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boa_02 17 2022LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROC EDURE FEBRUARY 17, 2022 4:00 P.M. I.Roll Call and Finding of a Quorum II.Approval of the Minutes of the January 20, 2022 meeting of the Board of Adjustment Ill. Presentation of Consent Agenda IV.Presentation of Hearing Items LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES FEBRUARY 17, 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 January 20, 2022 meeting of the Board of Adjustment The Minutes of the December 16, 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 FEBRUARY 17, 2022 4:00 P.M. I.OLD BUSINESS: No Old Business II.NEW BUSINESS: 1.Z-4792-B 2324 N. Tyler Street 2.Z-9659 59 Bentley Court 3.Z-9660 1012 Shamrock Drive 4.Board of Adjustment Bylaw Referendum FEBRUARY 17, 2022 ITEM NO. 1 Z-4792-B File No.: Z-4792-B Owners: Derek & Erin Teter Applicant: Christi Wilson Address: 2324 N. Tyler Street Legal Description: Part of Lot 9, Block 6 Newton's Addition, an Addition to the City of Little Rock, Pulaski County Arkansas Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence STAFF UPDATE On February 7, 2022 the applicant requested this application be withdrawn, without prejudice. Staff supports the withdrawal request. Board of Adjustment (February 17, 2022) The applicant was not present. There were no persons present registered in support or opposition. Staff informed the Board that the applicant requested that this application be withdrawn without prejudice. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn as recommended by staff. The vote was 5 ayes, 0 nays and 0 absent. 1 FEBRUARY 17, 2022 ITEM NO. 2 Z-9659 File No.: Z-9659 Owners: Steven and Ronda Avery Applicant: Ronda Avery Address: 59 Bentley Court Legal Description: Lot 43, Bentley Court, Addition to the City of Little Rock 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 on the attached application. STAFF REPORT A.Planning and Development Civil Engineering Comments: No Comments. B.Buffering and Landscape Comments: No Comments. C.Building Codes Comments: No Comments. D.Staff Analysis: The R-2 zoned property at 59 Bentley Circle is located within a predominantly residentially zoned Southwest Little Rock neighborhood. The subject property is located in the Bentley Court subdivision west of Stagecoach Rd and north of Otter Creek Parkway. The property is accessed from Bentley Blvd and located at the northwest portion of Bentley Circle on the interior corner of the street. The brick and frame home was constructed in 2007 and is surrounded by similar houses built in the same time period. A platted 15-foot building line indicated on the survey, in addition a 10-foot easement is located between the building line and the adjacent north, west and south property 1 FEBRUARY 17, 2022 ITEM NO. 2 (CON'T.) Z-9659 lines. The southwest portion of the house is built to the 25-foot rear yard setback line while the remainder of the rear of the home is built 10-12-feet from this boundary. The applicant is proposing to build a handicap accessible bedroom with bath facilities to the back of their home. The sketch provided indicates that this addition will be placed on the southeast portion of the primary structure and extend 22-feet south and 26-feet to the west. The addition will cross the 25-foot rear setback line 12-feet but will not encroach into the 15-foot platted building line or into the 10-foot easement at the rear of the property. Section 36-254(d)(3) states "There shall be a rear yard setback having a depth of not less than twenty-five (25) feet. "The applicant requests a variance to allow the extension of the primary structure into the rear yard setback. The survey and sketches provided by the applicant indicate that the addition to the primary structure will cross the 25-foot rear yard setback line 12-feet reducing the rear yard setback to 13-feet. In Staff' s opinion, the existing conditions and the proposed addition 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 rear yard setback reduction from twenty-five (25) feet to a minimum of 13-feet as outlined in the above staff analysis and on the attached sketch. Board of Adjustment (February 17, 2022) The applicant was present. There were no persons registered in opposition. Staff presented the item and a recommendation of approval as outlined in the "Staff Recommendation" above. There was no further discussion. The item remained on the Consent Agenda for approval. A motion was made and seconded to approve the Consent Agenda. The vote was 5 ayes, 0 nays and 0 absent. 2 FEBRUARY 17, 2022 ITEM NO. 3 Z-9660 File No.: Z-9660 Owners: Francios and Kellee Guilloux Applicant: Kellee Guilloux Address: 1012 Shamrock Drive Legal Description: Lot 3, Block 2, H.F. Buhlers 12th Addition, to the City of Little Rock, Pulaski County Arkansas Zoned: R-2 Present Use: Single Family Residence Proposed Use: Single Family Residence Variance(s) Requested: A variance is requested from the compliance regulations of Sec. 36-11 to allow the continued encroachment of existing structures into a utility easement. Justification: STAFF REPORT 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 and side yard setbacks. A variance is requested from the height regulations of Section 36-516 to allow an existing fence to exceed 8-feet in height. The applicant's justification is presented as per the attached letter dated December 14, 2021. A.Planning and Development Civil Engineering Comments: No Comments B.Buffering and Landscape Comments: No Comments C.Building Codes Comments: No Comments FEBRUARY 17, 2022 ITEM NO. 3 (CONT.) Z-9660 D.Staff Analysis: The subject property at 1012 Shamrock Drive is located north of H Street, two blocks east of Mississippi Street. The site is occupied by a two-story masonry home that was constructed in 1957 and most recently acquired by the current owners in 2014.The residence is located on the west side of Shamrock and surrounded by other single-family homes with the exception the property located on the east side of the street which is occupied by the Williams Elementary Magnet School campus. In addition, the third property to the north of the subject parcel is occupied by the Trinity United Methodist Church which fronts on the southeast corner of Evergreen and Mississippi. The applicant's letter of intent states that they have constructed a playhouse for their children, a potting shed, and a pergola. These accessory structures were built up to the side or rear property lines violating the minimum 3-foot setback requirement. These structures have not been wired for electricity or plumbed and will not be used for anything other than children's recreation or hobby gardening. The playhouse was built as a two-level structure in the northwest corner of the lot. One-half of the lower level is occupied by a covered sandbox while the other half is occupied by an enclosed play space. The entirety of upper level is occupied by an enclosed play space and cantilevered balcony. The footprint of the structure is approximately 16.5 x 7 .5 feet and approximately 15-feet in height. The potting shed measures approximately 9-feet at its wideset point and is approximately 10-feet in height and was constructed to fit on an existing concrete slab. The pergola was also constructed in an 8-foot utility easement on a preexisting masonry slab that was part of an older development. This included an inground swimming pool, deck, raised planter, and 6.5-foot-high brick privacy fence. The swimming pool has since been filled in and turf installed with the existing concrete deck is still exposed. The pergola, located on the side and rear property line is approximately 10-feet in width and 11-feet in height starting at the northwest corner of the lot and extending approximately 40-feet to the south. The applicant has also enclosed the north and west sides of the pergola by placing 6-foot wood pickets on top of the existing brick fence. This creates a fence height of 12-feet which is in violation of the maximum 8-foot height requirement for side and rear yard fences on a R-2 zoned property. The applicant made the playhouse, potting shed and pergola improvements to their property earlier this year without a building permit and were not aware of the setback or easement requirements. An anonymous complaint was made to the city and code enforcement was notified and a stop work notification was issued. The applicant took steps to rectify the violation meeting with the Planning and Development Staff. The applicant was informed of the process and the variances that would be required for these improvements to remain as constructed on the property. 2 FEBRUARY 17, 2022 ITEM NO. 3 (CONT.) Z-9660 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 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 and side yard setback. Sec. 36-516(e)(1)a states, "Between a required building setback line and a street right-of-way, the maximum height shall be four (4) feet. Other fences may be erected to a maximum height of eight (8) feet." Therefore, the applicant is requesting a variance to allow the non-conforming fence exceeding 8-feet in height to remain as constructed at a height of 12-feet. The applicant is requesting that improvements be allowed to remain as constructed. Additionally, the applicant has provided documentation from the utility companies stating that there are no objections to the requested variances. In Staff' s opinion, the proposed accessory building setbacks, 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. E.Staff Recommendation: Staff recommends approval of the requested variances as outlined in the above analysis and indicated on the attached sketch. Board of Adjustment (February 17, 2022) The applicant, Kellee Guilloux, was present representing the application. She expressed all houses in the area located on their hill are affected by water run-off and trees and that the swimming pool and playhouse will not affect drainage in the area. Both houses are located on a hill and water drains away from them. She expressed she has worked with neighbors in the past and willing to accommodate resolving issues to remove any opposition. 3 FEBRUARY 17, 2022 ITEM NO. 3 (CONT.) Z-9660 J.J. McIntyre addressed the Board in opposition to the application. He expressed concerns regarding encroachment of the playhouse roof line, water run-off and debris creating erosion and a negative effect on his property. The Board asked was Mr. McIntyre downhill from his neighbor in which he responded no, however we are on the same hill north of the subject property. There was some discussion regarding modifying the roof of the structure that Mr. McIntyre may agree to that would remove his opposition to the application. The condition agreed upon requires the applicant to modify the roof line of the playhouse directing any water run-off and debris onto their property. Mr. McIntyre agreed he would support modifying the roof and removed his opposition. The Chair asked present City Attorney could a condition(s) be placed to revise the application during the meeting. The attorney replied in the affirmative. A motion was made and seconded to approve the application with the following condition(s): 1.That the applicant revise the application to modify the roof line of the structure to redirect water run-off and debris onto their property and not onto Mr. McIntyre's property thus eliminating creating any negative effect on the property north of the subject property. The vote was 5 ayes, 0 nays and 0 absent. 4 FEBRUARY 17, 2022 ITEM NO: 4. Board of Adjustment Bylaw Referendum Following the discussion of items on the agenda there was discussion regarding the Board, Staff and City Attorney's office to continue to coordinate modifying the Bylaws of the Little Rock Board of Adjustment. Items of interest were discussed among the Board, Staff and City Attorney's Office, however no final decisions were made at this time. The group decided to continue the discussion during upcoming meetings. FEBRUARY 17, 2022 There being no further business before the Board, the meeting was adjourned at 5:01 p.m. Date: Chairman Secretary