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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 2 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. 2 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 1 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. 2 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. 3 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. 1 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. 2 JULY 20, 2023 There being no further business before the Board, the meeting was adjourned at 4:05 p.m. Date: Chairman Secretary