boa_12 10 2018LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
DECEMBER 10, 2018
2:00 P.M.
Roll Call and Finding of a Quorum
A Quorum was present being three (3) in number.
Approval of the Minutes of the Previous Meetings
The Minutes of the October 29, 2018 meeting were
approved.
Members Present: Frank Allison - Chairman
Carolyn Lindsey Polk, Vice Chair
Austin Grinder
Members Absent: Richard Bertram
Open Position
City Attorney Present: Sherri Latimer
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
DECEMBER 10, 2018
2:00 P.M.
OLD BUSINESS:
No Old Business
NEW BUSINESS:
1. Z-8184-B 17846 Colonel Glenn Road
2. Z-8257-B 5701 Kavanaugh Blvd.
3. Z-8920-A 1824 N. Jackson Street
4. Z-9374 11410 Rodney Parham Road
5. Z-9375 Southwest corner of Mabelvale Drive and Mabelvale Circle
6. Z-9376 1809 N. Monroe Street
DECEMBER 10, 2018
ITEM NO.: 1
File No.: Z-8184-B
Owner /Applicant: Hector Hortelano
Address: 17846 Colonel Glenn Road
Description: Northwest corner of Colonel Glenn Road and Winsome Drive
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section
36 -156 to allow an accessory structure which exceeds the
area of the principal structure.
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. No Comments.
Public Works Issues:
B. Staff Analysis:
The R -2 zoned property located at 17846 Colonel Glenn Road is occupied by a 16
foot by 56 foot manufactured home. The property is located at the northwest corner
of Colonel Glenn Road and Winsome Drive. The property consists of two (2)
separate parcels (real estate records), but is considered one (1) zoning lot as per
the City's Zoning Ordinance definition. There is a gravel driveway from Colonel
Glenn Road which serves as access to the residence. The property is located out
of the Little Rock City limits, but within the City's extraterritorial zoning jurisdiction.
On March 26, 2007 the Board of Adjustment granted a variance from Section 36-
156(a)(2) of the City's Zoning Ordinance to allow construction of a 40 foot by 50 foot
metal accessory building on the property, as noted on the attached site plan. The
proposed accessory building was to be located over 90 feet back from the front
(south) property line. The accessory building was proposed to serve as storage for
the existing residence and will aid in storing materials and tools when the applicants
construct a new home on the lot in the future. The previous Board of Adjustment
approval expired after two (2) years since the applicant did not begin construction of
the accessory building.
DECEMBER 10, 2018
ITEM NO.: 1 Z-8184-B
On July 26, 2010 the Board of Adjustment approved the same variance with the
same conditions as approved on March 26, 2007. That approval expired after two
(2) years as the applicant was not yet ready to proceed with the construction.
Therefore, the applicant is back before the Board of Adjustment asking that the
variance be again approved. Some site work recently took place on the site where
the accessory building is proposed.
Section 36-156(a)(2)c. of the City's Zoning Ordinance requires that accessory
buildings or structures be subordinate to the principal structure on the lot and contain
less gross floor area. Therefore, the applicant is requesting a variance to allow the
2,000 square foot accessory structure on the lot with an 896 square foot principal
structure. The proposed accessory structure meets /exceeds all other setback
requirements.
Staff is supportive of the requested variance. Staff views the request as reasonable,
as the proposed metal storage building /garage will not be out of character with the
general area. There are numerous large storage buildings, barns, etc. in this general
area along Colonel Glenn Road. The proposed structure and residence represent
a very minimal coverage of this two (2) acre property. As noted in the applicants'
letter, there are plans to construct a larger single family home in the future. Staff
believes the proposed accessory structure will have no adverse impact on the
adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested accessory structure variance, subject
to the following conditions:
1. The accessory structure will be for the use of persons residing in the principal
structure only. It cannot be rented out, or used as a dwelling or in conjunction
with a business.
2. The accessory structure must be located at least 90 feet back from the front
(south) property line to allow for future right-of-way dedication.
Board of Adjustment
(December 10, 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 3 ayes, 0 noes, 1 absent and 1 open position.
2
DECEMBER 10, 2018
ITEM NO.: 2
File No.: Z-8257-B
Owner: 5701 Kavanaugh LLC
Applicant: HRand DuValian
Address: 5701 Kavanaugh Blvd.
Description: Southwest corner of Kavanaugh Blvd. and Fillmore Street
Zoned: C-3
Variance Requested: Variances are requested from the height and area provisions
of Section 36 -301 and the parking provisions of Section 36-
502 to allow construction of a new building with increased
building height, decreased building setbacks and a reduced
number of off - street parking spaces.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Lot
Proposed Use of Property: Retail/Office/Residential
STAFF REPORT
A. Public Works Issues:
1. Public Works staff has no comments in respect to the variances to Chapter 36 of
the Code of Ordinances.
2. Garbage access is proposed on N Fillmore Street with an attendant loading zone.
Staff recommends relocation of garbage collection facilities to an area abutting
the alley on the southern side of the property. Contact Greg Simmons with Traffic
Engineering (501- 379 -1813) for information on how to obtain a loading zone
permit. Permission must be obtained prior to Public Works approval of the
building permit.
3. The alley apron servicing the south side of the property appears to be in poor
condition and may not currently conform to ADAAG. Public Works staff may
request reconstruction of the alley apron as a condition of approval of the building
permit.
4. Access ramps for the disabled built in conformance with ADAAG and Public
Works design standards must be provided at the intersection of Kavanaugh Blvd.
and N Fillmore St. prior to approval of the certificate of occupancy.
5. Any shrubs or landscaping proposed within the 50 foot sight triangle at the
intersection of Kavanaugh Blvd. and N Fillmore St. must be maintained below a
DECEMBER 10, 2018
ITEM NO.: 2 (CON'T. Z-8257-B
height of 30 inches. Location of landscaping or other private improvements within
the public right of way may require a franchise agreement with the Public Works
prior to approval of the certificate of occupancy.
6. All private improvements within the right of way, such as building overhangs,
may only be permitted with a franchise agreement. Contact Bennie Nicolo with
Public Works for more information on how to obtain a franchise agreement.
7. Additional comments may follow prior to Public Works approval of a building
permit for the proposed project.
B. Landscape and Buffer Issues:
1. Site plan must comply with the Little Rock Zoning Ordinance and the City's
minimal landscape and buffer ordinance requirements.
2. A franchise agreement must be obtained from Little Rock Public Works to place
any landscape materials in the public right-of-way.
3. A perimeter planting strip is required along any side of a vehicular use area that
abuts adjoining property or the right-of-way of any street. This strip shall be at
least nine (9) feet wide. The property is located in the City's designated mature
area. A twenty-five (25 %) percent reduction of the buffer requirements is
acceptable. The minimum dimension of the perimeter planting strip shall be six
(6) feet nine (9) inches. One (1) tree and three (3) shrubs or vines shall be
planted for every thirty (30) linear feet of perimeter planting strip.
A City Beautiful Commission variance may be required to eliminate the planting
strip adjacent to the parking and the west property lines.
4. Building landscape areas shall be provided between the vehicular use area
used for public parking and the general vicinity of the building. These shall be
provided at the rate equivalent to planter strip three (3) feet wide along the
vehicular use area. One (1) tree and four (4) shrubs shall be planted in the
building landscape areas for each forty (40) linear feet of vehicular use area
abutting the building.
A City Beautiful Commission variance may be required to eliminate the required
building landscape area.
5. All ground or roof mounted mechanical systems shall be screened from
abutting properties and streets.
6. The City Beautiful Commission recommends preserving as many existing trees
as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
2
DECEMBER 10, 2018
ITEM NO.: 2 (CON'T.) Z-8257-B
C. Staff Analysis:
The C-3 zoned property located at 5701 Kavanaugh Blvd. is currently undeveloped.
The property is located at the southwest corner of Kavanaugh Blvd. and N. Fillmore
Street. A two -story commercial building which previously existed on the site has
recently been removed. A 20 foot wide paved alley right-of-way is located along the
rear (south) property line. The property is comprised of two (2) lots, Lots 1 and 2,
Block 6, Mountain Park Addition. The overall property is 50 feet wide by 140 feet
deep (7,000 square feet).
The applicant proposes to construct a new four (4) story mixed use building on the
property, as noted on the attached site plan. The proposed building will be
constructed with zero setbacks from all property lines. Balcony portions of the
building will extend across the north and east property lines, into the Kavanaugh
Blvd. and N. Fillmore rights-of-way. Five (5) parking spaces will be located at the
rear of the property under the upper floors of the building. The proposed four (4)
story building will have an overall height of 52 feet. The applicant provided the
following information with respect to building area and use of each floor:
• First Floor: An approximately 4200 s.f. area will be for retail use facing
Kavanaugh Blvd. and Fillmore St. This lease space may be either restaurant
or retail sales space that may change over time. It is envisioned that a small
outdoor dining area will be included as part of the overall 4200 s.f. area. Five
(5) parking spaces (under the upper floors of the building) would be provided
and accessed off the alley for building tenants.
• Second Floor: An approximately 6250 s.f. Dental Office practice for a well
respected local dentist would be relocated to this floor and patients would
access the practice via a stair and elevator lobby on Kavanaugh Blvd.
• Third and Fourth Floors: The combined enclosed space on the two floors of
8850 s.f. would be for approximately five (5) high end Condominium units.
The fourth floor enclosed area would be set back from the building edge (not
extending out to the property line) to create large terraces for the residences.
This will reduce the building bulk up against the adjacent streets.
The applicant is requesting several variances with the proposed project. The first
variance is from the area provisions of Section 36-301(e)(1),(2) and (3) of the City's
Zoning Ordinance. This section requires a minimum front (north) setback of 25 feet,
a minimum street side (east) setback of 25 feet and a minimum rear (south) setback
of 25 feet. As noted previously, the proposed building will have zero setbacks from
all property lines, with balcony portions extending into the Kavanaugh Blvd. and N.
Fillmore Street rights -of -way.
The second variance is from the building height provisions of Section 36-301(d).
This section allows a maximum building height of 35 feet. The applicant is
requesting an overall building height of 52 feet.
DECEMBER 10, 2018
ITEM NO.: 2 (CON'T.) Z-8257-B
The final variance is from the parking provisions of Section 36-502. This section
requires 42 off-street parking spaces for the first floor if the use is restaurant and 14
spaces if the use is retail. Six (6) parking spaces is required for each dentist
occupying the second floor. The number of dentists for the dental office is not
known. The condo units require seven (7) parking spaces.
Staff does not support the variances as requested. Staff views the request as
unreasonable and feels that the applicant is proposing to over-build the site. The
proposed building height of 52 feet (four(4) stories) will be out of character with the
other commercial buildings along Kavanaugh Blvd., which have heights of one (1)
and two (2) stories. The upper floors of the proposed building will overlook the
existing single family properties to the north across Kavanaugh Blvd. creating an
undue burden on those properties. Additionally, staff feels that the proposed size
and use of the building will create a parking demand that will put a strain on the
available parking in this immediate area. The very large dental office will have
employees which will need all -day parking and patients which will need parking of
various lengths of time, some possibly several hours. The occupant/owners of the
third and fourth floor residential units would have an expectancy of 24/7 use of
parking tied to their occupancy. The applicant is also proposing portions of the
building to extend into the Kavanaugh Blvd. and N. Fillmore Street rights-of-way,
which also indicates an overbuilding of the site. Staff believes the proposed
development is too intense for this 7,000 square foot lot along Kavanaugh Blvd. and
that the development will have adverse impacts on the surrounding property owners
and the parking demand in this general area.
D. Staff Recommendation:
Staff recommends denial of the requested building height, setback and parking
variances.
Board of Adjustment (December 10, 2018)
Staff informed the Board that on December 4, 2018 the applicant submitted a letter to
staff requesting this application be deferred to the January 28, 2019 agenda. Staff
supported the deferral request.
The item was placed on the consent agenda and deferred to the January 28, 2019
agenda. The vote was 3 ayes, 0 noes, 1 absent and 1 open position.
4
October 30, 2018
Department of Zoning and Development
City of Little Rock
723 West Markham
Little Rock, Arkansas 72201
RE: 5701 Kavanaugh Blvd., Little Rock, AR: Application for Zoning Variance for
Lot 1 and Lot 2 on the Southwest Corner of Kavanaugh Blvd. and Fillmore Street.
5701 Kavanaugh LLC purchased two lots at the southwest corner of Kavanaugh Blvd
and Fillmore Street in the commercial /retail district in the Heights. The previous
facility consisted of a Quonset but on the corner, a two story building south of that
and a small one story building next to the alley. An Allied Bank branch occupied the
first floor facing Kavanaugh and was the main tenant. Upstairs was a party facility
and the small one story building housed a retail shop. The existing group of
structures, like most all buildings on that block, was placed as typical of a downtown
shopping district with property line to property line structures that extend to the
public sidewalks. These buildings were recently removed from the site.
Concept
The desire of the development team is to create an urban mixed use development
that engages what is a very vibrant urban neighborhood. This development would
have balconies, both recessed and projecting, and projecting "bay windows" over
the public sidewalk to enhance this interaction. We are proposing a development
with the following uses:
• First Floor: An approximately 4200 s.f. area will be for retail use facing
Kavanaugh Blvd. and Fillmore St. This lease space may be either restaurant
or retail sales space that may change over time. It is envisioned that a small
outdoor dining area will be included as part of the overall 4200 s.f. area. Five
parking spaces (under the upper floors of the building) would be provided
and accessed off the alley for building tenants.
• Second Floor: An approximately 6250 s.f. Dental Office practice for a well
respected local dentist would be relocated to this floor and patients would
access the practice via a stair and elevator lobby on Kavanaugh Blvd.
• Third and Fourth Floors: The combined enclosed space on the two floors of
8850 s.f. would be for approximately 5 high end Condominium units. The
fourth floor enclosed area would be set back from the building edge (not
extending out to the property line) to create large terraces for the residences.
This will reduce the building bulk up against the adjacent streets.
Zoning Variances Requested:
The site is zoned C-3 which has the following requirements that are not met with this
proposed design:
• 25' setbacks at Kavanaugh Blvd. and Fillmore St.
• 15' setback at the alley
• Off street parking as required by Section 36-502.
• 35' maximum building height as measured from the lowest floor level.
Our reasons to request these variances include the following:
• The context of the neighborhood which makes it so appealing is its urban
retail use in which the buildings are built to the sidewalk (property line) for a
walkable community. We are requesting to continue this layout concept as it
presently exists and neighbors to the east and west currently enjoy.
• In urban settings such as this, parking is usually handled in the city street grid.
The Kavanaugh shopping district currently follows this concept. Off street
parking on one of these sites would render the property useless for anything
more than a parking lot. It would destroy the urban character of the
neighborhood.
• To develop a truly mixed use environment on a small lot that includes retail,
an office function and residential uses, the building would almost require
three floors. We are requesting to develop what for the most part would
appear a three story building from the street (see attached elevations and
rendering) and a height of approximately 40'-8" to the third floor parapet line.
With the terrace railing on the third floor, the edge would be approximately
43'-8" to the top of the rail. The fourth floor would be set back significantly
creating large terraces along Kavanaugh, Fillmore and the alley making the
building appear to be three floors unless viewed from a distance. The actual
fourth floor parapet would be 52'-0" above Kavanaugh Blvd.
We believe this mixed use building will enhance the current neighborhood and add
to its current vitality. We are asking for your consideration of these variences.
Please contact me with any questions or comments.
Respectfully,
Hrand DuValian lI„ AIA
DECEMBER 10, 2018
ITEM NO.: 3
File No.: Z-8920-A
Owner: Dan C. Young
Applicant: Stephen Giles
Address: 1824 N. Jackson Street
Description: West side of N. Jackson Street, between Cantrell Road and Club
Road
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section
36-254 to allow a new residence with reduced side 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:
No Comments.
B. Staff Analysis:
The R-2 zoned property at 1824 N. Jackson Street is occupied by a one-story brick
and frame single family residence. The property is located on the west side of N.
Jackson Street, between Cantrell Road and Club Road. A one-car wide driveway
from N. Jackson Street is located at the northeast corner of the property. The lot
contains a 25 foot front platted building line.
The applicant proposes to remove the existing residence from the site and construct
a new two -story single family residence, as noted on the attached site plan. The
proposed residence will be located 25 feet back from the front (east) property line
and 28.38 feet back from the rear (west) property line. The residence will have
setbacks from the north and south side property lines ranging from 5.42 feet to 5.49
feet. A new two-car wide driveway will be located at the northeast corner of the lot.
The drive will lead to the garage portion of the residence located at the northeast
corner of the structure.
DECEMBER 10, 2018
ITEM NO.: 3 (CON'T.) Z-8920-A
Section 36- 254(d)(2) of the City's Zoning Ordinance requires minimum side
setbacks of 6.2 feet for this R-2 zoned lot. Therefore, the applicant is requesting a
variance to allow the side setbacks of 5.42 to 5.49 feet.
Staff is supportive of the requested variance to allow reduced side setbacks for the
proposed single family residence. Staff views the request as reasonable. The
proposed side setbacks of 5.42 to 5.49 feet will not be out of character with this
overall neighborhood. There are a number of 50 foot wide lots in this neighborhood
with five (5) foot side setbacks being very common. All other proposed building
setbacks will conform to ordinance requirements. Staff believes the proposed
residence with reduced side setbacks 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 reduced side
setbacks, as filed.
Board of Adjustment (December 10, 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 3 ayes, 0 noes, 1 absent and 1 open position.
2
CYRIL HOLLINGSWORTH CAL MCCASTLAIN
THOMAS S. STONE MARK H. ALLISON
STEVE L. RIGGS RANDALL L. BYNUMt
MICHAEL O. PARKER MONTE D. ESTES
JOSEPH H. PURVIS MATTHEW C. BOCH*
JOHN B. PEACE TODD WOOTEN
WILLIAM DEAN OVERSTREET STEPHEN R. GILES
MICHAEL G. SMITH + CARL F. (TREY) COOPER III
GARY B. ROGERS TJ LAWHON
JAMES PAUL BEACHBOARD = ADRIENNE M. GRIFFIS
DOVER DIXON HORNE PLLC
Attorneys at Law
425 W. CAPITOL AVE STE 3700
LITTLE ROCK, AR 72201-3465
TELEPHONE (501) 375-9151
FACSIMILE (501) 375-6484
www.ddh.law
DARRELL D. DOVER (1933-2009)
PHILIP E. DIXON (1932-2005)
ALLAN W. HORNE (1932-2018)
OF COUNSEL
GARLAND W. BINNS. JR.
= ALSO LICENSED IN TENNESSEE
+ ALSO LICENSED IN TEXAS
t ALSO LICENSED IN DISTRICT COLUMBIA
t ALSO LICENSED IN ILLINOIS
7R MERITAS LAW FIRMS WORLDWIDE
October 30, 2018
Via Hand Delivery
The Board of Zoning Adjustment
City of Little Rock
Planning and Development Department
723 West Markham Street
Little Rock, Arkansas 72201
Re: Dan C. Young Variance Request
Dear Board of Adjustment:
We represent the owner of a single- family residence and lot located at 1824 North Jackson
Street in Little Rock. I have submitted an Affidavit authorizing me and Thomas Powmall to
represent the applicant for the purposes of this variance request. The owners propose to remove
the existing one -story home and garage on the property and replace it with a new two-story single- -
family residence. Given that the lot is relatively narrow to accommodate the new construction, a
small variance from the side yard setback requirements of LRC §36- 254(d)(2) is necessary to avoid
undue hardship to the applicant. The existing garage on the west side behind the home will be
removed and a new garage will be part of the two -story home construction as shown on the survey.
The improvement of the lot to a new, larger residence is compatible with other homes on North
Jackson Street and generally in the area of this neighborhood.
We appreciate your consideration of Mr. Young's request for variance and if you have any
questions or need any additional information, please feel free to contact me.
Sincerely,
DOVER DI ON HORNE P LC
Stephen R. Giles
SRG/als
DECEMBER 10, 2018
ITEM NO.: 4
File No.: Z-9374
Owner: Burger King Corporation
Applicant: Keri Richardson, Condray Signs
Address: 11410 Rodney Parham Road
Description: North side of Rodney Parham Road, east of Green Mountain
Drive
Zoned: C-3
Variance Requested: A variance is requested from the sign provisions of Section
36-557 to allow wall signage without direct street frontage.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Restaurant
Proposed Use of Property: Restaurant
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The C-3 zoned property at 11410 N. Rodney Parham Road is occupied by a one-
story commercial building which houses a Burger King restaurant. Two (2)
driveways from N. Rodney Parham Road serve as access to the site. Paved parking
is located on the south and east sides of the building. A drive-thru window is located
on the west building façade.
The applicant is in the process of remodeling the existing building. As part of the
remodel ing /rebranding project, new signage is proposed on the front (south) and
east side building facades. The front building fagade has approximately 1,000
square feet of surface area. The applicant proposes a round Burger King logo sign
on the front (south) fagade with an area of 19.63 square feet. The applicant
proposes a second round logo sign, also 19.63 square feet, on the east side building
fagade. An additional wall sign (27.42 square feet) is proposed over the entry door
on the east façade. The total wall signage will be approximately 66.7 square feet.
Section 36-557 (a) of the City's Zoning Ordinance requires that all wall signage be
located on building facades which face street frontages. Therefore, the applicant is
requesting a variance to allow wall signage on the east building façade.
DECEMBER 10, 2018
ITEM NO.: 4 (CON'T.) Z-9374
Z -9374
Staff is supportive of the requested variance to allow wall signage on the east
building façade. Staff views the request as reasonable. The front (south) building
fagade will allow approximately 100 square feet of wall signage on that façade. The
total wall signage proposed is approximately 66.7 square feet. Therefore, the
applicant is essentially transferring allowed wall signage from the front (south)
façade to the east fagade. This request will not be out of character with other
commercial buildings in this general area. Additionally, the proposed new signage
associated with the building remodeling should be a quality component of the
revitalization of this business district along N. Rodney Parham Road branded as the
"West Village ". Staff believes the proposed wall signage without direct 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
direct street frontage, subject to compliance with the following conditions:
1. There is to be no additional wall signage on the front (south) building façade
beyond what is proposed in this application.
2. There is to be no signage located on the west building façade.
Board of Adjustment
(December 10, 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 3 ayes, 0 noes, 1 absent and 1 open position.
2
condraysigns.com
Since 1929
10/2/18
Burger King
11410 Rodney Parham
Little Rock, AR
Letter of Hardship
We are requesting a variance for the signage on thet elevation of the building. Once the remodel is
complete, the west elevation will become the main entrance to the restaurant. The property is zoned
C3, which states "wall or mansard signs not to exceed ten (10) percent in aggregate sign area for that
occupancy's facade area" The building measures 20' x 58' which totals 1160 square feet, per code this
would allow 116 square feet of signage.
The South elevation (street facing) will have a 5' Burger King logo, equaling 25 square feet (Permit
31496). We are requesting an additional 5' Burger King logo (25sgft) and 14 "x282" Home of The
Whopper logo (27.4sgft) be approved. Collectively the signs will be 77.4 square feet.
Home of the Whopper is part of the national brand and it is imperative that it be included in the sign
package per BK standards.
The driveway located east of the building is also used by employees /customers of other businesses
located within the same area.
1107 E. Harding Ave. Pine Bluff, AR 71601 870.534.5210
DECEMBER 10, 2018
ITEM NO.: 5
File No.: Z-9375
Owner: Nick Ruffin
Applicant: Allen Smith
Address: Southwest corner of Mabelvale Drive and Mabelvale Circle
Description: North and west of Mabelvale Pike
Zoned: I-2
Variance Requested: A variance is requested from the paving provisions of Section
36 -508 to allow a gravel parking /storage yard area.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Undeveloped
Proposed Use of Property: Excavation Contractor's office and storage yard.
STAFF REPORT
A. Public Works Issues:
1. The Public Works has no comment in regard to the variance to Chapter 36 of the
city code.
2. Part of the property are within a special flood hazard area (SFHA). Prior to
approval of a building permit, a SFHA permit must first be obtained from the
Public Works.
3. Any land alteration within the SFHA requires an approved grading permit. A
grading permit must be obtained from the Public Works prior to approval of a
building permit.
4. The proposed property is subject to City of Little Rock stormwater detention
ordinances. Prior to approval of a building permit, a drainage and detention
plan must be approved by the Public Works.
5. Prior to approval of the building permit, the applicant must agree to make
boundary street improvements where existing right of way improvements do not
meet Public Works standards. Boundary street improvements include, but are
not limited to, reconstruction of one -half section of the abutting street, repair or
extension of sidewalk, replacement of damaged, missing and noncompliant
curb and gutter, as well as removal of abandoned driveway cuts.
6. A portion of the abutting street has been closed by the Public Works. Prior to
DECEMBER 10, 2018
ITEM NO.: 5 (CON'T.) Z-9375
approval of the building permit, any proposal to remove, relocate or alter these
barricades must be first approved by the Public Works.
B. Landscape and Buffer Issues:
1. Site plan must comply with the Little Rock Zoning Ordinance and the City's
minimal landscape and buffer ordinance requirements.
2. Signage is to be reviewed and permitted separately.
3. A perimeter planting strip is required along any side of a vehicular use area that
abuts adjoining property or the right-of-way of any street. This strip shall be at
least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be
planted for every thirty (30) linear feet of perimeter planting strip.
4. Building landscape areas shall be provided between the vehicular use area
used for public parking and the general vicinity of the building. These shall be
provided at the rate equivalent to planter strip three (3) feet wide along the
vehicular use area. One (1) tree and four (4) shrubs shall be planted in the
building landscape areas for each forty (40) linear feet of vehicular use area
abutting the building.
5. An irrigation system shall be required for developments of one (1) acre or
larger.
6. All landscape areas shall be protected as per City of Little Rock Landscape
Ordinance (Sec. 15-100). Provide notes on plan specifying type and location of
mulch, edging, wheel stops, and /or concrete curb and gutter.
7. All ground or roof mounted mechanical systems shall be screened from
abutting properties and streets. Any trash receptacles or pickup shall be
oriented away from a primary street side of the property and screened from the
public right-of-way. Screen shall exceed the height of the dumpster or trash
containment areas by at least two (2) feet no to exceed eight (8) feet total
height.
8. The City Beautiful Commission recommends preserving as many existing trees
as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
C. Staff Analysis:
The I-2 zoned property located at the southwest corner of Mabelvale Drive and
Mabelvale Circle is currently undeveloped and grass covered. The property is
comprised of 5.469 acres and is relatively free of slope. The applicant proposes to
develop the site for an excavation contractor's office and maintenance yard for heavy
earth moving and construction equipment. The site will be developed in two (2)
phases.
2
DECEMBER 10, 2018
ITEM NO.: 5 (CON'T.) Z-9375
Phase I of the project will consist of construction of a one -story metal office building
(2,000 square feet), a one -story metal equipment shop building (6,000 square feet)
and a 750 square foot open breezeway between the two (2) buildings, as noted on
the attached site plan. This phase includes a paved parking area for 17 vehicles on
the east side of the buildings. Two (2) driveways from Mabelvale Drive will serve as
access to the property. A gravel equipment storage /maintenance yard will be
located on the north, south and west sides of the buildings. A fuelling station will be
located within this area. The entire property will be fenced with a six (6) foot high
chain -link fence with concertina wire.
Phase II of the project will include a 4,000 square foot equipment storage building
within the rear of the property. This structure will be covered and unenclosed.
Additional, gravel equipment storage /maintenance yard area within the north portion
of the property will also be part of this phase. There will also be a new driveway
from Mabelvale Circle.
Section 36-508 of the City's Zoning Ordinance requires that vehicular use areas be
paved where subject to wheeled traffic. Therefore, the applicant is requesting a
variance to allow the equipment storage /maintenance yard area with a gravel base
rather than pavement.
Staff is supportive of the requested paving variance. Staff views the request as
reasonable. The requested gravel area will be used for heavy equipment storage
and maintenance. It would not be realistic to pave this area as it would likely need
constant repair due to the weight of the equipment. The site is located in an area of
light industrial zoning and uses. The proposed gravel use area should have no
adverse impact on the adjacent properties or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested paving variance, 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 Landscape and Buffer requirements as noted in
paragraph B. of the staff report.
3. The gravel use area must be hard packed and maintained as to not allow
rutting, pot holes, standing water or dust.
3
DECEMBER 10, 2018
ITEM NO.: 5 (CON'T.) Z-9375
Board of Adjustment (December 10, 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 3 ayes, 0 noes, 1 absent and 1 open position.
4
SMITHANDGOODSON
7509 Cantrell Road, Suite 227
Little Rock, Arkansas 72207
PH 501.414.8498 FAX 501.414-8567
www.smithandgoodson.com
CIVIL ENGINEERING AND LAND SURVEYING
October 25, 2018
Mr. Dana Carney — Zoning & Subdivision Manager
City of Little Rock — Planning and Development Dept.
723 West Markham Street — 1st Floor
Little Rock, Arkansas 72201
Re: Proposed Office and Equipment Maintenance Yard
Nick Ruffin Excavating, Inc.
Mabelvale Drive
Little Rock, Arkansas
Dear Mr. Carney:
It is with pleasure we submit plans /documents for City of Little Rock review and subsequent approval and /or comments for the
above captioned project. Included in this submittal are the following:
a. Transmittal Letter (this letter)
b. Proposed Site Development Plan —18 copies
c. Boundary & Topographic Survey— 4 copies
d. Property Description —1 copy
e. Review fee check —1 each @ $205.00
f. City of Little Rock Application Documents —1 set
g. Abstractor Certified 200' Ownership Search Documents —1 set
We understand the matterwould go before the Board of Adjustment and we are hopeful to be placed on the December 10, 2018
agenda.
The owner /developer of the property is Mr. Nick Ruffin, the owner of Ruffin Excavating, Inc. He proposes to develop the subject
property as an office, equipment maintenance and equipment storage yard for heavy earth moving and construction equipment.
The proposed development appears to conform to the current zoning which is 1 -2. The property consists of 5.469 acres on
Mabelvale Drive in Mabelvale Industrial Park in southwest Little Rock. The property is not developed and we are unaware of it
having an assigned street address.
The owner proposes to construct two separate single story buildings connected by a breezeway as shown on the proposed Site
Plan. He proposes to construct an asphalt paved parking lot and driveways in front of the office building. That parking lot would
be fully paved with curb and gutter and concrete driveway aprons. The primary reason for two separate driveways is to generally
segregate passenger vehicles from heavy equipment, and allow the heavy equipment direct access to the rear yard area on
concrete and gravel paving. In all areas behind the Proposed Office and Equipment Maintenance Yard (inside the proposed fence),
the owner proposes gravel surfacing primarily due to the anticipated movements of tracked equipment.
A fueling station that would dispense off -road diesel fuel is shown on the site plan just north of the southwest property. The
fueling station would be used to fuel the trucks and heavy equipment. The fueling station will be elevated well above the
floodplane, have concrete paving with proper leakage containment, and be designed in accordance with current codes and
regulations.
Nick Ruffin Excavating, Inc.
Mabelvale Drive
Little Rock, Arkansas
October 25, 2018
A six foot height chain link fence with concertina security wire is proposed to enclose the equipment yard as shown on the site
plan. A proposed dumpster pad and enclosure is shown as well. The owner proposes to install landscaping in the areas in front
of the office building and along the street as generally illustrated on the Site Plan. We are also aware of a 25' buffer requirement
along the western boundary as it abuts residential zoned property. The native vegetation and trees will remain in place and
undisturbed within that buffer. A landscape Architect will be retained to assure the landscape irrigation plans will meet city codes.
The owner wishes to develop the site in two separate phases as shown on the Site Plan. The adjacent streets are fully constructed
but do not have sidewalks. The owner requests that he be allowed to construct the sidewalk adjacent to Phase 1 only and
complete construction of the remaining sidewalk and driveway apron off of Mabelvale Circle during Phase 2.
The majority of the site is located within the published floodplane. The proposed buildings would be constructed with finished
floor elevations being at least 1 foot above the published floodplane elevation. The site currently drains toward the Northwest
corner of the property. We propose to allow the site drainage to continue to surface flow to the northwest corner where a
stormwater detention basin would be constructed as part of Phase 1. Perimeter ditches would likely be constructed along the
northern and western boundaries to assure the surface drainage is directed into the detention basin.
Gravity sanitary sewer is not immediately available at the site. The owner proposes to install a small privately owned and
maintained pump station in the vicinity of the southeast property corner and install a force main along the west side of Mabelvale
Drive to an existing LRWRA public manhole on the northwest corner of Mabelvale Drive and Mabelvale Pike.
An existing Central Arkansas Water main and fire hydrants are located within the adjacent street right -of -way.
If you have any questions or comments, or need further information please let me know.
Respectfully,
SMITH AND GOODSON, PLLC
Wm. Allen Smith, P.S.
Managing Member
Cc: Mr. Nick Ruffin
Enc.
2 | P a g e
DECEMBER 10, 2018
ITEM NO.: 6
File No.: Z-9376
Owner: John and Stacy Grobmeyer
Applicant: Carolyn Lindsey
Address: 1809 N. Monroe Street
Description: East side of N. Monroe Street, north of Cantrell Road
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section
36-156 to allow an addition to an accessory structure 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.
DECEMBER 10, 2018
ITEM NO.: 6 (CON'T.) Z-9376
C. Staff Analysis:
The R -2 zoned property located at 1809 N. Monroe Street is occupied by a one-story
brick and frame single-family residence. The property is located on the east side of
N. Monroe Street, north of Cantrell Road. A one -car wide driveway is located at the
northwest corner of the lot. The driveway extends along the north side of the
residence and leads to a one-story frame garage at the northeast corner of the lot.
The existing garage is located four (4) feet back from the rear (east) property line
and 0.8 foot back from the north side property line.
The applicant proposes to make several small additions, including a covered patio
area, to the principal structure, as noted on the attached site plan. The applicant
also proposes to make two (2) small additions to the accessory garage structure,
including a covered walkway connection between the two (2) structures. All of the
proposed additions will conform with ordinance standards, with the exception of the
small addition to the front (west) of the accessory garage structure. This proposed
addition will be 4.5 feet wide and be located 1.5 feet back from the north side
property line. The addition is being made to increase the depth of the garage to
allow for vehicle parking inside.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side
setback of 7.5 feet for this R-2 zoned lot. Therefore, the applicant is requesting a
variance to allow a reduced side setback for the proposed addition to the front (west)
of the accessory structure.
Staff is supportive of the requested variance to allow a reduced side setback for the
addition. Staff views the request as reasonable. The proposed setback will not be
out of character with other accessory structures throughout this neighborhood. The
encroachment is comprised of only a 4.5 foot wide addition to the accessory
structure. This represents a total of 27 square feet of encroachment into the required
side setback. The addition will be located further back from the north side property
line than the existing garage structure. Additionally, adequate separation should
exist between the proposed addition and the accessory structure on the property to
the north. Staff believes the proposed addition to the existing accessory structure
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
compliance with the Building Codes requirements as noted in paragraph B. of the
staff report.
2
DECEMBER 10, 2018
ITEM NO.: 6 (CON'T.) Z-9376
Board of Adjustment (December 10, 2018)
Staff informed the Board that the application needed to be deferred to the January 28, 2019
agenda, based on the fact that a quorum was not present since Vice-Chair Lindsey Polk had
to recuse on the issue. A motion was made to defer the application to the January 28, 2019
agenda. The motion passed by a vote of 3 ayes, 0 noes, 1 absent and 1 open position. The
application was deferred.
3
Yeary Lindsey Architects
October 30, 2018
Mr. Monte Moore
Department of Neighborhoods and Planning
723 West Markham
Little Rock, AR 72201
RE: Zoning Variance Application for
Grobmeyer Residence, 1809 N. Monroe St., Little Rock, AR 72207
Dear Monte,
This project consists of a one-story rear porch addition to the main house, one-story additions
to the north and south with new second floor space in the attic above the porch and the south
addition. Also included is an 8'-6" deep x 13'-0" wide connector from the porch to the garage
that will remain open on all three sides.
We are also proposing to remodel the existing garage enclosing an existing covered porch and
extending the garage to the west so as to be deep enough to park a car inside. The existing
garage is 9'/2" from the north property line. We are requesting a zoning variance to allow the
following:
1) Reduced north side 7.53' setback to allow the garage west wall extension to
project into the setback, reducing it to 1'-6" for a distance of 4'-6" at the garage
addition only. There will be no openings in this wall.
Also, note that our percentage of rear setback coverage is 29.5 %.
We are requesting this variance to enlarge the existing garage to 22'-0" deep which is the
minimum depth for a functional garage.
Thank you for your time and consideration.
Sincerely,
Carolyn A. Lindsey, AIA
3416 Old Cantrell Road Little Rock, Arkansas 72202 501-372-5940 Fax: 501-663-0043
DATE: L[r 20 �
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AYE 0 __NAYE ABSENT AL ABSTAIN Meeting Adjourned 2:06 P.M.
DECEMBER 10, 2018
There being no further business before the Board, the meeting was adjourned at 2:06
p.m.
Date:
Chairman Secretary