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