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boa_08 18 2022LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE AUGUST 18, 2022 4:00 P.M. I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the July 21, 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 AUGUST 18, 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 July 21, 2022 meeting of the Board of Adjustment Members Present: Frank Allison — Chairman Austin Grinder — Vice Chair Richard Bertram Joe Justus Jeremiah Russell Members Absent: None City Attorney Present: Kristen Green LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA AUGUST 18, 2022 4:00 P.M. I. OLD BUSINESS: No Old Business II. NEW BUSINESS: 1. Z-7315-B 322 S. Broadway 2. Z-9701 6 Pinnacle Point 3. Z-9704 11 Bracey Circle 4. Z-9706 3200 Izard Street 5. Z-9707 3206 Izard Street AUGUST 18, 2022 ITEM NO. 1 Z-7315-B File No.: Z-7315-B Owners: Metropolitan Land Co. LLC Applicant: Lara A Rand Address: 322 S Broadway Northwest Corner of Broadway Street and W 4t" Street Legal Description: Lot 7, 8, and 9, Block 118 Original City of Little Rock Zoned: UU Urban Use District Present Use: Surface Parking Proposed Use: Drive-Thru Restaurant Variance(s) Requested: The sign provisions of Sec. 36-342.1 to allow a ground mounted sign in a UU district. Justification: The applicant's justification is presented as per the attached letter dated May 13, 2022 STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments B. Buffering and Landscape Comments: No Comments C. Buildinq Codes Comments: No Comments D. Staff Analysis: Tropical Smoothie is proposing to construct a new stand-alone, vehicular -oriented restaurant on the Urban Use (UU) zoned property at 322 S. Broadway Street. The property consists of .05 acres and is located the northwest corner of Broadway and W. 4th Streets. In October of 2021 the applicant petitioned the Board of Adjustment requesting several variances from the UU district development criteria established in Section 36-342.1 (c). and submitted a site plan indicating four areas of concern that required to develop the site as proposed. 1 AUGUST 18, 2022 ITEM NO. 1 (CON'T.) Z-7315-B 36-342.1 (c). and submitted a site plan indicating four areas of concern that required to develop the site as proposed. First: To allow the drive through window to face a primary street. The applicant has stated that placement of the drive -through window facing Broadway will allow stacking of eight cars around the building without blocking the primary site access from Broadway. Second: Placement of primary entrance. In the UU District the primary building entrance is required to be at street level and oriented towards the street and the sidewalk. Due to the requested placement of the drive through window the applicant has stated that it would not be feasible to place the building entrance in the heaviest traffic areas presented by the proposed vehicular circulation. In addition, connecting the building entrance to the sidewalk would eliminate a portion of the open drive aisle. Third: Building Window Surface Area. The UU District requires street fronting ground level surface areas to have a minimum transparent window display of sixty (60) percent. The franchisor requires all their cafes to have windows of a certain size to promote a uniform design, and 60% window coverage exceeds those thresholds. In addition, the employee only areas will fill the interior of the building surrounding the drive -through and "behind -the -counter" areas which would allow exterior visibility to the food preparation areas. Fourth: The placement of parking spaces. The surface parking in the UU District is required to be located behind or adjacent to the structure and not between the building and abutting street. The applicant has stated that the placement of the building has dictated the site and parking layout and suggested an alternate layout would create a congested parking area. Staff supported each of the requested variances. The petition was placed the on the consent agenda and unanimously approved. The applicant is now requesting an additional variance to allow a monument sign to be placed adjacent to the Broadway Avenue right-of-way. The applicant has stated that, visibility plays a critical role in insuring patrons can see the store location and have ready access. The proposed sign is indicated to be 6-feet in height, 8-feet in length, and 2-feet in width and shown to be placed in a parking island at the southeast of the site. Section 36-342.1 (c)(1 1) Signs, states, Ground -mounted signs are discouraged and may only be permitted as a variance as per division 2 of this chapter. If permitted the sign must adhere to the size requirements of Sec. 36-553 — Signs permitted in commercial zones. Therefore, the applicant is requesting a variance to allow for a ground mounted sign. 2 AUGUST 18, 2022 ITEM NO.: 1 (CON'T.) Z-7315-B D. Staff Recommendation: Staff recommends approval of the requested ground mounted sign variance as presented in the above analysis and as indicated on the submitted graphics. Board of Adjustment (AUGUST 18, 2022) The applicant was present. There were no objectors present. Staff presented the application to the Commission and stated it recommended the ground mounted sign variance be approved as per the staff report. There was a consent motion to approve the application. The application was approved. The vote was 4 ayes, 0 nays, 1 absent. 3 AUGUST 18, 2022 ITEM NO. 2 Z-9701 File No.: Z-9701 Owners: Gaines and Bonnie Williamson Applicant: Yeary Lindsey Architects / Ellen Yeary Address: 6 Pinnacle Point Legal Description: All of Lot 3 and Part of Lot 4, Shannon Hills 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 June 14, 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. Contact the City of Little Rock Building Codes at 371-4832 for additional details. 1 2UGUST 18, 2022 ITEM NO.: 2 (CON'T.) Z-9701 D. Staff Analysis: The R-2 zoned property is located north of W Markham St and east of Mississippi St, southeast of the intersection of Pinnacle Drive and Pinnacle Point. Pinnacle Point turns into N Bryan St on the west and Mellon St on the east and both streets exit to the north onto H St. The subject property is located on the interior side at the south end of this ring road. The applicant has stated that the lot is an unusual shape, being 130-feet wide towards the street then narrowing to just 30-feet toward the rear, forming a wedge. The average lot width results in the maximum side yard setbacks of 8-feet, which become increasingly restrictive while moving north towards the rear yard. It has also been stated that the extreme difference in angle between the west property line and orientation of the house will not allow a reasonable addition that ties into the existing master bedroom without encountering undue restrictions from the side yard setback. The provided survey/sketch indicates a proposed covered porch addition to the rear of the home and a bath addition to the west. The porch will follow the current code requirements and require no further review. The applicant desires to expand the master bedroom and closet on the west side of their property to give the homeowners a more functional master suite that will allow them to remain in their home as they age. As constructed the house is located mostly within the west side yard setback only encroaching 3-inches at the rear of the home. The proposed site plan shows the bath addition will be 20-feet, 8-inches in length. The width of the addition will be 12- feet, at the south and 10-feet 5-inches at the north. The south end of the new structure is shown to be built to the 8-foot setback but will cross the building line 4- feet as the site narrows to the north. 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 west side -yard setback 4-feet. In Staffs 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 west side yard setback to 4-feet and as per the above analysis and submitted survey/ sketch. 2 2UGUST 18, 2022 ITEM NO.: 2 (CON'T.) Z-9701 Board of Adjustment (AUGUST 18, 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 west side yard setback variance be approved as per the staff report. There was a consent motion to approve the application. The application was approved. The vote was 4 ayes, 0 nays, 1 absent. 3 AUGUST 18, 2022 ITEM NO. 3 Z-9704 File No.: Z-9704 Owners: Jario Irving Morales Applicant: Jario Irving Morales Address: 11 Bracey Circle Legal Description: Lot 4, Block 2, Stagecoach Crossing, Phase 3, 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 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 R-2 zoned property located in southwest Little Rock is east of Stagecoach Rd and north of Herndon Rd in the Stagecoach Crossing subdivision. The subject property resides on the interior northwest corner of the ring road, Bracey Circle and is occupied by a single-family frame and masonry home that was built in 2016. The surrounding properties are either undeveloped or also occupied by single-family homes constructed in the same period. The front of the home faces southwest towards Bracey Circle with off-street parking and a two -car garage accessed from this same street. 1 AUGUST 18, 2022 ITEM NO.: 3 (CON'T.) Z-9704 The house is constructed within the building setback lines of the property. Additionally, a 10-foot utility easement is shown adjacent to the Bracey Circle right- of-way and adjacent to the rear property line. The applicant is proposing to construct a privacy fence, 6-foot in height on the north, south, 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 50- feet along the north (rear yard) property line before turning south and traveling approximately 70-feet adjacent to the Bracey Circle right-of-way. The fence is shown to then turn towards east and traveling for 30-feet and terminating at the side of the house. While the fence placed on the rear property line is proposed to be within the code height requirements the proposed fence height adjacent to the street right-of- way will require a variance. 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." Therefore, the applicant is requesting a variance to allow the extension of the fence height to six (6) feet between the street right-of- way and the building line on the west and south sides of the property. 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 the 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 (AUGUST 18, 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 fence height variance be approved as per the staff report. There was a consent motion to approve the application. The application was approved. The vote was 4 ayes, 0 nays, 1 absent. 2 AUGUST 18, 2022 ITEM NO. 4 File No.: Z-9706 Owner: Songbyrd Enterprise LLC Applicant: Gerald Gregory Address: 3200 Izard Street Description: East 100 feet of Lot 12, Block 25, Kimball South Park Addition, City of Little Rock, Pulaski County, Arkansas. Zoned: R-3 Variance Requested: A variance is requested from the Area provisions of Section 36-255 to allow reduced front and rear yard setbacks in an R-3 district. Justification: The applicant's justification is presented in an attached letter dated June 14, 2022. Present Use: Vacant/undeveloped Proposed Use: Single -Family Residential STAFF REPORT A. Planning and Development Civil Engineering: No Comments. B. Buffering and Landscape Comments: No Comments C. Building Codes Comments: No Comments D. Staff Analysis: The R-3 zoned property at 3200 W. Izard Street is located within a predominantly R-3 zoned neighborhood south of Roosevelt Rd and east of S Arch St. The subject property is shown to be Lot 12 and occupies the southwest corner S Izard and W 32"d St. The survey indicates the property to be 100-feet in width and 100-feet in depth and divided into two separate and equal lots, 50-foot in width. This includes the adjacent Lot 11 to the south. 1 AUGUST 18, 2022 ITEM NO.: 4 (CON'T.) Z-9706 The applicant desires to create a quality infill development consisting of smaller scale single-family housing, which is appropriate for R-3 zoning. Due to the small size of the 5,000 square foot parcels the owner of both properties desires to build two separate single-family homes, The house to be constructed on the subject property will face S Izard Street and provide a 2-car garage at the rear of the primary residence. The proposed garage and drive will allow for off-street parking that will be accessed from W 32nd Street. For the developer to provide housing that he feels will be desirable in this area it is being requested that the front and rear of the new home be allowed to encroach on the setbacks. The sketch provided shows the front fagade of the proposed house is to be built 15-feet from the (east) property line while the rear fagade is shown to be located 13-feet 8-inches from the (west) property line. The side yard setbacks are shown to be 5-foot in width which is the minimum code requirement for a 50-foot lot. Section 36-255(d)(1) states, "There shall be a front yard setback having a depth of not less than twenty-five (25) feet." Section 36-25(d)(3) 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 15-feet reducing the front yard setback to 10-feet and extending the back of the structure into the rear yard setback 13-feet, 8-inches reducing the rear yard setback to 11-feet, 4-inches. The property is undeveloped, and the applicant proposes to add affordable housing stock and utilize existing infra -structure to increase residential density and home occupancy in an area often characterized by vacant and/or marginally maintained properties. The proposed 15-foot front setback will be compatible with the adjacent homes along S Izard and the nearby neighborhood while the rear yard setback will provide a secure garage that is desirable in this developing area of the city. Strict application of the standard front and rear setback requirement will render the 100- foot-deep corner lot undesirable as a residential site, and staff views the setback reductions request as reasonable and appropriate. In Staff s opinion, the proposed setback reductions 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 front yard setback to 10-feet and the rear yard setback to 11-feet, 4-inches as per the above analysis submitted survey/ sketch. 2 AUGUST 18, 2022 ITEM NO. 4 Z-9706 Board of Adjustment (AUGUST 18, 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 front yard setback variance be approved as per the staff report. There was a consent motion to approve the application. The application was approved. The vote was 4 ayes, 0 nays, 1 absent. 3 AUGUST 18, 2022 ITEM NO. 5 Z-9707 File No.: Z-9707 Owner: Songbyrd Enterprise LLC Applicant: Gerald Gregory Address: 3206 Izard Street Description: East 100 feet of Lot 11, Block 25, Kimball South Park Addition, City of Little Rock, Pulaski County, Arkansas. Zoned: R-3 Variance Requested: A variance is requested from the Area provisions of Section 36-255 to allow reduced front and rear yard setbacks in an R-3 district. Justification: The applicant's justification is presented in an attached letter dated June 14, 2022. Present Use: Vacant/undeveloped Proposed Use: Single -Family Residential STAFF REPORT A. Planning and Development Civil Engineering: No Comments. B. Buffering and Landscape Comments: No Comments C. Building Codes Comments: No Comments D. Staff Analysis: The R-3 zoned property at 3206 W. Izard Street is located within a predominantly R-3 zoned neighborhood south of Roosevelt Rd and east of S Arch St. The subject property is shown to be Lot 11 and occupies the northwest corner S Izard and W Short 32"d St. The survey indicates the property to be 100-feet in width and 100-feet in depth and divided into two separate and equal lots, 50-foot in width. This includes the adjacent Lot 12 to the north. 1 AUGUST 18, 2022 ITEM NO.: 5 (CON'T.) Z-9707 The applicant desires to create a quality infill development consisting of smaller scale single-family housing, which is appropriate for R-3 zoning. Due to the small size of the 5,000 square foot parcels the owner of both properties desires to build two separate single-family homes, The house to be constructed on the subject property will face S Izard Street and provide a 2-car garage at the rear of the primary residence. The proposed garage and drive will allow for off-street parking that will be accessed from Short W 32nd Street. For the developer to provide housing that he feels will be desirable in this area it is being requested that the front and rear of the new home be allowed to encroach on the setbacks. The sketch provided shows the front fagade of the proposed house is to be built 15-feet from the (east) property line while the rear fagade is shown to be located 13-feet 8-inches from the (west) property line. The side yard setbacks are shown to be 5-foot in width which is the minimum code requirement for a 50-foot lot. Section 36-255(d)(1) states, "There shall be a front yard setback having a depth of not less than twenty-five (25) feet." Section 36-255(d)(3) 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 15-feet reducing the front yard setback to 10- feet and extending the back of the structure into the rear yard setback 13-feet, 8- inches reducing the rear yard setback to 11-feet, 4-inches. The property is undeveloped, and the applicant proposes to add affordable housing stock and utilize existing infra -structure to increase residential density and home occupancy in an area often characterized by vacant and/or marginally maintained properties. The proposed 15-foot front setback will be compatible with the adjacent homes along S Izard and the nearby neighborhood while the rear yard setback will provide a secure garage that is desirable in this developing area of the city. Strict application of the standard front and rear setback requirement will render the 100- foot-deep corner lot undesirable as a residential site, and staff views the setback reductions request as reasonable and appropriate. In Staff s opinion, the proposed setback reductions 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 front yard setback to 10-feet and the rear yard setback to 11-feet, 4-inches as per the above analysis submitted survey/ sketch. 2 AUGUST 18, 2022 ITEM NO. 5 Z-9707 Board of Adjustment (AUGUST 18, 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 front yard setback variance be approved as per the staff report. There was a consent motion to approve the application. The application was approved. The vote was 4 ayes, 0 nays, 1 absent. 3 August 18, 2022 There being no further business before the Board, the meeting was adjourned at 4:10 p.m. Date: Chairman Secretary