boa_03 16 2023LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA PROCEDURE
MARCH 16, 2023
4:00 P.M.
I.Roll Call and Finding of a Quorum
II.Approval of the Minutes of the February 16, 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
MARCH 16, 2023
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being five (5) in number.
II. Approval of the Minutes of the February 16, 2023 meeting
of the Board of Adjustment
Members Present: Frank Allison -Chairman
Austin Grinder -Vice Chair
Richard Bertram
James Harkins
Jeremiah Russell
Members Absent: None
City Attorney Present: Sherri Latimer
LITTLE ROCK BOARD OF ADJUSTMENT
ABBREVIATED AGENDA
MARCH 16, 2023
4:00 P.M.
I. OLD BUSINESS:
No old business
II. NEW BUSINESS:
1. Z-7315-C 322 S. Broadway Street
2. Z-8848-A 2100 North Polk
3. Z-9757 5300 Centerwood Road
4. Z-9758 93 Orie Circle
5. Z-9759 2104 North Polk
MARCH 16, 2023
ITEM NO.: 1 Z-7315-C
File No.: Z-7315-C
Owners: Metropolitan Land Co. LLC
Applicant: Stuart Mclendon
Address: 322 S Broadway
Northwest Corner of Broadway Street and W 4th Street
Legal Description: Lot 7, 8, and 9, Block 118 Original City of Little Rock
Zoned: UU Urban Use District
Present Use: Surface Parking
Proposed Use: Drive-Thru Restaurant
Variance(s) Requested: The sign provisions of Sec. 36-342.1 to allow a ground
mounted pylon sign in a UU district.
Justification: The applicant's justification is presented as per the attached
letter dated January 17, 2023
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:
Tropical Smoothie is constructing a new stand-alone, vehicular-oriented restaurant
on the Urban Use (UU) zoned property at 322 S. Broadway Street. The property
consists of .05 acres and is located the northwest corner of Broadway and W. 41n
Streets.
In August of 2022 the applicant received approval from the Board of Adjustment for
several variances from the UU district development criteria established in Section
36-342. 1. As part of this approval a six (6) foot high sixty-four (64) square foot ground
mounted monument sign with a stone base was allowed along the border of the
property adjacent to the Broadway Street right-of-way.
1
MARCH 16, 2023
ITEM NO.: 1 (CONT.) Z-7315-C
The applicant is now requesting an addition al variance to allow the previously
approved monument sign to the replaced by a twenty (20) foot high pylon mounted
backlite sign to be placed in the same location adjacent to the Broadway Avenue
right-of-way. The applicant has stated that, visibility plays a critical role in insuring
patrons can see the store location and have ready access. The proposed sign is
indicated to have an area of sixty-four (64) square feet and shown to be placed in a
parking island at the southeast corner of the site.
Section 36-342.1 (c)(11) Signs, states, Ground-mounted signs in the "UU" zoning
district are discouraged and may only be permitted as a variance as per division 2
of this chapter. Therefore, the applicant is requesting a variance to allow for a ground
mounted sign.
The revised signage proposal plan submitted indicates a wall mounted on the west
elevation of the new structure facing an alleyway and adjacent parking area. The
proposed sign will be approximately ten (10) feet in length and approximately three
(30 feet in height matching previously approved sign dimensions located on the north
and east facades of the building.
Section 36-557 (a) Special provisions for on-premises signs and other sale
promotion devices., states, "All on-premises wall signs must face required street
frontage." Therefore, the applicant is requesting a variance to allow a proposed
wall sign on the west building facade, which will have no direct street frontage.
Staff is supportive of the requested variance for a proposed wall mounted sign on
the east fac;ade of the proposed structure. Staff views the request as reasonable.
Staff views this request as minor in nature and feels that the additional sign location
will have no adverse impact on the surrounding properties.
However, staff is not supportive of the request to have a twenty (20) foot high pylon
mounted sign along South Broadway. Staff believes that the requested variance is
not appropriate for the pedestrian-oriented area surrounding the site. Staff believes
the proposed sign will have limited visibility due to the height and proximity to the
street of the surrounding structures and that the previously approved ground
mounted monument sign fulfills the intent to provide visibility to both pedestrians and
vehicular traffic in the area.
E.Staff Recommendation:
Staff recommends approval of the requested variance to allow a wall sign without
street frontage, subject to the descriptions and any conditions contained in the "staff
analysis".
Staff recommends denial of the requested ground mounted sign variance.
2
MARCH 16, 2023
ITEM NO.: 1 (CONT)
Board of Adjustment
Z-7315-C
(MARCH 16, 2023)
The applicant was present. There were no objectors present. Staff presented two
applications to the Commission and stated it recommended denial of a variance from the
sign regulations of Section 36-342.1 to allow a ground mounted sign in an Urban Use
Zoning. Also, Staff recommended approval of a variance to the sign regulations of
Section 36-553 to allow a wall mounted sign without street frontage. There was no further
discussion. There was a motion to deny the application for the ground mounted sign. The
application was denied. The vote was 5 ayes, 0 nays and O absent. There was a motion
to approve the application for the wall sign. The application was approved. The vote was
5 ayes, 0 nays and O absent.
3
MARCH 16, 2023
ITEM NO.: 2
File No.:
Owner:
Applicant:
Address:
Legal Description:
Current Zoning:
Present Use:
Proposed Use:
Variance(s) Requested:
Justification:
STAFF REPORT:
Z-8848-A
Porter Briggs & Diane Wilder
Melinda Markus
21 00 N Polk Street
Z-8848-A
The South 70 feet of Lots 13 and 14, Block 21, Newton's
Addition
R-2
Single-Family Residence
Single-Family Residence
A variance is requested from the area provisions of
Section 36-254 to allow a residence with a reduced
front yard setback.
The applicant's justification is presented in an attached
letter
A.PLANNING AND DEVELOPMENT CIVIL ENGINEERING COMMENTS:
No comments required.
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 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 (3)
feet from the property line and are prohibited when the exterior wall is less than three
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MARCH 16, 2023
ITEM NO.: 2 (CONT) Z-8848-A
(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.
Contact the City of Little Rock Building Codes (501) 371-4832 for additional details.
D.ANALYSIS:
The R-2 zoned property located at 2100 N Polk Street is occupied by a 1,904 square
foot, one-story single-family residence. The survey indicates a lot width of 70 feet
along N Polk Street and a depth of 100 feet. The residence sits 22 feet from the front
(east) property line and over 25 feet from the rear (west) property line.
As part of the improvement to the residence, the applicant proposes to construct a
676 square foot garage addition on the east side of the residence. The site plan
shows the garage addition will have a zero (0) setback along the front (east) property
line and maintain the existing setback of seven (7) feet from the side (north) property
line. The addition would not require modifying any existing structural configurations
to the existing dwelling.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front yard
setback of 25 feet for the principal structure on this R-2 zoned lot. Therefore, the
applicant is requesting a variance to allow the garage addition to be constructed with
a reduced front yard setback of zero (0) feet along the front (east) property line.
Staff is supportive of the requested front yard setback variance. Staff views the
request as reasonable. Staff views the variance as very minor in nature and feels
the zero (0) front yard setback will have no adverse impact on the surrounding
properties. The properties to the north and south along N Polk Street have side yard
relationships with the roadway and not front yard setbacks. Some of these
residences have very little, if any, setback from their side property lines along N Polk
Street.
E.STAFF RECOMMENDATION:
Staff recommends approval of the requested zero (0) front yard setback variance,
subject to the descriptions and any conditions in the "staff analysis", and the
following condition:
1.A building permit being obtained for all construction.
Board of Adjustment (MARCH 16, 2023)
The ap plicant was present. There were no objectors present. Staff presented the
application to the Commission and stated it recommended approval of a variance from
the area regulations of Section 36-254 to allow a reduced front yard setback in an R-2
zoning. There was a consent motion to approve the application. The application was
approved on consent. The vote was 5 ayes, 0 nays and O absent.
2
MARCH 16, 2023
ITEM NO.: 3 Z-9757
File No.: Z-9757
Owners: Doug and Mona Hunnicutt
Applicant: Yeary-Lindsey Architects: Jim Yeary
Address: 5300 Centerwood Road
Legal Description: Lots 100 and 101, PROSPECT TERRACE NO. 2, an Addition to
the City of Little Rock, Pulaski County, Arkansas.
Zoned: R-2
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variance(s) Requested: A variance is requested from area regulations of Sec. 36-156
to allow an accessory structure to be less than six (6) feet from
a residence in the R-2 district.
Justification: The applicant's justification is presented as per the attached
letter date January 17, 2023.
STAFF REPORT
A Planning and Development Civil Engineering Comments:
1.A building permit must be obtained for all construction.
B.Buffering and Landscape Comments:
No Comments.
C.Building Codes Comments:
No Comments.
D.Staff Analysis:
The property located at 5300 Centerwood Road is occupied by a two-story wood
and masonry single-family residence. A two-car wide driveway from "O" Street is
located along the northwest border of the lot connecting to one-story carport
structure with a continuing access drive that proceeds south and connects to
Centerwood Road.
The applicant is proposing a fifteen (15) foot by twenty (20) foot open-air patio
structure with a wood frame trellis roof and a masonry fireplace to be located along
the north perimeter of the rear yard adjacent to "O" Street. The proposed addition
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MARCH 16, 2023
ITEM NO.: 3 (CON'T.) Z-9757
will be one (1) story in height and be located 3-feet from the north (rear) property
line and 3-feet from the residential structure to the east.
Section 36-156 (2)(b) of the City of Little Rock Zoning Ordinance requires an
accessory structure be separated from a single-family residence by a distance of not
less than six (6) feet. Therefore, the applicant is requesting a variance to allow an
accessory structure with a reduced separation from a single-family residence.
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 variances requested are generally in conformance with
the development pattern in the area. Staff believes the proposed accessory structure
will have no adverse impact on the surrounding properties.
E.Staff Recommendation:
Staff recommends approval of the requested separation 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.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 (MARCH 16, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Commission and stated it recommended approval of a variance from
the area regulations of Section 36-156 to allow an accessory structure to be less than six
(6)feet from a residence in an R-2 zoning. There was a consent motion to approve the
application. The application was approved on consent. The vote was 5 ayes, O nays and
0 absent.
2
MARCH 16, 2023
ITEM NO.: 4 Z-9758
File No.: Z-9758
Owners: Chattanya Musham
Applicant: Markus Homes Inc -Melinda Markus
Address: 93 Orie Circle
Legal Description: Lot 43, Block 113, Chenal Valley, 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 the area provisions of 36-156 to
allow a retaining wall (accessory structure) with reduced
setbacks from side and rear yard property lines.
Justification: The applicant's justification is presented in an attached letter
dated January 12, 2023.
STAFF REPORT:
A.Planning and Development Civil Engineering Comments:
1.An easement of 5' on either side of the wall for a total of a 1 O' easement shall be
provided for the wall(s).
2.A signed affidavit must be provided from each of the adjacent property owners
in acknowledgment that the easement is only for access/ease of maintenance
that could ever be needed for the wall.
3.Plans, Profiles, Calculations, and Section Views must be provided for the permit
when pulled for said wall(s). This will be classified as a structure by Arkansas
Fire Prevention Code and City Codes which state that a wall with retainage of 4ft
or greater measured from the bottom of the footing/leveling layer shall be
engineered and be permitted.
4.Staff has no problem with the wall an placement as long as the previous items
are taken care of and all provided information is supplied and completed.
B.Landscape and Buffer Comments:
No Comments
C.Building Codes Comments:
No comments required.
1
MARCH 16, 2023
ITEM NO.: 4 (CONT) Z-9758
D.Staff Analysis:
The site at 93 Orie Circle contains and recently constructed single-family dwelling
with a paved access drive extending north to Orie Circle. The lot has been mostly
cleared and slopes downward from east to west.
The applicant also proposes to construct a retaining wall to extend along the rear
(south) property line, then north along the side (east) property line and then west
along the front setback line until it intersects the dwelling. The proposed retaining
wall will have a setback of zero (0) feet from the rear and side property lines.
Section 36-156(f) of the City's Zoning Ordinance states, "accessory buildings shall
maintain at least a three (3) foot setback from any side or rear yard property line
except where said rear yard abuts on a dedicated alley. No setbacks shall be
required for an accessory building upon an alley." Therefore, the applicant is
requesting a variance to allow the retaining wall, which is considered an accessory
structure, with reduced rear and side yard setbacks.
Staff is not supportive of the reduced side and rear yard setback variance. Staff does
not view the request as reasonable and believes it will have an adverse impact on
surrounding properties.
Staff cannot support the request to construct the retaining walls on the property lines
without the following conditions being met:
1 . An easement of 5' on either side of the wall for a total of a 1 O' easement shall
be provided for the wall(s).
2.A signed affidavit must be provided from each of the adjacent property owners
in acknowledgment that the easement is only for access/ease of maintenance
that could ever be needed for the wall.
3.Plans, Profiles, Calculations, and Section Views must be provided for the
permit when pulled for said wall(s). This will be classified as a structure by
Arkansas Fire Prevention Code and City Codes which state that a wall with
retainage of 4ft or greater measured from the bottom of the footing/leveling
layer shall be engineered and be permitted.
E.Staff Recommendation:
Staff recommends denial of the requested side and rear yard setback variances.
Board of Adjustment (MARCH 16, 2023)
The applicant was present. There were no objectors present. Staff stated the
application needs to be deferred to the April 20, 2023 agenda, as there is additional
information the applicant needs to submit to staff, so that staff can adequately review
the application. The application was deferred on consent. The vote was 5 ayes, 0 nays
and O absent.
2
MARCH 16, 2023
ITEM NO.: 5 Z-9759
File No.: Z-9759
Owner: Porter Briggs
Applicant: Melinda Markus
Address: 2104 N Polk Street
Legal Description: Lot 13, Block 21, Newton's 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
front 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:
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 (b ilding 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 (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
MARCH 16, 2023
ITEM NO.: 5 (CONT.) Z-9759
Contact the City of Little Rock Building Codes (501 )371-4832 for additional details.
D.ANALYSIS:
The R-2 zoned property located at 2104 N Polk Street is occupied by a 1,756 square
foot, one-story single-family residence. The survey indicates a lot width of 69. 75 feet
along N Polk Street, a width of 70 feet along the rear property line and an average
depth of 99.82 feet. The residence sits 23.3 feet from the front (east) property line
and over 25 feet from the rear (west) property line.
As part of the improvement to the residence, the applicant proposes to construct a
529 square foot garage addition on the east side of the residence which will adjoin
the garage with the existing carport. The site plan shows the garage addition will
have a zero (0) setback along the front (east) property line and maintain the existing
setback of five (5) feet from the side (north) property line. The addition would also
not require modifying any existing structural configurations to the existing dwelling
but the applicant will enclose the carport with the garage addition.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front yard
setback of 25 feet for the principal structure on this R-2 zoned lot. Therefore, the
applicant is requesting a variance to allow the garage addition to be constructed with
a reduced front yard setback of zero (0) feet along the front (east) property line.
Staff is supportive of the requested front yard setback variance. Staff views the
request as reasonable. The existing dwelling has an existing carport that is five (5)
feet from the side (north) property line and allow the resident to enter the garage
from the concrete driveway along N Polk Street. Staff views the variance as very
minor in nature and feels the zero (0) front yard setback will have no adverse impact
on the surrounding properties. The properties to the north and south along N Polk
Street have side yard relationships with the roadway and not front yard setbacks.
Some of these residences have very little, if any, setback from their side property
lines along N Polk Street.
E.STAFF RECOMMENDATION:
Staff recommends approval of the requested zero (0) front yard setback variance,
subject to the descriptions and any conditions in the "staff analysis", and the
following condition:
1.A building permit being obtained for all construction.
Board of Adjustment (MARCH 16, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Commission and stated it recommended approval of a variance from
the area regulations of Section 36-254 to allow a reduced front yard setback in an R-2
zoning. There was a consent motion to approve the application. The application was
approved on consent. The vote was 5 ayes, 0 nays and O absent.
2
MARCH 16, 2023
There being no further business before the Board, the meeting was adjourned at 4:31 p.m.
Date:
Chairman Secretary