boa_11 19 2020LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA PROCEDURE
NOVEMBER 19, 2020
4:00 P.M.
I. Roll Call and Finding of a Quorum
II. Approval of the Minutes of the October 15, 2020
meeting of the Board of Adjustment
Ill. Presentation of Consent Agenda
IV. Presentation of Hearing Items
LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
NOVEMBER 19, 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 October 15, 2020 meeting of the Board of
Adjustment
The Minutes of the October 15, 2020 meeting were
approved.
Members Present: Frank Allison -Chairman
Richard Bertram-Vice Chair
Justin Grinder
Katherine Lashley
Members Absent: Joe Justus (due to video malfunction)
City Attorney Present: Sherri Latimer
LITTLE ROCK BOARD OF ADJUSTMENT
ABBREVIATED AGENDA
NOVEMBER 19, 2020
4:00 P.M.
I. OLD BUSINESS:
No Old Business
II. NEW BUSINESS:
1. Z-6732-B 811 E. 4th Street
2. Z-9541 1712 N. Tyler Street
3. Z-9542 MEMS 1121 W. 7th Street
4. Z-9547 501 N. Cedar Street
5. 2021 Board of Adjustment calendar
NOVEMBER 19, 2020
ITEM NO. 1 Z-6732-B
File No.: Z-6732-B
Owner: Darshan Patel
Applicant: Arkansas Sign & Neon, Inc., Attn. David Ashley
Address: 811 East 4th Street
Description: Rector Town Addition, Lots 1 through 6, Block 9
Zoned: UU (Urban Use)
Variance Requested:
Justification: Variances from the Signs provisions of Section 36-342 to
permit a ground-mounted sign in the UU (Urban Use)
District, and from the Signs provisions of Section 36-557 to
permit a building mounted sign adjacent to private (non-right
of-way) property.
Present Use: Recently vacant/undeveloped; presently under construction
Proposed Use: Hotel
STAFF REPORT
Hotel owners wish for ground mounted sign to identify hotel
location for local street motorists, and the south-facing
building mounted sign for high speed freeway motorists.
A. Planning and Development Civil Engineering:
No Comment.
B. Buffering and Landscape:
No Comment.
C. Building Codes:
No Comment.
D. Staff Analysis:
The subject property abuts E. 4th Street to the north, Collins Street to the east, and
Rector Street to the west. 1-30 lies just west of Rector Street, which functions
somewhat as a freeway frontage road at this location. The site lies just within the
UU (Urban Use) zoning district which comprises roughly 12 square blocks in the
immediate vicinity. A five-story hotel and associated parking is under construction
and substantially complete on the site, with surface parking lot access drives from
Rector and Collins Streets. The site also lies within the Presidential Park Design
Overlay District, which has no bearing on the subject variance requests.
1
NOVEMBER 19, 2020
ITEM NO. 1 (Cont'd) Z-6732-B
The applicant proposes to erect a ground-mounted (monument) sign near the
northwest corner of the subject site, at the intersection of E. 4th and Rector Streets,
and, install a building mounted (wall) sign facing the undeveloped private property
lying immediately south of the site.
Section 36-342.1 (c)(11) of the Little Rock Municipal Code states, "Ground mounted
signs are discouraged and may only be permitted as a variance per Division 2 of this
chapter."
Section 36-557(a) of the Municipal Code states, "All on-premises wall signs must
face required street frontage except in complexes where a sign without street
frontage would be the only means of identification for a tenant."
The proposed ground mounted hotel sign is 8 feet in total height, with approximately
12 square feet of sign face area. Other districts within the City allow 8-foot and 10-
foot high signs with up to 100 square feet of area, and three nearby ground mounted
signs within the neighboring area feature heights between 21 and 40 feet, all with
sign faces exceeding 25 square feet. The subject ground sign is proposed within a
context of higher-volume commercial and industrial traffic less than 150 feet from
Interstate 30, and the only identifying signage for the hotel are the wall mounted
hotel signs, approximately 50 feet above ground level. Within the above-described
context, the requested ground mounted sign is not inappropriate for pedestrian-and
motorist-level wayfinding in the surrounding area.
The proposed wall sign conforms with guidelines for building mounted signs in all
respects, with exception of its southward orientation adjacent to a presently
undeveloped lot. The relationship of the southern face of the hotel to the very nearby
northbound lanes of 1-30 implies the need for the proposed wall sign, which will be
the only sign visible to high-speed northbound freeway traffic.
Based on the above assessment and analysis, staff finds the requested variances
to be reasonable.
E. Staff Recommendation:
Staff recommends approval of the requested ground mounted and wall mounted
signs as reflected in the submitted plans and elevations, with the following
condition:
Add street addresses to the ground mounted (monument) sign per Section 36-
557(f): "All on-premises ground-mounted signs shall have located on the face of
the sign, in characters no less than six (6) inches in height, the street address
number of the business identified by the sign. In the case of a double-faced
ground-mounted sign, the street address number shall be located on each face of
the sign."
2
NOVEMBER 19, 2020
ITEM NO. 1 (Cont'd) Z-6732-B
Board of Adjustment (November 19, 2020)
The applicant was present. There were no persons present registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the "Staff
Recommendation" above. There was no further discussion.
The item remained on the Consent Agenda for approval. A motion was made and
seconded to approve the Consent Agenda. The vote was 4 ayes, 0 noes, 1 "considered
absent" (Justus) due to video malfunction.
3
NOVEMBER 19, 2020
ITEM NO. 2 Z-9541
File No.: Z-9541
Owner/Applicant: Christi Willson, Authorized Agent
Address: 1712 North Tyler Street
Description: Lot 2, Block 19, Mountain Park, an Addition to the City of Little
Rock, Arkansas
Zoned: R-2
Variances Requested: A request from the area provisions of Sec. 36-254(d)(2) to
allow a reduced side yard setback, and a request from the
area provisions of Sec. 36-254(d)(3) to allow a reduced rear
yard setback in an R-2 District.
Justification: Presented in letter dated September 19, 2020 (attached.)
Present Use: Single-Family Residential
Proposed Use: Single-Family Residential
STAFF REPORT
A. Planning and Development Civil Engineering:
No comment.
B. Buffering and Landscape:
In October 2020 the City adopted the "Heights Landscape Design Overlay District,"
requiring installation of one tree per 40 linear feet of street frontage within the
Heights District Boundary, applicable to [among other types] residential
construction in excess of 600 square feet.
C. Building Codes:
No comment.
D. Staff Analysis:
The subject property at 1712 N. Tyler Street lies within a predominantly R-2 zoned
neighborhood, and within the Heights Landscape Design Overlay District which
generally has no bearing on the subject variance requests. The site is occupied by
an existing two-story single-family home, and an existing swimming pool occupies
approximately 266 square feet of the required 25-foot rear yard.
The applicant proposes to convert an existing attached two-car garage into a
finished living space and add a new 29-foot deep by 20-foot wide two-car garage to
the rear of the renovated principal residence. As with existing conditions, the
proposed garage will be accessed via the rear alleyway. All structures are proposed
to match existing exterior construction, materially.
In implementing the above-described work, the existing side yard setback reduction
would be extended westward an additional 29 feet and be a minimum of 4.6 feet in
width, and the rear yard setback would be reduced by 20 to 21 feet, to a point 4.6
feet from the rear property line.
Section 36-254(d)(2) typically requires a minimum side yard setback of five feet for
the addition, and Sec. 36-254(d)(3) requires a minimum rear yard setback of 25 feet.
1
NOVEMBER 19, 2020
ITEM NO. 2 Z-9541
The adjacent property to the north was granted a variance for a 21-foot width two
car garage, constructed in 2003, and the owners have indicated their support of the
subject proposal in writing. Four additional neighbors have provided written support
of the requested variances. As of the time of this writing, no opposing
correspondence has been received.
Staff finds the request to generally be in conformance with the development pattern
in the Heights neighborhood and nearby area, and based on the above assessment
and analysis, finds the requested variances to be reasonable.
E. Staff Recommendation:
Staff recommends approval of the requested northern side yard setback reduction
from 5.0 feet to a minimum of 4.6 feet, and of the requested rear yard setback
reduction from 25.0 feet to a minimum of 4.6 feet, with the following conditions:
1. No additional principal or accessory structure(s) may be added to the property
in the future.
2. Install trees, if deemed applicable at the time of building permitting, in
accordance with Heights Landscape Design Overlay District requirements.
Board of Adjustment (November 19, 2020)
The applicant was present. There were no persons present registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the "Staff
Recommendation" above. There was no further discussion.
The item remained on the Consent Agenda for approval. A motion was made and
seconded to approve the Consent Agenda. The vote was 4 ayes, 0 noes, 1 "considered
absent" (Justus) due to video malfunction.
2
NOVEMBER 19, 2020
ITEM NO. 3 Z-9542
File No.: Z-9542
Owner: Metropolitan Emergency Medical Services (MEMS)
Jon Swanson, Executive Director
Applicant: Crafton Tull, attn. Frank Riggins
Property Address: 1121 West 7th Street
Legal Description: Lots 7, 8, 9 and 10, Block 263, original City of Little Rock,
Pulaski County, Arkansas. Less and except that part of Lot 7
and 8, Block 263, conveyed to the Arkansas State Highway
Commission by warranty deed of record in Deed Book 1403,
page 223, Records of Pulaski County, Arkansas.
Zoned: UU (Urban Use) and PD-O (Planned Development-Office)
Variances Requested: Variances from the Required Buffers provisions of Sections
36-522(a)(2) and 36-522(a)(3) to permit street buffers less
than thirty feet in width;
and,
from the Landscaping provisions of Section 36-342.1 (c)(5)(b)
to exclude street trees and planters.
Justification: Presented in letter dated September 29, 2020 (attached.)
Present Use: VacanUUndeveloped
Proposed Use: Surface Parking for Special Vehicles and Mobile Equipment
STAFF REPORT
A. Planning and Development Civil Engineering:
1. After the issuance of the Building Permit, close any driveway(s) not intended
for use.
2. On-site striping and signage plans shall be forwarded to Public Works, Traffic
Engineering for approval with the site development package.
3. Obtain applicable permits prior to implementing curb cuts or street cuts. Obtain
barricade permit prior to any work in the right-of-way. Contact Travis Herbner,
Traffic Engineering (501 )379-1805 for more information.
4. Damage to public and private property due to construction hauling operations
or operation of construction related equipment from a nearby construction site
shall be repaired by the responsible party prior to issuance of a certificate of
occupancy.
B. Buffering and Landscape:
1. Site plan must comply with the City's minimum landscape / buffer ordinance
requirements.
2. A perimeter planting strip is required along any side of a vehicular use area
that abuts adjoining property or the right-of-way of any street. A twenty-five
percent reduction of the landscape provisions can be taken for developments
1
NOVEMBER 19, 2020
ITEM NO. 3 (Cont'd.) Z-9542
within mature areas. In these areas it is allowable for perimeter planting strips
to be a minimum of six feet nine inches wide. One tree and three shrubs or
vines shall be planted for every thirty linear feet of perimeter planting strip.
3. Screening requirements shall be met for the vehicular use areas adjacent to
street rights-of-way. Provide screening shrubs with an average linear spacing
of not less at three feet on center within the required landscape area. Provide
trees with an average linear spacing of not less than 30 feet on center.
4. For parking areas with 12 or more spaces eight percent of the vehicular use
area must be designated for green space; this green space needs to be
evenly distributed throughout the parking area(s). The minimum size of an
interior landscape area shall be 150 square feet for developments with 150 or
fewer parking spaces.
5. Building landscape areas shall be provided between the vehicular use area
used for public parking and the general vicinity of the building. These shall be
provided at the rate equivalent to planter strip three feet wide along the
vehicular use area. One tree and four shrubs shall be planted in the building
landscape areas for each 40 linear feet of vehicular use area abutting the
building.
6. A landscape irrigation system shall be required for developments of one acre
or larger.
7. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements may be given when preserving trees of six-inch caliper or larger.
C. Building Codes:
No Comment.
D. Staff Analysis:
The subject property comprises approximately 0.61 acres at the northwest corner of
S.Chester Street and the westbound on-ramp to 1-630. Part of an overall master
planned MEMS compound, the northern 75 percent of the subject site is zoned UU
(Urban Use) and the southern 25 percent is zoned PD-O (Planned Development -
Office.) Currently accessible from within the existing/developed MEMS site, and via
an existing drive from S. Chester Street, the subject site is partially paved, contains
random scrub vegetation and some mature trees. Presently, the property is
generally vacant and unused.
The applicant proposes to convert the subject 0.61 acres to a secured surface
parking facility for MEMS special vehicles and emergency equipment by removing
the S. Chester Street driveway, installing perimeter fencing and improving the entire
property with curb & gutter, security lighting, heavy duty paving and striping, and
associated appurtenances.
As part of this work, the applicant requests to reduce the "Required Buffers"
requirement of Sections 36-522(a)(2) and 36-522(a)(3) from a minimum of 30.0 feet
2
NOVEMBER 19, 2020
ITEM NO. 3 (Cont'd.) Z-9542
in width to a minimum of 6.5 feet where adjacent to the S. Chester Street and 1-630
rights-of-way. Additionally, the applicant requests to forego the Section 36-
342.1 (c)(5)(b) requirement for street trees and planters adjacent to S. Chester
Street.
Section 36-522(a)(3) states, "Street buffers shall be a minimum of thirty (30) feet in
width when abutting an expressway except within mature areas."
Section 36-522(a)(2) states, "The city official may grant not more than a twenty-five
(25)percent reduction of the buffer requirements of this chapter within developments
in areas designated mature in chapter 15 of this Code."
And,
Section 36-342.1 (c)(5)(b) states, "Street trees a minimum of three-inch caliper shall
be required (type of trees as listed in landscape ordinance [chapter 15]). The trees
shall be located a minimum of two (2) feet off the back of a curb and shall be thirty
(30)feet on center and no closer than thirty (30) feet to a street intersection with a
water source provided."
Following multiple site visits and meetings with MEMS personnel, City Development
staff understands the mission of MEMS to maintain a state of emergency readiness,
including the convenient and safe storage of medical vehicles and trailers containing
high value equipment and materials, requires a secure enclosure open to public view
as well as expansive maneuvering area for extraordinarily large vehicles. The
submitted site plan proposes to preserve numerous existing trees and provide
alternative landscape areas, as directed by Development staff, and will significantly
mitigate existing blight at the intersection of S. Chester Street and 1-630.
Based on the above analysis, staff views the proposed site plan as reasonable and
supports the above-described variance requests.
E. Staff Recommendation:
Staff recommends approval of the requested buffer reduction and elimination of
street trees, in accordance with the submitted site plan and in accordance with
paragraphs A, B, C and D of this Staff Report.
Board of Adjustment (November 19, 2020)
The applicant was present. There were no persons present registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the "Staff
Recommendation" above. There was no further discussion.
The item remained on the Consent Agenda for approval. A motion was made and
seconded to approve the Consent Agenda. The vote was 4 ayes, 0 noes, 1 "considered
absent" (Justus) due to video malfunction.
3
NOVEMBER 19, 2020
ITEM NO. 4 Z-9547
File No.: Z-9547
Owner/Applicant: Chelsea and Jonathan Jacobs
Address: 501 N. Cedar Street
Description: West 93.33 feet of Lot 10, Block 2, Pulaski Heights Addition to
the City of Little Rock, Pulaski County, Arkansas
Zoned: R-3
Variances Requested: A request from the area provisions of Sec. 36-255(d)(3) to
allow a reduced rear yard setback in an R-3 District.
Justification: Presented in letter submitted October 10, 2020 (attached.)
Present Use: Single-Family Residential
Proposed Use: Single-Family Residential
STAFF REPORT
A. Planning and Development Civil Engineering:
No comment.
B. Buffering and Landscape:
No comment.
C. Building Codes:
No comment.
D. Staff Analysis:
The subject property at 501 N. Cedar Street lies within a predominantly R-3 zoned
neighborhood, and within the Hillcrest Design Overlay District. The site comprises a
50-foot by 93.3-foot [legally non-conforming] 4,666.5 s.f. lot, occupied by an existing
one-story single-family home with on-street parking along N. Cedar Street to the
west, and an 8.5-foot open-air driveway/parking space taking access to Lee Avenue
to the southeast.
The applicant proposes to construct an approximately 10.0-foot by 21.3-foot laundry
room and bath addition to the rear (east) of the existing residence. An existing
exterior flight of stairs will be relocated/reconstructed to provide access to the
addition. The expansion is proposed to match existing exterior construction,
materially.
The existing residence encroaches the required rear yard by two feet, leaving 23
feet of existing rear yard. However, in implementing the above-described work, a
rear yard setback reduction of an additional 10 feet will be necessary, extending the
existing encroachment from 2 feet to a point 13 feet from the rear (east) property
line.
Sec. 36-255(d)(3) typically requires a minimum rear yard setback of 25 feet.
1
NOVEMBER 19, 2020
ITEM NO, 4 Z-9547
The adjacent property to the north comprises an identical 93.3-foot deep lot, with a
single-family home and rear yard encroachment of undetermined yet similar depth
as that of the subject request.
Sec. 36-434.14A requires single story residential structures on lots of 8,000 square
feet or less to maintain a Floor Area Ratio (FAR) not to exceed 0.37. After the
proposed expansion, 501 N. Cedar Street will comprise an FAR of approximately
0.31.
As of the time of this writing, no opposing correspondence has been received.
Staff finds the request to generally be in conformance with the development pattern
in the Hillcrest neighborhood and nearby area, and based on the above assessment
and analysis, finds the requested variances to be reasonable.
E. Staff Recommendation:
Staff recommends approval of the requested rear yard setback reduction from 25.0
feet to a minimum of 13.0 feet.
Board of Adjustment (November 19, 2020)
The applicant was present. There were no persons present registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the "Staff
Recommendation" above. There was no further discussion.
The item remained on the Consent Agenda for approval. A motion was made and
seconded to approve the Consent Agenda. The vote was 4 ayes, 0 noes, 1 "considered
absent" (Justus) due to video malfunction.
2
Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501)371-4790 Fax: (5 01)399-3435
Planning
Development
Building Codes
2021 BOARD OF ADJUSTMENT CALENDAR
Filing Deadline (1)
10-27-20
11-17-20
12-15-20
01-19-21
02-16-21
03-23-21
04-20-21
05-18-21
06-22-21
07-20-21
08-24-21
NIA
10-19-21
11-23-21
12-21-21
Adopted by BOA:
Notice To Owners
Deadline (2)
12-07-20
01-11-21
02-08-21
03-08-21
04-05-21
05-10-21
06-07-21
07-05-21
08-09-21
09-06-21
10-11-21
NIA
12-06-21
01-10-22
02-07-22
November 19, 2020
Hearing Date (3)
12-17-20
01-21-21
02-18-21
03-18-21
04-15-21
05-20-21
06-17-21
07-15-21
08-19-21
09-16-21
10-21-21
No Meeting
12-16-21
01-20-22
02-17-22
Note: (1) Filing deadlines are on Tuesday unless otherwise noted.
(2)Applicant is responsible for notification of all owners within 200' of subject
property (or, for sign varian ces only, all adjacent owners) no later than ten (10) days
prior to the hearing date.
(3)Public hearings are on Thursday at 4:00 P.M. unless otherwise noted.
UPON REQUEST, AN INTERPRETER WILL BE PROVIDED FOR THE HEARING IMPAIRED.
REQUEST SHOULD BE MADE TO THE DEPARTMENT OF PLANNING AND
DEVELOPMENT AT LEAST TWO WORKING DAYS PRIOR TO THE SCHEDULED
MEETING DATE.
BOARD OF ADJUSTMENT -VOTE RECORD
DATE: //. /9. Zo Time: 4:00PM
Time In / Time Out
ALLISON, FRANK
BERTRAM, JAM ES
GRINDER, AUSTIN
JUSTUS, JOE
LASHLEY, KATHERINE
ITEM & VOTE Item Number: Minutes
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GRINDER, AUSTIN ✓
JUSTUS, JOE /j *
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Meeting Adjourned <f.-.•c; '7 PM
NOVEMBER 19, 2020
There being no further business before the Board, the meeting was adjourned at 4:09
p.m.
Date:
Chairman Secretary