boa_01 28 2019LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
JANUARY 28, 2019
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 December 10, 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
JANUARY 28, 2019
2:00 P.M.
I. OLD BUSINESS:
A. Z-8257-B 5701 Kavanaugh Blvd.
B. Z-9376 1809 N. Monroe Street
II. NEW BUSINESS:
1. Z-9381 2702 N. Fillmore Street
2. Z-9382 4107 "B" Street
JANUARY 28, 2019
ITEM NO.: A
File No.: Z-8257-B
Owner: 5701 Kavanaugh LLC
Applicant: HR and 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
height of 30 inches. Location of landscaping or other private improvements within
JANUARY 28, 2019
ITEM NO.: A (CONT.) Z-8257-8
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
JANUARY 28, 2019
ITEM NO.: A (CONT.) Z-8257-8
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.
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
3
JANUARY 28, 2019
ITEM NO.: A (CONT.) Z-8257-B
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.
Staff Update:
On December 12, 2018 the applicant submitted a letter to staff requesting this
application be deferred to the February 25, 2019 agenda. Staff supports the deferral
request.
4
JANUARY 28, 2019
ITEM NO.: A (CONT.) Z-8257-B
Board of Adjustment (December 10, 2018)
Staff informed the Board that on January 18, 2019 the applicant submitted a letter to
staff requesting this application be deferred to the March 25, 2019 agenda. Staff
supported the deferral request.
The item was placed on the consent agenda and deferred to the March 25, 2019
agenda. The vote was 3 ayes, 0 noes, 1 recusal (Lindsey-Polk) and 1 open position.
5
[]
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 hut 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 1 -8 11 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 consid eration of these variences.
Please contact me with any questions or comments.
Hrand DuValian II, AIA
JANUARY 28, 2019
ITEM NO.: B
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.
JANUARY 28, 2018
ITEM NO.: B (CONT.) 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
JANUARY 28, 2018
ITEM NO.: B (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.
Board of Adjustment (January 28, 2019)
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 recusal (Lindsey-Polk) and 1 open position.
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 ½" 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
JANUARY 28, 2019
ITEM NO.: 1
File No.: Z-9381
Owner: Brent and Heather Schmiegelow Trust
Applicant: Heather Schmiegelow
Address: 2702 N. Fillmore Street
Description: Lot 7 and part of Lot 8, Block 18, Park View Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section
36-254 to allow a new residence with reduced front, side and
rear setbacks.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
1. The proposed driveway appears to be approximately 36 feet. City of Little Rock
Code of Ordinances Sec. 30-43 prohibits residential driveways wider than 20
feet. Public Works staff supports the variance if the driveway otherwise conforms
to the Zoning Codes.
B. Staff Analysis:
The R-2 zoned property located at 2702 N. Fillmore Street is occupied by a one
story brick and frame single family residence. The property is located at the
northwest corner of N. Fillmore Street and "Y" Street. A two-car carport and storage
building is located at the southwest corner of the lot, with a covered walkway
connection to the residence. A concrete driveway from "Y" Street serves as access
to the carport structure.
The applicant proposes to remove the existing residence from the site and construct
a new two-story residence, as noted on the attached site plan. The proposed
structure will include a one-story attached three-car garage at the west end of the
residence. A driveway from "Y" Street will serve the garage portion of the residence.
The front wall of the proposed residence will be located 23.12 feet back from the
front (east) property line, with steps being approximately 18 feet back from the front
property line. The proposed residence will be located five (5) feet back from the rear
(west) property line. The proposed residence will maintain a 5.5 foot setback from
JANUARY 28, 2018
ITEM NO.: 1 (CON'T.) Z-9381
the north side property line. The main footprint of the proposed residence will be
located approximately 6.3 feet back from the south side property line. A small
portion of the structure (bump-out) will be located approximately five (5) feet back
from the south side property line, with a chimney extending out another 1.3 feet.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet for this R-2 zoned lot. Section 36-254(d)(2) requires a minimum
side setback of 5.5 feet, based on the 55 foot lot width. Section 36-254(d)(3)
requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting
variances from these ordinance standards to allow the proposed residence with
reduced front, side and rear setbacks.
Staff supports the requested variances for reduced setbacks. Staff views the
request as reasonable. The proposed residence with reduced setbacks will not be
out of character with other residences within this neighborhood. The proposed lot
coverage of the residence with attached garage has very little difference from a
residence with a detached garage. If the garage portion of the residence were
detached, it would cover 40 percent of the required rear yard (rear 25 feet of the lot)
and it would comply with all setback requirements. The proposed lot massing is very
similar to numerous other lots within this neighborhood. Staff believes the proposed
residence with reduced setbacks will have no adverse impact on the adjacent
properties or the general area. ,
C. Staff Recommendation:
Staff recommends approval of the requested setback variances, subject to
compliance with the Public Works requirement as noted in paragraph A. of the staff
report.
Board of Adjustment (January 28, 2019)
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 recusal (Lindsey-Polk) and 1 open position.
2
December 10, 2018
To the Department of Planning and Development:
This is the cover letter for an application for a residential zoning variance for the lot
located at 2702 N. Fillmore, Little Rock, AR 72207. Included with this cover letter is the
survey for the N. Fillmore lot.
The proposed plans are new construction of a residential house on the northwest corner
of N. Fillmore and Y Streets with an attached 3 car garage. The front of the house is
located along N. Fillmore and the side load garage is located along Y Street. The
proposed dimensions of the house are 74 feet by 42.5 feet. The proposed dimensions
of the garage are 36 feet by 24 feet.
The proposed setbacks from the property lines are as follows:
•rear setback of 5 feet from rear property line -the justifications are explained
below
•front setback of feet-the variance requested for the front is to accommodate
only the stairs coming down from the front porch; the front porch is on the 25 feet
setback line; no variance from the set back is needed for the front porch
•setback along north edge of property line is 5 feet from the property line due to
the proposed location of a small 4-person hot tub and this side setback is
consistent with the character of the neighborhood, as explained in more detail
below
The justifications for the side setbacks and the front setback are listed above. There
are three reasons justifying the rear setback. First, there is little to no parking along the
street. Second, the total sf coverage of the lot with the attached garage is about the
same coverage if the garage were detached. And third, the proposed rear setback is in
line with the character of the neighborhood. Regarding limited parking, the proposed
size of the garage is due to the fact that the garage and driveway will be the only
spaces for parking. We have children who will be of driving age and driving cars, so we
will have 4 cars or more. There is little to no place to park on Fillmore or Y Streets. The
front yard along Fillmore is roughly 13 feet above street elevation, making parking in the
front of the house along Fillmore not possible. Y Street is a narrow street, more like the
width of an alley, significantly limiting parking along the side of the house on Y Street.
The second justification for the rear setback is the total coverage of the lot with an
attached garage compared to a detached garage being nearly the same coverage. If
the garage were detached and located the minimum number of feet from the house, the
owners would include a roof to cover the walkway between the house and the detached
garage. The coverage of the buildings and structures, including the covered walkway
between the detached garage and the house, would be about the same coverage on
the lot as an attached garage. The proposed house footprint is 2582 sf, the proposed
front porch and covered patio are 280 sf, and the footprint of the proposed attached
garage is 875 sf. The total sf coverage is 3,737. With the property dimensions 140' by
55', or 7,700 sf, the coverage of the lot is 48% with the proposed house, front porch,
covered patio, and attached garage. If we detached the garage and had a covered
walkway instead, the total sf coverage of the lot would be about 46%, nearly equal to
the coverage of the proposed house with an attached garage.
The fact that these requested setbacks along the rear and side of the property are
consistent with the existing character of the neighborhood justifies the rear setback and
setback along the side. The following adjacent and nearby lots were granted variances
from the setback ordinances: (1) the lot located on the northeast corner of Y Street and
N.Pierce Street immediately behind this lot; (2) the lot at the southeast corner of Y
Street and N. Pierce caddy corner behind this lot on N. Fillmore; and (3) the lot next
door to the north of this N. Fillmore lot. In addition, other nearby lots on N. Fillmore
have also been granted variances from the setbacks.
Other information provided along with the application:
1. Proposed parking areas are the driveway off of Y Street and inside the garage.
2. Points of ingress and egress are the side load garage along Y Street, the back
door into the house, and the front door along N. Fillmore.
3. Dimensions of drives are 32 feet by 17 feet.
4. The property dimensions 140' by 55'
5. On-site fire hydrants = none existing, none proposed
6. On-site water systems, existing and proposed = city water
Please contact me if you need any additional information or have any questions. Thank
you for your consideration of this application for a variance from the setbacks.
Respectfully,
Heather Schmiegelow
479-871-4883
JANUARY 28, 2019
ITEM NO.: 2
File No.: Z-9382
Owner/ Applicant: Brian W. and Cynthia Alexander
Address: 4107 "B" Street
Description: Lot 2, Block 3, Pinehurst Addition
Zoned: R-3
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:
No Comments.
B. Staff Analysis:
The R-3 zoned property located at 4107 "B" Street is occupied by a one-story brick
and frame single family residence. The property is located on the south side of "B"
Street, west of N. Elm Street. A small concrete parking pad is located at the
northeast corner of the lot. The rear yard is fenced with six (6) foot high wood
fencing, with an eight (8) foot high wood fence section along the rear (south) property
line. A 20 foot wide alley right-of-way is located along the south property boundary
of this lot.
The applicants propose to replace the existing eight (8) foot high wood fence section
along the rear (south) property line, with a new eight (8) foot wood fence, as noted
on the attached site plan. The proposed eight (8) foot high fence section is proposed
only along the rear (south) property line. The existing eight (8) foot high fence
section has existed for a number of years and is deteriorating and in need of
replacement. The applicants request the eight (8) foot high fence section along the
alley right-of-way for security purposes.
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 street fronting property line and
building setback line on R-3 zoned property. Fences with a maximum height of six
(6) feet are allowed elsewhere on residential lots. Therefore, the applicant is
JANUARY 28, 2019
ITEM NO.: 2 (CONT.) Z-9382
requesting a variance to allow the fence with a height of eight (8) feet along the rear
(south) property line.
Staff is supportive of the requested fence height variance. Staff views the request
as reasonable. The proposed eight (8) foot fence height has become an increasingly
popular fence height in single family neighborhoods. In this specific case, the
property backs up to an alley right-of-way which does not extend entirely through
the block. Additionally, the proposed eight (8) foot fence will not be out of character
with the neighborhood, as other fences with increased height exist throughout the
neighborhood. Staff believes the proposed residential fence with increased height
will have no adverse impact on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested fence height variance, as filed.
Board of Adjustment (January 28, 2019)
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 recusal (Lindsey-Polk) and 1 open position.
2
12/10/18
Mr. Monte Moore
Dept. of Planning and Development
City of Little Rock
723 West Markham St.
Little Rock, AR 72201-1334
Mr. Moore,
We currently have an eight foot tall wooden privacy fence at the rear of our
property at 4107 B. St. It was on the property when we bought it in 2012 and
borders an alley accessed via Elm St. The fence is now in such poor condition
that our back yard can be accessed by pedestrians in the alley through a breach
in the fence . The back lawn is otherwise reasonably secure with privacy fences
on the east, west, and north (including gates that can be locked). We would
propose to replace this eight foot tall fence along the alley to enhance the
security of the property, while current code allows only a six foot fence.
Our lot slopes downward considerably from B St. to the alley, paralleling the
downward slope of the neighborhood from Lee Ave nue to Markham St. This
allows good visibility of our house and deck from the alley. A six foot fence would
only increase the sight lines of our property and possibly encourage more theft.
It is not uncommon for tenants to witness strangers accessing the rear lawn both
through the alley and through the front gates when not locked, even in daylight
hours.
Please consider approving a variance that would allow us to replace the existing
eight foot fence along the rear of our property. Our desire is to discourage crime
while enhancing the beauty, security and livability of our property and that of the
neighborhood. Thank you for your consideration.
Sincerely,
Brian Alexander Cynthia Alexander
DATE: :JJrJV UAf1 J8 120 l "1 BOARD OF ADJUSTMENT VOTE RECORD
l,()r,..J ) f t-J -r
MEMBER A � ' )..
ALLISON, FRANK ✓ ✓ ;/ ✓
BERTRAM, JAM ES ✓ ✓ ✓ ✓
GRINDER, AUSTIN ✓ ✓ ✓ ✓
LINDSEY POLK, CAROLYN RfCV>l 'i< 'K. ,f_ IL
_,_ OPzt-Jro )1 1ia/\ -----
TIME IN AND TIME OUT
ALLISON, FRANK
BERTRAM, JAMES
GRINDER, AUSTIN
LINDSEY POLK, CAROLYN ....
-
AYE § NAVE .A ABSENT --.A ABSTAIN Meeting Adjourned J.; ab P.M.
JANUARY 28, 2019
There being no further business before the Board, the meeting was adjourned at 2:06
p.m.
Date: ------------
Chairman Secretary