boa_07 20 2023LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA PROCEDURE
JULY 20, 2023
4:00 P.M.
I. Roll Call and Finding of a Quorum
II. Approval of the Minutes of the June 15, 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
JULY 20, 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 June 15, 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
JULY 20, 2023
4:00 P.M.
I. OLD BUSINESS:
None
II. NEW BUSINESS:
1. Z-3726-C 1310 Cantrell Road
2. Z-9804 1804 South Taylor Street
3. Z-9805 2221 North Spruce Street
JULY 20, 2023
ITEM NO. 1 Z-3726-C
File No.: Z-3726-C
Owner: Dillard Store Services, Inc.
Applicant: Tim Daters, White Daters Engineers
Address: 1310 Cantrell Road
Legal Description: Lots 1,2, & 3, Weeks Subdivision of Block 359, Original
City of Little Rock, Arkansas and Part of Lot 1, Allen and
Marquands Subdivision of Block 358 Original City of
Little Rock, less and except ROW.
Current Zoning: 0-3 and C-3
Present Use: Data Center
Proposed Use: Data Center
Variance(s) Requested: Variances are requested from the height and area
provisions of Section 36-516 to allow an increased
fence height from six (6) feet to eight (8) feet between
a required building setback line and a street right-of-
way.
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:
No comments required.
D. ANALYSIS:
The 0-3 / C-3 zoned property located at 1310 Cantrell Road is occupied by a single -
story office building with paved parking along the western perimeter of the site. The
building is set 25-feet from the front (south) property line bordering Cantrell Road,
200-feet from the east property line, over 180-feet from the west property line, and
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JULY 20, 2023
ITEM NO.: 1 (CON’T.) Z-3726-C
over 18 feet from the rear (north) property line bordering the Lake Terry portion of
the Arkansas River.
The building is located at the eastern most border of the larger Dillard Office campus
and serves as the primary data center for the company. The building is bordered to
the west by an existing 47-space paved parking area with an access drive
connecting to Cantrell Road to the south. The applicant is proposing to construct a
metal frame security fence, 8-foot in height, on the southwest portion of the site to
enclose the parking area and provide a gate at the access drive.
The sketch provided indicates that the fence will begin at the southwest corner of
the building and run approximately 40-feet west to the edge of the access drive to
the new access gate. The applicant states that the electric swing gate will consist
of two (2) 14-foot sections and will have an automatic card access system. The
fence is shown to then turn south and travel for 25-feet. The fence then turns west
bordering Cantrell Road along the north edge of the property for 100-feet terminating
at an existing flagstone retaining wall at the west edge of the site.
Section 36-516 (e)(2) of the City's Zoning Ordinance states that the office and
commercial fence standards; "Between a required building setback line and a street
right-of-way, the maximum height shall be six (6) feet. Other fences may be erected
to a maximum height of eight (8) feet." Therefore, the applicant is requesting a
variance to allow a security fence to a height to eight (8) feet between the building
setback line and a street right-of-way.
Staff is supportive of the requested fence height variance. Staff views the request
as reasonable and the variance request to generally be in conformance with the
development pattern in the area and notes that nearby office and commercial
developments have similarly constructed security fences. The proposed fence will
essentially enclose the parking area of the property and provide controlled access
to the site in general. Staff believes that the increased fence height will have no
adverse impact on the surrounding properties.
E. STAFF RECOMMENDATION:
Staff recommends approval of the requested fence height variance to allow a
security fence to be constructed to a height of 8-feet between the required building
setback and the street right-of-way as per the staff analysis and submitted survey /
site plan.
Board of Adjustment (JULY 20, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Board and stated it recommended the fence height variance be
approved as per staff report. There was a consent motion to approve the application. The
motion as seconded. The application was approved on consent. The vote was 5 ayes, 0
nays and 0 absent.
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JULY 20, 2023
ITEM NO. 2 Z-9804
File No.: Z-9804
Owners: Marthelle Q. Hadley
Applicant: Marthelle Q. Hadley
Address: 1804 South Taylor Street
Legal Description: Lot 2, Block 20, Cherry and Cox Addition to the City of Little
Rock, Pulaski County Arkansas
Zoned: R-3
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 located closer than sixty
(60) feet to the front property line.
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.
A variance is requested from area regulations of Sec. 36-254
to allow a reduced front yard setback in the R-2 district.
Justification: The applicant's justification is presented as per the attached
letter.
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 located 1804 South Taylor Street is occupied by a one-story
single-family dwelling. The property is located on the west side of the street with an
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JULY 20, 2023
ITEM NO. 2 (CON'T.) Z-9804
access drive located at the southeast side of the property connecting to South Taylor
Street.
The applicant has stated that they have installed a 12-foot x 26-foot wood frame
carport in the front of the home which is 8-feet in height. The carport partially covers
the existing access drive. The provided sketch shows that the carport is separated
from the primary structure by approximately 2-feet and extends across the 25-foot
front yard setback approximately 12-feet. The north edge of the carport is located 6-
feet from the property line and the right-of-way is indicated to be approximately 8-
feet in width from the property line to the back of the street curb.
The carport not being attached to the house would be classified as an accessory
structure. In addition to accessory structures not being allowed within 60 feet of the
front property line are also required to be separated from the primary structure a
minimum of 6-feet.
The applicant is asking that this non -conforming structure be allowed to remain as
constructed and is requesting variances to allow the carport to cross the 25-foot front
setback, be located within 60-feet from the front property line and be separated from
the primary structure less than the minimum 6-foot requirement.
Sec. 36-156 2(b) states, "All single- and two-family residences shall
be separated from accessory structures by a distance of not less than six (6) feet."
Therefore, the applicant requests a variance to allow a reduction of the required
accessory structure separation from the primary structure to 2-feet.
Sec. 36-156 2 (c) states, "Accessory buildings or structures in the R-1 through R-4A
districts shall not be located closer than sixty (60) feet to the front property line...."
Therefore, the applicant requests a variance to allow the accessory Structure to be
placed 6-feet from the front property line.
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 accessory structure to be constructed
with a reduced front yard setback of zero (0) feet along the front (east) property line.
Based on the above assessment and analysis, Staff finds the requested variances
to be out of character with the surrounding development and in direct violation of the
code requirements. In addition, Staff feels that the location of the accessory structure
detracts from the value and aesthetic of the neighborhood and surrounding
properties.
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JULY 20, 2023
ITEM NO. 2 (CON'T.) Z-9804
E. Staff Recommendation:
Staff recommends denial of the request to allow the existing accessory building
(carport) to continue as constructed within 60-feet of the front property line, crossing
the 25-foot front yard setback, and not being separated from the primary structure a
minimum of 6-feet. Additionally, Staff recommends the removal of this non-
conforming structure.
Board of Adjustment (JULY 20, 2023)
The applicant was present. There were no objectors present. Staff recommended the
application be deferred to the August 17, 2023 agenda for failure to send the required
notification to surrounding property owners as per the staff report. There was a consent
motion to defer the application. The motion as seconded. The application was deferred
on consent. The vote was 5 ayes, 0 nays and 0 absent.
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JULY 20, 2023
ITEM NO. 3 Z-9805
File No.: Z-9805
Owners: Tim and Allison Hicks
Applicant: Tim Hicks
Address: 2221 North Spruce Street
Legal Description: Lot 20, Block 9, of the Country Club 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 the area provisions of Section
36-156 to permit more than 30% coverage of the rear yard for
an accessory structure.
Justification: The applicant's justification is presented as per the submitted
letter.
STAFF REPORT:
A. Planning and Development Civil Engineering Comments:
No Comments.
B. Buffering and Landscape Comments:
In October 2020 the City adopted the "Heights Landscape Design Overlay District,"
requiring installation of one tree per 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:
No Comments.
D. Staff Analysis:
The property at 2221 North Spruce Street is in a predominantly R-2 zoned
neighborhood, within the Heights Landscape Design Overlay District.
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JUNE 15, 2023
ITEM NO.: 3 (CON'T.) Z-9805
The applicant is proposing to remove the existing single -story structure and
construct a new 5,200 square foot residence with a covered patio connection to a
new accessory garage structure and pool in the rear yard area of the property.
The site plan indicates that the proposed 625-square foot accessory garage
structure is located in the rear yard area 3-feet from the north property line and 5-
feet from the east property line with a new 288-square foot pool structure located to
the south. The rear yard space is approximately 1,600 square feet in area. The
proposed structures will yield approximately 57-percent coverage of the rear yard
exceeding the maximum code allowance of 30-percent.
Section 36-156(2)(c) requires the accessory building not to occupy more than thirty
percent (30%) of the required rear yard area. Therefore, the applicant is requesting
a variance to allow the new accessory structures to exceed the coverage
requirements to a maximum of fifty-seven percent (57%).
Staff is supportive of the requested variance to allow the accessory structures to
occupy more than 30% of the rear yard area. Staff views the request as reasonable.
The proposed garage and pool will not be out of character with other accessory
structures throughout this neighborhood and believes and increased area coverage
will have no adverse impact on the adjacent properties or the general area.
E. Staff Recommendation:
Staff recommends approval of the requested rear yard coverage to a maximum of
57% as per the above staff analysis and the submitted survey / site plan sketch
subject to the following conditions:
1. A building permit being obtained for all construction.
2. Install trees, if deemed applicable at the time of building permitting, in
accordance with Heights Landscape Design Overlay District requirements.
Board of Adjustment (JULY 20, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Board and stated it recommended the area variance be approved as
per staff report. There was a consent motion to approve the application. The motion was
seconded. The application was approved on consent. The vote was 5 ayes, 0 nays and
0 absent.
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JULY 20, 2023
There being no further business before the Board, the meeting was adjourned at 4:05 p.m.
Date:
Chairman Secretary