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HomeMy WebLinkAboutboa_05 23 2016LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES MAY 23, 2016 2:00 P.M. Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. Approval of the Minutes of the Previous Meetings The Minutes of the April 25, 2016 meeting were approved. Members Present: Frank Allison Carolyn Lindsey Polk Christopher Smith Robert Tucker, Vice Chairman Members Absent: Jeff Yates, Chairman City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA MAY 23, 2016 2:00 P.M. I. OLD BUSINESS: No Old Business II. NEW BUSINESS: 1. Z -4546-C 509 Scott Street 2. Z -7945-A 4910 Kavanaugh Blvd. 3. Z -9113-A 15108 Angus Court, 4004 Lochridge Cove, 4008 Lochridge Cove 4. Z-9138 1611 Rock Street 5. Z-9139 356 North Ridge Road 6. Z-9140 2119 N. Garfield Street 7. Z-9141 306 Main Street MAY 23, 2016 ITEM NO.: 1 File No.: Z -4546-C Owner: Christ Episcopal Church Applicant: Rev. Scott Walters Address: 509 Scott Street Description: Southeast corner of Scott Street and Capitol Avenue Zoned: UU Variance Requested: A variance is requested from the sign provisions of Section 36-342.1 to allow a new ground -mounted sign to replace an existing ground -mounted sign. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Church Proposed Use of Property: Church STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The UU zoned property at 509 Scott Street is occupied by the Christ Episcopal Church facilities. The property is located at the southeast corner of Scott Street and Capitol Avenue. The church building is located within the northwest quarter of the block, with paved parking on the south side of the church building. Access drives from Scott Street and an alley along the east property line serve as access to the parking lot. The church has an existing ground -mounted sign within a landscaped area at the northwest corner of the property, at the intersection of Scott Street and Capitol Avenue. The existing sign is approximately six (6) feet in height and 24 square feet in area. The applicant is proposing to remove the existing ground -mounted sign and install a new ground -mounted sign, as noted on the attached sketch maps. The proposed sign will be an 'I" shaped sign, with signage between two (2) support posts along each street frontage (Scott Street and Capitol Avenue). The support posts will be 3.5 feet in height with a sign area of approximately 20 square feet. The design of the proposed sign will be in keeping with the Neo -Gothic architecture of the church building. MAY 23, 2016 ITEM NO.: 1 (CON'T.) Section 36-342.1(c )(11) of the City's Zoning Ordinance notes that ground -mounted signs are discouraged in the UU zoning district, and may only be permitted as a variance by the Board of Adjustment. Therefore, the applicant is requesting a variance to allow the existing ground -mounted sign to be replaced with a new ground -mounted sign. Staff is supportive of the requested variance to allow a ground -mounted sign in the UU zoning district. Staff views the request as reasonable. The proposed ground - mounted sign will replace an existing ground -mounted sign which is slightly taller, and located at a 45 degree angle to the intersection. The new "L" shaped sign should provide better visibility in identifying the property. The proposed ground -mounted sign will need to be located at least five (5) feet back from the west and north property lines. The Public Works Department made no comments on the sign proposal. Staff will require a sign -off from the Traffic Engineering Division of Public Works to be submitted at the time a sign permit is applied for. Staff believes the proposed ground -mounted sign will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the request to allow a ground -mounted sign in the UU zoning district, subject to the following conditions: 1. The sign must be located at least five (5) feet back from the west and north property lines. 2. A sign -off from the Public Works Traffic Engineering Division will be required at the time of sign permit application. BOARD OF ADJUSTMENT (May 23, 2016) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by the vote of 4 ayes, 0 noes and 1 absent. I IIIIIIIIIIII I ltk Christ ChurchC.- April 25, 2016 Board of Adjustment Planning and Development Dept. 723 West Markham Street Little Rock, AR 72201 Dear Members of the Board of Adjustment, Thank you for considering our request for a variance from the zoning codes for signs. It is our understanding that our zoning designation changed since our present sign was installed, making this application necessary as we prepare to replace it. Our current sign on the corner of Capitol and Scott has aged, and it has not aged well. It was made with synthetic materials that we have repaired over the years but cannot do so any longer. So we have been in conversation with an ironworker who has proposed a design that would be more in keeping with the neo -Gothic architecture of our church building and generally much more elegant and attractive. The new sign will be a custom fabrication by David Frazier of Fire and Iron LLC, a very reputable and experienced artisan. It will be built from wrought iron, corten steel and, acid washed zinc, the zinc providing a lighter background for the corten lettering. And rather than arranging a single sign at a 45 degree angle from the street, we are proposing an L-shaped sign, joined at the northwest corner of the bed of vinca on the northwest corner of our property. In recent years we have made significant improvements to our landscaping. Improving our sign would be a next step in what we see as being good and welcoming neighbors to the people who walk our sidewalks or work nearby, and a small addition to the improvement and beautification of our neighborhood that is very much underway. Thank you again for your consideration of this request. Please don't hesitate to call if you have questions or if I can be of help in any way. Best regards, �e'ok— ar,� The Rev. Scott Walters Rector Little Rock's Downtown Episcopal Church 509 Scott Street I Little Rock, AR 72201 1 PH 501.375.2342 1 christchurchlr.org MAY 23, 2016 ITEM NO.: 2 File No.: Owner: Applicant: Address: Description.- Zoned: escription:Zoned: Variance Requested: Justification: Present Use of Property Z -7945-A Lyto, Inc. Tami C. Threet 4910 Kavanaugh Blvd. East side of Kavanaugh Blvd., north of Cantrell Road C-3 A variance is requested from the parking provisions of Section 36-502 to allow a restaurant use with a reduced number of parking spaces. The applicant's justification is presented in an attached letter. Commercial Proposed Use of Property: Commercial and Restaurant STAFF REPORT 0 Public Works Issues: No Comments. Staff Analysis: The C-3 zoned property at 4910 Kavanaugh Blvd., is occupied by two (2) one-story commercial buildings. There is paved parking between the two (2) buildings as well as along the north, east and west sides of the northernmost building. There is a total of 41 parking spaces on the site. There are two (2) paved driveways from Kavanaugh Blvd., which serve as access. The applicant proposes to utilize 3,750 square feet of the southernmost building as a restaurant. The proposed restaurant will occupy the south portion of that building. The applicant proposes to utilize the existing shared parking arrangement which exists between the two (2) buildings. The applicant notes that the restaurant will be open 4:30 P.M. to 12:30 A.M., seven (7) days a week. Most of the other shops within these two (2) buildings will not be open during these times. With the addition of the restaurant use, Section 36-502(b)(3)c. of the City's Zoning Ordinance requires a minimum of 57 parking spaces for the two (2) buildings combined. There is a total of 10,000 square feet for the two (2) buildings. Therefore, the applicant is requesting a variance to allow the new restaurant use to occupy a MAY 23, 2016 ITEM NO.: 2 CON'T. portion of the southernmost building with a reduced number of parking spaces for the overall development. On October 31, 2005, the Board of Adjustment approved a parking variance to allow a restaurant use within this same building. However, the restaurant use was not established, and the variance expired after two (2) years. Staff is supportive of the requested variance. Staff feels the variance request is reasonable, given the fact that 41 parking spaces currently exist on the site. The restaurant use alone requires 37 parking spaces. If the other uses on the property are closed a majority of the time when the restaurant is in operation, parking will not be an issue. Staff believes an overlap in the hours of operation will also create no parking issues. There is also some additional on -street parking to the north along Kavanaugh Blvd., and Van Buren Street. Staff believes the use of a portion of the southernmost building as a restaurant with the existing parking arrangement will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation.- Staff ecommendation: Staff recommends approval of the requested parking variance, subject to the following conditions: 1. A maximum of 3,750 square feet of the two (2) existing building may be utilized as a restaurant use. 2. The hours of operation for the restaurant use are limited to the evening hours after 4:30 P.M. BOARD OF ADJUSTMENT (May 23, 2016) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by the vote of 4 ayes, 0 noes and 1 absent. LAX •VAUGHAN LAX, VAUGHAN, FORTSON, ROWE & THREET, P.A. TAMI C. THREET tthrcct@laxvaughan.com Via Hand -Delivery Mr. Monte Moore ATTORNEYS AND COUNSELORS CANTRELL WEST BUILDING 11300 CANTRELL ROAD, SUITE 201 LITTLE ROCK, ARKANSAS 72212 TELEPHONE (501) 376-6565 FACSIMILE (501) 376-6666 April 26, 2016 Department of Planning and Development 723 W. Markham St. Little Rock, AR 72201 Re: 4910 Kavanaugh Blvd. (the "Property") Dear Mr. Moore: J .� _,4 2 ,a- 7-7415 - ►4 7- t2 pl ) Direct Line (501)907-5447 I represent the Pizzeria, a business that is the tenant of the above -referenced Property. In that regard, enclosed please find the following documents requesting a zoning variance for the above -referenced Property: 1. Application For Zoning Variance; 2. Six (6) copies of a survey for the Property; and 3. Check in the amount of $205.00 for the filing of this application. We will forward the executed Affidavit authorizing me to sign the Application for Zoning Variance on behalf of Thomas Samuel of Lyto, Inc., the owner of the Property, immediately upon our receipt. We are requesting the zoning variance for a 3,750 square foot portion of the southernmost part of the building, containing approximately 4,100 square feet, more or less, for evening restaurant use. The restaurant will be in operation seven (7) days a week from 4:30 p.m. to 12:30 a.m. Based on our understanding, the Property currently has 43 parking spaces. All other tenants are retail or service businesses. We believe that this restaurant use will be of great benefit to the Property, as well as enhancing the character of the Heights community. The current location of the Pizzeria is less than a block away and parking at the Property is substantially better at this new location. If you have any questions or need further information, please do not hesitate to contact me at the number above. We sincerely appreciate your assistance in this matter. Mr. Monte Moore April 26, 2016 Page 2 Sincerely, Tami C. Threet TCT/mh Enclosures cc: Ms. Jacquelyn C. Pittman (via email) Mr. Thomas Samuel (via email) MAY 23, 2016 ITEM NO.: 3 File No.: Owner: Applicant: Address: Description: Zoned: Z -9113-A Ives Custom Homes Donnie Holland 15108 Angus Court, 4004 Lochridge Cove and 4008 Lochridge Cove Lots 44, 50 and 51, Lochridge Estates Addition M Variance Requested: Variances are requested from the building line provisions of Section 31-12 and the area provisions of Section 36-254 to allow construction of three (3) residences with reduced fronl setbacks and which cross front platted building lines. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Lots Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The three (3) R-2 zoned lots at 15108 Angus court, 4004 Lochridge Cove and 4008 Lochridge Cove are currently undeveloped and are Lots 44, 50 and 51 of the Lochridge Estates Addition. 15108 Angus Court (Lot 44) is located at the Southeast corner of Angus Court and Lochridge Drive, with 4008 Lochridge Cove (Lot 51) being at the southeast corner of Lochridge Cove and Lochridge Drive. 4004 Lochridge Cove (Lot 50) is located immediately south of Lot 51 on the east side of Lochridge Cove. 15108 Angus Court has a 25 foot platted building line along the west (front) and north (street -fronting) property lines. 4008 Lochridge Cove has a 25 foot platted building line along its west (front) and north property lines, with 4004 Lochridge Cove having a 25 foot platted building line along its west (front) property line. The applicant notes that Lot 44 has a 23 percent slope downward from west to east and south to north, Lot 50 has a slope of 24 percent downward from west to east and south to north, and Lot 51 has a 20 percent slope downward from west to east and south to north. MAY 23, 2016 ITEM NO.: 3 (CON'T.) The applicant is proposing to construct a one-story brick residence on each of the three (3) lots, as noted on the attached site plans. Because of the slope of the lots, the applicant is proposing to locate the residences closer to the front property lines at the high point of each lot. Lot 44 (15108 Angus Court) has a proposed front setback ranging from 12.4 feet to 25 feet. Lot 50 (4004 Lochridge Cove) has a proposed front setback ranging from 14.7 feet to 25 feet. Lot 51 (4008 Lochridge Cove) has a proposed front setback ranging from 15 feet to 28 feet. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 31-12(c ) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the construction of three (3) residences with reduced front setbacks and which cross front platted building lines. Staff is supportive of the requested front setback and building line variances. Staff views the request as reasonable. Section 31-371 of the City's Subdivision Ordinance allows front setbacks (building lines) to be reduced to 15 feet when lots have slopes in excess of 18 percent. As noted previously, the subject lots have slopes ranging from 20 percent to 24 percent. The applicant is locating the residences at the high points of the lots, which staff feels is justified given the existing lot slopes. Additionally, the developer of the subdivision owns all of the three (3) lots in question, as well as almost all of the surrounding lots that have been final platted. Staff believes the requested front setback and building line encroachments will have no adverse impact on the adjacent properties or the general area. It is likely that other lots within this subdivision will need similar variances as they are proposed for development. If the Board approves the building line variances, the applicant will have to complete a one -lot replats reflecting the change in the platted front building lines for the proposed residences. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested front setback and building line variances, subject to the completion of a one -lot replat for each lot reflecting the change in the front platted building lines as approved by the Board. BOARD OF ADJUSTMENT (May 23, 2016) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by the vote of 4 ayes, 0 noes and 1 absent. HOLLAND SURVEYING _ 9 PROFESSIONAL LAND SURVEYING SERVICES #4281 LAKE NORRELL ROAD, ALEXANDER, ARKANSAS 72002 (CELL): 501-993-2893 (FAX): 501-320-4365 T0: The Little Rock Board of Adjustment 723 West Markham Little Rock, AR This application is to request a variance in the current building setback lines for Lots 44, 50 and 51, Lochridge Estates, Pulaski County, Arkansas and recorded in Plat Book "I" at Page 56 of the Pulaski County Records. The reason for requesting these variances is that the lots have an excessive slope at the desired building area. Attached are the survey plats of the lots with the areas requested for variance. Feel free to contact me with any questions. Donnie Holland, PLS#1625 .//- Z� -/6 MAY 23, 2016 ITEM NO.: 4 File No.: Z-9138 Owner: David O'Brien Applicant: Jennifer Herron Address: 1611 Rock Street Description: East side of Rock Street, between E. 16th and E. 1711 Streets. Zoned: R-4 Variance Requested: Variances are requested from the building material provisions of Section 36-370 and the coverage provisions of Section 36-156 to allow a new residence with metal siding and an accessory structure with increased rear yard coverage. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Lot Proposed Use of Property: Single Family Residential STAFF REPORT n Public Works Issues: No Comments. Staff Analysis: The R-4 zoned property at 1611 Rock Street is currently undeveloped. The 50 foot wide lot is located on the east side of Rock Street, between E. 16th and E. 17th Streets. The lot is mostly grass covered. The property is located within the Central City Redevelopment Corridor -Design Overlay District which was established in 1999 after a tornado hit the area. The applicant proposes to construct a one-story single family residence on the property, as noted on the attached site plan. The proposed residence will be 2,080 square feet in area, with a deck on the south side of the residence. The residence will comply with all ordinance required setbacks from property lines. The applicant proposes for the exterior finish of the residential structure to be 24 gauge steel with a board and batten application. The metal will have a weathered look, with the battens at 1 '/4" wide and 1 '/2" deep and placed 13 3/4" on center. The applicant is also proposing to construct a 400 square foot carport (unenclosed) within the rear yard area. The proposed carport complies with all ordinance required setbacks from MAY 23, 2016 ITEM NO.: 4 (CON'T.) property lines. The proposed carport will occupy 32 percent of the required rear yard area (rear 25 feet of the lot). Section 36-370(2) of the City's Zoning Ordinance, states that all new construction within the Central City Redevelopment Corridor DOD shall have a finished exterior wall of wood, brick or a material that resembles wood. Section 36-156(a)(2)c. allows accessory structures to have a maximum coverage of 30 percent of the required rear yard area (rear 25 feet of the lot). Therefore, the applicant is requesting variances from these ordinance standards to allow the new residence with a metal exterior finish and the accessory carport with an increased rear yard coverage. Staff is supportive of the requested variances. Staff views the request as reasonable. The proposed metal exterior will have a wood -like application, looking like a standard wood board and batten design. The applicant is also proposing a brown/rust coloring for the siding application, which will aid in the siding having a wood appearance. Additionally, there are other residences within this immediate area which have exterior metal finishes. With respect to the requested variance for increased rear yard coverage for the proposed carport, the proposed coverage of 32 percent is a very minor increase. The proposed coverage is only 25 square feet over the maximum allowed coverage of 375 square feet. Staff believes the requested variances for exterior finish and increased rear yard coverage will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested variances for exterior wall finish and increased rear yard coverage, subject to the following conditions: 1. The exterior metal finish must be a board and batten type application. 2. The exterior metal finish must have a brown/rust-like colorization which resembles wood. 3. The carport structure must remain unenclosed on all sides. BOARD OF ADJUSTMENT (May 23, 2016) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by the vote of 4 ayes, 0 noes and 1 absent. 2 April 25, 2016 Mr. Monte Moore City of Little Rock 723 West Markham Street Little Rock, AR 72201 Dear Monte: On behalf of our client, David O'Brien, we are requesting a variance for a proposed new single-family residence to be located at Lot 3, Block 52, in the original City of Little Rock, Pulaski County, Arkansas. The property is located in the Central City Overlay District and we are requesting a variance for the wall material. We propose a board and batten wall siding that has a concealed fastener panel, is made out of 24 gauge steel and has a weathered look. Please refer to the attached photo. The battens are 1 1/a" wide and approximately 1 1/2" deep. The board or panel is flat and the battens are spaced approximately 13 3/a" on center. We recommend the finish to be Cor -Ten AZP Raw. The manufacturer of this product is Bridgersteel. We believe this resembles the wood board and batten siding. For the roof material, we propose an acrylic coated galvalume corrugated metal roof, which is similar to the roofs in the neighborhood. We also request a variance for the proposed carport, which is located in the rear setback. The allowed area is 375 square feet for an accessory building; however, the proposed carport is 400 square feet which is 9% over the allowed square footage for an accessory building. Per zoning code the planning director may authorize one encroachment of structures into the required yard setback not more than 10%. Please refer to the site plan. Let us know if you have any questions. Sincerely, Jennifer Herron, AIA herron horton a (,.. f !-il +Hrton, AIA, LEED AP 1219 South Spring St. Little Rock, AR 72202 Phone 501.975.0052 Fax 501.372.7931 hh-architects.com MAY 23, 2016 ITEM NO.: 5 File No.: Z-9139 Owner/Applicant: Karen Fricke Address: 356 North Ridge road Description: Lot 375, Kingwood Place Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a carport addition with a reduced front setback and which crosses a front platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The R-2 zoned property at 356 North Ridge Road is occupied by a one-story brick and frame single family residence. The property is located on the south side of North Ridge Road, near the west end of the roadway. There is a two -car wide driveway at the northeast corner of the lot. The driveway leads to a two -car carport at the northeast corner of the residence. The lot contains a 25 foot platted front building line. The applicant proposes to enclose the existing carport and extend the width of the existing front porch area. The applicant also proposes to construct a new carport addition on the front of the residence, at the northeast corner of the structure. All proposed improvements are noted on an attached site plan. All of the proposed construction will be located behind the 25 foot front platted building line, with the exception of the proposed carport addition. The proposed carport addition will extend approximately nine (9) feet across the front platted building line, with a front setback of 16 feet. The carport addition will be located approximately 16 feet back from the east side property line and will be unenclosed on its north, east and west sides. MAY 23, 2016 ITEM NO.: 5 (CON'T.) Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 31-12(c) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the building addition with reduced front setback and which crosses a front platted building line. Staff does not support the requested front setback and building line variances. The west end of North Ridge Road has very little curvature to the roadway. The residences in this area align fairly well, with no noticeable encroachments across front platted building lines. Although the amount of encroachment is relatively minor (180 square feet), staff feels that the encroachment will be out of character with the other residences along North Ridge Road. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the addition. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends denial of the requested front setback and building line variances. BOARD OF ADJUSTMENT (May 23, 2016) Karen Fricke was present, representing the application. There were no objectors present. Staff presented the item with a recommendation of denial Karen Fricke addressed the Board in support of the application. She explained that the house was two (2) stories in the rear, as the lot slopes downward to the rear property line. She provided a front elevation sketch showing the proposed addition to the Board. She explained her need for additional living space. Carolyn Lindsey -Polk asked about the size of the proposed carport addition. Ms. Fricke noted that it was a standard two -car wide carport. Vice -Chairman Tucker asked about the slope of the property. Ms. Fricke explained that the lot had an extreme slope downward within the rear yard area. There was a motion to approve the application, subject to the completion of a one -lot replat. The motion passed by a vote of 4 ayes, 0 nays and 1 ab sent. The application was approved. V -e-' --4 S April 15, 2016 F �1_ / To: The Department of Planning and Development 723 West Markham Little Rock, Arkansas 72201 Requested Cover Letter to the Proposal for Variance Application I am requesting an R-2 zoning variance for the property located at 356 North Ridge Road. The requested variance is for an addition of a carport to the current structure. The current carport is being enclosed to accommodate the need for additional living space. The new carport will utilize the existing driveway. Please see the attached drawing reflecting the purposed changes. Considering the placement of the existing house and the existing driveway, this is the best possible location for a carport. This lot abuts the cul-de-sac so the point from which the building line is measured is actually several feet from the street curb as illustrated in the attached drawing. Formal Request: Encroach on the building line approximately 9'as shown on the attachment. This will result in the carport being roughly 20+ feet from the street curb. The intent of the request is to add secure covered access to the house thereby ensuring personal safety, providing storage, and allowing off road parking. Thank you for your review and consideration of this proposal. Respectfully, Karen Fricke MAY 23, 2016 ITEM NO.: 6 File No.: Z-9140 Owner: The John D. Scholtens and Carol Ann Scholtens Revocable Trust Applicant: John D. Scholtens Address: 2119 N. Garfield Street Description: East side of N. Garfield Street, South of Beacon Street Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Sections 36- 254 and 36-156 to allow a building addition with a reduced side setback and with a reduced separation from an accessory structure. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT 0 C Public Works Issues: No Comments. Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5) feet if they have properly constructed fire walls which provide the requisite one (1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line, and are prohibited when the exterior wall is less than three (3) feet from the line. There is no restriction on openings when the exterior wall is more than three (3) feet from the property line. Contact the City of Little Rock Building Codes at 371-4832 for additional details. Staff Analysis: The R-2 zoned property at 2119 N. Garfield Street is occupied by a one-story brick and frame single family residence. The property is located on the east side of N. Garfield Street, south of Beacon Street. There is a one-story carport with storage area located within the rear yard area, along the north side property line. The existing residence is located approximately two (2) feet back from the south side property line and 19.5 to 21.5 feet back from the front (west) property line. MAY 23, 2016 ITEM NO.: 6 (CON'T.) The applicant proposes to remove approximately 300 square feet from the rear of the residence and construct a new 1,000 square foot addition (one-story) in its place, as noted on the attached site plan. The proposed addition will maintain the 1.9 foot to two (2) foot setback from the south side property line as the existing house. The proposed addition will be located 33.5 feet back from the rear (east) property line, and be separated from the existing accessory carport structure by two (2) feet. The applicant also proposes to construct a one-story addition to the existing carport/storage building. The proposed addition will be 3.6 feet back from the north side property line and 19 feet back from the rear (east) property line. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of five (5) feet for principal structures in R-2 zoning. Section 36-156(a)(2)b. requires that accessory structures be separated from principal structures by at least six (6) feet. Therefore the applicant is requesting variances from these ordinance standards to allow the proposed building addition to the principal structure with a reduced side setback and a reduced separation from the existing accessory carport structure. Staff is supportive of the requested variances. Staff views the request as reasonable. The applicant is proposing to extend the existing south wall of the residence with the proposed addition. There is an existing driveway along the side property line of the lot immediately to the south which separates the two (2) residences. Therefore, ample separation should exist between the two (2) residences. With respect to the separation issue, the existing accessory carport structure is unenclosed on its north, south and west sides. This will aid in the issue of separation from the principal structure. With overhang and guttering provided on the proposed addition and no encroachment across the south side property line, staff believes the proposed addition will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested side setback and separation variances, subject to the following conditions: 1. Compliance with the Building Codes requirements as noted in paragraph B. of the staff report. 2. Guttering must be provided to prevent water run-off onto the adjacent property to the south. 3. The overhang with guttering for the proposed addition must not extend across the south side property line. 4. The existing accessory carport structure must remain unenclosed on its west and south sides. BOARD OF ADJUSTMENT (May 23, 2016) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by the vote of 4 ayes, 0 noes and 1 absent. 2 Department of Planning and Development Tl� :: 4- ( City of Little Rock o 723 West Markham Street Little Rock, AR, 72201-1334 April 25, 2016 To Whom It May Concern: The purpose of this letter is to request a residential zoning variance for Lot 14, Block 1, Altheimer's Addition to the City of Little Rock (2119 N. Garfield St.). The property has a single family dwelling with a detached carport which has an attached storage building. The dwelling (approximately 1100 square feet) was built in 1927, 10 years before the 5 -foot setback from side boundaries was established. A 350 -square -foot addition, with the same sight lines, was built in the 1950s orl960s and is the same distance from the lot line. There are driveways on both sides of our home so proximity to the homes on the adjacent lots is at least 10 feet. (See enclosed photos.) The proposed addition (approximately 1,000 square feet) is a one-story structure which will be attached to the rear of the original existing building after the previous addition (350 square feet) is removed. The proposed addition would not extend beyond the sides of the original building. It will merely continue on the same sight line on the south side of the property. From street view, there will be no indication of a remodel except that the roof of the original structure will be new. The roof, from the front of the home, will be the same height and width as the original roof. The roof of the addition will tie in to the original roof at the rear of the edifice. We feel the addition would enhance the value of the neighboring properties which are in an area of continued new construction and remodels. In our 70s, we both have had serious health issues in the past three years and are attempting to downsize our residence and live closer to our daughter and her family who live 11/2 blocks away. We have taken out a large mortgage on our current home to purchase the Garfield house and, because we were not aware of the setback, have had plans drawn. Neither the draftsman, our builder nor the civil engineers mentioned any issue with setback when they plotted our intended construction. It was truly a shock to learn about the setback. We have removed carpeting and tack strips in preparation for refinishing the floors and a large flagstone patio in the backyard was demolished in advance of construction for the addition. Consequently, it would be a great financial loss if we are not able to continue as planned and had to put the property back on the market. It would be expensive and very difficult, if not impossible, to redesign the addition because the lot is so small. We chose a small lot in order to minimize yard care. As for the storage building attached to the carport, we request the same allowance. We wish to extend the north wall along the same sight line for 10 feet. The building (a garage) on the lot adjacent to the north (2121 N. Garfield) is at least 10 feet from the edge of the structure we wish to enlarge. Finally, there appears to be an issue with the carport connecting to the house. The planning commission said there needs to be more space for emergency access to the rear of the house. The carport is simply a roof with metal comer supports so there is more than ample space between the supports to access the house. It has a solid wall only on the back (east) side. In conclusion, we are notifying by certified mail property owners within 200 feet of our intention to seek a variance for this property. Receipts will be provided. Thank you for considering our application for variance, and we hope you will grant us permission to continue with our plans. Sincerely, -4�w rL=� J D. Scholtens Carol A. Scholtens Enclosures: 3 photos 1 survey MAY 23, 2016 ITEM NO.: 7 File No.: Z-9141 Owner: Dundee Holding Co., LLC Applicant: Greg R. Peckham Address: 306 Main Street Description: West side of Main Street, between W. 3rd and W. 4t" Streets Zoned: UU Variance Requested: A variance is requested from the use provisions of Section 36-342.1 to allow an area of outdoor dining which extends into the public right-of-way. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Restaurant STAFF REPORT A. Public Works Issues: 1. A franchise permit must be obtained from Public Works for the placement of private infrastructure within the public right-of-way. The franchise permit shall include, in addition to the concrete slab, the chairs, tables, awnings, and railing. The franchise application has been submitted to Public Works and is in the process of review. 2. A franchise agreement must be obtained from the City of Little Rock's Board of Directors. This agreement will detail the annual franchise fee and other specific conditions. Contact Shawn Overton at 501-371-4717 for additional information. B. Staff Analysis: The UU zoned property at 306 Main Street is occupied by a two-story office/commercial building. The property is located on the west side of Main Street between W. 3111 and W. 4t" Streets. The first floor of the building is being remodeled for a new restaurant use. Construction on the Main Street roadway was recently completed between W. 3rd and 4t" Streets. As part of the new restaurant use, the applicant is proposing an area of outdoor dining on a raised concrete area, as noted on the attached site plan. The outdoor dining area will extend into the Main Street right-of-way 7'-3" from the front property line. The outdoor dining area will run approximately 20 feet along the front of the MAY 23, 2016 ITEM NO.: 7 (CON'T.) building. The outdoor dining area will be enclosed with a three (3) foot high metal fence/railing with fabric infill panels. The area will allow for approximately 12 seats. Section 36-342.1(d)(1)a. of the City's Zoning Ordinance states that an area of outdoor dining shall not be located in the public right-of-way, nor shall it obstruct pedestrian movement, fire lanes, access to any business or areas designated for access by physically impaired. Therefore, the applicant is requesting a variance from this ordinance standard to allow the outdoor dining area to be located in the public right-of-way. Staff is supportive of the requested variance to allow an area of outdoor dining in the public right-of-way. Staff views the request as reasonable. Similar areas of outdoor dining can be found throughout the downtown area. This property is located within the area of the Main Street Creative Corridor and Stormwater Demonstration projects. The Public Works department has reviewed plans for the proposed outdoor dining area and compared them to the final construction plans for the corridor project. The proposal appears to not conflict with the corridor project construction. Staff believes the proposed outdoor dining area will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested outdoor dining variance, subject to compliance with Public Works requirements as noted in paragraph A. of the staff report. BOARD OF ADJUSTMENT (May 23, 2016) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by the vote of 4 ayes, 0 noes and 1 absent. 2 Mr. Monte Moore, Planning Administrator City of Little Rock 723 West Markham Street Little Rock, AR 72201 Re: 306/308 Main Street Dear Mr. Moore, On behalf of Soul Fish Cafe (tenant), the building Owner request a variance be granted to allow the use of a portion of the public right-of-way adjacent to 306 Main Street in downtown Little Rock for purposes of outdoor dining (plan attached). The owner makes this request in order that the tenant may provide a comparable dining experience to other establishments in the area. If allowed, the incursion of the proposed patio extension into the public right of way will match the depth of existing outdoor dining spaces to the south. This should allow ample space for unrestricted foot traffic along the west side of Main Street. The tenant plans to enclose the raised patio with a steel and fabric fence railing and, with approval, will serve alcoholic beverages (beer and wine). Any modifications to the design required by the beverage permit will be incorporated into the design. If you have any questions about the proposed patio, or if you require additional information, do not hesitate to contact our office. Thank you for your consideration. Sincerely, Greg R. Peckham, AIA Odom Peckham Architecture, Inc. 2200 Brookwood Drive,Suite 105- Little Rock, Arkansas 72202aopa@opa-inc.com • v-501.663.3635 • f-501.663.3436 BOARD OF ADJUSTMENT VOTE RECORD DATE: N�k4 )-5 , -I--& 4 Sc MEMBER 4e, '-7 ALLISON, FRANK � LINDSEY POLK, CAROLYN k r SMITH, CHRISTOPHER TUCKER, ROBERT YATES, JEFF . TIME IN AND TIME OUT ALLISON, FRANK LINDSEY POLK, CAROLYN SMITH, CHRISTOPHER r TUCKER, ROBERT F YATES, JEFF AYE' NAYE ABSENT ABSTAIN Meeting Adjourned ,`I, P.M. MAY 23, 2016 There being no further business before the Board, the meeting was adjourned at 2:12 p.m. Date: _ J Jrle- XTI ZI Chairm rv� Secreta