boa_09 21 2023LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA PROCEDURE
SEPTEMBER 21, 2023
4:00 P.M.
I. Roll Call and Finding of a Quorum
II. Approval of the Minutes of the August 17, 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
SEPTEMBER 21, 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 August 17, 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
SEPTEMBER 21, 2023
4:00 P.M.
I. OLD BUSINESS:
No Old Business
II. NEW BUSINESS:
1. Z-5435-B 106 Hickory Creek Circle
A variance is requested from area regulations of Sec.
36-254 to allow a reduced rear yard setback in the R-2 district.
A variance is requested from the compliance regulations of
Sec. 36-11 to allow the encroachment of a proposed structure
into an easement.
2. Z-9730 91 Orle Circle
A variance is requested from the building line regulations of
Sec. 31-12 to allow the encroachment of structure across a
platted building line.
A variance is requested from the area provisions of Section
36-156 to allow a retaining wall (accessory structure) with a
reduced side yard setback.
SEPTEMBER 21, 2023
ITEM NO. 1 Z-5435-B
File No.: Z-5435-B
Owners: WLR Land Trust: Jennifer and Mark McCarty
Applicant: Yeary Lindsey Architects: Ellen Yeary
Address: 106 Hickory Creek Circle
Legal Description: Lot 9, Hickory Creek Subdivision, Phase 1, Little Rock, Pulaski
County, Arkansas
Zoned: R-2
Variance(s) Requested: A variance is requested from area regulations of Sec. 36-254
to allow a reduced rear yard setback in the R-2 district.
A variance is requested from area regulations of Sec. 36-11
to allow a building addition to encroach into an easement.
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Justification: The applicant's justification is presented on the attached letter
of intent.
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 at 106 Hickory Creek Circle is occupied by a two-story
masonry single-family residence. The home is located on the north side of the street
northwest of the intersection of Hickory Creek Drive and Hickory Street Circle. A
circular driveway serves as access to the property. The property backs up to a tiered
pond/creek area which serves as stormwater detention for the area. The survey
indicates a 30-foot common natural area which includes a 10-foot landscape
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SEPTEMBER 21, 2023
ITEM NO. 1 (CON'T.) Z-5435-B
easement inside and adjacent to the rear property line. An existing in -ground pool
and patio connecting the rear of the home are located in these easements and
common areas.
The applicant has indicated that the property has been recently re -platted to include
an adjacent parcel which will extend the property boundary 30-feet to the north to
include a portion of the floodway / common area. The applicant has also provided
documents from the Hickory Creek Property Association indicating their review and
approval of the proposed plans.
The site plan indicates that the applicant is proposing to construct a covered porch
addition to the northeast of the house to be used as an extension of the family living
area. The addition is shown to extend the primary residence 25-feet northeast into
the rear yard crossing the existing landscape easement and proceed to within 3-
feet, 10-inces of the rear property line.
Section 36-254(d)(3) states "There shall be a rear yard setback having a depth of
not less than twenty-five (25) feet. "The applicant requests a variance to allow a
reduction of the rear setback from 25-feet to 3-feet, 10-inches.
Section 36-11(f) states "No building or structure as defined in this chapter shall be
erected, converted, reconstructed, or structurally altered that encroaches on, over
or into any easement. This includes drainage, utility access or use easements within
the boundary of any lot of record, platted or otherwise established." Therefore, the
applicant is requesting that the extension of the primary residence be allowed to
cross the existing rear yard landscape and common area easements.
Staff views the variances request as reasonable. The proposed reduced rear yard
setback and easement encroachment will not be out of character with the area nor
pose a negative impact on the surrounding properties.
E. Staff Recommendation:
Staff recommends approval of the requested rear yard setback reduction from
twenty-five (25) feet to 3-feet-1 0-inches and the requested easement encroachment
variance as outlined in the above staff analysis and on the attached site plan subject
to the following conditions:
1. Any new construction must meet the local and Federal floodplain
regulation requirements.
2. The addition must be constructed to match the existing residence.
3. A building permit to be obtained for all construction.
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SEPTEMBER 21, 2023
ITEM NO.1 (CON'T.) Z-5435-B
Board of Adjustment (SEPTEMBER 21, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Board and stated it recommended approval of the requested rear yard
setback reduction and the easement encroachment variances per conditions within the
staff analysis and 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.
SEPTEMBER 21, 2023
ITEM NO. 2 Z-9730
File No.: Z-9730
Owners: Reddy Sanjeeva Onteddu & Sukanthi Kovvuru
Applicant: Hemachand Atluri — HRPG HOMES LLC
Address: 91 Orle Circle
Legal Description: Lot 44, Block 113 of Chenal an Addition to the City of Little
Rock, Pulaski County, Arkansas
Zoned: R-2
Variance(s) Requested: A variance is requested from the building line regulations of
Sec. 31-12 to allow the encroachment of structure across a
platted building line.
A variance is requested area provisions of Section 36-156
to allow a retaining wall (accessory structure) with
a reduced side yard setback.
Present Use: Vacant
Proposed Use: Single-family Residence
Justification: The applicant's justification is presented as per the attached
letter.
STAFF REPORT
B. 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 property at 91 Orle Circle is positioned on the south
side of the road and is being developed with a single-family residence adjacent to
similar R-2 zoned parcels that are either occupied by single-family residences or
undeveloped. The site's terrain is generally characterized as having a higher
elevation on the northwest side of the lot which steeply slopes to the southeast.
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SEPTEMBER 21, 2023
ITEM NO. 2 (CON'T.) Z-9730
The applicant is proposing to construct an accessary retaining wall structure along
the east, west, and south perimeters of the property to manage the significant grades
of the site bordering the adjacent lots.
The site plan shows a 9-foot-high retaining wall along the west side of the property
that will maintain the required 3-foot separation from the property but will cross the
platted front building line approximately 8-feet at the front of the residence and
decrease in height from 9-feet to 7-feet.
Section 31-12(b) of the City's Subdivision Ordinance states, "In those instances
where a recorded subdivision plat has established building setback lines in
accordance with this chapter variances of those lines shall only be granted by the
Board of Adjustment." Therefore, the applicant is requesting a variance to allow a
reduction of the 25-foot platted front building line to 8-feet on north (front) perimeter
of the site.
The site plan shows the retaining continuing along the south (rear) property line
maintaining the require 3-foot separation from the property line and then turn north
along the east side property line. The applicant is proposing to construct 10-foot-
high retaining wall at the property line along the east side of the lot.
Section 36-156(a)(2)(f) requires a minimum of 3-feet of separation between an
accessory structure and an adjacent property line. Therefore, the applicant requests
a variance to allow a minimum of 0-feet to construct the retaining wall on the east
(side) property line.
The applicant provided responses and additional documents including but not limited
to easement affidavits for adjacent property owners. To the staffs knowledge, there
are no outstanding issues.
Based on the above analysis, Staff is supportive of the reduced side yard setback
variance and the variance to allow the retaining wall to cross the front platted building
line. Staff believes the proposal requests are reasonable and are generally in
character and scale of the surrounding neighborhood regarding the slope of the
terrain.
E. Staff Recommendation:
Staff recommends approval of the requested side yard setback reduction from 3-
feet to 0-feet and the requested platted front building line reduction from 25-feet to
a minimum of 8-feet as presented on the attached survey / site plan.
2
SEPTEMBER 21, 2023
ITEM NO. 2 (CON'T) Z-9730
Board of Adjustment (SEPTEMBER 21, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Board and stated it recommended approval of the requested rear yard
setback reduction and the easement encroachment variances per conditions within the
staff analysis and 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.
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SEPTEMBER 21, 2023
There being no further business before the Board, the meeting was adjourned at 4:06 p.m.
Date:
Chairman Secretary