Loading...
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 DATE: 7 .35c. zcZ,o MEMBER ALLISON, FRANK BERTRAM, R-181 IAR8 _,e,,.c� GRINDER, AUSTIN JUSTUS, JOE LASHLEY, KATHERINE TIME IN AND TIME OUT ALLISON, FRANK BE RT RAM, -Rf6HARQ/e"'/ c A:: GRINDER, AUSTIN JUSTUS, JOE LASHLEY, KATHERINE Re�+-< ��""'1,+e- A If ;.1. � t,/-I I/'/) ?_ t'k • I BOARD OF ADJUSTMENT VOTE RECORD Co/t)�L";</T A I i, 3 ') Ji/ S' 7 -��7 u r,J /, I )J 7 }J fl 7•.I\ f I ) ✓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