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LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
MAY 23, 2011
2:00 P.M.
Roll Call and Finding of a Quorum
A Quorum was present being four (4) in number.
II. Approval of the Minutes of the Previous Meetings
The Minutes of the April 25, 2011 meeting were
approved as mailed by unanimous vote.
III. Members Present: Robert Winchester, Chairman
Scott Smith, Vice Chairman
Rajesh Mehta
Brad Wingfield
Members Absent: Jeff Yates
City Attorney Present: Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
MAY 23, 2011
2:00 P.M.
I. OLD BUSINESS:
A. Z-8642 409 Rose Street
B. Z-8652 8909 Mayflower Road
II. NEW BUSINESS:
1.
Z-2401 -A
4801 Hawthorne Road
2.
Z -4792-A
2324 N. Tyler Street
3.
Z -5885-B
7321 Cantrell Road
4.
Z-8664
6 Holly Springs Court
5.
Z-8665
4900 Club Road
6.
Z-8666
1523 Martin Luther King Drive
7.
Z-8667
2414 N. Grant Street
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MAY 23, 2011
ITEM NO.: A
File No.: Z-8642
Owner/Applicant: Donna Pinckley
Address: 409 Rose Street
Description: Lot 13, Block 1, Pinehurst Addition
Zoned: R-4
Variance Requested: A variance is requested from the fence provisions of Section 36-
516 to allow a fence with increased height.
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:
1. In accordance with Section 32-8, no obstruction to visibility shall be located
within a triangular area 50' back from the intersecting right-of-way line (or
intersecting tangent lines for radial dedications) at the intersection of Rose and
"C" Streets.
B. Staff Analysis:
The R-4 zoned property at 409 Rose Street is occupied by a one-story frame
single family residence with a lower garage level. The property is located at the
northeast corner of Rose Street and "C" Street. The residence is located within the
north half of the lot. There is a two -car wide driveway from Rose Street at the
southwest corner of the residence. A paved alley is located along the north (rear)
property line. The property slopes downward from back to front (north to south).
The yard area south of the residence is currently fenced with a six (6) foot high
wood fence along the west side property line and approximately 7 to 8 feet back
from the front (south) property line. A short wire fence is located along the east
side property line. The existing wood fence ties into the southwest corner of the
residence and a short portion is eight (8) feet high adjacent to a desk/step
structure.
The applicant proposes to replace the existing wood and wire fences with a new
six (6) foot high wood fence, as noted on the attached site plan. The wood fence
would increase to a height of eight (8) feet adjacent to the existing deck and steps
MAY 23, 2011
ITEM NO.: A (CON'T.)
on the south side of the residence. The eight (8) foot high section would consist of
a six (6) foot solid wood panel with two (2) feet of lattice on top.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum
residential fence height of four (4) feet for fences located between a building
setback line and street right-of-way, and six (6) feet elsewhere on a lot. Therefore,
the applicant is requesting a variance to allow the proposed six (6) foot high wood
fence along the west street side property line and within the south 25 feet of the lot
(within the front building setback along "C" Street). The eight (8) foot section does
not require a variance based on the fact that it appears to meet all building
setbacks.
Staff is not supportive of the requested fence variance, as filed. As noted in
paragraph A. of the staff report, the Public Works Department requires the fence at
the intersection to be located 50 feet back from the southwest corner of the lot,
within a triangular area. This is a sight/distance requirement as per Section 32-8 of
the Code. Additionally, given the fact that the houses immediately east along "C"
Street have a front yard relationship to this lot, staff cannot support a six (6) foot
high fence within the south 25 feet (front yard setback) of the lot. The existing six
(6) foot high wood fence is non -conforming, and can be repaired/maintained.
However, if it is taken down it cannot be replaced without complying with the
ordinance requirements.
C. Staff Recommendation:
Staff recommends denial of the requested fence height variance, as filed.
BOARD OF ADJUSTMENT: (MARCH 28, 2011)
The applicant was present. There were no objectors present. Staff explained that the
applicant had agreed to defer the application to the April 25, 2011 Agenda in order to
meet with Public Works personnel and discuss options for the proposed fence. The
item was placed on the Consent Agenda and deferred to the April 25, 2011 agenda with
a vote of 4 ayes, 0 nays, 0 absent and 1 open position.
Staff Update:
Public Works staff and the applicant met on the site to review the proposed fence
issue. Public Works submitted a revised plan to staff which they can support. The
revised plan locates the fence 24 feet back from the edge of pavement of "C"
Street. This puts the fence approximately 17 feet inside the front (south) property
line. The southwest portion of the fence will be angled back slightly (approximately
45 degrees) to aid in sight -distance at the intersection of Rose and "C" Streets.
The applicant has spoken with staff and revised the application according to the
Public Works revised plan. Staff continues to be non -supportive of the requested
fence variance because of the front yard relationship this property shares with the
houses immediately to the east along "C" Street.
MAY 23, 2011
ITEM NO.: A (CON'T )
BOARD OF ADJUSTMENT: (APRIL 25, 2011)
Donna Pinckley was present, representing the application. There were no objectors
present. Staff presented the application, noting that the applicant had amended the
application to move the proposed fence further inside the front (south) property line, as
described in the above "Staff Update". Staff noted that Public Works was supportive of
the revised application. Staff continued to be non -supportive of the application.
Donna Pinckley addressed the Board in support of the application. She explained that
the existing fence had been in place for many years and had caused no problems.
Vice -Chairman Smith explained that he had concerns with the proposed fence location
being within the front building setback area. Ms. Pinckley explained that by pushing the
fence further north, she would be loosing rear yard area.
Vice -Chairman Smith asked if the existing fence could be maintained. Ms. Pinckley
explained that the existing fence had been in place for 17 years and could be repaired
and maintained for a few more years, but that she would rather spend the money on a
new fence. Staff explained the difference between the existing fence and proposed
fence.
There was a motion to approve the application, as revised by the applicant. The motion
failed by a vote of 2 ayes, 2 nays, 0 absent and 1 open position. The application was
automatically deferred to the May 23, 2011 Board of Adjustment agenda.
BOARD OF ADJUSTMENT: (MAY 23, 2011)
Donna Pinckley was present, representing the application. There were no objectors
present. Staff presented the application, as revised by the applicant prior to the
previous meeting. Staff noted that Public works supported the revised fence location.
Donna Pinckley addressed the Board in support of the application. She presented
photos of the existing fence to the Board. She also presented a petition of support from
nearby property owners.
Rajesh Mehta explained that he had visited the site and noted that the existing fence
needed to be replaced. He noted that the slope of the property lessened the visual
impact of the proposed fence.
Vice -Chairman Smith explained that he could not support six (6) foot high fences in front
yard areas.
There was a motion to approve the fence height variance, as revised by the applicant.
The motion passed by a vote of 3 ayes, 1 nay and 1 absent. The application was
approved. Staff informed Ms. Pinckley that a building permit would be required for the
new fence construction.
Donna Pinckley
2/25/11
Monte Moore
Department of Planning and Development
723 West Markham
Little Rock, Arkansas
Dear Mr. Moore,
I'm applying for a variance to replace my wood privacy fence for my home
located at 409 Rose Street, Little Rock. I have already in place a 6' wood privacy
fence and would like to replace the existing fence with another wood privacy
fence. I would like to replace the wood panels on top of the fence that goes
along my deck. The reasons I have for applying for this variance is as follows:
I'm a single mom of a daughter that 1 would like to have more privacy and
feel more protected.
In order to feel safer, I have large dogs that would jump the 4' fence
allowed.
The taller fence along the deck is for dog containment and security
reasons for my family.
Thank you for your consideration.
Sincerely,
Donna Pir
409 Rase Street • Little Rock, AR 72205 - 501.663.6893 • dpinckley@prodigy.net
MAY 23, 2011
ITEM NO.: B
File No.: Z-8652
Owner/Applicant: Larry E. Case
Address: 8909 Mayflower Road
Description: South side of Mayflower Road, west of John Barrow Road
Zoned: R-2
Variance Requested: A variance is requested from the fence provisions of Section 36-
516 to allow a fence which exceeds the maximum height allowed.
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 8909 Mayflower Road is occupied by a one-story brick
and frame single family residence. There is a one -car wide driveway from
Mayflower Road at the northeast corner of the property. The property is located on
the south side of Mayflower Road, west of John Barrow Road.
The applicant recently constructed a six (6) foot high wood fence within the front
yard area of the property, as noted on the attached site plan. The fence is located
approximately 20 feet back from the street curb, which puts it approximately 10
feet inside the front (north) property line. The fence extends from the west side
property line in front of the house to the driveway. There is also a partially
constructed six (6) foot high wood fence along the east side property line,
extending into the front yard area. Only the support posts and cross members
have been constructed (no pickets).
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence
height of four (4) feet for fences located between building setback lines and street
rights-of-way. Therefore, the applicant is requesting a variance to allow the six (6)
foot high wood fence to be located within the front yard area, between the 25 foot
front building setback and the Mayflower Road right-of-way.
MAY 23, 2011
ITEM NO.: B (CON'T.)
Staff is not supportive of the requested fence height variances. The fence as
constructed within the front yard area is out of character with the neighborhood.
There are no similar types of front yard encroachments along either side of
Mayflower Road for its entire length from John Barrow Road to Deerbrook Road.
Staff feels that the fence should either be removed from the front yard area or cut
down to a height not to exceed four (4) feet, which would comply with ordinance
standards. Staff believes the six (6) foot high fence has a negative visual impact
on the adjacent properties and the overall area along Mayflower Road.
C. Staff Recommendation:
Staff recommends denial of the requested fence height variance.
BOARD OF ADJUSTMENT: (APRIL 25, 2011)
Staff informed the Board that the application needed to be deferred to the May 23, 2011
agenda based on the fact that the applicant failed to complete notifications to the
surrounding property owners. The item was placed on the Consent Agenda and
deferred to the May 23, 2011 agenda with a vote of 4 ayes, 0 nays, 0 absent and 1
open position.
BOARD OF ADJUSTMENT: (MAY 23, 2011)
The applicant was not present. There were 10 persons present in opposition. Debra
Weldon, City Attorney, reviewed the Boards' bylaws with respect to an applicant not
being present. Vice -Chairman Smith and Brad Wingfield noted that the Board should
proceed with the public hearing based on the fact that residents were present to speak
on the issue.
Staff presented the application with a recommendation of denial.
Anita Williams addressed the Board in opposition. She noted that she lived directly
across the street from 8909 Mayflower Road. She explained that the fence had a
negative impact on the surrounding properties.
Mollie Irvin also addressed the Board in opposition. She explained that the fence in the
front yard area was not compatible with the area and needed to be removed.
Alan Lee also spoke in opposition. He noted that the fence would lower property
values. He explained that the fence had a negative impact on surrounding properties.
MAY 23, 2011 !
ITEM NO.: B (CON'T.)
Vice -Chairman Smith noted that the fence section of the ordinance was in place to
protect front yard areas. He explained that he did not support six (6) foot tall fences in
front yard areas.
Staff noted that the applicant, Larry Case, was notified by mail of the meeting date.
There was a motion to approve the fence height variance. The motion failed by a vote
of 0 ayes, 4 nays and 1 absent. The application was denied.
There was a second motion to allow the applicant 30 days (from this meeting date) to
remove the fence or cut the fence down to a height of four (4) feet. The motion passed
by a vote of 4 ayes, 0 nays and 1 absent.
ALEXANDER LAW FIRM
HUBERT W. ALEXANDER
MICAH NAIL LANE
CHRISTIAN C. ALEXANDER
March 28, 2011
Board of Adjustment
City of Little Rock
Planning and Development Department
723 West Markham Street
Little Rock, AR 72201
RE: Larry E. Case, 8909 Mayflower Rd
Dear Board Members:
P.O. BOX 5239 -1500 W. MAIN
JACKSONVILLE, ARKANSAS 72078
(501)982-0525
FAX (501) 982-0000
e-mail - alexanderlaw@centurytel.net
Enclosed is an Application for Zoning Variance that is being filed on behalf of our client, Larry
E. Case, for his property at 8909 Mayflower Rd. Mr. Case is seeking a variance of Little Rock
Municipal Code §36-516 (e)(1)(a), regarding fence height requirements. Due to Mr. Case's
unusual lot size, for him to conform to the current regulation would require him to place the
current 6' fence only 1'6" from his front porch. Mr. Case feels that this height variance is
warranted for the safety and security of his person and property. Mr. Case has already had
numerous items stolen and damaged on his property. The unusual lot size allows him no other
way to safely protect himself and his property without violating the current ordinance that is in
place.
Thank you for your time in this matter and if you have any questions or problems please
feel free to contact my office.
Sincerely,
Hubert W. Alexander
MAY 23, 2011
ITEM NO.: 1
File No.: Z-2401 -A
Owner: David and Elizabeth Jones
Applicant: Elizabeth Jones
Address: 4801 Hawthorne Road
Description: Southwest corner of Hawthorne Road and N. Spruce Street
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-254
to allow a building addition with a reduced rear yard setback.
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 4801 Hawthorne Road is occupied by a two-story frame
single family residence. The property is located at the southwest corner of
Hawthorne Road and N. Spruce Street. There is a circular driveway from
Hawthorne Road which serves as access to the property. The westernmost
driveway ties into a shared driveway which runs along the west property line. The
shared drive also serves the properties immediately to the west and south. A
carport is located on the west end of the residence.
The applicant proposes to remove the western portion of the residence and
construct a new addition in its place, as noted on the attached site plan. The west
end of the addition will be one story construction with living space above. It will
include a new garage, front -loading from Hawthorne Road. The portion of the
addition between it and the remainder of the existing residence will be two-story in
height. The addition will maintain the same 32.5 foot setback from the north side
property line as the existing residence. The addition will be located 11 feet to 15
feet back from the south side property line. The addition will be set back 3.75 to
9.5 feet back from the rear (west) property line. The addition will not encroach into
the existing shared access easement.
MAY 23, 2011
ITEM NO.: 1 (CON'T.)
Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear
(west) setback of eight (8) feet for this R-2 zoned lot. This is based on the
residence being set back over 25 feet from both the front (east) and north, street
side property lines. Therefore, the applicant is requesting a variance from this
ordinance requirement to allow the proposed addition with a rear setback ranging
from 3.75 to 9.5 feet.
Staff is supportive of the requested rear setback variance. Staff views the request
as reasonable. The requested rear setback will not be out of character with other
structures in this neighborhood. The overall massing of the structure on the lot as
proposed is relatively the same as if the garage were detached and located on the
lot as per ordinance requirements. In addition, based on the fact that the
residence is located over 25 feet back from both the front and street side property
lines, the maintenance of these setbacks greatly reduces the lot's buildable area.
The overall lot coverage proposed will be 29.6 percent. Staff believes the
proposed building addition with reduced rear setback will have no adverse impact
on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested rear setback variance, subject to the
following conditions:
1. A building permit must be obtained for all construction.
2. Any future building addition(s) must not be located any closer than 25 feet
to the north, street side property line without additional Board of
Adjustment approval.
BOARD OF ADJUSTMENT: (MAY 23, 2011)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval, with conditions. The item was placed
on the Consent Agenda and approved, as recommended by staff with a vote of 4 ayes,
0 nays and 1 absent.
April 12, 2011 T4 ,e_I_ 4( E
City of Little Rock Planning & Development
723 West Markham Street,1st Floor
Little Rock, AR 72201-1334
Dear Board of Adjustment,
We respectfully ask you to consider our Application for a Zoning Variance for our
home at 4801 Hawthorne Rd. We love the original part of our 1936 salt -box style
house and in remodeling it would like to keep as much as the original "feel" to the
house as possible. We've included a copy of American Home magazine from
September 1944 that featured our home on the cover with this application so you
can picture the general "look" and "feel" that we'd like to preserve in the remodel
process. As much as we want to maintain this original look, we also need the house
to serve as our long-term home and to function well for a family with three young
children.
The purpose of applying for a zoning variance is so that the western side of the
house might be rebuilt to include a front -loading garage and a first -floor bedroom.
We currently share a driveway with two other homes on that side of the house so
there are at least six cars or trucks using one driveway on a daily basis. We are
concerned about the safety of our three young children when they ride their bikes
and play with their outdoor toys in our garage and driveway as well as the
inconvenience it poses on the neighbors to have to use extreme caution when
entering and exiting the shared driveway. With the proposed remodel, the garage
will become front -loading eliminating the need for our family's cars, bikes, and toys
to use the shared driveway and also eliminating the extra vigilance that the
neighbors feel they need to use when coming and going in the driveway. The garage
comes closer to the western property line to include room for two cars, bikes and
hypothetical golf cart storage. The proposed addition also accommodates two
closets in the downstairs playroom. We feel like the closets are important so that
the playroom has the flexibility of becoming the only first -floor bedroom in case we
need to take care of our aging parents, or any of us for that matter, who cannot
climb stairs to reach the second -story bedrooms. Please see the attached
preliminary plans from architect Charles Shipp for reference.
We hope you will consider a zoning variance for our property so that we can
continue with our goal of preserving the historical 1936 -era portion of our home
while adding a practical addition that will be more convenient for our neighbors and
that will allow us to have a first -floor bedroom if we should ever need it.
Sincerely,
David and Elizabeth Jones
4801 Hawthorne Rd.
Little Rock, AR 72207
MAY 23, 2011
ITEM NO.: 2
File No.: Z -4792-A
Owner: Richard Watts
Applicant: Patty Opitz
Address: 2324 N. Tyler Street
Description: Part of Lot 9, Block 6 Newton's Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-
254 to allow a porch/balcony addition and garage addition with reduced front and side
setbacks.
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 2324 N. Tyler Street is occupied by a two-story brick
and frame single family residence. The property is located on the west side of N.
Tyler Street, at the entrance to the Diocese of Little Rock/St. John's Catholic
Center facilities at 2500 N. Tyler Street. There is a one -car wide driveway from N.
Tyler Street at the southeast corner of the lot. There is a one -car wide garage at
the southeast corner of the residential structure.
The applicant is proposing to construct a two-story garage and covered balcony
addition to the front (east) of the existing residence, as noted on the attached site
plan. The garage portion of the addition will include a two -car garage on the first
level and storage on the second floor. It will be located 8 feet — 2 inches back from
the front (east) property line. This portion of the addition will maintain the same 4.9
foot side (south) setback as the existing house. The two-story covered balcony
portion will be 10 feet wide with a porch on the ground level with balcony above. It
will be located 18 feet -2 inches back from the front (east) property line and seven
(7) feet back from the north side property line. A new two -car wide concrete
driveway from N. Tyler Street will access the proposed garage addition.
MAY 23, 2011
ITEM NO.: 2 (CON'T.)
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum 25 foot
front building setback for R-2 zoned lots. Section 36-254(d)(2) requires a minimum
6.8 foot side setback. Therefore, the applicant is requesting variances from these
ordinance requirements to allow the proposed garage/covered balcony addition
with reduced front and south side setbacks.
Staff is supportive of the requested setback variances. Staff views the request as
reasonable. The residence at 2324 N. Tyler Street has a side yard relation to the
residence immediately to the south at the northwest corner of N. Tyler Street and
Hawthorne Road. There is a detached garage on the adjacent property which has
approximately the same setback from the N. Tyler Street property line as the
proposed garage addition. The property immediately to the north is the large
Diocese of Little Rock property. In addition the subject property does not have
enough room on either side of the residence for a driveway into the rear yard area.
So, the construction of a garage on the rear of the structure is not an option. Staff
believes the proposed addition to the front of the house will have no adverse
impact on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested front and side setback variances,
subject to the following conditions:
1. A building permit must be obtained for all construction.
2. The two-story covered balcony portion must remain unenclosed on its east
and north sides.
BOARD OF ADJUSTMENT: (MAY 23, 2011)
Staff informed the Board that the application needed to be deferred to the June 27,
2011 agenda based on the fact that the applicant failed to complete notifications to the
surrounding property owners. The item was placed on the Consent Agenda and
deferred to the June 27, 2011 agenda with a vote of4 ayes, 0 nays and 1 absent.
April 7, 2011
Monte Moore
Little Rock Department of Planning & Development
City of Little Rock
723 West Markham Street
Little Rock, AR 72201
Re: Richard & Alice Watts
2324 North Tyler Street
Little Rock, AR 72207
Mr. Moore:
j4-", --44-z
z- 471Z -A
Please find attached our submittal requesting a Variance regarding the property at 2324
North Tyler Street.
The property owners, Richard & Alice Watts, are requesting a Variance for their
residence for approval to build an attached 2 story addition to their property. The 2 -
story addition would include a 2 -car garage on the ground floor and storage space on
the 2nd level, along with a 2 story covered balcony at the front entry.
The proposed garage will have a footprint of 20'-0" (east to west) x 24'-0" (north to
south) and will be positioned to adjoin the existing residence on the southeast corner.
The east side of the garage will be 8'-2" away from the property line. The edge of this
proposed garage would be about in line with its neighboring residence to the south of it,
which occupies a corner lot.
The proposed 2 story covered balcony will also be positioned to attach to the existing
residence on the northeastern side of the house. This will be a 10' deep covered porch
2 story in height, and will be positioned 18'-2" from the property line.
To the north of the residence is the entry and property of the Diocese of Little Rock. As
stated earlier, the neighboring residence to the south of the property is a corner lot,
positioned on the corner of Hawthorne Street and North Tyler Street. The new garage is
proposed to be located in align with this corner lot's existing garage and side yard
setbacks. Please take note that there is also a sewer easement on the west side of the
property (located in the backyard) that limits the amount of space for these proposed
improvements.
We are requesting a variance to encroach upon the front yard setbacks to place the new
garage and covered entry closer to the property lines.
Please refer to the attached survey, which shows all existing and proposed additions to
the property. Should there be any questions, feel free to contact me at 952-7274.
We appreciate your consideration of our request.
Thank you,
YM
Patty Opitz, AIA
MAY 23, 2011
ITEM NO.: 3
File No.: Z -5885-B
Owner: Pharmasite, LLC
Applicant: Terry Burruss
Address: 7321 Cantrell Road
Description: South side of Cantrell Road, approximately 200 feet east of
Georgia Avenue
Zoned: C-4
Variance Requested: Variances are requested from the area provisions of Section 36-
302 to allow a building addition with reduced side and rear yard setbacks.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Drug Store with Compounding Lab
Proposed Use of Property: Drug Store with Compounding Lab and Storage
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The C-4 zoned property at 7321 Cantrell Road is occupied by a one-story metal
and stucco commercial building. There are two (2) access drives from Cantrell
Road and one (1) drive from Kentucky Avenue, which runs along the rear (south)
property line. Paved parking is located along the north and east sides of the
building, with paved vehicular use area along the south and west building sides. A
wood fence is located along the south and portions of the east and west property
lines. The building is occupied by Cantrell Drug, a drug store with compounding
lab.
The applicant proposes to construct a 3,835 square foot building addition on the
west side of the existing building for use as storage for the existing drug store. The
proposed building addition will be located 4 to 6 feet back from the west side
property line and 12 to 12.5 feet back from the rear (south) property line. It will be
constructed over an existing asphalt area. The applicant has noted that the
remaining asphalt area will be striped to provide the amount of parking as required
by ordinance after the building addition (approximately 38 spaces). The applicant
has also noted that the building height will not exceed 30 feet.
MAY 23, 2011
ITEM NO.: 3 (CON'T.)
Section 36-302(e)(2) of the City's Zoning Ordinance requires a minimum side
setback of 15 feet for this C-4 zoned lot. Section 36-302(e)(3) requires a minimum
rear yard setback of 25 feet. Therefore, the applicant is requesting variances from
these ordinance requirements to allow the building addition with reduced side and
rear setbacks.
Staff is supportive of the requested variances. Staff views the request as
reasonable. The adjacent properties to the east and west are zoned C-3, which
require no side yard setback. The proposed rear setback will be similar to that of
the existing commercial buildings to the east and west. Therefore, the proposed
building addition with reduced setback will not be out of character with other
commercial buildings in this immediate area. The existing commercial building on
the property immediately to the west is located on or near the dividing side
property line. Staff will require approval from the City's Fire Marshal prior to a
building permit being issued. The applicant has stated that fire wall(s) will be
constructed as required. Otherwise, staff believes the proposed building addition
with reduced setbacks will have no adverse input on the adjacent properties or the
general area.
C. Staff Recommendation:
Staff recommends approval of the requested side and rear setback variances,
subject to the following conditions:
1. Compliance with the City's Landscape and Buffer Ordinance.
2. A letter of approval from the City's Fire Marshal must be submitted to staff
prior to a building permit being issued.
3. Parking must be provided to accommodate the building expansion as per
ordinance requirements.
BOARD OF ADJUSTMENT: (MAY 23, 2011)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval, with conditions. The item was placed
on the Consent Agenda and approved, as recommended by staff with a vote of 4 ayes,
0 nays and 1 absent.
Id//61
614 C -R ST.
LITTLE ROCK, AR 72201
g �y 501-376-3676 FAX 376-3766
pe11!"i'l1S s
Architect design, planning and inferiors
April 26, 2011
Mr. Monte Moore
Zoning and Enforcement Administrator
Department of Planning & Development
City of Little Rock
723 W. Markham
Little Rock, AR 72201
RE: Cantrell Drug
7321 Cantrell Road
Little Rock, Arkansas
Dear Mr. Moore:
Attached please find six (6) copies of the Site Plan and Survey on the above referenced project.
We are proposing to add approximately 4,000 square feet of storage to the West side of the
existing facility. The existing building is approximately 12,450 square feet. Currently there is
3,120 s.f. of retail, 3,245 s.f. of office, 3,375 s.f. of lab, 3,235 s.f. of storage, and 1,125 s.f. of
break, locker room, and toilet area. The addition would be used as a storage area only. The
building height would not exceed 30'. There are currently 26 parking spaces shown on the site;
however a re -striping plan could increase that to 38 spaces.
We appreciate your consideration on this request. If there are any questions or additional
information is needed, please call. We can also be reached by email at
tbadesignplanning@sbcglobal.net.
Yours very truly,
MAY 23, 2011
ITEM NO.: 4
File No.: Z-8664
Owner: Walter and Ann Loveless
Applicant: Ann Loveless
Address: 6 Holly Springs Court
Description: Lot 55, Longlea Addition
Zoned: R-2
Variance Requested: A variance is requested from the fence provisions of Section 36-
516 to allow a fence which exceeds the maximum height allowed.
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 6 Holly Springs Court is occupied by a two-story rock
and frame single family residence. The property is located at the north end of
Holly Springs Court. A two -car wide driveway from Holly Springs Court is located
at the southeast corner of the property. The property slopes downward from front
to back (south to north). There is a 25 foot wide easement located along the rear
(north) property line.
The applicant proposes to replace the existing six (6) foot high wood fence along
the west side property line with a new eight (8) foot high wood fence, as noted on
the attached site plan. An existing four (4) foot high chain-link fence will remain
along the east side property line and along the rear easement line. The proposed
eight (8) foot high fence will stop at the rear 25 foot easement line.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence
height of six (6) feet for fences constructed along interior lot lines. Therefore, the
applicant is requesting a variance from this ordinance requirement to allow the
eight (8) foot high fence section.
MAY 23, 2011
ITEM NO.: 4 (CON'T )
Staff is supportive of the requested fence height variance. Staff views the request
as reasonable. The proposed eight (8) foot high fence will not be out of character
with other fences of similar height in this general residential area. Also, because of
the slope of the property, the higher fence will aide in providing privacy screening
between this property and the three (3) abutting residential properties to the west.
Staff believes the proposed eight (8) foot high fence will have no adverse impact
on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested fence height variance, subject to a
building permit being obtained for the fence construction.
BOARD OF ADJUSTMENT: (MAY 23, 2011)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval, with conditions. The item was placed
on the Consent Agenda and approved, as recommended by staff with a vote of 4 ayes,
0 nays and 1 absent.
April 25, 2011 -
-�?(-'61�
To whom it may concerti
Walter and Ann Loveless at 6 Holly Springs Ct.,
Little Rock Arkansas, desire to build a new fence
on their property. It will be along the existing line
of fence, but at a height of 8 feet.
MAY 23, 2011
ITEM NO.: 5
File No.:
Owner/Applicant:
Address:
Description:
Zoned:
Z-8665
Clint Davis
4900 Club Road
Lot 9 and part of Lot 10, Block 28, Newton's Addition
R-2
Variance Requested: A variance is requested from the fence provisions of Section 36-
516 to allow a fence which exceeds the maximum height allowed.
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 4900 Club Road is occupied by a two-story stucco and
frame single family residence. The property is located on the north side of Club
Road, at N. Monroe Street. There are two (2) one -car wide driveways from Club
Road, at the southeast and southwest corners of the property. A garage is located
at the southwest corner of the residence. The easternmost drive runs along the
east side of the residence into the rear yard area. The lot slopes downward from
front to back (south to north).
The applicant proposes to replace a six (6) foot high wood fence located along the
east side property line with an eight (8) foot high wood fence, as noted on the
attached site plan. An existing six (6) foot high wood fence on a four (4) foot high
masonry wall will remain along the rear (north) and west side property lines.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence
height of six (6) feet for fences constructed along interior lot lines. Therefore, the
applicant is requesting a variance from this ordinance requirement to allow the
eight (8) foot high fence section.
Staff is supportive of the requested fence height variance. Staff views the request
as reasonable. The proposed eight (8) foot high fence along the east side property
MAY 23, 2011
ITEM NO.: 5 (CON'T )
line will not be out of character with other fences in this general residential area.
Other similar eight (8) foot high fences exist in this neighborhood. As noted above,
there is a six (6) foot high wood fence on top of a four (4) foot high wall along the
other property lines enclosing this rear yard area. Additionally, because of the
slope of the property, the eight (8) foot high fence will aide in providing privacy
screening between this property and the residential property to the east. Staff
believes the proposed eight (8) foot high fence will have no adverse impact on the
adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested fence height variance, subject to a
building permit being obtained for the fence construction.
BOARD OF ADJUSTMENT: (MAY 23, 2011)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval, with conditions. The item was placed
on the Consent Agenda and approved, as recommended by staff with a vote of 4 ayes,
0 nays and 1 absent.
Application for Zoning Variance Cover letter
4900 Club Road, Little Rock, AR 72207
I am requesting the permission to replace an old 6 foot fence with an 8 foot fence along one portion of
the property. My back yard slopes downhill and the 6 foot fence does not provide much privacy. The
portion I am requesting get approved connects to a fence in the back of the yard. However, due to the
slope of the yard the old 6 foot fence only comes up a little over %Z way on the back fence ... What I simply
am saying is a 8 foot fence won't look out of place. It won't even be as high as the fence along the back
of the yard. Please call me with any questions
Thanks,
Clint Davis
501247-4601
MAY 23, 2011
File No.: Z-8666
Owner: Arkansas Baptist College
Applicant: Robert Turner
Address: 1523 Martin Luther King Drive
Description: Northeast corner of Martin Luther King Drive and West 16th Street
Zoned: C-3
Variance Requested: Variances are requested from the parking provisions of Section 36-
502, the area provisions of Section 36-301, and the buffer provisions of Section 36-522 to
allow a new building with reduced parking, reduced setbacks, increased height and
reduced buffers.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Lot/Temporary Parking
Proposed Use of Property: Community Union facility for College
STAFF REPORT
A. Public Works Issues:
No Comments
B. Landscape and Buffer Issues:
1. Site plan must comply with the City's minimal landscape and buffer minimal
ordinance requirements.
2. The landscape ordinance requires a six foot nine inch (6-9") wide landscape
strip between the parking area and the street. A variance from this minimal
amount will require approval from the City Beautiful Commission prior to the
issuance of a building permit.
3. The zoning buffer ordinance requires a six foot nine inch (6'-9") wide buffers
along the north, south and west property lines.
4. This site is located within the designated mature area of the city; therefore,
these landscape distances have been reduced.
5. The City Beautiful Commission recommends preserving on site trees.
MAY 23, 2011 ( 1
ITEM NO.: 6 (CON'T )
6. Any landscaping, parking, etc. that is located within the public right-of-way will
require a franchise agreement with the City of Little Rock.
C. Staff Analysis:
The C-3 zoned property at 1523 Martin Luther King Drive is currently undeveloped.
The property is located at the northeast corner of Martin Luther King Drive and
West 16th Street. The lot is partially paved and partially gravel covered. It is
currently being used as temporary parking for Arkansas Baptist College.
The College is proposing to construct a new "Community Union" building on the
site, as noted on the attached site plan. The proposed building will be located 13.5
to 18.5 feet back from the front (west) property line and over 25 feet back from the
rear (east) property line. It will be set back 2.75 to 5 feet from the north side
property line and 0 feet to 2.5 feet from the south side property line. A paved
driveway will be constructed at the southeast corner of the property, from West 16th
Street. It will access three (3) parking spaces on the east side of the building. The
Arkansas Baptist "General Education Degree" building is located within the east
end of the C-3 zoned parcel. An enclosed dumpster area will be located on the
northeast corner of the building.
The proposed "Community Union" building will be a multi-purpose facility for the
Arkansas Baptist College campus. The building will have three (3) stories, with
each level having approximately 3,700 square feet of floor area. The overall
building height will be 37 feet — 8 inches. The applicant is requesting several
variances for the proposed facility.
The first variance is from Section 36-301(d) of the City's Zoning Ordinance. This
section allows a maximum building height of 35 feet for structures in C-3 zoning.
As noted above, the proposed building will be 37 feet -8 inches in height.
The second variance is from the area provisions of Section 36-301(e)(1). This
section requires a minimum front building setback of 25 feet. The proposed
building will be located 13.5 to 18.5 feet back from the front (west) property line.
The next requested variance is from the area provisions of Section 36-301(e)(2).
This section requires a minimum interior side setback of 15 feet and a minimum
street side setback of 25 feet. The proposed building will be located 2.75 to 5 feet
back from the north side property line and 0' to 2.5 feet back from the south street
side property line.
The next variance is from the parking provisions of Section 36-502(b)(2)f.5. This
section requires a minimum of 36 off-street parking spaces for the proposed
building. As noted previously, three (3) parking spaces will be located on the east
side of the proposed building.
The final variance is from the buffer provisions of Section 36-522(b)(3). This
section requires a minimum buffer width of 6 feet — 9 inches along the north, south
MAY 23, 2011
ITEM NO.: 6 (CON'T )
and west property lines. The proposed building and building sidewalk areas will
encroach into the required buffer areas.
Staff is supportive of the requested variances. Staff views the proposed
development of this property as a quality in -fill development within the Arkansas
Baptist College campus. College facilities are located within the buildings
immediately north and east of the proposed building, with the main campus area
located across Martin Luther King Drive to the southwest. The proposed building
height and setbacks will not be out of character with other buildings in this general
area. With respect to the parking variance, the proposed building will be
predominately utilized by students who will park at other designated places
throughout the college campus. Staff believes that the proposed "Community
Union" building within this urban college setting is appropriate and will have no
adverse impact on the adjacent properties or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested variances associated with
construction of the new "Community Union" building, subject to the following
conditions:
1. Compliance with the City's Landscape Ordinance requirements as noted
in paragraph B. of the staff report. Any variances from Landscape
Ordinance requirements will require City Beautiful Commission approval.
2. Any improvements within the public right-of-way will require approval of a
franchise permit from the Public Works department.
BOARD OF ADJUSTMENT: (MAY 23, 2011)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval, with conditions. The item was placed
on the Consent Agenda and approved, as recommended by staff with a vote of 4 ayes,
0 nays and 1 absent.
Y..� - -e, �
Cover Letter
Arkansas Baptist College
Board of Adjustments Application t
Arkansas Baptist College proposes to build a Community Union at 1523 Dr. Martin Luther King
Jr. Drive, Little Rock Arkansas, 72202. A brief description of the proposed space and the
waivers and variances the college is requesting, are below. The adjustment s will allow the
college to build the Community Union on the current site configuration.
The 15t floor shall contain a coffee bar and cafe area. The genesis of the space is to be the coffee
bar; the dining area is to wrap around the coffee bar and is to be finished and furnished in a
manner to create a coffee house feel.
The 2nd floor area is designed to serve three functions. First to provide a `low key' gather space
for students to congregate for small study groups, eat and drink food purchased at the cafe
located on the ground level, utilize Wifi with laptop computers. Second to provide a meeting /
conference space for use by students and faculty. Third, to provide two offices spaces for
associates of the college.
The 3" floor area is designed to contain the Entrepreneurial Center for use by the college and
the public. The space is planned to optimize collaborative efforts between academic staff,
students, and individuals from the local business community while providing space for small
conferences and a space for small seminars/ lectures or interactive symposiums.
Requested Waivers and Variances:
1. Request approval for: Zero (0) lot line construction at the south property line allowing for
construction of the exterior wall up to within 0 inches of the property line. (Building set back at
the south property line is understood to be 25'.)
2. Request approval for: Construction of building structure exterior wall to within six (6) feet
of the west property line located along M.L.K. Drive. (Building set back at the west property
line is understood to be 25'.)
3. Request approval for: Construction of building structure exterior wall to within two (2)
feet of the north property line. (Actual proposed face of exterior wall at approximately 2'-8"
from property line.) All building code parameters for fire rating of this exterior wall shall be
instituted. (Building set back at the north property line is understood to be 15'.)
4. Request approval for: Construction of building structure exterior wall within thirty-seven
(3 7) feet (actual proposed 37'-11") of east property line.
5. Building Height: Request maximum building height of 60' per allowable established in
applicable building code. Actual proposed building structure height is approximately 40' plus 5'
for mechanical equipment.
6. Pedestrian Canopy Structure: Owner proposes to construct pedestrian canopy at west side
of property. The west edge of the canopy is proposed to be 5'-10" from west property line
within the Owner's property. The north end of the canopy is proposed to extend past the north
property line common to Lot 7 also owned by Arkansas Baptist College.
7. A trash dumpster pad and enclosure is proposed for the northeast corner of the property;
located approximately 1" from the northern property line of Lot 9.
MAY 23, 2011
ITEM NO.: 7
File No.: Z-8667
Owner: HBH Builders, Inc.
Applicant: Boyce Holmes
Address: 2414 N. Grant Street
Description: Lot 10, Block 29, Parkview Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-156
to allow construction of a detached carport 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
A. Public Works Issues:
No Comments
B. Staff Analysis:
The R-2 zoned property at 2414 N. Grant Street is currently a vacant single family
lot. The property has a slight slope downward from front to back (east to west).
The property is located on the west side of N. Grant Street, mid -block between "V"
and "W" Streets.
The applicant proposes to construct a new single family residence on the lot, as
noted on the attached site plan. The new residence will comply with all ordinance
setback requirements. As part of the project, a 20 foot by 22 foot detached carport
will be constructed in the rear yard area. The detached carport will be located 4.7
feet back from the rear (west) property line and three (3) feet back from the south
side property line. The proposed carport structure will occupy 35 percent of the
required rear yard area (rear 25 feet of the lot). The proposed carport will be
enclosed on its west, south and portion of the east sides.
Section 36-156(a)(2)c. of the City's Zoning Ordinance allows a maximum rear yard
coverage of 30 percent for accessory building in residential zoning. Therefore, the
applicant is requesting a variance to allow the proposed detached carport with a
rear yard coverage of 35 percent.
MAY 23, 2011
ITEM NO.: 7 (CON'T )
Staff is supportive of the requested rear yard coverage variance. Staff views the
request as reasonable. The proposed coverage is only slightly over the maximum
allowed 30 percent. The proposed accessory building will not be out of character,
in size and coverage, with other accessory structures in this general residential
area. Staff believes the proposed accessory garage structure will have no adverse
impact on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested rear yard coverage variance, subject
to the carport structure being constructed to match the principal structure.
BOARD OF ADJUSTMENT: (MAY 23, 2011)
Staff informed the Board that the application needed to be deferred to the June 27,
2011 agenda based on the fact that the applicant failed to complete notifications to the
surrounding property owners. The item was placed on the Consent Agenda and
deferred to the June 27, 2011 agenda with a vote of4 ayes, 0 nays and 1 absent.
Board of Adjustment
City of Little Rock
Planning and Development Department
723 West Markham Street
Little Rock, AR 72201
RE: 2414 North Grant Street
To Whom It May Concern:
I am requesting an increase in rear yard coverage from 30 to
33% to allow a serviceable carport to be placed behind the
house.
Thank you for you consideration to this matter.
Sincerely,
Boyce olmes
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May 23, 2011
There being no further business before the Board, the meeting was adjourned at 2:24 p.m.
Date: �� __ 1? 7 6
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Chairman
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