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boa_11 16 2023LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE NOVEMBER 16, 2023 4:00 P.M. I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the October 19, 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 NOVEMBER 16, 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 October 19, 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 NOVEMBER 16, 2023 4:00 P.M. I. OLD BUSINESS: No Old Business II.NEW BUSINESS: 1.Z-9694-A 1832 Beechwood Street A variance is requested from the area provisions of Section 36- 254 to allow a residence to have reduced rear yard setbacks in the R-2 district. A variance is requested from the area provisions of Section 36-254 to allow a residence to have reduced side yard setbacks in the R-2 district. 2.Z-9842 5400 Stonewall Road A variance is requested from the area provisions of Section 36- 254 to allow a residence to have a reduced rear yard setback in the R-2 district. 3.Z-9843 2407 North Pierce Street A variance is requested from the area provisions of Section 36-254 to allow a residence to have a reduced rear yard setback in the R-2 district. 4.Z-9845 2601 North University Avenue A variance is requested from the area provisions of Section 36-254 to allow a residence to have a reduced rear yard setback in the R-2 district. A variance is requested from the area provisions of Section 36-254 to allow a residence to have reduced side yard setbacks in the R-2 district. II. NEW BUSINESS CON'T.: 5. Z--9861 224 North Spruce Street 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 yard setback. A variance is requested from area regulations of Sec. 36-156 to allow an accessory structure with a reduced street sideline setback. NOVEMBER 16, 2023 ITEM NO.: 1 Z-9694-A File No.: Z-9694-A Owners: TBH Trust / Allison Hicks Applicant: Allison Hicks Address: 1832 Beechwood Street Legal Description: Lot 135 and Lot 136, Shawdowlawn 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 area regulations of Sec. 36-254 to allow a reduced rear yard setback in the R-2 district. A variance is requested from the area provisions of Section 36-254 to allow a residence with a reduced side yard setback 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 at 1832 Beechwood Street is located southwest of Beechwood Street and the "R" Street intersection within the Heights Landscape Design Overlay District. The two-story structure is oriented to the east fronted by 1 NOVEMBER 16, 2023 ITEM NO.: 1 (CON'T.) Z-9694-A Beechwood Street with a paved access drive along the northwest portion of the property connecting to "R" Street. The applicant is proposing to remove an existing carport, porch, covered patio area, and storage structure along the northwest edge of the residence to allow for new additions to the structure. The site plan indicates the applicant proposes to construct a new 350-square foot porch along the east fagade of the residence, a new 864-square foot master suite addition along the south fagade of the residence with a porch enclosure, a new 208- square foot covered patio addition along the west fagade of the residence, and a new 300-square foot accessory pool structure in the southwest portion of the rear yard. The site plan also indicates a proposed new 1,088-square foot enclosed garage addition along the north fagade of the residence which includes a new paved access drive connecting the garage and an exterior parking space to "R" Street. The proposed 864-square foot master suite addition along the south perimeter of the residence is shown to extend south from the N.E. corner of the existing structure approximately 17-feet and approximately 2-feet into the side yard setback. The addition extends from the front (east) fagade of the residence approximately 47-feet west along the south perimeter of the site extending into the rear (west) yard setback approximately 7-feet. 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 is requesting a variance to allow the extension of the primary structure (Master Suite Addition) into the rear yard setback reducing the setback to no less than 18-feet. Section 36-254(d)(2) states, "There shall be a side yard setback 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 is requesting a variance to allow the extension of the primary structure along the south perimeter of the property into the side yard setback reducing the setback to no less than 6-feet. The proposed 208-square foot covered patio addition along the west perimeter of the residence is shown to extend west approximately 16-feet from the northwest corner of the residence to an existing 4-foot easement and approximately 15-feet from north to south. The site plan indicates that the existing northwest portion of the residence extends into the rear (west) yard setback approximately 5-feet and the entirety of the proposed covered patio addition sets within the rear yard setback up to the perimeter of the existing easement at the western edge of the property. The proposed 300- square foot pool is indicated to be 13x29 feet and will be classified as an accessory structure. The site plan indicates the pool will meet all setbacks and coverage requirements. 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 is requesting a variance to allow the extension of the primary structure (Covered Patio Addition) into the rear yard setback reducing the setback to no less than 4-feet. 2 OCTOBER 19, 2023 ITEM NO.: 1 (CONT.) Z-9694-A The proposed 1,088-square foot enclosed garage addition along the side (north) fa9ade of the residence is shown to extend approximately 32-feet to the north expanding the primary residence 4-feet into the side yard setback. The addition extends from east to west of the residence approximately 34-feet west along the north perimeter of the site extending into the rear (west) yard setback approximately 6-feet. 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 is requesting a variance to allow the extension of the primary structure (Enclosed Garage Addition) into the rear yard setback reducing the setback to no less than 19-feet. Section 36-254(d)(2) states, "There shall be a side yard setback 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 is requesting a variance to allow the extension of the primary structure (Enclosed Garage Addition) into the side yard setback reducing the setback to no less than 4-feet. Staff is supportive and 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 find the requested variances to be reasonable. E.Staff Recommendation: Staff recommends approval of the following requested variances with conditions: a.Side (south) yard setback for master suite addition with reduction from eight (8) feet to a minimum of 6-feet, b.Rear (west) yard setback for master suite addition with reduction from twenty-five (25) feet to a minimum of 18-feet, c.Rear (west) yard setback for covered patio addition with reduction from twenty-five (25)feet to a minimum of 4-feet, d.Rear (west) yard setback for enclosed garage addition with reduction from twenty-five (25)feet to a minimum of 19-feet, e.Side (north) yard setback for garage addition with reduction from eight (8) feet to a minimum of 4-feet. 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 (NOVEMBER 16, 2023) The applicant was present. There were no objectors present, however there was discussion. Staff presented the application to the Board and stated it recommended approval of the requested side and rear yard setback variances to allow for expansion of the house, patio and garage per conditions within the staff analysis and report. There was a motion to approve the application. The motion was seconded. The application was approved. The vote was 4 ayes, 1 nays and O absent. 3 OCTOBER 19, 2023 ITEM NO.: 2 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 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 rear yard setback in the R-2 district. 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. BuiidingE 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 NOVEMBER 16, 2023 ITEM NO.: 2 (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 (NOVEMBER 16, 2023) The applicant was present. There were objectors present and several spoke. Staff presented the application to the Board and stated it recommended approval of the requested variance be allowed as per the staff report analysis and report. There was much discussion between the Board and those present. There was a motion to approve the application. The motion was seconded. The application was approved. The vote was 4 ayes, 1 nays and 0 absent. 2 NOVEMBER 16, 2023 ITEM NO. 3 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 Y2 of Lot 5, Block 31, Park View 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 rear yard setback in the R-2 district. Justification: The applicant's justification is presented on the attached application. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Bufferinq 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 "V" 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 NOVEMBER 16, 2023 ITEM NO. 3 (CON'T.) Z-9843 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 (NOVEMBER 16, 2023) The applicant was present. There were objectors present. Staff presented the application to the Board and stated it recommended approval of the requested rear yard variance per the staff report analysis and report. There was a motion to defer the application. The motion was seconded. The application was deferred. The vote was 4 ayes, 1 nays and 0 absent. 2 NOVEMBER 16, 2023 ITEM NO. 4 File No.: Z-9845 Owners: Tad and Ashlea Beene Applicant: Bo Bradford / Bradford Morris Construction Address: 2601 North University Legal Description: South 1/2 of Lot 5 and all of Lot 6, Parkview 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 area regulations of Sec. 36-254 to allow a residence with a reduced rear yard setback in the R-2 district. A variance is requested from the area provisions of Section 36-254 to allow a residence with a reduced side yard setback. 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 2601 North University Avenue is occupied by a newly proposed two-story single-family dwelling located northeast of the "X" Street and the North University Avenue intersection. The applicant is proposing to construct a new two-story residence located at the central portion of the lot with a 25-foot west (front) yard setback, a 22.6-foot east 1 NOVEMBER 16, 2023 ITEM NO.: 4 (CON'T.) Z-9845 (rear) yard setback, a 5.8-foot south (side) yard setback and 4.4-foot north (side) yard setback. 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 22-feet. Section 36-254(d)(2) states, "There shall be a side yard setback 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 is requesting variances to allow the extension of the primary structure into the side yard setbacks reducing the north setback to no less than 4.4-feet and the south setback to no less than 4.4-feet. Staff finds the request to generally be in conformance with the new 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 22-feet, the reduction of the north side yard setback from 8-feet to no less than 4.4-feet and the reduction of the south side yard setback from 8-feet to no less than 4.4-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 (NOVEMBER 16, 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 and side yard setbacks 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 4 ayes, 0 nays and 1 absent. 2 NOVEMBER 16, 2023 ITEM NO. 5 Z-9861 File No.: Z-9861 Owners: Steve and Michelle Percival Applicant: Michelle Percival Address: 224 North Spruce Street Legal Description: Lot 1, Block 5, Elmhurst 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 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 to be located less than fifteen (15) feet from a street sideline. 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 property located at 224 North Spruce Street is occupied by a single -story wood frame single-family residence with an accessory garage structure in the rear yard area adjoining an alley. A one -car wide driveway extends east from the alley connecting to the garage structure located in the western portion of the rear yard area. 1 NOVEMBER 16, 2023 ITEM NO. 5 (CON'T.) Z-9861 The applicant is proposing to extend the accessory garage structure approximately 13.5-feet north to within 1.4-feet of the north property line. The addition will increase the area of the structure from 576-square feet to 888-square feet within the 2,000 square foot rear yard. The Section 36-156(2)(c) states "Accessory buildings shall maintain at least a fifteen -foot setback from a street sideline". Therefore, the applicant is requesting a variance to allow an accessory structure to have a reduced setback of less than fifteen (15) feet from a street side line. Section 36-156(2)(c) requires the accessory building not to occupy more than thirty percent (30%) of the required rear yard area. The existing accessory structure with the proposed addition will occupy approximately forty-four percent (44%) of the area. Therefore, the applicant is requesting a variance to allow an accessory structure to occupy more than thirty percent (30%) of the rear yard area. 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 enlarged accessory structure will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested 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 (NOVEMBER 16, 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 variances 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 4 ayes, 0 nays and 1 absent. 2 NOVEMBER 16, 2023 There being no further business before the Board, the meeting was adjourned at 5:40 p.m. Date: Chairman Secretary