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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 2 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 1 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