boa_09 15 2022LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
SEPTEMBER 15, 2022
4:00 P.M.
I.Roll Call and Finding of a Quorum
A Quorum was present being four (4) in number.
II.Approval of the Minutes of the August 18, 2022 meeting
of the Board of Adjustment'
Members Present: Frank Allison -Chairman
Austin Grinder -Vice Chair
Richard Bertram
Joe Justus
Members Absent: Jeremiah Russell
City Attorney Present: Sherri Latimer
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA PROCEDURE
SEPTEMBER 15, 2022
4:00 P.M.
I. Roll Call and Finding of a Quorum
II. Approval of the Minutes of the August 18, 2022
meeting of the Board of Adjustment
III. Presentation of Consent Agenda
IV. Presentation of Hearing Items
LITTLE ROCK BOARD OF ADJUSTMENT
ABBREVIATED AGENDA
SEPTEMBER 15, 2022
4:00 P.M.
I. OLD BUSINESS:
No Old Business
II. NEW BUSINESS:
1. Z-9709 2120 N. Garfield
2. Z-9710 5619 P Street
3. Z-9712 8312 Colonel Glenn Road
4. Z-9721 1920 Bragg Street
SEPTEMBER 15, 2022
ITEM NO. 1 Z-9709
File No.: Z-9709
Owners: Lynda L Mace I Noel L
Applicant: Jim Pace, Jim Pace Homes LLC.
Address: 2120 N Garfield
Legal Description: Lot 11, Block 2, of Altheimer an Addition to the City of Little
Rock, Pulaski County, Arkansas
Zoned: R-2
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variance{s) Requested: A variance is requested from area regulations of Sec. 36-254
to allow a reduced front yard setback in the R-2 district.
Justification: The applicant's justification is presented as per the attached
letter dated July 7, 2022.
STAFF REPORT
A.Planning and Development Civil Engineering Comments:
No Comments.
B.Buffering and Landscape Comments:
In October 2020 the City adopted the "Heights Landscape Design Overlay District,"
requiring installation of one tree per 40 linear feet of street frontage within the
Heights District Boundary, applicable to [among other types] residential
construction in excess .of 600 square feet.
C.Building Codes Comments:
No Comments.
D.Staff Analysis:
The property at 2120 N Garfield 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 Garfield and south of Beacon
St. The rear yard of the property is accessed from the alley connecting to Beacon
Rd and Kavanaugh Blvd. The immediate neighboring properties are also populated
with single family homes.
1
SEPTEMBER 15, 2022
ITEM NO.: 1 (CON'T) Z-9709
The original small frame and masonry home that occupied this property has been
razed and the applicant has constructed a new single-family home in its place. The
front of the home faces N Garfield St with a proposed u-shaped drive and off-street
parking. The applicant has stated that the due to the back to front fall of the lot and
the rear sewer main location the foundation could not be set lower than originally
planned. The raised foundation resulted in the front porch being higher than planned,
requiring additional steps which will cross the 25-foot front building line.
The new house and associated covered front porch will be built to the front 25-foot
building setback line. The porch is approximately 2.5-feet above the adjacent front
yard and will require 5-steps to return to grade. The applicants sketch indicates that
the steps will be centered on the house and be 5-feet in width and extend 5-feet from
the porch into the front yard setback. The last step will connect to a landing and
extend an additional 5-feet to meet the proposed drive.
Section 36-254(d)(1) states, "There shall be a front yard setback having a depth of
not less than twenty-five (25) feet." Therefore, the applicant requests a variance to
allow a reduction of the required front yard setback to 20-feet to allow for steps to
connect the drive to the front porch of their home.
The survey and sketches provided by the applicant indicate that the front porch steps
will cross the platted 25-foot front yard setback line 5-feet. The improvements will
not be out of character with many of the other lots in this general area. There are
numerous structures in this neighborhood which have steps extending into the front
yard setbacks. 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 variance to be reasonable.
E. Staff Recommendation:
Staff recommends approval of the requested front yard setback reduction from 25-
feet to a minimum of 20-feet as per the staff analysis and attached sketch / site
plan, subject to the following.
1. A building permit being obtained for all construction.
2. Install trees, if deemed applicable at the time of building permitting, in
accordance with Heights Landscape Design Overlay District requirements.
Board of Adjustment (SEPTEMBER 15, 2022)
The applicant was present. There were no persons present registered in opposition. Staff
presented the item and a recommendation for approval as outlined in the "Staff
Recommendation" above. There was no further discussion. The item remained on the
Consent Agenda for approval. There was a motion made and seconded. The vote was 4
ayes, 0 nays and 1 absent. The application was approved.
2
SEPTEMBER 15, 2022
ITEM NO. 2 Z-9710
File No.: Z-9710
Owners: Zachary and Leah Payne
Applicant: Zachary Payne
Address: 5619 P Street
Legal Description: Lot G, Matthews Replat of Lots 4 thru 10, Block 28, Mountain
Park Addition, Addition of 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 dated July 8, 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.
1
SEPTEMBER 15, 2022
ITEM NO.: 2 (CON'T.) Z-9710
Contact the City of Little Rock Building Codes (501)371-4832 for additional details.
D. Staff Analysis:
The property at 5619 P Street is located in the 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 south side of the road, the second parcel east
of the intersection of N Filmore and P Street. An alley is adjacent to the east side of
the property while a large single R-2 zoned parcel borders the south and west sides.
The existing 1524 square feet frame home was built in 1960 and has undergone
minimal improvements throughout the years that is often typical of homes in this
neighborhood.
The sketch provided by the applicant indicates a proposal for an addition to the
residence that will wrap around the southwest and southeast sides of the home. The
new construction will extend from the southwest face of the house and existing
carport approximately 18-feet before turning to the southeast and proceeding for an
additional 35.5 feet. The new wail will then run northeast for 28.3 feet before
returning 12.5-feet back to the southeast corner of the house which is shared with
an existing deck. The new space will add approximately 800 square feet to the
primary structure and extend the south corner of the proposed building 18-feet
across the 25-foot setback, placing the new construction 7-feet from the rear
property line.
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 18-feet into the rear yard setback.
Staff views the rear yard setback variance of this home addition as minor compared
with the buildable capacity available to the property owner. Staff is supportive of the
requested variance to allow the primary structure to cross the building line 18-feet,
reducing the rear yard setback to 7-feet. The proposed house addition will not be
out of character with other homes throughout this neighborhood and believes the
extension of the primary structure will have no adverse impact on the adjacent
properties or the general area.
Staff finds the requests to generally be in conformance with the development pattern
in this area, and based on the above assessment and analysis, finds the requested
variance to be reasonable.
2
SEPTEMBER 15, 2022
ITEM NO.: 2 (CON'T.) Z-9710
E. Staff Recommendation:
Staff recommends approval of the requested rear yard setback reduction from
twenty-five (25) feet to a minimum of 7-feet as per the staff analysis and attached
sketch / site plan, 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 (SEPTEMBER 15, 2022)
The applicant was present. There were no persons present registered in opposition. Staff
presented the item and a recommendation for approval as outlined in the "Staff
Recommendation" above. There was no further discussion. The item remained on the
Consent Agenda for approval. There was a motion made and seconded. The vote was 4
ayes, 0 nays and 1 absent. The application was approved.
3
SEPTEMBER 15, 2022
ITEM NO. 3 Z-9712
File No.: Z-9712
Owner: Odistene and Waymon Fuller
Applicant: Ron Bene' Woods / Wood's Group Architects Inc
Address: 8312 Colonel Glenn Rd
Legal Description: The East 1/2 of Lot 16 and all of Lots 17 and 18 and the
South 'h of the alley now closed by Little Rock Ordinance
Number 12,836 filed in Deed Book 1263, Page 100 lying
North of and adjacent to the E1/2 of Lot 16, and all of Lots
17, and 18, Block 4, Pike Addition to the City of Little Rock
Pulaski County, Arkansas
Zoned: C-3
Variance Requested: A variance is requested from the area provisions of Section
36-301 to allow a building addition with a reduced rear and
side yard setback.
A variance is requested from the parking regulations of Sec.
36-502 to allow a reduced number of parking spaces
required for a commercial / restaurant development.
Justification: The applicant's justification is presented as per the attached
letter.
Present Use: Vacant
Proposed Use: Restaurant / Retail
STAFF REPORT
A. Planning and Development Civil Engineering:
1. Show existing ditch and curb inlet near eastern property line on site plan.
2. Provide legend showing what hatch markings correspond to what pavement
design improvements for the parking lot, dumpster pad, and driveway.
3. Is the existing concrete driveway (i.e., curb cut) being reconstructed? If so, an
access driveway permit from ARDOT District 6 will be required. Contact
ARDOT District Permit officer at 501-569-2266. If not, do not show any
hatching for it since this implies this will be new, reconstructed driveway.
1
SEPTEMBER 15, 2022
ITEM NO.: 3 (CON'T.) Z-9712
4. Which existing driveway are they calling out to be used? This parcel has two
driveway accesses with a curb inlet in between them? Will the existing curb
inlet be demolished?
5. Any work performed in ARDOT right of way will require a special permit from
ARDOT District 6. Contact ARDOT District Permit officer at 501-569-2266.
6. Show and label all city streets and state highways on site plan.
7. A drainage study will be required to be submitted to the Department showing all
hydrologic and hydraulic calculations for the site before issuance of a future
building permit.
8. Proposed curb openings on west property cannot be allowed due to direct
discharge onto public right of way. Runoff from parking will have to be
collected via inlets and tie into existing storm sewer system on Colonel Glenn
or Cobb St.
9. Stormwater detention won't be required since they are reducing the overall
runoff coefficient less than existing because of the new landscaping.
B. Landscape and Buffer Issues,-
1 Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
2. A perimeter planting strip is required along any side of a vehicular use area that
abuts adjoining property or the right-of-way of any street. This strip shall be at
least nine (9) feet wide. The property is located in the City's designated mature
area. A twenty-five (25%) percent reduction of the buffer requirements is
acceptable. The minimum dimension of the perimeter planting strip shall be six
(6) feet nine (9) inches. One (1) tree and three (3) shrubs or vines shall be
planted for every thirty (30) linear feet of perimeter planting strip.
The south and east perimeter planting strips are deficient, and portions
of the north and west perimeter planting strips are deficient.
3. Screening requirements will need to be met for the vehicular use areas
adjacent to street rights -of -way. Provide screening shrubs with an average
linear spacing of not less at three (3) feet within the required landscape area.
Provide trees with an average linear spacing of not less than thirty (30) feet.
7. An irrigation system shall be required for developments of one (1) acre or
larger.
For developments of less than one (1) acre a there shall be a water source
within seventy-five (75) feet of all plant material if an automatic irrigation system
is not provided.
2
SEPTEMBER 15, 2022
ITEM NO. 3 (CON'T.) Z-9712
8. All landscape areas shall be protected as per City of Little Rock Landscape
Ordinance (Sec. 15-100). Provide notes on plan specifying type and location of
mulch, edging, wheel stops, and/or concrete curb and gutter.
9. All ground or roof mounted mechanical systems shall be screened from
abutting properties and streets. Any trash receptacles or pickup shall be
oriented away from a primary street side of the property and screened from the
public right-of-way. Screen shall exceed the height of the dumpster or trash
containment areas by at least two (2) feet no to exceed eight (8) feet total
height.
10. 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.
Any landscape code requirements that cannot be met may require an
additional variance. Landscape code variances are heard by the City
Beautiful Commission. A building permit cannot be issued until all code
requirements and variances are approved.
C. Building Codes Comments:
No Comments.
D. Staff Analysis'
The C-3 zoned property located at 8312 Colonel Glenn Rd is within a predominantly
commercial district west of S University Avenue and east of the Colonel Glenn /
Stagecoach Rd intersection. Positioned on the north side of the street this small lot
is bordered by a vacant R-4 parcel to the north, vacant C-3 parcel to the east, and a
narrow unbuildable R-2 parcel to the west that is occupied by a drainage channel.
The applicant formerly operated a restaurant on the west side of the adjacent R-2
parcel sharing a small building with another retail business. Several years ago the
owners of this building decided to expand their business thus ending the applicant's
lease.
The applicant has stated that they intend to remain on Colonel Glenn Rd in the
community where they have built relationships and loyal clientele over the past 10
years. They have purchased a .38-acre site just east of the R-2 (drainage channel
property) and additionally obtained a pre-engineered metal building that has not yet
been constructed. Upon hiring a consultant to layout the program elements of the
project it was discovered that the building footprint, required parking, and vehicular
circulation would be problematic in meeting the requirements for a restaurant and
retail business combination.
3
SEPTEMBER 15, 2022
ITEM NO. 3 (CON'TJ Z-9712
The building is shown to be 3,840 square feet that combines 1,674 square feet of
restaurant space, 1,500 square feet of retail space with a combined storage space
totaling 306 square feet. Parking requirements for restaurants are 1 space per 100
square feet. The retail component only requires 1 space per 400 square feet. The
overall development as shown will require a total of 20 spaces,16 for the restaurant
and 4 for the retail.
The pre-engineered structure is unable to be altered and is approximately 65x60
feet. The average depth of the lot is approximately 135-feet in width and 125-feet
depth. To provide an adequate parking layout the building is shown to be placed in
the rear and (east) side yard setbacks. The northeast corner of the building is
indicated to be located 11.5-feet from the rear property line encroaching into the rear
yard setback 13.5-feet. The southeast corner of the building is proposed to be placed
4.75 feet from the (east) side yard property line encroaching 10.25-feet into the side
yard setback. Additionally, the parking and drive aisle configuration will encroach
into the south and west perimeters which will require a landscape variance to be
developed as proposed.
Section 36-301 (e)(2) states: "There shall be a side yard on each side of the building
having a width of not less than fifteen (15) feet..." Therefore, the applicant is
requesting a variance to allow the building to have a side yard setback of not less
than 4.75-feet
Section 36-301 (e)(3) states: "There shall be a rear yard having a depth of not less
than twenty-five (25) feet..." Therefore, the applicant is requesting a variance to
allow the building to have a rear yard setback of not less than 10.25-feet.
Sec. 36-502(3)(a) General business and retail sales, states: the minimum parking
requirement is "One (1) space per four hundred (400) square feet of gross floor
area..." and Sec. 36-502(3)(c) Restaurants, states: the minimum parking
requirement is 1.0 space for each one hundred (100) square feet of gross floor
area". Therefore, the applicant is requesting a variance to reduce the combined use
required parking spaces from 20 to 16.
Staff views the rear and side yard setback variances of this small parcel as minor
compared with the buildable capacity available to the property owner. Additionally,
staff regards the appeal for a reduction of 4 parking spaces as acceptable. The
improvements will not be out of character with many other developments in this
general area. There are numerous structures in this older commercial district which
have reduced rear and/or side yard setbacks and parking areas that are completely
paved eliminating drive aisles and perimeter buffers between the vehicular use
areas and the street right-of-way. The proposed interior, building and perimeter
landscape areas will be within or closer in compliance with the prescribed parking
and circulation requirements of many of the surrounding commercial properties.
4
SEPTEMBER 15, 2022
ITEM NO. 3 (CON'T.) Z-9712
Based on the analysis above, staff believes the subject proposal is in keeping with
the character and scale of the surrounding properties and follows the current
development requirements. Staff views the variance requests as reasonable.
E. Staff Recommendation:
Staff recommends approval of the requested side and rear yard setback variances
and the reduced parking variance as per the above staff analysis and as specified
on the submitted site plan, subject to the following conditions:
Compliance with the Planning and Development Civil Engineering and the
Landscape and Buffer requirements as noted in paragraphs A & B of the
staff report.
Board of Adjustment
(SEPTEMBER 15, 2 0 2 2 )
The applicant was present. There were no persons present registered in opposition. Staff
presented the item and a recommendation for approval as outlined in the "Staff
Recommendation" above. There was no further discussion. The item remained on the
Consent Agenda for approval. There was a motion made and seconded. The vote was 4
ayes, 0 nays and 1 absent. The application was approved.
5
SEPTEMBER 15, 2022
ITEM NO. 4 Z-9721
File No.: Z-9721
Owners: Common Ground Properties
Applicant: Adam Fogelman
Address: 1920 Bragg Street
Legal Description: Lot 18, Block 1, Oak Glenn Addition, to the City of Little Rock,
Pulaski County Arkansas
Zoned: R-4
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variance(s) Requested: A variance is requested from area regulations of Sec. 36-256
to allow a reduced front yard setback in the R-4 district.
Justification: The applicant's justification is presented as per the attached
letter dated July 19, 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 1920 Bragg Street is located within a predominantly R-4 zoned
neighborhood. This parcel, on the west side of the street is located at the
approximate midway point between E 181h St to the north, and E 21st to the south.
The survey indicates the lot to be 50 feet in width and 150 feet in length. The small
900 square foot frame home that occupies the site was built in 1950. The main body
of structure is located 25.2-feet from the property line with the front porch extending
another 4.1-feet towards the west, locating this platform 21.1-feet from the front
property line.
1
SEPTEMBER 15, 2022
ITEM NO. 4 (CON'T.) Z-9707
The applicant is renovating the home and desires to add a larger covered front porch
stating that "a room sized front covered porch will offer a greater connection of the
home and its residence to the street and will encourage contact and conversation
among neighbors and passerby." The proposed porch is indicated to be located at
the center of the house and be 12-feet in width and extend from the front of the home
8-feet. The 2-steps shown on the applicant's sketch indicate that the new porch will
be at the at the same level as the exiting landing at 1.5 - 2-feet above finished grade.
The new porch is shown to be located 17-feet from the property line encroaching
8-feet into the front yard setback.
Section 36-256(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
to allow the extension of the primary structure into the front yard setback to no more
than 8-feet reducing the front yard setback to 17-feet.
Many of the surrounding properties have covered porches of this size that have been
constructed across the front building lines. The applicant's proposal will not be out
of character with the neighborhood. In staff s opinion, the proposed setback
reduction 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.
Based on the analysis above, staff believes the subject proposal is in keeping with
the character and scale of the surrounding residential properties and follows current
development patterns established in the area. Staff views the variance request as
reasonable.
E. Staff Recommendation:
Staff recommends approval of the requested front yard setback reduction from
25 feet to a minimum to 17-feet as per the above staff analysis and as specified on
the submitted site plan subject to the following condition:
1. A building permit being obtained for all construction.
Board of Adjustment (SEPTEMBER 15, 2022)
The applicant was present. There were no persons present registered in opposition. Staff
presented the item and a recommendation for approval as outlined in the "Staff
Recommendation" above. There was no further discussion. The item remained on the
Consent Agenda for approval. There was a motion made and seconded. The vote was 4
ayes, 0 nays and 1 absent. The application was approved.
2
BOARD OF ADJUSTMENT - VOTE RECORD
DATE: September 15, 2022 Time: 4:OOPM
Time In / Time Out
In
Out
ALLISON, FRANK
✓
BERTRAM, JAMES
✓
GRINDER, AUSTIN
✓
JUSTUS,JOE
✓
RUSSELL, JEREMIAH
D
Cnst
Min Agenda Regular Agenda
ITEM & VOTE Item Number:
ALLISON, FRANK
✓
✓
BERTRAM, JAMES
✓
✓
GRINDER, AUSTIN
✓
✓
JUSTUS,JOE
✓
✓
RUSSELL, JEREMIAH
D
D
✓AYE XAYE A_ABSENT R RECUSE Meeting Adjourned 4:08 PM
SEPTEMBER 15, 2022
There being no further business before the Board, the meeting was adjourned at 4:08 p.m.
Date:
Chairman Secretary