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boa_10 21 2021BOARD OF ADJUSTMENT Frank Allison - Chairman James Bertram - Vice-Chairman Austin Grinder Joe Justus Katherine Lashley The five (5) member board of Adjustment is a quasi-judicial body. Hearing Procedure – Opportunities to speak will be given to the applicant and others for or against an application. A spokesperson should be designated for large groups to avoid repetition and save time. Each person speaking is requested to use the microphone, giving first his or her name and address. Persons in the audience are requested to keep conversations to a minimum and to refrain from clapping or other noises. Your cooperation is appreciated. Voting – During Public Hearings where fewer than the full Board membership is present, every application shall be required to receive three (3) affirmative votes to approve or deny issues other than procedural matters. Those items failing to receive three (3) votes for approval or denial are automatically deferred to the next scheduled meeting as specified by the Little Rock Board of Adjustment. An application not receiving three (3) votes either for approval or denial on the second appearance before the Little Rock Board of Adjustment is automatically denied. If the full Board is present at the first appearance and an application does not receive at least three (3) affirmative votes, then the application is automatically denied. Time Limit – All variances for approval with or without conditions shall be granted for a period of two years from the date of approval. Within the two year time period the applicant should have obtained a building permit as well as initiate some type of construction. Appeals – In the event of denial of the variance requested, the applicant has the right to file an appeal with Circuit Court if pursuit of the request is desired. Office – For information or assistance, contact can be made at the Department of Planning and Development, located on the first floor, 723 West Markham Street or by telephoning 371-4790. LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE OCTOBER 21, 2021 4:00 P.M. I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the September 16, 2021 meeting of the Board of Adjustment lII. Presentation of Consent Agenda IV. Presentation of Hearing Items LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES OCTOBER 21, 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 September 16, 2021 meeting of the Board of Adjustment. The Minutes of the August 19, 2021 meeting were approved. Members Present: Frank Allison - Chairman Richard Bertram -Vice Chair Justin Grinder Joe Justus Katherine Lashley Members Absent: None City Attorney Present: Sherri Latimer LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA OCTOBER 21, 2021 4:00 P.M. I. OLD BUSINESS: No Old Business II. NEW BUSINESS: 1. Z-2961-A 5912 Scenic Drive 2. Z-4807-S 800 N. Kirk Road 3. Z-7315-A 322 S. Broadway Street 4. Z-8257-C 5701 Kavanaugh Blvd. 5. Z-9195-A 2823 N. Pierce Street 6. Z-9618 101 S. Bowman Road 7. Z-9619 1701 N. Taylor Street 8. Z-9620 3001 Circlewood Road 9. Z-9621 31 Beverly Place 10. Z-9622 614 E. 16t" Street 11. Z-9623 6714 Juniper Road OCTOBER 21, 2021 ITEM NO.: 1 Z-2961-A File No.: Z-2961-A Owners: Noel and Jordan Uzick Applicant: Noel Uzick Address: 5912 Scenic Drive Legal Description: Lot B. Block 3, East Palisades, an addition to the City of Little Rock, Pulaski County, Arkansas. Zoned: R-2 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 and front yard setback in an R-2 District. A variance is requested from the building line provisions of Sec. 31-12 to allow a building addition which crosses a platted front yard building line. Justification: The applicant's justification is presented as per the attached letter. 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 property 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 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 1 OCTOBER 21, 2021 ITEM NO.: 1 (CON'T.) Z-2961-A 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. D. Staff Analysis: The property at 5912 Scenic Drive is in a predominantly R-2 zoned neighborhood, within the Heights Landscape Design Overlay District. This overlay district generally has no bearing on the variance requests. The subject property is located on the north side of the street, east of the intersection of N University Ave and Scenic Drive. The parcel was originally developed with a single -story brick and frame home and an inground swimming pool. The applicant has stated that the home was unlivable, and it was razed in January of 2020. The lot remains vacant except for the pool which will be incorporated into the new development. The proposal for this property is to build a new one-story single-family home with a basement. The applicant has stated that the intention is to rebuild the house and stay consistent with the aesthetic of the surrounding single -story houses on the street. To provide the living space needed at street level, the applicants architect has encroached both side yard setbacks and the platted front building line. The survey indicates the lot to be 80-feet in width which would require the maximum 8-foot side yard setback for R-2 zoned properties. In addition, the survey also specifies a 20-foot front yard building line. The first -floor plan indicates that the proposed structure will cross both the east and west side yard setback lines 3-feet and encroach on front building line by 1-foot. 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 of the new foundation, roofline, and overhang into the east and west side -yards reducing both setbacks 3-feet. 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 6-feet into the front yard setback. Section 31-12(b) of the City's Subdivision Ordinance states, "In those instances where a recorded subdivision plat has established building setback lines in accordance with this chapter variances of those lines shall only be granted by the 2 OCTOBER 21, 2021 ITEM NO.: 1 (CON'T.) Z-2961-A Board of Adjustment." The platted front building setback for the subject property is 20-feet, and the requested setback is 19-feet. Staff finds the requests 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. If the Board approves the requested side yard setback line variance, the applicant must then produce a one -lot replat reflecting the approved change. As such, the applicant must also review filing procedures with the County Clerk's office to determine if the replat will require a revised Bill of Assurance and respond as necessary and appropriate, as part of said replat. E. Staff Recommendation. Staff recommends approval of the requested east and west side yard setbacks reduction from 8-feet to a minimum of 5-feet and recommends approval of the requested front yard setback reduction from twenty-five (25) feet to a minimum of 19-feet. Both recommendations are subject to the following conditions: 1. Compliance with the requirements as noted in paragraphs A, B, and C of the staff report. 2. A building permit being obtained for all construction. 3. Install trees, if deemed applicable at the time of building permitting, in accordance with Heights Landscape Design Overlay District requirements. Additionally, Staff recommends approval of the requested platted front building line reduction from 20-feet to a minimum of 19-feet with the following condition.- 1. Completion of a replat reflecting the above -described building line change. Board of Adjustment (October 21, 2021) The applicant was present. There were no objectors present. Staff presented the application and a recommendation of approval as outlined in the "Staff Recommendation". 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 nays and 0 absent. 3 OCTOBER 21, 2021 ITEM NO.: 2 Z-4807-5 File No.: Z-4807-S Owner: Wellington Kirk LLC Applicant: White-Daters & Associates, Inc., Attn: Tim Daters Address: 800 N. Kirk Rd Legal Description: Part of the NE % and part of the SE % SE %. Section 36, T-2-N, R-14W, Pulaski County Arkansas Zoned: C-3 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 commercial zoned property zoned property. Justification: The applicant's justification is presented as per the attached letter dated August 23, 2021. Present Use: Undeveloped Proposed Use: Multi -Family Development STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comment 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. C. Building Codes Comments: No Comment. D. Staff Analysis: The C-3 zoned property located at the southeast corner of Kirk Road and Wellington Hills Road is shown to be is 17.8 acres in area. The property is mostly 1 OCTOBER 21, 2021 ITEM NO.: 2 (CON'T.) Z-4807-S open space with a pond located on the western edge and mature trees and vegetation on the southeast portion of the site. The nearest neighboring properties are zoned POD, PD-C, C-3, MF-18, and R-2 CUP. These adjacent developments are made up of office buildings, a storage facility, apartments, a church, and restaurants and retail businesses that front Chenal Parkway. The applicant proposes to construct a ten building multi -family development with a clubhouse, pool, pickleball, picnic area, and walking trails as per R-5 guidelines which is allowable on this PCD zoned property. The site plan that has been submitted indicates nine (9) three-story buildings and one (1) four-story complex. The sections provided for both building types indicate heights that exceed the 35- foot maximum as allowed in a R-5 district. The (3) story buildings are indicated be a maximum 39-feet 5-inches while the 4-story building (3-story with basement) is shown to be 49-feet 11-inches at mid eve. The applicant has stated that this type of structure will reduce the area exposed to the retaining wall required on the site, allow preservation of the existing pond, decrease the building coverage, and allow increased areas of open space and landscaping, 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 the proposed three (3) story buildings allowed to be a maximum 39-feet 5- inches height at mid eve and the four (4) story building to be a maximum of 49-feet 11-inches at mid eve. Staff is supportive of the thirty-five (35) foot height variances. The proposed building will not be out of character with many other multifamily buildings throughout the Chenal area. Staff has supported similar height variances in West Little Rock in the past. Staff believes that the proposed height of the new building will have no adverse impact on the adjacent properties or the general area. 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 fifty (50) feet. Board of Adjustment (October 21, 2021) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "Staff Recommendation". 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 nays and 0 absent. 2 OCTOBER 21, 2021 ITEM NO.: 3 Z-7315-A File No.: Z-7315-A Owners: Metropolitan Land Co. LLC Applicant: Crafton Tull Attn: Brad Peterson Address: Northwest Corner of Broadway Street and W 4th Street Legal Description: Lot 7, 8, and 9, Block 118 Original City of Little Rock, Zoned: UU Urban Use District Present Use: Surface Parking Proposed Use: Drive-Thru Restaurant Variance(s) Requested: The drive-thru provisions of Sec. 36-342.1 to allow a new drive -through facility that is visible and takes direct access from the primary streets. The building orientation provisions of Sec. 36-342.1 to allow a building without orientation to the primary street. The street -level floor orientation provisions of Sec. 36-342.1 to allow the ground level floor of a structure without the minimum surface area of 60% transparent or window display. The parking requirements of Sec. 36-342.1 to allow placement of parking between the building and street. Justification: The applicant's justification is presented as per the attached letter. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments B. Buffering and Landscape Comments: 1. Site plan must comply with the Little Rock Zoning Ordinance, Sec. 36-342.1. UU Urban Use District and the City's minimal landscape and buffer ordinance requirements. 2. Signage is to be reviewed and permitted separately. 1 OCTOBER 21, 2021 ITEM NO.: 3 (CON'T.) Z-7315-A 3. 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. This strip shall be at least nine (9) feet wide. The property is located in the City's designated mature area. A twenty-five (25%) percent reduction of the buffer requirements is acceptable. The minimum dimension of the perimeter planting strip shall be six (6) feet nine (9) inches. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 4. Screening requirements will need to 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 (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. 5. For parking areas with twelve or more spaces eight percent (8%) 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 one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. 6. 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 (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. 7. An irrigation system shall be required for developments of one (1) acre or larger. For developments of less than one (1) acre a there shall be a water source within seventy-five (75) feet of all plant material if an automatic irrigation system is not provided. 8. All landscape areas shall be protected as per City of Little Rock Landscape Ordinance (Sec. 15-100). Provide notes on plan specifying type and location of mulch, edging, wheel stops, and/or concrete curb and gutter. 9. All ground or roof mounted mechanical systems shall be screened from abutting properties and streets. Any trash receptacles or pickup shall be oriented away from a primary street side of the property and screened from the public right-of-way. Screen shall exceed the height of the dumpster or trash containment areas by at least two (2) feet no to exceed eight (8) feet total height. 10. 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. 11.Any Chapter 15, landscape code requirements that cannot be met may require a variance from the City Beautiful Commission. 2 OCTOBER 21, 2021 ITEM NO.: 3 (CON'T.) Z-7315-A C. Building Codes Comments: No Comments D. Staff Analysis: Tropical Smoothie is proposing to construct a new stand-alone restaurant on the Urban Use (UU) zoned property at 322 S. Broadway Street. The property consists of .05 acres and is located the northwest corner of Broadway and W. 4th Streets. The submitted site plan indicates four areas of concern that will require variances to develop the site as proposed. First: To allow the drive through window to face a primary street. The applicant has stated that placement of the drive -through window facing Broadway will allow stacking of eight cars around the building without blocking the primary site access from Broadway. Second: Placement of primary entrance. In the UU District the primary building entrance is required to be at street level and oriented towards the street and the sidewalk. Due to the requested placement of the drive through window the applicant has stated that it would not be feasible to place the building entrance in the heaviest traffic areas presented by the proposed vehicular circulation. In addition, connecting the building entrance to the sidewalk would eliminate a portion of the open drive aisle. Third: Building Window Surface Area. The UU District requires street fronting ground level surface areas to have a minimum transparent window display of sixty (60) percent. The franchisor requires all their cafes to have windows of a certain size to promote a uniform design, and 60% window coverage exceeds those thresholds. In addition, the employee only areas will fill the interior of the building surrounding the drive -through and "behind -the -counter" areas which would allow exterior visibility to the food preparation areas. Fourth: The placement of parking spaces. The surface parking in the UU District is required to be located behind or adjacent to the structure and not between the building and abutting street. The applicant has stated that the placement of the building has dictated the site and parking layout and suggested an alternate layout would create a congested parking area. The applicants are requesting several variances from the UU district development criteria established in Section 36-342.1 (c). The variances are as follow: 1. Section 36-342.1. (c)(3) [Drive-in or drive -through facilities.] states, "No new drive- in or drive -through facilities may be visible or take directed access from a primary street." (Broadway and W. 4th St). The applicant is requesting that the drive - through facilities will be located on the east side of the building adjacent to Broadway Street which will be visible from both Broadway and W. 4th Streets. 3 OCTOBER 21, 2021 ITEM NO.: 3 (CON'T.) Z-7315-A 2. Section 36-342.1 (c)(7) Building orientation, states, "Buildings must be oriented to the street. The primary entrance of the building shall be at street level on the street at the sidewalk. Entrances shall be designed so that the door will not swing beyond the property line." The applicant is requesting that primary entrance to the building be located on the north side of the structure oriented away from the from the street to allow pedestrians minimal interaction with the vehicular circulation. 3. Section 342.1 (c)(8) Street -level floor, states, "The ground -level (street fronting) floor of nonresidential structures shall have a minimum surface area of sixty (60) percent transparent or window display." The applicant is requesting that the transparency requirements allowed to be less than 60% due to the interior food preparation area being orientated towards the street. 4. Section 36-342.1 (c)(1 0) Parking Requirements, states, Surface parking is to be located behind or adjacent to a structure, never between the building and abutting street. Due to the proposed layout and vehicular circulation the applicant is requesting a variance to allow parking between the building and street rights -of - way. The applicant proposes to develop a vehicular -oriented restaurant. Similar variances have been granted to other drive-thru restaurants in the area. Staff believes that each of the requested variances is appropriate. E. Staff Recommendation: Staff recommends approval of the requested variances, subject to compliance with the Public Works and Landscape comments outlined in paragraphs A & B of the staff report. Board of Adjustment (October 21, 2021) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "Staff Recommendation". 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 nays and 0 absent. 4 OCTOBER 21, 2021 ITEM NO.: 4 Z-8257-C File No.: Z-8257-C Owner: 5701 Kavanaugh LLC Applicant: Hrand Duvalian Address: 5701 Kavanaugh Blvd Legal Description: Lot 1,2, and 3, Block 6, Mountain Park Addition, Pulaski County, Arkansas Zoned: C-3 Variances Requested: A variance is requested from the area provisions of Section 36-301 to allow a building addition with a reduced front and side yard setback. A variance is requested from the parking provisions of Section 36-502 to permit a commercial development with reduced on - site parking. Justification: The applicant's justification is presented as per the attached letter dated August 24, 2021. Present Use: Retail/Vacant Proposed Use: Mixed Use/ Dentist Office, Restaurant, Condominium STAFF REPORT A. Planning and Development Civil Engineering: 1. Due to the requested zero setback variance which shows the building located approximately 8 feet from the Fillmore St. back of curb and the requirement for construction of a 6-foot access ramp and a 5-foot landing, provide a detail drawing of the SWC of the intersection of Fillmore St. and Kavanaugh Blvd showing the building, back of curb, and access ramp with landing conforming with ADA guidelines and City of Little Rock standard details. B. Landscape and Buffer Issues: 1. Site plan must comply with the Little Rock Zoning Ordinance and the City' s minimal landscape and buffer ordinance requirements. 2. A franchise agreement must be obtained from Little Rock Public Works to place any landscape materials in the public right-of-way. 3. 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. This strip shall be at 1 OCTOBER 21, 2021 ITEM NO.: 4 Z-8257-C least nine (9) feet wide. The property is located in the City's designated mature area. A twenty- five ( 25%) percent reduction of the buffer requirements is acceptable. The minimum dimension of the perimeter planting strip shall be six 6) feet nine (9) inches. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. A City Beautiful Commission variance may be required to eliminate the planting strip adjacent to the parking and the east and west property lines. 4. 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 ( 3) feet wide along the vehicular use area. One ( 1) tree and four ( 4) shrubs shall be planted in the building landscape areas for each forty ( 40) linear feet of vehicular use area abutting the building. A City Beautiful Commission variance may be required to eliminate the required building landscape area. 5. All ground or roof mounted mechanical systems shall be screened from abutting properties and streets. 6. 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: 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. D. Staff Analvsis: The C-3 zoned property located at 5701 Kavanaugh Blvd is partially developed and located at the southwest corner of Kavanaugh Blvd and N. Fillmore Streets in the commercial/retail district of the Heights neighborhood. A 20-foot-wide paved alley right-of-way is located along the rear (south) property line. Lots 1 and 2 were previously occupied by three commercial buildings and were demolished 2 OCTOBER 21, 2021 ITEM NO.: 4 approximately two years ago. A one-story building occupies Lot 3 that recently housed an art gallery This building also fills most of the site and borders the public sidewalk/property line on Kavanaugh. These buildings followed the patterns of urban use shopping district developments and the other structures on the block which are constructed property line to property line with extended sidewalks. In the past the applicant has submitted similar variance request for this site. In December of 2018 plans were submitted for 4-story building indicating encroachments into the building setbacks and limited onsite parking as required for C-3 properties. Staff did not support the original proposal, and the application was deferred. In March of 2019 plans were submitted lowering the proposed building height from four (4) stories (52 feet) to two (2) stories (approximately 30 feet), with a new exterior building design (masonry exterior). The revised building height was within the C-3 requirements and staff was supportive of the setback and parking variances. Staff presented the item and a recommendation of approval. The item was placed on the consent agenda and approved as recommended by staff. The site was not developed as approved, and applicant has resubmitted revised plans for the site that will require both setback and parking variances. The development team has stated that they desire to meet the wishes and expectations of the neighbors and are submitting a two-story building with a basement designed in a traditional downtown commercial/retail establishment style. The building is shown to take one half of the northern end of the three lots and will include 12 off street parking spaces including covered parking for 5 cars. The utilities and trash enclosure will be located at the south half of the three lots. The proposed uses of the building follow: • First Floor: Approximately 4,790 square feet includes a dental office which will fill the entire leasable space, a ground floor elevator lobby for the basement and second floor tenants and a separate stairway entrance for the basement tenant. • Second Floor: The gross enclosed area of 4,415 square feet is planned for two condominiums each which will have a terrace facing Kavanaugh, • Partial Basement: The interior gross area of 1,610 square feet will house a small dining/bar establishment and will be located and entered from the parking area on the south side of the building. The applicant continues to request a variance for reduced off-street parking. Six spaces are required for each dentist occupying the first floor. The number of dentists for the dental office is not known. The two condominium units will require (3) spaces and the restaurant will require (16) parking spaces. At the least a minimum of (25) parking spaces are required for the development. The onsite parking is deficient. The applicant has submitted written agreements with neighboring Calvary Baptist Church and Iberia Bank properties. The bank parking deck has (100) spaces, of 3 OCTOBER 21, 2021 ITEM NO.: 4 Z-8257-C which (75) are required by code for the bank use. The remaining (25) spaces will be available for use by tenants and guest of the subject property. Calvary has provided an informal arrangement stating their approval for adjacent business to use their parking facilities when not in use by the church. In addition, street parking will be available on both Filmore and Kavanaugh. The condominium development will provide the required parking spaces on site with the remainder of the of the onsite spaces being utilized by dental office, restaurant, or visitors. Section 36-301 (e) (1), and (2) 9 states: (1) Front yard. There shall be a front yard having a depth of not less than twenty- five (25) feet to the front line of the building. Where the two (2) adjacent buildings are closer than twenty-five (25) feet to the property line, said established setback line will prevail on subject property. (2) Side yard. No side yard shall be required except where abutting a residential district; then there shall be a side yard width of not less than fifteen (15) feet. On a corner lot, the side yard on the street side or exterior side shall be equal to the front yard setback. Therefore, the applicant is requesting that the setback requirements be waived and that the building be allowed to be constructed to the north, east, and west property lines. Section 36-502(b)(1) Residential (C)(2) states: Other, 1.5 spaces per unit. Section 36-502 (b)(2) Office and institutional uses. (b)(2) states: Medical clinics, 6.0 spaces per doctor or dentist. Section 36-502 (b)(3) c. Restaurants (and similar establishments serving food and beverages), 1.0 space for each one hundred (100) square feet of gross floor area. Therefore, the applicant is requesting that the onsite parking requirements be waived and that the additional parking be allowed as per the attached agreements with the neighboring business. Staff is supportive of the revised plans, including parking and building setback variances. The proposed building with reduced setbacks will not be out of character with many other commercial buildings throughout the Heights area, especially along Kavanaugh Blvd. Staff s support of the parking variance is based on the applicant maintaining the parking agreements with Iberia Bank and Calvary Baptist Church. Staff feels that the parking deficiency has been adequately addressed with adjacent property owner agreements and on -street parking. Staff has supported similar other parking variances (for restaurants) along Kavanaugh Blvd in the past. Staff believes that the new building setback and parking variances will have no adverse impact on the adjacent properties or the general area. 4 OCTOBER 21, 2021 ITEM NO.: 4 Z-8257-C E. Staff Recommendation: Staff recommends approval of the revised building setback and parking variances, subject to the following conditions: 1. Compliance with the requirements as noted in paragraphs A, B, and C of the staff report. 2. The lease (use) agreement for a portion of the existing parking deck at 5800 "R" Street Iberia Bank and Calvary Baptist Church must be maintained. If the lease (use) agreement expires, the parking variance will become void and the parking variance must be brought back to the Board of Adjustment for further consideration. Board of Adjustment (October 21, 2021) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "Staff Recommendation". 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 nays and 0 absent. 5 OCTOBER 21, 2021 ITEM NO.: 5 Z-9195-A File No.: Z-9195-A Owners: Jeff Fuller Homes LLC Applicant: Jeff Fuller Address: 2823 N. Pierce Legal Description: Lot 1, replat of Lots 1,2, and 3, Block 15, Parkview Addition to the City of Little Roc, Pulaski County Arkansas Zoned: P-DR Present Use: Vacant Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from the 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 PD-R zoned properties at 2823 N. Pierce Street are comprised of two lots located on southeast corner of N Pierce and Ampersand Streets. This is in the 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 platted as Lots 1,2, and 3, Block 15, Parkview Addition to the City of Little Rock, Pulaski County Arkansas These parcels were zoned R-3 and 1 OCTOBER 21, 2021 ITEM NO.: 5 (CON'T.) Z-9195-A occupied by a single-family home that spanned over the three lots. In 2017 the owner of the properties petitioned the Little Rock Planning Commission to rezone the properties to PD-R to allow for the construction of a new home on each of the individual parcels. The original home was removed, and the owner constructed one home on Lot 3 but did not develop the remaining two lots as planned. Lots 1 and 2 have since been sold and plans have been developed to construct a new single- family home which will occupy both lots. The applicant is proposing a new two-story single-family home and attached garage. The length of this structure will be approximately (110) feet and maintain the twenty- five (25) foot front yard setback. However, the proposed construction will expand into the twenty-five (25) foot rear yard setback approximately fifteen (15) feet placing the primary structure ten (10) feet from rear property line. It should be noted if this were an accessory building (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 fifteen (15) 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 ten (10) feet with the following conditions: Install trees, if deemed applicable at the time of building permitting, in accordance with Heights Landscape Design Overlay District requirements. Board of Adjustment (October21, 2021) Jeff Fuller was present representing the application. There were one (1) objector present. Staff presented the item with a recommendation of approval. Chairman Allison requested the objector to please address the Board if desired. Gaye Williamson addressed the Board. She stated that she and other adjacent property owners were concerned about noise pollution that will be generated by the proposed new pool and HVAC equipment. She stated that the equipment will disrupt the peace and enjoyment of their back yards. Jeff Fuller addressed the Board stating the was unaware of the noise issues and the location of the equipment abutting the neighboring properties. He stated that he was just the builder of the structure and that the HVAC equipment could be relocated per approval of the property owners. He further stated that the pool equipment was drawn on the site plan by the project's Landscape Architect as a possible location of the equipment. He stated that he was not directly involved in the construction of the proposed pool or 2 OCTOBER 21, 2021 ITEM NO.: 5 (CON'T.) Z-9195-A installation of the related equipment. He stated that either a wall or fence could be added to the project to reduce the noise but may be a permit issue later on. Jamie Collins addressed the Board stating that a wall could be treated as a fence rather than a structural wall and the existing easement will have to be considered as part of the discussion. Jeff Fuller addressed the Board stating the final location of the wall will be determined and or approved by the utility which owns the easement existing for access to service the growth of vegetation. He stated that he will consult the clients and neighbors about relocating the HVAC units and or a wall or fence to enclosure of the pool equipment along with submission of an approved revised site plan for the project. Member Austin Grinder commented that the pool and associated items will be considered as accessories to the project as an encroachment to the easement. Jamie Collins commented that the accessories will be subject to additional review and that the encroachment is limited to a regulated percentage. The action before the Board is to address the stated variance only and the wall issue is currently not in question. There was a motion to approve the current application as submitted and as recommended by staff. The motion was seconded. The vote was 5 ayes, 0 nays and 0 absent. 3 OCTOBER 21, 2021 ITEM NO.: 6 Z-9618 File No.: Z-9618 Owner: South Bowman LLC Attn: Nico Marin Applicant: Robert Kempkes Address: 101 S Bowman Road Description: Lot 1, Erwin Addition to the City of Little Rock, Pulaski County Arkansas Zoned: C-3 Variance(s) Requested: The parking provisions of Section 36-502 to permit the renovation of commercial use to restaurant and expansion of an outdoor eating area without providing additional parking. Justification: The applicant's justification is presented as per the attached letter dated September 07, 2021. Present Use: C-3, Bank Proposed Use: C-3, Restaurant 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 C-3 zoned property is located at the southeast corner of Bowman Rd and West Markham Street. The property is occupied by a 16,055 square foot, two-story masonry building originally developed in 2006 as a bank, office, and restaurant property. Vehicular access is provided on both Bowman Rd and Markham St. Most of the parking is located on the north, south, and east sides of the building A drive aisle and 2-parking spaces are located between the west side of building and property line. The immediate surrounding properties fronting Bowman and Markham 1 OCTOBER 21, 2021 ITEM NO.: 6 (CON'T. Z-9618 are zoned commercial or R-2 and occupied by a large retail strip center, restaurants, dive-thru bank, and open space. The adjacent east properties are occupied by a convenience store on the southwest corner of Markham and Alamo Dr and single- family residences that front Alamo Dr. Restaurant uses require 1 parking space for every 100 square feet while the office / institutional uses require 1 parking space for every 500 square feet. The building is divided with 4,110 square feet of restaurant space, and 11,945 square feet of office space. As the development exist 67 parking spaces are required to meet the minimum code requirements, 72 parking spaces are provided. The applicant is proposing to renovate 3,849 square feet of the existing office area for additional restaurant use and provide another 612 square feet of outdoor eating area. The proposed restaurant spaces will occupy 8,571 square feet with the balance of the 7,484 square feet remaining as office or common space. The renovations will require an additional 29 onsite parking spaces. The applicant is proposing to renovate the south end parking area and close the existing bank drive-thru to provide the outdoor eating area. This will create an additional 7 on -site parking spaces. In addition, the applicant has provided a lease agreement to occupy up to 10 spaces of the strip shopping center across Bowman Rd to the west. The additional parking spaces will leave the development deficient of 12 parking spaces. Sec. 36-502(b)(3)(c) States, "Restaurants (and similar establishments serving food and beverages), 1.0 space for each one hundred (100) square feet of gross floor area." The applicant is requesting that the offsite parking lease agreement be honored to partially compensate the additional onsite parking and that the remaining 12 required parking spaces be waived. Based on 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 parking reduction subject to the following conditions: 1. A lease agreement is maintained for additional parking for a minimum of 10 off street parking spaces. Board of Adjustment (October 21, 2021) Robert Kempkes was present representing the application. There were five (5) objectors present. Staff presented the item with a recommendation of approval. City Attorney Sherri Latimer addressed the Board stating that the Board should be aware of a pending 2 OCTOBER 21, 2021 ITEM NO.: 6 (CON'T.) Z-9618 lawsuit involving the businesses drive-thru was filed by Alan Bubbus and that only the variance in question should be considered or discussed by the Board at this meeting. Robert Kempkes addressed the Board stating that the parking requirement can be currently met but that Alan Bubbus and Jim Keet were in discussion concerning the drive- thru issue . He stated that the current intent is to increase outdoor seating which is currently limited to a small area but could be easily accommodated in the former (bank) drive-thru canopy at the south of the building. Jim Keet addressed the Board stating that he was in negotiation to accomplish a design to impact parking and traffic at the site but learned about the lawsuit just 45 minutes before the hearing today. He further stated that the current lease holder Mr. Kempkes did not have a drive-thru component to the recently signed agreement. Louis Heard addressed the Board stating that he lived at 122 Alamo Drive just behind the site and that he was concerned about the impact outdoor seating will have on the privacy of his yard. He asked that a new fence be constructed to assist in reduction of the current noise issues. Chairman Allison commented that the parking variance will allow for additional outdoor seating at the restaurant. Russ Racop addressed the Board stating that he was the Vice -Chairman of the Beachwood Neighborhood Association and that the current ordinance governing the property is not enforced by the City currently along with issues with the dumpster location and noise issues. He stated that allowing for parking across Bowman Road at the adjacent property was not feasible given the difficulty of crossing the street to access the building. Steve Giles addressed the board stating that he represented one of the parties in the current lawsuit and that a traffic study analysis was to be distributed to the Board as a reference to the intensity of the traffic at the Bowman and Markham intersection. This intensity should be considered as a hardship on the occupants of the building and vehicular access. Alan Bubbus addressed the Board stating that there was an ongoing attempt to resolve the parking and outdoor seating issues, but the filing of the lawsuit has stopped the process. He requested that the variance be deferred so that the litigation may be resolved. City Attorney Sherri Latimer addressed the Board stating that she would advise the Board to defer the item and that the City cannot be party to the litigation. Alan Bubbus addressed the Board stating that he was requesting the deferral to allow for negotiations to occur or the litigation be resolved. The site is not large enough to accommodate another business nor parking needs and that he opposes the variance due to the distance to the off -site parking lot being suggested. 3 OCTOBER 21, 2021 ITEM NO.: 6 (CON'T.) Z-9618 Jamie Collins addressed the Board stating that the studies or other situations in litigation are not the point of this Board and that the property is currently zoned C-3 which allows the business. Bob Kempkes addressed the Board stating that the off -site parking lot was within 200 feet of the restaurant and for employees only and that the site plan has been changed to accommodate the outdoor seating issue. There was a motion to approve the application as submitted and as recommended by staff. The motion was seconded. The vote was 3 ayes, 2 nays and 0 absent. 4 OCTOBER 21, 2021 ITEM NO.: 7 Z-9619 File No.: Z-9619 Owners: Hudson Shermer Enterprises LLC Attn: Susana Shermer Applicant: Christi Wilson Address: 1701 N Taylor Legal Description: Lot 6, Block 20, of Mountain Park, an Addition to the City of Little Rock, Pulaski County Arkansas 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. A variance is requested from the area provisions of Section 36-156 to permit more than 30% coverage of the rear yard for an accessory building and to permit an accessory structure to be closer than fifteen (15) feet from a street side line. Justification: The applicant's justification is presented as per the attached letter dated August 23, 2021. STAFF REPORT A. Planninq and Development Civil Engineering Comments: 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: No Comments. 1 OCTOBER 21, 2021 ITEM NO.: 7 (CON'T.) Z-9619 D. Staff Analysis: The property at 1701 N Taylor St is in 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 subject property is located on the northeast corner of N Taylor and P Streets. Built in 1935 the existing 1-story frame home occupying the property has undergone minimal improvements or additions that are often typical of this neighborhood. The immediate neighboring properties are also populated with single family homes. The applicant is proposing additional renovations to the home including an expansion to the back of the house to the east, a second story addition to the existing detached garage, and a renovated south fagade adding a front porch. The house was originally constructed in what is currently the front yard setback and the proposed porch will further encroach upon this area. The east expansion will not cross into the rear yard setback. The existing garage is not in compliance with the rear yard coverage or side yard setback requirements. As indicated on the survey the front wall of the house has been built approximately 22-feet from the property line and the existing front porch is indicated to be 4-feet in width. The porch expansion will be maintained within the established 4-feet but will increase in length to the east and west corners of the existing front fagade. The existing and new construction will encroach into the front yard setback 7-feet. The existing detached garage was built to the side yard property line but will not expand its footprint with the upper -level addition. Any new construction must follow the current code requirements. While previously being allowed to exist in its non- conforming state the second story addition will initiate rear yard coverage and side yard setback variance requirements. The area provisions for accessory structures do not allow for the coverage of more than 30% of the rear yard. The rear yard is shown to comprise approximately 1260 square feet. The garage occupies approximately 490 square feet of the rear yard exceeding the maximum coverage requirements by 9%. In addition, the garage has been built to the south property line, current code requires accessory structures be located no closer to the street side line than the 15-feet. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of twenty-five (25) feet. Therefore, the applicant requests a variance to allow the existing homes front facade and porch addition to encroach into the front yard setback 7-feet, reducing the front yard setback to 18-feet. Sec. 36-156(a)(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..." Therefore, the applicant is requesting a variance to allow the existing accessory structure with a newly constructed second 2 OCTOBER 21, 2021 ITEM NO.: 7 (CON'T.) Z-9619 story to exceed the coverage requirements to a maximum 39%. The applicant is also requesting the entirety of the accessory structure be allowed to occupy the existing footprint reducing the street side line setback to zero. Staff finds the requests 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 18-feet. Staff recommends approval of the requested rear yard coverage to a maximum of 39%. Staff recommends approval of the requested south side yard setback from 15-feet to 0-feet where the existing garage is constructed to the property line. Additionally, the variances are recommended for approval as per the submitted survey / site plan sketch and are subject to the following conditions: 1. A building permit being obtained for all construction. 2. Install trees, if deemed applicable at the time of building permitting, in accordance with Heights Landscape Design Overlay District requirements. Board of Adjustment (October 21, 2021) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "Staff Recommendation". 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 nays and 0 absent. 3 OCTOBER 21, 2021 ITEM NO.: 8 Z-9620 File No.: Z-9620 Owners: Evelyn Schultz Applicant: Christi Wilson Address: 3001 Circlewood Rd Legal Description: Lot 166, Kingwood Place, an Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from the area regulations of Sec. 36- 153 to allow an expansion of a nonconforming structure. Justification: The applicant's justification is presented as per the attached letter dated August 23, 2001, 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 at 3001 Circlewood is located within a predominantly R-2 zoned neighborhood. The parcel occupies the east side of the street the second parcel south of the corner of Hillwood Road. The one -story brick and frame structure was built in 1950 and has undergone minimum exterior improvements through the years. The survey indicates the lot to be 75 feet in width which requires a 7-feet 6-inch side yard setback A drive located approximately 3 feet from the north property line that leads to an existing covered carport. The carport is built approximately 2-feet from the property line and attached to the house. An existing 6-foot-high privacy fence is located adjacent to the carport and constructed on the north property line. The existing carport is 13-feet 7-inches in width at the front and narrows to, 8-feet 5- 1 OCTOBER 21, 2021 ITEM NO.: 8 (CON'T.) Z-9620 inches in width at the back. The depth of the carport is approximately 15-feet. Online map searches indicate that this structure was most likely constructed in 2014 by a previous property owner. However, a permit for this work could not be located. The applicant is now proposing to enclose the carport to create a one -car garage and is also requesting that 4-feet be allowed to be added to the front of the enclosure to allow a parked vehicle to be secured. The expansion of the garage will not cause any additional encroachment into the side yard setback and will also constructed within the front setback allowance. Section 36-153(a) states, "A nonconforming use shall not be extended, expanded, enlarged or increased in intensity to any structure or land area other than that occupied by such nonconforming use. Therefore, the applicant is requesting a variance to expand a nonconforming structure 4-feet. In Staff s opinion, the proposed addition will pose no negative effect upon the health, safety, or welfare of the general public, and will not detract from the value or aesthetic of the neighborhood or surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested carport enclosure with a 4-foot expansion to the front of the structure. Board of Adjustment (October 21, 2021) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "Staff Recommendation". 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 nays and 0 absent. 2 OCTOBER 21, 2021 ITEM NO.: 9 Z-9621 File No.: Z-9621 Owners: Andrew and Jenny Faulkner Applicant: Yeary Lindsay Architects Address: 31 Beverly Place Legal Description: Lot 16, Beverly Place, Addition to the City of Little Rock, Pulaski County Arkansas Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from the building line provisions of Sec. 31-12 to allow a building addition which crosses a platted front yard building line. A variance is requested from the area provisions of Section 36-254 to allow a reduced side yard setback in the R-2 district. Justification: The applicant's justification is presented as per the attached letter dated April 19, 2021. STAFF REPORT A. Planning and Development Civil Engineering Comments: 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: No Comments. D. Staff Analysis: The property at 31 Beverly Place is located in 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. 1 OCTOBER 21, 2021 ITEM NO.: 9 (CON'T.) Z-9621 The subject property is located on the southeast corner of Beverly PI and Longfellow Dr. The existing 2-story masonry home was home built in 1940 has undergone various improvements throughout the years typical of the neighborhood. The applicant is proposing renovations to the home including an addition to the northwest side, new front porch, and extension on the west side that will also wrap around the south and southwest sides of the house. A new pool and open structure are also planned for the southeast portion of the property. The additions and new development will be in compliance with the current code requirements with the exception of the front porch and the west side of the addition which will both cross a 30-foot platted building line. The site plan indicates that the proposed front porch addition will cross the building line by 6-feet 6-inches, while the west side of the addition will cross this same building line by approximately 4-feet. The survey indicates that the lot is 100-feet in width which requires a minimum 8- foot side yard setback. In the sites present condition this required setback width is intact. However, the proposed addition on the south side of the home will expand approximately 3-feet reducing the existing 8-foot setback to approximately 5-feet in width. Section 31-12(b) of the City's Subdivision Ordinance states, "In those instances where a recorded subdivision plat has established building setback lines in accordance with this chapter variances of those lines shall only be granted by the Board of Adjustment." The platted building setback for the subject property is 30 feet, the applicant is requesting that the porch addition be allowed to cross this building line a maximum of 6-feet 6-inches. In addition, the applicant is requesting that the west addition be allowed to cross the building line a maximum of 4-feet. 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 south side -yard setback. Staff finds the requests 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. If the Board approves the requested platted building line variance, the applicant must then produce a one -lot replat reflecting the approved change. As such, the applicant must also review filing procedures with the County Clerk's office to determine if the replat will require a revised Bill of Assurance and respond as necessary and appropriate, as part of said replat. 2 OCTOBER 21, 2021 ITEM NO.: 9 (CON'T.) Z-9621 E. Staff Recommendation: Staff recommends approval of the requested front yard building line reduction from 30-feet to a minimum of 23-feet 6-inches to accommodate the front porch addition. Staff recommends approval of the requested west building line reduction from 30- feet to a minimum of 24-feet to accommodate the structures expansion. Staff recommends approval of the requested side yard setback to a minimum of 5- feet., The above Staff recommendations are subject to the submitted survey / site plan sketch and required to meet the following conditions: 1. Completion of a replat reflecting the above -described building line change. 2. A building permit being obtained for all construction. 3. Install trees, if deemed applicable at the time of building permitting, in accordance with Heights Landscape Design Overlay District requirements. Board of Adjustment (October 21, 2021) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "Staff Recommendation". 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 nays and 0 absent. 3 OCTOBER 21, 2021 ITEM NO.: 10 Z-9622 File No.: Z-9622 Owners: Fogelman Adam/ Donna Jillean Applicant: Adam Fogelman Address: 614 E 16t" Street Legal Description: Lot 9, Block 7, Bragg's Addition, to the City of Little Rock, Pulaski County Arkansas Zoned: R-4 Present Use: Vacant Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from area regulations of Sec. 36-254 to allow a reduced front yard and rear yard setback in the R-4 district. Justification: The applicant's justification is presented as per the attached letter dated August 23, 2021. 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-4 zoned property at 614 E 16th Street is located within a predominantly R-4 zoned neighborhood. This third parcel on the north side of the road is located west of the intersection of Bragg Street and E 16t" St. The survey indicates the lot to be 50 feet in width and 140 feet in length. The site can be accessed from a 20-foot alley on the north side of the property. The site was originally developed as a residential property but has been vacant since the later 2000's The applicant is now proposing to construct a new two-family home. 1 OCTOBER 21, 2021 ITEM NO.: 10 (CON'T.) Z-9622 The applicant desires to create a home with a large central courtyard. To accomplish this, it is being requested that the front and rear of the new home be allowed to encroach on the adjacent setbacks. The provided sketch shows the front facade of the home to be built 28-feet from the property line. The front porch is indicated to be 8-feet in width crossing the setback 5-feet. The rear of the home will include a garage as part of the primary structure and be accessed from the alley north of the property. The rear facade is shown to be located 15-feet 4-inches from the property line indicating that the proposed structure will encroach into the rear yard setback 9-feet, 8-inches. Section 36-254(d)(1) states, "There shall be a front yard setback having a depth of not less than twenty-five (25) feet." Section 36-254(d)(3) states "There shall be a rear yard setback having a depth of not less than twenty-five (25) feet. "Therefore, the applicant requests variances to allow the extension of the primary structure into the front yard setback to no more than 5-feet reducing the front yard setback to 20- feet and extending the back of the structure into the rear yard setback 9-feet, 8- inches reducing the rear yard setback to 15-feet, 4-inches. In Staff' s opinion, the proposed setback reductions will pose no negative effect upon the health, safety, or welfare of the public, and will not detract from the value or aesthetic of the neighborhood or surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested front yard setback reduction from 25 feet to a minimum to 20-feet, per the attached site plan. Staff additionally recommends approval of the requested rear yard setback reduction from 25 feet to a minimum to 15-feet, 4-inches, per the attached site plan. Board of Adjustment (October 21, 2021) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "Staff Recommendation". 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 nays and 0 absent. 2 OCTOBER 21, 2021 ITEM NO.: 11 Z-9623 File No.: Z-9623 Owners: Alba Viridiana Gonzalez / Escobedo Manuel Almanza Attn: Manuel Almanza Applicant: Manuel E. Almanza Address: 6714 Juniper Legal Description: Lot 263A, Cloverdale Subdivision to the City of Little Rock, Pulaski County Arkansas 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 to 5-feet between a required building setback line and a street right-of- way. Justification: The applicant's justification is presented as per the attached application. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Bufferinq and Landscape Comments: No Comments C. Building Codes Comments: No Comments D. Staff Analysis: The R-2 zoned property located at 6714 Juniper Avenue is located on the northwest corner of Juniper Road and Azalea Drive. The neighborhood is located southeast of Interstate 30 and S University Avenue. The front of the home faces Juniper Road with a drive and carport accessed from southwest side of the property. Azalea Drive terminates at wooded industrial zoned property and the remainder of the neighborhood is predominately zoned R-2 and comprised of single-family homes. 1 OCTOBER 21, 2021 ITEM NO.: 11 (CON'T.) Z-9623 The applicant is requesting 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 survey indicates a 25-foot building line located approximately 5-feet from the front (south) side of the house and adjacent to the east side of the residence. The applicants sketch proposes the fence to start 5-feet south of the building line at the southwest corner of the carport and run parallel to Juniper Rd until intersecting with the west property line. The fence is then shown to travel west until meeting the north property line and run east until crossing the building line to terminate at the northeast corner of the property adjacent to Azalea Dr. The fence is then proposed to follow the east property line, adjacent to the street right-of-way approximately 50 feet until turning back to the west and across the yard until meeting to the southeast corner of the house. Between the street rights -of -way the fence is shown to cross the 25-feet building line on the east side of the property and 5-feet on the southwest side of the property. 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 5-feet on portions of south and east property lines. 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 southwest and east fence variance to allow a fence a maximum of 5-feet in height as presented between the platted 25- foot building line and the street rights -of -way and as presented in the attached documentation. Board of Adjustment (October 21, 2021) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "Staff Recommendation". 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 nays and 0 absent. 2 October 21, 2021 There being no further business before the Board, the meeting was adjourned at 5:14 p.m. Date: Chairman Secretary