boa_01 18 2024LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
JANUARY 18, 2024
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 December 21, 2023 meeting
of the Board of Adjustment
Members Present: Frank Allison — Chairman
Austin Grinder —Vice Chair
James Harkins
Jeremiah Russell
Members Absent: Richard Bertram
City Attorney Present: Sherri Latimer
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA PROCEDURE
JANUARY 18, 2024
4.00 P.M.
I. Roll Call and Finding of a Quorum
II. Approval of the Minutes of the December 21, 2023
meeting of the Board of Adjustment
III. Presentation of Consent Agenda
IV. Presentation of Hearing Items
LITTLE ROCK BOARD OF ADJUSTMENT
ABBREVIATED AGENDA
JANUARY 18, 2024
4:00 P.M.
I. OLD BUSINESS:
A. Z-9843 2407 North Pierce Street
A variance is requested from area provisions of Section 36-254
to allow a residence to have a reduced rear yard setback in the
R-2 district.
II. NEW BUSINESS:
1. Z-9905 49 Tallyho Lane
A variance is requested from the rear yard regulations of
Section 36-254 to allow a reduced rear yard setback in an R-2
zoning.
2. Z-9916 407 East Daisy L. Gaston Bates Drive
Variances are requested from the area coverage regulations
of Section 36-156 to allow an accessory structure to exceed
the allowed rear yard coverage area and the allowed front
setback in an R-4A zoning.
3. Z-9917 6 Clancy Court
A variance is requested from the area coverage regulations of
Section 36-254 to allow a reduced rear yard setback in an R-
2 zoning.
4. Z-9766-C 13008 West Markham Street
Appeal of staff recommendation to withdraw non -conforming
use status for Office (0-3) zoned property at 13008 West
Markham Street.
5. Election of 2024 Officers
JANUARY 18, 2024
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
JAN UARY 18, 2024
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.
Board of Adjustment (JANUARY 18, 2024)
The applicant was present. There were objectors present. The item was on the consent
agenda; however, it was moved to the regular agenda per commissioner request for
objector comment. 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 analysis and report. There was a motion to
approve the application. The motion was seconded. The application was approved. The
vote was 3 ayes, 1 nays and 1 absent.
2
JANUARY 18, 2024
ITEM NO.: 1 Z-9905
File No.: Z-9905
Owners: James Ramsey and Carla Smith
Applicant: Thomas Pownall
Thomas Engineering
Address: 49 Tallyho Lane
Legal Description: Foxcroft 4th 187, 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.
Justification: The applicant's justification is presented as per the attached
letter.
STAFF REPORT
A. Planning and Development Civil Engineering Comments:
Recommends reducing the proposed garage length to 37ft from 39.6ft to allow room
off the easement for clearance.
B. Buffering and Landscape Comments
No Comments.
C. Buildinq Codes Comments:
No Comments.
D. Staff Analysis:
The R-2 zoned property located at 49 Tallyho Lane is occupied by a single floor
residential structure with a paved access drive along the south perimeter of the site
connecting to Tallyho Lane to the west. The applicant states that the residence
received tornado damage in March 2023 and the original garage structure was
damaged beyond repair.
1
JAN UARY 18, 2024
ITEM NO.: 1 (CON 'T) Z-9905
The site plan indicates that a new proposed garage structure will be constructed in
the rear (east) yard area connecting to the main dwelling structure to the west and
a new paved access drive along the south perimeter of the property. The new 858
square foot garage structure will connect to the main dwellings roof structure and
extend 39.6-feet east into the rear (east) yard area and approximately 15-feet into
the regulated rear yard setback adjacent to an existing 10-foot easement along the
east perimeter of the property.
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 into the rear yard setback reducing
the setback to no less than 10-feet.
Staff is supportive of the requested variances. Staff views the requests as
reasonable. The reduction of yard area for the garage structure is similar to
development patterns in the area. Staff believes that the requested variance will
have no adverse impact on the surrounding properties.
E. Staff Recommendation:
Staff recommends approval of the requested 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. Reduction of the proposed garage length to 37ft from 39.6ft to allow
separation from the easement for clearance.
Board of Adjustment (JANUARY 18, 2024)
The applicant was present. There were objectors present. The item was on the consent
agenda; however, it was moved to the regular agenda per commissioner request for
objector comment. Staff presented the application to the Board and stated it
recommended approval of the requested variance, subject to the descriptions and any
conditions in the staff report analysis and report with stated conditions. There was a
motion to approve the application. The motion was seconded. The application was
approved. The vote was 3 ayes, 1 nays and 1 absent.
2
JANUARY 18, 2024
ITEM NO.: 2 Z-9916
File No.: Z-9916
Owners: Mark and Elaine Hinson
Applicant: Mark Hinson
Address: 407 East Daisy L Gaston Bates Drive
Legal Description: The east 65 feet of Lots 1 and 2, Block 54, Original City of Little
Rock
Zoned: R-4A
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
setback from the front yard property line.
A variance is requested from the area regulations of Section
36-156 to allow an accessory structure to occupy more than
thirty percent (30%) coverage of the rear yard.
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 R-4A zoned property located at 407 East Daisy L Gaston Bates Drive is
occupied by a two-story single-family residence with an accessory garage structure
containing a living area in the southeast portion of the rear yard area. The property
1
JAN UARY 18, 2024
ITEM NO.: 2 (CON'T.) Z-9918
is located on the south side of Bates Drive between South Rock Street and South
Commerce Street with an alleyway along the east perimeter of the site. The
applicant proposes to construct a 231-square-foot swimming pool accessory
structure in the east portion of the rear side yard area along the perimeter of the
alleyway.
The site plan indicates the proposed pool structure will be located approximately 42-
feet from the north (front) property line, 7.8-feet of the east (side) property line
adjacent to the alleyway, 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 42-feet in an R-4A district.
Section 36-156(a)(2)(c) requires the accessory building not to occupy more than
thirty percent (30%) of the required rear yard area. The proposed accessory pool
structure in conjunction with the existing accessory garage structure will occupy
approximately sixty percent (60%) of the area. Therefore, the applicant is requesting
a variance to allow the accessory structures to occupy more than thirty percent
(30%) of the rear yard area.
Staff is supportive of the reduced front setback and area coverage variances. The
accessory pool structure will be located along the eastern perimeter of the property
adjacent to an existing alleyway within a fenced yard area. Staff believes the pool
structure will have no adverse impact on the surrounding properties.
E. Staff Recommendation:
Staff recommends approval of the requested front property line setback variance
and area coverage variance for an accessory pool structure, 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-4A zoned properties.
Board of Adjustment (JANUARY 18, 2024)
The applicant was present. There were objectors present. Staff presented the application
to the Board and stated it recommended approval of the requested front property line
setback variance and area coverage variance for an accessory pool structure, per the
staff report analysis and report with the stated conditions. There was a motion to approve
the application. The motion was seconded. The application was approved. The vote was
4 ayes, 0 nays and 1 absent.
2
JAN UARY 18, 2024
ITEM NO.: 3 Z-9917
File No.: Z-9917
Owners: Nathan and Karis Havens
Applicant: Mike Irman
Lewis Construction Co.
Address: 6 Clancy Court
Legal Description: Lot 18R, Stonecreek Phase 1, 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.
Justification: The applicant's justification is presented as per the attached
letter.
STAFF REPORT
A. Planninq 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 6 Clancy Court is occupied by a single -story single-family
residence. A paved access driveway from connecting to Clancy Court is located at
the west portion of the lot and a concrete patio pad is located along the east side of
the residence in the rear yard area.
1
JAN UARY 18, 2024
ITEM NO.: 3 (CON'T.) Z-9917
The site plan indicates that the existing 192-square foot concrete patio pad extends
east from the residence approximately 12-feet into the rear (east) yard setback
area.
The applicant proposes to construct a wood frame enclosure upon and over the
existing concrete patio pad connected to the existing residence. The applicant
states the enclosure will have a roof structure matching the existing residence along
with screen walls and an access door.
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 into the rear yard setback reducing
the setback to no less than 13-feet.
Staff is supportive of the requested variance. Staff views the requests as
reasonable. The reduction of yard area for the screen porch structure is similar to
development patterns in the area. Staff believes that the requested variance will
have no adverse impact on the surrounding properties.
E. Staff Recommendation:
Staff recommends approval of the requested rear yard setback reduction from
twenty-five (25) feet to a minimum of 13-feet, with the following conditions:
1. A building permit being obtained for all construction.
Board of Adjustment (JANUARY 18, 2024)
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 reduction from 25 feet to a minimum of 13 feet with conditions per the staff report
analysis and report. as outlined in 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, 0 nays and 1 absent.
2
JANUARY 18, 2024
ITEM NO. 4 Z-9766-C
File No.: Z-9766-C - Appeal
Owner: Raul Moreno Jr. and Marian Solorzano
Applicant: Raul Moreno Jr. and Marian Solorzano
Address: 13008 West Markham Street
Legal Description: On file
Zoned: O-3 (General Office)
Variance(s) Requested: An appeal of the City's Revocation of Non -Conforming Status.
Justification: The applicant's justification is presented in attached letter
dated November 30, 2023.
STAFF REPORT
A. Planning and Development Civil Engineering:
No Comments.
B. Landscape and Buffers:
No Comments.
C. Building Codes:
No Comments.
D. Staff Analysis:
13008 West Markham Street lies within the limits of the City of Little Rock and is
zoned 0-3 General Office. The property has been utilized as a residence of the since
construction in 1966. The property was purchased by Raul Moreno and Maria
Solorzano in November of 2022.
In March 2023 the applicant filed an application to Little Rock Planning Commission
for rezoning of the property from 0-3 to Planned Commercial Development (PCD)
to allow an "events" or "events center" use at the residence. The application was
deferred at the hearing by request of the applicant to the April 2023 hearing. The
application was then deferred by staff to the June 2023 hearing due to Mr. Moreno's
absence from the Planning Commission Meeting in April 2023. However, the
application was withdrawn from consideration (without prejudice) by Mr. Moreno on
June 8, 2023.
In October 2023 the applicant filed an application to Little Rock Planning
Commission for rezoning of the property from 0-3 to Planned Development -
Commercial (PD-C) (STR-2) to allow a Short -Term Rental use of the property.
However, the request was withdrawn by request of Mr. Moreno at the Planning
Commission hearing with approval of the commission.
1
JAN UARY 18, 2024
ITEM NO. 4 (CON'T.) Z-9766-C
Responding to a complaint, in July 2023 the City issued a Zoning Violation Notice,
stating operation of an (STR-2) Short -Term Rental is not allowed in the O-3 zoning
district. A letter dated July 26, 2023, was sent to Raul Moreno and Maria Solorzano
stating that the property has a designation of non -conforming use as a single-family
residence within a property zoned O-3. Mr. Moreno subsequently communicated
with City staff in hopes of resolving the violation.
Responding to a complaint in August 2023, staff monitored the property from August
2023 to October 2023 and found that the property had been continuously advertised
on a major short-term rental website. Staff also noted that the residential dwelling
was being occupied by other uses than a single-family residence.
On October 26, 2023, the City issued a Letter of Notice to Raul Moreno Jr. stating
that the property had failed to comply with the Non-Conforming Use Ordinance and
the current use as a Short -Term Rental was not permitted in an O-3 zoning, thus the
non -conforming designation was revoked.
Staff Comments:
"The Little Rock Planning & Development Department had determined the property
located at 13008 W. Markham as a legally non -conforming use for Single Family
Residential when purchased in November 2022. The property is currently zoned O-
3 General Office. The only allowed uses are non-conforming Single Family
Residential use or 0-3 permitted uses. You may have an O-3 permitted use but the
residential use will be lost as that is not a permitted use in O-3 zoning. In order to
keep the residential non -conforming status, you must cease and desist the short
term rental and reduce the extra parking pad to code. You must comply within seven
(7) days or the non -conforming residential use will be lost.
The nonconforming property is regulated under Chapter 36, Article lll, Sections 36-
151 through 36-156. A nonconforming use shall not be extended, expanded,
enlarged or increased in intensity to any structure or land area other than that
occupied by such nonconforming use on the effective date of this chapter, or any
amendment hereto which causes such use to become nonconforming. A
nonconforming use of a building or lot may not be changed to another
nonconforming use, whether or not the uses are in the same zoning classification.
Any time there is a proposed change in occupancy of a nonconforming property,
where the property is nonconforming to the underlying zoning, the determination of
planning staff that the nonconforming use may continue shall be posted on the site.
The notice shall be posted continuously for seven (7) days at the owner's expense
on signage provided by the planning department.
Any person may appeal the determination to the board of zoning adjustment. Any
appeal of the determination must be filed no later than ten (10) days after the date
the property was first posted. Any violation of these standards shall result in
2
JAN UARY 18, 2024
ITEM NO, 4 (CON' T.)
discontinuance of the nonconforming use. A nonconforming use that has been
discontinued or abandoned for a period of six (6) months shall not be reestablished
or resumed. Any subsequent use or occupancy of such land or structure shall
comply with the regulations of the zoning district in which such land or structure is
located.
Motor vehicle parking on residential properties is regulated under Chapter 36,
Article lll, Section 36-513 (d) (5), (7). Any residential parking area that is not
paved shall be delineated in some manner that clearly identifies a stationary
twenty -foot parking area, -
No delineated or paved parking area shall have more than one (1) twenty -foot by
twenty -foot flagpole, in addition to any paved driveway that is no greater in width
than the width of the garage, which for this section means an area that can be
used for additional parking, the permitted parking of a boat or another vehicle, or
that can be used to assist in turning a vehicle in order to enter an adjacent
street."
In November 2023 the applicant filed an appeal of the Planning Department Staff's
Revocation of Non -Conforming Status to the Little Rock Board of Adjustment to
reinstate the non -conforming status and allow the dwelling to be used as a single-
family residence.
In December 2023 the applicant filed an application to Little Rock Planning
Commission for rezoning of the property from 0-3 to Planned Development -
Commercial (PD-C) (STR-2) to allow a Short -Term Rental use of the property.
The Board of Adjustment is asked to determine if Staff's Revocation of Non -
Conforming use is appropriate pursuant to Chapter 36, Article III, Sections 36-151
through 36-156 of the Little Rock Code of Ordinances.
JANUARY 18, 2024
ITEM NO.: 5 ELECTION OF OFFICERS
Frank Allison was nominated, seconded and elected President. The vote was 4 ayes, 0
nays, and 1 absent. Austin Grinder was nominated, seconded and elected Vice -
President. The vote was 3 ayes, 0 nays, 1 absent and 1 present.
BOARD OF ADJUSTMENT - VOTE RECORD
DATE: January 18, 2024 Time: 4:05 PM
Time In / Time Out
In
Out
ALLISON, FRANK
✓
BERTRAM, RICK
A
GRINDER, AUSTIN
✓
HARKINS, JAMES web -ex
✓
RUSSELL, JEREMIAH
✓
Min
Cnst
rceguiar
A enda
Agenda
ITEM & VOTE Item Number:
2 & 3
1
A
ALLISON, FRANK
✓
✓
`/
BERTRAM, RICK
A
A
A
A
GRINDER, AUSTIN
✓
`/
v
V
HARKINS, JAMES web -ex
✓
✓
✓
`/
RUSSELL, JEREMIAH
✓
✓
X
X
AYE AAYE A ABSENT R_RECUSE
Officer Elections
5 Chair
5 Vice -Chair
Allison
Grinder
A
A
✓
present
Meeting Adjourned 5:31 PM
JANUARY 18, 2024
There being no further business before the Board, the meeting was adjourned at 5:31 p.m.
Date:
Chairman Secretary