HomeMy WebLinkAboutboa_09 28 20090
LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
SEPTEMBER 28, 2009
2:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being five (5) in number.
II. Approval of the Minutes of the Previous Meetings
The Minutes of the August 31, 2009 meeting were
approved as mailed by unanimous vote.
III. Members Present: David Wilbourn, Chairman
Robert Winchester, Vice Chairman
Leslie Greenwood
Scott Smith
James Van Dover
Members Absent: None
City Attorney Present: Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
I. OLD BUSINESS:
A.
Z-8492
II. NEW BUSINESS:
1.
Z -4325-A
2.
Z-8495
3.
Z-8496
4.
Z-8497
AGENDA
SEPTEMBER 28, 2009
2:00 P.M.
11518 Ponderosa Drive
9125 Stagecoach Road
4919 Stonewall Road
4405 Montgomery Road
21 Hickory Pointe Cove
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SEPTEMBER 28, 2009
ITEM NO.: A
File No.: Z-8492
Owner: Andrew and Kathy Gibson
Applicant: Andrew Gibson, JR.
Address: 11518 Ponderosa Drive
Description: West side of Ponderosa Drive, north of Yarberry Lane
Zoned: R-2
Variance Requested: The applicant is requesting an administrative appeal of a denied
home occupation/business license.
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 with home occupation.
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The R-2 zoned property at 11518 Ponderosa Drive is occupied by a one-story
brick and frame single family residence. There is a one -car wide driveway from
Ponderosa Drive which serves the property. The property is located on the
west side of Ponderosa Drive, north of Yarberry Lane (east of Chicot Road)
On June 3, 2009 the applicant submitted an application for a home
occupation/business license for the property at 11518 Ponderosa Drive. The
request is for a home office for a "mobile auto repair" business. The applicant,
Andrew Gibson, JR., lives on the property with his mother. He proposes to
utilize approximately 120 square feet (bedroom) of the residence as a home
office for the "mobile auto repair" business. He will have one (1) truck, Ford F-
150 pick-up, parked on the site. Please see the attached letter from the
applicant for a description of the "mobile auto repair" business.
SEPTEMBER 28, 200
ITEM NO.: A (Con't.)
Staff denied the requested home occupation application based on the fact that
the proposed use, "mobile auto repair", is not on the list of permitted home
occupations as per Section 36-253(b)(6)b. of the City's Zoning Ordinance.
Following are the home occupation standards as per Section 36-253(b)(6) of
the code:
(6) Home occupation.
a. Home occupations shall be permitted that will not:
1. Change the outside appearance of the dwelling or provide
product display visible from the street.
2. Generate traffic, parking, sewage or water use in excess of
what is normal in the residential neighborhood.
3. Create a hazard to persons or property, result in electric
interference or become a nuisance.
4. Result in outside storage or display of any material or
product.
5. Involve accessory buildings.
6. Result in signage beyond that which may be required by
other government agencies.
7. Limited to five hundred (500) square feet in area, but in no
case more than forty-nine (49) percent of the floor area in a
dwelling.
8. Stock in trade shall not exceed ten (10) percent of the floor
area of the accessory use.
9. Require the construction of, or the addition to, the residence
of duplicate kitchens.
10. Requirement or cause the use or consumption on the
premises of any food product produced thereon.
11. Provide medical treatment, therapeutic massage or similar
activities.
SEPTEMBER 28, 200
ITEM NO.: A (Con't.)
b. The following are permitted home occupations, provided they do
not violate any of the provisions of the previous subparagraph a:
1. Dressmaking, sewing and tailoring.
2. Painting, sculpturing or writing (artistic endeavors).
3. Telephone answering service or radio monitoring service.
4. Home crafts such as model making, rug weaving and
lapidary work.
5. Tutoring limited to two (2) students at a time.
6. Music instruction limited to two (2) students at a time.
7. Catering and home cooking.
8. Computer programming.
9. Clock or watch repair.
10. Personal or home care products marketing without stock in
trade on premises.
c. The following are prohibited as home occupations:
1. Barbershops and beauty shops.
2. Animal hospitals
3. Dance studios.
4. Mortuaries.
5. Nursery schools.
6. Private clubs.
7. Small appliance repair shops.
8. Restaurants.
9. Stables or kennels.
10.Animal grooming.
SEPTEMBER 28, 200`
ITEM NO.: A (Con't.)
11. Engine or motor repair shops.
12. Paint shops.
d. Any proposed home occupation that is neither specifically
permitted by subparagraph b., nor specifically prohibited by
subparagraph c., shall require an accessory use permit and be
granted or denied by the city department designated by the city
manager upon consideration of those standards contained in
this paragraph. Appeals from the administrative judgment of the
staff shall be filed with the board of adjustment. The content of
the filing shall consist of:
1. A cover letter addressed to the chairman and members of the
board of adjustment setting fort the request;
2. A copy of all pertinent graphic materials or correspondence.
This filing shall occur within thirty (30) calendar days of the
action by the staff. No activity which requires an accessory use
permit shall be conducted prior to issuance of the permit. Any
proposed use requiring employees who are not residents of the
dwelling shall be approved by the board of adjustment prior to
the issuance of permits.
The applicant is requesting a home occupation use that is not specifically listed as a
permitted home occupation use as per Section 36-253(b)(6)b. of the code.
Therefore, the Board of Adjustment is being asked to determine whether or not the
applicant's proposed use, "mobile auto repair", should be allowed as a home
occupation.
BOARD OF ADJUSTMENT: (AUGUST 31, 2009)
The applicant was not present. Staff noted that the application needed to be deferred
to the September 28, 2009 Agenda at the request of staff and the City Attorney's
office, to study the issue further.
The item was placed on the Consent Agenda and deferred to the September 28, 2009
Agenda by a vote of 5 ayes and 0 nays.
Staff Update:
The City Attorney's office has reviewed this issue and determined that it is not an
issue for the Board of Adjustment, and should be handled at the administrative level.
Therefore, staff recommends the application be withdrawn.
SEPTEMBER 28, 200,q
ITEM NO.: A (Con't.
BOARD OF ADJUSTMENT:
(SEPTEMBER 28, 2009)
The applicant was not present. There were no objectors present. Staff informed the
Board that the City Attorney's office had determined that the appeal was not an
issue for the Board of Adjustment, and recommended the application be withdrawn.
There was no further discussion.
The item was placed on the Consent Agenda and withdrawn by a vote of 5 ayes and
0 nays.
Executive Summary
Dru's Mobile Auto Repair (also referred to as "the Business") is a start up
business that will be the premier mobile automotive repair business in the
Little Rock/North Little Rock Metro area. The business will provide its
clientele with top of the line service, specializing in preventive maintenance,
troubleshooting, and parts changing, at minimal cost to its clients. The
Business will solely focus on preventive maintenance, troubleshooting, and
parts changing. The Business will not undertake in any major repairs such
as engine swapping, transmissions, or auto body repair (exterior/interior).
Services will include:
❖ Brakes
•'• Tune Ups
•'• Oil Changes
❖ Changing Water Pumps, Thermostats, Alternators, and other
Automotive Parts
❖ After Hours Roadside Assistance
Andrew Gibson, Jr. will own and operate the business. Mr. Gibson holds an
Automotive Technology Degree from Pulaski Technical College located in
North Little Rock, Arkansas and also received a Certificate of Completion
from the Wheel Vehicle Mechanic School from the United States Army.
Mr. Gibson will put all major automotive repair compliances in place for all
operations of the business. He will make sure that all used oil is properly
disposed of at local automotive parts stores, all old parts and scrap metal
parts are disposed of at the appropriate scrap metal disposal yards, and that
all refrigerants are properly excavated, maintained, and recycled. .
Dru's Auto Repair's is being capitalized by Andrew Gibson, Jr. 100% in
direct owner investment.
Hours of Operation
Monday —Friday
8:00am-5:30pm
Saturday (by appointment only)
SEPTEMBER 28, 2009
IlIIIWTA IGG
File No.: Z -4325-A
Owner: PB General Holdings, LLC
Applicant: Tim Noonan
Address: 9125 Stagecoach Road
Description: Lot 1, Stagecoach Crossing Subdivision
Zoned: C-3
Variance Requested: A variance is requested from the buffer provisions of Section 36-
522 to allow a new commercial development with a reduced undisturbed land use
buffer.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Undeveloped
Proposed Use of Property: Retail Commercial
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Landscape and Buffer Issues:
Project has been reviewed for building permit. Area set aside for landscaping
and buffers comply with ordinance requirements.
C. Staff Analysis:
The C-3 zoned property at 9125 Stagecoach Road is located on the east side
of Stagecoach Road, south of Baseline Road. A one-story commercial building
which will house a Dollar General Store is in the process of being constructed
on the site. The building will be located near the southeast corner of the
property, as noted on the attached site plan. Parking will be located on the
north and west sides of the building. An access drive from Stagecoach Road
SEPTEMBER 28, 2009
ITEM NO.: 1 (Con't.)
will be located at the northwest corner of the property. Retaining walls will be
located along portions of the north, south and east property lines.
The applicant is requesting one (1) variance with the proposed construction.
Section 36-522(b)(3)a. of the City's Zoning Ordinance requires land use buffers
(6 percent of average width and depth of lot) along the east and south property
lines because the adjacent properties to the east and south are zoned R-2
residential. Section 36-521(f) requires that a minimum of 70 percent of land
use buffers remain undisturbed. Adequate buffer areas have been provided
along both the east and south property lines. However, the applicant has
disturbed 100 percent of these buffers by way of removing all the undergrowth.
The applicant has preserved all the mature trees within the buffers and will be
planting ground cover in these areas.
Staff is supportive of the requested buffer variance. Staff views the request as
reasonable. Although the property to the south is zoned R-2, it is designated
on the City's Future Land Use Plan as Commercial and will be developed as
such in the future. Once developed, no land use buffer will be required along
the south property line of the Dollar General Store property. Also, wooded
floodway is located east of the property. The floodway is zoned R-2 but will
never be developed. Staff believes the disturbance of the buffers along the
south and east property lines will have no adverse impact on the adjacent
properties or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested buffer variance, as filed.
BOARD OF ADJUSTMENT:
(SEPTEMBER 28, 2009)
The applicant was not present. There were no objectors present. Staff presented
the application with a recommendation of approval. There was no further
discussion.
The item was placed on the Consent Agenda and approved by a vote of 5 ayes and
0 nays.
proctor
construction
Date: August 13, 2209
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To: The Department of Planning and Development, City of Little Rock.
RE: Variance on Land Use Buffer
Location: 9125 Stagecoach Road, L.R. (Lot 1 of Stagecoach Crossing Subdivision), on the east side of
Stagecoach road approx 700' from Stagecoach and Baseline.
Reasons for Request:
The adjacent property, to the south, is zoned residential and has commercial zoning to the north
and south (it is an island). The Future Land Use Map shows this property to be zoned commercial.
Because the property to the south of us is shown as future commercial and the adjacent property
owner is planning to re -zone and dose not object to our variance, we are asking for a variance on
the south side of our property to be a landscape strip (as if it were commercial -to -commercial) and
not a Land Use Buffer (commercial -to -residential). This variance would better accommodate our
development of this area because of the existing and proposed slope.
5110 Talley Road, • Little Rock, AR 72204 • Tel 501.219.8899 • Fax 501.219.8855
SEPTEMBER 28, 2009
ITEM NO.: 2
File No.: Z-8495
Owner: Ron and Nancy Hughes
Applicant: Tom Fennell, Fennell Purifoy Architects
Address: 4919 Stonewall Road
Description: Lots 1 and 2, and part of Lot 3, Block 28, Newton's Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-
254 to allow construction of a new residence with a reduced rear yard setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Undeveloped
Proposed Use of Property: Single Family Residence
STAFF REPORT
A. Public Works Issues:
1. Measures to control the increase in stormwater runoff from the increased
impervious surface should be implemented to not damage adjacent
property.
B. Staff Analysis:
The R-2 zoned property at 4919 Stonewall Road is currently undeveloped and
mostly grass covered. There are a few mature trees on the site, primarily in the
rear yard area. The property slopes downward slightly from side to side (west
to east) and back to front.
The applicant is proposing to construct a new single family residence on the
property, as noted on the attached site plan. The front (north) half of the
residence will be two (2) stories in height, with the rear half being one (1) story
construction. A circular driveway will be located in the front yard area, with a
drive extending along the east side property line to a garage at the southeast
corner of the residence.
SEPTEMBER 28, 200
ITEM NO.: 2 (Con't.)
The applicant is requesting one (1) variance for the proposed residential
construction. Section 36-254(d)(3) of the City's Zoning Ordinance requires a
minimum rear yard setback of 25 feet for R-2 zoned lots. The garage portion of
the proposed residence is located 12.9 feet back from the rear (south) property
line. All other building setbacks conform to ordinance standards. The front
steps which extend across the front setback line will be uncovered and less
than one (1) foot above the finished grade of the front yard area.
Staff is supportive of the requested rear setback variance. Staff views the
request as reasonable, as it is compatible with the rear setbacks of other new
homes and home additions in the Heights neighborhood area. The portion of
the residence located within the rear yard setback is only approximately 324
square feet. An 818 square foot accessory (detached) building would be
allowed within this rear yard area (rear 25 feet of the lot). Additionally, the
portion of the residence which extends into the rear yard setback represents
only a 27 foot building width, with the overall property width being 109 feet.
Staff believes the requested reduced rear setback will have no adverse impact
on the adjacent properties or the general area. Ample separation will exist
between the proposed residence and the residences to the south.
C. Staff Recommendation:
Staff recommends approval of the requested rear setback variance, subject to
the following conditions:
1. Any future accessory (detached) structure(s) located within the rear yard
area must not exceed a coverage of 30 percent (of the rear 25 feet of the
lot) when combined with that portion of the residence which extends into
the rear setback area.
2. The front step structure must be uncovered and located less than one (1)
foot above the finished grade of the front yard area.
3. Compliance with the Public Works comment as noted in paragraph A. of
the staff report.
BOARD OF ADJUSTMENT:
(SEPTEMBER 28, 2009)
The applicant was not present. There were no objectors present. Staff presented
the application with a recommendation of approval. There was no further
discussion.
The item was placed on the Consent Agenda and approved by a vote of 5 ayes and
0 nays.
ARCHITECTS
August 28, 2009
Department of Planning and Development
City of Little Rock
723 West Markham
Little Rock, Arkansas
Re: Application for a Residential Zoning Variance
4919 Stonewall Road, Little Rock
Dear Planning Staff:
100 Morgan Keegan Drive, Suite 320 Little Rock, Arkansas 72202
T 501.372.6734 • F 501.372.6736 www.fennelipurifoy.com
With this letter with request a variance in the rear setback for this property described as Lots 1, 2
and the east 40 feet of Lot 3, Block 28, Newton's Addition to the City of Little Rock, Pulaski County,
Arkansas. The 27'-3" wide garage portion of the proposed single family residence extends 11'-11"
into the 25 foot rear yard setback. All other setback and zoning requirements are met by the
proposed design. There is an existing sanitary line and prescriptive easement that runs north and
south that will be relocated and replaced in the drive area to the east of the house.
An alternate approach would be to build an accessory structure for the additional garage space
needed by the owner. This accessory structure would be approximately 3 feet from the rear
property line as allowed by the zoning code. There is, however, an existing sanitary sewer line
serving adjacent properties in this area that would be affected by the construction. With the
variance, the garage would be 13'-2" from the property line allowing this sanitary sewer line to
remain as is along the rear property line.
The owner would also like to have the garage attached to the house for security and all weather
access to the garage area.
Respectfully,
—GL
Tom Fennell
Fennell Purifoy Architects
Representative for the Owners Ron and Nancy Hughes
a
m.>
SEPTEMBER 28, 2009
ITEM NO.: 3
File No.: Z-8496
Owner: Dorothy and Lawrence Moffett
Applicant: Dorothy Moffett
Address: 4405 Montgomery Road
Description: Lot 1, Pennwyck Subdivision
Zoned: R-2
Variance Requested: A variance is requested from the easement provisions of Section
36-11 to allow construction of a new residence which encroaches into a utility
easement.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Undeveloped
Proposed Use of Property: Single Family Residence
STAFF REPORT
A. Public Works Issues:
1. No objections to encroachment on City easement.
B. Utility Comments:
• Little Rock Wastewater — No objection to easement encroachment.
• Central Arkansas Water — No objection to easement encroachment.
• AT&T/SWB — Approval of easement reduction
• Entergy — No objection to encroach three (3) feet into easement.
• Centerpoint Energy — No objection to reduction of easement
C. Staff Analysis.
The R-2 zoned property at 4405 Montgomery Road is currently an
undeveloped, grass covered lot. The property is located on the east side of
Montgomery Road, south of Taylor Loop Road. The front portion of the
property slopes upward from Montgomery Road. The property is located
approximately three (3) feet above the street grade. The lot contains a 25 foot
SEPTEMBER 28, 2004
ITEM NO.: 3 (Con't.)
front platted building line, a 10 foot wide utility easement along the north
property line and a 5 foot wide easement along the east property line.
The applicant proposes to construct a single family residence on the lot within
the footprint noted on the attached site plan. The residence will be located
behind the front 25 foot building line and approximately 28 feet back from the
rear (east) property line. Seven (7) foot side (north or south) setbacks are
proposed. The house will encroach three (3) feet into the utility easement
located along the north side property line.
Section 36-11 (f) of the City's Zoning Ordinance requires encroachments into
utility easements be reviewed and approved by the Board of Adjustment.
Therefore, the applicant is requesting a variance to allow construction of the
residence encroaching three (3) feet into the utility easement along the north
property line.
Staff is supportive of the requested easement encroachment. Staff views the
request as a relatively minor issue. As noted in paragraphs A and B of the Staff
report, Public Works and all of the public utilities approve of the easement
encroachment. The proposed residence will comply with ordinance setback
requirements. Additionally, the property owner also owns the residential lot
immediately to the north at the corner of Montgomery Road and Taylor Loop
Road. Staff believes the proposed residence with easement encroachment will
have no adverse impact on the adjacent properties or general area.
D. Staff Recommendation:
Staff recommends approval of the requested easement encroachment, as filed.
BOARD OF ADJUSTMENT:
(SEPTEMBER 28, 2009)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. There was no further discussion.
The item was placed on the Consent Agenda and approved by a vote of 5 ayes and
0 nays.
August 24, 2009
Department of Planning and Development
723 West Markham
Little Rock, Arkansas 722
Re: Request to re -plat two pieces of property located on Mongomery Road
and Taylor Loop Road. Or change the required ten foot easement separating
these pieces of land from ten feet to seven feet.
Thank you for giving this request consideration. I am trying to build a home
on a lot I own located on lot 1 in Pennwyck Subdivision. The house address
next to lot one is 4401 Montgomery Road. I also own a piece of property
next to lot one identified as Tract One. This piece of land is on the corner of
Montgomery Road and Taylor Loop Road. These two pieces of properties
are separated by a ten foot easement.
I need three additional feet to fit my house on lot one. My request is to
either allow me to re -plat Tract 1 and lot one thus removing the easement or
to change the ten foot easement requirement to seven feet.
Again, your consideration is appreciated.
incerely,
ir
Dorothy Moffett
Enc: 8
SEPTEMBER 28, 2009
ITEM NO.: 4
File No.: Z-8497
Owner: Jonathan and Hollie Oliver
Applicant: Jonathan Oliver
Address: 21 Hickory Pointe Cove
Description: Lot 15, Hickory Pointe Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-
156 to allow construction of a swimming pool with reduced street/rear setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Undeveloped
Proposed Use of Property: Single Family Residence
STAFF REPORT
A. Public Works Issues:
1. Chlorinated swimming pool water is not allowed to enter the City's
stormwater drainage system.
2. Measures to control the increase in stormwater runoff from the increased
impervious surface should be implemented to not damage adjacent
property.
B. Staff Analysis:
The R-2 zoned property at 21 Hickory Pointe Cove is currently undeveloped.
The lot is a double frontage lot, with Hickory Point Cove located along the front
(east) property line and Charleston Lane along the rear (west) property line.
Some site work is taking place in preparation of construction of a new single
family home, as noted on the attached site plan. The property slopes
downward from side to side (south to north) and front to back. A retaining wall
will be constructed within the southeast portion of the lot. The rear yard area
will be located below the grade of Hickory Pointe Cove. A swimming pool and
retaining walls will be located within the rear yard area, also noted on the
attached site plan. The pool will be located approximately 26 feet back from
SEPTEMBER 28, 2009(
ITEM NO.: 4 (Con't
the rear (west) property line. The front step structure for the residence will be
uncovered and located less than one (1) foot above the finished grade of the
front yard area.
The applicant is requesting one (1) variance with the proposed lot development.
According to Section 36-156(a)(2)c. of the City's Zoning Ordinance, an
accessory structure (including pools) must have a minimum setback of 60 feet
from both street fronting property lines or double frontage lots. Therefore, the
applicant is requesting a variance to allow the pool with a 26 foot setback from
the rear street fronting property line.
Staff is supportive of the requested variance. Staff views the request as
reasonable. There is a solid brick wall (enclosing the subdivision) located along
the rear (west) property line. The wall is approximately six (6) feet in height,
and when added to the slope down to Charleston Lane, sits approximately 10
feet in height above the grade of Charleston Lane. The pool will be located
below the grade of the lot, with retaining walls on its north and south sides.
Therefore, the pool area will not be visible from the properties along the west
side of Charleston Lane. The pool complies with all other setback
requirements. Staff believes the pool with reduced street setback will have no
adverse impact on the adjacent properties or general area.
C. Staff Recommendation:
Staff recommends approval of the requested setback variance, subject to the
following conditions:
1. Compliance with the Public Works comments as noted in paragraph A. of
the staff report.
2. The front step structure must be uncovered and no more than one (1) foot
above the finished grade of the front yard area.
BOARD OF ADJUSTMENT:
(SEPTEMBER 28, 2009)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. There was no further discussion.
The item was placed on the Consent Agenda and approved by a vote of 5 ayes and
0 nays.
August 27, 2009
Little Rock Board of Adjustment
723 West Markham
Little Rock, AR 72201
RE: Request for Residential Zoning Variance
21 Hickory Pointe Cove, Little Rock
Dear Board of Adjustment,
y� ter'
I am requesting a residential zoning variance for installation of a swimming pool at 21 Hickory Pointe
Cove, Little Rock, 72223. This lot has street frontage on both Hickory Pointe Cove and Charleston Lane.
Although the property boundary abuts the easement for Charleston Lane, the neighborhood wall for
Hickory Pointe separates the lot from Charleston Lane as shown on the plot plan.
Municipal Code Section 36-156(2c) requires that accessory structures not be located within 60 feet of
front property line on both streets. In this case, the accessory structure is separated from Charleston
Lane by a permanent brick wall that is part of the Hickory Pointe neighborhood.
Based on this unusual lot configuration and the presence of the permanent neighborhood wall, I am
hereby requesting a residential zoning variance to install a swimming pool as detailed on the proposed
plot plan.
Sincerely,
Jonathan L. Oliver
Owner
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September 28, 2009
There being no further business before the Board, the meeting was adjourned at 2:06 p.m.
Date: �c'��b`� or, 2009
Chairman
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Secretary