boa_10 19 2023LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA PROCEDURE
OCTOBER 19, 2023
4:00 P.M.
I. Roll Call and Finding of a Quorum
II. Approval of the Minutes of the September 21, 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
OCTOBER 19, 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 September 21, 2023 meeting
of the Board of Adjustment
Members Present: Frank Allison — Chairman
Richard Bertram
James Harkins
Jeremiah Russell
Members Absent: Austin Grinder — Vice Chair
City Attorney Present: Sherri Latimer
LITTLE ROCK BOARD OF ADJUSTMENT
ABBREVIATED AGENDA
OCTOBER 19, 2023
4:00 P.M.
I. OLD BUSINESS:
No Old Business
II. NEW BUSINESS:
1. Z-3168-J 420 Napa Valley Drive
A variance is requested to the sign regulations of Section 36-552 to allow
an on -premises ground mounted monument sign to exceed the allowable
square footage and height.
2. Z-9824 6618 Mabelvale Pike
A variance is requested from area regulations of Section 36-156 to allow an
accessory structure to be greater in square footage than the primary
residence in an R-2 district.
3. Z-9840 29 Durham Drive
Variances are requested from the area regulations of Section 36-156 to
allow an accessory structure to be located closer than sixty (60) feet to the
front property line, less than six (6) feet from a residence and be located
closer than three (3) feet to the side property line in an R-2 District.
4. Z-9841 624 North Spruce Street
Variances are requested from the area regulations of Section 36-156 to
allow an accessory structure to occupy more than 30% coverage of the
rear yard and to have a reduced side and rear yard setback.
5. Z-9842 5400 Stonewall Road
A variance is requested from the area provisions of Section 36-254 to allow
a reduced rear yard setback in the R-2 district.
6. Z-9843 2407 North Pierce Street
A variance is requested from the area provisions of Section 36-254 to allow
a reduced rear yard setback in the R-2 district.
7. 2024 Board of Adjustment Calendar
OCTOBER 19, 2023
ITEM NO.: 1 Z-3168-J
File No.: Z-3168-J
Owners: Rock Creek Housing. LLC
Applicant: Lora Rand, Arkansas Sign and Neon
Address: 420 Napa Valley Drive
Legal Description: PT NW NW BEG 50'S OF NW CO E1345' 5610' TO WLN NW
TH N520' TO POB EXC 3.20 AC MOL FOR R/W (DEED 95-
04128) SECTION 4-1 N-13W.
Zoned: MF18 — Multi -Family
Variance(s)Requested: The sign provisions of Sec.36-552 permit a ground mounted
monument sign to exceed the allowable square footage.
Present Use: Apartment Development
Proposed Use: Apartment Development
Justification: The applicant's justification is presented as per the attached
letter.
STAFF REPORT
A. Planning and Development Civi3 Engineering Comments:
No Comments
B. Buffering and Landscape Comments:
No Comments
C. Building Codes Comments:
No Comments
D. Staff Analysis:
The property at 420 Napa Valley Drive is currently occupied by a 9-structure
apartment complex with paved parking and a paved access drive connecting to Napa
Valley Drive to the north.
The applicant is requesting a variance to allow the existing ground -mounted
monument sign to be increased in height and area. The proposed sign is to be twelve
(12) foot high, four (4) foot long, and twenty (20) inches wide, at approximately forty-
eight (48) square foot. The new sign will include a twenty-two (22) square foot stone
base structure.
1
OCTOBER 19, 2023
ITEM NO.: 1 (CON'T.) Z-3168-J
Section 36-552(a)(3) "Signs permitted in Multi -Family Zones" of the City's Zoning
Ordinance requires that all apartment or condominium identification signs are not to
exceed twenty-four (24) feet in sign area. Therefore, the applicant is requesting a
variance to allow a ground mounted apartment identification sign to increase in
square footage from twenty-four (24) square feet to seventy (70) square feet in area.
Section 36-552(b) "All allowed freestanding signs shall have a maximum height limit
of six (6) feet". Therefore, the applicant is requesting a variance to allow a ground -
mounted apartment identification sign to increase in height from six (6) feet to twelve
(12) feet.
Staff supports the request to allow the increase in the area and height of a ground -
mounted sign along Napa Valley Drive. Staff believes that the requested variance is
appropriate for the vehicular -oriented area surrounding the site.
E. Staff Recommendation:
Staff recommend approval of the requested ground -mounted sign variance.
Board of Adjustment (OCTOBER 19, 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 sign
regulations variance to allow an on -premises ground -mounted sign to exceed the
allowable height and square footage 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 5 ayes, 0 nays, 0 absent.
2
OCTOBER 19, 2023
ITEM NO. 2 Z-9824
File No.: Z-9824
Owner: Faustino Santana
Applicant: Faustino Santana
Address: 6618 Mabelvale Pike
Description: Lot 30, Graceland Acres Annex, Plat Book 4, Page 60,
Part of the NW 1/4, SE 1/4, Section 25, T-1-N, R-13-W,
Zoned: R-2
Variance(s) Requested: A variance is requested to the area provisions of
Section 36-156 to allow an accessory structure to have
a greater gross floor area than the primary residence.
Justification: The applicant's justification is presented in an
attached letter.
Present Use: Single-Family Residence
Proposed Use: Single-Family Residence
STAFF REPORT
A. Planninq and Development Civil Engineering Comments:
No comments required.
B. Landscape and Buffer Comments:
No comments required.
C. Building Codes Comments:
No comments.
D. Staff Analysis:
The 1.9-acre property located at 6618 Mabelvale Pike is occupied by a single-family
residence and approximately eight (8) accessory structures in the large rear yard area.
A gravel drive extends west from Mabelvale Pike along the central portion of the lot
connecting to a circular drive at the front (east) side of the residence.
1
OCTOBER 19, 2023
ITEM NO.: 2 (CON'T.) Z-9824
The applicant proposes to construct a 28-foot by 55-foot, (1,540) square foot garage
accessory structure 16-feet in height with storage to the west of the primary residence.
The garage will be located along the north property and accessed from the existing
gravel drive.
Section 36-156(a)(2)(c), states that Accessory buildings or structures shall in all
instances be subordinate to the principal structure on the lot and contain less gross
floor area. Therefore, the applicant is requesting a variance to allow the existing
accessory structure to exceed the gross floor area of the principal residence.
Staff is supportive of the requested variance. Staff views the request as reasonable.
The proposed variance requested is generally in conformance with the development
pattern in the area. Staff believes the proposed accessory structure proportions will
have no adverse impact on the surrounding properties.
E. Staff Recommendation:
Staff recommends approval of the requested accessory structure gross floor area
variances, subject to the descriptions and any conditions in the "staff analysis," and
the agenda staff report.
Board of Adjustment (OCTOBER 19, 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 area
regulations variance to allow an accessory structure to be greater in square footage than
the primary residence in an R-2 district as per 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 5 ayes, 0 nays, 0 absent.
2
OCTOBER 19, 2023
ITEM NO. 3 Z-9840
File No.: Z-9840
Owners: Jesus Jose Rios
Applicant: Jesus Jose Rios
Address: 29 Durham Drive
Legal Description: Lot 222, Wakefield Village, an addition to the City of Little Rock,
Pulaski County, Arkansas
Zoned: R-2
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. 36-156
to allow an accessory structure to be located closer than three
(3) feet to the side property line.
Present Use: Single-family Residence
Proposed Use: Single-family Residence
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 at 29 Durham Drive is occupied by an existing one-
story single-family residence with an existing concrete access drive along the front
(north) side of the residence connecting to Durham Drive.
1
OCTOBER 19, 2023
ITEM NO. 3 (CON'T.) Z-9840
The applicant is proposing to construct an accessory carport structure at the front
(north) side of the existing residence. The applicant has stated that the new structure
will occupy a 19-foot x 19-foot footprint on the northwest corner of the lot aligning
with the existing paved driveway which accesses Durham Drive to the north.
The applicant is proposing to locate the new structure within the front (north) yard
area approximately three (3) feet north of the existing residence, approximately one
(1) foot from the side (west) property line and approximately twelve (12) feet into the
front (north) yard setback.
Sec. 36-156(a)(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 3-feet.
Section 36-156(a)(2)(f) states "Accessory buildings shall maintain at least a three-
foot setback from any side or rear yard property line except where said rear yard
abuts on a dedicated alley". Therefore, the applicant is requesting a variance to allow
an accessory structure to have a reduced side and rear yard setback of less than
three (3) feet.
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...." Therefore, the applicant requests a variance to allow the accessory structure
to be placed 8-feet from the front property line.
Staff is supportive of the requested 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 Durham Drive and the adjacent streets. Staff
believes the proposed structure along 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 (OCTOBER 19, 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 area
regulations variance to allow an accessory structure to be located closer than sixty (60)
feet to the front property line, less than six (6) feet from a residence and be located closer
than three (3) feet to the side property line in an R-2 district per the staff report 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 5 ayes, 0 nays, 0
absent.
2
OCTOBER 19, 2023
ITEM NO. 4 Z-9841
File No.: Z-9841
Owners: Christopher Werner
Applicant: Tom Fennell / Fennell Purifoy Architects
Address: 624 North Spruce Street
Legal Description: Lot 11 and the North 5 of Lot 10, Block 37, Pulaski Heights
Addition to the City of Little Rock, Pulaski County, Arkansas.
Zoned: R-2
Variance(s) Requested: A variance is requested from the area regulations of Sec. 36-
156 to allow an accessory structure to occupy more than 30%
coverage of the rear yard.
A variance is requested from area regulations of Sec. 36-156
to allow an accessory structure with a reduced side and rear
yard setback.
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Justification: The applicant's justification is presented as per the attached
letter.
STAFF REPORT
C. Planning and Development Civil Engineering Comments:
1. A building permit 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 624 North Spruce Street is occupied by a single -story wood
and masonry single-family residence. The triangular shaped lot is located at the
southwest corner of "F" Street and North Spruce Street and contains an existing
portable storage structure in the rear (west) yard area. The lot narrows from 55-feet
at the east perimeter along North Spruce Street to approximately 12-feet at the west
perimeter adjacent to the alleyway and "F" Street.
1
OCTOBER 19, 2023
ITEM NO. 4 (CON'T.) Z-9841
The applicant is proposing to remove the existing accessory structure and construct
a new twenty-eight (26) foot by fourteen (14) foot enclosed garage structure in the
same location along with a new paved driveway connecting to the existing alley to
the west.
The proposed structure will be located in the far west corner of the lot and be located
2.6-feet from the south property line, 0-feet from the north property line, and
approximately 28-feet from the existing residential structure.
Section 36-156(a)(2)(f) states "Accessory buildings shall maintain at least a three-
foot setback from any side or rear yard property line except where said rear yard
abuts on a dedicated alley". Therefore, the applicant is requesting a variance to allow
an accessory structure to have a reduced side yard setback of less than three (3)
feet.
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 side line 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.
Staff is supportive of the requested variances. Staff views the request as
reasonable. The proposed variance requested is 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 area coverage and side yard setback
variances, subject to the descriptions and any conditions in the "staff analysis," and
the following conditions:
A building permit being obtained for all construction.
Board of Adjustment (OCTOBER 19, 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 area
regulations variance to allow an accessory structure to occupy more than 30% coverage
of the rear yard and to have a reduced side and rear yard setback per the staff report
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 5 ayes, 0 nays,
0 absent.
2
OCTOBER 19, 2023
ITEM NO. 5 Z-9842
File No.: Z-9842
Owners: Jeff Fuller Homes
Applicant: Jeff Fuller Homes
Address: 5400 Stonewall Road
Legal Description: Lot 14, Block 20, Newtons Addition to the City of Little Rock
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.
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Justification: The applicant's justification is presented on the attached
application.
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 at 5400 Stonewall Road is occupied by a vacant lot with a
new single-family residence under construction. The lot is located at the northwest
corner of the Stonewall Road and North Tyler Street intersection.
The applicant is proposing to construct a new two-story residence located at the
central portion of the lot with a 25-foot south (front) yard setback, a 3-foot north (rear)
yard setback, and 5-foot setbacks on the east and west side yards.
Section 36-254(d)(3) states "There shall be a rear yard setback having a depth of
not less than twenty-five (25) feet. "Therefore, the applicant requests a variance to
allow the extension of the primary structure into the rear yard setback reducing the
setback to no less than 3-feet.
1
OCTOBER 19, 2023
ITEM NO. 5 (CON'T.) Z-9842
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 rear yard setback reduction from
25-feet to a minimum of 3-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 (OCTOBER 19, 2023)
The item was deferred by staff prior to the meeting and no discussion or action was taken
by the board.
2
OCTOBER 19, 2023
ITEM NO. 6 Z-9843
File No.: Z-9843
Owners: Jeff Fuller Homes
Applicant: Jeff Fuller / Jeff Fuller Homes
Address: 2407 North Pierce Street
Legal Description: Lot 4 and the North 'h of Lot 5, Block 31, Park View Addition to
the City of Little Rock
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.
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Justification: The applicant's justification is presented on the attached
application.
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 2407 North Pierce Street is occupied by a newly
constructed two-story single-family dwelling located northeast of the W" Street and
North Pierce Street intersection.
The applicant is proposing to reconfigure the layout of the dwelling and enlarge the
connection between the primary structure and the garage structure. The sketch
provided indicates that this modification will connect the garage structure roof with
the primary structure. The addition and extend the primary structure 40-feet in the
rear yard and cross the 25-foot setback line 22-feet.
1
OCTOBER 19, 2023
ITEM NO. 6 (CON'T.
Section 36-254(d)(3) states "There shall be a rear yard setback having a depth of
not less than twenty-five (25) feet. "Therefore, the applicant requests a variance to
allow the extension of the primary structure into the rear yard setback reducing the
setback to no less than 3-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 rear yard setback reduction from
twenty-five (25) feet to a minimum of 3-feet as outlined in the above staff analysis
and on the attached sketch.
Board of Adjustment (OCTOBER 19, 2023)
The item was deferred by staff prior to the meeting and no discussion or action was taken
by the board.
2
DEPARTMENT OF
PLANNING &
DEVELOPMENT
Adopted: October 19, 2023
2024 BOARD OF ADJUSTMENT CALENDAR
Filing Deadline (1) Notice To Owners Deadline 2) Hearing Date (3)
11-14-23 01-04-24 01-18-24
12-19-23 02-01-24 02-15-24
01-16-24 03-07-24 03-21-24
02-13-24 04-04-24 04-18-24
03-19-24 05-02-24 05-16-24
04-16-24 06-06-24 06-20-24
05-14-24 07-05-24 07-18-24
06-18-24 08-01-24 08-15-24
07-16-24 09-05-24 09-19-24
08-13-24 10-03-24 10-17-24
09-17-24 11-07-24 11-21-24
10-15-24 12-05-24 12-19-24
11-19-24 01-02-25 01-16-25
12-17-24 02-06-25 02-20-25
Note: (1) Filing deadlines are on Tuesday unless otherwise noted.
(2) Applicant is responsible for notification of all owners within 200' of subject property
(or, for sign variances only, all adjacent owners) no later than ten (10) days prior to the
hearing date.
(3) Public hearings are on Thursday at 4:00 P.M. unless otherwise noted.
UPON REQUEST, AN INTERPRETER WILL BE PROVIDED FOR THE HEARING IMPAIRED.
REQUEST SHOULD BE MADE TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT AT
LEAST TWO WORKING DAYS PRIOR TO THE SCHEDULED MEETING DATE.
OCTOBER 19, 2023
There being no further business before the Board, the meeting was adjourned at 4:07 p.m.
Date
Chairman Secretary