boa_01 20 2022LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA PROCEDURE
JANUARY 20, 2022
4:00 P.M.
I.Roll Call and Finding of a Quorum
II.Approval of the Minutes of the December 16, 2021
meeting of the Board of Adjustment
Ill. Presentation of Consent Agenda
IV.Presentation of Hearing Items
LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
JANUARY 20, 2022
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being five (5) in number.
II. Approval of the Minutes of the December 16, 2021 meeting
of the Board of Adjustment
The Minutes of the October 21, 2021 meeting were approved.
Members Present: Frank Allison - Chairman
Richard Bertram -Vice Chair
Austin Grinder
Joe Justus
Katherine Lashley
Members Absent: None
City Attorney Present: Sherri Latimer
LITTLE ROCK BOARD OF ADJUSTMENT
ABBREVIATED AGENDA
JANUARY 20, 2022
4:00 P.M.
I. OLD BUSINESS:
A. Z-5114-A 109 North Chester Street
B. Z-6986-A 100 North Grant Street Food Truck
C. Z-9626 23 Applegate Court
II. NEW BUSINESS:
1. Z-9650 2720 North Pierce Street
2. Z-9652 1615 North Taylor Street
3. Board of Adjustment Bylaw Referendum
4. Election of Board of Adjustment Officers
JANUARY 20, 2022
ITEM NO. A 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
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JANUARY 20, 2022
ITEM NO. A 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.
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.
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
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JANUARY 20, 2022
ITEM NO. A Z-5114-A
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
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JANUARY 20, 2022
ITEM NO. A 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)(1 1) 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.
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.
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JANUARY 20, 2022
ITEM NO. A Z-5114-A
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 (January 20, 2022)
The applicant was present via WebEx. There were five (5) objectors present via WebEx
or in person.
Staff presented the application to the Commission and stated it recommended the parking
requirement, glass surface area signage, landscaping and on -premises signage
variances be approved with conditions as per the staff report.
Mark Redder, James Harkins, Eddie Bailey, and Jared Coleman were present,
representing the application.
Staff presented the application with a recommendation of approval.
City Attorney Sherri Latimer addressed the Board. She stated that a moratorium had been
issued by the Little Rock City Board of Directors regarding similar types of commercial
business and that this application will not be impacted by the resolution.
Mark Redder addressed the Board in support of the application. He briefly described that
efforts had been made to contact and meet with the surrounding property owners to
address any concerns they have about the project.
Jim McClelland addressed the Board via WebEx. He stated that he owned property to the
east of the project. He stated that he opposed the project and believed it would escalate
the crime problems that already exist in the area.
Reba Wingfield addressed the Board via WebEx. She stated that she opposed the project
and that she believed that it would contribute to the crime, vandalism and homelessness
already plaguing the area.
Roxana Martino addressed the Board via WebEx. She stated that she did not particularly
oppose the application, but she did not receive information in advance regarding the
construction of a convenience store. She stated that the notices sent out did not include
information about what the variances were for.
A general discussion regarding the application in relation to the moratorium was held by
the Board.
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JANUARY 20, 2022
ITEM NO. A Z-5114-A
City Attorney Sherri Latimer summarized the discussion stating that the Board was not
responsible for interpretation of the City Boards decision and that this was not a hearing
to grant a permit just variances.
Patrick Laughlin addressed the Board via WebEx. 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 attended meetings with the developer and believe
their concerns had been addressed.
Jordan Smith addressed the Board via WebEx. He stated that was the business partner
with Mr. Laughlin and that they were satisfied with the efforts being made by the developer
prior to their meeting with them concerning the site development. He also stated that he
believed the new business would reduce the crime in the area.
Candace Woodruff addressed the Board via WebEx. She stated that owned the former
LaHarpes building and was interested in addressing the homeless situation in the area
and thought the new business would contribute to the area.
Neil Deininger addressed the Board. He stated that he was opposed to the application
and that he received little or no notification that a convenience store was being
constructed at that location. He stated that the notices sent out was misleading and did
not mention the full intent of the project.
He wanted to know what federal, state, or city ordinance governed the notification
process. He also stated that crime in the area was rampant and that a convenience store
would only draw more homelessness and vandalism to that intersection.
A general discussion occurred with Board members Allison, Grinder, and City Attorney
Latimer regarding the implications of the City Boards moratorium and that the resolution
was in the process of being filed by the city Clerk. Attorney Latimer stated that the purpose
of the Board of Adjustment was solely to consider the variances requested and not
permitting or other issues related to the site.
Mark Redder addressed the Board stating that he believed he and the developer had
made every effort possible to meeting the requests of the commission and the
neighboring landowners.
A general discussion occurred with the Board members regarding the variances,
statements by the applicants and concerns of the opposition.
There was a motion to approve the application.
The motion passed by a vote of 3 ayes, 2 nays, 0 absent.
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JANUARY 20, 2022
ITEM NO. B 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) I 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 Develooment Civil Engineering Comments:
No Comments
B. Buffering and Landscape Comments:
No Comments
C. Building Codes Comments:
No Comments
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JANUARY 20, 2022
ITEM NO. B 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 O-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
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JANUARY 20, 2022
ITEM NO. B 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 (January 20, 2022)
Staff stated that the item was withdrawn by the applicant and shall be removed from the
agenda.
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JANUARY 20, 2022
ITEM NO. C Z-9626
File No.: Z-9626
Owners: Alfred Walker Sr.
Applicant: Alfred Walker
Address: 23 Applegate Ct
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 (January 20, 2022)
The applicant was not present. There were no objectors present via WebEx or in person.
Staff presented the application to the Commission and stated that the applicant did not
provide the minimum required information during the review process and recommended
the application be withdrawn by consent.
There was a consent motion to withdraw the application.
The application was approved on consent. The vote was 4 ayes, 0 nays, 1 absent.
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JAN UARY 20, 2022
ITEM NO. 1 Z-9650
File No.: Z-9650
Owners: Adam & Julia Crow
Applicant: Fennell Purifoy Architects: Tom Fennell
Address: 2720 N Pierce Street
Legal Description: The North M2 of Lot 11 and of Lot 12, Block 19, Park View
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 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 November 15, 2021.
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 property at 2720 N Pierce is in a predominantly R-2 zoned neighborhood,
within the Heights Landscape Design Overlay District. This district generally has no
bearing on the subject variance requests.
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JANUARY 20, 2022
ITEM NO. 1 Z-9650
The subject property is located on the northwest corner of N Peirce
and Z Streets. Built in 1949 the existing 2-story frame home occupying the
property has undergone minimal improvements or additions that are often typical of
this neighborhood. The immediate neighboring properties and are also populated
with single family homes.
The house faces east towards N Pierce and vehicular access is located at the rear
of the home on the north perimeter from Z Street. A drive is located in this area
and provides two off street parking spaces adjacent with to the public right-of-way.
The applicant is proposing a garage and a swimming pool addition. The garage will
connect to the existing home and extend the primary structure into the rear yard
setback. The pool is indicated to be 14x28 feet and will be classified as an accessory
structure. The pool will meet all setback and coverage requirements. However, with
the garage addition the primary structure will cross the 25-foot setback line
approximately 19.5 feet, placing the home 5.5 feet from the rear property line.
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 is requesting a variance
to allow the extension of the primary structure into the rear yard setback reducing
the setback to no less than 5.5-feet.
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.
E. Staff Recommendation:
Staff recommends approval of the requested rear yard setback reduction from
twenty-five (25) feet to a minimum of 5.5-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
(January 20, 2022)
The applicant was present via WebEx. There were no objectors present via WebEx or in
person.
Staff presented the application to the Commission and stated it recommended the rear
yard reduction variance be approved by consent 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.
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JANUARY 20, 2022
ITEM NO. 2 Z-9652
File No.: Z-9652
Owners: Anna Celeste Gibson
Applicant: Ben Rush
Address: 1615 N Taylor
Legal Description: Lot 9, Block 29 Mountain Park Addition, 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.
Justification: The applicant's justification is presented as per the attached
letter.
STAFF REPORT
A. Planning and Development Civil Engineering:
No Comment.
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:
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
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JANUARY 20, 2022
ITEM NO. 2 Z-9652
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 property at 1615 N Taylor 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 Taylor, south of P
Street and occupied by a one-story frame single-family residence. The adjacent and
surrounding properties are also occupied by single family homes. The rear yard of
the property is accessed from the alley connecting to P Street and the front of the
home faces N Taylor. The rear yard is currently occupied by a 12x20 workshop and
an existing concrete slab used for parking.
The applicant is proposing to build a carport on the existing concrete slab. This new
structure is stated to be 22.5-feet x 24-feet and open on all four sides. This proposed
improvement will follow the current code requirements with the exception of the rear
yard coverage provisions. The rear yard space is approximately 1,250 square feet
in area. The carport as indicated on the site plan will cover 462 square feet of the
rear yard area. The existing workshop occupies 240 square feet of the rear
yard. This proposed and existing structure will yield approximately 49 percent
coverage of the rear yard exceeding the maximum code allowance of 30 percent.
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 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 49%.
Staff is supportive of the requested variance to allow an accessory structure to
occupy more than 30% of the rear yard area. Staff views the request as reasonable.
The proposed carport will not be out of character with other accessory structures
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JANUARY 20, 2022
ITEM NO. 2 Z-9652
throughout this neighborhood and believes an 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 rear yard coverage to a maximum of 49%
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 (January 20, 2022)
The applicant was present via WebEx. There were no objectors present via WebEx or in
person.
Staff presented the application to the Commission and stated it recommended the rear
yard coverage 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.
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JANUARY 20, 2022
There being no further business before the Board, the meeting was adjourned at 5:10 p.m.
Date:
Chairman Secretary