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
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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