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boa_04 21 2022LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE APRIL 21, 2022 4:00 P.M. I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the March 17, 2022 meeting of the Board of Adjustment III. Presentation of Consent Agenda IV. Presentation of Hearing Items LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES APRIL 21, 2022 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being four (5) in number. II. Approval of the Minutes of the March 17, 2022 meeting of the Board of Adjustment Members Present: Frank Allison - Chairman Richard Bertram Austin Grinder - Vice Chair Joe Justus Jeremiah Russell Members Absent: None City Attorney Present: Sherri Latimer LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA APRIL 21, 2022 4:00 P.M. I. OLD BUSINESS: No Old Business II. NEW BUSINESS: 1. Z-9668 1 Witry Court 2. Z-9675 14 Otter Creek Court 3. Z-9676 6 Greathouse Bend Road APRIL 21, 2022 ITEM NO. 1 Z-9668 File No.: Z-9668 Owners: Adam & Courtney Head Applicant: Adam & Courtney Head Address: 1 Witry Court Legal Description: Lot 9, Block 100, Chenal Valley Addition to the City of Little Rock, Pulaski County Arkansas Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from the area provisions of Section 36-156 to permit more than 30% coverage of the rear yard for an accessory building and to permit an accessory structure to be closer than fifteen (15) feet from a street sideline. 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. Buffering and Landscape Comments: No Comments. C. Buildinq 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 APRIL 21, 2022 ITEM NO. 1 Z-9668 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: This single-family residence is located within the Chenal Valley, Witry Ct Subdivision east of Rahling Road and north of Champagnalloe Dr. The existing home occupies the first lot at the southwest end of the gated cul-de-sac of Witry Ct. The two-story masonry and frame home was constructed in 2000 and most recently acquired by the current owners in 2016. The house faces north and includes a drive adjacent to the east property line leading to an attached garage at the rear of the home. The property is adjacent to other single-family homes that have been constructed in the same style and within the same time frame as the subject property. The south perimeter is adjacent to an OS (Open Space) zoned property while the west perimeter is adjacent to the Champagnaolle Dr right-of-way. Both the open space and the west perimeter right-of-way are vegetated mature trees. The applicant is proposing to install an inground swimming pool and covered patio. The survey and sketch provided indicate that the entirety of the patio will be located in the rear yard setback. The patio is shown to be located 10-feet from the east property line and 3-feet from the south property line which is within the allowable limits for accessory structures. In addition, the pool is also shown to be located within this same set back. Portions of the pool and associated spa also cross the side yard setback 3-feet and are shown to be installed 5-feet from the east property line. 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 1970 square feet. The patio will occupy approximately 600 square feet and the pool will occupy 396 square feet of the rear yard exceeding the maximum coverage requirements by 20%. In addition, a portion of the pool and spa are shown to be located 5-feet from the side (west) property line. Current code requires accessory structures be located no closer to the street sideline than the 15-feet. Sec. 36-156(a)(2)(c) states, "Accessory buildings or structures in the R-1 through R-4A districts shall not be located closer than sixty (60) feet to the front property line, fifteen (15) feet from a street 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 proposed swimming pool and covered patio to exceed the coverage requirements to a maximum of 50%. The applicant is also requesting that a portion of the pool/spa be located 5-feet from the property line. 2 APR IL 21, 2022 ITFM NO. 1 Z-9668 Staff finds the request to generally be in conformance with the development pattern in the Chenal Valley 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 coverage to a maximum of 50%. Staff recommends approval of the requested west side yard setback from 15-feet to 5-feet to accommodate the proposed pool/spa. 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. Board of Adjustment (APRIL 21, 2022) 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 coverage, side yard setback reduction variances be approved with conditions as per the staff report. The application was approved. The vote was 5 ayes, 0 nays, 0 absent. 3 APRIL 21, 2022 ITEM NO. 2 Z-9675 File No.: Z-9675 Owner: Icon Property Management LLC Applicant: Cody Sims, McClelland Consulting Engineers, Inc. Address: 14 Otter Creek Court Legal Description: Lot 4, Otter Creek Business Park, Otter Creek Community, Little Rock, Arkansas Zoned: C-1 Variance Requested: A variance is requested from the area regulations of Section 36-299 to allow a building with a reduced front yard setback. A variance is requested from the building line provisions of Sec. 31-12 to allow a building construction to cross a platted front yard building line. Justification: The applicant's justification is presented as per the attached letter dated February 15, 2022. Present Use: Vacant Proposed Use: Office Building STAFF REPORT A. Planning and Develogment CiNtil En a in No Comments B. LandscaQe and Buffer Issues: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. 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. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 3. Screening requirements will need to be met for the vehicular use areas adjacent to street rights -of -way. Provide screening shrubs with an average 1 APRIL 21, 2022 ITEM NO.2 Z-9675 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. 4. 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. 5. 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. 6. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. D. Staff Analysis: The C-1 zoned property located on the north side of Otter Creek Court is east of the intersection of Stagecoach Rd. The site is surrounded by other C-1 zoned properties that include an Express RX pharmacy to the east an insurance agency office to the west and the Central Arkansas Library Systems, 011ie Rooker Library across the road to the south. The vacant wooded lot to the north is primarily occupied with the Callagahan Branch waterway before giving way to a single-family residential development. The applicant is proposing a to develop the subject property with a new office building and associated parking for Premiere Lighting Headquarters. The site plan indicates that the proposed structure will include 2400 square feet in area with 9 onsite parking spaces. The applicant has stated: "The subject property is severely constrained due to a Zone AE f/oodway along Cal/agahan Branch and an associated 25' f/oodway buffer. After adhering to the required 25' front yard (shown as B.S. L. on the site plan) subject to the C-1 zone, the remaining area limits the opportunity for feasible and functional building. Due to configuration and size of site, it is requested to reduce the front yard requirement from 25' to 10'. It is in the opinion of the applicant that the granting of this variance will not be detrimental to the public safety, health, or welfare or injurious to other property. The intent of this variance is to match the nature of the City's regulations while seeking 2 APRI L 21, 2022 ITEM NO. 2 Z-9675 only enough relief as necessary to support a successful long-term business given the hardships unique to this property. " Section 36-299 (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 construction of a new building with a 10.85-foot front yard setback. Section 31-12(b) of the City's Subdivision Ordinance states, "In those instances where a recorded subdivision plat has established building setback lines in accordance with this chapter variances of those lines shall only be granted by the Board of Adjustment." The platted building setback for the subject property is shown on the survey as 20-feet, the applicant is requesting that the building be allowed to cross this building line a maximum of 9.15-feet placing the southwest corner of the building 10.85-feet from the property line Staff views the variance request as reasonable. The proposed reduced front yard setback will not be evidently out of character with the surrounding developments. The building will front the street right-of-way and onsite parking will occupy a width of 60-feet east of the new structure allowing an approximate 135-foot greenspace between the parking edge and the east property line. If the Board approves the requested platted building line variance, the applicant must then produce a one -lot replat reflecting the approved change. As such, the applicant must also review filing procedures with the County Clerk's office to determine if the replat will require a revised Bill of Assurance and respond as necessary and appropriate, as part of said replat. E. Staff Recommendation: Staff recommends approval of the requested front yard setback reduction from twenty-five (25) feet to 10-feet as presented in the above analysis and shown on the attached site plan. The above Staff recommendations are subject to the submitted survey/site plan sketch and required to meet the following conditions: 1. Completion of a replat reflecting the above -described building line change. 2. A building permit being obtained for all construction. 3 APRIL 21, 2022 ITEM NO. 2 Z-9675 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 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 yes, 0 nays, 0 absent. 4 APRIL 21, 2022 ITEM NO. 3 Z-9676 File No.: Z-9676 Owners: Thomas R. Winans Applicant: Yeary Lindsey Architects Address: 6 Greathouse Bend Drive Legal Description: Lot 3, Greathouse Bend Addition to the City of Little Rock, Pulaski County Arkansas Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from the area regulations of Sec. 36-254 to allow a reduced side yard setback in the R-2 district. Justification: The applicant's justification is presented as per the attached letter dated February 15, 2022. 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. 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. APRIL 21, 2022 ITEM NO. Z-9676 Contact the City of Little Rock Building Codes at 371-4832 for additional details. D. Staff Analysis: The R-2 zoned property is located south of Rebsamen Park Rd and southeast of the intersection of Overlook Drive and Greathouse Bend Drive. Greathouse Bend Drive runs (east/west) parallel with Rebsamen and is characterized by minor streets/drives of the same name leading to buildable lots. The subject property is located on one of these secondary streets at the west end of this arterial and shares the street/drive with three other homes. The terrain steeply slopes to the northeast with the existing homes located on the east side of the street The subject property is occupied by a one-story single-family frame home that was built in 1996. The applicant is proposing to extend the south end of the home to enlarge an existing master suite. It has been has stated that due to the homeowners limited mobility the addition will allow for increased accessibility of the existing space to accommodate the physical limitations of the resident. The survey indicates an 8-foot side yard setback. As constructed the house is located 4-feet, 9-inches from this setback. The sketch provided by the applicant shows the house addition will be 30-feet, 10-inches in length, just short of the 31-feet 7-inches of the existing structure. The width of the addition will be 7-feet, 6-inches, encroaching on the side yard 2-feet, 9-inches. When completed the new south wall of the home will be located 5-feet 3-inches from the property line. Section 36-254(d)(2) states "Side yard. There shall be a side yard set -back on each side of the building having a width of not less than ten (10) percent of the average width of the lot, not to exceed eight (8) feet." The applicant requests a variance to allow an encroachment into the south side -yard setback 2-feet, 9-inches. 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. 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 side yard setback to 5-feet 3-inches and as per the above analysis submitted survey/ sketch. 2 APRIL 21, 2022 ITEM NO. 3 Z-9676 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 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 APRIL 21, 2022 ITEM NO. 4 By-law Referendum Revisions Staff and City Attorney Latimer presented the revised By -Laws to the Commission and stated they recommended the revisions as drafted. The board openly discussed if any found issues were to be discussed, or additional time needed by the Board to review the revisions, or if there was a motion to table or approve the revisions. There was a motion to approve the revisions drafted as presented. The revision draft was approved. The vote was 5 ayes, 0 nays, 0 absent. APRIL 21, 2022 There being no further business before the Board, the meeting was adjourned at 4:11 p.m. Date: Chairman Secretary