellow Circle Dear Monte: The owners of the residential home at 4 Longfellow Circle have appointed me and architect Patrick Anders as agents to proceed with a variance application to construct a carport on a portion of the existing driveway. The home was originally constructed in the late 1950s without a garage or carport. This is the only residence in the neighborhood that does not have covered parking. In addition to the new carport, the variance proposal is to allow an addition of 42 sq. ft. of interior space to the current storage room adjacent to the east property line as shown on the attached site plan. A small portion of the new construction will cause a slight intrusion into the 10 ft. east side yard setback. The home faces south on land that has a substantial slope to the north in the rear of the property. The carport addition in the driveway is the only place on the property where it could be constructed. We believe that the severe slope of the land causes a hardship unique to this property that supports our variance request. Thank you for your consideration and if you need any additional information, please let me know. Sincerely r � Stephen R. 91i'les cc: (via email) Nick Thompson Patrick Anders April 30, 2018 There being no further business before the Board, the meeting was adjourned at 2:14 p.m. Date: Chairman Secretary