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boa_03 18 2021LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE MARCH 18, 2021 4:00 P.M. I.Roll Call and Finding of a Quorum II.Approval of the Minutes of the December 17, 2020 meeting of the Board of Adjustment III.Presentation of Consent Agenda IV.Presentation of Hearing Items LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES MARCH 18, 2021 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 December 17, 2020 meeting of the Board of Adjustment Members Present: Frank Allison - Chairman Richard Bertram-Vice Chair Justin Grinder Joe Justus Katherine Lashley Members Absent: None City Attorney Present: Shawn Overton LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA MARCH 18, 2021 4:00 P.M. I. OLD BUSINESS: No Old Business II. NEW BUSINESS: 1. Z-2348-A 515 Rice Street 3. Z-7051-A 2400 N. Taylor Street 4. Z-9555 2 Marchwood Cove 5. Z-9556 10633 Rivercrest Drive 6. Z-9557 1014 Beechwood Street 7. Z-9558 1101 Riverfront Drive 8. Z-9559 1301 Rebsamen Park Road 9. Z-5928-A 5423 Country Club Boulevard 10. Z-9568 4415 Country Club Boulevard 11. Z-9569 2901 S. Summit Street 12. Z-9570 1701 N. Palm Street 13. Z-9571 4419 country Club Boulevard 14. Z-9572 1402 Loyola Drive MARCH 18, 2021 ITEM NO. 1 Z-2348-A File No.: Z-2348-A Owner: Jeremy Brasher Applicant: Jeremy Brasher Address: 515 Rice Street Description: Lots 3, 4, 5 Block 27, Capitol Hill Ext Zoned: I-2 (Light Industrial) Variances Requested: A variance is requested from the area provisions of Section 36-320 to allow a reduced front and side yard setback in an I-2 District. Justification: The applicant’s justification is presented as per the attached letter dated December 14, 2020. Present Use: Undeveloped Proposed Use: I-2 (Woodworking Shop) STAFF REPORT A.Planning and Development Civil Engineering Comments: 1. At time of building permit, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Rice Street including five (5) foot sidewalks with planned development. 2. A grading and drainage plan should be provided with the building permit application. The proposed finished floor elevation should be determined to prevent flooding of the proposed structure during a twenty-five (25) year storm event. 3. Prior to issuance of a building permit, obtain a franchise agreement from Public Works (Bennie Nicolo, (371-4818) for the private improvements such as vehicle parking which may be proposed to be located in the City of Little Rock public right-of-way. 4. All driveways shall be concrete aprons per City Ordinance. 1 MARCH 18, 2021 ITEM NO. 1 (CON’T.) Z-2348-A B. Buffering and Landscape Comments: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. 2. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. C. Building Codes Comments: No Comment. D. Staff Analysis: The I-2 zoned property located on the east side of Rice Street is currently undeveloped. This parcel is mostly vegetated with an existing concrete slab from a previous establishment which partially crosses the south and west property lines. The property is included within the overall Brasher ownership of Lots one through five (1-5) with Lots one (1) and two (2) to the north zoned PR-D and occupied by two recently built duplexes. North of the duplexes and the subject property is the Rose Creek Trail. The properties to the south and east are also zoned I-2 with the east property being undeveloped and characterized by mature trees and vegetation and the south property line being adjacent to an active railway easement. The west side of Rice Street is zoned R-2 and PD-R and occupied by single family homes. The applicant is proposing to construct a 2400 square foot metal shop building. This would incorporate similar roof, wall, and siding materials as the existing duplexes to the north to assimilate with the surrounding structures. The developer would also like to take advantage of the existing 5400 square foot concrete slab from a previous development and repurpose the on-site portion as parking. The applicant has stated that with the construction of the Rose Creek Trail on the north side of the property, drainage has been diverted and created a construction hardship. The applicant has indicated that due to the culvert adjacent to the trail, the french drain that empties into the culvert, and the impervious pavement of the trail and street create a substantial accumulation of rainfall capable of flooding, eroding, and washing out the construction. The applicant has also stated that if minimum setbacks required by code are retained substantial earthwork to reroute the drainage would be required. In addition, several mature trees being used to mitigate the runoff would need to be removed to accomplish the new grading. A variance from the fifty (50) foot front yard setback to allow a minimum proposed depth to thirty-five (35) feet and a variance from the fifteen (15) foot side yard setback to allow a minimum proposed width of ten (10) feet are being requested to allow the building to be constructed outside of the natural drainage path. 2 MARCH 18, 2021 ITEM NO. 1 (CON’T.) Z-2348-A Section 36-250(e)(1) requires a minimum front yard setback of having a depth of not less than fifty (50) feet. Section 36-250(e)(2) requires a minimum side yard setback of the building to be not less than fifteen (15) feet. The setback variance would not encroach on the properties to the north or the east and would not restrict the railroad operation to the south. The a pplicant has indicated that there are several other buildings in this area located closer to the railroad than this proposal and that the requested variances would be in keeping with similar building allowances for drainage paths adjacent to the Rose Creek waterway. E. Staff Recommendation: Staff recommends approval to reduce the fifty (50) foot front yard setback to a minimum of thirty-five (35) feet and to reduce the south fifteen (15) foot side yard setback to a minimum of ten (10) feet, and in accordance with paragraphs A, B, and D of this staff report. Board of Adjustment (March 18, 2021) The applicant was present. There were no persons present registered in opposition. The item was heard on the Regular Agenda. Staff presented the item and a recommendation of approval as outlined in the “Staff Recommendation” above. There was no further discussion. There was a motion to approve the application as recommended by staff. The motion was seconded. The vote was 5 ayes, 0 noes, and 0 absent. 3 MARCH 18, 2021 ITEM NO. 2 Z-6113-B File No.: Z-6113-B Owner: Heart Residence Management LLC Applicant: Rajesh Mehta Address: 1401 S. Shackleford Road Description: Parcel Number: 44L0800001500 Legal Description of Land A part of the Wl/2 of the NWl/4 of the NWl/4 of Section 10, T-1-N, Range 13 West, Pulaski County, Arkansas, more particularly described as: Commencing at the NW comer of Section 10; thence East 25.00 feet; thence South 01 degree 42 minutes 30 seconds West, 900.00 feet to the point of beginning; thence South 88 degrees 27 minutes 05 seconds East, 616.50 feet to a point on the West right of way of Kaufman Road; thence South 01 degree 34 minutes 38 seconds West, 227.00 feet along said right of way; thence North 88 degrees 26 minutes 03 seconds West 612.30 feet to a point on the East right of way Shackleford Road; thence North 00 degrees 15 minutes 51 seconds West, 138.4 feet along said right of way; thence North 01 degree 42 minutes 30 seconds East, 88.50 feet along said right of way to the point of beginning. LESS AND EXCEPT THE FOLLOWING 2 TRACTS 1) A part of the Wl/2 of the NWl_/4 of the NWl/4 of Section 10, T-1-N, R-13-W, Pulaski County, Arkansas, more particularly described as follows: Commencing at the NW comer of said Section 10; thence East 25.0 feet; thence South 01 degree 42 minutes 30 seconds West, 900 feet to the North property line of Little Rock Lodging Associates I, Limited Partnership, and the point of beginning; thence South 88 degrees 27 minutes 05 seconds East, 5.00 feet along said property line, thence leaving said North property line South 01 degree 44 minutes West, 88.23 feet; thence South 00 degrees 15 minutes 51 seconds East, 138.47 feet to the South property line of said Little Rock Lodging Associates I, Limited Partnership, thence with said South property line North 88 degrees 30 minutes 37 seconds West, 5.00 feet; thence North 01 degree 44 minutes 14 seconds East, 88.30 feet to the point of beginning. 2) A portion of the Wl/2 of the NWl/4 of the NWl/4 of Section 10, T -1-N, R-13-W, Pulaski County, Arkansas, more particularly described as follows, to wit: Commencing at the NW comer of Said Section 10; thence East 25.00 feet; thence South 01 degree 42 minutes 30 seconds West, 900.00 feet; thence South 98 degrees 27 minutes 05 seconds East, 606.5 feet to the point of beginning; thence continuing South 88 degrees 27 minutes 05 seconds East, 10.00 feet; thence South 01 degree 34 minutes 38 seconds West, 226.01 feet; thence North 88 degrees 30 minutes 37 seconds West, 10.00 feet; thence North 01 degree 34 minutes 38 seconds East, 226.01 feet to the point of beginning. Parcel No. 44L-080-00-01S-00 1 MARCH 18, 2021 ITEM NO. 2 (CON'T.)Z-6113-B Zoned: O-2 Conditional Use Permit (CUP) Variances Requested: A variance is requested from the sign height provisions of Section 36-553. Signs permitted in institutional and office zones. Justification: The applicant’s justification is presented per attached letter dated December 12, 2020. Present Use: Hotel Proposed Use: Hotel STAFF UPDATE On February 12, 2021 the applicant requested this application be withdrawn, without prejudice. He has decided not to proceed with the project at this time. Staff supports the withdrawal request. Board of Adjustment (March 18, 2021) The applicant was not present. There were no persons present registered in support or opposition. Staff informed the Board that the applicant submitted a letter to staff on February 12, 2021 requesting that this application be withdrawn, without prejudice. The applicant decided not to proceed with the project at this time. Staff supports the withdrawal request. The item was placed on the Consent Agenda and withdrawn , without prejudice as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent. 2 MARCH 18, 2021 ITEM NO. 3 Z-7051-A File No.: Z-7051-A Owners: Jeff Fuller Homes LLC Applicant: Jeff Fuller Address: 2400 N. Taylor Street Legal Description: Lot 7, Block 32, Parkview Addition Zoned: R-2 Present Use: Vacant Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from area regulations of Section 36- 254 to allow a reduced rear yard setback in the R-2 district; Justification: The applicant’s justification is presented as per the attached letter dated December 20, 2020. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Buffering and Landscape Comments: No Comments. C. Building Codes Comments: In October 2020 the City adopted the “Heights Landscape Design Overlay District,” requiring installation of one (1) tree per forty (40) linear feet of street frontage within the Heights District Boundary, applicable to [among other types] residential construction in excess of 600 square feet. D. Staff Analysis: The R-2 zoned property at 2400 N. Taylor Street is located within a predominantly R-2 zoned neighborhood, within the Heights Landscape Design Overlay District. This overlay district generally has no bearing on the subject variance requests. The site was previously occupied by a small one-story single-family home and detached garage/shed accessory building. The lot is on the northwest corner of N. Taylor and V Streets and approximately forty-seven (47) feet in width and 148 feet in length. The previous home fronted N. Taylor Street with the accessory structure located behind the residence at the rear of the property and a partial two-car asphalt pad connecting V Street to the structure. 1 MARCH 18, 2021 ITEM NO. 3 (CON’T.) Z-7051-A Since the filing of this application the existing structures have been razed and the property cleared. The applicant proposes a new two-story single-family home and attached garage. The new home will expand the footprint of the previous residence from approximately 1400 square feet to a total of 5383 square feet square foot which will include a three-car garage and covered porch. The length of this primary structure will be approximately 112 linear feet and maintain the twenty-five (25) foot front yard setback. However, the proposed length of the addition will expand into the twenty-five (25) foot rear yard setback approximately seventeen (17) feet reducing this required twenty-five (25)-foot width to eight (8) feet. If this were an accessory structure (detached) it would be permitted in the rear yard, with setbacks as narrow as three (3) feet and with no variance. Section 36-254(d)(3) of the City’s Zoning Ordinance requires a minimum rear setback of twenty-five (25) feet. The applicant requests a variance to allow the extension of the structure seventeen (17) feet into the rear yard setback. Staff finds the request to generally be in conformance with the development pattern in the Heights neighborhood and nearby area . Based on the above assessment and analysis, staff finds the requested variances to be reasonable. E. Staff Recommendation: Staff recommends approval of the requested rear yard setback reduction from twenty-five (25) feet to a minimum of eight (8) feet with the following conditions: 1.Install trees, if deemed applicable at the time of building permitting, in accordance with Heights Landscape Design Overlay District requirements. Board of Adjustment (March 18, 2021) The applicant was present. There were several persons registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “Staff Recommendation” above. Lucy Jackson expressed opposition and presented a petition signed by fourteen (14) of her neighbors. Ms. Jackson stated that the front yard and rear yard setbacks are not characteristic of the neighborhood. Chairman Allison emphasized that the front yard setback was not a variance request in the application. Staff presented a sketch showing the proposed front yard setback in compliance with the current zoning standard in the R- 2 District. Representing the application, Jeff Fuller emphasized the following points: 1) the required right-of-way and front yard setback resulted in a greater setback from the street than many of the houses on North Taylor Street; and 2) attaching the garage was the best option for the rear yard. 2 MARCH 18, 2021 ITEM NO. 3 (CON’T.) Z-7051-A A motion was made to approve the requested rear yard variance as recommended by staff. The motion was seconded. The vote was 5 ayes, 0 noes, and 0 absent. The application was approved. 3 MARCH 18, 2021 ITEM NO. 4 Z-9555 File No.: Z-9555 Owners: Hamp Stokes /Gwen Stokes Applicant: Hamp Stokes /Gwen Stokes Address: 2 Marchwood Cove Legal Description: Lot 10, Block 1, Sienna Lake Estates Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: Variances are requested from the height and area provisions of Section 36-516 to allow an increased fence height from four (4)feet to six (6) feet between a required building setback line and a street right-of-way. Justification: The applicant’s justification is presented as per the attached letter dated December 14, 2020. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Buffering and Landscape Comments: No Comments C. Building Codes Comments: No Comments D. Staff Analysis: The R-2 zoned property located at 2 Marchwood Cove is bordered by Sienna Lake Drive to the north, Sienna Lane to the east and Marchwood Cove to the south. A single-family home is located to the west adjacent to the subject property. The front of the home faces Marchwood Cove with a drive and garage accessed from Sienna Lake Lane. The rear of the home and associated back yard is adjacent to the Sienna Lake Drive right-of-way. The residence is located within a recently developed R-2 zoned neighborhood in the southwest portion of the city. The neighborhood is generally located north of Crystal 1 MARCH 18, 2021 ITEM NO. 4 (CON’T.) Z-9555 Valley Road and west of Interstate 430. The areas surrounding the neighborhood and zoned R-2 or AF (Agriculture and Forest District) and mostly characterized by dense mature forest. The applicant has requested to install a fence which exceeds the maximum of four (4) feet in height between the building setback and the street right -of-way. The proposal indicates a desire for a six (6) foot fence adjacent to the Sienna Lake Drive and Sienna Lake Lane rights-of-way on the north and east property lines. It has also been stated that the reason for the requested height extension is to contain the family dogs, provide a barrier to prevent deer from accessing the small garden, and to provide a secure play area for their grandchildren. Section 36-516 (e)(1)(a) of the City’s Zoning Ordinance states that the residential fence standards; “Between a required building setback line and a street right-of-way, the maximum height shall be four (4) feet. Other fences may be erected to a maximum height of eight (8) feet.” The applicant requests a variance to allow the extension of the fence height to six (6) feet on the north and east property lines. The City of Little Rock Department of Public Works Traffic Engineering reviewed the homeowners request on site to install a six (6) foot tall private fence along the north and east property lines and has found no issues with the sight distance. The Public Works findings are attached. Staff finds the request to generally be in conformance with the development pattern in the area and notes that other residential side and rear yards allow the construction of fences to a height of eight (8) feet. E. Staff Recommendation: Staff recommends approval of the requested side and rear yard fence variance as presented in the attached documentation with the condition that a survey, site plan indicating the fence location, and approval letter from Little Rock Public Works be submitted with permit application. Board of Adjustment (March 18, 2021) The applicant was present. There were no persons 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 5 ayes, 0 noes and 0 absent. 2 MARCH 18, 2021 ITEM NO. 5 Z-9556 File No.: Z-9556 Owners: Michael Wolfe Applicant: Michael Wolfe Address: 10633 Rivercrest Drive Legal Description: Lot 76, Block 3, Walton Heights Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from the area provisions of Section 36-254 to allow a reduced front yard setback in the R-2 district. Justification: The applicant’s justification is presented as per the attached letter dated December 14, 2020. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Buffering and Landscape Comments: No Comments. C. Building Codes Comments: No Comments. D. Staff Analysis: The R-2 zoned property located at 10633 Rivercrest Drive lies within a predominantly R-2 zoned neighborhood. Rivercrest Drive is characterized by a single row of homes on both the north and south sides of the street that back up to undeveloped wooded areas. The back yard of subject property on the south side of the street lies adjacent to a city owned PR (Parks and Recreation District) parcel while the homes on the north side of the road back up to a mostly unbuildable slope, railroad easement, and then southern bank of the Arkansas River. The site is currently occupied by a single-family home originally constructed in the 1960’s.The surrounding single family homes appear to have been developed in the 1 MARCH 18, 2021 ITEM NO. 5 (CON’T.) Z-9556 same time period and have been maintained and renovated through the years to establish a well-kept desirable neighborhood. The applicant stated that the front porch of their home is no longer structurally sound, doesn’t function well as a porch, and does not blend well with similar front facades of the surrounding homes. As indicated on the survey the front wall of the house has been built to the twenty-five (25) foot front yard setback. The existing porch structure extends 5.5 feet from the front wall of the house into the setback and is 13.3 feet in width. The proposed porch will extend approximately seven (7) feet from the face of the house to the outside edge of the existing sidewalk. The width of the new structure will be sixteen (16) feet. The proposed porch will occupy slightly more area than the existing porch structure and only partially encroach into the front yard setback Section 36-254(d)(1) of the City’s Zoning Ordinance requires a minimum front setback of twenty-five (25) feet. The applicant requests a variance to allow the extension of the structure 13.3 feet into the front yard setback. The width of the property is 100 feet. This small addition will not encroach into the side yards and only minimally impact the overall permeable area of the front yard. In addition, this will have little or no effect on the surrounding residenc es. Staff finds the request to generally be in conformance with the development pattern in this area, and based on the above assessment and analysis, finds the requested variance to be reasonable. E. Staff Recommendation: Staff recommends approval of the requested front yard setback reduction from twenty-five (25) feet to a minimum of seventeen (17) feet as per the attached site plan and proposed porch renovation and construction. Board of Adjustment (March 18, 2021) The applicant was present. There were no persons 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 5 ayes, 0 noes and 0 absent. 2 MARCH 18, 2021 ITEM NO. 6 Z-9557 File No.: Z-9557 Owner: Eliot Seven Holdings LLC, Attn: Anthony & Kimberly Gary Applicant: Hope Consulting, Inc., Attn: Jonathan Hope Address: 1014 Beechwood Street Description: Lot 4, Block 9, Hillcrest Addition Zoned: R-2 (Single-Family District) Variance Requested: A variance is requested from the area provisions of Section 36-156 to permit more than thirty (30) percent coverage of the rear yard for an accessory building. Justification: The applicant’s justification is presented as per the attached letter dated October 14, 2020. Present Use: R-2, Single Family Residential Proposed Use: R-2, Single Family Residential STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comment. B. Buffering and Landscape Comments: No Comment. C. Building Codes Comments: No Comment. D. Staff Analysis: The R-2 zoned property is located in the Hillcrest Overlay District at 1014 Beechwood Street and occupied by a one -story single-family frame home. The adjacent and surrounding properties are also occupied by single family residences with the adjacent south property being zoned PDR. The home to the north is a similar single-story home with alley access and on street parking located at the front of the property. The rear yard of the subject property is accessed from the alley on the west side of the property while the front of the home faces Beechwood Street . An existing planter and privacy fence are placed adjacent to the north property line and the survey indicates a retaining wall on the south property line. 1 MARCH 18, 2021 ITEM NO. 6 (CON’T.) Z-9557 The applicant is proposing to install an in-ground swimming pool with an associated deck in the rear yard where an existing driveway is presently located off of the alley. The applicant has stated that the location for this accessory structure has been chosen due to the existing utilities further east towards the residence and to maximize green space of the back yard. The rear yard space is approximately 3785 square feet in area and is currently occupied with an existing 320 square foot shed structure, and 165 square feet of sidewalk. The proposed pool and associated deck are indicated on the site plan to provide an additional 870 square feet of non -permeable area. The existing structures and proposed pool addition will yield approximately thirty-six (36) percent of coverage of the rear yard exceeding the maximum code allowance of thirty (30) percent. The proposed pool deck will be located on the north and west property lines with an approximate three (3) feet of surface before reaching the pool edge. The rest of the pool is surrounded with an additional three (3) foot concrete edge and larger concrete deck approximately nine (9) feet in width between the pool and existing shed. The proposed pool in the northwest corner of the property is set approximately forty-five (45) feet from the back of the house. 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... Swimming pools and all appurtenant structures both above ground and below grade of adjacent yard area shall be construed to be accessory structures and conform to the standards of this section…” The proposed in-ground pool would have less of an impact on the surrounding properties than an above ground structure. This proposal is similar to other neighborhood installations, and presents no foreseeable adverse effects to the neighboring residences. E. Staff Recommendation Staff recommends approval of the requested thirty-six (36) percent coverage variance per the attached site plan, subject to a building permit being obtained for all construction. Board of Adjustment (March 18, 2021) The applicant was present. There were no persons 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 5 ayes, 0 noes and 0 absent. 2 MARCH 18, 2021 ITEM NO. 7 Z-9558 File No.: Z-9558 Owner: Verizon Wireless Applicant: White-Daters & Associates, Inc., Attn: Tim Daters Address: 1101 Riverfront Drive Description: Tracts H-2 & H-3 Riverdale Addition Zoned: C-3 (General Commercial District) Variance Requested: A variance is requested from the building height provisions of Section 36-301 to permit primary structures to exceed the maximum of thirty-five (35) feet in height as allowable on C-3 zoned property. Justification: The applicant’s justification is presented as per the attached letter dated December 15, 2020. Present Use: Undeveloped Proposed Use: Multi-Family Development STAFF REPORT A. Planning and Development Civil Engineering Comments: 1. Stormwater detention ordinance applies to this property which is required to be satisfied at the time of the issuance of the Building Permit. Show the proposed location for stormwater detention facilities on the plan. Maintenance of the detention pond and all private drainage improvements is the responsibility of the developer and/or property owners association and detailed in the Bill of Assurance with mandatory fees collected for future maintenance. 2. Driveway locations and widths must meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed thirty-six (36) feet. Knox box should be installed at the secondary access, which is for fire and emergency access vehicles. 3. Traffic Study may be required to determine if additional left -turn stacking is required. B. Buffering and Landscape Comments: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements and the Chenal Overlay District. 2. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 1 MARCH 18, 2021 ITEM NO. 7 (CON’T.) Z-9558 C. Building Codes Comments: No Comment. D. Staff Analysis: The two C-3 zoned subject tracts are located at the northwest corner of Riverfront Drive and Cottondale Lane and contain a combined 11.42 acres. The neighboring property to the north is also zoned C-3 and contains a parking lot and a soccer field. The west side of the subject property is bordered with a levee, a heavily wooded railroad easement, and the Riverdale Shopping Mall which fronts Cantrell Roa d. The south portion of the property converges at Riverfront Drive and Cottondale Lane while the east edge of the property is bordered by Riverfront Drive. The development east of Riverfront Drive is zoned O-3 and occupied by the Verizon Wireless and Arkansas BlueCross BlueShield offices, associated parking and the Arkansas River behind the office facilities. The applicant proposes to construct a three building multi-family development as per R-5 guidelines which is allowable on C-3 zoned properties. The building elevations that have been submitted indicate a four-story complex proposing the main height of the building to be fifty-five (55) feet six (6) inches with an architectural tower feature rising to a maximum of sixty (60) feet at the site entry and leasing office. Section 36-301(d) states, “No building hereafter erected or structurally altered shall exceed a height of thirty-five (35) feet.” The applicant is requesting a variance to allow for a sixty-six (66) feet four (4) inches building height. The proposed complex indicates three (3) separate four (4) story buildings. The Leasing Office / Building one (1) will be accessed from Riverfront Drive. Building two (2)is proposed to be located north of the Building one (1) and adjacent to the street right-of-way while Building three (3) will be placed in the back-northwest area of the site adjacent to the railroad easement. A gated entry north and south of the leasing office will access the associated parking which will be lar gely located within the interior of the site and on the north perimeter of the complex. Smaller parking areas and the secondary facades of the three buildings will be adjacent to the other property lines. The closest buildings to this proposed development have been constructed in excess of thirty-five (35) feet. The O-3 Verizon property to the east is developed with several multi-story buildings all of which exceed four (4) stories while a four (4) story apartment complex is located north of Cedar Hill Road. The apartment building on Cedar Hill Road is similar in style, height, and materials and was also developed on a C-3 zoned property for which a height variance was granted. Staff is supportive of the height variance due to numerous nearby buildings exceeding thirty-five (35) feet in height. 2 MARCH 18, 2021 ITEM NO. 7 (CON’T.) Z-9558 E. Staff Recommendation: Staff recommends approval of the requested variance to exceed the thirty-five (35) foot height maximum typically permitted in C-3 zoning and to allow a building height not to exceed sixty (60) feet. Board of Adjustment (March 18, 2021) The applicant was present. There were no persons 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 5 ayes, 0 noes and 0 absent. 3 MARCH 18, 2021 ITEM NO. 8 Z-9559 File No.: Z-9559 Owner: Centennial Bank Applicant: Little Rock Sign – Conway Sign Inc., Attn. Bob Whitehouse Address: 1301 Rebsamen Park Road Description: Ross Mauney Subdivision, Lots 1 and 2, Lot 2 Top Coat Subdivision Zoned: I-2 Variance Requested: Variances are requested from the sign provisions of Section 36-557 to allow wall signs without street frontage. Justification: The applicant's justification is presented as per the attached letter dated December 15, 2020. Present Use: Under construction Proposed Use: Bank / Office STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comment. B. Buffering and Landscape Comments: No Comment. C. Building Codes Comments: No Comment. D. Staff Analysis: The I-2 zoned property located at 1301 Rebsamen Park Road was formerly occupied by the Dixie Café restaurant and now occupied by a three-story commercial bank building which is under construction. The property is located at the east side of Rebsamen Park Road between Cantrell and Cedar Hill Roads. The south property line is adjacent to a two-lane private drive that services several office buildings to the east of the subject property. The adjacent property to the north is occupied by the Town Pump bar / restaurant and liquor store while the propert ies to the west across Rebsamen Park Road are occupied with a Waffle House restaurant and parking lots that service a Boy Scouts of America facility and the Bank of England on the northeast corner of Rebsamen Park Road and Cedar Hill Road. A paved drainage channel borders the east property line with CDI Cont ractors office located on the other side of the stormwater culvert. 1 MARCH 18, 2021 ITEM NO. 8 (CON’T.) Z-9559 The new occupant of this commercial building (Centennial Bank) is requesting to install wall signs on the north, south, and east building elevations which are not adjacent to street frontage as required by code. The proposed north wall sign at the front of the building will indicate the name of the facility and be approximately thirty eight (38) feet in length and thirty-six (36) inches in height (114 square feet). In addition, a Centennial Bank logo is on the west portion of the north façade approximately nine (9) feet in width and five (5) feet in he ight (45 square feet). A logo approximately twenty (20) feet in width and twelve (12) feet in height (240 square feet) is proposed for the south elevation facing the private drive and the east elevation facing the drainage channel and CDI contractors will replicate the proposed south elevation sign in size and style. 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 applicant has stated that the front of the building is not oriented towards the street. Therefore, a request is being made to place signage on the sides of the building that will be most visible to vehicular traffic. The applicant has indicated that a precedent has been set in this area for building signage that does not face the primary road. The Bancroft building facing Cantrell and serviced by the private drive at the south of the subject property has provided graphics on each of the four sides of the building facing all directions of approaching vehicles. The proposed wall signs conform with guidelines for building mounted signs in all respects, with exception of the north, south, and east orientations adjacent to the surrounding private properties rather than public streets. Except for the west side of the building adjacent to Rebsamen Park Road, vehicular traffic approaches the building from either the north, south or east with Rebsamen Park Road only participating as an access to onsite parking. The applicant stated the existing circulation routes to the site imply the need for proposed wall signs which will be visible to this approaching traffic. Based on the above assessment and analysis, staff finds the requested variances to conform to established sign patterns throughout the surrounding area . E. Staff Recommendation: Staff recommends approval of the requested wall mounted signs as specified in the submitted plans and elevations. 2 MARCH 18, 2021 ITEM NO. 8 (CON’T.) Z-9559 Board of Adjustment The applicant was present. There were no persons 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 5 ayes, 0 noes and 0 absent. 3 MARCH 18, 2021 ITEM NO. 9 Z-5928-A File No.: Z-5928-A Owners: Ross Clinton Davis & Sara Nutt Davis Applicant: Yeary Lindsey Architects Address: 5423 Country Club Blvd. Legal Description: Lot 9R, Block 4, Country Club Heights Addition Zoned: R-2 (Single-Family District) Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: Request from the area provisions of Sec. 36-254 to allow a reduced side yard setback in an R-2 District. Justification: The applicant’s justification is presented as per the attached letter dated January 18, 2021. STAFF REPORT A. Planning and Development Civil Engineering: No Comments. B. Buffering and Landscape Comments: 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 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 (501)371-4832 for additional details. 1 MARCH 18, 2021 ITEM NO. 9 (CON’T.) Z-5928-A D. Staff Analysis: The R-2 zoned property located at 5423 Country Club Boulevard is occupied by a single-family residence. The parcel sets on the southeast corner of North Polk Street and Country Club Blvd. The home fronts Country Club Blvd and off-street parking is accessed on the west side of the property from North Polk Street. A single-family home is located south of the property that faces Stonewall Road. An additional single-family home is located east of the subject property with an associated one- lane drive separating the neighboring house and the shared property line. The applicant has submitted a sketch proposing a new raised covered patio and retaining wall located on the east side of the home. The applicant’s letter of intent additionally states that the porch would project six (6) feet three (3) inches from the side of the primary structure to within one (1) foot four (4) inches of the east property line. The applicant has also stated that the new porch would be thirty (30) feet in length and would cover the existing stoop that accesses the home’s kitchen and incorporate an existing patio area to the north. The associated brick retaining wall would terminate on the east property line and a new fence or brick wall will be constructed on top of the wall to provide privacy. The survey indicates the lot width to be fifty (50) feet which would normally requires a 5-foot side yard setback. The length of the lot is 140 feet and currently the eastern side yard setback is compliant with the current zoning code. While the primary structure will remain unchanged the exterior patio addition will be built to the property line eliminating thirty (30) linear feet of this side yard setback. This is not out of character with the surrounding properties in this older established neighborhood. Property searches within proximity to the subject parcel indicate several homes showing the entirety of the primary dwelling walls constructed on the property line eliminating all of the required side yard setback. Section 36-254(d)(2) states “Side yard. There shall be a side yard set-back 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 eight (8) feet.” The applicant requests a variance to allow an encroachment into the east side-yard setback. Based the analysis above, Staff believes the subject proposal is in keeping with the character and scale of the neighborhood and views the variance request as reasonable. E. Staff Recommendation: Staff recommends approval of the requested side yard setback, per the submitted survey / site plan sketch. 2 MARCH 18, 2021 ITEM NO. 9 (CON’T.) Z-5928-A Board of Adjustment (March 18, 2021) The applicant was present. There were no persons 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 5 ayes, 0 noes and 0 absent. 3 MARCH 18, 2021 ITEM NO. 10 Z-9568 File No.: Z-9568 Owners: Seth & Hailey Easley Applicant: Yeary Lindsey Architects Address: 4415 Country Club Blvd. Legal Description: Lot 9R, Block 4, Country Club Heights Addition Zoned: R-2 (Single-Family District) Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: Request from the area provisions of Sec. 36-254 to allow a reduced side yard setback in an R-2 District. Justification: The applicant’s justification is presented as per the attached letter dated January 18, 2021. STAFF REPORT A. Planning and Development Civil Engineering Comments: Per City code Sec. 30-43, 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, except where proper ty abuts an alley the minimum distance shall be ten (10) feet. B. Buffering and Landscape Comments: In October 2020 the City adopted the “Heights Landscape Design Overlay District,” requiring installation of one (1) tree per forty (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 Comments: The required fire separation distance (building to property line) prescribed by th e 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 (501)371-4832 for additional details. 1 MARCH 18, 2021 ITEM NO. 10 (CON’T.) Z-9568 D. Staff Analysis: The R-2 zoned property located at 4415 Country Club Blvd. was previously occupied by a single-family residence. The overall property sets on the southeast corner of North Palm Street and Country Club Blvd. The original home has since been demolished and the property divided into two separate single-family lots. The subject property occupies the eastern half of this formerly larger parcel and fronts Country Club Blvd. An alley borders the eastern property line and the rear of the proposed home is adjacent to a single-family residence that faces N Palm Street. The west side of the property is adjacent to a new single -family home currently under construction. The applicant has indicated the proposed garage for the home will be located off the alley on the east side of the property. The applicant’s letter of intent additionally states that the narrow ten (10)-foot-wide alley provides a challenge for vehicular access turning into the garage and proposes that the eastern wall of the house be placed deeper beyond the required 7.2-foot setback. This would allow for an approximate twelve (12)-foot turning radius to access into the garage and provide most of the house setback greater than twelve (12) feet but in no case less than 9.7 feet. Pushing the structure to the west to accommodate vehicular circulation on the east side of the home has caused a portion of the residence to encroach into the setback. The attached sketch indicates most of the proposed residence western wall will be located 7.9 to 8.5 feet from the property line. However, a section of the residence approximately 26 feet in length will encroach into the 7.2-foot western setback. This 26-foot section of the façade is proposed to be constructed 3 to 3.2 feet from the west property line as indicated on the attached site plan. Section 36-254(d)(2) states “Side yard. There shall be a side yard set-back 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 eight (8) feet.” The applicant requests a variance to allow an encroachment into the west side-yard setback. Based on the above analysis, Staff believes the proposal is in keeping with the character and scale of the neighborhood and views the variance request as reasonable. In most cases, the east and west side yard setbacks exceed the 7.2 - foot code requirement. In addition, the adjacent property owner to the west at 4419 Country Club Blvd has provided a letter in support of a three (3)-foot side yard setback. E. Staff Recommendation: Staff recommends approval of the requested side yard setbacks, per the submitted site plan dated January 14, 2021, with the following conditions: 1. Install trees in accordance with the Heights Landscape Design Overlay District. 2 MARCH 18, 2021 ITEM NO. 10 (CON’T.) Z-9568 Board of Adjustment (March 18, 2021) The applicant was present. There were no persons present registered in opposition. The item was heard on the Regular Agenda. Staff presented the item and a recommendation of approval as outlined in the “Staff Recommendation” above. There was no further discussion. There was a motion to approve the application as recommended by staff. The motion was seconded. The vote was 5 ayes, 0 noes, and 0 absent. 3 MARCH 18, 2021 ITEM NO. 11 Z-9569 File No.: Z-9569 Owner: Kenneth Redus / L Visa Beavers Applicant: Kenneth Redus Address: 2901 S. Summit Street Description: Lot 1, Block 2 and Lot 12, Sunset Addition Zoned: R-3 (Single-Family District) Variance(s) Requested: Request from the area provisions of Sec. 36-252 to allow an accessory building to be located on a lot not occupied by a primary structure in an R-3 District. Justification: The applicant’s justification is presented as per the attached letter dated January 19, 2021. STAFF REPORT A. Planning and Development Civil Engineering: No Comments. B. Buffering and Landscape Comments: No Comments. C. Building Codes Comments: No Comments. D. Staff Analysis: The currently vacant R-3 zoned property located at 2901 S. Summit Street was previously occupied by a single-family residence. The former home was demolished in the mid 2000’s and the lot has retained only turf and mature trees on the perimeter. The overall property sits on the southeast corner of S. Summit and W. 29th Streets. The subject property faces Summit Street with the north perimeter being adjacent to the 29th Street right-of-way. The east perimeter is bordered by an alleyway accessed off 29th Street and an adjacent single-family residence is located to the south of the subject property. The remainder of the neighborhood is characterized predominantly by single family homes and numerous vacant lots. 1 MARCH 18, 2021 ITEM NO. 11 (CON’T.) Z-9569 East of the subject property, across the alley the applicant owns an additional property with a dwelling at 1901 W. 29th Street. The alley dividing the two lots serves as a utility easement and cannot be closed. The applicant is requesting that the vacant Summit Street property west of the alley (subject property) be considered as an accessory lot to the off-site property occupied by the dwelling. The applicant has provided a sketch indicating a 20’x30’ metal garage / storage building to be constructed on a concrete slab. This preliminary site p lan shows the structure sited three (3) feet from the east property line adjacent to the alley and three (3) feet from the south property line adjacent to the neighboring residential property. The minimum side yard setback for an accessory building shall b e no less than three (3) feet and the proposed building is shown to be located within the parameters of the code requirements. Section 36-254(5) states “In R-2, R-3, R-4 and R-7A districts, a single-family dwelling or manufactured home must be on the site prior to approval of location of an accessory dwelling.” The applicant requests a variance to allow an accessory building on a separate lot adjacent to an alley and property occupied by the applicant’s primary dwelling. Based the analysis above, Staff believes the proposal is in keeping with the character and scale of the neighborhood and views the variance request as reasonable. The neighborhood has developed with accessory buildings located in the rear yards of the residential properties and accessed from the alleys. In addition, the proposed structure will be placed to allow for a future dwelling located on the subject property if desired. E. Staff Recommendation: Staff recommends approval of the requested accessory building located on the property adjacent to the applicant’s primary dwelling property. Board of Adjustment (March 18, 2021) The applicant was present. There was one (1) person present registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “Staff Recommendation” above. Dessa Murphy expressed opposition on behalf of the property owner of 2905 South Summit Street, Earl Criswell. She emphasized concerns regarding the potential decrease in property value with the placement of the accessory building on the subject property without a primary structure. The applicant, Kenneth Redus, a real estate appraiser, emphasized that the placement of the accessory building would not decrease property value. He stated that his efforts to continue to improve the property adds value to adjacent property and surrounding properties. 2 MARCH 18, 2021 ITEM NO. 11 (CON’T.) Z-9569 There was a motion to approve the application as recommended by staff. The motion was seconded. The vote was 5 ayes, O noes, and 0 absent. 3 MARCH 18, 2021 ITEM NO. 12 Z-9570 File No.: Z-9570 Owners: Eric Wippo / Mary Margaret Jones Applicant: Eric Wippo Address: 1701 N. Palm Street Legal Description: Lot 18 except the North 20 feet and Lot 17, Block 4, except the South 15 feet thereof, Cliffwood Addition Zoned: R-2 (Single-Family District) Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: Request from the area provisions of Section 36-156 to permit more than 30% coverage of the rear yard for an accessory building. Justification: The applicant’s justification is presented as per the attached letter dated January 19, 2021. STAFF REPORT A. Planning and Development Civil Engineering: No Comments. B. Buffering and Landscape Comments: In October 2020 the City adopted the “Heights Landscape Design Overlay District,” requiring installation of one tree per forty (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 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 (501)371-4832 for additional details. 1 MARCH 18, 2021 ITEM NO. 12 (CON'T.) Z-9570 D. Staff Analysis: The R-2 zoned property is located in the Heights Overlay District at 1701 N Palm Street and occupied by a one-story single-family frame home. A driveway on N Palm Street serves as access to a parking structure at the rear of the property. The adjacent and surrounding properties are also predominantly single-family residences. The survey indicates that the rear yard is mostly occupied by a carport with an attached frame structure, and freeform concrete patio. The building and carport are located approximately 4.5 feet from the east (rear) property line and 2.5 feet from the north (side) property line. The patio fills most of the remainder of the backyard with shrub vegetation between the structures and the concrete deck edge. The applicant is proposing to remove the existing concrete patio and install an in- ground swimming pool and associated pool deck. In addition, the applicant also proposes to construct a small addition to the rear of t he primary residence that will extend into the rear yard. The addition to the primary dwelling is indicated to be 16 x 22 feet in area. This new structure will not expand into the 25-foot rear yard setback and a variance for the extension will not be required. The proposed swimming pool is shown to be constructed within the allowable setbacks for accessory structures. The rear yard is approximately 1,875 square feet in area. The frame building occupies approximately 705 square feet of this space. Currently, the rear yard coverage exceeds the 30 percent maximum allowance by an approximate 8 percent. The proposed 16x20 pool will be mostly located in the rear yard setback and add an additional 300 square feet to the area bringing the overall rear yard coverage up to approximately 54 percent. Sec. 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... Swimming pools and all appurtenant structu res both above ground and below grade of adjacent yard area shall be construed to be accessory structures and conform to the standards of this section…” Staff views the rear yard coverage of this existing small space as minor compared with the buildable capacity available to the property owner. The proposed in-ground pool would have less of an impact on the surrounding properties than an above - ground structure. In addition, the expansion of the primary dwelling is allowable within the code requirements. This proposal is similar to other neighborhood installations. Apart from the house addition the additional backyard coverage cannot be viewed from neighboring properties and presents no foreseeable adverse effects to the neighboring residences. 2 MARCH 18, 2021 ITEM NO. 12 (CON'T.)Z-9570 E. Staff Recommendation: Staff recommends approval of the requested coverage variance per the attached site plan, subject to a building permit being obtained for all construction. Board of Adjustment (March 18, 2021) The applicant was present. There were no persons 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 5 ayes, 0 noes and 0 absent. 3 MARCH 18, 2021 ITEM NO. 13 Z-9571 File No.: Z-9571 Owners: JL House Investments LLC Applicant: Jason & Lara Hum Address: 4419 Country Club Blvd. Legal Description: Lot 8R, Block 4, Country Club Heights Addition Zoned: R-2 (Single-Family District) Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: Request from the area provisions of Sec. 36-156 to allow a reduced side yard setback for an accessory building in an R-2 District. Justification: The applicant’s justification is presented as per the attached letter dated January 19, 2021. STAFF REPORT A. Planning and Development Civil Engineering: 1.Only 6.5 ft. is proposed from the garage to the property line. A vehicle parked outside of the garage will be off the subject property and within the public right- of-way. Per Sec. 30-5, it is unlawful for any person to block any part of any right-of-way, street, or alley of the city. In addition, per Sec. 31 -256, building lines for residential lots shall be at least 25 ft. form each street property line. The garage should be relocated to at least 20 ft. from the property line. B. Buffering and Landscape Comments: In October 2020 the City adopted the “Heights Landscape Design Overlay District,” requiring installation of one tree per forty (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 Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Building s 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 1 MARCH 18, 2021 ITEM NO. 13 (CON'T.) Z-9571 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 (501)371-4832 for additional details. D. Staff Analysis: The R-2 zoned property located at 4419 Country Club Boulevard was previously occupied by a single-family residence. The property sets on the southeast corner of North Palm Street and Country Club Blvd. The original home has since been demolished and the property divided into two separate single-family lots. The subject property occupies the western half of this formerly larger parcel and fronts Country Club Blvd. A single-family home is planned for the adjacent east property, and the rear-yard of the development will be located adjacent to a single-family home to the south that faces N Palm Street. The applicant is proposing a 20’x20’ detached garage to be located on the west side of the site adjacent to North Palm Street right-of-way. The property owner is requesting that it be allowable for the garage to be placed 6.5 feet from the right -of- way line instead of the15 feet side-yard setback as required for accessory buildings. The lot is indicated to be 65 feet at its widest point requiring a minimum 6.5 -foot side yard setback between the primary structure and the east and west property lines. With minor exceptions, most of the primary dwelling will be located 10 feet from the side yard boundaries. The site plan specifies that the proposed detached garage will be positioned on the primary dwelling setback line at 6.5 feet from the street right - of-way. The applicant has stated that requiring the structure to be located 8.5 feet further to the east within the fifteen (15)-foot accessory building boundary is not feasible due to the size and terrain of the site. Also, by adhering to the accessory building requirement the length of the drive would extend to almost 30-feet but eliminate most of the back yard. The provided site sketch indicates that the garage is proposed to be placed 6.5 feet east of the west property line and would provide for a twenty (20)- foot drive length from the front of the garage to the back of the street curb and retain a backyard living space. Section 36-156(2)(c) states “Accessory buildings or structures in the R-1 through R- 4A districts shall not be located closer than sixty (60) feet to the front property line, fifteen (15) feet from a street side line and may not occupy more than thirty (30) percent of the required rear yard area.” The applicant is requesting a variance to allow an encroachment of an accessory structure into the west side-yard setback. However, when measuring the sketch provided by the applicant it appears that there is only an approximate ten (10) feet of drive west of the property line totaling 16.5 feet between the street and the face of the garage. 2 MARCH 18, 2021 ITEM NO. 13 (CON'T.)Z-9571 As proposed, the site variance request will provide a larger rear yard. Staff views the variance request as generally reasonable but is requesting that garage be moved an additional 3.5 feet to the east. This adjustment will align the front of the garage with primary western residence wall 10 feet east of the property line. This will provide a twenty (20)-foot drive between the street curb and the garage; and also preserve the majority of the rear yard space. Based on the analysis above, Staff believes the proposal is in keeping with the character and scale of the neighborhood. E. Staff Recommendation: Staff recommends approval of the requested side yard setback with the following conditions: 1. The garage be placed 3.5 feet further to the east aligning the garage with the primary western wall of the residence creating a minimum 20 -foot drive length between the face of the garage and the back of the street curb. 2. Install trees in accordance with the Heights Landscape Design Overlay District. Board of Adjustment (March 18, 2021) The applicant was present. Two (2) persons registered in opposition, although they were absent during the presentation of the item. The item was heard on the Regular Agenda. Staff presented the item and a recommendation of approval as outlined in the “S taff Recommendation” above. There was no further discussion. There was a motion to approve the application as recommended by staff. The motion was seconded. The vote was 5 ayes, 0 noes, and 0 absent. 3 MARCH 18, 2021 ITEM NO. 14 Z-9572 File No.: Z-9572 Owners: Moses and Joyce Ejiofor Applicant: Billy Joe Rouse Jr (Lexcor, LLC) Address: 1402 Loyola Drive Legal Description: Lot 1, Block 4, Phase 3, The Village of Wellington Zoned: R-2 (Single-Family District) Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: Request from the area provisions of Sec. 36-513 to allow a driveway to exceed the 20-foot width limitation. Justification: The applicant’s justification is presented as per the attached letter dated December 14, 2020. STAFF REPORT A. Planning and Development Civil Engineering: 1. Loyola Drive is 31 ft wide and striped with a bike lane and existing sidewalk at this location with multiple modes of transportation uses. The applicant proposes a driveway width that exceeds the existing street width. The less than or equal to 27.5 ft width proposed by staff is acceptable. Once on the property outside of the public right-of-way, the driveway can widen to the desired width. 2. Per City code Sec. 30-43, the maximum residential driveway shall not exceed 20 ft. The 20 ft maximum shall not apply to a paved driveway to a garage or carport provided the paved driveway does not exceed the width of the garage or carport and the distance from the right-of-way to the entrance of the garage or carport is less than 50 ft. Limit two (2) car garages. The driveway should be constructed per CLR Public Works Detail PW-30 and PW-31. 3.The National Cooperative Highway Research Program, Report 659 states than anywhere from eleven (11) to nineteen (19)% of all reported urban traffic collisions involve a driveway. The location and design of a driveway affects both traffic flow and safety on both the driveway and on the adjacent public street. Driveway s should be located and designed to minimize negative impacts on traffic operations while 1 MARCH 18, 2021 ITEM NO. 14 (CON’T) Z-9572 providing safe entry and existing to/from the abutting property. The location and design should take into account characteristic of the roadway, abutting propertie s, and the various users. B. Buffering and Landscape Comments: No Comments. C. Building Codes Comments: No Comments. D. Staff Analysis: The R-2 zoned property located at 1402 Loyola Drive lies within The Villages of Wellington neighborhood which is predominantly made up of single-family homes. Loyola Drive is characterized by a single row of houses on both the north and south sides of the street. Most of the houses in this area include drives that acce ss attached garages facing the roadway or side yards. The subject property faces north with the garage and drive access located on the west side of the property. The existing drive curb-cut is approximately 21.5 feet in width. Within the property boundary, the drive is proposed to widen an additional approximate 10 feet allowing an off-street parking pad west of the garage. The edge of this parking area is bordered by a small retaining wall approximately eight (8) feet from the neighboring property. The applicant has provided a site plan proposing an additional 7.9 -8.9 feet of paving adjacent to the existing drive. In addition, a new retaining wall will be located on the edge of the new paving and a small portion of the west property line. The plans also indicate that the proposed drive will extend into the street right-of-way expanding the overall drive width to 36 feet. Sec. 36-513(d) states, “No person, including any owner, tenant, manager, or occupant of property used as a residence, shall allow any person to, keep, store or park any motor vehicle on any portion of a front yard or corner street side yard of any property used as a residence, except on a paved surface or on an unpaved designated driveway area and parking pad not to exceed twenty (20) feet in width….” Sec. 36-513(d)(1) states, “The twenty-foot width limitation shall not apply to a paved driveway to a garage or carport, provided the paved driveway does not exceed in width the width of the garage of carport;” The existing drive does exceed the width of the garage. The applicant is requesting an additional width expansion of the drive to the west with an associated new retaining wall adjacent to the proposed expansion. The proposal also requests an 2 MARCH 18, 2021 ITEM NO. 14 (CON’T) Z-9572 extension of the drive into the public right-of-way which would exceed the maximum opening of a residential driveway as stipulated in Sec. 30-43(2) “Layout and design generally”, for the construction of curbs, driveways, and sidewalks. The documentation provided by the Village of Wellington Community Association declines to allow the widening of the drive beyond the property line. Little Rock Public Works has also been consulted and will accept the drive widening in the public right- of-way to the width of the existing drive, 27.5 feet but not to the 36 foot width of the proposed paving and new retaining wall inside of the property as requested by the applicant. Staff finds the request to generally be in conforma nce with the development pattern in this area. Based on the above assessment and analysis, Staff finds the requested variance width for the expansion within the property lines to be reasonable. E. Staff Recommendation: Staff recommends approval of the requested driveway width expansion within the limits of the property, with the following conditions: 1. The drive expansion into the public right-of-way shall be limited to an additional width of 5.5 feet, to an approximate 27.5 feet total width as recommended by Planning and Development Civil Engineering. Board of Adjustment (March 18, 2021) The applicant was present. There was no person registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “Staff Recommendation” above. Representing the application, Billy Rouse, Jr. (Lexcor, LLC) expressed opposition to the staff recommendation and conditions as outlined in the staff report. He stated that the request to expand the full drive width into the public right -of-way was characteristic of other homes in the Wellington neighborhood. Staff explained 20 feet, or the width of the garage, dictate the maximum wid th of the driveway, and staff recommends 27.5’ as a “compromise width” within the street right -of- way. The applicant asked if the 27.5’ driveway width within the Loyola Drive right -of-way is in addition to the driveway curb returns, and staff responded, “yes.” There was a motion to approve the application as recommended by staff. The motion was seconded. The vote was 5 ayes, 0 noes, and 0 absent. The application was approved. 3 BOARD OF ADJUSTMENT - VOTE RECORD DATE: 03-18-21 Time:4:00PM Time In / Time Out In Out ALLISON, FRANK P BERTRAM, JAMES R GRINDER, AUSTIN R JUSTUS, JOE R LASHLEY, KATHERINE P ITEM & VOTE Item Number: ALLISON, FRANK Minutes ✓ BERTRAM, JAMES ✓ GRINDER, AUSTIN ✓ JUSTUS,JOE ✓ LASHLEY, KATHERINE ✓ Consent P= Present R= Webex V AYE ■ NAYE A ABSENT R RECUSE AB ABSTAIN Meeting Adjourned 5:30 PM BOARD OF ADJUSTMENT - VOTE RECORD (Continued) DATE: 03-18-21 Time:4:00PM Time In / Time Out In Out ALLISON, FRANK P BERTRAM, JAMES R GRINDER, AUSTIN R JUSTUS,JOE R LASHLEY, KATHERINE P P= Present R= Webex ITEM & VOTE Item Number: ALLISON, FRANK Regular 1 ✓ 3 ✓ 10 ✓ 11 ✓ 13 ✓ 14 ✓ BERTRAM, JAMES ✓ ✓ ✓ ✓ ✓ ✓ GRINDER, AUSTIN ✓ ✓ ✓ ✓ ✓ ✓ JUSTUS,JOE ✓ ✓ ✓ ✓ ✓ ✓ LASHLEY, KATHERINE ✓ ✓ ✓ ✓ ✓ ✓ V AYE • NAYE A ABSENT R RECUSE AB ABSTAIN Meeting Adjourned 5:30 PM BOARD OF ADJUSTMENT - VOTE RECORD CHAIR/VICE-CHAIR ELECTION DATE: 03-18-21 Time:4:00PM Time In / Time Out ALLISON, FRANK P BERTRAM, JAMES R GRINDER, AUSTIN R JUSTUS,JOE R LASHLEY, KATHERINE P ITEM & VOTE Item Number: Chairman (Allison) vice -Chair (Bertram) ALLISON, FRANK ✓ ✓ BERTRAM, JAMES ✓ ✓ GRINDER, AUSTIN ✓ ✓ JUSTUS,JOE LASHLEY, KATHERINE ✓ ✓ ✓ ✓ P= Present R= Webex V AYE • NAYE A ABSENT R RECUSE AB ABSTAIN Meeting Adjourned 5:30 PM MARCH 18, 2021 There being no further business before the Board, the meeting was adjourned at 5:30 p.m. Date: /-2-6 Z6 Chairman Secretary