boa_07 29 2019LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
JULY 29, 2019
2:00 P.M.
Roll Call and Finding of a Quorum
A Quorum was present being five (5) in number.
II. Approval of the Minutes of the Previous Meetings
The Minutes of the June 24, 2019 meeting were
approved.
Members Present: Frank Allison - Chairman
Richard Bertram - Vice Chair
Austin Grinder
Joe Justus
Carolyn Lindsey Polk
Members Absent: None
City Attorney Present: Sherri Latimer
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
JULY 29, 2019
2:00 P.M.
I. OLD BUSINESS:
A. Z-9427 1904 N. Cleveland Street
II. NEW BUSINESS:
1. Z-5849-B 5201 Hawthorne Road
2. Z-9375-A Southwest Corner of Mabelvale Drive and Mabelvale Circle
3. Z-9411-A 2318 N. Palm Street
4. Z-9438 7807 Illinois Street
5. Z-9439 6404 Heather Lane
6. Z-9440 10900 Otter Creek East Blvd.
7. Z-9441 6413 Beacon Street
8. Z-9442 27 Valley Estates Drive
JULY 29, 2019
ITEM NO.: A
File No.: Z-9427
Owner: Mark and Amy Sikes
Applicant: Katie Bruhl
Address: 1904 N. Cleveland Street
Description: Lot 4 and part of Lot 5, Block 2, Forest Park Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Sections
36-254 and 36-156 to allow an addition to an existing house
with reduced side setback and an accessory carport structure
with reduced side setback and separation from 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. 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.
JULY 29, 2019
ITEM NO.: A (CON'T.) Z-9427
C. Staff Analysis:
The R-2 zoned property located at 1904 N. Cleveland Street is occupied by a one-
story brick and frame single family residence. The property is located on the west
side of N. Cleveland Street, between Kavanaugh Blvd. and "R" Street. A one-car
wide driveway from N. Cleveland Street is located at the northeast corner of the
property. The driveway extends along the north side of the house to a one-car
garage at the northwest corner of the residence. A single car carport is attached to
the east end of the garage structure.
The applicant proposes to construct a one-story, 1,000 square foot addition to the
rear (west end) of the existing residence, as noted on the attached site plan. The
proposed addition will be one (1) story in height, with finished living space within the
attic area. The proposed addition will be located four (4) feet to 4.5 feet back from
the south side property line and approximately 15 feet from the north side property
line. The addition will be located over 50 feet back from the rear (west) property line.
A 10 foot wide deck will be located on the rear of the addition, also noted on the
attached site plan. The proposed deck will be uncovered and unenclosed, and
located approximately 47 feet from the rear (west) property line and 3.5 feet from
the south side property line.
The applicant also proposes to reconstruct the carport portion of the accessory
garage /carport structure. The reconstructed carport will maintain the same foot print
as the existing carport. It will be located two (2) feet to 2.5 feet from the north side
property line and separated from the proposed house addition by one (1) foot. The
carport will be located approximately 68 feet back from the front (east) property line.
The carport will be unenclosed on its north and east sides.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side
setback of six (6) feet for the principal structure on this R-2 zoned lot. Section 36-
156(a)(1)f. requires a minimum side setback of three (3) feet for accessory structures
in residential zoned areas. Section 36-156(a)(1)b. requires a minimum separation
of six (6) feet between a principal structure and an accessory structure. Therefore,
the applicant is requesting variances from these ordinance requirements to allow the
building addition and deck with a reduced side setback, and the carport
reconstruction with a reduced side setback and reduced separation from the
principal structure.
Staff is supportive of the requested variances. Staff views the request as
reasonable. The proposed addition to the house and reconstruction of the carport
structure will maintain the same side setbacks as the existing house and carport.
The proposed side setbacks will not be out of character with other properties
throughout this neighborhood. Ample separation will exist between the proposed
additions and the nearest structures to the north and south. Staff believes the
proposed addition with reduced side setback and separation will have no adverse
impact on the adjacent properties or the general area.
2
JULY 29, 2019
ITEM NO.: A (CON'T.) Z-9427
D. Staff Recommendation:
Staff recommends approval of the requested setback and separation variances,
subject to the following conditions:
1. Compliance with the Building Codes requirements as noted in paragraph B.
of the staff report.
2. The deck addition must remain uncovered and unenclosed.
3. The carport must remain unenclosed on its north and east sides.
Board of Adjustment (June 24, 2019)
Staff informed the Board that the applicant submitted a letter to staff on June 17, 2019
requesting the application be deferred to the July 29, 2019 agenda. Staff supported the
deferral request.
The item was placed on the consent agenda and deferred to the July 29, 2019 agenda.
The vote was 4 ayes, 0 noes and 1 absent.
Staff Update:
The applicant submitted a letter to staff on July 16, 2019 requesting this application be
deferred to the August 26, 2019 agenda. Staff supports the deferral request.
Board of Adjustment (July 29, 2019)
Staff informed the Board that the applicant requested this application be deferred to the
August 26, 2019 agenda. Staff supported the deferral request.
The item was placed on the consent agenda and deferred to the August 26, 2019
agenda. The vote was 5 ayes, 0 noes and 0 absent.
May 20 2019 A
z7
Department of Planning and Development
Board of Adjustment
723 West Markham
Little Rock, AR
Re: 1904 N. Cleveland Street
I am writing this letter in regards to my application for a building variance at 1904 N. Cleveland Street.
The intention is to remove a previous addition to our single - family residence and replace it with a new
addition and renovation of the existing house. The addition to be removed is approximately 27' wide by
10' deep. We would like the new addition to align with the walls of the original house, approximately 40'
wide, and extend 25' from the original house. We would also like to include a deck and a new carport to
replace the existing carport attached to our garage. On the attached site plan, you can see that aligning
the walls of the addition with the original house will fall within the building setback on the South side of
our property, and the carport replacement will fall within the North setback.
The proposed addition and renovation will remain in similar character of the neighborhood. We feel
that aligning the addition with the original house will give the entire house a more cohesive appearance,
less like an addition.
Please let us know if you require any additional information.
Thank you,
Amy Sikes
JULY 29, 2019
ITEM NO.: 1
File No.: Z-5849-B
Owner: Robert and Megan Janes
Applicant: Scott Greenwood
Address: 5201 Hawthorne Road
Description: Lot 1, Block 11, Newton's Addition
Zoned: R-2
Variance Requested: A variance is requested from the fence height provisions of
Section 36-516 to allow a fence which exceeds the maximum
height allowed.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
1. City of Little Rock Code of Ordinances §30-43(b) prohibits the installation of
retaining walls on public property.
2. The proposed fence creates an unnecessary visual obstruction and hazard to
d rivers.
3. The Public Works staff does not seek removal of existing landscaping
improvements at this location and at the time of this review; however, new
construction of fences, walls or other barriers within the public right-of-way is not
permitted.
Staff Update:
The applicant contacted staff on July 16, 2019 and requested this application be
deferred to the August 26, 2019 agenda in order to work out details with the Public
Works Department. Staff supports the deferral request.
Board of Adjustment (July 29, 2019)
Staff informed the Board that the applicant requested this application be deferred to the
August 26, 2019 agenda. Staff supported the deferral request.
The item was placed on the consent agenda and deferred to the August 26, 2019
agenda. The vote was 5 ayes, 0 noes and 0 absent.
Robert and Megan Janes
5201 Hawthorne Road
Little Rock, AR 72223 6/25/2019
The following is a request to extend existing 18" tall flower bed and curb headed North 30' and to return
back West to tie into front steps. We also request to extend the existing 48" tall fencing on the East side
of the house headed North 26' and to return West into existing front step stone veneer. We request a
variance to have this new fencing and the existing fencing on the East side of the property to be 6' tall
above the finished stone terrace. Fence construction will be concrete with a stucco veneer on all sides
with one 40" walk gate to access the driveway.
This request will be helpful to create more security on this side of the house which has two existing large
French door entrance. Currently the open iron low fencing is easily accessible for potential intruders.
The lower flower bed will be planted with similar evergreens to the existing plants.
JULY 29, 2019
ITEM NO.: 2
File No.: Z-9375-A
Owner: Ruffin Excavating, Inc.
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 buffer provisions of Section
36-522 to allow a reduced land use buffer.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Undeveloped
Proposed Use of Property: Excavation Company office and equipment yard
STAFF REPORT
A. Public Works Issues:
No Comments
B. Landscape and Buffer Issues:
1. Site plan must comply with the City's minimal landscape /buffer ordinance.
2. A land use buffer six (6) percent of the average width /depth of the lot is required
adjacent to the west R-2 zoned property. The approximate width of the lot is
415 feet requiring a minimum twenty-five (25) foot buffer. A minimum of
seventy (70) percent of the land use buffer shall be undisturbed. Easements
cannot count toward fulfilling this requirement. The plantings, existing and
purposed, shall be provided within the landscape ordinance of the city, section
15-102. In addition to maintain the existing vegetation the minimum landscape
requirements for this area would require plant materials to be installed at the rate
of one (1) tree and three (3) shrubs for every thirty (30) linear feet. As a
component of all land use buffer requirements an evergreen screen or opaque
fence a minimum of six (6) feet in height will need to be placed along the west
property line.
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
JULY 29, 2019
ITEM NO.: 2 (CON'T.) Z-9375-A
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.
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 fueling 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.
On December 10, 2018 the Board of Adjustment approved a variance for the project
to allow the gravel equipment storage /maintenance yard.
The approved site plan included a 25 foot wide land use buffer along the west
property line (510 feet) where adjacent to R-2 zoned property. The buffer area was
mostly tree covered. The applicant recently began doing some site work on the
property. As part of the work, the applicant inadvertently cleared the trees within a
portion of the land use buffer, as noted on the attached site plan. The tree clearing
within the required buffer area occurred mainly within the south half of the buffer
area.
Section 36-521(f) of the City's Zoning Ordinance requires that a minimum of 70
percent of a required land use buffer be undisturbed. In staffs opinion over 30
percent of the required land use buffer has been disturbed. Approximately 110 feet
of the overall buffer length (510 feet) has been completely cleared of trees.
Therefore, the applicant is requesting a variance to allow the area of the required
land use buffer which has been disturbed.
Staff is supportive of the requested buffer variance. Staff's support is based on the
fact that the applicant is proposing to submit a mitigation plan to re-establish the
buffer area which was disturbed. The mitigation plan is to include landscaping and
screening for the buffer area. The mitigation plan must be approved by staff. Staff
will require that the buffer area be re- established prior to a certificate of occupancy
being issued for the new building construction. Staff believes that the re-
establishment of the disturbed buffer area will have no adverse impact on the
adjacent property to the west.
2
JULY 29, 2019
ITEM NO.: 2 (CON'T.) Z-9375-A
D. Staff Recommendation:
Staff recommends approval of the requested buffer variance, subject to the following
conditions:
1. Compliance with the landscape and buffer requirements as noted in
paragraph B. of the staff report.
2. The applicant must submit a mitigation plan for the disturbed buffer area to
include landscaping and screening.
3. The buffer area which was disturbed must be re- established as per an
approved mitigation plan, prior to a certificate of occupancy being issued for
the new building construction.
Board of Adjustment (July 29, 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 5 ayes, 0 noes and 0 absent.
SMITH AND GOODSON
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
�- g375 �
June 25, 2019
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:
As we discussed the owner bush hogged a portion of the required 25' buffer along the west
property line. The owner proposes to submit a mitigation plan to re- establish the buffer. It is our
understanding the matter will have to go back to the Board of Adjustment for approval. With this
application request to be placed on the next available Board of Adjustment agenda.
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
JULY 29, 2019
ITEM NO.: 3
File No.: Z- 9411-A
Owner: 2318 N. Palm LLC
Applicant: Fred Lord
Address: 2318 N. Palm Street
Description: Lots 9-12, Block 9, Country Club Heights
Zoned: R-2
Variance Requested: A variance is requested from the height provisions of Section
36-254 to allow a new residence with increased building
height.
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 2318 N. Palm Street is occupied by a two-story
brick single family residence located near the center of the overall property. The
property is located on the west side of N. Palm Street, at the north end of the street
where it dead-ends into the Little Rock Country club golf course. A one-car wide
driveway from N. Palm Street is located near the southeast corner of the property.
An accessory structure is located along the south property line.
The applicant proposes to remove the existing residence and accessory structure
from the property, and construct a new two-story residence and accessory structure.
The proposed residence and accessory structure will occupy essentially the same
foot print as the existing structures, and will have a similar architectural style. The
proposed residence will be located 25 feet back from the front (east) property line
and 20.5 feet (at its closest point) from the rear (west) property line. The proposed
residence will be located 42.6 feet from the north side property line and over 50 feet
from the south side property line. The proposed accessory (detached) structure will
be located 51 feet back from the front (east) property line, approximately 60 feet
from the rear (west) property line and 10.8 feet from the south side property line.
The accessory structure will be separated from the principal structure by 16.6 feet.
JULY 29, 2019
ITEM NO.: 3 (CON'T.) Z-9411-A
On April 29, 2019 the Board of Adjustment approved setback variances associated
with the new home construction.
Since the previous approval, the owners of the property have decided to finish out
the basement of the new proposed house. The height of the house as measured
from the finished floor of the first level will be 30 feet — 9 inches. The height as
measured from the finished floor of the basement level will be 41 feet — 2 1/2 inches.
Approximately eight (8) feet of this overall height will be below grade.
The City's Zoning Ordinance definition of "building height" is as follows:
"Building height means the vertical distance as
measured through the central axis of the building
from the elevation of the lowest finished floor
level to the highest point of ceiling of the top story
in the case of a flat roof; to the deck line of a
mansard roof; and to the mean height level be-
tween the eaves and ridge of a gable, hip or a
gambrel roof. This definition shall not be deemed
to include church steeples, bell towers, antennas,
chimneys, or other similar structural embellishments."
Section 36- 254(c) of the City's Zoning Ordinance allows a maximum building height
of 35 feet for structures in R-2 zoning. Therefore, the applicant is requesting a
variance to allow the increased building height as measured from the finished floor
of the basement level.
Staff is supportive of the requested building height variance. Staff views the request
as reasonable. If the residence had no finished basement the building height would
be 30 feet — 9 inches. The residence will have a height of approximately 33 feet as
measured from the finished grade of the lot. The proposed residence will have a
building height which will be compatible with many other multi-story residences in
this neighborhood. Staff believes the building height as proposed will have no
adverse impact on the surrounding properties or the neighborhood.
C. Staff Recommendation:
Staff recommends approval of the requested building height variance, as filed.
Board of Adjustment (July 29, 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 5 ayes, 0 noes and 0 absent.
2
Fred Ford, Builder, Inc.
P.O. Sox 17567, Little Rock, AR 72222-7567
June 25, 2019
City of Little Rock
Department of Planning and Development
723 W Markham Street
Little Rock Ar. 72202
Dear Board of Adjustment'
501-821-1212 flbldr @aol.com
The owners at 2318 N. Palm Street are seeking a variance in the 35' height restriction in order
to include a finished basement in their new home.
If the house were built on a typical crawlspace, the height measured from the lowest finished
floor would be 30'-9 ", well within the 35' height restriction.
Because we are proposing to add a basement below grade, the total height measured from the
lowest finished floor will now be 40'- 21/2 ", approximately 8' of which will be below grade.
Owners feel that the view of the home from the street and surrounding areas will be in keeping
with the other homes in the area.
Thank you for your consideration in this matter.
Sincerely,
Fred Lord
Agent for 2318 N. Palm LLC
JULY 29, 2019
ITEM NO.: 4
File No.: Z-9438
Owner /Applicant: Cheryle Fox
Address: 7807 Illinois Street
Description: Lot F, Block 1, Killarney 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 carport addition with reduced front and side setbacks
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 7807 Illinois Street is occupied by a one-story
brick and frame single family residence. The property is located on the south side
of Illinois Street, west of N. Mississippi Street. A two-car wide driveway from Illinois
Street is located at the northeast corner of the lot. The lot contains a 25 foot front
platted building line.
The applicant recently began construction of a two-car wide attached carport over a
portion of the existing driveway, as noted on the attached site plan. The carport
structure is approximately 18.5 feet by 23.5 feet in area. The structure is unenclosed
on its north, east and west sides. The carport addition is located approximately five
(5) feet from the front (north) property line, extending approximately 20 feet across
the front plated building line. The carport addition is located five (5) feet from the
east side property line. Construction on the carport addition ceased when a notice
of violation was issued to the applicant by the City's zoning enforcement staff.
Sections 36-254(d)(1) and (2) of the City's Zoning Ordinance require a minimum
front setback of 25 feet and a minimum side setback of 6.25 feet. Section 31-12(b)
JULY 29, 2019
ITEM NO.: 4 (CON'T.) Z-9438
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 building addition with reduced
front and side setbacks and which crosses a front platted building line.
Staff does not support the requested setback and building line variances. Staff does
not view the request as reasonable. The proposed front setback and building line
encroachment will be very much out of character with the general area and most
specifically the other residences along the south side of Illinois Street, between
Biscayne Drive and N. Mississippi Street. There are no other similar encroachments
along this portion of Illinois Street or other surrounding streets. Staff believes the
proposed carport addition with front setback and building line encroachments has
an adverse visual impact on the surrounding properties.
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 addition.
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 denial of the requested setback and building line variances.
Board of Adjustment (July 29, 2019)
Cheryle Fox was present, representing the application. There were no objectors
present. Staff presented the application with a recommendation of denial.
Cheryle Fox addressed the Board in support of the application. She noted that a friend
was helping her build the carport addition and that the friend was not a contractor. She
explained that the carport would allow safe access to her house and for possible future
wheelchair access. She noted that the carport addition was unenclosed.
Chairman Allison noted that the proposed front setback was a significant encroachment
and was out of character with the area. There was a brief discussion regarding the
carport encroachment and reasons for the proposed depth of the carport.
There was additional discussion about the possibility of Ms. Fox revising the application
by decreasing the size /depth of the proposed carport addition, thereby increasing the
front setback. The Board indicated to Ms. Fox that letters of support from immediate
neighbors could help her case for a reduced front setback.
Ms. Fox requested that the application be deferred to the August 26, 2019 agenda to give
her time to explore her options. A motion was made to defer the application to the August
26, 2019 agenda. The vote was 5 ayes, 0 noes and 0 absent. The application was
deferred.
2
+3
This proposal is to request and substantiate the grant of a variance for a covered area at
7807 Illinois Street, Little Rock Arkansas72227.
The petitioner's need for this covering stems from a disability and handicapped need.
The covering would provide additional safety to prevent falls from standing water and ice on
driveway.
The structure will allow parking on property. The neighbors would not be burdened with
having to navigate around more parked vehicles in a quiet residential neighborhood. There are
similar structures on this street as well as adjacent streets. Therefore granting this variance
would not represent any unique or special privilege.
The architecture was intentionally designed with all sides open to present a low-key
profile. The granting of such variance will not be detrimental to public welfare and causes no
harm to either public or private interest. In fact granting this proposal will serve only to create a
more visually pleasing home.
Additionally the proposed variance being requested does not encroach or infringe on
any neighboring properties, nor would it impose hardship on any neighbors. It would not serve
to create a situation where any neighbor's quality of life, property value, or peaceful co-
existence would be negatively affected. It will allow petitioner to create a safer entrance to
home.
Thank you for your consideration. Respectfully submitted,
Cheryle Fox
Attachments enclosed
Ir 'I II
DISABLED PERSON'S
ACCESS TO PARKING APPLICATION
For Issuance of Special License Plate or Placard for a Disabled Person
Name: CHERYLE J FOX
Address: 7807 ILLINOIS ST
LITTLE ROCK AR 72227-4005
Disability Code: A - CANNOT WALK 100FT Letter ID: L0808869728
Issue Date: 11-Jun-2019
Plate or Placard Number: g939075
Vehicles qualified to display Special Plate or Placard is as follows: Passenger Vehicles
(automobiles), Light Trucks (including vans), with % ton or less manufacturer's rated capacity
or larger vehicles (placard only) if the vehicle is specially adapted for use by disabled
individuals through the use of lift, ramp, hand controls, etc.
I hereby certify that I am qualified to display the Special License Plate or Placard authorized by
Arkansas Code 27-15-308., which states that if the applicant, dependent of the applicant or any
individual who depends primarily on the applicant for more than 60% of his /her transportation is
disabled as determined by a physician according to the criteria listed in the Act (see doctor's
certification form) or if the applicant is an organization, the owner of the vehicle may apply for a
Special Plate or Placard.
Signature of Applicant
Address:
rm081 You can skip the trip to the DMV by completing many driver and
motor vehicle services online at mydmv.arkansas.gov.
JULY 29, 2019
ITEM NO.: 5
File No.: Z-9439
Owner /Applicant: Marilyn Grady
Address: 6404 Heather Lane
Description: Lot 34, Block 9, Richland 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 carport addition with reduced front and side setbacks
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 6404 Heather Lane is occupied by a one-story
frame single family residence. The property is located on the north side of Heather
Lane, between Richland Drive and Loma Drive. A two -car wide driveway from
Heather Lane is located at the southeast corner of the property. The lot contains a
25 foot front platted building line.
The applicant proposes to construct a two -car wide metal carport addition to the front
of the residence, as noted on the attached site plan. The proposed carport addition
will be 20 feet by 20 feet in area. The structure will be unenclosed on its south, east
and west sides. The carport addition will be located approximately nine (9) feet from
the front (south) property line, extending approximately 16 feet across the front
platted building line. The carport addition will be located approximately two (2) feet
from the east side property line.
Sections 36- 254(d)(1) and (2) of the City's Zoning Ordinance require a minimum
front setback of 25 feet and a minimum side setback of six (6) feet. Section 31-12(b)
of the Subdivision Ordinance requires that building line encroachments be reviewed
JULY 29, 2019
ITEM NO.: 5 (CON'T.) Z-9439
and approved by the Board of Adjustment. Therefore, the applicant is requesting
variances from these ordinance standards to allow the building addition with reduced
front and side setbacks and which crosses a front platted building line.
Staff does not support the requested setback and building line variances. Staff does
not view the request as reasonable. The proposed front setback and building line
encroachment will be out of character with the general area and the other residences
along both sides of Heather Lane. There is one (1) similar encroachment with a
metal carport addition immediately to the east at 6406 Heather Lane. Staff believes
this carport structure was constructed within the last five (5) years and constitutes a
zoning violation. Staff will initiate enforcement on this violation. Otherwise, there
are no similar encroachments along either side of Heather Lane. Staff believes the
proposed carport addition with front setback and building line encroachments will
have an adverse visual impact on the surrounding properties.
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 addition.
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 denial of the requested setback and building line variances.
Board of Adjustment (July 29, 2019)
Marilyn Grady was present, representing the application. There were no objectors
present. Staff presented the application with a recommendation of denial.
Marilyn Grady indicated that she wished not to speak at this time.
Chairman Allison noted that he would like to see the carport addition centered over the
driveway and pulled away from the side property line. Carolyn Lindsey-Polk noted that
the carport addition could be placed along side of the house in addition to the front of
the residence, if the company making the carport had that flexibility.
Vice -Chair Bertran asked what company would be making and installing the carport.
Ms. Grady noted that it would be Custom Covers of Arkansas. She presented
paperwork/brochures from that company to the Board.
There was additional discussion about the possibility of Ms. Grady revising the
application by centering the carport addition over the existing driveway and decreasing
the size /depth of the proposed carport addition, thereby increasing the front setback.
The Board indicated to Ms. Grady that letters of support from immediate neighbors
could help her case for reduced front setback.
2
JULY 29, 2019
ITEM NO.: 5 (CON'T.) Z-9439
Ms. Grady requested that the application be deferred to the August 26, 2019 agenda to
give her time to explore her options. A motion was made to defer the application to the
August 26, 2019 agenda. The vote was 5 ayes, 0 noes and 0 absent. The application
was deferred.
3
JULY 29, 2019
ITEM NO.: 6
File No.: Z-9440
Owner: Glass Erectors LLC
Applicant: Gary Smith
Address: 10900 Otter Creek East Blvd.
Description: Lot 2, Area 103, Tract A, Otter Creek Industrial Park
Zoned: I-2
Variance Requested: A variance is requested from the paving provisions of Section
36-508 to allow a gravel parking area.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Glass and Glazing Subcontractor
Proposed Use of Property: Glass and Glazing Subcontractor
STAFF REPORT
A. Public Works Issues:
1. City of Little Rock Code of Ordinances §29-61(b) requires that a strormwater
management and drainage plan be approved by the Public works prior to
construction.
2. Submit a grading and drainage plan to the Public Works department prior to
construction. The grading and drainage plan should show erosion controls to
be used during construction, show the location of stormwater detention areas,
and provide supporting hydraulic calculations.
3. Installation of gravel parking is not prohibited by ordinance; however, Public
Works staff opinion is that gravel parking contributes to increased sediment in
runoff and impervious parking, such as concrete or asphalt is recommended.
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. Any new development
shall adhere to the current landscape code.
2. Any existing landscape or irrigation disturbed by construction shall be repaired or
replaced before completion and final acceptance of the project.
C. Staff Analysis:
The I-2 zoned property located at 10900 Otter Creek East Blvd. is occupied by a
one-story office /warehouse building. The property is located on the west side of
JULY 29, 2019
ITEM NO.: 6 (CON'T.) Z-9440
Otter Creek East Blvd., south of Mabelvale West Road, and contains 2.0 acres. Two
(2) driveways from Otter Creek East Blvd. serve as access to the property. Paved
parking is located on the north and east sides of the building. Large truck access to
the building is located on the building's north side and at the southeast corner (east
side ) of the building.
The applicant recently placed an area of hard-packed gravel along the north side of
the existing paved parking /drive area, as noted on the attached site plan. The gravel
area is approximately 23 feet by 120 feet in area. The applicant placed the gravel
area in order to have additional space for large truck turnaround and for additional
parking during peak employment periods.
Section 36-508 of the City's Zoning Ordinance requires that all vehicular use areas
be paved. Therefore, the applicant is requesting a variance from this ordinance
requirement to allow the gravel vehicular maneuvering /parking area.
Staff is supportive of the requested paving variance. Staff views the request as
reasonable. The proposed gravel area is relatively small in size and will be used on
a very limited basis. The property is located in an industrial park area. Other
properties in this general area have been granted variances to have gravel vehicular
use areas for large truck traffic. Staff believes the relatively small gravel area will
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 and Landscape /Buffer requirements as
noted in paragraph A and B of the staff report.
2. The gravel use area must be hard packed and maintained as to not allow
rutting, pot holes, standing water or dust.
Board of Adjustment (July 29, 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 5 ayes, 0 noes and 0 absent.
2
glasserectors
June 21, 2019
Mr. Monte Moore
Department of Planning & Development
723 West Markham St,
Little Rock, AR 72201-1334
Dear Mr. Moore,
We are requesting a variance to the paving provisions of section 36 -508 of the Little Rock code.
It is our desire to have a small gravel parking area as an expansion of the existing drive and
parking lot.
This area is hard packed gravel used primarily for a truck turnaround and minimal additional
parking during peak employment periods. Our concrete drive is approximately 64 feet wide but
larger trucks tend to go off the drive into the grass. We are attempting to provide slightly more
area to accommodate these trucks.
Thank you for assisting me in this matter.
Sincerely,
Gary Smith
President
P O Box 30005 • Little Rock, AR 72260-0005
501.455.1324 Phone • 501.455.0364 Fax • glasserectors.com
JULY 29, 2019
ITEM NO.: 7
File No.: Z-9441
Owner: Smart Development LLC
Applicant: Anthony Otwell
Address: 6413 Beacon Street
Description: Lot 51, Westover Hills Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section
36-254 to allow a new residence with 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 6413 Beacon Street is occupied by a one-story
frame single family residence. A one-car wide driveway from Beacon Street is
located near the northwest corner of the property. The southwest corner of the
existing house is located 17.5 feet from the rear (south) property line. The deck
portion of the residence is located 2.5 feet to seven (7) feet back from the rear
property line. The property has an overall lot depth ranging from 80 feet to 100 feet.
The applicant proposes to remove the existing house from the property 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 (north) property
line, eight (8) feet from the east side property line, over 22 feet from the west side
property line, and 14.5 feet to 23 feet from the rear (south) property line. The small
porch section of the residence (10 feet wide) will be located 10.5 feet to 13 feet back
from the rear property line.
JULY 29, 2019
ITEM NO.: 7 (CON'T.) Z-9441
Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear
building setback of 25 feet for R-2 zoned lots. Therefore, the applicant is requesting
a variance to allow the new residence with a reduced rear setback.
Staff is supportive of the requested setback variance. Staff views the request as
reasonable. As noted previously, the lot has a fairly shallow lot depth of 80 to 100
feet. A typical residential lot has a depth of 140 feet or more. Therefore, the
buildable lot area from front to back is somewhat limited. The rear setback
associated with the proposed residence is similar in nature to the existing house,
which has rear setbacks ranging from 2.5 feet to 17.5 feet. Staff believes the
proposed new residence with reduced rear setback will have no adverse impact on
the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested rear setback variance, as filed.
Board of Adjustment (July 29, 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 5 ayes, 0 noes and 0 absent.
N
Smart Development LLC
10801 Barrett Road
Roland Ar. 72135
(501) 773-7918
RE: Letter of Intent and Request for Variance for 6413 Beacon Street Little Rock, AR 72207
This letter is in support of our request for a variance for the rear yard setback for an existing non-
conforming residential lot. We would tear down the existing home and rebuild a new single family
home with a two car garage approximately 2900 sq. feet.
The new home will be to the footprint presented in our application. We are requesting this variance
due to the severe hardship building within the irregularities of this lot along with meeting current
setback requirements.
The current home that sits on 6413 Beacon Street is also over the 25 foot rear setback. The southwest
corner of the home sits nearly 10 feet over the line do the severity of the narrowing of the lot to the
west. Also there is deck that is built almost to the rear property line.
This home will not be a burden to neighbors. It would be similar to the homes existing and an
asset to the neighborhood. Please approve our request due the enormous irregularities of this lot.
Respectfully
Anthony Otwell
Smart Development LLC
JULY 29, 2019
ITEM NO.: 8
File No.: Z-9442
Owner: Nicholas and Crystal Brucker
Applicant: Doug Greenwood
Address: 27 Valley Estates Drive
Description: Lot 26, Pleasant Valley Estates Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section
36-254 to allow a porch addition with 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 27 Valley Estates Drive is occupied by a two-
story single family residence. The property is located near the north end of Valley
Estates Drive, north of Hinson Road. A two-car wide driveway from Valley Estates
Drive is located at the southwest corner of the lot. The lot contains a 36.5 foot front
platted building line.
The applicant proposes to construct a covered porch over a portion of an existing
patio area within the rear yard area, as noted on the attached site plan. The
proposed patio cover will be approximately 17 feet by 21.5 feet in area. The
proposed addition will be located approximately 16 feet to 26.5 feet back from the
rear (east) property line. The proposed patio cover will be unenclosed on its north,
south and east sides.
Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear
setback of 25 feet. Therefore, the applicant is requesting a variance to allow a
reduced rear setback for the proposed covered patio addition.
JULY 29, 2019
ITEM NO.: 8 (CON'T.) Z-9442
Staff is supportive of the requested rear setback variance, as filed. Staff views the
request as reasonable. The lot has a relatively narrow width at the front property
line and a 36.5 foot front platted building line. Therefore, the majority of the single-
family structure is located over 60 feet back from the front property line, which
reduces the amount of buildable rear yard area. Only approximately 100 square feet
of the proposed covered patio will be located within the 25 foot rear setback area.
Staff believes the proposed covered patio with reduced rear setback will have no
adverse impact on the surrounding properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested rear setback variance, subject to the
covered patio area remaining unenclosed on its north, south and east sides.
Board of Adjustment (July 29, 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 5 ayes, 0 noes and 0 absent.
2
DRG
Builders Inc.
12 Bordeaux Ct. • Little Rock, Arkansas 72211
Office: 501.312.9236 • Fax: 501.228.4997
To whom it my concern,
We (DRG Builders, Inc. & Mr. and Mrs. Nicholas Brucker)
propose to construct a covered porch (as shown on attached survey)
on the rear portion of the dwelling located at Lot 26 Pleasant Valley
Estates, to the City of Little Rock, Pulaski County, Arkansas. As you
can see, the lot has an interesting shape that made placing the home
in the original construction a challenge. The house was moved back
from the front building line during the original construction to fit this
lot. The dwelling site has plenty of yard space so the proposed
addition will not crowd the existing space. The covered porch
proposal will have a vaulted ceiling that will be open on the outside
end for a clear view. Thank you in advance for your consideration for
our proposal of the covered porch.
Sincerely,
Doug Greenwood
DRG Builders, Inc.
12 Bordeaux Court
Little Rock, AR 72211
501-680-9223
Pleasant Valley Estates Property Owners Association
P.O. Box 25931
Little Rock, AR 72221
Dr. and Mrs. Cole Brucker
27 Valley Estates Drive
Little Rock, AR 72212
June 21, 2019
Dear Dr. and Mrs. Brucker,
This letter is to confirm that the Pleasant Valley Estates Property Owners Association ( PVEPOA) Board
reviewed the attached Architectural plans for your outdoor patio renovation you submitted on August 2,
2017. The board approved your submitted plans on August 7, 2017.
Please alert the board if your builder makes any changes to the attached Architectural plans approved by
the board.
Thank you,
Ashley Meggers
PVEPOA Secretary
BOARD OF ADJUSTMENT VOTE RECORD
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JULY 29, 2019
There being no further business before the Board, the meeting was adjourned at 2:40
p.m.
Date.
Chairman Secretary