boa_10 20 2022LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
OCTOBER 20, 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 September 15, 2022 meeting
of the Board of Adjustment
Members Present: Frank Allison -Chairman
Richard Bertram
James Harkins
Jeremiah Russell
Members Absent: Austin Grinder -Vice Chair
City Attorney Present: Sherri Latimer
LITTLE ROCK BOARD OF ADJUSTMENT
ABBREVIATED AGENDA
OCTOBER 20, 2022
4:00 P.M.
I. OLD BUSINESS:
No Old Business
II. NEW BUSINESS:
1. Z-8608-A 3501 Old Cantrell Road
2. Z-9619-A 1701 North Taylor Street
3. Z-9722 8812 Ranch Blvd.
4. Z-9723 519 S. Maple Street
5. Z-9728 3404 Pine Cone Drive
OCTOBER 20, 2022
ITEM NO. 1 Z-8608-A
File No.: Z-8608-A
Owner: Greens Investments, LLC
Applicant: Bart Barloige
Address: 3501 Old Cantrell Road
Description: The East 90 Feet of Lots 1 & 2, in Block2 of West Rock Addition
to the City of Little Rock, Pulaski County Arkansas
Zoned: C-3
Variance(s) Requested: The parking provisions of Section 36- 507 to allow a parking
lot with a reduced number of on -site parking spaces.
Justification: The applicant's justification is presented as per the attached
letter.
Present Use: C-3, Restaurant
Proposed Use: C-3, Restaurant
STAFF REPORT
A. Planning and Development Civil Engineering Comments:
No Comment.
B. Buffering and Landscape Comments:
1. Any new site development must comply with the City's minimal landscape and
buffer ordinance requirements.
2. Maintain any existing landscape perimeters. Any trees or vegetation located in
close proximity to construction shall have the area within the dripline fenced
and protected from development activities. Any existing landscape or irrigation
disturbed by construction shall be repaired or replaced before completion and
final acceptance of the project.
3. Any exiting landscape or irrigation disturbed by construction shall be repaired or
replaced before completion and final acceptance of the project.
4. 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.
1
OCTOBER 20, 2022
ITEM NO. 1 (Con't.) Z-8608-A
C. Building Codes Comments:
No Comment.
D. Staff Analysis:
The C-3 zoned property at 3501 Old Cantrell Road is occupied by a one-story
restaurant that has been in operation by the current proprietor for over 10 years.
Formerly, this building was constructed as an auto service station. A driveway from
Old Cantrell Road allows access to the property and onsite parking. The northern
portion of the property was once a vehicular use area allowing access to the service
bay doors and the old gas pump area underneath a canopy and the front of the
building. Two parking spaces are located in front of the former service bay on the
northwest corner of the building, 5 spaces have been placed adjacent to the Mart
Drive right -of way on the east and 3 parking spaces are shown at the rear of the
building to the south.
The restaurant renovations included a small 90 square foot addition on the south
side of the building and a 373 square foot covered outdoor seating area constructed
under the gas pump canopy between the building and Old Cantrell Road. Portions
of the existing paving along the east property line were cut out for the planting of
new trees. New planter beds and a landscaped island within the Old Cantrell Road
right-of-way were installed. The building and outdoor seating as proposed indicated
a total of 2,252 square feet. The ordinance required 22 on -site parking spaces for
the restaurant use.
To develop the property as previously proposed the applicant had to request street
buffer and parking variances. The applicant provided 23 parking spaces for the
development with a request to allow more than 25% of these to be located off site.
The item was placed on the regular agenda at the November 29, 2010, Board of
Adjustment hearing and was unanimously approved. In accordance with the hearing
the applicant provided 10 on -site parking spaces and leased 13 spaces from the
office development immediately to the north across Old Cantrell Road.
The applicant is now requesting the elimination of an additional 5 onsite parking
spaces located on the east side of the property adjacent to the Mart Drive right-of-
way. The business owner has stated that due to the unforeseen circumstances of
the COVID-19 pandemic an open-air tent was added to the east side of the building
to serve their customers. Tables, chairs, lighting, heaters, etc. were purchased to
accommodate the restaurant patrons and the outdoor seating has contributed to 1/3
of the business income over the past three years. The tent provides an approximate
1,000 square feet of outdoor eating space which would require 10 additional onsite
parking spaces.
The outdoor eating space proposal would increase the overall square footage of the
restaurant to approximately 3,250 square feet requiring a minimum of 32 on-sitQ
parking spaces of which 50% are required to be located on site. The applicant has
provided a lease agreement from Rainy Abstract Company across the street at 3420
Old Cantrell Rd indicating 58 parking spaces dedicated to the restaurant.
2
SEPTEMBER 15, 2022
ITEM NO.: 1 (CON'TJ Z-8608-A
Sec. 36-507(a) States, All parking spaces provided pursuant to this article shall be
on the same lot with the building or within three hundred (300) feet thereof. The
distance to any parking area as herein required shall be measured between the
nearest point of the off-street parking facility and the nearest point of the building
said parking area or facility is to serve. Off -site parking shall not exceed fifty (50)
percent of the total number of spaces required by this article. Therefore, the
applicant is requesting that 5 additional on -site parking spaces be allowed to be
moved off site to provide additional outdoor eating space.
Staff is supportive of the requested variance associated with the reduced on -site
parking. Parking space for restaurants is often compromised in the "mature areas"
(east of University Avenue) of the city. There are other restaurants in the nearby
Heights and Hillcrest neighborhoods that have be granted similar parking variances.
Staff notes that during the COVID-19 pandemic, restaurants were allowed to
maintain temporary structures to practice social distancing protocols. However, the
City regards tents as a temporary structure which are only allowed by code for a
period up to one (1) year. Due to the applicant securing additional off -site parking
above the required minimum it is staff s opinion that the proposed parking variance
will have 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
of this and other restaurants developments close to the site. Based on the above
assessment and analysis, finds the requested variance to be reasonable.
E. Staff Recommendation:
Staff recommends approval of the requested parking variance to allow the
elimination of 5-onstie parking spaces to allow for additional outdoor eating as per
the staff analysis and subject to the following conditions:
1. Compliance with the requirements as noted in paragraph B of the staff
report.
2. The tent is removed from the site in a period of no less than 1 year and
permanent solution is presented to the Little Rock Department of Planning
and Development for review and approval.
3. The lease (use) agreement for a portion of the existing parking lot from the
Standard Abstract Company at 3420 Old Cantrell Rd be maintained. If the
lease (use) agreement expires, the parking variance will become void and
the parking variance must be brought back to the Board of Adjustment for
further consideration.
3
OCTOBER 20, 2022
ITEM NO. 1 (Con't.) Z-8608-A
Board of Adjustment
(OCTOBER 20, 2022)
Staff informed the Board that the application needed to be deferred to the November 17,
2022 agenda based on the fact that the applicant failed to send the notification to all
property owners as required. The item was placed on the Consent agenda for deferral to
the November 17, 2022 Agenda. A motion was made to approve the consent agenda.
The vote was 4 ayes, 0 nays and 1 absent. The application was deferred.
4
To whom it may concern,
B&B Taco Garage, LLC DBA The Fold is requesting a variance located at 3501 Old Cantrell Rd.
Little Rock, AR 72202. Due to unforeseen circumstances with the Covid-19 pandemic, we had to
add a tent on the East side parking spaces of our building. We had to purchase tables, chairs,
lighting, heaters, etc to be able to accommodate our guests. This outdoor seating has become
1/3 of our income over the last three years and continues to do so as people still would like to
be outside. Understanding the parking limitations on our property, we have secured 58 total
parking spaces across the street at the Standard Abstract building in which we pay $300 per
month. Not only are there 58 parking spaces dedicated to The Fold, there is also a huge parking
lot directly behind our business at the Rainey building that has been open for overflow use as
well.
Inside this packet, you will find the required documents for your review. Thanks so much for
the consideration and look forward to hearing back from you.
Bart Sarjpgie --- Owner
•.vner
OCTOBER 20, 2022
ITEM NO. 2 Z-9619-A
File No.: Z-9619-A
Owners: Hudson Shermer Enterprises LLC
Attn: Susana Shermer
Applicant: Jamey Rough
Address: 1701 N Taylor
Legal Description: Lot 6, Block 20, of Mountain Park, 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 the area provisions of Section
36-156 to permit more than 30% coverage of the rear yard for
an accessory structure.
Justification: The applicant's justification is presented as per the attached
letter.
STAFF REPORT
A. Planninq 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 1701 N Taylor 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.
OCTOBER 20, 2022
ITEM NO. 2 (Con't.) Z-9619-A
The subject property is located on the northeast corner of N Taylor and P Streets.
Built in 1935 the existing 1-story frame home occupying the property has undergone
several improvements in the recent years that are often typical of this neighborhood.
The immediate and surrounding properties are also populated with new or older
single family homes that are in their original state or have been renovated.
In October of 2021 the property owner petitioned the Board of Adjustment proposing
renovations to the home including an expansion to the back of the house to the east,
a second story addition to the existing detached garage, and a renovated south
fagade adding a front porch. The variances for this new construction included a front
yard setback, a side yard setback for an accessory structure, and a rear yard
coverage variance that would exceed 30%. Staff recommended approval of the
requests, the items were placed on the Consent Agenda, approved unanimously,
and the construction was completed within the requirements of the variances.
The original garage was built to the south property line, with current code requiring
accessory structures be located no closer to the street sideline than the 15-feet. With
the renovation of the garage the remodeled structure was applied to the rear yard
requirements which exceeded the rear yard coverage. The area provisions for
accessory structures do not allow for the coverage of more than 30%. The rear yard
is shown to be approximately 1260 square feet. The garage occupies approximately
490 square feet of the rear yard space increasing the coverage to 39%.
The applicant is now requesting to add a small inground swimming pool to this
already compromised but approved backyard. The site plan indicates that this new
accessory structure will be 15' x 25.5' in which 322 square feet will be located in the
northeast portion of the lot increasing the overall rear yard an additional 25% for a
total rear yard coverage of 64%
Sec. 36-156(a)(2)(c) states, "Accessory buildings or structures in the R-1 through R-
4A districts shall not be located closer than sixty (60) feet to the front property line,
fifteen (15) feet from a street sideline and may not occupy more than thirty (30)
percent of the required rear yard area..." Therefore, the applicant is requesting a
variance to allow an additional accessory structure (swimming pool) which will
increase the rear yard coverage to a maximum of 64%.
Staff is supportive of the requested variance associated with the proposed swimming
pool. The development of this small lot will have little or no additional visual impact
from that of the original home and recent improvements that occupy the property.
Staff views the rear yard coverage variance of this existing small space as minor
compared with the buildable capacity available to the property owner. Many of the
surrounding single-family homes were built on lots that would be non -conforming by
today's standards and have also exceeded the coverage requirements as calculated
by the current code. In Staff s opinion, the proposed swimming pool will have 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.
2
OCTOBER 20, 2022
ITEM NO. 2 (Con't.) Z-9619-A
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.
E. Staff Recommendation:
Staff recommends approval of the requested rear yard coverage to a maximum of
64% as per the above staff analysis and the submitted survey / site plan 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
(OCTOBER 20, 2022)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval as outlined in the "Staff Recommendation"
above. The item was placed on the Consent Agenda for approval. A motion was made to
approve the Consent Agenda. The vote was 4 ayes, 0 nays and 1 absent. The application
was approved.
3
7701 N Taylor
Variance Request
This is a request for a variance to install a swimming pool at 1701 N Taylor in Little Rock. The
pool is needing to be installed in the rear 25 Ft set back. There is already a garage that had
required a variance for the same issue and was approved. There is no way to move the pool to
another location so this is the only option. The pool is needing to be 6 ft off back property line.
OCTOBER 20, 2022
ITEM NO. 3 Z-9722
File No.: Z-9722
Owners: Robert & Angela Alexander Family Trust
Applicant: Tim Daters — White Daters and Associates
Address: 8812 Ranch Blvd
Legal Description: Lot 259, Cypress Pointe 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 Sec.
36-156 to allow an accessory structure to be separated from
the primary structure by less than 6-feet and to allow and
accessory structure to be located less than 3-feet from a rear
property line.
A variance is requested from the compliance regulations of
Sec. 36-11 to allow the encroachment of a proposed structure
into a platted utility easement
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 subject property at 8812 Ranch Blvd is occupied by a two-story masonry
home that was constructed in 2004 and located within the West Little Rock
1
OCTOBER 20, 2022
ITEM NO. 3 (Con't.) Z-9722
subdivision known as Cypress Point. Ranch Blvd intersects Cantrell Rd / Highway
10 at the south and the subject property is located at the northeast of this cul-de-
sac, the second parcel from the end on the north side of the street. The adjacent
rear property to the north is zoned R-2 and noted as owned by Ranch Community
Property and contains a reservoir that connects to the Little Maumelle River. The
adjacent and surrounding properties are occupied by single-family homes which also
border this reservoir property. Undeveloped wooded parcels are located directly
across the street to the south and the southern terrain is characterized by higher
elevations that slope downward to the north towards subject property and reservoir.
The existing home was built within the required building lines with the exception of
a covered outdoor patio extending the primary structure slightly over the rear yard
setback line. The patio is built to meet the finished grade of the backyard and
connected to the residence with a gabled roof. The roof extends the primary
structure across the rear yard setback approximately 2.5-feet on the northwest
corner and approximately 1-foot at the northeast corner.
The applicant is proposing to construct a new inground swimming pool/spa at the
rear of the property. The provided sketch indicates that the pool will be 51.7-feet in
length x 15-feet in width and placed parallel with the home. The east 6-feet of the
proposed pool is shown to be placed 3-feet from the covered patio exceeding the 6-
foot limit required for accessory structures. The entirety of the swimming pool, deck,
and spa are shown to be located across the 25-foot rear building line. In addition,
there is also a 10-wide utility easement that runs parallel with the rear property line.
Approximately half of the pool is shown to be located in this easement with the
northwestern edge of the pool located approximately 2.5-feet from the property line
with the associated coping extending an additional 1-foot.
Sec. 36-156(a)(2)(b) states, "All single-family and two-family residences shall be
separated from accessory structures by a distance of not less than six (6) feet."
Therefore, the applicant is requesting a variance to allow the accessory structure to
be located a minimum 3-feet from the rear of the covered patio/primary structure.
Sec. 36-156(a)(2)(f) states: "Accessory buildings shall maintain at least a three-foot
setback from any side or rear yard property line except where said rear yard abuts
on a dedicated alley..." Therefore, the applicant is requesting a variance to allow an
accessory structure to be placed 2.5-feet from the rear property line.
Section 36-11 (f) sates, "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. For purposes of
fence placement within easements, fences shall not be construed to be a building or
structure." Therefore, the applicant is requesting that easement encroachments be
allowed on the north (rear) of the property.
2
OCTOBER 20, 2022
ITEM NO. 3 (Con't.) Z-9722
Due to the property backing up to an unbuildable common area and waterway staff
views the rear yard setback variance of this accessory structure / swimming pool
addition as minor compared with the buildable capacity available to the property
owner. Staff is supportive of the requested variance to allow the swimming pool to
be located less than 3-feet from the rear property line and less than 6-feet from the
primary structure. The adjacent home to the east was granted a rear setback
variance in 2003 to locate the primary structure 10-feet from the rear property line..
The proposed pool additions of the subject property will not be out of character with
other homes throughout this neighborhood and staff believes the new pool, spa and
associated decks will have no adverse impact on the adjacent properties or the
general area.
Additionally in staff s opinion, the pool, and deck proposed to encroach into the
existing utility easement poses no negative effect upon the health, safety, or welfare
of the general public, and will not detract from the value or aesthetic of the
neighborhood or surrounding properties. The applicant has also provided
documentation from the utility companies stating that they have no objections to the
requested variances. Staff finds the request to generally be in conformance with the
development pattern in the neighborhood and finds the request to be reasonable.
E. Staff Recommendation:
Staff recommends approval of the requested variances to allow an accessory
structure to be separated from the primary structure by a minimum of 3-feet and to
allow and accessory structure to be located a minimum of 2.5-feet from a rear
property line. Additionally, staff is supportive of the encroachment variance into the
utility easement. Both variances are subject to the above staff analysis and attached
sketch / site plan, subject to compliance with the following condition:
1. A building permit being obtained for all construction.
Board of Adjustment (OCTOBER 20, 2022)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval as outlined in the "Staff Recommendation"
above. The item was placed on the Consent Agenda for approval. A motion was made to
approve the Consent Agenda. The vote was 4 ayes, 0 nays and 1 absent. The application
was approved.
3
WHITE - DATERS & ASSOCIATES, INC.
24 Rahling Circle
Little Rock, Arkansas 72223
Phone: 501-821-1667
www.whitedaters.com
July 19, 2022
Mr. Darrin Spillman
City of Little Rock
Planning and Development
723 W. Markham Street
Little Rock, AR 72201
RE: Variance Request — Lot 259 Cypress Point
Mr. Spillman,
The Owner would like a variance and reduction in the width or the rear easement to allow the
construction of a pool on the rear of the above captioned lot.
I have attached six copies of the proposed plat and proposed improvements, the application form,
the owner's affidavit and a check for the application fee.
Please place this item on the agenda for the next meeting of the Board of Adjustment.
Please contact me if you need any additional information or have any questions.
Thank you for your assistance.
Sincerely,
Timothy E. Daters, P.E.
CIVIL ENGINEERING - LAND PLANNING & DEVELOPMENT — SURVEYING — LANDSCAPE ARCHITECTURE
OCTOBER 20, 2022
ITEM NO. 4 Z-9723
File No.: Z-9723
Owners: John Walter Norman III
Applicant: Liraz Ben Zikri
Address: 519 S Maple
Legal Description: Lot 8. Block 11, Kimball and Bodeman Addition, to the City of
Little Rock, Pulaski County Arkansas
Zoned: R-3
Present Use: Single-family Residence (Vacant)
Proposed Use: Single-family Residence
Variance(s) Requested: A variance is requested from the area regulations of
Sec. 36-255 to allow a reduced side yard setback in the R-3
district.
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:
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
OCTOBER 20, 2022
ITEM NO. 4 (Con't.) Z-9723
Contact the City of Little Rock Building Codes at 371-4832 for additional details.
D. Staff Analysis:
The R-3 zoned property located in south of Capital Avenue and east of UAMS Blvd.
The adjacent and surrounding properties are occupied by smaller single-family
frame residences constructed in the 1920's, 30's and 40's. Most of the homes in this
area remain in their original conditions with renovation and expansions trending
throughout this older Kimball and Bodeman subdivision.
The subject property is the second parcel on the east side of the street, south of the
intersection of Capital Ave and Maple St. The site is bordered on the north and south,
by single-family developments and can be accessed from an alley at the rear (east)
of the property or from Maple St. The survey illustrates this preexisting non-
conforming lot to be 46.80-feet in width and 131-feet in length. The site was originally
developed as a single-family residence in 1920 with a 700 sq ft home that has
remained unchanged since it was first constructed. The property was purchased by
the applicant in 2020, is currently unoccupied, and being renovated.
The survey indicates that the northwest corner of the house is located 3.6-feet from
the side (north) property line and northeast corner of the house is located 3.3-feet
from this same property line. The applicant is purposing an addition to the rear of
the home which is indicated to extend the current footprint 16.5 feet to the east. The
width of the home will remain the same at 28.3-feet. However, the alignment of the
addition with the north side of the house will place the new northeast corner of the
structure 3.1-feet from the side property line.
Section 36-255(d)(3) Side yard, states, "There shall be a side yard 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 five (5) feet. "Therefore, the applicant is requesting a
variance to extend the side yard encroaching primary structure to the east, further
reducing the north setback to 3.1-feet at its narrowest point."
Staff is supportive of the requested variance associated with the proposed
residential structure. The renovations to the home on this small lot will have little or
no additional visual impact from that of the original residence that occupies the
property. Staff views the side yard setback variance of this existing small space as
minor compared with the buildable capacity available to the property owner. Many
of the surrounding single-family homes were built on lots that would be non-
conforming by today's standards and have also been constructed in the setbacks as
calculated by the current code. In Staff s opinion, the proposed setback reduction
of the addition will have 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.
2
OCTOBER 20, 2022
ITEM NO. 4 (Con't.) Z-9723
E. Staff Recommendation:
Staff recommends approval of the requested side yard setback reduction to a
minimum to 3.1-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. Compliance with the Building Codes requirements as noted in paragraph C.
of the staff report.
Board of Adjustment (OCTOBER 20, 2022)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval as outlined in the "Staff Recommendation"
above. The item was placed on the Consent Agenda for approval. A motion was made to
approve the Consent Agenda. The vote was 4 ayes, 0 nays and 1 absent. The application
was approved.
3
From: John Norman, Home Owner
RE: Home Addition 16.5' for additional Bedroom & Bathroom Space
To the Chair of the Board:
I'm writing to request a variance for my single-family house, which is located at (519 Mable Street
Little Rock; AR) my goal with this variance petition is to create a high -quality property which adds to
the overall aesthetics of the neighborhood and that the City of Little Rods will be happy to approvea As
you can see from the zoning and plans that granting the variance will not be a detriment to the
neighborhood and will not substantially impair the intent and purpose of the master plan and zoning
ordinance.
I am requesting a 16' addition to the rear of the property. I would mainly go straight back. I would
only move to 2" (inches) slight from 33' to 3.1' respectfully. The spot we chose was chosen with care
and conscientiousness of our neighbors I believe we fulfill the hardship requirements for a variance and
kindly ask you to review and grant such a variance for the following:
• The house is extremely small and not consistent with the other homes in the neighborhood. Its
small size would seemingly prevent it from meeting the needs of the typical resident of this
area. The desire is simply to make the house comparable with the other homes on the sheet
and within the neighborhood.
Thank you for your time and consideration.
John Norman
OCTOBER 20, 2022
ITEM NO. 5 Z-9728
File No.: Z-9728
Owners: Singletree Reality LLC
Applicant: Richard Johnson
Address: 3404 Pine Cone Drive
Legal Description: Lot 32, Pinewood Subdivision, Addition to the city of Little Roc,
Pulaski County Arkansas
Zoned: R-2
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variance(s) Requested: Variances are requested from the height and area provisions
of Section 36-516 to allow an increased fence height from four
(4) feet to six (6) feet between a required building setback line
and a street right-of-way.
Justification: The applicant's justification is presented as per the attached
letter dated August 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 located at 3404 Pine Cone Drive is located in the southeast
part of the city, south of Baseline Road and east of Hilaro Springs Road. The single-
family home was recently constructed in 2021 and is located on the north side of the
street the second parcel northeast of the intersection of Arapaho Trail and Pine Cone
Drive.
The applicant does not live in the home but is a member of a reality group that rents
to a family with young children. The applicant has stated that the house has been
struck on two different occasions by drive -by shootings. The first shooting resulted
1
OCTOBER 20, 2022
ITEM NO. 5 (Con't.) Z-9728
in nine bullet holes in the front of the house while the second shooting resulted in
three. For security purposes the applicant requested to install a 6-foot wood privacy
fence adjacent on the front property line. The applicant was informed by staff that
the requested materials and location of the barrier as proposed would not be
supported for variance approval.
The applicant agreed to revise their proposal stating that a barrier 6-feet in height is
still desired but has agreed to move this back from the front property line, crossing
the front setback by only 5-feet. In addition, the materials for this security barrier will
be constructed as a masonry wall with steel panel gates. The applicant revised their
sketch and submitted this with the application for approval.
The sketch provided indicates that the masonry wall will be placed 5-feet south of
the 25-foot front building line. The barrier will run parallel to the front of the house
the width of the front yard and connect to an existing fence on both the east and
west sides of the property. Steel panel gates will be placed across the driveway and
be able to be closed once any vehicle is secured in the single car garage.
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 a masonry barrier / fence to a height to six (6) feet between the building
setback line and a street right-of-way.
Staff is sympathetic to the applicants request but could not support the originally
proposed wooden barrier due to the location, and amount of protection that seems
to be required. The wood fence as purposed would be out of character with
surrounding properties and detract from the overall aesthetic of the neighborhood.
Staff believes that a masonry barrier located closer to the home could be better
integrated with the architecture of the house and not be as imposing to the
streetscape as a wooden barrier placed on the front property line. Due to the
circumstances and previous issues associated with this property staff will support a
masonry barrier 6-foot in height with steel panel gates that crosses the front building
line a maximum of 5-feet.
Based on the analysis staff is supportive of the requested variance associated with
the proposed fence height. While there will be an additional visual impact from that
of the original residence circumstances indicate that additional security is required
for the occupants of the home to feel safe. It is in staffs opinion, the proposed fence
/ wall can be integrated into the architecture of the home and the height variance will
have 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.
2
OCTOBER 20, 2022
ITEM NO. 5 (Con't.) Z-9728
E. Staff Recommendation:
Staff recommends approval of the requested front yard fence height variance as per
the staff analysis and as presented in the attached documentation with the following
condition:
1. Detailed plans and elevations of the masonry fence / wall and gates are
to be submitted for review and approval before a permit can be issued.
Board of Adjustment (OCTOBER 20, 2022)
Richard Johnson was present, representing the application. There was one (1) objector
present. Staff presented the application with a recommendation of approval.
Richard Johnson addressed the Board in support of the application. He explained that
the need for the taller wall was for the security of the residents, as there had been two (2)
drive-by shootings.
Deon Robinson addressed the Board in opposition. He explained that he owned
properties in the area and that the proposed masonry wall would be an eye sore for the
neighbors. He explained that the type of wall proposed would not be a benefit to the
neighborhood.
Mr. Johnson further explained the need for the proposed wall and noted that it would be
located 20 feet back from the front property line.
Chairman Allison noted that he did not support the fence/wall height variance. He
explained that the type of wall proposed would create a barrier that would set the wrong
tone within the neighborhood, and that it would set a bad precedent for the area.
Jeremiah Russell and James Harkins concurred with Chairman Allison.
There was brief additional discussion of the fence/wall height issue.
A motion was made to approve the application, as recommended by staff. The vote was
0 ayes, 4nays and 1 absent. The motion failed and the application was denied.
3
SINGLETREE REALTY, LLC
1811 ]FOREMAN DRIVE
LITTLE ROCK, ARKANSAS 72227
August 16, 2022
To: Little Rock Board of Adjustment
Re: Variance for a six-foot fence to be constructed along the front of the
house located at 3404 Pine Cone Drive, Little Rock, AR 72209
Dear Members of the Board,
I, Richard Johnson, Member of Singletree Realty, LLC, which owns the
above -referenced property, am requesting a variance to build a six-foot
high fence along the front of said property. The house has been the
subject of two different drive -by shootings in recent months. There were
nine bullet holes in the front of the house on one occasion and three
bullet holes on the second shooting. A family with small children is
living in the home and are frightened. They and I feel a fence may
prevent other gunshots penetrating the house. A four -foot fence is not
high enough to prevent this.
The house is not on a corner lot, so the fence will not hamper visibility on
any street intersection. I respectfully request that you allow a variance
on fence height at this location.
Sincerely,
Singletree Realty, LLC
Richard Johnson, Member
BOARD OF ADJUSTMENT - VOTE RECORD
DATE: October 20, 2022
Time In / Time OutI
Time: 4:OOPM
In Out
ALLISON, FRANK
✓
BERTRAM, JAMES
✓
GRINDER, AUSTIN
A
RUSSELL, JEREMIAH
✓
JAMES HARKINS
✓
Min
Consent Regular
Agenda Agenda
ITEM & VOTE Item Number:
1,2,3,4 5
ALLISON, FRANK ✓
✓ ✓
BERTRAM, JAMES ✓
✓ ✓
GRINDER, AUSTIN A
A A
RUSSELL, JEREMIAH ✓
✓ ✓
JAMES HARKINS ✓
✓ ✓
AYE X_NAYE A_ABSENT R_RECUSE Meeting Adjourned 4:24 PM
OCTOBER 20, 2022
There being no further business before the Board, the meeting was adjourned at 4:24 p.m.
Date:
Chairman Secretary