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boa_05 19 2022LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES May 19, 2022 4:00 P.M. I.Roll Call and Finding of a Quorum A Quorum was present being three (3) in number. II.Approval of the Minutes of the April 21, 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 AGENDA PROCEDURE MAY 19, 2022 4:00 P.M. I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the April 21, 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 ABBREVIATED AGENDA MAY 19, 2022 4:00 P.M. I. OLD BUSINESS: No Old Business II. NEW BUSINESS: 1. Z-4948-B 5525 N. Grandview Street 2. Z-4969-E 12000 Springtree Drive 3. Z-8968-A 2101 North Spruce Street 4. Z-9677 7 Churchill Drive 5. Z-9678 16400 Chenal Parkway 6. Z-9686 2120 North Spruce Street 7. Z-9687 2433 North Grant Street III. UPDATE: 1. 101 S. Bowman MAY 19, 2022 ITEM NO. 1 Z-4948-B File No.: Z-4948-B Owners: George and Cynthia Bequette Applicant: Cindy Bequette Address: 5525 N. Grandview Street Legal Description: Lot 59R, Grandview 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 building line provisions of Sec. 31-12 to allow a building addition which crosses a platted front yard building line. A variance is requested from the area provisions of Section 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 April 19, 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 property constructed fire walls which provide the requisite one (1) hour fire resistance rating. When buildings are five (5) feet or more from the 1 MAY 19, 2022 ITEM NO. 1 (CON'T.) Z-4948-B 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 property at 5525 N Grandview Street is located in a predominantly R-2 zoned neighborhood, within the Heights Landscape Design Overlay District. This overlay district generally has no bearing on the variance requests. The subject property is on the south side of N. Grandview Street, east of N. Taylor Street. The existing 1-story frame home was built in 1951 has undergone various improvements throughout the years typical of the neighborhood. In 2011 the applicant petitioned the Board of Adjustment to allow a carport/ porch addition with reduced side yard setback which crosses a front platted building line. Staff recommended approval of the requested setback and building line variances, the item was placed on the Consent Agenda and approved unanimously. The previous construction located the carport 25 feet back from the front (north) property line, with the porch portion being 30.5 feet to 32 feet from the front property line. This construction also reduced the (east) side yard addition to 3.5 feet. The conditions placed on this previous variance request required the completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. The applicant is now proposing to enclose the previously approved carport to convert into a garage. The sketch provided indicates that garage will expand 4.63 feet beyond the existing front of the carport crossing the 25-foot platted building line reducing the setback to 20.37 feet. The east side of the carport will expand an additional 2.5 feet into the side yard reducing the side yard setback to 1.4 feet. 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 25-feet, the applicant is requesting that the garage addition be allowed to cross the 25-foot portion of the building line a maximum of 4.63-feet. 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 2 MAY 19, 2022 ITEM NO. 1 (CAN'T.) Z-4948-B permit the previously allowed encroachment into the east side -yard setback an additional 2.5 feet reducing the side yard setback to 1.4 feet. Staff is supportive of the variances and views the requests as reasonable. The proposed front setback is not out of character with the neighborhood. Other homes along the south side of N. Grandview Street to the east have similar front building setbacks. The residence immediately to the west is located closer than 25 feet to the N. Grandview Street property line. Additionally, the slight curvature to N. Grandview Street at this location will aid in the residence aligning with the other homes to the east. Staff believes the garage addition will have no adverse impact on the adjacent properties or the general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the addition. The applicant should review the filing procedure with the Circuit Clerk' s office to determine if the replat requires a revised Bill of Assurance. E. Staff Recommendation: Staff recommends approval of the requested front yard building line reduction from 25-feet to a minimum of 20.37 feet to accommodate the garage expansion. Staff recommends approval of the requested side yard setback to a minimum of 1.4- feet. The Staff recommendations are subject to the above analysis, 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. Compliance with the Building Codes requirements as noted in paragraph C. of the Staff report. 4. Install trees, if deemed applicable at the time of building permitting, in accordance with the Heights Landscape Design Overlay District requirements. Board of Adjustment (May 19, 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 variances be approved with conditions as per the staff report. The application was approved. The vote was 3 ayes, 0 nays, 2 absent. 3 MAY 19, 2022 ITEM NO. 2 Z-4969-E File No.: Z-4969-E Owners: MLR Properties LLC Applicant: Jaimie Linnette Zamarron Address: 12000 Springtree Dr. Legal Description: Lot 98, Block 3, Springtree Village Addition, Phase 4 Addition 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: Variances are requested from the height and area provisions of Section 36-516 to allow an increased fence height from four (4) feet to six (6) feet between a required building setback line and a street right-of-way. 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 PD-R zoned property located in southwest Little Rock is east of Chicot Rd and south of Yarberry Lane in the Springtree Village subdivision. The subject property resides on the southwest corner of Springtree and Sandbridge Drives and is occupied by a single-family masonry home that was built in 2020. The surrounding properties are either undeveloped or also occupied by single-family homes constructed in the same period. The front of the home faces east towards Springtree 1 MAY 19, 2022 ITEM NO.2 (CON'T.) Z-4969-E Dr. with off-street parking and a two -car garage accessed from this same street on the south side,of the home. The house is built to a plated 25-foot building line on the north side of the property. Additionally, a 20-foot utility easement is shown between this north building line and the property line adjacent to the Sandbridge Dr. right-of-way. The applicant is proposing to construct a privacy fence, 6-foot in height on the north and west sides of the property stating it is their desire to create a secure and private area adjacent to the side street right-of-way. The sketch provided indicates that the fence will run approximately 75-feet along the north (side yard) property line before turning south at the east end and terminating at the side of the house. Section 36-516 (e)(1)(a) of the City's Zoning Ordinance states that the residential fence standards; "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." The applicant requests a variance to allow the extension of the fence height to six (6) feet on the north property line. Staff finds the request to generally be in conformance with the development pattern in the area and notes that other residential side and rear yards allow the construction of fences to a height of eight (8) feet. It is also noted that existence of side yard fences exceeding four (4) feet in height adjacent to street rights -of -way are not uncommon within the Little Rock City limits. E. Staff Recommendation: Staff recommends approval of the requested fence height variance to allow a privacy fence to be constructed to a height of 6-feet between the required building setback and the street right-of-way as per the staff analysis and attached survey / site plan. Board of Adjustment (May 19, 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 variances be approved with conditions as per the staff report. The application was approved. The vote was 3 ayes, 0 nays, 2 absent. 2 MAY 19, 2022 ITEM NO. 3 Z-8968-A File No.: Z-8968-A Owners: Janet Ludwig Applicant: Janet Ludwig Address: 2101 N. Spruce Street Legal Description: Lot 13, Block 5, Country Club Heights Addition Zoned- R-2 (Single -Family District) Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: Request from the area provisions of Section 36-156 to permit more than 30% coverage of the rear yard for an accessory building. Justification: The applicant's justification is presented as per the attached letter dated March 14, 2022. STAFF REPORT A. Planning and Development Civil Engineering: No Comments. B. Landscape and Buffers: 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 (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 MAY 19, 2022 ITEM NO. 3 (CON'T.) Z-8968-A 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 2101 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 property is occupied by a two-story brick and frame single-family residence on the northeast corner of N. Spruce Street and Stonewall Road with a paved alley along the rear (east) property line. In 2014 the same applicant petitioned the Board of Adjustment to remove an existing carport structure and construct a new two -car garage, with vehicular access from Stonewall Road. The variances associated with this proposal included area provisions of Section 36-156 and 36-254 to allow an accessory structure with reduced separation from the primary structure, reduced street side yard setback, increased rear yard coverage, and a porch addition with reduced side yard setback. The item was placed on the Consent Agenda for approval as recommended by staff and accepted with a vote of 4 ayes, 0 nays and 1 absent. The new garage was constructed as presented and covers approximately 52 percent of the rear yard area. The applicant is now requesting to increase the previously approved rear yard coverage allowance to include a small in -ground swimming pool and associated pool deck. The sketch provided by the applicant indicates the pool will be 12' x 8' and located north of the garage and adjacent to the alley on the northeast corner of the property. The elevation sketch indicates that the new deck will be approximately 2.5 feet above the finished grade of the existing patio to the west and less than 1-foot below the adjacent alley to the east. The rear yard consists of approximately 1,240 sf of space. The existing garage and the proposed pool and deck will occupy approximately 1,065 sf of this area bringing the total coverage of the rear yard to 86%. The proposed development will meet all other setback and code requirements. Sec. 36-156(a)(2)c states, "Accessory buildings or structures in the R-1 through R- SA districts... may not occupy more than thirty (30) percent of the required rear yard area... Swimming pools and all appurtenant structures both above ground and below grade of adjacent yard area shall be construed to be accessory structures and conform to the standards of this section..." 2 MAY 19, 2022 ITEM NO. 3 (CON'T.) Z-8968-A Staff views the rear yard coverage of this existing small space as minor compared with the buildable capacity available to the property owner. Additionally, Staff is supportive of the requested variance associated with the proposed pool and deck construction. The improvements will not be out of character with many other lots in this general area. There are numerous accessory structures in this neighborhood which exceed the maximum rear yard coverage and have reduced rear and/or side yard setbacks. The development will be constructed within the allowable setbacks and directed toward the northeast property line away from the street and adjacent to the alley at the rear of the property. The additional backyard coverage cannot be viewed from neighboring properties and presents no foreseeable adverse effects to the neighboring residences. E. Staff Recommendation: Staff recommends approval of the requested coverage variance per the above staff analysis and attached site plan, and required to meet the following conditions: 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. 3. Install trees, if deemed applicable at the time of building permitting, in accordance with the Heights Landscape Design Overlay District requirements. Board of Adjustment (May 19, 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 variances be approved with conditions as per the staff report. The application was approved. The vote was 3 ayes, 0 nays, 2 absent. 3 MAY 19, 2022 ITEM NO. 4 Z-9677 File No.: Z-9677 Owners: Robert / Elsie Williams Applicant: Marcovous Williams Address: 7 Churchill Dr Legal Description: Lot 6, Block 3, Oxford Valley Subdivision an Addition to the City of Littler Rock, Pulaski County Arkansas Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: Variances are requested from the height and area provisions of Section 36-516 to allow an increased fence height from four (4) feet to six (6) feet between a required building setback line and a street right-of-way. Justification: The applicant's justification is presented as per the attached letter dated March 03, 2022. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Bufferina and Landscape Comments: No Comments C. Buildinq Codes Comments No Comments D. Staff Analysis: This southwest Little Rock R-2 zoned property is located west of Chicot and north of Claybrook Roads in the Oxford Valley subdivision. The subject parcel resides on the southeast corner of Churchill and Courtfield Drives. The property is occupied by a single-family masonry home that was built in 2006. The surrounding properties are either undeveloped or also occupied by single-family homes constructed in the same period. The front of the home faces "lest towards Churchill Dr with a drive and garage accessed on the north side of the home from this same street. 1 MAY 19, 2022 ITEM NO. 4 (CON'T.) Z-9677 The applicant has stated that they are disabled and require a full-time caretaker. It was also conveyed that their house has been broken into in the past and that a fence was desired that would provide privacy and security. The applicant constructed a privacy fence 6-foot in height on the back and north sides of their property. There is an 8-foot easement at the rear of the parcel with the fence constructed on the inside line of this easement. The fence turns towards the west and runs approximately 100-feet before turning back to the south and terminating at the northwest corner of the house adjacent to the garage. Upon completion the applicant was cited by Little Rock Code Enforcement for a non- conforming fence. Current code requires fences constructed between the building setback and the street right-of-way not to exceeded 4-feet in height. The property owner had stated that they were unaware of the requirement before building the barrier, After reviewing the citation with Little Rock Zoning, the applicant determined that seeking a variance from the height requirement would be the best coarse action to rectify their situation. After the required variance documents were submitted it was also discovered that in addition to the fence exceeding the height requirements it was also built in the Courtfield Dr right-of-way. At the east end of the lot the fence crosses the property line approximately 10-feet into the right -of-way. At the west end the fence encroaches into the right-of-way approximately 6-feet before returning to the property and terminating at the side of the home. Section 36-516 (e)(1)(a) of the City's Zoning Ordinance states that the residential fence standards; "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." The applicant requests a variance to allow the extension of the fence height to six (6) feet on the north property line and for the fence to remain as constructed. Staff finds the request to generally be in conformance with the development pattern in the area and notes that other residential side and rear yards allow the construction of fences to a height of eight (8) feet. It is also noted that existence of side yard fences adjacent to street rights -of -way are not uncommon within the Little Rock City limits. E. Staff Recommendation: Staff recommends approval of the requested fence height variance to allow a privacy fence to be constructed to a height of 6-feet between the required building setback and the street right-of-way and to allow the fence to remain as constructed with the following conditions. 1. A franchise agreement must be obtained from Little Rock Public Works to retain or place the fence in the public right-of-way. 2. Any future repair, reconstruction, or replacement of the existing fence located in the Courtfield Drive right-of-way shall be relocated on or within the north property line. 2 MAY 19, 2022 ITEM NO. 4 (CON'T.) Z-9677 Board of Adjustment (May 19, 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 variances be approved with conditions as per the staff report. The application was approved. The vote was 3 ayes, 0 nays, 2 absent. 3 MAY 21, 2022 ITEM NO.: 5 Z-9678 File No.: Z-9678 Owners: Riverside Properties LLC Applicant: Lara A. Rand / Arkansas Sign & Neon Address: 16400 Chenal Parkway Legal Description: LOTS 2 & 3, RIVERSIDE PROPERTIES ADDITION, CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS Zoned: C-3 Present Use: Under construction Proposed Use: Bank / Office Variance(s) Requested: Variances are requested from the sign provisions of Section 36- 557 to allow wall signs without street frontage. Justification: The applicant's justification is presented as per the attached letter dated February 10, 2022. 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 C-3 zoned property at 16400 Chenal Parkway was formerly undeveloped and will be occupied by a one-story commercial bank building which is under construction. This subject parcel is located on the north side of Chenal Parkway, the second lot east of Kirk Road. The neighboring property located on the northeast corner of Kirk Rd and Chenal Parkway is occupied by a Simmons Bank branch. The adjacent parcels to the north and east property lines are undeveloped and share an access drive to the west. This access drive leads north and exits onto Spock Road. Spock is connected to Kirk at the west and circles the surrounding undeveloped properties to the east before returning to Chenal Parkway to the south. 1 MAY 19, 2022 ITEM NO. 5 (CON'T.) Z-9678 Chase bank is currently constructing a new branch office on the subject property. The parking will be located on the north and west sides of the building with an access drive on the east and west sides of the structure. The front of the building will face south and will include a landscape area between the structure and the Chenal Parkway right-of-way. The proposed occupant is requesting to install wall signs on the north, east, and west. elevations which are not adjacent to street frontage. The applicant has stated that these signs will be necessary to indicate the building entrance to the north, increase visibility to motorist traveling west, and indicate the access drive to vehicles enroute on the east of Chenal Parkway. The submitted elevations indicate the proposed signs on each side of the building will be identical specifying the name of the rank and logo. Each of these graphics will be approximately fourteen (14) feet in length and twenty-seven (27) inches in height (32 square feet). Section 36-557(a) of the Municipal Code states, "All on -premises wall signs must face required street frontage except in complexes where a sign without street frontage would be the only means of identification for a tenant." Therefore, a request is being made to place signage on the sides of the building that will be most visible to vehicular traffic The proposed wall signs conform with guidelines for building mounted signs in all respects, with exception of the north, east, and west orientations adjacent to the surrounding private properties rather than public streets. Except for the south side of the building adjacent to Chenal Parkway, vehicular traffic approaches the building from either the north, east or west with Chenal Parkway only participating as an access to the shared entrance drives and onsite parking. The applicant stated the existing circulation routes to the site imply the need for proposed wall signs which will be visible to this approaching traffic. Based on the above assessment and analysis, staff finds the requested variances to conform to established sign patterns throughout the surrounding area. E. Staff Recommendation: Staff recommends approval of the requested wall mounted sign variances as per the above staff analysis and as specified in the submitted plans and elevations. Board of Adjustment (May 19, 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 variances be approved with conditions as per the staff report. The application was approved. The vote was 3 ayes, 0 nays, 2 absent. 2 MAY 19, 2022 ITEM NO. 6 Z-9686 File No.: Z-9686 Owners: Marilynn and Robert Porter Applicant: Marilynn Porter Address: 2120 N. Spruce Street Legal Description: Lot 6, Block 6, Country Club Heights 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 provisions of Section 36-156 to permit more than 30% coverage of the rear yard for an accessory building. Justification: The applicant's justification is presented as per the attached letter. STAFF REPORT A. Planning and Development Civil Engineering: No Comments. B. Landscape and Buffers: 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 (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 MAY 21, 2022 ITEM NO.: 6 (CON'T.) Z-9686 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 2120 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 south of Country Club Blvd. Built in 1927 the existing 2-story masonry home occupying the property has undergone various improvements or additions that are often typical of this neighborhood. The immediate neighboring properties are also populated with single family homes. The rear yard of the property is accessed from the alley connecting to Country Club Blvd and the front of the home faces N Spruce St. A drive and off- street parking are accessed off Spruce St on the south side of the home. The rear yard is occupied by an existing garage and in -ground swimming pool. The applicant has stated that the garage is in disrepair and is inaccessible to their vehicles from the alley. The applicant is proposing to raze the existing structure and erect a new cottage / pool house with covered patio. The cottage is to be utilized for pool equipment and outdoor use. The new structure will be smaller than the existing garage and provide for a more usable outdoor area and create a wheelchair accessible space which is required by the homeowner. The rear yard consists of approximately 1,260 sf of space. The proposed cottage / pool house associated overhead canopy, and the existing pool will occupy approximately 485 sf of this. area. The new paving associated with the cottage will meet the existing at grade pool deck without any elevation change and won't add to the overall coverage. However, the pool house and swimming pool will bring the total coverage of the rear yard to 38%. The proposed development will meet all other setback and zoning requirements. Sec. 36-156(a)(2)c. states, "Accessory buildings or structures in the R-1 through R- 4A districts... may not occupy more than thirty (30) percent of the required rear yard area... Swimming pools and all appurtenant structures both above ground and below grade of adjacent yard area shall be construed to be accessory structures and conform to the standards of this section..." Therefore, the applicant is requesting a variance to allow the proposed accessory structure to exceed the rear yard coverage requirements to a maximum 38%. 2 MAY 19, 2022 ITEM NO. 6 (CON'T.) Z-9686 Staff is supportive of the requested variance associated with the proposed renovations. The proposed improvement is directed away from the street and adjacent to the alley at the rear of the property. The development will have little or no additional visual impact from the existing conditions. Additionally, there are several other structures in the Heights Overlay District, which have developed in a similar fashion. Staff views the rear yard coverage of this existing small space as minor compared with the buildable capacity available to the property owner. The existing in -ground pool and proposed cottage will have less of an impact on the surrounding properties than the exiting garage. In addition, the proposed development is within the allowable setback requirements. Other than the smaller cottage structure the backyard coverage cannot be viewed from neighboring properties and presents no foreseeable adverse effects to the neighboring residences. E. Staff Recommendation: Staff recommends approval of the requested rear yard coverage variance to a maximum of 38% 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. 3. Install trees, if deemed applicable at the time of building permitting, in accordance with Heights Landscape Design Overlay District requirements. Board of Adjustment (May 19, 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 variances be approved with conditions as per the staff report. The application was approved. The vote was 3 ayes, 0 nays, 2 absent. 3 MAY 19, 2022 ITEM NO. 7 Z-9687 File No.: Z-9687 Owners: Scott C. & Margaret E. Smart Applicant: Fennell Purifoy Architects: Tom Fennell Address: 2423 N Grant Legal Description: Lot 1, Block 30, 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 date March 21, 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 (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 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 MAY 19, 2022 ITEM NO.: 7 (CON'T) Z-9687 Contact the City of Little Rock Building Codes at (501)371-4832 for additional details. D. Staff Analysis: The property at 2423 N Grant 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 southeast corner of N Grant and W Streets. Built in 1947 the existing 1-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 west towards N Grant and vehicular access is located at the rear of the home. A drive located at the northeast section of the lot provides two off street parking spaces adjacent to the W Street public right-of-way. The applicant is proposing a complete renovation of the home including a second story and two car garage at the rear of the property. While all other improvements will be contained within the setbacks and meet the other zoning requirements the garage will encroach into the rear yard setback. The sketch provided indicates that the garage will be connected to the existing home by a new mudroom. This connection will extend the primary structure across the building line 13.1 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 is requesting a variance to allow the extension of the primary structure into the rear yard setback reducing the setback to no less than 11.9-feet. Staff is supportive of the variance and finds the request to generally be in conformance with the development pattern in the Heights neighborhood and nearby area. 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 garage 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 twenty-five (25) feet to a minimum of 11.9-feet, as per the staff analysis and attached sketch 1 site plan, subject to the following conditions: 1. No accessory structures will be located on or added to the property. 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 MAY 19, 2022 ITEM NO. 7 Z-9687 Board of Adjustment (May 19, 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 variances be approved with conditions as per the staff report. The application was approved. The vote was 3 ayes, 0 nays, 2 absent. 3 BOARD OF ADJUSTMENT - VOTE RECORD DATE: May 19, 2022 Time: 4:OOPM Time In / Time Out In Out ALLISON, FRANK ✓ BERTRAM, JAMES ✓ GRINDER, AUSTIN A JUSTUS,JOE A RUSSELL, JEREMIAH ✓ Min Cnst Agenda Regular Agenda ITEM & VOTE Item Number: ALLISON, FRANK ✓ ✓ BERTRAM, JAMES ✓ ✓ GRINDER, AUSTIN A A JUSTUS,JOE A A RUSSELL, JEREMIAH ✓ ✓ %AYE XAYE A_ABSENT R RECUSE Meeting Adjourned 4:17 PM MAY 19, 2022 There being no further business before the Board, the meeting was adjourned at 4:17 p.m. Date: Chairman Secretary