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boa_02 16 2023LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE FEBRUARY 16, 2023 4:00 P.M. I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the January 19, 2023 meeting of the Board of Adjustment Ill. Presentation of Consent Agenda IV. Presentation of Hearing Items LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES FEBRUARY 16, 2023 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 January 19, 2023 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 FEBRUARY 16, 2023 4:00 P.M. I. OLD BUSINESS: A. Z-9730 91 Orle Circle II. NEW BUSINESS: 1. Z-4807-V Lot 2 Tract 300 Chenal Valley 2. Z-9750 6223 Cantrell Road 3. Z-9752 200 S. Bowman Road 4. Z-9754 1909 N. Spruce Street FEBRUARY 16, 2023 ITEM NO.: A Z-9730 File No.: Z-9730 Owners: Reddy Sanjeeva Onteddu & Sukanthi Kovvuru Applicant: Hemachand Atluri -HRPG HOMES LLC Address: 91 Orie Circle Legal Description: Lot 44, Block 113 of Chenal an Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: R-2 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 in an attached Present Use: Vacant Proposed Use: Single-family Residence 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. Board of Adjustment (DECEMBER 15, 2022) The applicant was not present. There were no persons present registered in opposition. Staff presented the application to the Commission and stated it supported the applicants request to defer the application to the February 16, 2023 meeting. Staff supports the 1 FEBRUARY 16, 2023 ITEM NO.: A (CON'T) Z-9730 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. STAFF UPDATE The application needs to be deferred to the March 16, 2023 agenda, as there is additional information the applicant needs to submit to staff, so that staff can adequately review the application. Board of Adjustment (FEBRUARY 16, 2023) The applicant was present. There were no objectors present. Staff informed the Commission that the application needs to be deferred to the March 16, 2023 agenda, as there is additional information the applicant needs to submit to staff for staff to adequately review the application. The item remained on the Consent agenda for deferral as recommended by staff. The vote was 4 ayes, 0 nays, and 1 absent. 2 FEBRUARY 16, 2023 ITEM NO.: 1 Z-4807-V File No.: Z-4807-V Owners: Deltic Real Estate, LLC Applicant: Tim Daters, White-Daters & Associates Address: Southwest Corner of Rahling Road and Kirk Road Legal Description: Lot 2, Tract 300 (unrecorded), Chenal Valley Addition Current Zoning: C-1 Present Use: Undeveloped Proposed Use: Bank Variance(s) Requested: Variances are requested from the development provisions and the area provisions of Section 36-299 to allow a new building with increased area and building height. Justification: The applicant's justification is presented in an attached letter. STAFF REPORT: A.Planning and Development Civil Engineering Comments: No comments. 8.Landscape and Buffer Comments: All landscaping and buffer areas for the new development must comply with Chapters 15 and 36 of the City of Little Rock Code of Ordinances. C.Building Codes Comments: No comments required. D.Analysis: The C-1 zoned property located at the southwest corner of Rahling Road and Kirk Road is comprised of 2.63 acres and is currently undeveloped. The property is mostly tree covered and generally slopes downward from north to south and from east to west. The applicant proposes to construct a bank building on the site as noted on the attached site plan. The proposed bank building will be located within the east half of the lot, with paved parking on the east and west sides of the building. Access drives will be located at the northwest and southeast corners of the property, from Rahling 1 FEBRUARY 16, 2023 ITEM NO.: 1 (CON'T.) Z-4807-V Road and Kirk Road respectively. The proposed building will be three (3) stories in height, with a total floor area of approximately 16,390 square feet. The proposed building will have a two-story height as viewed from the north and east (street frontages), and a three-story height as viewed from the low sides of the property (west and south elevations). The total building height will be 57 feet, as viewed from the lowest finished floor (west and south elevations) to the highest point of the building's flat roof. The building will have a height of 43 feet as viewed from the two (2) streets (north and east elevations). Section 36-299(b)(2)(a) of the City's Zoning Ordinance provides the following development criteria for C-1 zoned property: (2) There shall be a maximum gross leasable area of five thousand (5,000) square feet per establishment, except that one (1) establishment may have not more than ten thousand (10,000) square feet. The applicant is proposing a single use building with an area of approximately 16,309 square feet. Therefore, the applicant is requesting a variance for the increased floor area. Section 36-299(d) allows a maximum building height of 35 feet for C-1 zoned property. The proposed building will have a height of 57 feet as viewed from the low sides of the property (west and south elevations). The applicant is also requesting a variance to allow the increased building height. Staff is supportive of the requested variances. Staff views the request as reasonable, as the property is located at the minor arterial/minor arterial intersection of Rahling Road and Kirk Road. C-1 Neighborhood Commercial zoning is typically located in closer proximity to single family neighborhoods and not at major intersections. Given the property's location and the site's topography, staff believes that the building height and building area variances are appropriate and should have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested building height and area variances, subject to the descriptions and any conditions in the "staff analysis," and the following conditions: 1. A building permit being obtained for all construction. 2. Abide by all site development requirements for C-1 zoned properties. 3. Compliance with the Landscape and Buffer requirements of Chapters 15 and 36 of the City code. 1 JANUARY 19, 2023 ITEM NO.: 1 (CON'T) Z-4807-V Board of Adjustment (FEBRUARY 16, 2023) The applicant was present. There were no objectors present. Staff presented the item and a recommendation for approval as outlined in the "Staff Recommendation" above. There was no further discussion. There was a consent motion to approve the application. The application was approved on consent. The vote was 4 ayes, 0 nays and 1 absent. 2 FEBRUARY 16, 2023 ITEM NO.: 2 Z-9750 File No.: Z-9750 OWNER: Cantrell LLC APPLICANT: Henry Louden ADDRESS: 6223 Cantrell Road LEGAL DESCRIPTION: The South 129 feet of Lot 69 and the South 129 feet of the West Y2 of Lot 70, Normandy Addition CURRENT ZONING: R-2 PRESENT USE: Single -Family Residence PROPOSED USE: Single -Family Residence VARIANCE(S) REQUESTED: A variance is requested from the area provisions of Section 36-254 to allow a residence with a reduced side yard setback. JUSTIFICATION: The applicant's justification is presented in an attached letter. STAFF REPORT: A. PLANNING AND DEVELOPMENT CIVIL ENGINEERING COMMENTS: No comments required. B. LANDSCAPE AND BUFFER COMMENTS: No comments. 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. 1 JANUARY 19, 2023 ITEM NO.: 2 (CON'T) Z-9750 Contact the City of Little Rock Building Codes (501)371-4832 for additional details. D. ANALYSIS: The R-2 zoned property located at 6223 Cantrell Road is occupied by a 2,319 square foot, two-story single-family residence. The survey indicates a lot width of 75 feet along Cantrell Road, a width of 75 feet along the south property line and a depth of 129 feet. The residence is set over 25 feet from the front (north) and rear (south) property lines. As part of the improvement to the residence, the applicant will construct a 156 square foot addition on the east side of the residence, two (2) feet from the east property line. All other setbacks comply with required minimum setbacks in the R-2 zoning district. The addition would follow the roof line at the rear center portion of the house. The addition would maintain the consistent and uniform roof line in the rear. The addition would also not require modifying any existing structural configurations to the existing dwelling. The applicant is also proposing to construct a 12' x 25' (300 square feet) pool in the rear yard of the residence. The proposed pool complies with the required building separation and minimum setbacks for accessory structures in the R-2 zoning district. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side yard setback of 7.5 feet for the principal structure on this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the addition to be constructed with a reduced side yard setback of two (2) feet along the east side property line. Staff is supportive of the requested side yard setback variance. Staff views the request as reasonable. The existing dwelling has a garage structure that is two (2) feet from the side (east) property line. The proposed addition would follow the same wall line as the existing garage and be two (2) feet from the property line. The applicant does not plan on installing any windows facing the neighboring residence to the east. Staff views the variance as very minor in nature and feels the reduced side yard setback will have no adverse impact on the surrounding properties. E. STAFF RECOMMENDATION: Staff recommends approval of the requested side yard setback variance, subject to the descriptions and any conditions in the "staff analysis", and the following conditions: 1. A building permit being obtained for all construction. 2. Compliance with the Building Code requirements as noted in paragraph C. of the staff report. 2 JANUARY 19, 2023 ITEM NO.: 2 (CON'T.) Z-9750 Board of Adjustment (FEBRUARY 16, 2023) The applicant was present. There were no objectors present. Staff presented the item and a recommendation for approval as outlined in the "Staff Recommendation" above. There was no further discussion. There was a consent motion to approve the application. The application was approved on consent. The vote was 4 ayes, 0 nays and 1 absent. 3 FEBRUARY 16, 2023 .ITEM NO.: 3 Z-9752 File No.: Z-9752 Owner: ARI EAT LLC Applicant: Jesse Griffin Engineers Address: 200 South Bowman Legal Description: Lot 3, Rock Creek Square Subdivision to Little Rock, Arkansas Current Zoning: C-3 Present Use: New Construction Proposed Use: Commercial Eating Place Variance(s) Requested: A variance is requested from the area provisions of Section 36-301 to allow a building addition with a reduced front yard setback in a C-3 District. Justification: The applicant's justification is presented in an attached letter. STAFF REPORT: A. Planning and Development Civil Engineering Comments: No comments. B. Landscape and Buffer Comments: No comments. C. Buildina Codes Comments: No comments. D. Analysis: The C-3 zoned .94-acre property located on the central portion of the block at 200 South Bowman Road was until recently a section of a larger parking lot to a retail development. The applicant has constructed a new 4,445 square foot restaurant structure located at the east edge of the site bordering Bowman Road. The development contains drive- thru lanes which circle the structure from the west to the east with a parking area centered on the site adjacent to the west fagade (main entry) of the restaurant. 1 FEBRUARY 16, 2023 ITEM NO,: 3 (CON'T.) Z-9752 The property is bordered to the south and west by a large multi -occupant retail structure with paved parking area for approximately 300 vehicles. The property is bordered to the north by a single retail structure with a parking area and Bowman Road to the east. The applicant has stated that they intend to add a canopy system on the east side of the structure for cover above a two (2) lane divided drive. The canopy system will be approximately 1,250 square feet in area and be constructed of similar materials as the restaurant structure. The applicant states the canopy system will extend east from the restaurant structure toward Bowman Road fourteen (14) feet beyond the building setback line to provide adequate coverage for the drive-thru lanes. 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. Therefore, the applicant is requesting a variance to allow the canopy structure to extend into the set back. Staff is supportive of the requested setback variance. Staff views the request as reasonable. The proposed canopy will be situated slightly lower than the street and will have a front yard setback relatable to other structures in the immediate area. Staff believes the proposed addition to the front of the building will have no adverse impact on the adjacent properties or the general area. E. Staff Recommendation: Staff recommends approval of the requested front yard setback reduction from 25-feet to a minimum of 12-feet as outlined in the staff analysis and indicated on the submitted site plan. Board of Adjustment (FEBRUARY 16, 2023) The applicant was present. There were no objectors present. Staff presented the item and a recommendation for approval as outlined in the "Staff Recommendation" above. There was no further discussion. There was a consent motion to approve the application. The application was approved on consent. The vote was 4 ayes, 0 nays and 1 absent. 2 FEBRUARY 16, 2023 ITEM NO.: 4 Z-9754 File No.: Z-9754 Owners: DJC Trust (John & Stephanie Wade) Applicant: Jim Yeary, Yeary Lindsey Architects Address: 1909 N. Spruce Street Legal Description: Lot 93 and the north 1/2 of Lot 94, Shadowlawn Addition Current Zoning: R-2 Present Use: Single Family Residential Proposed Use: Single Family Residential Variance(s) Requested: Variances are requested from the area provisions of Section 36-254(d)(2) and (d)(3) to allow a building addition with reduced side and rear setbacks. Justification: The applicant's justification is presented in an attached letter. STAFF REPORT: A. Planning and Development Civil Engineering Comments: No comments. B. Landscape and Buffer Comments: In October 2020 the City adopted the "Heights Landscape Design Overlay District," requiring installation of one (1) tree per forty (40) linear feet of street frontage within the Heights District boundary, applicable to [among other types] residential construction in excess of 600 square feet. C. Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5) feet if they have properly constructed fire walls which provide the requisite one (1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors an 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 FEBRUARY 16, 2023 ITEM NO.: 4 (CON'T.) Z-9754 Contact the City of Little Rock Building Codes at 371-4832 for additional details. D. Analysis: The property located at 1909 N. Spruce Street is occupied by a two-story brick and rock single family residence. A one -car wide driveway from N. Spruce Street is located at the northwest corner of the lot. A two-story accessory garage structure is located at the northeast corner of the lot. The applicant proposes to remove the accessory garage structure from the site and construct a 42 feet-1 inch by 46 feet-3-inch addition to the southeast corner of the residence, as noted on the attached site plan. The proposed addition will be one (1) story in height. The proposed addition will be located 4 feet-8 inches from the south side property line, 28 feet from the north side property line and 5 feet-2 inches from the rear (east) property line. The driveway which runs along the north side of the residence will connect to the proposed addition. Section 36-254(d)(2) of the City of Little Rock Zoning Ordinance requires a minimum side setback of 7.5 feet for this R-2 zoned lot. Section 36-254(d)(3) requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances to allow the proposed addition with reduced side and rear setbacks'. Staff is supportive of the requested variances. Staff views the request as reasonable, if no future accessory structures are constructed in the remaining rear yard area. The proposed building addition has essentially the same massing/lot coverage as a building addition to the required rear setback line in combination with a large accessory structure. Staff believes the proposed building addition will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested side and rear yard variances, subject to the descriptions and any conditions in the "staff analysis," and the following conditions: 1. A building permit being obtained for all construction. 2. Install trees, if deemed applicable at the time of building permit, in accordance with the Heights Design Overlay District requirements. 3. No future accessory building will be allowed on the lot. Board of Adjustment (FEBRUARY 16, 2023) The applicant was present. There were no objectors present. Staff presented the item and a recommendation for approval as outlined in the "Staff Recommendation" above. There was no further discussion. There was a consent motion to approve the application. The application was approved on consent. The vote was 4 ayes, 0 nays and 1 absent. 2 FEBRUARY 16, 2023 There being no further business before the Board, the meeting was adjourned at 4:10 p.m. Date: Chairman Secretary