boa_07 30 2020LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
JULY 30, 2020
4:00 P.M.
I.Roll Call and Finding of a Quorum
A Quorum was present being five (5) in number.
II.Approval of the Minutes of the July 2, 2020 meeting of the Board of Adjustment
The Minutes of the July 2, 2020 meeting were
approved.
Members Present: Frank Allison -Chairman
Richard Bertram-Vice Chair
Austin Grinder
Joe Justus
Katherine Lashley
Members Absent: None
City Attorney Present: Sherri Latimer
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
JULY 30, 2020
4:00 P.M.
I.OLD BUSINESS:
A.Z-9518 2721 N. Fillmore Street
II.NEW BUSINESS:
1.Z-2176-A 524 Midland Street
2.Z-9164-B 2122 N. Palm Street
3.Z-9526 1414 Park Lane
July 30, 2020
ITEM A Z-9518
File No.: Z-9518
Owner: Kristen and Carlton Saffa
Applicant: Kristen Saffa
Address: 2721 N. Fillmore Street
Legal Description: Lot 1, Block 17, Park View Addition
Zoned: R-2
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variance Requested: A variance is requested to Sec. 36-156(a)(2)c. to allow an
accessory building to occupy more than 30 percent of the
required rear yard area.
Justification: The applicant's justification is presented in a letter submitted
with the May 13, 2020 application. Note: At staff request, the
applicant has significantly altered proposed plans, eliminating
the need for three of four initially applied-for variances.
STAFF REPORT
A.Engineering Comments:
No driveway shall be constructed within five (5) feet of a line drawn from the point
of intersection of a property line with the right-of-way line of a street and
perpendicular to the centerline of the street. The applicant has agreed not to place
the driveway nearer than five feet to the east property line.
B.Landscape and Buffer Issues:
No comments.
C.Staff Analysis:
The R-2 zoned property located at 2721 N. Fillmore Street is occupied by a one
story single-family residence with an existing integrated 180sf carport/100sf shed in
the rear yard. The current one-car carport/shed is open on three sides and oriented
toward Z Street, a "side street" providing access to other driveways and garages on
the block (no houses presently front this block of Z Street.). The existing driveway
to the carport/shed is approximately 8 feet long (too short to accommodate parked
automobiles.)
1
July 30, 2020
ITEM A Z-9518
The requested variance is intended to accommodate an enclosed two-car garage
and a second story multi-purpose space (i.e., play room, workout space, temporary
guest space, etc.)
Rear Yard Coverage
Section 36-156(a)(2)c. states, "Accessory buildings or structures in the R-1 through
R-4A districts ... may not occupy more than thirty (30) percent of the required rear
yard area." The proposed detached garage will accommodate two cars and ground
floor storage space, and upstairs finished space, in character with the detached
garage directly across Z Street, and similar to numerous other residential properties
generally throughout the Heights neighborhood. The proposed drive will be
lengthened to approximately 18 feet and, with the garage structure, will constitute
three more off-street parking spaces than currently exist. The proposed building falls
within all required setback lines.
According to the Zoning Ordinance, allowable rear yard coverage is 337.5 SF (30.0
percent.) The subject improvements will generate required rear yard coverage of
594.0 SF (52.8 percent.) This garage coverage is, again, similar to the garage
across the street and to numerous other properties in the general vicinity.
The adjacent property owner to the south, who lives elsewhere and leases said
adjacent house to others, expressed concern with the variance request although no
outright objection was indicated. Numerous other neighbors have expressed their
support of the subject variance. Staff views the request as reasonable and is
supportive for the above-stated reasons.
D.Staff Recommendation:
Staff recommends approval of the requested variance, per the attached site plan,
with the following conditions:
1.The driveway shall be placed no closer than five feet to the east/rear
property line.
2.The accessory building may not be used as a rented or leased dwelling unit.
Board of Adjustment (July 30, 2020)
The applicant was present. There were no persons registered in support or opposition.
Staff presented the item and 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 nays, and O absent. The application was
approved.
2
July 30, 2020
ITEM NO. 1 Z-2176-A
File No.: Z-2176-A
Owners: Susan Barr and Ryan Harris
Applicant: Ryan Harris
Address: 524 Midland Street
Legal Description: Lot 4, Block 11, East Pulaski Heights Addition
Zoned: R-3
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variances Requested: Variance from setback and area provisions of Sec. 36-434.14
and Sec. 36-255 to allow a reduced single-family residential
side yard setback in the Hillcrest Design Overlay and R-3
Districts.)
Justification: The applicant's justification is presented in a letter dated June
25, 2020 (attached.)
STAFF REPORT
A.Engineering Issues:
Planning and Development Civil Engineering -
If existing trees within the right-of-way adjacent to the subject property are proposed
to be removed, contact the Urban Forester, Robby Hudson (529-8733) for approval
prior to said removals.
Any damage to public and/or private property from construction activity on the
subject site shall be repaired by the responsible party and/or owner prior to
issuance of a certificate of occupancy.
Public Works -
The owner shall accept responsibility for any portion(s) of the existing rock wall and
associated materials or structures extending into Kavanaugh Boulevard right-of
way.
B.Landscape and Buffer Issues:
The applicant's June 25, 2020 letter states, " ... the proposed plan was created with
the idea of reducing impact on green space. . .. We will not remove any trees for
construction, are in consultation with an arborist to minimize impact, and will be
planting several new trees once construction is complete."
1
July 30, 2020
ITEM NO. 1 Z-2176-A
C.Staff Analysis:
The R-3 zoned property located at 524 Midland Street is occupied by a two-story
single-family residence, to which a one-story addition northward is proposed. A two
car concrete parking pad accessible via Midland Street exists, also on the north side
adjacent to Kavanaugh Boulevard, to be replaced by a covered carport as part of
the proposed home renovation. Immediately north of the existing parking pad is a
70-foot long by roughly three-foot high stone retaining wall generally coinciding with
the Kavanaugh right-of-way line (portions of said wall lie on either side of said line.)
The existing and proposed finished floor elevations are approximately 4.5 feet below
the adjacent Kavanaugh Boulevard pavement elevation.
Both requested variances pertain to the intent of expanding the existing structure
northward, to encroach upon the north side yard setback. No encroachment is
proposed upon the east, south or west setback lines.
Hillcrest Design Overlay District (DOD}-Sec. 36-434.14.C.6. states," ... the street
side yard setback shall be within ten (10) percent of the adjoining residential principal
structure but no structures shall be built within the minimum front or side yard
setbacks."
The site plan depicts the adjoining structure, west of the subject property, as ten feet
from the side (Kavanaugh Street) property line; the allowable ten percent reduction
of this distance results in a nine-foot setback. Therefore, the encroachment into the
nine-foot side yard by the proposed home expansion is 2.4 feet (6.6 feet from the
property line.) The encroachment into the same nine-foot side yard by the open
carport addition is 6.7 feet (2.3 feet from the property line.)
R-3 District -Section 36-255(d)(2) states, "There shall be a side yard on each side
of the building having a width of not less than ten (10) percent of the average width
of the lot, not to exceed five (5) feet."
Again, the proposed home expansion is 6.6 feet from the property line at its closest
point (no encroachment into the 5-foot setback.) The encroachment into the side
yard by the carport addition is 2.3 feet from the property line at its closest point (2.7-
foot encroachment into the 5-foC?t setback.)
Summary -The expanded single story will encroach upon the nine-foot DOD
setback by 2.4 feet at its greatest point and will not encroach upon the R-3 setback.
The open carport will encroach upon the nine-foot DOD setback by 6. 7 feet and will
encroach upon the R-3 setback by 2. 7 feet.
The curvature of Kavanaugh Boulevard effectively reduces the "buildable area" of
the subject site, a condition not of the applicant's making. Also, the elevation
difference between the higher Kavanaugh Boulevard street surface and the lower
home site elevation reduces the visual scale of the existing structure as seen from
the public way and will have a similar mitigating effect on proposed improvements.
2
July 30, 2020
ITEM NO. 1 Z-2176-A
The greatest encroachment (6. 7 feet) will be imposed by the carport which, however,
will be open (no walls) and will remain separated from the street by the existing stone
retaining wall.
Overall, the proposed encroachments are not out of context by Hillcrest
development standards, where numerous structures encroach established
setbacks, near to and in some cases upon adjacent property lines and streets. No
objections to the proposed improvements by neighboring property owners are
known as of this writing. Staff views the two variance requests as reasonable and
is supportive for the above-stated reasons.
While detailed plant material review is not a component of this report, the applicant's
assertion in Section A above is noted; good faith effort to "minimize impact" and
"plant several new trees" is expected.
D.Staff Recommendation:
Staff recommends approval of the requested side yard setback variances, per the
findings in Sections A, B and C above and per the attached "Midland Survey"
dated June 23, 2020, with the following conditions:
1.Covered carport shall remain unenclosed on its east, north and west sides.
2.The owner shall accept responsibility for any portion(s) of the existing rock wall
and associated materials or structures extending into Kavanaugh Boulevard
rig ht-of-way.
Note:
Prior to any work in the Kavanaugh Boulevard right-of-way, contact Planning &
Development Civil Engineering [Vince Floriani, PE (501)371-4828.]
Board of Adjustment (July 30, 2020)
The applicant was present. There were no persons registered in support or opposition.
Staff presented the item and 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 nays, and O absent. The application
was approved.
3
July 30, 2020
ITEM NO. 2 Z-9164-B
File No.: Z-9164-B
Owner: Robert & Marilynn Palmer
Applicant: Jacob White Construction, Jacob White
Address: 2122 N. Palm Street
Description: Lot 6, Block 5, Country Club Heights Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section
36-254(d)(3) to allow a carport addition with a reduced rear
yard setback.
Justification: The applicant's justification is presented in an attached letter,
dated June 29, 2020.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A.Engineering Issues:
No Comment.
B.Landscape and Buffer Issues:
No Comment.
C.Staff Analysis:
The R-2 zoned property located at 2122 N. Palm Street is occupied by a recently
renovated one-story single-family residence and is bounded on either side by
developed single family properties. An addition to the rear of the subject home was
completed in 2017/2018 (BOA Item No. Z-9164,) and a former accessory
structure/shed was removed from the rear yard as part of the project. The rear yard
consists predominantly of concrete pavement and is presently used for parking,
accessible via the paved alley adjacent to the rear (west) property line.
The applicant proposes to construct a 25-foot by 20-foot (500 SF) carport, attached
to the rear of the home and open on three sides. In September 2017, a variance
request for a 30-foot by 24-foot (720 SF) carport addition was approved by the Board
of Adjustment (BOA Item No. Z-9164-A,) although the owners chose not to proceed
with the improvements. The current variance request is now necessary because the
July 30, 2020
ITEM NO. 2 Z-9164-B
prior approval expired in late 2019. Notably, the presently requested carport
structure is roughly 30 percent smaller than previously approved by the Board, and
a small portion of the proposed carport will lie outside of the rear yard and is,
therefore, not subject to this analysis.
Section 36-254(d)(3) states, "There shall be a rear yard setback having a depth of
not less than twenty-five (25) feet."
If the proposed carport were not attached to the home, it would be considered an
"accessory building" and would be permitted "by right" to occupy 30 percent of the
rear yard. The subject request proposes to occupy approximately 36 percent of the
rear yard, which staff regards, within this specific neighborhood context, as
negligible and in this case reasonable.
Furthermore, if an accessory (detached) garage structure were proposed upon the
subject site, a zero setback from the rear property line would be permitted due to the
presence of the adjacent alley right-of-way. The applicant proposes to construct the
carport six feet from the rear property line.
Staff is supportive of the requested variance to allow a reduced rear setback for the
proposed carport. The proposed encroachment is generally compatible with other
properties throughout the Heights neighborhood where new homes and additions,
alleyway garages and carports frequently occur.
C.Staff Recommendation:
Staff recommends approval of the requested rear yard setback variance, in
accordance with the above findings and the following conditions:
1.No accessory buildings or building additions other than those depicted as part of
this application are permitted.
2.The rear yard encroachment shall be no nearer than six feet (6') to the rear
property line.
3.The proposed carport shall be open on three sides.
Board of Adjustment (July 30, 2020)
The applicant was present. There were no persons registered in support or opposition.
Staff presented the item and 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 nays, and O absent. The application was
approved.
2
July 30, 2020
ITEM NO. 3 Z-9526
File No.: Z-9526
Owner: The TDF Family Revocable Trust
Applicant: David Anderson, GUS Design Group
Address: 1414 Park Lane
Legal Description: Lot 9, Block 157, Original City of Little Rock
Zoned: R-4A
Present Use: Vacant, undeveloped
Proposed Use: Single-family residence
Variances Requested: Variance from the Area regulations of Sec. 36-342.2.(d)(2) to allow
a reduced north side yard, and 36-342.2.(d)(3) to allow a reduced
rear yard in the R-4A District.
Justification: The applicant's justification is presented in a letter dated June
29, 2020 (attached.)
STAFF REPORT
A.Engineering Issues:
Planning and Development Civil Engineering -Prior to issuance of a building permit,
street plans must be submitted to Planning & Development Civil Engineering for
review and approval [Contact Ilona Rossota, (501 )399-3470.]
Prior to the issuance of the certificate of occupancy, Park Lane shall be extended to
at least five (5) feet beyond the north edge of the proposed residential driveway. This
street extension shall be constructed per City of Little Rock Standard Detail PW-22,
with open ditches and a minimum 20-foot street width. The residential driveway
apron shall be constructed per City of Little Rock Standard Detail PW-30.
B.Landscape and Buffer Issues:
No comment.
C.Staff Analysis:
The R-4A zoned property located at 1414 Park Lane lies within the McArthur Park
Historic District, immediately south of and adjacent to 1-630 (ArDOT) right-of-way .A
separate Certificate of Appropriateness review, per the Historic District Commission,
is taking place simultaneously with this report. A two-story brick single-family home
1
July 30, 2020
ITEM NO. 3 Z-9526
is proposed upon the presently vacant lot, to include a two-car attached garage,
concrete driveway and sidewalk extending from Park Lane to the front building
entries. Public rights-of-way lie to the north and east of the subject property, and
undeveloped residentially zoned lots lie across Park Lane to the east, and
immediately to the south and to the west. The property features approximately 4.5
feet of fall from west to east; it is unknown if steps or ramps will be proposed as part
of the residence construction.
The requested variances are pursuant to, a) constructing the proposed residence to
encroach upon the northern five-foot side yard setback [while creating a greater
than-required separation from the property to the south] and, b) constructing the
residence to encroach upon the western 25-foot rear yard setback.
Side Yard -Sec. 36-342.2.(d)(2) states, "There shall be a side yard on each side of
the building having a width of not less than ten (10) percent of the average width of
the lot, not to exceed five (5) feet.
The submitted site plan initially depicted the northern face of the proposed home
placed upon the north line of the subject property, immediately adjacent to the
Arkansas Department of Transportation I-630 right-of-way. This property line is 250
feet or more from the I-630 roadway and abuts an approximately 500-foot-wide
ArDOT green space. Because it is unlikely that the I-630 road bed would be
expanded near to the subject site in the future, and because it is equally unlikely
other uses would occur within said right-of-way to create conflict with the subject site
and proposed home, it's difficult to argue the proposed encroachment would affect
the adjacent area to the north.
However, if the home were to be placed directly on the north property line, standard
maintenance practices such as wall repair, window repair and similar tasks would
require the owner, at least occasionally, to physically occupy the I-630 right-of-way
to do so. The City discourages any design requiring even temporary occupation of
another's property in order to maintain one's own property. Therefore, the applicant
has been directed to seek cooperation with ArDOT to identify an agreeable proximity
between the proposed residence and the right-of-way. Consequently, the applicant
has agreed to move the proposed residential structure one (1) foot south of the
property boundary shared with ArDOT and has communicated as much to the
ArDOT Right of Way Division, to the apparent satisfaction of ArDOT representatives.
Additionally, the applicant has agreed to maintain a nine-foot separation from the
residentially zoned parcel to the south. All-in-all, the proposal places the proposed
structure nearer to land unlikely to be significantly developed or occupied, and
slightly farther from property to the south, where future residential development is
probable.
Rear Yard -36-342.2.(d)(3) states, "There shall be a rear yard having a depth of not
less than twenty-five (25) feet."
2
July 30, 2020
ITEM NO. 3 Z-9526
The site plan proposes a one-story "wing" of the principal structure extending
westward into the 25' rear yard. Said wing is to be connected to the main building
by an enclosed hallway, transforming the one-story building from an otherwise
permissible detached accessory building to an attached structure requiring a
variance.
Although the subject proposal appears to be somewhat unique to the immediate
area, similar accessory structures and outbuildings exist elsewhere within the
general environs. Notably, the proposed one-story attached encroachment
comprises 336 square feet (excluding the roughly 47 square-foot connecting
hallway,) while a 375 square-foot detached building would otherwise be allowed.
Furthermore, as a detached building, the structure would be allowed to extend to
within three feet of the west/rear property line, while the applicant has proposed five
feet of separation as part of this variance request.
The applicant has stated in writing that no accessory buildings or building additions
are proposed.
The subject area a remnant of former a neighborhood, severely impacted by
condemnation and demolition of properties during I-630 construction in the 1960s
and 70s. Widespread vacancy, disrepair and blight in the area suggests a
community benefit via proposed infill development and the promise of some
maintenance and upkeep associated with new residential development. As of this
writing, no objections to the proposed variances by neighboring property owners
have been made known. Staff views the subject variance requests as reasonable
and is supportive for the above-stated reasons.
D.Staff Recommendation:
Staff recommends approval of the requested side and rear yard setback variances,
per the findings in sections A, B and C above and per correspondence with ArDOT
Right of Way Division, with the following conditions:
1.The requested "Certificate of Appropriateness" must be granted by the Historic
District Commission;
2.Public street plans shall be submitted, and Park Lane shall be extended by the
subject owner, in accordance with Section A of this report.
3.The north wall and/or associated components of the residential structure shall
be placed no closer than one (1) foot from the north property line.
4.The south wall and/or associated components of the residential structure shall
be placed no closer than nine (9) feet from the south property line.
5.No accessory buildings or building additions other than those depicted as part of
this application are permitted.
6.The rear yard encroachment shall be no nearer than five (5) feet to the west
property line.
3
July 30, 2020
ITEM NO. 3 Z-9526
Board of Adjustment (July 30, 2020)
The applicant was present. There were no persons registered in support or opposition.
Staff presented the item and 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 nays, and 0 absent. The application was approved.
4
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MEMBER
ALLISON, FRANK
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GRINDER, AUSTIN
JUSTUS, JOE
LASHLEY, KATHERINE
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✓AYE •NAYE A ABSENT rt ABSTAIN Meeting Adjourned 1 ,' ff P.M.
JULY 30, 2020
There being no further business before the Board, the meeting was adjourned at 4:14
p.m.
Date: ------------
Chairman Secretary