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boa_05 20 2019LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES MAY 20, 2019 2:00 P.M. Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. Approval of the Minutes of the Previous Meetings The Minutes of the April 29, 2019 meeting were approved. Members Present: Frank Allison - Chairman Richard Bertram - Vice Chair Joe Justus Carolyn Lindsey Polk Members Absent: Austin Grinder City Attorney Present: Shawn Overton LITTLE ROCK BOARD OF ADJUSTMENT AGENDA MAY 20, 2019 2:00 P.M. I. OLD BUSINESS: No Old Business NEW BUSINESS: 1. Z -7706-A 2200 Country Club Lane 2. Z-9415 3 Forest Heights Drive 3. Z-9416 2811 N. Taylor Street 4. Z-9417 5604 Stonewall Road MAY 20, 2019 ITEM NO.: 1 File No.: Z -7706-A Owner/Applicant: John and Betsy Walker Address: 2200 Country Club Lane Description: Lots 1 and 2, Block 11, Country Club Heights Addition 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 Public Works Issues: No Comments Staff Analysis: The R-2 zoned property at 2200 Country Club Lane is occupied by a two-story brick and frame single family residence. The property is located at the northwest corner of Country Club Lane and Country Club Blvd. A driveway from Country Club Blvd. is located at the southwest corner of the lot. The driveway leads to the garage portion of the residence, at the residence's northwest corner. An existing brick wall is located along a portion of the north side and rear (west) property lines. A short masonry wall with wrought iron fence is located along the front (east) and south side property lines. The existing residence was recently remodeled. The applicant proposes to construct a new six (6) foot high brick wall along a portion of the south (street side) property line and rear (west) property line, as noted on the attached site plan. A new six (6) foot high wrought iron fence will tie into the north and south sides of the house. The new fencing will be constructed as part of a landscape upgrade for this single family lot. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences and walls located between street rights-of-way and building setback lines. Six (6) foot high fences/walls are allowed elsewhere on single family lots. Therefore, the applicant is requesting a variance to allow the six (6) foot MAY 20, 2019 ITEM NO.: 1 (CON'T.) Z-7706-A high brick wall along a portion of the south (street side) property line and a portion of the rear (west) property line, located between the street right-of-way (Country Club Blvd.) and the required eight (8) foot side building setback line. Staff is supportive of the requested fence/wall height variance. Staff views the request as reasonable. The proposed wall height will not be out of character with other walls and fences within this neighborhood. An existing masonry wall ranging in height from six (6) to 7.5 feet is located directly across Country Club Blvd. to the south. Staff believes the proposed six (6) foot high brick wall along the south property line of the subject property 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 (May 20, 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 4 ayes, 0 noes and 1 absent. 2 April 19, 2019 Department of Planning and Development Board of Adjustment 723 West Markham Little Rock, AR Dear Board of Adjustment Members, Thank you for reviewing my application for a Zoning Ordinance on my single family residence in the Heights neighborhood of Little Rock, Arkansas. When we purchased the house, it only had a brick wall barrier on two sides of the backyard. We have since completed our renovations and now plan to work on finishing out the landscape and fencing. We are requesting a variance to build a six foot tall brick wall on the side of our house facing the side street. It will only cover the back half of our lot. The purpose of this wall will be to add privacy from the constant street traffic on Country Club Boulevard. It will also add the much needed security we need to contain our backyard that a four foot wall cannot provide. This will secure our perimeter and give us privacy. I have included photographs of the existing brick wall in our neighbor's yard across the side street. These walls are common in the neighborhood. Thank you for reviewing our proposed addition. I appreciate your time and consideration. Respectfully, Betsy Walker MAY 20, 2019 ITEM NO.: 2 File No.: Z-9415 Owner: Anne Marie Hastings Applicant: Anne Marie Doramus Address: 3 Forest Heights Drive Description: Lot 93, Forest Heights Place Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a new residence with a reduced front setback and which crosses a front 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 3 Forest Heights Drive is occupied by a two-story brick and frame single family residence. The property is located at the northwestern corner of Forest Heights Drive and S. Country Club Blvd. A circular drive from the two roadways serves as access to the property. The single family lot is pie-shaped, with a width along the front property line of approximately 100 feet and a width of approximately 15 feet along the rear property line. The lot contains a 25 foot front platted building line. The applicant proposes to remove the existing house and construct a new two-story residence, as noted on the attached site plan. The proposed residence will be located 18 feet to 21 feet back from the front property line, extending across the front platted building line by four (4) to seven (7) feet. The residence will be located 5.6 feet to eight (8) feet back from the west side property line and 9.5 feet to 10.2 feet (corner relation) back from the east side property line. The proposed residence will be located over 25 feet from the rear property line. Approximately 120 square feet of the new residence will cross the 25 foot front platted building line. MAY 20, 2019 ITEM NO.: 2 (CON'T.) Z-9415 Section 36-254(d)(1) of the City's Zoning Ordinance requires a front setback of 25 feet. 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 variances from these ordinance standards to allow the new residence with a reduced front setback and which crosses a front platted building line. Staff is supportive of the requested front setback and building line variances. Staff views the request as reasonable. The proposed residence will need to be pulled closer to the front property line in order to maintain adequate side setbacks, due to the irregular shape of the lot which narrows to a width of only 15 feet along the rear property line. The proposed encroachment across the front platted building line is a very minor encroachment. Only approximately 120 square feet of the residence will encroach across the front platted building line. Because of the curvature of the front property line and the roadway, the proposed residence will not have the appearance of being out of alignment with the other houses along S. Country Club Blvd. or Forest Heights Drive. Staff believes the proposed residence with reduced front setback will 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 front 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 setback and building line variances, subject to the completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. Board of Adjustment (May 20, 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. With a vote of 4 ayes, 0 noes and 1 absent the Board voted to waive their bylaws and accept notification to some of the surrounding property owners being three (3) days late. 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 and 1 absent. 2 3 Forest Heights Drive Little Rock, AR 72207 April 22, 2019 City of Little Rock Board of Adjustment 723 West Markham Street Little Rock, AR 72201 Dear Members of the Board of Adjustment: I am writing this letter in regards to my application for a building variance at 3 Forest Heights Drive. The intention is to tear down and rebuild a new single family residence with a two-car garage. The proposed home is 50 feet wide and 59'-4" long, and the architecture and facade fit with the character of the historic Heights neighborhood. In the attached survey, you will notice that our current home sits on an unusual lot configuration. In order to achieve the most use out of our lot, we are requesting a variance to permit our front setback to move forward 3'-1 " on the South side, and T-2" on the North side. In our attached plans, you will also notice the porch that extends 4'-4 3/8" off of the front of the house, and a fireplace that comes out 2'-5" on the South side. After meeting with architects and builders about planning a remodel on our current home, we have determined that it is in our best interest from a structural standpoint and financial standpoint to rebuild a home that is up to the current city code. As mentioned earlier, the new home will fit with the character of the neighborhood, and will increase the overall property value of the area. Thank you for consideration, and thank you for your service to the City of Little Rock. Sincerely, Anne Marie Hastings Doramus MAY 20, 2019 ITEM NO.: 3 File No.: Z-9416 Owner: Jeff Fuller Homes LLC Applicant: Tim Daters Address: 2811 N. Taylor Street Description: Lot 64, Grandview L1 Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 to allow a new residence with reduced side and rear setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT Public Works Issues: No Comments Staff Analysis: The R-2 zoned property located at 2811 N. Taylor Street is occupied by a two-story brick single family residence which is under construction. The property is located along the east side of N. Taylor Street, between N. Grandview and S. Grandview Streets. A driveway from N. Taylor Street will serve as access to the property. The new house is located 5.9 feet to 7.2 feet back from the north and south side property lines. Three (3) corners of the house are located slightly less than seven (7) feet from the side property lines. The applicant proposes to construct a 10 foot by 19 foot deck, with steps and landing, on the rear of the structure, as noted on the attached site plan. The deck and steps will be uncovered and unenclosed. The deck will be located 13.8 feet back from the rear (east) property line. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of seven (7) feet for this R-2 zoned lot. Section 36-254(d)(3) requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances from these ordinance requirements to allow the existing residential structure with reduced side setbacks and the deck addition with a reduced rear setback. MAY 20, 2019 ITEM NO.: 3 (CON'T.) Z-9416 Staff is supportive of the requested side and rear setback variances. Staff views the request as reasonable. The side setback encroachments are very minor in nature, ranging from 0.5 foot to 1.1 feet. This represents an encroachment of only seven (7) to 15 percent of the required side setback. Many of the residential lots in this general area are 50 feet wide and require minimum side setbacks of five (5) feet. The proposed deck encroachment into the required rear setback is also a relatively minor issue. The proposed deck will remain uncovered and unenclosed, and should have very little visual impact on the adjacent properties. Staff believes the existing side setbacks of the residence under construction and the proposed rear setback for the uncovered, unenclosed deck should have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested side and rear setback variances, subject to the deck addition remaining uncovered and unenclosed on its north, south and east sides. Board of Adjustment (May 20, 2019) Staff informed the Board that the application needed to be deferred to the June 24, 2019 agenda based on the fact that an additional variance needed to be requested, with new notification to surrounding property owners. The item was placed on the consent agenda and deferred to the June 24, 2019 agenda. The vote was 4 ayes, 0 noes and 1 absent. 2 WHITE - DATERS & ASSOCIATES, INC. 24 Rahling Circle Little Rock, Arkansas 72223 Phone: 501-821-1667 www.whitedaters.com April 22, 2019 Mr. Monte Moore Zoning Administrator Little Rock Planning & Development 723 W. Markham Street Little Rock, AR 72201 Re: 2811 N. Taylor Street Dear Mr. Moore: Attached is an application for a residential variance request, along with six (6) copies of the recent survey that we would like to be placed on the Board of Adjustment May 20, 2019 Docket. The owner of this property is requesting a zoning variance for the rear yard setback. They would like to construct a 10' x 19' wooden deck attached to the rear of the house. Constructing a patio slab would drop it well below the floor elevation. Please let us know if you require any other additional information. Thank you for your assistance. Sincerely Timothy Enclosure: Application & Affidavit Check Payment Six Survey Copies CIVIL ENGINEERING - LAND PLANNING & DEVELOPMENT - SURVEYING - LANDSCAPE ARCHITECTURE MAY 20, 2019 ITEM NO.: 4 File No.: Z-9417 Owner: Kelley Johnson Family Revocable Trust Applicant: Kelley Johnson Address: 5604 Stonewall Road Description: Lot 98, Forest Heights Place Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a carport addition with a reduced rear setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property located at 5604 Stonewall Road is occupied by a one-story brick and frame single family residence. The property is located at the northeast corner of Stonewall Road and Forest Heights Drive. A two -car wide driveway from Forest Heights Drive is located at the northwest corner of the property. The property has a curved front (south) property line, with a 25 foot front platted building line. The platted building line follows the curvature of the property line and reduces to an eight (8) foot platted building line along the west side property line. Because of the curvature of the roadway and front property line, the existing house is pushed back on the lot, and has a six (6) foot setback from the rear (north) property line. The existing house is located approximately 50 feet back from the front (south) property line. The applicant proposes to construct a carport and covered porch addition to the northwest corner of the existing residence, as noted on the attached site plan. The proposed carport portion of the addition will be 21.7 feet by 25 feet in area. It will be located approximately nine (9) feet from the west side property line and will have the same six (6) foot rear setback as the existing residence. The porch portion of the addition will be approximately eight (8) feet by 21.67 feet in area, and will be located MAY 20, 2019 ITEM NO.: 4 (CON'T.) Z-9417 26 feet back from the west side property line. The carport and porch addition will be unenclosed on its north, south and west sides. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance from this ordinance requirement to allow the carport addition with a reduced rear setback. Staff is supportive of the requested rear setback variance. Staff views the request as reasonable. The proposed carport addition will maintain the same six (6) foot rear setback as the existing residence. The existing house was pushed back on the lot when it was originally constructed because of the curvature of the street and front property line. The existing house is located approximately 50 feet back from the front (south) property line. The ordinance typically allows a minimum front setback of 25 feet. The proposed rear setback will be compatible with the residences to the north, along the east side of Forest Heights Drive. Staff believes the proposed carport addition with reduced rear setback will have no adverse impact on the adjacent properties or general area. C. Staff Recommendation: Staff recommends approval of the requested rear setback variance, subject to the carport portion of the addition remaining unenclosed on its north, south and west sides. Board of Adjustment (May 20, 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 4 ayes, 0 noes and 1 absent. 2 April 22, 2019 Department of Planning and Development 723 West Markham Little Rock, AR 72201 Re: 5604 Stonewall Rd., Little Rock, AR 72207 Gentlemen: In the process of remodeling and updating the residence located at 5604 Stonewall Rd., Little Rock, owner requests to add a covered carport to the front (west side) of the existing attached two car garage which will extend 25 ft. from the northwest corner of the existing garage, and will not encroach any further back (north) than the back wall of the existing garage and will not encroach into any other setback requirement on the lot. A new metal roof patio cover will be attached to the new carport roof and the roof of the residence (see attached Exhibits A-1, A-2 and A-3). The existing garage is within the 25 ft.rear yard setback requirement. This was probably done because the front setback was moved significantly beyond the front setback because of the curve at the front of the lot (see survey). Sincerely Kelley Johnson Trustee of the Kelley Johnson Family Trust dated October 29, 2007 encl. BOARD OF ADJUSTMENT VOTE RECORD DATE: 'd 1c 4JA V,/ edIVSfN f IME IN AND TIME OUT %LLISON, FRANK 3ERTRAM, JAMES 3RINDER, AUSTIN USTUS, JOE _INDSEY POLK, CAROLYN AYE NAYE ABSENT ABSTAIN Meeting Adjourned '`' ;%" P.M. "PIERTRAM, JAMES • , • •USTIN - =="m®m----m-mm-I • m-mmm®mmm---m-- • • CAROLYN ©mmm®®mmmmmm--m f IME IN AND TIME OUT %LLISON, FRANK 3ERTRAM, JAMES 3RINDER, AUSTIN USTUS, JOE _INDSEY POLK, CAROLYN AYE NAYE ABSENT ABSTAIN Meeting Adjourned '`' ;%" P.M. MAY 20, 2019 There being no further business before the Board, the meeting was adjourned at 2:04 p.m. Date: Chairman Secretary