boa_07 21 2022LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA PROCEDURE
JULY 21, 2022
4:00 P.M.
I. Roll Call and Finding of a Quorum
II. Approval of the Minutes of the June 16, 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
July 21, 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 June 16, 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 C. Green
LITTLE ROCK BOARD OF ADJUSTMENT
ABBREVIATED AGENDA
JULY 21, 2022
4:00 P.M.
I. OLD BUSINESS:
No Old Business
II. NEW BUSINESS:
1. Z-5435-A 106 Hickory Creek Circle
2. Z-8033-A 11205 Otter Creek South Road
3. Z-9540-A 406 East 17th Street
4. Z-9693 909 North Street
5. Z-9694 1832 Beechwood Street
6. Z-9697 1700 North Pierce
JULY 21, 2022
ITEM NO. 1 Z-5435-A
File No.: Z-5435-A
Owners: WLR Land Trust: Jennifer and Mark McCarty
Applicant: Yeary Lindsey Architects: Ellen Yeary
Address: 106 Hickory Creek Circle
Legal Description: Lot 9, Hickory Creek Subdivision, Phase 1, 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.
A variance is requested from area regulations of Sec. 36-11
to allow a building addition to encroach into an easement.
Justification: The applicant's justification is presented on the attached letter
dated May 16, 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 R-2 zoned property at 106 Hickory Creek Circle is occupied by a two-story
masonry single-family residence. The home is located on the north side of the street
and occupies the third parcel northwest of the intersection of Hickory Creek Drive
and Hickory Street Circle. A circular driveway serves as access to the property. The
property backs up to a tiered pond/creek area which serves as stormwater detention
for the area. The survey indicates a 30-foot natural area (no trees to be removed)
behind the home. The natural area also includes a 10-foot landscape easement
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JULY 21, 2022
ITEM NO.: 1 (CON'T) Z-5435-A
inside and adjacent to the rear property line. North of the rear property line, a 20-
foot floodway easement and common area has been designated. An existing in -
ground pool and patio connecting the rear of the home are located in these
easements and common areas.
Constructed in 1992 the previous owner petitioned the Board of Adjustment in April
of 1991 seeking rear and side yard variances. Variances were approved which
allowed portions of the construction to be built within 1-foot of the rear property line
and 2-feet from the east side yard property line. At the time of construction, the
northeast portion of the home and patio, and the entirety of the swimming pool was
allowed to be constructed into the flood fringe but remains out of the restricted
floodway. All proposed improvements are also shown to be in this floodway fringe
but will not extend into the restricted area.
The applicant is proposing to construct a covered porch addition to the northeast of
the house to be used as an extension of the family living area. The goal is to connect
the existing family room with a new outdoor kitchen area and the existing pool with
a structure that is architecturally compatible with the existing home. These
improvements include an encroachment across the rear property line and into the
granted easement to allow for the new porch structure. The applicant has included
a recent letter from the Hickory Creek Property Association indicating review and
approval of the proposed plans.
The sketch provided by the applicant indicates that the porch addition will extend the
primary residence 5-feet, 3-inches. The addition will cross the rear property line and
continue an additional 16-feet, 2-inches into the floodway and common area
easement. The existing patio has been constructed approximately 12-feet across
this property line. The proposed construction will add an approximate 4-foot
encroachment to what has previously been built.
Section 36-254(d)(3) states "There shall be a rear yard setback having a depth of
not less than twenty-five (25) feet. "The applicant requests a variance to allow 0
rear setback and the extension of the primary structure into the POA common
area.
Section 36-11(f) states "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."
Therefore, the applicant is requesting that the extension of the primary residence
be allowed to cross the rear property line and into the floodway easement and
common area.
The survey and sketches provided by the applicant indicate that the addition to the
primary structure will cross the rear property line 16-feet, 2-inches and be located 3-
feet, 10-inches from the boundary of the floodway common area easement line. The
property backs up to a wooded area and waterway. The proposed improvements
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JULY 21, 2022
ITEM NO. 1 (CON'T.) Z-5435-A
will be located approximately 200-feet from the rear of the closest home across the
waterway. 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 rear yard setback reduction from
twenty-five (25) feet to 0-feet and the requested easement variance as outlined in
the above staff analysis and on the attached sketch subject to the following
conditions:
1. Any new construction must meet the local and Federal floodplain regulation
requirements.
2. The addition must be constructed to match the existing residence.
Board of Adjustment (J U LY 21, 2022)
The applicant was present. Staff recommended the application be withdrawn, without
prejudice. The item remained on the Consent Withdrawal Agenda. A motion was made
and seconded to withdraw the application.
The vote was 5 ayes, 0 nays and 0 absent.
3
JULY 21, 2022
ITEM NO. 2 Z-8033-A
File No.: Z-8033-A
Owners: Rogers Warehouse Dev LLC
Applicant: McGetrick and McGetrick Inc.: Pat McGetrick
Address: 11205 Otter Creek South Rd
Legal Description: Part of the SE'/4 of the NE'/4 and Part of the NE'/4 of the SE'/4
of Section 9, Township 1 South, Range 13 West, Lying North of
the Union Pacific Railroad Right -Of -Way, in Pulaski County,
Arkansas
Zoned: 1-2
Present Use: Warehouse
Proposed Use: Warehouse
Variance(s) Requested: A variance is requested from the buffer provisions of Section
36-522 to allow a building addition with a reduced street
buffer.
Justification: The applicant's justification is presented on the attached letter
dated May 17, 2022.
STAFF REPORT
A. Planning and Development Civil Engineering Comments:
No Comments.
B. Buffering and Landscape Comments:
Site plan must comply with the City's minimal landscape/ buffer ordinance
requirements.
Screening requirements will need to be met for the vehicular use areas adjacent to
street right- of -ways. Provide screening shrubs with an average linear spacing of not
less than three (3) feet within the required landscape area. Provide trees with an
average linear spacing of not less than thirty (30) feet.
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.
For parking areas with twelve or more spaces eight percent (8%) of the vehicular
use area must be designated for green space; this green space needs to be evenly
distributed throughout the parking area(s). The minimum size of an interior
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JULY 21, 2022
ITEM NO. 2 (CON'T.) Z-8033-A
landscape area shall be one hundred fifty (150) square feet for developments with
one hundred fifty (150) or fewer parking spaces. Trees shall be included in the
interior landscape areas at the rate of one (1) tree for every twelve ( 12) parking
spaces.
Building landscape areas shall be provided between the vehicular use area used for
public parking and the general vicinity of the building. These shall be provided at the
rate equivalent to planter strip three (3) feet wide along the vehicular use area. One
1) tree and four (4) shrubs shall be planted in the building landscape areas for each
forty (40) linear feet of vehicular use area abutting the building.
An automatic irrigation system to water landscaped areas shall be required for
developments for one (1) acre or larger. The development of two ( 2) acres or more
requires the landscape plan to be stamped with the seal of a Registered Landscape
Architect.
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. Building Codes Comments:
No Comments.
D. Staff Analysis:
The 1-2 zoned property located at 11205 Otter Creek South Rd is occupied by an
existing 100,000 sf building materials warehouse. The property is located on the
south side of Otter Creek South Rd, east of 1-30 and Otter Creek Blvd. The property
is surrounded by other 1-2 zoned developments except for an undeveloped, heavily
wooded 1-2 zoned lot directly to the east. The property is subdivided into two tracts
and an additional 70,000 sf warehouse is located directly to the south of the subject
property. The only vehicular access to the site is located at the northeast from Otter
Creek South Rd. This point of entry leads to an access easement for Tract 2 and
loading area and on the east side of the building. Public parking is provided at the
north between the building and the street right-of-way.
The applicant is proposing to add an additional 30 parking spaces to the existing
public parking lot. The parking was originally constructed within the 50-foot building
setback. Street buffers are required to be 6-percent the depth of the lot and not
exceed 50-feet. The property is shown to be 649 feet in depth, requiring a 39-foot
street buffer between the back of the parking curb and the street right-of-way. The
additional parking is shown to encroach on this street buffer 40-feet leaving a 10'
landscape buffer between the right-of-way and the back of curb. The remaining
perimeter is within the landscape code allowance which is required to be 9-feet in
width
Section 36-522(b)(4) b. states, "All sites developed, modified, or enlarged shall
provide street buffers as follows:1. All street property lines at six (6) percent of the
average depth of the lot;" The City's Zoning Ordinance requires a minimum street
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JULY 21, 2022
ITEM NO. 2 (CON'T.) Z-8033-A
buffer width of 39-feet for this 1-2 zoned lot. Therefore, the applicant is requesting a
variance to reduce street buffer to 10-feet.
Staff is supportive of the requested buffer variance. Staff views the request as
reasonable. The applicant is requesting the reduced street buffer width to allow
additional parking between the building and the front (north) property line. The
proposed 10-foot-wide street buffer will be equal to or greater than many other street
buffers along Otter Creek South Road to the north and west within this industrial
district. The remaing10-foot-wide street buffer will be required to be landscaped as
per city code. Staff believes the proposed reduced buffer will have no adverse impact
on the adjacent properties or the general area.
E. Staff Recommendation:
Staff recommends approval of the requested variance for reduced street buffer,
subject to compliance with the following conditions:
1. Compliance with the Landscape and Buffer requirements as noted in paragraph
B. of the staff report.
2. The street buffer area must be landscaped as per City code.
Board of Adjustment (JULY 21, 2022)
The applicant was present. There were no persons registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the "Staff
Recommendation" above. There was no further discussion.
The item remained on the Consent Agenda for approval. A motion was made and
seconded to approve the Consent Agenda. The vote was 5 ayes, 0 noes and 0 absent.
3
J U LY 21, 2022
ITEM NO. 3 Z-9540-A
File No.: Z-9540-A
Owner: JC Tread Not, LLC
Applicant: John Gairhan
Address: 406 East 17th Street
Description: East 45 feet of Lot 6, Block 52, Original City of Little Rock,
Pulaski County, Arkansas.
Zoned: R-4
Variance Requested: A variance is requested from the Area provisions of Section
36-256 to allow reduced front and rear yard setbacks in an
R-4 district.
Justification: The applicant's justification is presented in an attached letter
dated May 17, 2022.
Present Use: Vacant/undeveloped
Proposed Use: Single -Family Residential
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:
This R-4 zoned property is a 45' wide by 50' deep "lot of record," reflected in a
warranty deed recorded in 1935, and the 406 E. 17th Street address of record is
evidenced in the 1939 Sanborn Fire Insurance maps of Little Rock. All adjacent
properties and much of the surrounding area is zoned R-4 (two-family). The subject
site lies within the Central City Overlay District. The property is undeveloped, except
for an existing small storage shed intended for removal, an existing curb cut to be
demolished and relocated, and existing fencing to be removed and replaced.
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JULY 21, 2022
ITEM NO.: 3 (CON'T.) Z-9540-A
The applicant proposes to construct a single-family home with an attached one -car
covered carport at the rear of the structure. The sketch provided indicates that the
lot is 50-feet in depth and 45-feet in 'width. The required 25-foot front and rear
setback lines would render this lot unbuildable, and the developer is requesting
variances to reduce the front yard setback to 8-feet and rear yard setback to 5-feet.
The side yard setbacks will exceed the minimum requirement of 4.5- feet and be
maintained at 5-feet on both the east and west sides of the property. Off-street
parking and the carport will be located in the back of the home with access from the
alley adjacent to the east property line.
Section 36-256(d)(1) states, "There shall be a front yard having a depth of not less
than twenty-five (25) feet." Section 36-256(d)(3) states, "There shall be a rear yard
having a depth of not less than twenty-five (25) feet." Section 36-155 states [in order
to be granted a variance,] "The property owner must show to the Board of
Adjustment the subject property is so restricted that the buildable area is not
sufficient for reasonable construction." Therefore, the applicant requests that the
front yard setback be reduced to 8-feet and the rear yard setback be reduced to 5-
feet to allow for the construction of a small single-family residence.
This 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 8-
foot setback will be compatible with the adjacent side yard setback of newly
renovated 1623 Rock Street, adjacent to the west. Strict application of the standard
front and rear setback requirement will render the 50-foot-deep lot undevelopable
as a residential site, and staff views the setback reduction request as reasonable
and appropriate.
The existing curb cut would be replaced with an appropriately located driveway
serving the proposed home and carport. The proposed carport location will facilitate
a second car parked in the driveway, in front of the carport, yet clear of the 17th
Street sidewalk. The proposed home will face south, directly across 17th Street from
the Scholastic Academy parking lot, and staff believes the allowance to park in the
driveway is appropriate.
E. Staff Recommendation:
Staff recommends approval of the front and rear yard setback variances as per the
above staff analysis and attached site plan, subject to a building permit being
obtained for all construction, with the following conditions:
1. The existing curb cut shall be removed, curb and gutter repaired or replaced as
necessary, and the new driveway apron and driveway.
2. Compliance with all other requirements of the Central City Design Overlay District.
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JULY 21, 2022
ITEM NO. 3 (CON'T.) Z-9540-A
Board of Adjustment (J U LY 21, 2022)
The applicant was present. There were no persons registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the "Staff
Recommendation" above. There was no further discussion.
The item remained on the Consent Agenda for approval. A motion was made and
seconded to approve the Consent Agenda. The vote was 5 ayes, 0 noes and 0 absent.
3
JULY 21, 2022
ITEM NO, 4 Z-9693
File No.: Z-9693
Owners: North Street Properties, LLC
Applicant: Jenifer King
Address: 909 North Street
Legal Description: Lots 2R, and 3R, W.B. Worthen's Company Subdivision
Zoned: UU Urban Use District
Present Use: Office
Proposed Use: Office
Variance(s) Requested: The sign provisions of Sec. 36-342.1 to allow a ground
mounted sign.
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. Building Codes Comments:
No Comments
D. Staff Analysis:
The property at 909 North St. is currently occupied by a frame structure that
was originally constructed as a single-family home in 1948. Since construction
the structure has served different uses and is now occupied by an Allstate
insurance agency. Located on the south side of the street, east of N Chester
and west of N Izard Street the approximate 1600 square foot building is
centered between the New Hope Korean Methodist Church to the west and an
existing surface parking to the east. The properties to the north are undeveloped
or occupied by the Cliffs Condominiums and bordered by the Arkansas River
further north. The adjacent southern property is occupied by the Effective Touch
Spa and Salon that faces Garland St. and La Harpe Blvd. Additionally, the
properties located at this northwest edge of the downtown UU District have not
yet developed as zero lot line buildings as is the intent of the Urban Use District.
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JULY 21, 2022
ITEM NO.: 4 (CON'T.) Z-9693
The existing frame office building maintains the aesthetic of a single-family
residence with a manicured lawn and shrubbery. The applicant has stated that
the sign cannot be placed on the building without blocking a doorway or a
window and is requesting that a free-standing sign be allowed at the front of
their business. The proposed small wooden sign is shown to be placed in the
lawn area on the west side of the centrally located entrance. The graphic
provided indicates the sign will be 24-inches in height and 36-inches in width
and provide the name and logo of the business.
Section 36-342.1 (c)(1 1) of the Little Rock Municipal Code states, "Ground mounted
signs are discouraged and may only be permitted as a variance per division 2 of this
chapter." Therefore, the applicant is requesting to install a ground mounted sign.
The proposed post and panel ground mounted sign will be approximately 3-feet in
total height, with approximately 6-square feet of sign face area. The subject ground
sign is proposed within a context of lower -volume commercial, industrial, and
residential area that does not function as a typical UU District development. Within
the above -described context, the requested ground mounted sign is not
inappropriate for pedestrian- and motorist -level wayfinding in the surrounding area.
Based on the above assessment and analysis, staff finds the requested variances
to be reasonable.
E. Staff Recommendation:
Staff recommends approval of the requested ground mounted sign as per the above
staff analysis and as reflected in the submitted plans and elevations, with the
following condition:
1. Add street addresses to the ground mounted (monument) sign per Section 36-
557(f): "All on -premises ground -mounted signs shall have located on the face
of the sign, in characters no less than six (6) inches in height, the street address
number of the business identified by the sign.
Board of Adjustment (JULY 21, 2022)
The applicant was present. There were no persons registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the "Staff
Recommendation" above. There was no further discussion.
The item remained on the Consent Agenda for approval. A motion was made and
seconded to approve the Consent Agenda. The vote was 5 ayes, 0 noes and 0 absent.
2
J U LY 21, 2022
ITEM NO. 5 Z-9694
File No.: Z-9694
Owners: Bret Barnett Revocable Trust
Applicant: Yeary Lindsey Architects: Jim Yeary
Address: 1832 Beechwood Street
Legal Description: LOT 135 & 136, Shadowlawn 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: Request from the area provisions of Sec. 36-254 to allow a
reduced side yard and rear yard setback in an R-2 District.
Justification: The applicant's justification is presented as per the attached
letter dated May 17, 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 Cosies 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.
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JULY 21, 2022
ITEM NO. 5 (CON'T.) Z-9694
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 (501)371-4832 for additional details.
D. Staff Analysis:
The property at 1832 Beechwood Street is in a predominantly R-2 zoned
neighborhood, within the Heights Landscape Design Overlay District. This overlay
district generally has no bearing on the subject variance requests.
The subject property is located north of Cantrell Rd and south of Club Road and
occupies the southwest corner of Beechwood and R Streets, (shown as Echo Pass
on the survey). Built in 1920 the existing 2-story masonry home has undergone
various improvements throughout the years typical of the neighborhood. R Street
primarily functions as cut-thru between Beechwood on the east and Shadowlawn to
the west and only serves the garages or service areas of four homes that front the
two main streets.
The applicant is proposing additional renovations to the home including a new drive
at the front of the property connecting Echo Pass to Beechwood St. The south of the
home will expand to include a lower -level master suite while the west improvements
will include a new screened in porch, patio, and den addition. A new garage will also
be constructed at the north and west of the property and accessed from Echo Pass.
The garage is proposed to cross the rear yard setback and a small a portion of the
north side yard setback. As part of these improvements an existing carport
connected to the primary residence will be removed. The survey indicates that the
house was constructed with an encroachment on the 25-foot rear setback line and
the carport further extending the home across a 4-foot easement to within
approximately 2-feet of the rear property line.
The proposed garage will still extend the primary residence across the 25-foot rear
yard setback but provide less of an encroachment than the existing carport. The
sketch provided by the applicant indicates that west side of the garage will be located
4.5-feet from the rear property line. In addition, the garage will also encroach on the
north side yard setback adjacent to R Street. The den addition, new screened -in
porch, and patio will be aligned with the existing western wall of the home which was
built approximately 4.5 feet across the rear setback line. These new additions are
proposed to be partially constructed within this setback with the southern end of
patio crossing the setback line approximately 13.5 feet. The side yard setbacks for
this property are required to be 8-feet in width and the proposed garage will cross
the north set back line 11-inches at its northeast corner. The new master suite will
encroach on the south 8-foot side yard setback by 2-feet at the southeast corner of
the addition while the southwest corner is shown to encroach 1-foot 4-inches and be
located 6-feet 8-inches from the south property line.
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JULY 21, 2022
ITEM NO. 5 (CON'T.) Z-9694
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 requests a variance to
allow the extension of the primary structure into the rear yard setback to no more
than 19-feet 5-inches reducing the setback to 5-feet 7-inches.
Section 36-254(d)(2) states "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." Therefore, the applicant requests variances to allow
the extension of the primary structure into the side yard setbacks to no more than
11-inches to the north reducing the setback adjacent to R Street to 7-feet 1-inch and
to allow the master suite addition to encroach into the south side yard 2-feet reducing
the setback to 6-feet adjacent to the south property line.
Staff views the rear and side yard setback variances 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 garage
and home addition construction. The improvements will not be out of character with
many other lots in this general area. There are numerous structures in this
neighborhood which have reduced rear and/or side yard setbacks. The development
will be constructed within the north, west and south property lines away from the
front of the house and the main street frontage. The additional backyard
development will be less intrusive than the existing carport and presents no
foreseeable adverse effects to the neighboring residences.
Based the analysis above, staff believes the subject proposal is in keeping with the
character and scale of the neighborhood and views the variance requests as
reasonable.
E. Staff Recommendation:
Staff recommends approval of the rear and side yard variances as per the above
staff analysis and attached site plan, subject to a building permit being obtained for
all construction, with 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 Heights Landscape Design Overlay District requirements.
Board of Adjustment (J U LY 21, 2022)
The applicant was present. There were no persons registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the "Staff
Recommendation" above. There was no further discussion.
The item remained on the Consent Agenda for approval. A motion was made and
seconded to approve the Consent Agenda. The vote was 5 ayes, 0 noes and 0 absent.
3
JULY 21, 2022
ITEM NO.: 6 Z-9697
File No.: Z-9697
Owners: Rebecca Sullivan / Sara Sullivan Mader
Applicant: Rebecca and Charles Sullivan
Address: 1700 N Pierce
Legal Description: Lot 5, Block 23, Mountain Park Addition to the City of Little
Rock, Pulaski County Arkansas
Zoned: R-2
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variance(s) Requested: A variance is requested from the area provisions of Section
36-254 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 May 16, 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:
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
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JULY 21, 2022
ITEM NO. 6 (CON'T.) Z-9697
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 1700 N Pierce St is in a predominantly R-2 zoned neighborhood,
within the Heights Landscape Design Overlay District. This overlay district generally
has no bearing on the subject variance requests.
The subject property is located on the northwest corner of N Pierce and P Streets,
one block south of Cantrell Avenue. The property was originally developed as a
small one-story frame single-family residence. The current owner is planning to raze
the existing structure and build a new single-family residence.
The survey indicates the lot to be 50-feet in width and 140-feet in length. The sketch
provided by the applicant indicates that the new house will face east towards N
Pierce St and a garage and off-street parking will be accessed from P Street at the
back of the new home.
The front wall of the new structure is shown to be located 19.4-feet back from the
front (east) property line to maintain alignment with the existing homes on the west
side of the street. This alignment will cause the house to encroach on the 25-foot
front yard setback 5.6-feet. The side and rear yard setbacks are shown to be within
the code requirements for this parcel.
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 is requesting a variance
from this ordinance to construct a new home with a reduced front yard setback.
Staff views the front yard setback variance of this new construction as minor
compared with the buildable capacity available to the property owner. The new home
will not be out of character with many other lots in this general area. There are
numerous structures in this neighborhood which have reduced front yard setbacks.
The proposed construction will have setbacks relatable to the other surrounding
homes within proximity to the proposed construction and presents no foreseeable
adverse impact on the adjacent properties or the general area.
Based on the analysis above, staff believes the subject proposal is in keeping with
the character and scale of the neighborhood and views the variance request as
reasonable.
2
JULY 21, 2022
ITEM NO.: 6 (CON'T.) Z-9697
E. Staff Recommendation:
Staff recommends approval of the requested front yard setback reduction from 25-
feet to a minimum of 19.4-feet as outlined in the staff analysis and indicated on the
attached sketch, subject to the following conditions:
1. A building permit being obtained for all construction.
2. Install trees, if deemed applicable at the time of building permitting, in
accordance with Heights Landscape Design Overlay District requirements.
Board of Adjustment (JULY 21, 2022)
The applicant was present. There were no persons registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the "Staff
Recommendation" above. There was no further discussion.
The item remained on the Consent Agenda for approval. A motion was made and
seconded to approve the Consent Agenda. The vote was 5 ayes, 0 noes and 0 absent.
BOARD OF ADJUSTMENT - VOTE RECORD
DATE: JuIV 21, 2022 Time: 4:OOPM
Time In / Time Out
In
Out
ALLISON, FRANK
✓
BERTRAM, JAMES
✓
GRINDER, AUSTIN
✓
JUSTUS, JOE
✓
RUSSELL, JEREMIAH
✓
Cnst
Cnst
Min
Withdrawl
A rvl
ITEM & VOTE Item Number:
ALLISON, FRANK
✓
✓
✓
BERTRAM, JAMES
✓
✓
✓
GRINDER, AUSTIN
✓
✓
✓
JUSTUS, JOE
✓
✓
✓
RUSSELL, JEREMIAH
✓
✓
✓
AYE XNAYE A_ABSENT R_RECUSE Meeting Adjourned PM 4:09 PM
JULY 21, 2022
There being no further business before the Board, the meeting was adjourned at 4:09 p.m.
Date:
Chairman Secretary