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boa_12 16 2021BOARD OF ADJUSTMENT Frank Allison - Chairman James Bertram - Vice -Chairman Austin Grinder Joe Justus One (1) Open Position 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 DECEMBER 16, 2021 4:00 P.M. I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the October 21, 2021 meeting of the Board of Adjustment III. Presentation of Consent Agenda IV. Presentation of Hearing Items V. Vote on the 2022 Calendar LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES DECEMBER 16, 2021 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. II. Approval of the Minutes of the October 21, 2021 meeting of the Board of Adjustment The Minutes of the September 16, 2021 meeting were approved. Members Present: Frank Allison - Chairman Richard Bertram -Vice Chair Austin Grinder Joe Justus Jeremiah Russell Members Absent: None City Attorney Present: Sherri Latimer LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA DECEMBER 16, 2021 4:00 P.M. I. OLD BUSINESS: No Old Business II. NEW BUSINESS: 1. Z-9626 23 Applegate Court 2. Z-4026-A 10 Longfellow PI 3. Z-5114-A 109 N. Chester Street 4. Z-6986-A 1800 N. Grant Street 5. Z-9376-A 1809 N. Monroe 6. Z-9616 5605 Southboro Drive 7. Z-9627 712 N. Spruce Street 8. Z-9628 9 La Scala Court 9. Z-9629 475 Ridgeway Drive 10. Z-9630 5400 Hawthorne Road 11. Z-9631 7 River Oaks Circle 12. Z-9633 1920 / 1922 Commerce Street 13. Z-9635 3501 Foxcroft Drive 14. Z-9644 6317 W. Markham Street 15. Z-9645 Lot 129, Overlook Circle, Little Rock Arkansas 72207 16. 2022 Board of Adjustment Calendar DECEMBER 16, 2021 ITEM NO. 1 Z-9626 File No.: Z-9626 Owners: Alfred Walker Sr Applicant: Alfred Walker Address: 23 Applegate Court Legal Description: No Survey Provided Zoned: R-2 Present Use: Single-family Residence 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 setback in the R-2 district. Request from the area regulations of Sec. 36-513 to allow a driveway to exceed the 20-foot width limitation. Justification: No letter of Intent Provided STAFF REPORT A. STAFF UPDATE: The applicant has failed to provide a survey and cover letter. Staff cannot adequately review the application. E. Staff Recommendation: Staff recommends deferral of all variance request. Board of Adjustment (December 16, 2021) The applicant was present. There were no objectors present via WebEx or in person. Staff presented the application to the Commission and stated it recommended the deferral to the January agenda. 1 DECEMBER 16, 2021 ITEM NO. 1 Z-9626 There was a consent motion to approve the application. The application was approved. The vote was 5 ayes, 0 nays, 0 absent. 2 DECEMBER 16, 2021 ITEM NO. 2 Z-4026-A File No.: Z-4026-A Owners: Gary Monroe Nash Jr and Allison Taylor McPherson Applicant: Jim Yeary / Yeary Lindsey Architects Address: 10 Longfellow PI Legal Description: Lot 2R, Except the North 20 Feet of the West 14.0 Feet Thereof, Cornelia Thomas Subdivision, Little Rock, Pulaski County Arkansas, Together With a 20-Feet Ingress -Egress Easement As Shown on Plat of 2R, Cornelia Thomas Subdivision and Plat A-642, Records of Pulaski _County Arkansas Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from area regulations of Sec. 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 October 15, 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 (1) tree per forty (40) linear feet of street frontage within the Heights District Boundary, applicable to [among other types] residential construction in excess of 600 square feet. C. Building Codes Comments: The required fire separation distance (building to property line) prescribed by 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 1 DECEMBER 16, 2021 ITEM NO. 2 Z-4026-A 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 371-4832 for additional details. D. Staff Analysis The property at 10 Longfellow PI, located 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 subject property is located on the south side of the street on an interior lot surrounded on four sides by other single-family homes The property is accessed by an easement that passes between the properties on the east and west sides. The existing masonry and frame home was built in 1984. Prior to construction the Board of Adjustment was petitioned, and a variance was requested to allow an 8-foot rear yard setback. The variance was approved, and the primary structure was constructed with an attached garage extending into the 25-foot rear yard setback. In addition, a retaining wall was built approximately 2.5-feet from the rear of the garage that runs approximately 138-feet of the 167-foot property line. The sketch provided by the applicant indicates a garage addition extending 26 feet to the east. The new construction will be aligned with the rear wall of the existing structure and will not encroach any further into the rear yard than that which has already been established. Due to structural issues the applicant is also proposing to reconstruct an existing retaining wall to the south. The 8-inch wall will be relocated 4.5-feet south of the garage with a length of approximately 154-feet along the south side of the property. The new retaining wall has no bearing on the requested rear yard setback 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 existing 8-foot rear yard setback to be extended an additional 26-feet to the east to allow for the expansion of the existing garage. 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 variance to be reasonable. 2 DECEMBER 16, 2021 ITEM NO. 2 Z-4026-A E. Staff Recommendation: Staff recommends approval of the requested rear yard setback reduction from twenty-five (25) feet to a minimum of 8-feet with 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 (December 16, 2021) The applicant was present. There were no objectors present via WebEx or in person. Staff presented the application to the Commission and stated it recommended the side yard reduction variances be approved with conditions as per the staff report. There was a consent motion to approve the application. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent. 3 DECEMBER 16, 2021 ITEM NO. 3 Z-5114-A File No.: Z-5114-A Owners: Bank of the Ozarks c/o Legal Department, P.O. Box 8811, Little Rock AR, 72231 Applicant: Mark Redder — Holloway Engineering Address: 109 N. Chester Street Lot Legal Description: Lot BR -A Signature Subdivision being a replat of Lots BR and CR of the Signature Subdivision to the City of Little Rock and Being more particularly described as follows: Beginning at the Southeast corner of Lot BR of the said Signature Subdivision which is also on the north right of way of West Markham Street; thence continue along said right of way North 80 degrees 27 minutes 54 seconds West 124.97 feet; thence along a curve to the right 39.38 feet having a radius of 25.00 feet and a chord bearing and distance of North 35 degrees 20 minutes 16 seconds West 35.43 feet to a point which is also on the east right of way of North Chester Street; thence North 09 degrees 47 minutes 21 seconds East 84.84 feet; thence South 80 degrees 27 minutes 54 seconds East 10.00 feet; thence North 09 degrees 36 minutes 54 seconds East 79.95feet; thence along a curve to the right31.40 feet having a radius of 20.00 feet and a chord bearing and distance of North 54 degrees 35 minutes 35 seconds East 28.27 feet to a point which is also on the south right of way of West LaHarpe Road (Arkansas State Highway 10); thence South 80 degrees 25 minutes 45 seconds East 100.56 feet; thence leaving said right of way South 09 degrees 33 minutes 46 seconds West 84.55 feet; thence South 80 degrees 52 minutes 31 seconds East 19.37 feet; thence South 09 degrees 45 minutes 47 Seconds West 125.41 feet to the point of beginning. Zoned: UU Urban Use District Present Use: Bank Branch (Vacant) / Surface Parking Proposed Use: Convenience Store 1 DECEMBER 16, 2021 ITEM NO. 3 Z-5114-A Variance(s) Requested: The parking regulations of Sec. 36-342.1 to allow placement of parking between the building and street. The street -level floor orientation regulations 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 sign regulations of Sec. 36-342.1 to allow a ground mounted sign. The sign regulations of Sec. 36-557 to allow an on -premises sign without street frontage. The landscape regulations of Sec. 36-342.1 to eliminate the required street trees. Justification: The applicant's justification is presented as per the attached letter dated October 19, 2021. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments B. Buffering and Landscape Comments: 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. 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, 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. 2 DECEMBER 16, 2021 ITEM NO. 3 Z-5114-A 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. C. Building Codes Comments: No Comments 3 DECEMBER 16, 2021 ITEM NO. 3 Z-5114-A D. Staff Analysis: The property at 109 N. Chester St. is currently occupied by a vacant Bank OZK branch. The property is located at the northeast corner of N. Chester St and W Markham and extends to the north where it is bordered by W. LaHarpe Blvd (AR State Highway 10). The property to the east is occupied by a surface parking area and associated single story office building. The applicant is proposing to raze the existing structure and construct a new Circle K convenience store with fuel dispensers. The sketch provided by the applicant indicates that the site will be accessed by each of the three surrounding streets and from an access easement located on the east side of the property. The store with associated parking and gas pumps will face north towards LaHarpe. Service will be located off of Markham St in the rear of the property and secondary site entries will be located from N Chester to the west and the adjacent property to the east. The applicant is 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)(10) [Parking requirements.] b. states, "Surface parking is to be located behind or adjacent to a structure, never between the building and abutting street." Therefore, the applicant is requesting that parking be allowed between the building and street right-of-way. 2. 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." Transparency requirements are requested to be less than 60% due interior public spaces not being provided. 3. Section 36-342.1(c)(11) Signs, states, Ground -mounted signs are discouraged and may only be permitted as a variance as per division 2 of this chapter. If permitted the sign must adhere to the size requirements of Sec. 36-555 — Signs permitted in commercial zones. Applicant is requesting a variance to allow for a ground mounted sign. 4. Section 36-557 (a) Special provisions for on -premises signs and other sale promotion devices., states, "All on -premises wall signs must face required street frontage..." The applicant is requesting an additional sign that will face the adjacent east property and be visible from W Markham Street. 5. Section 36-342.1 (c)(5)(b) Landscaping. b. states, "Street trees a minimum of three-inch caliper shall be required... The trees shall be located a minimum of two (2) feet off the back of a curb and shall be thirty (30) feet on center and no closer than thirty (30) feet to a street intersection with a water source provided..." Due 4 DECEMBER 16, 2021 ITEM NO. 3 Z-5114-A to the development not functioning as a typical UU property the applicant is requesting that the street trees be eliminated and traditional perimeter landscape as prescribed by Chapter 15 be installed to compensate for the UU District requirements. The applicant proposes to develop a vehicular -oriented convenience store with gas pumps. Similar variances have been granted to comparable developments in the UU District. 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 (December 16, 2021) Mark Redder was present, representing the application. There were three (3) objectors present. Staff presented the application with a recommendation of approval. Mark Redder addressed the Commission in support of the application. He briefly described the project, noting that he intended to construct a new well managed convenience store and that their only issue with the site was parking space. He also stated that the variance request for lesser glass was for more promotional signage on building and crime prevention. Tracy Spillman addressed the Commission. He stated that the transparency in UU zoning was greater to allow for pedestrians to view the store interior more easily per the 60% minimum surface requirement. Peter Laughlin addressed the Commission. He stated that he was one of four owners of the property at 921 West Markham Street on the south side of the proposed site. He stated that he and his partners were not opposed to the new development but that the orientation of the proposed building would obstruct their view and locate the dumpster adjacent to their property. He also stated that the notification of the hearing he received was not informative and that it did not state that the new use of the site was a convenience store. He wished that the developer or engineer had made an effort to discuss the impact of the project with the surrounding property owners. Commissioner Allison addressed Mr. Laughlin asking if there was any solution for suggestions regarding the location of the dumpster. 5 DECEMBER 16, 2021 ITEM NO. 3 Z-5114-A Mr. Laughlin stated that a good example was the convenience store on Broadway downtown which had a double -sided entry building with the dumpster located at the side of the property out of view. Jordan Smith addressed the commission. He stated that was the business partner with Mr. Laughlin and that they did not oppose a new business at the site but were disappointed that no opportunity for discussion was held with neighboring landowners prior to the hearing. Mark Redder addressed the Commission stating that the site plan included landscaping around the perimeter of the site and within the site as per the city ordinance. He also stated that due to time and cost of the project his client wanted to proceed as quickly as possible, but they would gladly consult the site conditions with the neighborhood. Additionally, he asked if the variance request could be broken up and only pass the variances needed to proceed at this time. A general discussion occurred with Commission members Allison, Grinder, Planning Director Collins, and City Attorney Latimer regarding the ability to amend the request at the podium and the need to defer the item to the next meeting. City Attorney Latimer stated that the deferral will enable a meeting to occur between the developer and the neighborhood. A consensus was reached by the commission during the discussion and agreed to by Mr. Redder to defer the item to the January agenda and allow for a meeting to occur with the neighborhood. A motion was made and approved to wave the BOA bylaws to allow the Board to request a deferral. Grinder made the motion to wave the bylaws, Bertram 2nd , the motion passed by a vote of 5 ayes, 0 nays, 0 absent. A motion was made by Grinder to defer Z-5114-A to the next meeting, Bertram 2nd, the motion passed by a vote of 5 ayes, 0 nays, 0 absent. 6 DECEMBER 16, 2021 ITEM NO. 4 Z-6986-A File No.: Z-6986-A Owners: Arvest Bank Applicant: Drew Holbert Address: 1800 N. Grant Street Legal Description: All of LOT 5, N 22' of Lot 6, N 40' of Lot 7, and all of Lot 8 Block 9 Zoned: O-3 General Office Present Use: Bank Branch (Vacant) / Surface Parking Proposed Use: Food Truck Parking Variance(s) Requested: A variance is requested from the area regulations of Section 36-281 to allow a mobile canteen unit to remain parked on a site overnight. Justification: The applicant's justification is presented as per the attached letter dated October 06, 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 1 DECEMBER 16, 2021 ITEM NO. 4 Z-6986-A D. Staff Analysis: The O-3 zoned property at 1800 N. Grant Street is indicated as two separate parcels bisected by an alley, located north of Cantrell Rd, south of Kavanaugh Blvd, and east of University Ave. The surrounding properties are predominantly zoned C-3 and mostly populated with retail, office, and restaurants within the Heights Landscape Design Overlay District. However, there are R-2 zoned properties within 150-feet of this property located across Cantrell Rd and University Ave. The overlay district generally has no bearing on the subject variance requests The eastern portion of the site is occupied by a small commercial building located in the southwest corner of the property. Until recently the structure served as an automated Arvest Bank Branch. This eastern parcel is mostly paved providing one- way access from Grant Street. The paved area consists of three separate drive-thru lanes and two parallel parking spaces. The adjacent property across the alley to the west is also owned by Arvest bank and occupied by eleven 45-degree parking spaces and two one-way drive aisles that exit onto University Avenue. Landscape perimeter strips are intact on both parcels and located adjacent to the north and south property lines. The property south of the east parcel located on the northwest corner of Cantrell and N Grant is a narrow vacant strip of land owned by the City of Little Rock. The western parcel fronts Cantrell and sets on the northeast corner of Cantrell and University. The applicant is proposing to locate a mobile canteen unit on the parcel west of the alley. The truck described as a full -service vehicle that will operate 6-days a week from the hours of 11-9. The owner of the vehicle has stated that the truck will not be permanently connected to utilities but is requesting that it be allowed to remain at this location on a permanent basis. Section 36-281 (b) (1) t states that: "Mobile canteen units" (are allowable on an 0-3 property) "when operated in compliance with current planning department regulations for such vehicles." Furthermore, the restrictions are provided on an attached form for Board of Adjustment review. This form is given to all peddlers when a privilege license is approved. The concession trailer in question can conform to all the restrictions for displaying and selling of items from a transient location, except for restriction # 17 which reads as follows: "At the end of each day, all equipment, vehicles and related materials must be removed from the site." Therefore, the applicant is requesting a variance from the code requirement referring to the Department of Planning Development Mobile 2 DECEMBER 16, 2021 ITEM NO. 4 Z-6986-A Canteen Unit Regulations to allow overnight parking of a mobile canteen unit on an O-3 zoned property. The Department of Planning and Development does not allow for mobile canteen units to be permanently located on any parcel. Additionally, Staff feels that a food truck permanently located on this property is out of character with the surrounding properties. E. Staff Recommendation: Staff recommends denial of allowing overnight parking of a food truck on the 1801 N. Grant St parcel as described in the Staff Analysis. Board of Adjustment (December 16, 2021) The application item was deferred to the January Agenda by the applicant prior to meeting. 3 DECEMBER 16, 2021 ITEM NO. 5 Z-9376-A File No.: Z-9376-A Owners: Michael Morgan Bailey and Chandler B. Bailey Applicant: Michael Morgan Bailey Jr. Address: 1809 N. Monroe Legal Description: Lot 74 and North 25'of Lot 75 Shawdowlawn Addition of 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 regulations of Sec. 36-156 to allow an accessory structure to occupy more than 30% coverage of the rear yard and to permit an accessory structure with a reduced side yard setback. Justification: The applicant's justification is presented as per the attached letter. STAFF REPORT A. No Comments. B. Buffering and Landscape Comments: In October 2020 the City adopted the "Heights Landscape Design Overlay District," requiring installation of one tree per 40 linear feet of street frontage within the Heights District Boundary, applicable to [among other types] residential construction in excess of 600 square feet. C. Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five 5) feet if they have properly constructed fire walls which provide the requisite one 1) 1 DECEMBER 16, 2021 ITEM NO. 5 Z-9376-A 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 371-4832 for additional details. D. Staff Analysis: The property at 1809 N. Monroe 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 east side of N. Monroe Street, north of Cantrell Road and occupied by a one-story brick and frame single-family residence. A 10-foot-wide driveway is positioned on the northwest corner of the lot that extends along the north side of the residence to a one-story detached frame garage at the northeast corner of the property. The existing garage is located 4-feet from the rear (east) property line and 0.9-feet from the north property line. The existing structure is in conformance with the rear setback but encroaches on the side yard setback to the north. The applicant proposes to make two (2) small additions to the accessory garage structure increasing the depth to allow for vehicle parking inside. The addition to the south of the garage will align with the rear wall and be 4-feet and width. The south addition will conform to the setback standards, The west addition will align with the north side of the existing garage but will extend this nonconforming edge slightly further into the side yard setback. This west addition will be 2-feet wide and be located 1.1- feet from the property line at the northwest corner but no closer than the existing northeast corner at 0.9-feet from the property line. The additions will increase the rear yard coverage. 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 1870 square feet. The proposed expansion of the garage will increase the accessory structure located in the rear yard from 504 square feet to approximately 615 square feet. As proposed the portion of the garage that will be located in the rear yard will increase coverage to approximately 490 square feet exceeding the maximum coverage requirements by 3%. Sec. 36-156(a)(2)(c) states, "Accessory buildings or structures in the R-1 through 2 DECEMBER 16, 2021 ITEM NO. 5 Z-9376-A R-4A districts shall not be located closer than sixty (60) feet to the front property line, fifteen (15) feet from a street sideline 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 minimal expansion to exceed the coverage requirements to a maximum 33%. Sec. 36-156(a)(2)f states, "Accessory buildings shall maintain at least a three-foot setback from any side or rear yard property line except where said rear yard abuts on a dedicated alley. Therefore, the applicant is requesting a variance to allow the expansion of a non -conforming accessory structure with a reduced side yard setback from the north side of the property line. Staff is supportive of the requested variances to allow the expansion of a nonconforming structure, a reduced side yard setback for the existing accessory building encroachment and proposed addition, and to allow an accessory structure to occupy more than 30% of the rear yard area. Staff views the request as reasonable. The proposed setback will not be out of character with other accessory structures throughout this neighborhood. The encroachment is comprised of only a 2-foot-wide addition to the west side and 4-foot addition to the south side of the accessory structure. The addition will be located further back from the north side property line than the existing northeast corner of the garage structure. Staff believes the proposed addition to the existing accessory structure with reduced side yard setback and increased area coverage will have no adverse impact on the adjacent properties or the general area. 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 expansion of a non -conforming structure, north side yard setback reduction to 0.9 feet, and rear yard coverage to a maximum of 33% subject to the following. 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 (December 16, 2021) The applicant was present. There were no objectors present via WebEx or in person. Staff presented the application to the Commission and stated it recommended the setback and coverage variance be approved with conditions as per the staff report. 3 DECEMBER 16, 2021 ITEM NO. 5 Z-9376-A There was a consent motion to approve the application. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent. 4 DECEMBER 16, 2021 ITEM NO. 6 Z-9616 File No.: Z-9616 Owners: Hugh D. and Luverda J. Clay Applicant: Hugh D. Clay Address: 5605 Southboro Drive Legal Description: Lot 93 Southgate 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: A variance is requested from area regulations of Sec. 36-156 to allow an accessory structureto be located closer than sixty (60) feet to the front property line, and to allow the same accessory structure to be separated from the primary structure by less than 6-feet. 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: No Comments. C. Building Codes Comments: No Comments. D. Staff Analysis: The R-2 zoned property located in southeast part of the city, east of Geyer Springs Rd, and south of McClellan Drive. The subject property is in Southgate subdivision at 5605 Southboro Dr and occupied by a one-story single-family brick and frame 1 DECEMBER 16, 2021 ITEM NO. 6 Z-9616 home. The property is located on the south side of the road with drive access located on the east side of the property. The adjacent and surrounding properties are also occupied by single family residences. The applicant has stated that they have installed a 21 x 20 portable carport in the front of the home which is 7-feet in height. The carport partially encloses a drive that is indicated to be approximately 17-feet 5-inches in width. The provided sketch shows that the carport is separated from the primary structure approximately 2 feet and extends across the 25-foot front yard setback approximately 19-feet. The north edge of the carport is located 6-feet from the property line and the right-of-way is indicated to be approximately 12-feet in width from the property line to the back of the street curb. The carport not being attached to the house would be classified as an accessory structure. In addition to accessory structures not being allowed within 60 feet of the front property line are also required to be separated from the primary structure a minimum of 6-feet. The applicant is asking that this non -conforming structure be allowed to remain as constructed and is requesting variances to allow the carport to cross the 25-foot front setback, be located within 60-feet from the front property line and be separated from the primary structure less than the minimum 6-foot requirement. Sec. 36-156 2(b) states, "All single- and two-family residences shall be separated from accessory structures by a distance of not less than six (6) feet." Therefore, the applicant requests a variance to allow a reduction of the required accessory structure separation from the primary structure to 2-feet. Sec. 36-156 2 (c) states, "Accessory buildings or structures in the R-1 through R-4A districts shall not be located closer than sixty (60) feet to the front property line...." Therefore, the applicant requests a variance to allow the accessory structure to be placed 6-feet from the front property line. Based on the above assessment and analysis, Staff finds the requested variances to be out of character with the surrounding development and in direct violation of the code requirements. In addition, Staff feels that the existing accessory structure detracts from the value and aesthetic of the neighborhood or surrounding properties. E. Staff Recommendation: Staff recommends denial of the request to allow the existing accessory building (carport) to continue as constructed within 60-feet of the front property line, crossing the 25-foot front yard setback, and not being separated from the primary structure a minimum of 6-feet. Additionally, Staff recommends the removal of this non- conforming structure. 2 DECEMBER 16, 2021 ITEM NO. 6 Z-9616 Board of Adjustment (December 16, 2021) Hugh Clay was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Hugh Clay addressed the Commission in support of the application. He stated that he and his wife owned the property and rented it to a disabled elderly woman who needed the covered area during inclement weather. He stated that he attempted to get a building permit in 2020 to construct a permanent carport but he could locate a temporary carport there instead. He stated that he discussed the issue with neighboring houses with the same type of structure and was not told to seek a variance or permit. City Attorney Latimer stated that the board could grant the variance it the situation was deemed a hardship. A general discussion occurred with the commission regarding the relocation of the structure and the front setback of the dwelling in relation to the street. Commissioner Grinder made a motion to approve the request with condition that the structure will be removed from the property once the current tenant ends their lease agreement and vacates the property. Bertram 2"d, the motion passed by a vote of 5 ayes, 0 nays, 0 absent. 3 DECEMBER 16, 2021 ITEM NO. 7 Z-9627 File No.. Z-9627 Owner: Fredrick Hart Davis and Sarah Elizabeth Davis Applicant: Fred Davis Address: 712 N. Spruce Street Description: Lot 12, Block 38, Pulaski Heights Addition, to the City of Little Rock, Pulaski County Arkansas Zoned: R-2 (Single-Family District) Variance Requested: Variance from the area regulations of Section 36-434.14 to permit more than 40% coverage of the rear yard for an accessory building in the Hillcrest Overlay District. Justification: The applicant's justification is presented as per the attached letter dated September 16, 2021. Present Use: R-2, Single Family Residential Proposed Use: R-2, Single Family Residential STAFF REPORT A. Planning and Development Civil Engineering: No Comment. B. Landscape and Buffers: No Comment. 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 1 DECEMBER 16, 2021 ITEM NO. 7 Z-9627 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 371-4832 for additional details. D. Staff Analysis: The R-2 zoned property is located in the Hillcrest Overlay District at 712 N Spruce Street and occupied by a two-story single-family frame home. The adjacent and surrounding properties are also occupied by single family residences. The home is located south of Kavanagh Blvd. The rear yard of the subject property is accessed from the alley on the west side of the property while the front of the home faces N Spruce St. The applicant is proposing to renovate their home to include a roofed screened -in porch over an existing deck on the rear of residence, a driveway extension, and a new detached two -car garage at the rear of the property. The garage / accessory building will be accessed from the alley to the west and located 5-feet from the rear property line and 4-feet from the south (side yard) property line. There are no accessory building setback requirements when the building is adjacent to an alley and side yard setbacks are to be maintained at a minimum of 3-feet. All the proposed improvements will follow the current code with the exception of the rear yard coverage provisions for the Hillcrest Overlay District. The rear yard space is approximately 1,267 square feet in area and is currently unoccupied with any structures. The proposed garage as indicated on the site plan will cover 574 square feet of the rear yard area. This proposed structure will yield approximately 45 percent coverage of the rear yard exceeding the maximum code allowance of 40 percent. Sec. 36-434.14 (D) states, "Accessory building coverage within the twenty -five-foot setback from the rear property line shall be no more than forty (40) percent of the area in that section." Therefore, the applicant is requesting that the rear yard coverage be allowed to exceed the maximum 40% requirement. Staff is supportive of the requested variance to allow an accessory structure to occupy more than 40% of the rear yard area. The proposed garage will not be out of character with other accessory structures throughout this neighborhood. Staff 2 DECEMBER 16, 2021 ITEM NO. 7 Z-9627 believes the proposed accessory structure with an increased area coverage will have no adverse impact on the adjacent properties or the general area. E. Staff Recommendation Staff recommends approval of the requested variance to allow up to 45% rear yard coverage as indicated on the attached survey /site plan, subject to a permit being obtained for all construction. Board of Adjustment (December 16, 2021) The applicant was present. There were no objectors present via WebEx or in person. Staff presented the application to the Commission and stated it recommended the yard coverage area variance be approved with conditions as per the staff report. There was a consent motion to approve the application. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent. 3 DECEMBER 16, 2021 ITEM NO. 8 Z-9628 File No.: Z-9628 Owners: Joe E. and Suzanne Simpson Applicant: Don Overton - The Overton Firm Address: 9 La Scala Court Legal Description: Lot 5, Hickory Grove Subdivision, to the City of Little Rock, Pulaski County Arkansas Zoned: PD-R Present Use: Single Family Residence Proposed Use: Single Family Residence Variance(s) Requested: A variance is requested from the building line regulations of Sec. 31-12 to allow the continued encroachment of existing structures across a platted building line. A variance is requested from the compliance regulations of Sec. 36-11 to allow the continued encroachment of existing structures into a utility easement. A variance is requested from the area regulations of Section 36-156 to allow the continued encroachment of an existing accessory structure into the rear yard setback. Justification: The applicant's justification is presented as per the attached letter dated October 19, 2021. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments 1 DECEMBER 16, 2021 ITEM NO. 8 Z-9628 B. Buffering and Landscape Comments: No Comments C. Building Codes Comments: No Comments D. Staff Analysis; The subject property at 9 La Scala Ct is located south of west of Hinson Road within the gated residential community of the Hickory Grove Subdivision. The one-story masonry home was constructed in 2008 and most recently acquired by the current owners in 2014. The applicant's letter of intent states that at the time of purchase there were several site items that were not in compliance with the currant code requirements at the time the property was purchased. These issues were not made apparent to the property owner until the property was placed for sale and a survey was performed by the buyer. The property owner's representative contacted the Little Rock Department of Planning and Development to discuss the possible variances and requirements to rectify any code issues presented by the existing conditions. Former City of Little Rock, Development Manager, Mr. Tim Herndon reviewed the documents provided and presented a letter outlining the zoning variances that would be required and the support records to be included. Mr. Herndon's letter and the requested approval documents are attached. The following variances are being requested. 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." Therefore, the applicant is requesting the continued encroachment of existing structures across a platted building line. Section 36-11 (f) sates, "No building or structure as defined in this chapter shall be erected, converted, reconstructed or structurally altered that encroaches on, over or into any easement. This includes drainage, utility access or use easements within the boundary of any lot of record, platted or otherwise established. For purposes of fence placement within easements, fences shall not be construed to be a building or structure." Therefore, the applicant is requesting the continued encroachment of existing structures into a utility easement. Sec. 36-156(a)(2)f states, "Accessory buildings shall maintain at least a three-foot setback from any side or rear yard property line except where said rear yard abuts 2 DECEMBER 16, 2021 ITEM NO. 8 Z-9628 on a dedicated alley. Therefore, the applicant is requesting a variance to allow the non -conforming accessory structures to remain as constructed with a reduced rear yard setback. The applicant is requesting that building line encroachments be allowed on the front (west), south (side), east (rear), and the 0.1-foot side encroachment to the north. The pool, outdoor kitchen, and hot tub were constructed over rear and side yard building setback lines. The front of the house was built over the front building setback line. The applicant has also provided documentation from the utility companies and POA stating that they have no objections to the requested variances. In Staff s opinion, the proposed building line set back, and easement encroachment 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. In addition, Staff finds the request to generally be in conformance with the development pattern in the neighborhood. Based on the above assessment and analysis, Staff finds the requested variances to be reasonable. If the Board approves the requested building line setback 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 variances as outlined in the above analysis. Board of Adjustment (December 16, 2021) The applicant was present. There were no objectors present via WebEx or in person. Staff presented the application to the Commission and stated it recommended the variance be approved with conditions as per the staff report. There was a consent motion to approve the application. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent. 3 DECEMBER 16, 2021 ITEM NO. 9 Z-9629 File No.: Z-9629 Owners: Peter Gray & Trudy Signe Kumpe Applicant: Scott Smith - Smith Associates Architects Address: 475 Ridgeway Drive Legal Description: Lot 32, Block 12, Midland Hills Addition to the City of Little Rock, Pulaski County Arkansas Zoned: R-3 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from area regulations of Sec. 36-255 to allow a reduced side and rear yard setback in the R-3 district. Justification: The applicant's justification is presented as per the attached letter dated October 07, 2021. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Bufferinq and Landscape Comments: No Comments. C. Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five 5) feet if they have properly constructed fire walls which provide the requisite one 1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line, and are prohibited when the exterior wall is less than 1 DECEMBER 16, 2021 ITEM NO. 9 Z-9629 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 371-4832 for additional details. D. Staff Analysis: The R-3 zoned property is located in the Hillcrest Overlay District at 475 Ridgeway Dr. and occupied by a one-story single-family frame home. The adjacent and surrounding properties are also occupied by single family residences. The subject property is located south of Lee Street. Built in 1930 the structure has undergone minimal exterior improvements or additions that are often typical of this neighborhood. The house faces west towards Ridgeway and shares a drive with the neighboring property located to the north providing access and off-street parking form the street. The property can also be accessed from the alley at the back of the home. The applicant is proposing a carport addition in the rear of the property which will be accessed from the alley. The addition will be comprised of a lower level open on all four sides for covered parking for two vehicles. The upper level is indicated to be a one-story attic structure that will provide storage for the homeowner. This upper portion of the carport will be on the same finished floor level as the existing residence and connected to the house with an existing deck. This connection will make the addition part of the primary structure. The survey and applicant sketch indicates that the new carport will be located approximately 16-feet from the back wall of the home and extend 22-feet to the east crossing the 25-foot rear setback line by 12.5 feet. The north side of the of the carport will be placed 3-feet from the property line extending into the side yard setback 2-feet. The applicant has stated that the proposed location for this structure was determined by the topography, and alley access allowing the improvements to occupy the least amount of the rear yard setback. Rear yard setbacks are required to be 25-feet in width while side yard setbacks are required to be 10% the width of the lot not to exceed 8-feet. The lot is 50-feet in width requiring 5-foot side yard setback, The new construction will encroach on both the rear yard setback and north side yard setback. Section 36-255(d)(3) states "There shall be a rear yard setback having a depth of not less than twenty-five (25) feet. "Therefore, applicant requests a variance to allow the extension of the primary structure into the rear yard setback reducing the setback to no less than 12.5-feet. Section 36-255(d)(2) states, "There shall be a side yard setback 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 the 2 DECEMBER 16, 2021 ITEM NO. 9 Z-9629 extension of the primary structure into the side yard setback reducing the setback to no less than 3-feet. Staff finds the request to generally be in conformance with the development pattern in the Hillcrest neighborhood and nearby area. Based on the above assessment and analysis, staff finds the requested variance 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 12.5-feet, and the reduction of the side yard setback to a minimum of 3-feet as presented on the attached survey / site plan. Board of Adjustment (December 16, 2021) The applicant was present. There were no objectors present via WebEx or in person. Staff presented the application to the Commission and stated it recommended the rear yard setback reduction variance be approved with conditions as per the staff report. There was a consent motion to approve the application. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent. 3 DECEMBER 16, 2021 ITEM NO. 10 Z-9630 File No.: Z-9630 Owners: Jane Rich McDonald Rev Trust Applicant: John Allison Address: 5400 Hawthorne Road Legal Description: Lot 1, Block 6, Newton's Addition, to the City of Little Rock, Pulaski County Arkansas Zoned: R-2 Present Use: Vacant Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from the area regulations of Sec. 36-254 to allow a reduced front yard and rear yard setback in the R-2 district. Justification: The applicant's justificat3ion is presented as per the attached letter dated October 14, 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: 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. 1 DECEMBER 16, 2021 ITEM NO. 10 Z-9630 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 5400 Hawthorne Rd 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 northwest corner of Hawthorne Rd and Tyler St. The parcel was originally developed with a single -story masonry home in 1948. The applicant has stated that the existing home will be razed, and a new one-story single-family home constructed facing Hawthorne Rd. The survey indicates the lot to be 50 feet in width and 140 feet in length. The applicant desires to create a home that will align with the other houses on Hawthorne Street and proposes the house to be a story and a half to keep the structure in scale with the surrounding properties. 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 porch of the home to be built 19.3-feet from front property line. The rear of the home will include a garage as part of the primary structure and be accessed from Tyler Street. The rear fapade is shown to be located 9-feet from the north property line indicating that the proposed structure will encroach into the rear yard setback 9-feet. 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 5.7-feet reducing the front yard setback to 19.3-feet. Additionally, the applicant is requesting to extend the back of the structure into the rear yard setback 9-feet, reducing the rear yard setback to 16-feet. 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. 2 DECEMBER 16, 2021 ITEM NO. 10 Z-9630 E. Staff Recommendation: Staff recommends approval of the requested front yard setback reduction from 25 feet to a minimum to 19.3-feet, per the attached site plan. Staff recommends approval of the requested rear yard setback reduction from 25 feet to a minimum to 16-feet, per the attached site plan. 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 (December 16, 2021) The applicant was present. There were no objectors present via WebEx or in person. Staff presented the application to the Commission and stated it recommended the rear yard setback reduction variances be approved with conditions as per the staff report. There was a consent motion to approve the application. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent. 3 DECEMBER 16, 2021 ITEM NO. 11 Z-9631 File No.: Z-9631 Owners: Patrick W. & Laura M. Jackson Applicant: Ellen Yeary - Yeary Lindsey Architects Address: 7 River Oaks Circle Legal Description: Lot 7, River Oaks Addition, to the City of Little Rock, Pulaski County Arkansas Zoned: R-2 (Single-Family District) Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested. Request from the area regulations of Sec. 36-254 to allow a reduced side yard setback in an R-2 District. Justification: The applicant's justification is presented as per the attached letter dated October 15, 2021. STAFF REPORT A. Planning and Development Civil Engineering: No Comments. B. Landscape and Buffers: No Comments. 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. 1 DECEMBER 16, 2021 ITEM NO. 11 Z-9631 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 R-2 zoned property located at 7 River Oaks Circle is occupied by a single-family residence. The property is located on the south side of this cul-de-sac street north of Rockwood Rd and east of Overlook Drive. The surrounding properties are also occupied with single family residences. The original masonry home was built in 1974 and has only undergone minor improvements throughout the years. A drive leading to a carport open on 3-sides is located on the west side of the property. The survey indicates the width of the property to be approximately 135-feet requiring an 8-foot side yard setback. The applicant has stated that they intend to enlarge the carport to adequately accommodate their two vehicles. The footprint of the carport will also include a small addition to the main house and outdoor storage. The back of the carport will align with the existing brick face of the house and a second story will be added over the rear portion of the new carport structure. The south-western corner of the outdoor storage will encroach into the 8-foot side yard setback and be located 6-feet 4-inches from the property line, and the north-western corner of the outdoor storage will remain within the setback, at 9-feet from the property line. Additionally, the applicant is proposing to construct two new retaining walls inside the side yard setback, but clear of the easement at the west property line. The front retaining wall will allow space for garbage cans and be approximately 3-feet in height. The rear retaining wall will frame a new patio off the south end of the carport and be approximately 5 feet in height. It is noted that the walls will be required to manage water runoff and create a functional outdoor space level with the finished floor of the house. Section 36-254(d)(2) states "Side yard. There shall be a side yard set -back on each side of the building having a width of not less than ten (10) percent of the average width of the lot, not to exceed eight (8) feet." The applicant requests a variance to allow an encroachment into the west side -yard setback. Based on the above analysis, Staff believes the proposal is in keeping with the character and scale of the neighborhood and views the variance request as reasonable. The retaining walls built in the side yard setback will be constructed at a lower height than a privacy fence could be erected on the property line and have no bearing on the variance request. The new addition of the carport will extend 1-foot 8-inches into the setback. 2 DECEMBER 16, 2021 ITEM NO. 11 Z-9631 E. Staff Recommendation: Staff recommends approval of the requested side yard setback to 6-feet 4-inches and as per the submitted site plan dated September 08, 2021. Board of Adjustment (December 16, 2021) The applicant was present. There were no objectors present via WebEx or in person. Staff presented the application to the Commission and stated it recommended the side yard setback variances be approved with conditions as per the staff report. There was a consent motion to approve the application. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent. 3 DECEMBER 16, 2021 ITEM NO. 12 Z-9633 File No. Z-9633 Owner: Common Ground Opportunity Fund, LLC Applicant: Adam Fogelman Address: 1920 / 1922 Commerce Street Description: S 40' of N 84.5 of Lot 2, Block 402 of the Lincoln & Zimmerman Addition Zoned: R-4 Variance(s) Requested: A variance is requested from area regulations of Sec. 36-256 to allow a reduced front and rear yard setback in the R-4 district. The parking regulations of Sec. 36-502 to allow a reduced number of parking spaces required for a two-family development. Justification: The applicant's justification is presented as per the attached letter dated October 18, 2021. Present Use: R-4, Vacant Proposed Use: R-4, Two-family Development STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comment. B. Buffering and Landscape Comments. - No Comments. 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 DECEMBER 16, 2021 ITEM NO. 12 Z-9633 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 R-4 zoned property at 1920 /1922 Commerce Street is located within a predominantly R-4 zoned neighborhood. This second tract on the west side of the road is located north of the intersection of Charles Bussey Ave. The survey indicates the lot to be 45 feet in width and 75.5 feet in length. If enforced, the code requirements would only allow a 25.5 feet wide portion of this lot to be development. The applicant is proposing to develop a two-family dwelling. The structure is proposed to be a 32-feet in width and 42-feet in length. Developments of this type are required to have 1.5 parking spaces per unit. Off street parking will be accessed from Charles Bussey Ave by a new drive and provide 2 stacked parking spaces behind the two-family dwelling. An existing curb cut on Commerce Street will be removed, and the curb reconstructed. This will restore the parking and provide a total of two (2) on -street spaces immediately adjacent to the subject property. The applicant has stated that the shallow depth of the lot only provides 25.5-feet for development and is requesting the encroachments be allowed in the front and rear setbacks. The provided sketch shows the home and the associated porches extending into the front setback 19.5 feet. The rear wall of the home is indicated to be built on the 25-foot setback line with the porch extending another 7.5 feet beyond this point into the rear yard setback. Section 36-256(d)(1) states, "There shall be a front yard setback having a depth of not less than twenty-five (25) feet." Therefore, the applicant is requesting a variance to allow the extension of the primary structure into the front yard setback to no more than 19.5-feet reducing the front yard setback to 5.5-feet. Section 36-256(d)(3) states "There shall be a rear yard setback having a depth of not less than twenty-five (25) feet. "Therefore, the applicant is requesting a variance to allow the extension of the primary structure into the rear yard setback 7.5 feet reducing the rear yard setback to 17.5-feet. Sec. 36-502(b)(1)(s) states that the parking requirement for a "Two-family dwelling, 1.5 spaces per unit." Therefore, the applicant is requesting a variance to allow the 2 DECEMBER 16, 2021 ITEM NO. 12 Z-9633 off-street parking to be reduced from 3 spaces to 2 spaces with an additional 2 on street parking spaces making up the difference. In Staff s opinion, the proposed setback reductions, and the elimination of 1 onsite parking space 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 to 5.5. feet, the rear yard setback reduction to 17.5 feet, and the reduction of the off-street parking requirements 3 spaces to 2 spaces as indicated on the submitted survey/site plan sketch. Board of Adjustment (December 16, 2021) The applicant was present. There were no objectors present via WebEx or in person. Staff presented the application to the Commission and stated it recommended the front yard setback reduction variances be approved with conditions as per the staff report. There was a consent motion to approve the application. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent. 3 DECEMBER 16, 2021 ITEM NO, 13 Z-9635 File No.: Z-9682 Owners: Jack Ollie & Paula A Hartsell Applicant: Jack Hartsell Address: 3501 Foxcroft Drive Legal Description: Lot 247R, Foxcroft Fifth Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: R-2 Present Use: Vacant Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from the building line regulations of Sec. 31-12 to allow a building addition which crosses a platted front yard building line. A variance is requested from area regulations of Sec. 36-254 to allow a reduced front yard setback in the R-2 district. Justification: The applicant's justification is presented as per the attached letter. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Buffering and Landscape Comments: No Comments. C. Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5) feet if they have properly constructed fire walls which provide the requisite one (1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. 1 DECEMBER 16, 2021 1TEM NO. 13 Z-9635 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 R-2 zoned property located in the Foxcroft neighborhood at 3501 Foxcroft Drive and is currently an undeveloped wooded lot with mature vegetation. The adjacent and surrounding properties are also occupied by single family residences or undeveloped R-2 zoned parcels. The terrain along Foxcroft is generally characterized as having a higher elevation on the west side of the street and sloping to the properties at a lower elevation to the east. The subject property, located on the east side of the road is indicated to continue this topographic pattern with a steep slope falling further to the east. The applicant is proposing to build a new single-family residence and has stated that the terrain would require the home to be built below street level and require the back to be extremely high if developed within the perimeter of the front yard setback. In addition to the 25-foot front yard setback required for R-2 properties the survey indicates a 15-foot platted front building line. The sketch provided shows that the home will be placed 40-feet from the west property line, be 80 feet in length and cross the 15-foot building line 5-feet and be constructed 10-feet from the front property line. 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 applicant requests a variance to allow a reduction of the 15-foot platted front building setback to10-feet. Section 36-254(d)(1) states, "There shall be a front yard setback having a depth of not less than twenty-five (25) feet." The applicant requests a variance to allow a reduction of the required front yard setback to 10 feet. The topography of the neighborhood often requires homes to be built with steep driveways and structures located far below or above street level. The placement of the home closer to the front property line will provide for a more street oriented structure. In Staff s opinion, the home located closer to the street 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. In addition, Staff finds the request to generally be in conformance with the development pattern in the neighborhood. Based on the above assessment and analysis, Staff finds the requested variances to be reasonable. If the Board approves the requested front yard setback line variance, the applicant must then produce a one -lot replat reflecting the approved change. As such, the 2 DECEMBER 16, 2021 ITEM NO. 13 Z-9635 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 platted front building line reduction from 15 feet to a minimum of 10-feet with the following condition: Completion of a replat reflecting the above -described building line change. Board of Adjustment (December 16, 2021) The applicant was present. There were no objectors present via WebEx or in person. Staff presented the application to the Commission and stated it recommended the front building line reduction variances be approved with conditions as per the staff report. There was a consent motion to approve the application. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent. 3 DECEMBER 16, 2021 ITEM NO. 14 Z-9644 File No. Z-9644 Owner: Eyad/Linda Hassan & Amjad/Shar Kattom Applicant: Mark Redder - Holloway Engineering Address: 6317 W. Markham Street Legal Description: Lot "A", Baird's Replat of Patton -Cella -Baird Subdivision, City of Little Rock, Pulaski County Arkansas Zoned: C-3 Variance Requested: A variance is requested from the area regulations of Section 36-301 to allow a building addition with a reduced front yard setback. Justification: The applicant's justification is presented as per the attached letter dated October 19, 2021. Present Use: Convivence Store with Fuel Pumps Proposed Use: Convivence Store with Fuel Pumps STAFF REPORT A. Planning and Development Civil Engineering No Comments B. Landscape and Buffer Issues: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. If building rehabilitation exceeds fifty percent (50%) of the replacement cost then the landscaping and buffer must also come into compliancy accordingly. 3. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 1 DECEMBER 16, 2021 ITEM NO. 14 Z-9644 D. Staff Analysis: The C-3 zoned property located on the southeast corner of W Markham and McKinley Streets is occupied by a one-story convenience store, fuel pumps and an overhead canopy. The commercial structure was built in 1968 and is roughly positioned in the center of the site. The front of the building faces W Markham with parking located on the east and west perimeters. The back of the property slopes downward to the south and is occupied with a utility easement, and greenspace with mature vegetation. The adjacent tract to the south is a vacant lot zoned PCD and the property to the east is zoned 03 CUP and occupied with a funeral home. Park Plaza Mall is directly across Markham and single-family residences are located across the McKinley on the north and south intersection corners. The existing masonry building to be retained is approximately 2,200 square feet and will continue to be utilized as a convenience store and gas station. The applicant is proposing to update the building facia, some interior remodeling, gas pumps, and a new gas pump canopy. The existing canopy is shown to extend from the front of the building 57.5-feet crossing the 25-foot front building line 7.5 feet. The proposed canopy is shown to be the same length, but the width will expand from 22-feet to 40-feet. The width of the proposed canopy will be located within the side yard setbacks. Section 36-301 (e)(1) states `There shall be a front yard having a depth of not less than twenty-five (25) feet to the front line of the building." Therefore, the applicant is requesting a variance to allow the fuel pump canopy to cross the 25-foot front yard setback 7.5 feet. In Staffs opinion, the proposed front yard setback reduction 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 twenty- five (25) feet to 17.5 feet as shown on the attached site plan. Board of Adjustment (December 16, 2021) The applicant was present. There were no objectors present via WebEx or in person. Staff presented the application to the Commission and stated it recommended the front yard setback reduction variances be approved with conditions as per the staff report. There was a consent motion to approve the application. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent. 2 DECEMBER 16, 2021 ITEM NO. 15 Z-9645 File No.: Z-9645 Owners: Keith Wolter & Jill Mhyre Applicant: Phil Purifoy - Fennell Purifoy Architects Address: Overlook Circle, Little Rock Arkansas 72207 Legal Description: Lot 29, Overlook Park and Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: R-2 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 setback in the R-2 district Request from the area regulations of Sec. 36-513 to allow a driveway to exceed the 20-foot width limitation. Justification: The applicant's justification is presented as per the attached letter dated October 19, 2021. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Buffering and Landscape Comments: No Comments. C.Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five 5) feet if they have properly constructed fire walls which provide the requisite one 1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. 1 DECEMBER 16, 2021 ITEM NO. 15 Z-9645 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 371-4832 for additional details. D. Staff Analysis: The R-2 zoned property located in the Overlook neighborhood on Overlook Circle is currently an undeveloped wooded lot with mature vegetation. The adjacent and surrounding properties are occupied by single-family residences or undeveloped R-2 zoned parcels. The terrain along Overlook Circle is generally characterized as having a higher elevation on the south side of the street and sloping to the properties at a lower elevation on the north side of the road. The applicant is proposing to build a new single-family residence and has stated that the site has a significant slope and several existing trees. The desire is to locate and orient the new home parallel to the existing grades, minimizing retaining wall heights and the overall impact on the site. A moderate retaining wall on the south side of the house will allow the necessary retaining wall on the north side to be lower in height without requiring the house to be pushed further down the hill. The property owner also desires to have a two -space parking pad at the east end of the site to accommodate vehicles for their children or guest. This parking will be immediately adjacent to a bridge which leads to the main entry of the house. The finish grades of the house were determined for this bridge entry to align approximately with the level of the street. A driveway will lead to a lower -level garage on the west side of the house. The provided "sketch indicates the that approximately 2-feet of the southeast corner of the house will cross the 25-foot front building line. However, the retaining walls required to create the lower -level terrace and upper -level parking pad cross the building line a parallel distance of 66-feet 4-inches on the western end of the house. The walls will be approximately 42" above grade on the upper level with the lower - level terraces being approximately 12-feet below the street level. Within the 66-feet 4-inches the walls are at varying distances in the front yard setback beginning at 25-feet at the east, ending at the property line on the western edge of the parking pad. The parking pad is also shown to be 22-feet 8-inches wide exceeding the 20-foot maximum parking pad width. Section 36-254(d)(1) states, "There shall be a front yard setback having a depth of not less than twenty-five (25) feet." The applicant requests a variance to allow a reduction of the required front yard setback to 0 to allow the southeast corner of the home and the retaining walls required to locate the house to be within the setback. 2 DECEMBER 16, 2021 ITEM NO. 15 Z-9645 Sec. 36-513(d) states, "No person, including any owner, tenant, manager, or occupant of property used as a residence, shall allow any person to, keep, store or park any motor vehicle on any portion of a front yard or corner street side yard of any property used as a residence, except on a paved surface or on an unpaved designated driveway area and parking pad not to exceed twenty (20) feet in width...." Therefore, the applicant is requesting expand the maximum width of the carport from 20-feet to 22-feet 8-inches. Based on the above analysis, Staff believes the proposal is in keeping with the character and scale of the neighborhood and views the variance request as reasonable. E. Staff Recommendation. Staff recommends approval of the requested platted front building line reduction from 25 feet to a minimum of 0-feet as presented on the attached survey / site plan. Staff additionally recommends the width expansion of the parking pad from maximum 20-feet in width to a width of 22-feet 8-inches. Board of Adjustment (December 16, 2021) The applicant was present. There were no objectors present via WebEx or in person. Staff presented the application to the Commission and stated it recommended the front building line reduction variances be approved with conditions as per the staff report. There was a consent motion to approve the application. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent. 3 DECEMBER 16, 2021 There being no further business before the Board, the meeting was adjourned at 5:16 p.m. Date: Chairman Secretary