boa_10 29 2018LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
OCTOBER 29, 2018
2:00 P.M.
I.Roll Call and Finding of a Quorum
A Quorum was present being four (4) in number.
II.Approval of the Minutes of the Previous Meetings
The Minutes of the September 24, 2018 meeting were
approved.
Members Present: Frank Allison -Chairman
Carolyn Lindsey Polk, Vice Chair
Richard Bertram
Austin Grinder
Members Absent: Open Position
City Attorney Present: Sherri Latimer
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
OCTOBER 29, 2018
2:00 P.M.
I.NEW BUSINESS:
1.Z-9364 1801 N. Harrison Street
2.Z-9365 20 Waterside Drive
3.Z-9366 1212 E. 6th Street
4.Z-9367 21 Robinwood Drive
5.Z-9368 400 Gateway Loop
6.2019 Board of Adjustment Calendar
7.Proposed Amendment to Board of Adjustment Bylaws
II.OLD BUSINESS:
A.Z-9349 #1 Cherry Leaf Cove
OCTOBER 29, 2018
ITEM NO.: 1
File No.: Z-9364
Owner/Applicant: Christopher and Charlotte Gomlicker
Address: 1801 N. Harrison Street
Description: Northeast corner of N. Harrison Street and Cantrell Road
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section
36-156 to allow an accessory structure with reduced street
side setback and 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 1801 N. Harrison Street is occupied by a one
story brick single family residence. The property is located on the northeast corner
of N. Harrison Street and Cantrell Road. A small one-car wide garage is located
within the rear yard area, near the east (rear) property line. Access to the garage is
from an alley right-of-way which runs along the east (rear) property line. The
elevation of the property is approximately two (2) feet above the grade of Cantrell
Road.
The applicants propose to construct a new 24.2 foot by 27 foot garage within the
rear yard area, as noted on the attached site plan. The proposed garage structure
will be located eight (8) feet back from the rear (east) property line and 8.5 feet back
from the south street side property line. The proposed garage will be located
approximately 29 feet from the residence, and will cover approximately 39 percent
of the required rear yard area (rear 25 feet of the site). Access to the garage will
continue to be from the alley right-of way.
Section 36-156(a)(2)c. of the City's Zoning Ordinance requires that accessory
structures in residential zones be located at least 15 feet back from street side
property lines. This section also allows a maximum rear yard coverage of 30 percent
of the required rear yard area (rear 25 feet of the lot). Therefore, the applicant is
OCTOBER 29, 2018
ITEM NO.: 1 (CONT.) Z-9364
requesting variances from these ordinance requirements to allow the new accessory
garage structure.
Staff is supportive of the requested street side setback and rear yard coverage
variances. Staff views the request as reasonable. The proposed accessory garage
structure will not be out of character with other accessory structures located along
the alley right-of-way in this area. Access to the proposed garage will be from the
alley right-of-way, so the reduced street side setback should be sufficient.
Additionally, the proposed 39 percent rear yard coverage will be similar to other
accessory structures in this general area. The residential properties a short distance
to the south, within the Hillcrest DOD, are allowed 40 percent rear yard coverages
for accessory structures. Staff believes the proposed accessory garage structure
with decreased street side setback and increased rear yard coverage will have no
adverse impact on the adjacent properties or the general area.
C.Staff Recommendation:
Staff recommends approval of the requested street side setback and rear yard
coverage variances, as filed.
Board of Adjustment (October 29, 2018)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by staff, including all staff comments and conditions. The
vote was 4 ayes, 0 noes, 0 absent and 1 open position. 2
Christopher and Charlotte Gomlicker
1801 N. Harrison St., Little Rock, AR 72207
Telephone 501-680-3014 {cell)
e-mail: famgom@sbcglobal.net
Little Rock Board of Adjustment
RE: Application for a residential zoning variance/1801 N. Harrison St., Little Rock, AR 72207
To Whom It May Concern:
Please accept this letter in support of our request for a variance to the setback requirement.
Our intention is to construct a detached two-car garage (with entry and exit from the alley). The
footprint would require a variance of about 8.5 feet on the south side from the current setback
requirement.
We would ask that the Board consider that the garage on the footprint that we plan to
construct: (1) will reduce the burden and congestion of vehicles parked on the street in front of
our home (Harrison St.), which is already fairly narrow from so many vehicles parking on both
sides; (2) could increase safety on Harrison St., especially in the mornings and evenings as
people leave or return from work, as only one car can usually pass through where vehicles are
parked on both sides of the street; (3) allow us to park at our home as (unlike almost all the
others on our street) the street area directly in front of our home, since we have a corner lot, is
a city signed "No Parking" area for traffic safety; (4) will blend well with the other homes in the
neighborhood as many already have similar garages; (S) will allow us to preserve two extremely
large and beautiful Oak trees and a fairly large Pecan tree, by building to the south instead of
north or west; (6) will blend in visually in a low-key unobtrusive manner as it will not be any
closer to Cantrell than our home's southern-most south wall; (7) will increase safety for our
vehicles as they will be able to be parked inside a secure garage, instead of on the street (cars
being broken into has been an increasing problem lately); (8) will not infringe, encroach or
create any undue burden on any existing neighboring residence (it will actually reduce it); is in
step and consistent with the existing neighborhood; (9) would be an improvement to the
neighborhood and result in an overall increase in property value and tax base created by the
improvement; and, (10) will not negatively impact traffic safety on Cantrell as ingress and egress
to the garage will be via the alley behind our home (i.e. the garage door will face the alley).
We thank you in advance for your gracious consideration of the foregoing.
OCTOBER 29, 2018
ITEM NO.: 2
File No.: Z-9365
Owner: Chenal Valley Construction
Applicant: Joseph Miles, Chenal Valley Construction
Address: 20 Waterside Drive
Description: Southwest corner of Waterside Drive and Ironwood Drive
Zoned: R-2
Variance Requested: A variance is requested from the building line provisions of
Section 31-12 to allow a residence which crosses a street
side platted building line.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A.Public Works Issues:
No Comments.
B.Staff Analysis:
The R-2 zoned property located at 20 Waterside Drive is occupied by a two-story
brick and frame single family residence which was recently constructed. The
property is located at the southwest corner of Waterside Drive and Ironwood Drive.
A two-car wide driveway is located near the northeast corner of the lot and serves a
garage at the front corner of the house. The lot contains a 25 foot platted building
line along the front (east) and street side (north) property lines. The house which
was recently constructed encroaches across the north street side platted building
line by approximately two (2) feet. The resulting setback from the north street side
property line ranges from 23.01 to 23.11 feet. The applicant notes that a mistake
was made when the footing was laid out, with the mistake not being realized until a
survey was completed after the residence was constructed. All other building
setbacks comply with ordinance standards.
Section 31.12(b) of the subdivision Ordinance requires that building line
encroachments be reviewed and approved by the Board of Adjustment. Therefore,
the applicant is requesting a variance from this ordinance standard to allow the new
residence which crosses a street side platted building line.
OCTOBER 29, 2018
ITEM NO.: 2 (CONT.) Z-9365
Staff is supportive of the requested platted building line encroachment. Staff views
the request as reasonable. A mistake was made when the footings for the home
were laid out, resulting in a very minor encroachment (7.9 percent) across the street
side platted building line. The minor encroachment should have no adverse impact
on the adjacent properties or the general area.
If the Board approves the building line variance, the applicant will have to complete
a one-lot replat reflecting the change in the platted street side building line for the
new residence. The applicant should review the filing procedure with the Circuit
Clerk's office to determine if the replat requires a revised Bill of Assurance.
C.Staff Recommendation:
Staff recommends approval of the requested building line variance, subject to the
completion of a one-lot replat reflecting the change in the street side platted building
line as approved by the Board.
Board of Adjustment (October 29, 2018)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by staff, including all staff comments and conditions. The
vote was 4 ayes, 0 noes, 0 absent and 1 open position. 2
Chenal Valley Construction
16600 Pride Valley Road
Little Rock, AR 72223
501-821-8800
September 21, 1918
City of Little Rock
Zoning Variance Board
Little Rock, AR
Dear Board Members,
We are requesting a zoning variance for 20 Waterside Drive, Little Rock, AR
72223. We encroached on the 25' setback on the Ironwood Drive side of the
house. The encroachment is approximately 2'. The footing was laid out
incorrectly and the mistake was not realized until the survey was done after
construction was complete .. It is not financially feasible to move the house.
Thank you for your time,
}e_ Joseph Miles
Chenal Valley Construction
OCTOBER 29, 2018
ITEM NO.: 3
File No.: Z-9366
Owner: 1212 East Sixth St. LLC
Applicant: Dan Fowler, Cromwell Architects Engineers
Address: 1212 E. 6th Street
Description: North side of E. 6th Street, between Shall Avenue and McLean
Street
Zoned: UU
Variance Requested: Variances are requested from the use provisions of Section
36-342.1 to allow outdoor recreational uses and outdoor
restaurant seating to exceed 50 percent of the number of
indoor seats.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Retail/Restaurant/Parking
Proposed Use of Property: Same with outdoor dining and recreation
STAFF REPORT
A.Public Works Issues:
No Comments.
B.Landscape and Buffer Issues:
1.Site plan must comply with the City's minimal landscape/buffer ordinance
requirements.
2.Any exiting landscape or irrigation disturbed by construction shall be repaired or
replaced before completion and final acceptance of the project.
C.Staff Analysis:
The UU zoned property at 1212 E. 5th Street is occupied by a commercial building
which was recently redeveloped. The portion of the building along E. 6th Street was
retained and remodeled as a restaurant space and a second tenant space. The
loading dock along the west side of the building was also retained and is proposed
for outdoor restaurant seating. Another small portion of the building (northwest
corner) was also retained and is utilized in conjunction with the restaurant use. The
OCTOBER 29, 2018
ITEM NO.: 3 (CONT.) Z-9366
north 75 percent of the building was removed and a new parking lot was developed
within this area.
The applicant proposes to utilize the existing dock area and the yard area along the
west side of the building for outdoor restaurant seating. The applicant also proposes
to use this yard area for an outdoor recreation space. The applicant anticipates the
indoor seating for the restaurant to be between 60 and 75 seats, and the outdoor
seating, including the loading dock to be between 50 and 125 seats. The applicant
proposes to offer outdoor recreation activities such as Corn Hole, Giant Jenga,
Connect Four, Washer Toss, etc. The applicant will also have live music within the
outdoor recreation area.
Section 36-342.1 (d)(1) of the City's Zoning Ordinance requires that all uses be inside
or enclosed in the UU zoning district, except for outdoor seating areas, roof-top
recreation areas, recreation areas for hotels and residences, and mobile canteen
units. Section 36-342.1 (d)(1 )a.2. requires that the number of seats within an outdoor
seating area not exceed fifty (50) percent of the number of seats inside a restaurant.
Therefore, the applicant is requesting variances from these ordinance requirements
to allow the outdoor recreational use within the UU zoning district and to allow the
restaurant to have outdoor restaurant seating which exceeds fifty (50) percent of the
interior seating.
Staff is supportive of the requested variances. Staff views the request as
reasonable. A railroad right-of-way is located along the west side of the proposed
outdoor use/seating area, with the estem school campus to the north. In staff's
opinion the proposed outdoor recreation/seating area will be a quality addition to the
East Village revitalilzation project. Staff believes the outdoor recreation/seating area
will have no adverse impact on the adjacent properties or the general area.
D.Staff Recommendation:
Staff recommends approval of the requested outdoor use and seating variances,
subject to compliance with the Landscape and Buffer requirements as noted in
paragraph B. of the staff report.
Board of Adjustment (October 29, 2018)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by staff, including all staff comments and conditions. The
vote was 4 ayes, 0 noes, 0 absent and 1 open position. 2
September 25, 2018
Mr. Monte Moore
Zoning Administrator
Department of Planning and Development
723 West Markham
Little Rock, Arkansas 72201
RE: 1212 East 6th Street, Application for a Non-residential Zoning Variance
Dear Monte,
Please find enclosed our application for a Non-resi.dential Zoning Variance. We are converting
the existing structure into a mixed use facility that includes an on-site outdoor dining and
recreation space and an indoor food and beverage operation. We propose a redevelopment
of 1212 East 6th Street, formally known as the Bike Shop, which is consistent in principle with the
work that has been done developing downtown Little Rock and the revitalization of the East
Village. This work is guided by two fundamental concepts: community purpose and
neighborhood revitalization. This request addresses two issues that limit the planned use
of 1212 East 6th Street.
The strict application of provisions d ( 1 ) a .2 and d ( 1) of Section 36-342.1 of the Zoning
Ordinance would result in practical difficulties or unnecessary hardship of the general purpose
and intent of the Zoning Ordinance of the City of Little Rock. The occupant, the Rail Yard,
plans to use the property as a restaurant with indoor and outdoor dining space featuring
occasional food trucks and recreational activities to be held in the outdoor area adjacent to
the restaurant/tavern. Specifically, The Rail Yard anticipates indoor seating to be between 60-
7 5 people and outdoor seating, including the loading dock, to be between 50-125 people.
The Rail Yard also plans to offer outdoor activities such as Corn Hole, Giant Jenga, Connect
Four, and Washer Toss among others. The Rail Yard plans to regularly feature live music. These
will be small groups of 1-3 members as background entertainment.
With the successful approvals of the City and state requirements, the Rail Yard hopes to begin
operating as an 'urban beer garden' on October 25, 2018.
Please do not hesitate to contact us with any questions or concerns about the project
development.
Thank you,
Dan Fowler
OCTOBER 29, 2018
ITEM NO.: 4
File No.: Z-9367
Owner: Brent Scott West and Tina Roach West
Applicant: Janice Clayton, First National Title Co.
Address: 21 Robinwood Drive
Description: North side of Robinwood Drive (Cantrell Road) at Misty Lane
Zoned: R-2
Variance Requested: A variance is requested from the easement provisions of
Section 36-11 to allow an existing swimming pool to remain in
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
A.Public Works Issues:
No Comments
B.Utility Issues:
•AT&T-Approves encroachment request.
• Centerpoint Energy -not aware of any gas facilities in the easement, and no plans
to utilize that specific portion of the easement in the future.
• Central Arkansas Water -Approves with no comments.
• Entergy -No facilities in easement and no future need for the easement.
• Little Rock Water Reclamation Authority -LRWRA will not require the pool to be
moved. The sewer main was successfully rehabilitated in 2016, therefore no further
replacement should be required for at least the theoretical 50-year design life of the
pipe.
C.Staff Analysis:
The R-2 zoned property at 21 Robinwood Drive is occupied by a two-story brick and
frame single family residence. The property is located on the north side of
Robinwood Drive (Cantrell Road) at Misty Lane. A circular driveway from
Robinwood Drive serves as vehicular access to the property and serves a garage at
the north end of the residence. The lot contains a 35 foot platted front building line.
OCTOBER 29, 2018
ITEM NO.: 4 (CONT.) Z-9367
An eight (8) foot wide utility easement runs north/south through the center of the rear
yard area. A swimming pool is located in the rear yard area and has existed on the
site for several years. The south portion of the pool extends into and across the
utility easement. The easement encroachment was recently "flagged" by a title
company with the sale of the property.
Section 36-11 (f) of the City's Zoning Ordinance requires that variances for building
encroachments into easements be reviewed and approved by the Board of
Adjustment. Therefore, the applicant is requesting a variance to allow a portion of
the swimming pool to encroach into the utility easement.
Staff is supportive of the requested easement encroachment. Staff views the
request as reasonable. All of the public utility companies, as well as Public Works,
approve the utility easement encroachment. A relatively small portion
(approximately 130 square feet) of the pool encroaches into and across the existing
utility easement. The pool has existed for several years on the property, which backs
up to a rather wide wooded drainage area. The proposed pool encroachment should
have no adverse impact on the adjacent properties or the general area.
D.Staff Recommendation:
Staff recommends approval of the requested easement encroachment, as filed.
Board of Adjustment (October 29, 2018)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by staff, including all staff comments and conditions. The
vote was 4 ayes, 0 noes, 0 absent and 1 open position.
2
415 N. McKinley Street, Suite 1200
Little Rock, AR 72205
Tel 501-221-0101
Fax 501-221-2392
September 25, 2018
Department of Planning and Development
723 West Markham
Little Rock, AR 72201
Re: Variance Request
21 Robinwood Dr.
Little Rock, AR 72227
To Whom It May Concern:
In connection with subject property, please find enclosed the following:
1.Application for Zoning Variance
2.Six (6) copies of Survey dated August 22, 2018
3.Copies of approvals from the following the following utility services:
1) Central Arkansas Water
2) Little Rock Water Reclamation Authority
3) City of Little Rock Public Works
4) CenterPoint Energy
5) Entergy
6)AT&T
Please consider this Application Residential Zoning Variance in order to avoid future exceptions to the title of
subject property, which may result in failure of the Owner and subequent Owners' sale of this property.
Yours truly,
Janice Clayton
Escrow Officer
/jc
Encs .
Janice Clayton
Letter -Misc. Remittance 101-182984-JC
OCTOBER 29, 2018
ITEM NO.: 5
File No.: Z-9368
Owner: Riverbikes of Arkansas
Applicant: John McMorran, Lewis Architects Engineers
Address: 400 Gateway/ Grove Loop
Description: North side of Gateway Grove Loop, north of Bass Pro Parkway
Zoned: C-4
Variance Requested: Variances are requested from the building height provisions
of Section 36-302, the buffer provisions of Section 36-522 and
the sign provisions of Section 36-557 to allow a new
development with increased building height, reduced land use
buffer, and wall signage without direct street frontage.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Undeveloped
Proposed Use of Property: Motorcycle Dealership
STAFF REPORT
A.Public Works Issues:
No Comments.
B.Landscape and Buffer Issues:
1.Site plan must comply with the City's minimal landscape/buffer ordinance
requirements.
2.A land use buffer six (6) percent of the average width/depth of the lot will be
required when an adjacent property has a dissimilar use of a more restrictive
nature. A portion of the neighboring property to the north is zoned R-2. The
approximate depth of the lot is 400 feet requiring a minimum twenty-four (24) foot
buffer. As a component of all land use buffer requirements, opaque screening,
whether a fence or other device, a minimum of six (6) feet in height shall be
required upon the property line side of the buffer. A minimum of seventy (70)
percent of the land use buffer shall be undisturbed. Easements cannot count
toward fulfilling this requirement. The plantings, existing and purposed, shall be
provided within the landscape ordinance of the city, Section 15-102. An
evergreen screen or opaque fence will need to be placed along this west property
line.
OCTOBER 29, 2018
ITEM NO.: 5 {CONT.) Z-9368
C.Staff Analysis:
The C-4 zoned property at 400 Gateway Gove Lop is currently undeveloped. The
property is located at the north end of Gateway Grove Loop, north of Bass Pro
Parkway. Interstate 430 right-of-way is located along the property's east boundary.
The site consists of 5.50 acres.
The applicant proposes to develop the site for a Harley Davidson dealership. A new
two-story brick building will be constructed near the center of the site, with paved
parking on the building's north, south and east sides. A paved motorcycle training
area will be located on the west side of the building. Two (2) access drives from
Gateway Grove Loop will serve the development. An architectural tower/entry
feature will be located on the front (south) building fagade. A decorative water tower
feature will be located on the roof of the building, at its northeast corner. The overall
building will have a height of 30 feet, with the entry tower feature having a height of
40 feet. The water tower feature will have a height of 49 feet to the peak of the
tower. The applicant is proposing wall signage on the south, east and west sides of
the entry tower feature, as well as the front (south) and street side (east) building
facades. The applicant is also requesting wall signage on the east and west sides
of the water tower feature. A ground-mounted sign will be located at the northeast
corner of the site. The applicant is requesting three (3) variances with the proposed
development.
The first variance is from the building height provisions of Section 36-302(d) of the
City's Zoning Ordinance. This section allows a maximum building height of 35 feet.
The overall building will have a height of 30 feet. The entry tower feature will have
a height of 40 feet, and the water tower feature will have a height of 49 feet to the
peaks of the tower.
The second variance is from Section 36-522(b)(3)a., which requires a minimum land
use buffer width of 24 feet along the portion of the north property line which abuts
R-2 zoned property. The applicant proposes to reduce a portion of the land use
buffer to 15 feet. This would apply to a length of 180 feet of the 355 feet of property
line which abuts the R-2 zoning.
The final variance is from the sign provisions of Section36-557(a). This section
requires that all wall signage be located on the sides of buildings which have street
frontage. The applicant is proposing wall signage on the front (south) fagade, street
side (east) fagade and the west fagade of the building, and the east and west
facades of the water tower feature. The south and east facades have street
frontage, but the west fagade does not. The signage on the west fagade consists of
a wall sign on the tower/entry feature and a wall sign on the water tower feature.
The applicant is allowed to utilize up to 10 percent of the south and east fagade area
for wall signage. The applicant notes that the proposed wall signage on the south
fagade and the wall signage on the west fagade equals approximately 6.5 percent
of the south fagade area. Therefore, the applicant is proposing to transfer a portion 2
OCTOBER 29, 2018
ITEM NO.: 5 (CONT.) Z-9368
of the allowed wall sign area from the front (south) fagade to the west fagade. The
wall si.gnage on the east fagade will not exceed 10 percent of the fagade area.
Staff is supportive of the requested building height, buffer and wall sign variances.
Staff views the request as reasonable. The proposed building height will not be out
of character with this commercial area. Other height variances have been granted
by the Board of Adjustment within this subdivision; hotel and theater to the west.
Additionally, the reduced buffer along the north property line is adjacent to floodway
property that may never be developed. With respect to the wall sign variance, staff
has viewed wall signage "trade-offs" (moving wall signage from a street fronting
fagade to a non-street fronting fagade) as acceptable in many past instances. Staff
believes that the proposed development will be a quality addition to the Gateway
Town Center Subdivision, and that the requested variances are very minor in nature
and should have no adverse impact on the adjacent properties or the general area.
D.Staff Recommendation:
Staff recommends approval of the requested building height, buffer and sign
variances, subject to the following conditions:
(1)Compliance with the Landscape and Buffer requirements as noted in
paragraph B. of the staff report.
(2)No additional wall signage will be allowed on the front (south) building
fagade, beyond what is proposed with this application.
Board of Adjustment (October 29, 2018)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by staff, including all staff comments and conditions. The
vote was 4 ayes, 0 noes, 0 absent and 1 open position.
3
LEWIS l9 ELLIOTT • MCMORRAN • VADEN
ARCHITECTS RAGSDALE• WOODWARD• INCORPORATED
ENGINEERS 501.223 9302 • FAX501.223.9909 • WWW LEMVAW COM
September 25, 2018
Monty Moore
Department of Planning & Development
Board of Adjustment
723 W. Markham, 2nd Floor
Little Rock, AR 72201
Re: Harley-Davidson Project
Dear Mr. Moore.
We are involved in the new Harley Davison Project located in the Gateway Center Development
near the Outlet Mall. The facility has frontage along Gateway Grove Loop as well as Interstate
430.
The owner requests a variance to the 35'-0" height limitation called for in the C-4 Zone (Section
36-555.2). The facility has an entrance tower of 40' -0" in height located on the south elevation
of the facility along with a decorative "water tower" on the southeast corner of the building.
The adjustment request is due to the nature of the site and the elevated off ramp from 1-430
located along the east property line. Requests are to allow the entrance tower to be 40'-0" and
the decorative element to be 49'-0".
The other item involves the rear buffer requirement where the adjacent property to the north
is zoned residential (Section 36-522). The minimum buffer requirement for this portion of the
site is 24'. The request for variance applies to a length of 180' of the 355' property line adjacent
to the R zone which is heavily wooded and in the floodway. We are needing a reduction to 15'
for a portion of this section due to the curve shape of the site's south edge and the need for
employee parking to be located behind the building.
In addition to the items listed above, the owner is requesting a signage variance:
The sign age request is to allow a sign on an elevation without street frontage. The entry tower
is located just east of center along the south elevation of the building. Due to the approach
along the curve of Gateway Grove Loop, the tower is three sided and is designed to hold a
Harley Davidson bar and shield sign on each face. The aggregate of the three tower signs and
the remaining south elevation sign age is approximately 6.5% of the south elevation which is
well below the 10% max allowed. Specific to the west elevation where the variance is
requested, the west tower elevation Sign is 2% of the west elevation.
Thank you for your consideration of the requests. Feel free to call me if you have any questions.
John
John McMorran, AIA LEED BD+C
JM/ag
Adopted: October 29, 2018
BOARD OF ADJUSTMENT
CALENDAR OF MEETING DATES
2019
FILING DATE NOTICE DEADLINE MEETING DATE
10-30-18 11-30-18 12-10-18
12-11-18 01-18-19 01-28-19
01-29-19 02-15-19 02-25-19
02-26-19 03-15-19 03-25-19
03-26-19 04-19-19 04-29-19
04-22-19 05-10-19 05-20-19
05-21-19 06-14-19 06-24-19
06-25-19 07-19-19 07-29-19
07-30-19 08-16-19 08-26-19
08-27-19 09-20-19 09-30-19
10-01-19 10-18-19 10-28-19
10-29-19 11-29-19 12-09-19
12-10-19 01-17-20 01-27-20
NOTE: (1)All Board meetings to be held at 2:00 P.M. unless otherwise changed by
the Board. (City Hall, Board Room)
(2)Agenda meeting to be held at 1 :30 P.M. in the Sister Cities Conference
Room on meeting date.
NOTICE: AN INTERPRETER WILL BE PROVIDED FOR THE HEARING IMPAIRED
UPON REQUEST. REQUEST SHOULD BE MADE TO THE DEPARTMENT
OF PLANNING AND DEVELOPMENT AT LEAST TWO WORKING DAYS
PRIOR TO THE SCHEDULED MEETING DATE.
OCTOBER 29, 2018
ITEM NO.: 7
Issue: Proposed amendment to the Little Rock Board of Adjustment Bylaws
Article XI, Order of Business at Regular Meetings
Staff Report:
Article XI, Order of Business at Regular Meetings, of the Little Rock Board of Adjustment
Bylaws currently reads as follows:
ARTICLE XI.
Order of Business at Regular Meetings
Section 1. The order of business at all regular meetings of the Board shall be as follows:
(a)Roll Call
(b)Approval of Minutes of Previous Meeting
(c)Report of Committees
(d)New Business
(e)Unfinished Business
(f)Adjourn
Traditionally, staff has arranged the agenda by presenting "Unfinished Business"
(deferred items) ahead of "New Business". More recently staff has changed the term
"Unfinished Business" to "Old Business". It was recently brought to staff's attention by
the City Attorney's counsel to the Board of Adjustment that the Bylaws needed to be
amended to continue with this past procedure. Therefore, staff is proposing to amend
the Board of Adjustment Bylaws by changing the term "Unfinished Business" to "Old
Business", and rearranging the order of business as follows:
ARTICLE XI.
Order of Business at Regular Meetings
Section 1. The order of business at all regular meetings of the Board shall be as follows:
(a)Roll Call
(b)Approval of Minutes of Previous Meeting
(c)Old Business
(d)New Business
(e)Report of Committees
(f)Adjourn
According to the Little Rock Board of Adjustment Bylaws Article XI I, Amendments, the
bylaws may be amended as follows:
OCTOBER 29, 2018
ITEM NO.: 7 (CONT.)
ARTICLE XII.
Amendments
Section 1. These rules may be amended or modified by an affirmative vote of not less
than three (3) members of the Board, provided that such amendment be presented in
writing at a regular meeting and action taken thereon at a subsequent regular meeting.
Staff presented the proposed bylaw amendments at the September 24, 2018 Board of
Adjustment regular meeting for the Board to review and consider. The proposed bylaw
amendments are now on the Board's October 29, 2018 regular meeting agenda for
official Board action.
Staff Recommendation:
Staff recommends approval of the proposed amendments to the Little Rock Board of
Adjustment Bylaws, as presented. 2
OCTOBER 29, 2018
ITEM NO.: 7
The proposed bylaw amendment was presented by staff. There was no further
discussion. A motion was made to approve the bylaw amendment as presented. The
motion passed by a vote of 4 ayes, 0 noes, o absent and 1 open position.
OCTOBER 29, 2018
ITEM NO.: A
File No.: Z-9349
Owner: Robert and Meredith Terrell
Applicant: Robert W. Terrell Ill
Address: 1 Cherry Leaf Cove
Description: Southeast corner of Cherry Leaf Cove and Cherry Laurel Drive
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.The Public Works will not maintain any drainage easements where access is
restricted by fencing. Section 29-127 of the City of Little Rock Code of
Ordinances prohibits obstruction of drainage easements.
B.Staff Analysis:
The R-2 zoned property located at 1 Cherry Leaf Cove is occupied by a two-story
brick and frame single-family residence. The property is located at the southeast
corner of Cherry Leaf Cove and Cherry Laurel Drive. A two-car wide driveway from
Cherry Leaf Cove is located near the northwest corner of the residential lot. The
residential lot contains a 25 foot platted building line along the north and west
property lines. The rear yard area is currently enclosed with a six (6) foot high wood
fence.
The applicant proposes to install new fencing on the site, as noted on the attached
site plan. New six (6) foot high wood fencing is proposed extending from the south
side of the residence, along the south property line to the southeast corner of the lot.
An eight (8) foot high wood fence is proposed along the east side property line,
extending across the 25 foot platted building line by approximately 17 feet. Six (6)
foot high wood fencing is proposed within the north yard area, located between the
OCTOBER 29, 2018
ITEM NO.: A (CON'T.) Z-9349
25 foot platted building line and the north property line. The fence will tie into the
north end of the residence.
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 a front (street fronting) property
line and front building setback line on R-2 zoned property. Fences with a maximum
height of six (6) feet are allowed elsewhere on residential lots. Therefore, the
applicant is requesting a variance to allow the eight (8) foot high wood fence along
the west property line, extending across the 25 foot platted building line, and the six
(6)foot high wood fence between the 25 foot platted building line and the north
(street fronting) property line.
Staff is not supportive of the requested fence height variance. Staff does not view
the request as reasonable. Staff's objection is to the proposed fencing which
extends across the 25 foot platted building line, located between the platted building
line and the north (Cherry Laurel Drive) property line. The proposed fence would be
out of character with the residential lots in this area. The lots to the east and west
along Cherry Laurel Drive have front yards which front the street. The proposed
fence extending out into this yard space would not be consistent with fences in the
immediate area. Staff has no issues with the proposed fencing located behind the
25 foot platted building line.
C.Staff Recommendation:
Staff recommends denial of the requested fence height variance.
Board of Adjustment (August 27, 2018)
Robert Terrell was present, representing the application. There were no objectors
present. Staff presented the application with a recommendation of denial. Staff noted
that three (3) letters of opposition had been received.
Robert Terrell addressed the Board in support of the application. He presented a photo
of the property to the Board. He explained that a taller fence was needed for
safety/security and privacy issues due to the slope of the property. He explained that
because of the slope, there is a line of sight into the rear yard area.
There was a brief discussion regarding the requirements for residential fences. Vice
Chair Lindsey Polk asked Mr. Terrell if he would consider having the eight (8) foot fence
section tie into the northeast corner of the house instead of extending across the platted
building line. He indicated that he might consider other options for the proposed fence
within the north yard area. He requested that the application be deferred to the October
29, 2018 agenda to give him time to· consider an amendment to the application and
present it to staff. There was a motion to defer the application to the October 29, 2018
agenda. The motion passed by a vote of 5 ayes, 0 noes and O absent. The application
was deferred. 2
OCTOBER 29, 2018
ITEM NO.: A (CONT.) Z-9349
Staff Update:
On October 9, 2018 the applicant submitted a revised site plan to staff. The applicant
has eliminated all of the proposed fencing which crosses the 25 foot platted building
line; between the building line and Cherry Laurel Drive. The applicant now proposes
that the eight (8) foot high wood fence along the east side property line turn and run
along the 25 foot platted building line and tie into the northeast corner of the house.
Staff supports the revised application. Staff views the request as reasonable. The
proposed eight (8) foot high wood fence will not be out of character with other fence
locations in the neighborhood. The proposed eight (8) foot high wood fence should
have no adverse impact on the adjacent properties or the general area.
Revised Staff Recommendation:
Staff recommends approval of the revised fence variance, as filed.
Board of Adjustment (October 29, 2018)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by staff, including all staff comments and conditions. The
vote was 4 ayes, 0 noes, 0 absent and 1 open position.
3
To The Little Rock Board of Adjustment
I, Robert W. Terrell Ill, am hereby requesting for a variance from the established fence height regulation
that is currently instated. My property lies at the bottom of a hill as you are driving down Cherry Laurel
drive. Due to this significant slope there is a direct line of sight down into where my children play, and I
fear this is a security risk. As a member of the United States Army one of my greatest fears is the safety
of my children and family while I am serving. It is well known that the enemies of this great nation have
no respect for human life and will inflict damage anyway they can to hurt our efforts. My proposal is to
raise the highlighted area of back border fence to 8 feet in height and provide an additional layer of
security to my family.
I appreciate your consideration in this matter.
Very Respectfully,
Robert W. Terrell Ill
BOARD OF ADJUSTMENT VOTE RECORD
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Meeting Adjourned 2: �"P.M.
OCTOBER 29, 2018
There being no further business before the Board, the meeting was adjourned at 2:06
p.m.
Date:
Chairman Secretary