boa_06 16 2022LITLE ROCK BOARD OF ADJUSTMENT
AGENDA PROCEDURE
JUNE 16, 2022
4:00 P.M.
I.Roll Call and Finding of a Quorum
II.Approval of the Minutes of the May 19, 2022
meeting of the Board of Adjustment
III. Presentation of Consent Agenda
IV.Presentation of Hearing Items
V.101 S. Bowman Update
LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
June 16, 2022
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being five (5) in number.
I I. Approval of the Minutes of the May 19, 2022 meeting
of the Board of Adjustment
Members Present: Frank Allison — Chairman
Richard Bertram
Jeremiah Russell
Members Absent: Austin Grinder — Vice Chair
Joe Justus
City Attorney Present: Sherri Latimer
LITTLE ROCK BOARD OF ADJUSTMENT
ABBREVIATED AGENDA
JUNE 16, 2022
4:00 P.M.
I. OLD BUSINESS:
No Old Business
II. NEW BUSINESS:
1.Z-6271-B 802 Kirk Road
2.Z-9685 3625 Lee Avenue
3.Z-9688 2104 North Spruce Street
4.Z-9690 4308 South Lookout
JUNE 16, 2022
ITEM NO. 1 Z-6271-B
File No.: Z-6271-8
Owner: Schoen Properties, LLC
Applicant: Brian Dale, Joe White and Associates, Inc
802 Kirk Road Address:
Legal Description: Lot 1 R, Kidco Addition, An Addition to the City of Little Rock,
Pulaski County, Arkansas
Zoned: 0-2
Variance Requested: A variance is requested from the area regulations of Section
36-280 to allow a building with a reduced side yard
Justification:
Present Use:
Proposed Use:
STAFF REPORT
setback.
A variance is requested from the compliance regulations of
Sec. 36-11 to allow the encroachment of a proposed
structure into a platted utility easement.
The applicant's justification is presented as per the attached
letter dated April 18, 2022.
Vacant
Office Building
A.Planning and Development Civil Engineering:
1.Property owner required to obtain approval/signoffs from all respective utility
companies that have infrastructure within the easement and be responsible
for any utility relocation/adjustment costs.
B.Landscape 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.
JUNE 16, 2022
ITEM NO. 1 {CONT.) Z-6271-B
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
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.Interior landscape areas shall comprise at least eight (8) percent of any
vehicular use area containing twelve (12) or more parking spaces. Trees shall
be included in the interior landscape areas at the rate of one (1) tree for every
twelve (12) parking spaces.
5.An irrigation system shall be required for developments of one (1) acre or
larger.
6.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.
7.The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
C.Staff Analysis:
The 0-1 zoned property located on the west side of Kirk Road north of Chenal
Parkway. The site is surrounded by other office or commercially zoned properties
that are either undeveloped or incorporate general commercial uses. The west
properties include a children's daycare, and US post office. The north property is
bordered by a parking area for QualChoice Healthcare and the south property is
occupied by Parkway Automotive Car Repair and Maintenance. Multi-family housing
is currently being developed across the arterial road to the east and the subject
property will be accessed from an existing pipestem drive connected to Kirk Road.
The applicant is proposing to develop the subject property with a new medical office
building. The site plan indicates that the proposed structure will include 5,220 square
feet with associated parking lots on the east and west sides of the building.
Properties zoned 0-1 require a minimum 25-foot building setback on all sides of the
construction. The lot averages 127-feet in width with a 30-foot plated utility easement
adjacent to the north property line. The applicant has stated that due to the existing
easement on the north and pipestem drive on the south side the narrow site will not
allow for a structure that would adequately meet the client needs. Therefore, the
applicant is requesting two variances. The first variance requested is to allow for a
reduced 25-foot building setback on the south side of the property. The second
2
JUNE 16, 2022
ITEM NO. 1 (CONT.) Z-6271-B
variance request is to allow the building to encroach into a platted utility easement
on the north side of the property.
The site plan indicates that the proposed building will cross the south side yard
setback a maximum of 7.6-feet. Additionally, the structure is shown to cross the 30-
foot utility easement 5.4-feet and be constructed to the 25-foot building setback.
Sec. 36-280 (e)(1) states 'The front, side and rear yard setbacks shall be not less
than twenty-five (25) feet." Therefore, the applicant is requesting a variance to allow
the construction of a new building with a 17.4-foot south side yard setback.
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 to construct the building 5.4-feet
into the platted utility easement.
Staff views the variance request as reasonable. The proposed reduced south side
yard setback will not be evidently out of character with the surrounding
developments. The north utility easement encroachment will only expand the
building to the 25-foot building line and would normally follow all code requirements.
Additionally, the applicant has provided documentation from the utility companies
stating that they have no objections to the requested variances.
D.Staff Recommendation:
Staff recommends approval of the requested south side yard setback reduction from
25-feet to 17.4-feet. Staff also recommends approval of the encroachment of the
proposed building into the north utility easement to allow construction of the building
to the north 25-foot building line reducing the utility easement from 30.4-feet to 25-
feet. Both variances are subject to the of above analysis, attached survey/site plan,
and subject to compliance with the Public Works and Landscape comments outlined
in paragraphs A & B of the staff report.
Board of Adjustment (JUNE 16, 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 it recommended the
variances be approved with conditions as per the staff report. The application was
approved. The vote was 5 ayes, 0 nays, O absent.
3
JUNE 16, 2022
ITEM NO. 2 Z-9685
File No.: Z-9685
Owners: Liro Management LLC
Applicant: Liraz Ben Zikri
Address: 3625 Lee Avenue
Legal Description: The North 69.8 feet of the E % of Lot A and the North 69.8 feet
of the West 24.5 feet of Lot 37, all in Block 12Midland Hills
Addition, to the City of Little Rock, Pulaski County Arkansas
Zoned: R-3
Present Use: Vacant
Proposed Use: Single-family Residence
Variance(s) Requested: A variance is requested from area regulations of Sec. 36-255
to allow a reduced front yard and rear yard setback and to
allow a lot to be developed that is less than 5,000 sq ft in area,
less than 50-feet in width, and less than 100 feet in depth in
the R-3 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 o·ne
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.
1
JUNE 16, 2022
ITEM NO. 2 (CON'T.) Z-9685
Contact the City of Little Rock Building Codes at 371-4832 for additional details.
D.Staff Analysis:
The R-3 zoned property located in the Hillcrest Overlay District at 3625 Lee Avenue
is currently undeveloped. The adjacent and surrounding properties are occupied by
single-family residences that have mostly been renovated or expanded throughout
the years in this older Midland Hills subdivision.
The subject property is the second parcel on the south side of the street, east of the
intersection of Ridgeway Drive and Lee Avenue. The site is bordered on the south,
east, and west sides by single-family developments and can only be accessed from
Lee Avenue on the north side. The survey illustrates this preexisting non-conforming
lot to be 37-feet in width and 69.8 feet in length and approximately 2,590 sq ft in
area. The site was originally developed as a single-family residence but the small
frame house that occupied the property was razed, and the lot has remained
undeveloped since 2018.
The applicant is proposing to construct a new single-family home on this small lot
that is indicated to be 29.6-feet in width and 32-feet in length. The provided sketch
specifies that the new structure will be located 3.7-feet from both the east and west
(side yard) property lines which is in the allowable limits. In addition, an existing drive
on the northeast edge of the property will be utilized as access to a new drive / off
street parking area located in front of the home.
To balance and maximize the useable yard space it is being requested that the front
and rear of the new home be allowed to encroach on the adjacent setbacks. The
provided sketch designates the front fa9ade of the home to be built 15-feet from the
property line. The rear fa9ade is shown to be located 22-feet from the property line
indicating that the proposed structure will encroach into the rear yard setback 9-feet,
8-inches.
Section 36-255(d)(1) Front yard, states, "There shall be a front yard setback having
a depth of not less than twenty-five (25) feet." Section 36-255(d)(3) Rear yard,
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 10-feet reducing
the front yard setback to 15-feet and extending the back of the structure into the rear
yard setback 3-feet, reducing the rear yard setback to 22-feet.
Staff is supportive of the requested variance associated with the proposed
residential structure. The development of this small lot will have little or no additional
visual impact from that of the previous home that occupied the property. Staff views
the front and rear yard setback variances of this existing small space as minor
compared with the buildable capacity available to the property owner. Additionally,
the adjacent property to the east is smaller than the subject property at 2,339 sq ft.
and occupied by a single-family home located approximately 6-feet from the front
property line. In Staff's opinion, the proposed setback reductions and area
2
JUNE 16, 2022
ITEM NO.: 2 (CONT.) Z-9685
requirements will have no negative effect upon the health, safety, or welfare of the
public, and will not detract from the value or ae sthetic of the neighborhood or
surrounding properties.
E.Staff Recommendation:
Staff recommends approval of the requested front yard setback reduction from 25
feet to a minimum to 15-feet, and approval of the requested rear yard setback
reduction from 25-feet to a minimum to 22-feet as per the staff analysis and
attached sketch/ site plan, subject to the following.
1.A building permit being obtained for all construction.
2.Compliance with the Building Codes requirements as noted in paragraph C.
of the staff report.
Board of Adjustment (JUNE 16, 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 it recommended the
variances be approved with conditions as per the staff report. The application was
approved. The vote was 5 ayes, 0 nays, 0 absent.
3
JUNE 16, 2022
ITEM NO. 3 Z-9688
File No.: Z-9688
Owners: Allison J. Cornwell
Applicant: Joe White, Joe White and Associates Inc.
Address: 2104 N Spruce
Legal Description: Lot 2, Block 6, Country Club Heights 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 front yard setback in the R-2 district.
Justification: The applicant's justification is presented as per the attached
letter dated April 04, 2022.
STAFF REPORT
A.Planning and Development Civil Engineering Comments:
No Comments.
B.Buffering and Landscape Comments:
In October 2020 the City adopted the "Heights Landscape Design Overlay District,"
requiring installation of one tree per 40 linear feet of street frontage within the
Heights District Boundary, applicable to [among other types] residential
construction in excess of 600 square feet.
C.Building Codes Comments:
No Comments.
D.Staff Analysis:
The property at 2104 N. Spruce 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.
The subject property is located on the west side of N Spruce and north of Stonewall
Rd. Built in 1950 the existing single-story masonry home occupying the property has
undergone limited improvements that are often typical of this neighborhood. The
immediate neighboring properties are also populated with single family homes. The
1
JUNE 16, 2022
ITEM NO. 3 (CONT.) Z-9688
rear yard of the property is accessed from the alley connecting to Stonewall Rd and
Country Club Blvd. The front of the home faces N Spruce St with a drive and off
street parking leading to a single car garage on the south side of the home.
The applicant is proposing renovate the existing front porch and deck at the rear of
the home. The deck will follow the current code requirements and require no further
review however, the porch addition will encroach on the front building setback.
The existing house has been built to the 25-foot building line and the site slopes to
the south. The existing porch and associated steps leading to the drive will be
replaced with a new landing and planter approximately 3.5-feet above the drive and
10-inches above the finished grade of the front yard. The new porch will extend from
the north edge of the front elevation to approximately 2-feet beyond the center of the
fa9ade. A new 5-foot-wide sidewalk will be centered on the porch and connect the
home with the street right-of-way. The construction will include a new overhead
canopy connected to the existing roof of the home that will act as a weather barrier
and protection for the front entry. The new porch is indicated to be 6-feet in width
and 17.5-feet in length and will be open on three sides. Most of the new porch and
overhead canopy is proposed to be located across the front building line.
Section 36-254(d)(1) states, "There shall be a front yard setback having a depth of
not less than twenty-five (25) feet." Therefore, the applicant requests a variance to
allow a reduction of the required front yard setback to 19-feet.
The survey and sketches provided by the applicant indicate that the addition to the
primary structure will cross the platted 25-foot front yard setback line 6-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. 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 platted front building line reduction
from 25-feet to a minimum of 19-feet as per the staff analysis and attached sketch /
site plan, subject to the following.
1.The porch remain unenclosed.
2.A building permit being obtained for all construction.
3.Install trees, if deemed applicable at the time of building permitting, in
accordance with Heights Landscape Design Overlay District requirements.
2
JUNE 16, 2022
ITEM NO. 3 (CONT.) Z-9688
Board of Adjustment (JUNE 16, 2022)
The applicant was not present. There were no objectors present via WebEx or in person.
Staff presented the applicati on to the Commissi on and stated it recommended the
variances be approved with conditions as per the st aff report. The application was
approved. The vote was 5 ayes, 0 nays, 0 absent.
3
JUNE 16, 2022
ITEM NO.4 Z-9690
File No.: Z-9690
Owner/Applicant: Larry and Phyllis Norris
Address: 4308 South Lookout
Description: Lot 12, Block 13, Amended Plat Hillcrest Addition to the City of
Little Rock, Pulaski County, Arkansas
Zoned: R-2
Variances Requested: A request from the area provisions of Sec. 36-255(d)(3) to
allow a reduced rear yard setback in an R-2 District.
Justification: The applicant's justification is presented as per the attached
letter date April 12, 2022.
Present Use: Single -Family Residential
Proposed Use: Single -Family Residential
STAFF REPORT
A. Planning and Development Civil Engineering:
No comment.
B. Buffering and Landscape:
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 (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.
JUNE 16, 2022
ITEM NO. 4 (CONT.) Z-9690
Contact the City of Little Rock Building Codes at (501 )371-4832 for additional details.
D.Staff Analysis:
The property at 4308 South Lookout lies in a predominantly R-2 zoned
neighborhood, within the Hillcrest Design Overlay District. This district generally has
no bearing on the subject variance requests.
The subject property is located on the north side of South Lookout. Built in 1930 the
existing 2-story single-family masonry home occupying the property has undergone
minimal exterior improvements or additions that are often typical of this
neighborhood. The immediate neighboring properties and also populated with
similar single-family residences developed in the general styles of the time period of
early 20th century.
The lot is indicated to be approximately 50-feet in width and 142-feet in depth. The
house faces south towards South Lookout and off-street parking and a detached
two-car garage is located at the rear of the home. Access to garage is provided by
an alley that connects Walnut Street to the east and North Ash Street to the west.
The applicant has stated that they are proposing to add a master suite at the rear of
the home on the lower level. The addition will be located a minimum of 6-feet from
the existing garage and built to the 5-foot side yard setback on the west, both of
which are within the code allowance. Additionally, the proposed expansion will not
exceed the 40% rear yard coverage which is allowed in the Hillcrest Neighborhood.
However, the sketch provided indicates that the addition will extend the primary
residence across the 25-foot rear setback line a maximum of 13-feet exceeding the
minimum requirements.
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 12-feet.
Staff is supportive of the variance and finds the request to generally be in
conformance with the development pattern in the Hillcrest neighborhood. Staff views
the proposed rear yard setback to not be out of character with other homes in the
area that have been granted similar requests. In staffs opinion, the addition which
will extend the primary residence into the rear yard setback will have no adverse
impact on the adjacent properties or the general 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 25-
feet to a minimum of 12-feet, as per the above staff analysis and attached sketch/
site plan, subject to the following.
Compliance with the Building Codes requirements as noted in paragraph C. of
the staff report.
2
JUNE 16, 2022
ITEM NO. 4 (CON'T.) Z-9690
Board of Adjustment (JUNE 16, 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
variances be approved with conditions as per the staff report. The application was
approved. The vote was 5 ayes, 0 nays, 0 absent.
3
BOARD OF ADJUSTMENT - VOTE RECORD
DATE: June 16, 2022 Time: 4:OOPM
Time In / Time Out
In
Out
ALLISON, FRANK
✓
BERTRAM, JAMES
✓
GRINDER, AUSTIN
✓
JUSTUS,JOE
✓
RUSSELL, JEREMIAH
✓
Min
Cnst
Agenda Regular Agenda
ITEM & VOTE Item Number:
1,2,3,4
ALLISON, FRANK
✓
✓
BERTRAM, JAMES
✓
✓
GRINDER, AUSTIN
✓
✓
JUSTUS JOE
✓
✓
RUSSELL, JEREMIAH
✓
✓
%AYE XAYE -AABSENT R► RECUSE Meeting Adjourned 4:10 PM
JUNE 16, 2022
There being no further business before the Board, the meeting was adjourned at 4:10 p.m.
Date:
Chairman Secretary