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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