boa_08 17 2023LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA PROCEDURE
AUGUST 17, 2023
4:00 P.M.
I. Roll Call and Finding of a Quorum
II. Approval of the Minutes of the July 20, 2023
meeting of the Board of Adjustment
III. Presentation of Consent Agenda
IV. Presentation of Hearing Items
LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
AUGUST 17, 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 July 20, 2023 meeting
of the Board of Adjustment
Members Present: Frank Allison — Chairman
Austin Grinder — Vice Chair
Richard Bertram
Jeremiah Russell
Members Absent: James Harkins
City Attorney Present: Sherri Latimer
LITTLE ROCK BOARD OF ADJUSTMENT
ABBREVIATED AGENDA
AUGUST 17, 2023
4:00 P.M.
I. OLD BUSINESS:
A. Z-9804 1804 South Taylor Street
II. NEW BUSINESS:
1. Z-5694-A 801 West Markham Street
2. Z-6776-A 5723 Hawthorne Road
3. Z-9330-A 6002 Brentwood Road
4. Z-9809 4 Armistead Road
AUGUST 17, 2023
ITEM NO. A 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 the area provisions of Section
36-255 to allow a reduced front yard setback in the
R-3 district.
Justification: The applicant's justification is presented as per the attached
letter dated August 23, 2021.
STAFF REPORT
A. Planninq 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-3 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
access drive located at the southeast side of the property connecting to South Taylor
Street.
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AUGUST 17, 2023
ITEM NO. A Z-9804
The applicant is proposing to construct a single -story carport addition to the front
(east) side of the existing residence, as noted on the site plan. The applicant has
stated that the new construction will occupy a 21-foot x 30-foot footprint on the
southeast corner of the house aligning with the existing paved driveway which
accesses Taylor Street to the east.
The new carport addition will extend east from the existing residence 30-feet into the
front (east) setback and be located approximately 6-feet back from the front (east)
property line and have a 2.7-foot side (south) yard setback.
Section 36-255(d)(1) of the City's Zoning Ordinance requires a minimum 25-fool
front building setback for R- 3 zoned lots. Therefore, the applicant is requesting a
variance to allow the primary residence to extend into the front setback 30-feet with
a reduced front yard setback of 6-feet along the front (east) property line.
Section 36-255(d)(2) requires a side yard setback of not less than ten (10) percent
of the average width of the lot, not to exceed 5-foot. Therefore, the applicant is
requesting variance to allow the primary addition to extend into the side yard setback
2.3-feet with a reduced side yard setback of 2.7-feet along the side (south) property
line.
Staff is supportive of the requested setback variances. Staff views the request as
reasonable. The proposed construction will have front and side yard setbacks
relatable to other residences in the immediate area along South Taylor Street. Staff
believes the proposed addition to the front of the house 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 6-feet and the reduction of the south side yard setback from
5-feet to 2.7-feet as outlined in the staff analysis and indicated on the site plan
sketch, subject to the following conditions:
1. A building permit being obtained for all construction.
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.
2
AUGUST 17, 2023
ITEM NO. A 2-9804
Board of Adjustment (AUGUST 17, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Board and stated it recommended the front yard setback reduction and
the reduction of the south side yard setback variance be approved as per staff report with
condition. There was a consent motion to approve the application. The motion was
seconded. The application was approved on consent. The vote was 4 ayes, 0 nays, and
1 absent.
3
AUGUST 17, 2023
ITEM NO. 1 Z-5694-A
File No.: Z-5694-A
Owners: Back Home BBQ, LLC
Applicant: Adam Murray — Back Home BBQ, LLC
Address: 801 West Markham Street
Legal Description: City of Little Rock East 50' of North 26 6' of 11 & East 50' of
12140.
Zoned: UU - Urban Use District
Present Use: Vacant
Proposed Use: Restaurant
Variance(s) Requested: The sign regulations of Sec. 36-553 to allow a wall mounted
sign without street frontage.
The sign regulations of Sec. 36-553 to allow a wall mounted
sign to exceed the allowable area of a fagade.
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 Comment
D. Staff Analysis:
The property at 801 West Markham Street is currently occupied by a vacant 2-
story masonry structure and is located in a predominantly Urban Use (UU)
zoned area at the southwest corner of State Street and West Markham Street
1
AUGUST 17, 2023
ITEM NO. 1 (CON'T.) Z-5694-A
intersection. The structure faces West Markham Street and extends south
along State Street.
The applicant proposes to add new wall mounted projecting and painted signs
(images) upon the existing structure on the north, east, and west facades of
the building. The building has street frontage on West Markham Street to the
north and State Street to the east which allows signage in an Urban Use
zoning.
The applicant proposes that the painted signs (images) on the east facade and
the west non -street frontage facade of the structure will both be approximately
378-square foot in area and will occupy approximately 16-percent of the 2,349-
square foot total wall area without street frontage.
Section 36-553 (a) (3) "Where a building is on a corner or has more than one
(1) main street frontage, one (1) wall sign and one (1) additional freestanding
sign will be allowed on the additional frontage, not to exceed the size of the
other wall and freestanding signs." Therefore, the applicant is requesting an
additional wall mounted sign on the west non -street frontage facade of the
structure.
Section 36-553 (a) (2) (a), "Wall or Mansard signs not to exceed ten (10)
percent in aggregate sign area for that occupancy's facade area. " Therefore,
the applicant is requesting painted wall signs (images) which exceed the
allowable area of the east and west facades aggregate square footage.
Staff is supportive of the requested variances. Staff views the requests as
reasonable. The proposed painted wall signs (images) on the east and
west building facades will be visible by traffic on West Markham Street and
will aid in identifying the business with no adverse impact on the adjacent
properties.
D. Staff Recommendation:
Staff recommends approval of the requested variance to allow a painted wall sign
without street frontage, subject to the descriptions and any conditions contained
in the "staff analysis" and the staff report.
Board of Adjustment (AUGUST 17, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Board and stated it recommended the painted wall sign without street
frontage variance be approved per conditions within the staff analysis report. There was
a consent motion to approve the application. The motion was seconded. The application
was approved on consent. The vote was 4 ayes, 0 nays, and 1 absent.
2
AUGUST 17, 2023
ITEM NO. 2 Z-6776-A
File No.: Z-6776-A
Owner: Rhodes Family Trust
Applicant: Ellen Yeary — Yeary Lindsey Architects
Address: 5723 Hawthorne Road
Legal Description: Lot 29R, being a replat of Lot 29. FOREST HEIGHTS
PLACE, 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 the area provisions of
Section 36-254 to allow a residence with a reduced
front yard setback.
A variance is requested from the area provisions of
Section 36-156 to permit an accessory structure to
occupy more than 30% coverage of the rear yard area.
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:
Any changes or modifications to the yard area shall comply with the
"Heights Landscape Design Overlay District" regulations.
C. BUILDING CODES COMMENTS:
No Comments.
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AUGUST 17, 2023
ITEM NO. 2 (CON'T.) Z-6776-A
D. ANALYSIS:
The R-2 zoned property located at 5723 Hawthorne Road is occupied by an existing
one-story single-family residence with an accessory garage structure in the rear yard
area.
The applicant proposes to construct an addition to the primary residence including
a new 300-square foot porch along the north (front) side of the house with a minor
31-square foot living space addition at the northeast corner. The proposal also
includes a new covered walkway in the rear yard extending from the primary
residence to an existing accessory garage structure which has a proposed addition
extending to the west from the garage into the rear (south) yard area.
The proposed porch is indicated to be located at the center of the house and be 31-
feet in width and extend from the front of the home 10-feet. The new porch is shown
to be located 23-feet from the property line encroaching 2-feet into the front yard
setback.
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 porch addition to be constructed with
a reduced front yard setback of 23-feet along the front (north) property line.
The site plan shows an addition to the existing 500-square foot garage is proposed
to extend into the west portion of the rear (south) yard adding an additional 176-
square feet to the structure. The rear (south) yard is approximately 1,500-square
feet in area and the garage with the new addition will occupy approximately 45-
percent of the rear yard area.
Sec. 36-156(a)(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, fifteen (15) feet from a street sideline and may not occupy more than thirty (30)
percent of the required rear yard area..." Therefore, the applicant is requesting a
variance to allow the proposed accessory building to exceed the coverage
requirements to a maximum of 45%.
Staff is supportive of the requested front yard setback and rear yard accessory
structure coverage variances. Staff views the requests as reasonable. Staff views
the variances as very minor in nature and feels that the applicant's proposals will not
be out of character with the neighborhood nor have an adverse impact on the
surrounding properties.
2
AUGUST 17, 2023
ITEM NO. 2 (CON'T.) Z-6776-A
E. STAFF RECOMMENDATION:
Staff recommends approval of the requested rear yard coverage to a maximum of
45%.
Staff recommends approval of the requested front yard setback from 25-feet to 23-
feet to accommodate the proposed porch.
Additionally, the variances are recommended for approval as per the submitted
survey / site plan sketch and are subject to the following conditions:
1. A building permit being obtained for all construction.
2. Any changes or modifications to the yard area shall comply with the
"Heights Landscape Design Overlay District" regulations.
Board of Adjustment (AUGUST 17, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Board and stated it recommended the rear yard coverage and front yard
setback variances be approved as per the staff report with conditions. There was a
consent motion to approve the application. The motion was seconded. The application
was approved on consent. The vote was 4 ayes, 0 nays, and 1 absent.
3
AUGUST 17, 2023
ITEM NO. 3 Z-9330-A
File No.: Z-9330-A
Owner: Christopher and Smantha Tanner
Applicant: Aaron Robinson — Bond Engineering
Address: 6002 Brentwood Road
Description: Mountain Home W34' of S120' of LT 11 & E21' of Lt 10
Block 32, Cammack Village, Pulaski County, Arkansas
Zoned: R-2
Variance(s) Requested: A variance is requested from the area provisions of Section
36-254 to allow a residence with a reduced rear setback.
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.
Present Use: Single Family Residence (under construction)
Proposed Use: Single Family Residential
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 tree per40 linearfeet 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:
Staff will need at least 4-feet between the pool structure and the rear and side
property line.
1
AUGUST 17, 2023
ITEM NO. 3 (CON'T) Z-9330-A
D. Staff Analysis:
The R-2 zoned property located at 6002 Brentwood Road is currently vacant and is
the proposed location of a new two-story single-family residence which is currently
under construction. The new residence will be set back 25-feet from the front (south)
property line, 5.5-feet from the east and west property lines, and 3.2 -feet from the
rear (north) property line.
The applicant is proposing to extend a covered porch along the south (rear) portion of the
primary residence bordering the new accessory pool structure. The site plan indicates that
the porch is to extend into the rear yard along the south and west side of the pool into the rear
yard setback 20-feet reducing the setback to 3.2-feet.
Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear yard
setback of 25-feet for principal structures in R-2 zoning. Therefore, the applicant is
requesting a variance to allow the extension of the primary structure into the rear yard
setback reducing the setback to no less than 3.2-feet.
The applicant is also proposing to construct an accessory pool structure at the
northeast corner of the rear yard area. The site plan indicates the pool will be
approximately 8-feet by 14-feet in area and separated from the principal structure to
the south by approximately 3-feet, from the north property line by 3.2-feet, from the
east property line by approximately 6-feet.
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 rear yard setback and accessory structure separation
variance. Staff finds the request to generally be in conformance with the development
pattern in the Heights neighborhood and nearby area.
Staff is not supportive of the accessory pool structure proximity to the rear (north)
property line due to potential access and safety issues to the pool. Staff suggests
that the pool structure be located not less than 4-feet from the rear (north) and side
(east) property lines.
E. Staff Recommendation:
Staff recommends approval of the requested rear setback and accessory coverage
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 permitting, in
accordance with Heights Landscape Design Overlay District
requirements
3. The proposed pool structure will require to be separated by a minimum
of 4-feet from the rear (north) and side (east) property lines.
2
AUGUST 17, 2023
ITEM NO. 3 (CON’T.) Z-9330-A
Board of Adjustment (AUGUST 17, 2023)
The applicant was present. There were no objectors present. Staff stated to the Board
the application was deferred to the September 21, 2023 meeting do to staff awaiting
additional information from the applicant. The Board confirmed the item be deferred.
Conversation between the applicant and the Board ensued, resulting in the Board voting
to move the item to the regular agenda. There was a motion and second to move the
application to the regular agenda. The vote was 4 ayes, 0 nays and 1 absent. The Board
then voted to approve the rear yard setback reduction variance. There was a motion and
second to approve the application. The vote was 4 ayes, 0 nays and 1 absent.
3
AUGUST 17, 2023
ITEM NO.: 4 Z-9809
File No.: Z-9809
Owners: Ante and Annemarie Dillard Jazic
Applicant: Rodney Parham / Polk Stanley Architects
Address: 4 Armistead Road
Legal Description: Lot 17, Edgehill, 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 area regulations of Sec. 36-254
to allow a reduced side 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:
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.
D. Staff Analysis:
The R-2 zoned property located at #4 Armstead Road is occupied by a two-story
single-family residence. The property is located along the south perimeter of
Armistead Road southeast of the Beechwood Street intersection within the Heights
Landscape Design Overlay District.
1
AUGUST 17, 2023
ITEM NO. 4 (CON'T.) Z-9809
The applicant is proposing several additions to the primary residence including a
two-story addition along the west facade and near the center of the residence.
Additional renovations include a new covered terrace along the rear (south) facade
of the residence and an extension to an existing pool house in the rear yard. The
proposed two-story addition along the west side of the residence will include new
living spaces, a garage, and a guest suite.
The site plan shows the proposed two-story addition on the west fapade will extend
west 26.2-feet from the main house structure and connect to a larger 21-foot by 70-
foot two-story addition extending north and south along the west perimeter of the lot.
The site plan further indicates that this 1,470-square foot addition extends west into
the side yard setback 3-feet reducing the setback from 8-feet to 5-feet.
Section 36-254(d)(2) states "There shall be a side yard set -back on each side of
the building having a width of not less than ten (10) percent of the average width
of the lot, not to exceed eight (8) feet". Therefore, the applicant requests a variance
to allow the extension of the primary structure into the side yard setback reducing
the setback to no less than 5-feet.
Staff finds the request to generally be in conformance with the development pattern
in the Heights neighborhood and nearby area. Based on the above assessment and
analysis, staff finds the requested variance to be reasonable.
E. Staff Recommendation:
Staff recommends approval of the requested side yard setback reduction from
8-feet to a minimum of 5-feet, with 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 (AUGUST 17, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Board and stated it recommended the side yard setback reduction
variance be approved as per the staff report with conditions. There was a consent motion
to approve the application. The motion was seconded. The application was approved on
consent. The vote was 4 ayes, 0 nays, and 1 absent.
2
AUGUST 17, 2023
There being no further business before the Board, the meeting was adjourned at 4:32 p.m.
Date:
Chairman Secretary