boa_12 21 2023LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA PROCEDURE
DECEMBER 21, 2023
4:00 P.M.
I. Roll Call and Finding of a Quorum
II. Approval of the Minutes of the November 16, 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
DECEMBER 21, 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 November 16, 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
DECEMBER 21, 2023
4:00 P.M.
I. OLD BUSINESS:
A. Z-9843 2407 North Pierce Street
A variance is requested from area regulations of Sec. 36-254
to allow a reduced rear yard setback in the R-2 district.
II. NEW BUSINESS:
1. Z-4643-B Northeast Corner of W. 10t" Street and Wolfe Street
A variance is requested from the development provisions and
the area provisions of Section 36-281 to allow a new building
with increased building height and reduced setbacks.
2. Z-7799-B 1110 Rahling Road
A variance is requested from the building height provisions of
Section 36-301 to allow a new hotel building with increased
building height from the allowed 35 feet to 55 feet.
3. Z-7977-A 1812 Beechwood Street
A variance is requested from the front and side yard Setback
provisions of Section 36-254.
A variance is requested from the side yard setback and area
coverage provisions of Section 36-156 for an accessory
structure.
4. Z-9618-A 101 South Bowman Road
A variance is requested from the parking provisions of Section
36-502 to permit the renovation of commercial use to
restaurant and expansion of an outdoor eating area without
providing additional parking.
5. Z-9758-A 93 Orle Circle
A variance is requested from the area provisions of 36-156 to
allow a swimming pool (accessory structure) with reduced
setbacks from side and front yard property lines.
DECEMBER 21, 2023
ITEM NO.: A 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 1/2 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. 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 will extend the primary structure 40-feet into the
rear yard and cross the 25-foot setback line 22-feet.
1
DECEMBER 21, 2023
ITEM NO.: A (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 three (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.
Board of Adjustment (DECEMBER 21, 2023)
The applicant was present. The item was on the consent agenda; however, the item was
requested to be deferred by the applicant and with the City Attorney's agreement. Staff
presented the application to the Board and stated it recommended approval of the
requested rear yard setback reduction from 25 feet to a minimum of 3 feet as outlined in
the staff report. There was a motion to approve the deferral. The motion was seconded.
The application was deferred. The vote was 4 ayes, 1 nays and 0 absent.
2
DECEMBER 21, 2023
ITEM NO.: 1 Z-4643-B
File No.: Z-4643-B
Owners: Arkansas Childrens Hospital
Applicant: Ed Hankins / McClelland Engineers
Address: Southeast corner of West loth Street and Wolfe Street
Intersection.
Legal Description: Lots 1 2 & 3 12 Exempt, Marshall & Wolfe City of Little Rock,
Pulaski County AR
Current Zoning: O-3
Present Use: Undeveloped
Proposed Use: Outpatient Medical Facility
Variance(s) Requested: A variance is requested from the development provisions and
the area provisions of Section 36-281 to allow a new building
with increased building height and reduced setbacks.
Justification: The applicant's justification is presented in the attached letter.
STAFF REPORT:
A. Planning and Development Civil Engineering Comments:
Plans to be reviewed during building permit.
B. Landscape and Buffer Comments:
All landscaping and buffer areas for the new development must comply with
Chapters 15 and 36 of the City of Little Rock Code of Ordinances.
C. Building Codes Comments:
No comments required.
D. Staff Analysis:
The 0-3 zoned property located along at the southeast corner of the West 10th Street
and Wolfe Street intersection is comprised of 1.04 acres and is currently undeveloped
with the remains of a parking area at the northwest corner of the lot. The property is
open and cleared of debris.
The applicant proposes to construct a multi -level medical building on the site as noted
on the attached site plan. The proposed medical building will be located within the
north half of the lot, with paved service drive at the rear (south) side of the building
1
DECEMBER 21, 2023
ITEM NO.: 1 (CON'T.) Z-4643-B
and a new circular drop off area at the front (north) side of the building connecting to
West loth Street.
The proposed building will be four (4) stories in height, with a total floor area of
approximately 202,000 square feet. The proposed building height will be seventy (70)
feet, as viewed from the lowest finished floor (north elevation) to the highest point of
the building's flat roof.
Section 36-281(c) allows a maximum building height of 45-feet for 0-3 zoned property.
The proposed building will have a height of 70-feet as viewed from the low sides of
the property (north elevation). Therefore, the applicant is requesting a variance to
allow the increased building height from forty-five (45) to seventy (70).
The site plan indicates the proposed medical building will be located 6.62-feet of the
north property line, 3.05-feet from the west property line and 3.08-feet from the east
property line.
Section 36-281(d) (2) allows a minimum side yard setback of ten (10) feet from the
property line. Therefore, the applicant is requesting a variance to allow a structure to
be adjacent to a public sidewalk with the side yard setbacks reduced from the required
ten (10) feet to 3.05- feet on the west and 3.08-feet on the east from a property line .
Section 36-258 (d) (1) allows a minimum front yard setback of twenty-five (25) feet
from the property line. Therefore, the applicant is requesting a variance to allow a
structure to have the front yard setback reduced from the required twenty-five (25)
feet to 6.62- feet on the north from a property line.
Staff is supportive of the requested variances. Staff views the request as reasonable,
as the property is located near the intersections of collector streets to the east and
west of the site. The property is bordered by 0-2 and POD Commercial zonings.
Given the property's location and the site's topography as it relates to the surrounding
structures of the Arkansas Childrens Hospital campus, staff believes that the building
height variance is appropriate and should have no adverse impact on the surrounding
properties.
E. Staff Recommendation:
Staff recommends approval of the requested building height and setback variances,
subject to the descriptions and any conditions in the "staff analysis," and the following
conditions:
1. A building permit being obtained for all construction.
2. Abide by all site development requirements for 0-3 and 0-2 zoned properties.
3. Compliance with the Landscape and Buffer requirements of Chapters 15 and 36
of the City's code.
2
DECEMBER 21, 2023
ITEM NO.: 1 (CON'T.) Z-4643-B
Board of Adjustment (DECEMBER 21, 2023)
The applicant was present. There were no objectors present. The item was on the consent
agenda. Staff presented the application to the Board and stated it recommended
approval of the requested building height and setback variances be allowed as per the
staff report analysis and report with stated conditions. There was a motion to approve the
application on consent. The motion was seconded. The application was approved. The
vote was 5 ayes, 0 nays and 0 absent.
3
DECEMBER 21, 2023
ITEM NO.: 2 Z-7799-B
File No.: Z-7799-B
Owners: Deltic Real Estate, LLC
Applicant: Joe White & Associates, Inc. (authorized agent)
Address: 1110 Rahling Road
Legal Description: A portion of Lot 8, Tract 1, Chenal Valley, containing
approximately 2.47 acres, more or less.
Current Zoning: C-3
Present Use: Undeveloped
Proposed Use: Hotel
Variance(s) Requested: A variance is requested from the building height provisions of
Section 36-301 to allow a new hotel building with increased
building height from the allowed 35 feet to 55 feet.
Justification: The strict enforcement of these provisions would be a hardship
to constructing a four-story hotel.
STAFF REPORT:
A. Planning and Development Civil Engineering Comments:
No comments.
B. Landscape and Buffer Comments:
All landscaping and buffer areas for the new development must comply with
Chapters 15 and 36 of the City of Little Rock Code of Ordinances.
C. Buildina Codes Comments:
No comments required.
D. Staff Analysis:
The C-3 zoned property located near the northeast corner of Chenal Parkway and
Rahling Road 2.47 acres and is currently undeveloped. The property is mostly tree
covered and generally slopes downward from northeast to southwest. Currently the
site is adjacent to a newly completed Chenal Commons Apartment development to the
northeast.
1
DECEMBER 21, 2023
ITEM NO.: 2 (CON'T.) Z-7799-B
The applicant proposes to construct a multi -level hotel building on the site as noted on
the attached site plan. The proposed hotel building will be located within the eastern
portion of the lot, with parking covering the western portion. An access drive will be
located along the south perimeter of the property connecting to Rahling Road and
Chenal Parkway. The proposed building will be four (4) stories with a building height
of up to fifty-five (55) feet.
Section 36-301(d) allows a maximum building height of 35-feet for C-3 zoned property.
The proposed building will have a height of 55-feet. Therefore, the applicant is
requesting a variance to allow the increased building height from thirty-five (35) feet to
fifty-five (55) feet.
Staff is supportive of the requested variance. Staff views the request as reasonable.
The property is bordered by C-3, 0-2, and near MF24 zonings. Given the property's
location within the new development and the site's topography, staff believes that the
building height variance is appropriate and should have no adverse impact on the
surrounding properties.
E. Staff Recommendation:
Staff recommends approval of the requested building height variance, subject to the
descriptions and any conditions in the "staff analysis," and the following conditions:
1. A building permit being obtained for all construction.
2. Abide by all site development requirements for C-3 zoned properties.
3. Compliance with the Landscape and Buffer requirements of Chapters 15 and 36 of
the City's code.
Board of Adjustment (DECEMBER 21, 2023)
The applicant was present. There were objectors present. Staff presented the
application to the Board and stated it recommended approval of the building height
variance per the staff report analysis and report with the stated conditions. There was
a motion to approve the application on consent. The motion was seconded. The
application was approved. The vote was 5 ayes, 0 nays and 0 absent.
2
DECEMBER 21, 2023
ITEM NO. 3 Z-7977-A
File No.: Z-7977-A
Owners: Brad and Suzanne Howard (Howard Family Living Trust)
Applicant: Ellen Yearly / Yearly Lindsey Architects
Address: 1812 Beechwood Street
Legal Description: Part of Plots 140 and 141 in Shadowlawn Addition to the City of
Little Rock, Pulaski County, Arkansas, approximately 0.23 acres
Current Zoning: R-2
Present Use: Single-Family Residence
Proposed Use: Single-Family Residence
Variance(s) Requested: A variance is requested from the front and side yard Setback
provisions of Section 36-254.
A variance is requested from the side yard setback and area
coverage provisions of Section 36-156 for an accessory
structure.
Justification: The applicant's justification is presented in the attached
Cover Letter.
STAFF REPORT:
A. Planning and Development Civil Engineering Comments:
No comments.
B. Landscape and Buffer Comments:
All landscaping and buffer areas for the new development must comply with the
Chapters 15 and 36 and the Heights Landscape Overlay District of the City of Little
Rock Code of Ordinances.
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.
1
DECEMBER 21, 2023
ITEM NO. 3 (CON'T.) Z-7977-A
D. Staff Analysis:
The R-2 zoned property at 1812 Beechwood Street is located northwest of
Beechwood Street and the Cantrell Road intersection within the Heights Landscape
Design Overlay District. The two-story structure is oriented to the northeast fronted by
Beechwood Street with a paved access drive along the northwest portion of the
property connecting to Beechwood Street.
The site plan indicates the applicant is proposing multiple additions to the property.
• To enlarge the front porch on the north facade.
• To add a covered breezeway along the east facade.
• To expand the house along the south facade.
To replace the existing garage in the rear yard.
The new front porch will extend into the 25-foot front yard setback a maximum of
5-feet for a maximum of 23-feet in width.
Section 36-254(d)(1) states "There shall be a front 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 front porch into the front yard setback reducing the setback
to no less than 20-feet in the area of the porch and stairs.
The proposed breezeway and screened porch will extend into the 7-foot side setback
a maximum of 4 feet for a maximum of 32 feet in width.
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 (breezeway and screened porch) along
the east perimeter of the property into the side yard setback reducing the setback to
no less than 3-feet in the area of the breezeway and porch.
The proposed house additions are within the building area of the lot and require no
variance.
The site plan indicates that the proposed new accessory garage structure will be
approximately 688-square feet in area and sit upon the existing garage footprint within
the 1,725 square foot rear yard area. The new structure is shown to be larger than the
original structure and have a covered porch area along the southeast facade. The
new structure will occupy approximately 40% of the required rear yard area.
The site plan indicates that the new accessory garage structure will be located
approximately 1-foot-4 inches from the west property line and abut the existing 4-foot
easement along the south property line.
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. No setback shall be required for an accessory building upon the
alley." Therefore, the applicant is requesting a variance to allow the extension of the
2
DECEMBER 21, 2023
ITEM NO.: 3 (CON'T.) Z-7977-A
accessory structure (garage) along the west perimeter of the property into the side
yard setback reducing the setback from 3-feet to no less than 1-foot-4 inches.
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 sideline and may not occupy more than thirty (30) percent
of the required rear yard area..." Therefore, the applicant is requesting a variance to
allow an accessory garage structure with a minimal expansion to exceed the coverage
requirements to a maximum 40%.
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. Front yard setback for the extension of the front porch reducing the setback to
no less than 20-feet in the area of the porch and stairs.
b. Side (east) yard setback for the extension of the primary structure (breezeway
and screened porch) along the east perimeter of the property into the side yard
setback reducing the setback to no less than 3-feet in the area of the breezeway
and porch.
c. Side (west) yard setback reduction from the required 3-feet to no less than
1 foot-4 inches for a new accessory garage structure in the rear yard area.
d. Rear yard coverage area reduction from the required 30% to no more than 40%
for an accessory garage structure.
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 (DECEMBER 21, 2023)
The applicant was present. There were no objectors present. The item was moved to the
regular agenda per a commissioner request. Staff presented the application to the Board
and stated it recommended approval of the requested variances for the front yard
setback, east side yard setback, west side yard setback and rear yard coverage setbacks
per the staff report analysis and report. The commissioner questioned the east side yard
setback request and the applicant removed that request. There was a motion to approve
the application. The motion was seconded. The application was approved on consent.
The vote was 5 ayes, 0 nays and 0 absent.
3
DECEMBER 21, 2023
ITEM NO. 4 Z -9618-A
File No.: Z-9618-A
Owner: South Bowman LLC
Applicant: Robert Kempkes / Taylor -Kempkes Architects
Address: 101 S Bowman Road
Description: Lot 1, Erwin Addition to the City of Little Rock, Pulaski County
Arkansas
Zoned: C-3
Variance(s) Requested: The parking provisions of Section 36-502 to permit the
renovation of commercial use to restaurant and expansion of
an outdoor eating area without providing additional parking.
Justification: The applicant's justification is presented as per the attached
letter dated September 07, 2021.
Present Use: C-3, Restaurant
Proposed Use: C-3, Restaurant
STAFF REPORT
A. Planning and Development Civil Engineering Comments:
No Comment.
B. Buffering and Landscape Comments:
No Comment.
C. Building Codes Comments:
No Comment.
D. Staff Analysis:
The C-3 zoned property is located at the southeast corner of Bowman Rd and West
Markham Street. The property is occupied by a 16,562 square foot, two-story
masonry building originally developed in 2006 as a bank with an ancillary office area.
Vehicular access is provided on both Bowman Rd and Markham St. Most of the
parking is located on the north, south, and west sides of the building with a drive
aisle and 2-parking spaces are located between the east side of building and
property line. The immediate surrounding properties fronting Bowman and Markham
are zoned commercial or R-2 and occupied by a large retail strip center, restaurants,
1
DECEMBER 21, 2023
ITEM NO. 4 (CON'T.) Z-9618-A
drive-thru bank, and open space. The adjacent east properties are occupied by a
convenience store on the southeast corner of Markham and Alamo Dr and single-
family residences that front Alamo Dr.
Restaurant uses require 1 parking space for every 100 square feet while the office /
institutional uses require 1 parking space for every 500 square feet. The building is
divided with 8,506 square feet of restaurant space, and 8,056 square feet of office
space. As the development exists, 102 parking spaces are required to meet the
minimum code requirements, 86 parking spaces are provided.
The applicant is proposing to increase the restaurant use by renovating the existing
drive-thru canopy area for an additional outdoor eating space. The proposed
restaurant spaces will occupy at total of 8,506 square feet with the balance of the
8,056 square feet remaining as office or common space. The renovations will require
an additional 16 onsite parking spaces.
Sec. 36-502(b)(3)(c) States, "Restaurants (and similar establishments serving food
and beverages), 1.0 space for each one hundred (100) square feet of gross floor
area." Therefore, the applicant is requesting a variance to allow a reduced amount
of off-street parking for a restaurant in a C-3 zoning.
Based on the analysis above, Staff believes the proposal is in keeping with the
commercial character and scale of the area and views the variance request as
reasonable.
E. Staff Recommendation:
Staff recommends approval of the requested reduced off-street parking requirement
variance subject to the comments and conditions outlined in the staff analysis, of the
agenda staff report.
Board of Adjustment (DECEMBER 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 off-street
parking variance 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 and 0 absent.
2
DECEMBER 21, 2023
ITEM NO. 5 Z-9758-A
File No.: Z-9758-A
Owners: Chattanya Musham
Applicant: Markus Homes Inc — Melinda Markus
Address: 93 Orle Circle
Legal Description: Lot 43, Block 113, Chenal Valley, an 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 the area provisions of 36-156 to
allow a swimming pool (accessory structure) with reduced
setbacks from side and front yard property lines.
Justification: The applicant's justification is presented in an attached letter.
STAFF REPORT:
A. Planning and Development Civil Engineering Comments:
Plans to be reviewed during building permit.
B. Landscape and Buffer Comments:
No Comments
C. Building Codes Comments:
No comments required.
D. Staff Analysis:
The site at 93 Orle Circle contains and recently constructed single-family dwelling
with a paved access drive extending north to Orle Circle. The lot has been mostly
cleared and slopes downward from east to west.
The applicant proposes to construct a 512-square-foot swimming pool accessory
structure in the northeast corner of the side yard area along the eastern perimeter
of the lot.
1
NOVEMBER 16, 2023
ITEM NO. 5 (CON'T.) Z-9758-A
The site plan indicates the proposed pool structure will be located approximately 35-
feet from the north (front) property line, 5.1-feet of the east (side) property line, 65-
feet from the south (rear) property line, and 6-feet from the primary residence.
Section 36-156 (a)(2)(c) of the City's Zoning Ordinance 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 is requesting a variance
to allow an accessory swimming pool structure to have a front property line
separation reduced from 60-feet to 35-feet in an R-2 district.
Section 36-156 (a)(2)(f) requires, for accessory buildings, a minimum three-foot
setback from any side or rear yard property line, except when abutting an alley,
where no setback is required. Therefore, the applicant is requesting variances to
allow an accessory swimming pool structure with a reduced side yard setback from
three (3) feet to two (2) feet from the east property line.
The applicant provided responses and additional information to all issues raised
during the staffs review of the application. To the staffs knowledge, there are no
outstanding issues.
Staff is supportive of the reduced front and side setback variances. The pool will be
located along the eastern perimeter of the property adjacent to an existing retaining
wall and believes the pool will have no adverse impact on the surrounding properties.
E. Staff Recommendation:
Staff recommends approval of the requested front property line setback variance,
subject to the descriptions and any conditions in the "staff analysis," and the
following conditions:
1. A building permit being obtained for all construction.
2. Abide by all site development requirements for R-2 zoned properties.
Board of Adjustment (DECEMBER 21, 2023)
The applicant was present. There were no objectors present. The item was moved to the
regular agenda per a commissioner request. Staff presented the application to the Board
and stated it recommended approval of the requested variances for the front yard setback
per the staff report analysis and report. The commissioner questioned the definition of
"accessory structure", after clarification the commission proceeded. There was a motion
to approve the application. The motion was seconded. The application was approved on
consent. The vote was 5 ayes, 0 nays and 0 absent.
2
DECEMBER 21, 2023
There being no further business before the Board, the meeting was adjourned at 4:41 p.m.
Date:
Chairman Secretary