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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 DATE: 2 6( 26� 9 �onrs �Nt' gu��✓bA Asi its Ale Ai,fAAA TIME IN AND TIME OUT ALLISON, FRANK ALLISON, FRANK BERTRAM, JAMES /Al BERTRAM, JAMES GRINDER, AUSTIN y1frf �GRINDER, AUSTIN JUSTUS, JOE TIME IN AND TIME OUT ALLISON, FRANK BERTRAM, JAMES /Al GRINDER, AUSTIN y1frf JUSTUS, JOE LINDSEY POLK, CAROLYN AYE NAYE ,ABSENT ABSTAIN Meeting Adjourned Z"qc P.M. _k5 JULY 29, 2019 There being no further business before the Board, the meeting was adjourned at 2:40 p.m. Date. Chairman Secretary