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boa_09 30 2019LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES SEPTEMBER 30, 2019 2:00 P.M. I.Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. II.Approval of the Minutes of the Previous Meetings The Minutes of the August 26, 2019 meeting were approved. Members Present: Frank Allison -Chairman Austin Grinder Joe Justus Carolyn Lindsey Polk Members Absent: Richard Bertram -Vice Chair City Attorney Present: Sherri Latimer LITTLE ROCK BOARD OF ADJUSTMENT AGENDA SEPTEMBER 30, 2019 2:00 P.M. I.OLD BUSINESS: A.Z-5849-B 5201 Hawthorne Road B.Z-3459-K 11 Mabelvale Plaza Lane II. NEW BUSINESS: 1.Z-9452 1800 Pine Valley Road 2.Z-9453 5413 "C" Street 3.Z-9454 5205 Kavanaugh Blvd. SEPTEMBER 30, 2019 ITEM NO.: A 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 drivers. 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. SEPTEMBER 30, 2019 ITEM NO.: A (CONT.) Z-5849-B 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. Staff Update: The applicant contacted staff on August 13, 2019 and requested this application be deferred to the September 30, 2019 agenda in order to work out details with the Public Works Department. Staff supports the deferral request. Board of Adjustment (August 26, 2019) Staff informed the Board that the applicant requested this application be deferred to the September 30, 2019 agenda. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the September 30, 2019 agenda. The vote was 4 ayes, 0 noes and 1 absent. Staff Update: The applicant contacted staff on September 17, 2019 and requested this application be withdrawn. Staff supports the withdrawal request. Board of Adjustment (September 30, 2019) Staff informed the Board that the applicant requested this application be withdrawn. Staff supported the withdrawal request. The item was placed on the consent agenda and withdrawn. The vote was 4 ayes, 0 noes and 1 absent. 2 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. SEPTEMBER 30, 2019 ITEM NO.: B File No.: Z-3459-K Owner: Home Depot USA, Inc. Applicant: Jill Hopkins, Anchor Sign Address: 11 Mabelvale Plaza Lane Description: South side of Mabelvale Plaza Lane at Mabelvale Pike Zoned: C-3 Variance Requested: A variance is requested from the sign provisions of Section 36-555 to allow a ground-mounted sign with increased height. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial (Home Depot Store) Proposed Use of Property: Commercial (Home Depot Store) STAFF REPORT A Public Works Issues: No Comments. B.Staff Analysis: The C-3 zoned property located at 11 Mabelvale Plaza Lane is occupied by an existing Home Depot development. A large commercial building with outdoor garden center is located within the south half of the property. Paved parking is located with the north half of the property. Three (3) driveways from Mabelvale Plaza Lane serve as access to the property. An existing ground-mounted sign is located at the northwest corner of the property. The existing sign is 35 feet tall, with 160 square feet of sign area. The applicant proposes to raise the height of the existing ground-mounted sign from 35 feet to 70 feet. The applicant notes that the proposed sign height is requested so that the sign can be seen above the existing trees around the sign location. Section 36-555(a)(2) of the City's Zoning Ordinance allows a maximum sign height of 36 feet and a maximum sign area of 160 square feet for signs in commercial zoning. Therefore, the applicant is requesting a variance to allow the increased sign height of 70 feet. Staff does not support the requested sign height variance. Staff does not view the request as reasonable. Although there are some taller ground-mounted sign in this SEPTEMBER 30, 2019 ITEM NO.: B (CON'T.) Z-3459-K general area, staff feels that the proposed sign with increased height at this location will serve no real purpose. Given the location of existing trees, existing roadways and the 1-30 off-ramp to the west, staff believes that the sign will have no real value in identifying the property and directing vehicular traffic to the site. C.Staff Recommendation: Staff recommends denial of the requested sign height variance. Board of Adjustment (August 26, 2019) Jasper Burton was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Jasper Burton addressed the Board in support of the application. He explained that this Home Depot location was having a problem with people not being able to find the store, which was causing the store to have financial problems. He noted that the existing sign cabinet would be re-used on the taller pole. He explained that the Home Depot management felt that the taller sign would benefit the store. In response to a question from the Board, Mr. Burton estimated the trees surrounding the sign location to be approximately 50 feet tall. Mr. Burton requested that the application be deferred to the September 30, 2019 agenda in order to prepare more information for the Board. A motion was made to defer the application to the September 30, 2019 agenda. The vote was 4 ayes, 0 noes and 1 absent. The application was deferred. Board of Adjustment (September 30, 2019) Jasper Burton and Paul Ganz were present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Jasper Burton addressed the Board in support of the application. He presented photos of the proposed sign height and explained. Paul Ganz, District Manager for Home Depot, also spoke in support. He explained that trees blocked the view of the existing ground sign. He explained that Home Depot had invested in the property and needed the extra sign height to help the store by identified by potential customers. He noted that the taller sign was needed to help grow the business. Chairman Allison asked if the existing trees could be cut back or removed around the existing sign location. Mr. Ganz noted that the property owner had cut some trees, but wished to not cut back or remove any more. 2 SEPTEMBER 30, 2019 ITEM NO.: B (CON'T.) Z-3459-K There was a brief discussion regarding the amount of signage allowed by ordinance along an interstate highway and the specific request. There was a motion to approve the application. The motion passed by a vote of 3 ayes, 1 nay and 1 absent. The application was approved. 3 AnchorSign� July 23, 2019 City of Little Rock, AR Attn: Monty Moore Department of Planning and Development 723 West Markham Street Little Rock, AR 72201 Phone: 501-371-4792 Dear Monty: In regards to: The Horne Depot (HD-8919) 11 Mabelvale Plaza Lane Little Rock, AR 72209 Enclosed, please find a check for $65.00 for variance fees, an affidavit, a zoning variance application, and six sets of site plans and sign drawings for a variance to deviate from the signs permitted in commercial zones provision Section 36.555. We wish to increase the height of the pole sign from 35' to 70' to be seen above the trees that are obstructing the view of the sign. Please contact me right away if there is anything else that you will need or if you have any questions. Sincerely, Jill Hopkins Permit Coordinator Direct: 843-576-3241 Fax: 843-576-7241 Toll-Free: 800-213-3331 Email: jhopkins@anchorsign.com P.O. Box 22737•Charleston, SC 29413 Charleston 843.747.5901 •Toll Free 1.800.213.3331 · Fax 843.747.5907 www.AnchorSign.com SEPTEMBER 30, 2019 ITEM NO.: 1 File No.: Z-9452 Owner: Joni Bates Applicant: Thomas Aureli Address: 1800 Pine Valley Road Description: Lot 245, Kingwood Place Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a building addition with a 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 1800 Pine Valley Road is occupied by a one­ story frame single family residential structure. The property is located at the intersection of Pine Valley Road and Rockwood Road. A two-car wide driveway at the southwest corner of the lot serves as access. There is a one-car wide garage at the west end of the residence. The lot contains a 30 foot front platted building line along the Pine Valley Road/Rockwood Road property line. The applicant proposes to construct a two-car garage addition to the west end of the residence and a screened-in porch addition to the east end of the residence, as noted on the attached site plan. The proposed garage addition will be located 6.33 feet to 27 feet back from the west side property line and 10.5 feet to 22.5 feet back from the front (south) property line. The proposed garage addition will cross the 30 foot front platted building line by 7.5 feet to 19.5 feet. The southeast corner of the proposed porch addition will be located 29 feet back from the front (south) property line, crossing the front platted building line by one (1) foot. SEPTEMBER 30, 2019 ITEM NO.: 1 (CONT.) Z-9452 Sections 36-254(d)(1) and (2) of the City's Zoning Ordinance requires a minimum front setback of 25 feet and a minimum side setback of eight (8) feet. Section 31- 12(b) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the garage addition with reduced front and side setbacks and which crosses a front platted building line, and the porch addition which also crosses the front platted building line. Staff does not support the requested setback and building line variances. Staff does not view the request as reasonable. The front setback variance proposed is fairly substantial and will not be compatible with other properties in this immediate area. Staff believes the proposed garage addition could have an adverse visual impact on the adjacent properties, especially the property immediately to the west. 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 additions. 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 (September 30, 2019) Staff informed the Board that the applicant requested this application be deferred to the October 28, 2019 agenda. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the October 28, 2019 agenda. The vote was 4 ayes, 0 noes and 1 absent. 2 August 26, 2019 City of Little Rock Department of Planning and Development 723 W. Markham Little Rock, AR 72201 Dear Zoning Administrator, This letter is to request a zoning variance for the property located at 1800 Pine Valley Road, Little Rock, AR 72207, aka Lot 245, Kingwood Place, an Addition to the City of Little Rock, Pulaski County, Arkansas. The variance request is for the addition of a two car garage on the southwest side of the existing dwelling and a porch on the east side ( see the attached drawing). The house is approximately 70 years old and was built with a relatively small single car garage which was consistent with the times in the 1950's. The property is pie-shaped in nature and the existing house comers are already located at the front yard setback lines. The only way to expand or to add to the existing garage and porch will require a zoning variance on both the front yard setback and the side yard setback on the west side of the residence. We respectfully submit our application and supporting information for the variance request. Please let us know if any additional is needed. Sincerely, Joni Bates Tommy Aureli � SEPTEMBER 30, 2019 ITEM NO.: 2 File No.: Z-9453 Owner/Applicant: Greyson Skokos Address: 5413 "C" Street Description: Lot 3, Block 16, Pfeifer's Addition Zoned: R-3 Variance Requested: Variances are requested from the area provisions of Section 36-156 and the fence provisions of Section 36-516 to allow accessory structures with reduced front setback and a fence with increased 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.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. C.Staff Analysis: The R-3 zoned property located at 5413 "C" Street is occupied by a one-story frame single family residence. The property is located on the south side of "C" Street, between N. Polk and N. Tyler Streets. The existing single family residence is located SEPTEMBER 30, 2019 ITEM NO.: 2 (CONT.) Z-9453 within the rear portion of the lot, at the rear (south) property line. A portion of the front yard area is comprised of a concrete pad which has been utilized for parking in the past. A small arbor structure previously existed at the northwest corner of the property, along the front (north) property line. The applicant proposes to construct a new arbor structure at the northwest corner of the property, as noted on the attached site plan. The proposed arbor structure will be 26 feet by 18 feet in area. It will be located on the front (north) property line (zero (0) setback) and approximately three (3) feet from the west side property line. The applicant also proposes to construct a 10 foot by 14 foot storage building within the front yard area, also noted on the attached site plan. The proposed storage building will be located approximately six (6) feet back from the front (north) property line and three (3) feet from the east side property line. The applicant also proposes to construct approximately 35 feet of fencing (six (6) foot high wood fence) within the front yard area, approximately 18 feet back from the front (north) property line. Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum front setback of 60 feet for accessory structures in R-3 zoning. Section 36-516( e )( 1 )a. allows a maximum fence height of four (4) feet for residential fences located within the front setback area. Therefore, the applicant is requesting variances from these ordinance requirements to allow the arbor and storage structures with a reduced front setback and the six (6) foot high wood fence within the front building setback area. Staff does not support the requested front setback and fence height variances. Staff does not view the request as reasonable. A smaller nonconforming arbor structure previously existed at the northwest corner of the lot. When that structure was removed from the property, the nonconforming status was lost. The new proposed arbor structure, storage building and fence will all be out of character with the adjacent properties and the overall neighborhood. Staff knows of no similar situation which exists within the Hillcrest area. There is adequate area on the north side of the existing residence to construct an arbor and storage building and comply with the setback requirements. D.Staff Recommendation: Staff recommends denial of the requested front setback and fence height variances. Board of Adjustment (September 30, 2019) Greyson Skokos was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Greyson Skokos addressed the Board in support of the application. He presented photos of the arbor structure which was previously located on the site. He noted that there were many other accessory structures in the neighborhood. 2 SEPTEMBER 30, 2019 ITEM NO.: 2 (CON'T.) Z -9453 There was a brief discussion regarding the ordinance required front setback for accessory structures. Carolyn Lindsey-Polk asked Mr. Skokos if he could shift the accessory structures and fence to the south at least 25 feet back from the front (north) property line. Mr. Skokos explained that this could be possible. There was a brief discussion regarding revising the application. Mr. Skokos noted that he would revise the application to provide at least a 25 foot front setback for both accessory structures and the fence. There was a motion to approve the application, as revised by Mr. Skokos including all staff comments /conditions. The motion passed by a vote of 4 ayes, 0 noes and 1 absent. The revised application was approved. August 19, 2019 Department of Planning & Development City of Little Rock 723 West Markham Little Rock, AR 72201 RE: Application for Residential Zoning Variance To whom this may concern: Please find enclosed application for a residential zoning variance for certain property located at 5413 "C" Street, Little Rock, AR. The purpose of this letter is to determine if a variance is necessary for the following items: (i)Replacement of existing arbor due to deterioration. Approximately 26'x18'x8' (ii)Replacement of 6' fence with gated access behind arbor. Approximately 35' of fencing (iii)Proposed street side accessory structure with same building materials and far;ade as existing improvement and surround buildings within a 1 block radius of subject property. Approximately 14'x10'x7' The justification for this variance is due to wear-and-tear from natural elements and unusual lot configuration of the subject property. If you have any questions or comments, please, don't hesitate to give me a call. Sincerely, Greyson Skokos, as owner C: (501) 529-8003 SEPTEMBER 30, 2019 ITEM NO.: 3 File No.: Z-9454 Owner: Terra Firma Project, LLC Applicant: Billy C. Collins, JR. Address: 5205 Kavanaugh Blvd. Description: Lot 11, Block 1, McGehee Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a building addition with a reduced rear setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A.Public Works Issues: No Comments B.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. SEPTEMBER 30, 2019 ITEM NO.: 3 (CONT.) Z-9454 C.Staff Analysis: The R-2 zoned property located at 5205 Kavanaugh Blvd. is occupied by a one-story brick and frame single family residence. The property is located on the south side of Kavanaugh Blvd., east of Newton Street. A one-car wide driveway is located at the northeast corner of the property. The driveway extends along the east side of the residence into the rear yard area. A paved alley right-of-way is located along the rear (south) property line. A concrete parking pad is located at the southeast corner of the property. The applicant proposes to construct a two (2) story addition to the rear of the existing residence, as noted on the attached site plan. The proposed addition will include approximately 2,000 square feet of heated and cooled space plus a two-car garage. The addition will be located five (5) feet back from the east and west side property lines, and will be located on the rear (south) property line, with a zero (0) setback. The alley right-of-way will be utilized to access the garage portion of the proposed addition. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for the proposed addition. Therefore, the applicant is requesting a variance to allow the building addition with a zero (0) setback from the rear (south) property line. Staff is not supportive of the requested rear setback variance. Staff does not view the request as reasonable. The proposed addition occupies a very large space within the rear yard area. The proposed addition occupies approximately 81 percent of the required rear yard area (rear 25 feet of the lot). Although there have been some rear setback variances granted in this general area, staff feels that the overall lot massing/coverage that is proposed with the building addition will not be in keeping with the character of the neighborhood. D.Staff Recommendation: Staff recommends denial of the requested rear setback variance. Board of Adjustment (September 30, 2019) Billy Collins, JR. was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Billy Collins, JR. addressed the Board in support of the application. He explained the project to the Board, noting that the existing house would remain. He noted that the existing house with proposed addition would occupy 40 to 50 percent of the total lot area. He referred to other properties in the area as being similar to his proposal. There was a brief discussion regarding the proposed lot coverage and the required rear yard setback. There was additional discussion regarding other properties in the 2 SEPTEMBER 30, 2019 ITEM NO.: 3 (CONT.) Z-9454 area. Sherri Latimer, City Attorney, explained that no previous variance approved by the Board of Adjustment sets a precedence for future requests. There was additional discussion regarding the proposed building addition, ordinance requirements and the issue of access to the proposed garage. Mr. Collins discussed the existing grade of the property. Chairman Allison offered Mr. Collins a deferral of the application to explore possible options in revising the application. Mr. Collins refused the deferral offer and requested a vote on the application. There was a motion to approve the application. The motion failed by a vote of 0 ayes, 4 noes and 1 absent. The application was denied. 3 terra firma homes by chuck collins City of Little Rock Department of Planning and Development 723 W Markham Little Rock, AR 72201-1334 August 21 , 2009 RE: 5205 Kavanaugh, Little Rock, AR 72207 To whom it may concern: The purpose of this correspondence is to request a variance from the requirement of the Zoning Ordinance for the above mentioned address. The work involved will bring the standard of the house up to today's standards while maintaining the overall ambiance of The Heights neighborhood. We propose an addition to 5205 Kavanaugh that will add approximately 2000 square feet of heated and cooled space plus a two car garage off of the back alley. This will be in line with all other recently completed renovations and new construction projects in the immediate area. Other residences in the area have been granted a variance and have attached garages. 1. 5005 Kavanaugh 2. 5211 Kavanaugh 3. 1901 Tyler 4. 1823 Tyler We appreciate your consideration in this matter and await your response. Sincerely, Billy C. Collins Jr. enclosures chuck@terrafirmaconstruction.com c.501-749-4725 DATE:— BOARD OF ADJUSTMENT VOTE RECORD � �_ � �� Z� MIME IN AND TIME OUT I I 1 I I l kLLISON, FRANK iNft9z IIERTRAM, JAMES r1v� . �IJSTIJS, JOE USTUS, JOE IN DSEY POLK, CAROLYN : �o MIME IN AND TIME OUT I I 1 I I l kLLISON, FRANK iNft9z IIERTRAM, JAMES r1v� iRINDER, AUSTIN USTUS, JOE IN DSEY POLK, CAROLYN : �o Is ' AYE NAYE ABSENT ABSTAIN Meeting Adjourned .2 �l� P.M. SEPTEMBER 30, 2019 There being no further business before the Board, the meeting was adjourned at 2:48 p.m. Date: Chairman Secretary 2