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
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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
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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.
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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