boa_11 17 2022LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
NOVEMBER 17, 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 October 20, 2022 meeting
of the Board of Adjustment
Members Present: Frank Allison -Chairman
Austin Grinder -Vice Chair
Richard Bertram
James Harkins
Members Absent: Jeremiah Russell
City Attorney Present: Kristen Green
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA PROCEDURE
NOVEMBER 17, 2022
4:00 P.M.
I. Roll Call and Finding of a Quorum
II. Approval of the Minutes of the October 20, 2022
meeting of the Board of Adjustment
III. Presentation of Consent Agenda
IV. Presentation of Hearing Items
LITTLE ROCK BOARD OF ADJUSTMENT
ABBREVIATED AGENDA
NOVEMBER 17, 2022
4:00 P.M.
I. OLD BUSINESS:
A. Z-8608-A 3501 Old Cantrell Road
II. NEW BUSINESS:
1. Z-5333-A 501-503 E. 21 st Street
2. Z-9729 25 LaScala Court
3. Z-9730 91 Orle Circle
4. Z-9735 14314 Orleans Drive
5. 2023 Board of Adjustment Calendar Draft
NOVEMBER 17, 2022
ITEM NO. A 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.
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NOVEMBER 17, 2022
ITEM NO. A 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, five (5) spaces have been placed adjacent to the
Mart Drive right -of way on the east and three (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 ten (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 five (5) on -site
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 -site
parking spaces of which 50% are required to be located on site. The applicant has
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NOVEMBER 17, 2022
ITEM NO. A Z-8608-A
provided a lease agreement from Rainy Abstract Company across the street 3420
Old Cantrell Rd indicating 58 parking spaces dedicated to the restaurant. 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
five (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 five (5) on -site parking spaces to allow for additional outdoor eating
as per the staff analysis and subject to the following conditions:
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 one (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.
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NOVEMBER 17, 2022
ITEM NO. A 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.
Board of Adjustment (NOVEMBER 17, 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 remained 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.
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NOVEMBER 17, 2022
ITEM NO. 1 Z-5333-A
File No.: Z-5333-A
Owner. Jaybird Investments LLC
Applicant: Mike Orndorff
Address: 501-503 E 21st St
Z-5333-A
Legal Description: Lots 1 & 2, Block 407, Duvall's Subdivision to Little Rock,
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 front yard
setback.
Justification: The applicant's justification is presented as per the attached
letter.
Present Use: Vacant
Proposed Use: Mixed -use, Residential / Retail
STAFF REPORT
A. Planning and Development Civil Engineering:
No Comments
B. Landscaae 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 north and south 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
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NOVEMBER 17, 2022
ITEM NO. 1 (CON'T.) Z-5333-A
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.
4. A land use buffer six (6) percent of the average width / depth of the lot will be
required when an adjacent property has a dissimilar use of a more restrictive
nature. As a component of all land use buffer requirements, opaque screening,
whether a fence or other device, a minimum of six (6) feet in height shall be
required upon the property line side of the buffer. A minimum of seventy (70)
percent of the land use buffer shall be undisturbed. Easements cannot count
toward fulfilling this requirement. The plantings, existing and purposed, shall be
provided within the landscape ordinance of the city, section 15-81.
Screening requirements will need to be met adjacent to the north
residential zoned property. Surveyor to mark and place protective fencing
adjacent to the residential buffer before any site work begins.
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.
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
C. Building Codes Comments:
No Comment.
D. Staff Analysis:
The C-3 zoned property located on the southeast corner of E. 21st and Commerce
Streets was until recently occupied by a small one-story masonry building. The
800 square foot structure was built in 1925 and has served various commercial
ventures throughout the years, including a coffee shop, hair salon, and daycare.
Recently the building has stood unoccupied and was razed by the owner to provide
for a new mixed -use property.
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NOVEMBER 17, 2022
ITEM NO. 1 (CON'T.) Z-5333-A
The property to the east is occupied by a park while the properties north of the site
are zoned C-3 across 21 st Street.
The overall site is divided by two (2) 0.16 acre lots. The applicant has stated that
they intend to construct two (2) separate buildings for each of these parcels. Both
buildings will be three (3)-stories in height with retail space and residential on the
ground floor and apartments and townhomes on the second and third floors. The
site plan indicates Building one to be located on the corner of Lot one with first floor
retail facing 21st and S. Commerce Streets with two ground floor residential units
fronting Commerce St. at the rear of the building. Building two is shown to face E.
21st St. with two retail spaces located on the street and three residential units placed
behind these spaces on the ground floor. A courtyard will be located between the
two buildings and sixteen (16) off-street parking spaces will be provided on site
behind the buildings.
Multi -use developments supporting both retail and residential within a single building
are allowable under C-3 zoning. However, this zoning classification does require a
25-foot front yard setback. In addition, multi -family developments in this zoning are
required to adhere to R-5 zoning standards which only allow a density of thirty-six
(36) units per acre. A sixteen (16)-acre site would only allow a density of six (6) units
per acre on each lot of this development. Parking is required at the rate of 1.5 spaces
per multi -family unit and one (1) space for every 400 square feet of retail space. The
floor plans submitted by the applicant indicated twenty-one (21) residential spaces
and approximately 2075 square feet of retail space. This would require a minimum
of thirty-six (36) on -site parking spaces.
Section 36-301(e)(1) Front yard states, "There shall be a front yard having a depth
of not less than twenty-five (25) feet to the front line of the building. Additionally,
Section 36-301(e)(2) Side Yard states, "... On a corner lot, the side yard on the street
side or exterior side shall be equal to the front yard setback." Therefore, the applicant
is requesting a variance to allow the building to be constructed with a 0-lot line
placing the structures on the property line adjacent to the E. 21st and S. Commerce
Streets right-of-way
Section 36-259(b)(1)(b) states, "Multifamily residential structures not to exceed
thirty-six (36) units per gross acre." Therefore, the applicant is requesting a variance
to increase the density of the sites to allow twelve (12) residential units on Lot 1 and
thirteen (13) residential units on Lot 2.
Section 36-502(b)(1) Residential Uses (c)(2) states, "Other, 1.5 spaces per unit."
and Section 36-502(b)(3)(a) states, "General business and retail sales (except as
otherwise provided herein). One (1) space per four hundred (400) square feet of
gross floor area...." Therefore, the applicant is requesting that the on -site parking
requirements for this mixed -use development be reduced to sixteen (16) on -site
parking spaces.
Historically, this section of E. 21st Street was the commercial center of the
neighborhood, and it is reflected in the current zoning, as most surrounding
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NOVEMBER 17, 2022
ITEM NO. 1 (CON'T.) Z-5333-A
properties are zoned C-3, General Commercial district on both sides of the street
with the remainder of the properties being zoned R-4. The Pettaway Neighborhood
is seeing continued investment in the construction of new homes and renovation of
older homes.
A similar development is under construction northwest of the subject property in the
400 block of E. 21st Street. A PCD was approved in June of 2020 that provided for
a multi -building mixed use development that included six (6) buildings with
residential, office and commercial uses. Each building will be two (2) stories in
height, with the building height not to exceed thirty-five (35) feet. As part of the
development the buildings were allowed to be constructed adjacent to the front
property line and interior parking was reduced.
Staff views the setback, density, and parking variances as reasonable. The
proposed front and side yard setbacks will not be out of character with how the
neighboring PCD property to the northwest is being developed. The density of the
project is approaching R-6 high rise development or seventy-two (72) units per acre.
The largest living unit measures at approximately 700 square feet with the smallest
apartment measuring approximately 400 Square feet.
The proposed parking does not meet the north or south or perimeter planting strip
requirements of a minimum of six (6)-feet nine (9)-inches. A variance from The City
Beautiful Commission will be required before the parking can be developed as
indicated on the site plan. Staff recommends reducing the parking to four (4) spaces
and providing perimeter planting areas, landscape, and screening as per Chapter
15 — Landscaping and Tree Protection.
E. Staff Recommendation:
Staff recommends approval of the side setback variance, subject to the following
conditions:
1. Compliance with the Landscape and Buffer requirements as noted in paragraph
B. of the Staff report.
2. Revise plan to remove / eliminate concrete curb and gutter from extending
beyond north property line onto adjacent property and adjacent property
alleyway frontage at the northwest portion of the site.
Board of Adjustment (NOVEMBER 17, 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 remained 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.
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NOVEMBER 17, 2022
ITEM NO. 2 Z-9729
File No.: Z-9729
Owners: James and Melinda Markus
Applicant: Jim and Melinda Markus
Address: 25 La Scala Court
Legal Description: Lot 12, Hickory Grove Subdivision, to the City of Little Rock,
Pulaski County Arkansas
Zoned: PD-R
Present Use: Single Family Residence
Proposed Use: Single Family Residence
Variance(s) Requested: A variance is requested from the building line regulations of
Sec. 31-12 to allow the continued encroachment of existing
structures across a platted building line.
A variance is requested from the compliance regulations of
Sec. 36-11 to allow the continued encroachment of existing
structures into a utility easement.
A variance is requested from the area regulations of Section
36-156 to allow the encroachment of a proposed accessory
structure into the rear yard setback.
Justification The applicant's justification is presented as per the attached
letter dated October 19, 2021.
STAFF REPORT
A. Planning and Development Civii Engineering Comments:
No Comments
B. Buffering and Landscape Comments:
No Comments
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NOVEMBER 17, 2022
ITEM NO. 2 (CON'T.) Z-9729
C. Building Codes Comments:
The required fire separation distance (building to property line) prescribed by the
building code terminates at five feet. Buildings are allowed to be closer than five
feet if they have properly constructed fire walls which provide the requisite one -hour
fire resistance rating. When buildings are five 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 feet
from the property line and are prohibited when the exterior wall is less than three
feet from the line. There is no restriction on openings when the exterior wall is more
than three feet from the property line.
Contact the City of Little Rock Building Codes (501)371-4832 for additional details.
D. Staff Analysis:
On October 16, 2003, the developer of the community where the subject property
resides. proposed to amend the PD-R to allow the creation of 65 detached single-
family lots on the 38.62-acre site. The developer indicated the retention of the green
spaces as was previously proposed in the areas to the north and south of the site.
The applicant requested variances from the Subdivision Ordinance to allow an
increased depth to width ratio, a reduced front lot width, a reduced platted building
line and reduced side and rear yard setbacks for specific lots within the development.
As part of the above -mentioned development the subject property at 25 La Scala Ct
is located west of Hinson Road and north of Dorado Beach Drive within the gated
residential community of the Hickory Grove Subdivision and is surrounded by other
similar residences within this planned community. The homes on the north and east
side of La Scala are also bordered by a heavily wooded open space adjacent to their
rear property lines.
The applicant is proposing to build a new home on this vacant lot. The proposed
residence is shown to be built to the platted five (5)-foot front and side building lines.
The survey indicates a ten (10)-foot platted building line at the rear of the property
and the homes northeast corner is shown to be located approximately twelve (12)
feet from this border at the closest point. As part of the development the homeowner
also desires to construct a covered patio and in -ground swimming pool at the rear
of the property. The applicant has stated, to allow safe circulation between the house
and these accessary structures the patio and pool will need to be located no further
than one (1)-foot from the rear property line. The sketch indicates that covered patio
will be located three (3)-feet from the west (side) property line and both the patio and
pool will be offset one (1)-foot from the rear property line and run parallel to this
boundary.
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NOVEMBER 17, 2022
ITEM NO. 2 (CON'T.) Z-9729
Section 31-12(b) of the City's Subdivision Ordinance states, "In those instances
where a recorded subdivision plat has established building setback lines in
accordance with this chapter variances of those lines shall only be granted by the
Board of Adjustment." Therefore, the applicant is requesting a variance to allow a
reduction of the ten (10)-foot platted rear building line to one (1)-foot.
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 the
construction of the covered patio and in -ground swimming pool with a reduced rear
yard setback and be constructed no more than one (1)-foot from the rear property
line.
Note: the ten (10)-foot rear building line is indicated as an easement on the recent
BOA item for the next -door property at 23 La Scala. The survey for this property only
indicates the ten (10)-foot building 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 the continued encroachment of
existing structures into a utility easement.
The applicant is requesting that building line encroachments be allowed on the rear
(north), of the property for the purposed accessory structures. A similar variance was
approved by the BOA in March of 2021 for the adjacent property to the east at 23
La Scala. The approved variance allowed the continued encroachment of existing
structures to remain as constructed, crossing the platted building line, and allowing
an accessory structure to be located closer than three (3)-feet from the rear property
line. Similar to the applicants request the adjacent property variance included a
covered patio, pool, and hot tub constructed within the platted rear yard setback
approximately 0.5 feet from the property line at its closest point.
In Staffs opinion, the proposed building line set back, poses no negative effect upon
the health, safety, or welfare of the general public, and does not detract from the
value or aesthetic of the neighborhood or surrounding properties. In addition, 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.
If the Board approves the requested building line setback variance, the applicant
must then produce a one -lot replat reflecting the approved change. As such, the
applicant must also review filing procedures with the County Clerk's office to
determine if the replat will require a revised Bill of Assurance and respond as
necessary and appropriate, as part of said replat.
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NOVEMBER 17, 2022
ITEM NO. 2 (CON'T.) Z-9729
E. Staff Recommendation:
Staff recommends approval of the requested variances for the continued
encroachment of structures across a platted building line, the encroachment of a
structure in an utility easement, and the encroachment of an accessory structure in
a rear yard setback as per the staff analysis and subject to the following conditions:
1. Completion of a replat reflecting the above -described building line change.
2. A building permit being obtained for all construction.
3. Compliance with the Building Codes requirements as noted in paragraph C. of the
Staff report.
Board of Adjustment (NOVEMBER 17, 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 remained 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.
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NOVEMBER 17, 2022
ITEM NO. 3 Z-9730
File No.: Z-9730
Owners: Reddy Sanjeeva Onteddu & Sukanthi Kovvuru
Applicant: Hemachand Atluri — HRPG HOMES LLC
Address: 91 Orle Circle
Legal Description: Lot 44, Block 113 of Chenal an Addition to the City of Little
Rock, Pulaski County, Arkansas
Zoned: R-2
Present Use: Vacant
Proposed Use: Single-family Residence
Variance(s) Requested. A variance is requested from the building line regulations of
Sec. 31-12 to allow the encroachment of structure across a
platted building line.
A variance is requested from the area provisions of Section
36-156(a)(2)(f) to allow an accessory building with a reduced
setback from a side and rear yard property line.
Justification- The applicant's justification is presented as per the attached
letter.
STAFF UPDATE
On November 9, 2022 the applicant requested this application be deferred until December
15, 2022. Staff supports the deferral request.
Board of Adjustment (NOVEMBER 17, 2022)
The applicant was not present. There were no persons present registered in opposition.
Staff informed the Board that on November 9, 2022, the applicant requested the
application be deferred to the December 15, 2022 meeting. Staff supports the deferral
request. There was no further discussion. The item remained on the Consent agenda
for deferral as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent.
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NOVEMBER 17, 2022
ITEM NO. 4 Z-9735
File No.: Z-9735
Owners: Julien and Rachel Hubert
Applicant: Julien Hubert
Address: 14314 Orleans Drive
Legal Description: Lot 449, Saint Charles an Addition to the City of Little Rock
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 on the attached
application.
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 14314 Orleans Drive is located within a predominantly
residentially zoned West Little Rock neighborhood. The subject property is
located in the Saint Charles subdivision north of Chenal Parkway, west of Loyola
Drive and east of Wellington Village Rd. The property is located on the northwest
side of Orleans Drive, the second parcel north of the intersection of LaSalle Drive. A
drive is located on the west side of the property that leads from Orleans Drive to the
attached two (2)-car garage at the rear of the home. The two-story brick and frame
home was constructed in 1993 and is surrounded by similar houses built in the same
time.
The existing home is constructed within the building setbacks for an R-2 property
with the attached 23x20 foot garage constructed to the twenty-five (25)-foot rear yard
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NOVEMBER 17, 2022
ITEM NO. 4 (CON'T.) Z-9735
setback line. A platted five (5)-foot utility easement is located adjacent to the property
line and the remainder of the home, including the existing covered deck has been
located approximately forty (40)-feet from this rear boundary.
The applicant is proposing to build garage addition that would extend the primary
structure across the rear yard setback. The applicant has stated that the extension
will increase their storage and help comply with the HOA requirements regarding the
storage of a trailer or small boat. In addition, it has been stated that the addition will
barely be noticeable from the street, will not block the view of any neighbors, and
will provide additional privacy for the homeowner.
The proposed structure will incorporate an upper story and extend 16-feet from the
existing house. The addition will connect the existing gable roof using the same two-
story profile. While being constructed in the same style of the existing house
matching roof and siding materials will be used to maintain unity. The footprint of the
proposed addition will be represented by a twenty-three (23)-foot deep by sixteen
(16)-foot-wide rectangle excluding a small driveway addition that will be required to
access the new garage. The expansion of the primary structure will locate the home
a maximum of 9-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 requests a variance to
allow the extension of the primary structure sixteen (16)-feet into the rear yard
setback.
The survey and sketches provided by the applicant indicate that the addition to the
primary structure will cross the twenty-five (25)-foot rear yard setback line sixteen
(16)-feet reducing the rear yard setback to nine (9)-feet. In Staff s 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.
E. Staff Recommendation:
Staff recommends approval of the requested rear yard setback reduction from
twenty-five (25) feet to a minimum of nine (9)-feet as outlined in the above staff
analysis and on the submitted sketch.
Board of Adjustment (NOVEMBER 17, 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 remained 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.
2
NOVEMBER 17, 2022
There being no further business before the Board, the meeting was adjourned at 4:08 p.m
Date:
Chairman Secretary