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