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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 >ATE:Oc.:m&u tcr, 1.ot�c.of-.J>!."'-r t1.(j.,�,..,�A- IIEMBER A ' J.. 3 4 < �LLISON, FRANK I' _,,,. lERTRAM, JAMES " (l, C ��� 1..,/ t1' 0� iRINDER, AUSTIN A \('\f,, � � � ·� �� t .INDSEY POLK, CAROLYN �qt1; �" ,1 ·-,�? I;,/ ,P, S/116/'J L i..-----� ----- 'IME IN AND TIME OUT \LLISON, FRANK /rJ;..L, lERTRAM, JAMES ,,.., iRINDER, AUSTIN �{" INDSEY POLK, CAROLYN 2:oo -· / AYE 0 NAVE A_ABSENT __!£_ABSTAIN /l�V/,A-/Z -b 7 � ✓ ./ ✓ ✓ -- 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