Loading...
HomeMy WebLinkAboutboa_08 25 2008LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES AUGUST 25, 2008 2:00 P.M. I. 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 July 28, 2008 meeting were approved as mailed by unanimous vote. III. Members Present: Terry Burruss, Chairman David Wilbourn, Vice Chairman Scott Smith Robert Winchester Members Absent: James Van Dover City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA AUGUST 25, 2008 2:00 P.M. I. OLD BUSINESS: A. Z-8353 II. NEW BUSINESS: 1. 2. 3. 4. 5. 6. 7. Z-7931 -A Z -8286-A Z-8380 Z-8381 Z-8382 Z-8383 Z-8384 1321 W. 10th Street 401-409 President Clinton Avenue 13515 Vimy Ridge Road 4923 Woodlawn 1600 N. Jackson Street 6 Tory Court 4305 N. Lookout 1600 N. Harrison Street ■ � co IL � u 3NId a31Ztla3 O CTS 1lnveiHl x o p Fi N �� CC Z Q to N / \ z 4—j (V� _ — j T� ep�� NVWa39 ( n v�J ■ NIVN �U AVMOtlON8aB HOatl S3HO c N01p0 ONIN 1W ao a3H3a0 � � ~ x n 1 MOa000M x 3NId 133 5h'Jyy 3NId z, I� e aV 1,10111Wtl 1105 s `�HiydS Na d HIV s �o� J Alis63AlNn AlIsa3AINn w SONIadS 83A3O 3Hon x o �\C\ IddISS IN D C� < Q x 1001H0 � 810AWS38 MOMS NHOP 3 2 i 3NNI H i as 31 Otl S 080331NOVHS S z SIOavS a o� RVHatld 43NOOa NV r= o N — 1iWll HJbOJ ,�„W 3001a AWIA (D _ S In ti� w CfiF� C�,`c'lPS' . �Py � �p .r n NVAIIIl1S latlM31S Hfd,� O S11WIl ALIO O �P 7/ 2 s , d'�10J 31VONa 0 AUGUST 25, 2008 ITEM NO.: A File No.: Z-8353 Owner/Applicant: Shirley Boldon -Bruce Address: 1321 W. 10th Street Description: Southeast Corner of W. 10th and Victory Streets Zoned: R-4 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 1321 W. 10th Street is occupied by a one-story brick and frame single family residence. The property is located at the southeast corner of W. 10th Street and S. Victory Street. The residential lot is relatively small in size being 37 feet by 50 feet in area. The front and side yard areas are enclosed by a four (4) foot high chain-link fence which has existed for a number of years. A short portion of the chain- link fence along the west (Victory Street) property line is approximately five (5) feet in height. The applicant recently removed a six (6) foot high chain-link fence which enclosed the rear yard area, and replaced it with a six (6) foot high wood privacy fence, as noted on the attached site plan. The wood fence encloses the rear yard area of approximately 10 feet by 37 feet. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows fences in residential zones located between building setback lines and street rights-of- way to have a maximum height of four (4) feet. Six (6) foot high fences are AUGUST 25, 2008 ITEM NO.: A (CON'T.) allowed elsewhere on residential lots. Therefore, the applicant is requesting a variance to allow the six (6) foot high fence between the 3.7 foot street side setback and the west property line along S. Victory Street. Staff is supportive of the requested variance. Staff views the request as reasonable. The variance request is only for that portion of the fence located within the west 3.7 feet of the property (approximately 17 linear feet of fencing). The fence is located approximately eight (8) feet back from the curb of S. Victory Street and will create no sight -distance problem for the adjacent properties or the intersection of W. 10th Street and S. Victory Street. Staff believes the six (6) foot wood 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: (JUNE 30, 2008) Staff informed the Board that the application needed to be deferred to the July 28, 2008 Agenda based on the fact that the applicant failed to complete the notifications to surrounding property owners as required. The item was placed on the Consent Agenda and deferred to the July 28, 2008 Agenda as recommended by staff with a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (JULY 28, 2008) Staff informed the Board that the application needed to be deferred to the August 25, 2008 Agenda based on the fact that the applicant failed to complete the notifications to surrounding property owners as required. The item was placed on the Consent Agenda and deferred to the August 25, 2008 Agenda as recommended by staff with a vote of 5 ayes and 0 nays. AUGUST 25, 2008 ITEM NO.: A (CON'T.) BOARD OF ADJUSTMENT: (AUGUST 25, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. 7 yil"ein�ct�, � She dna AUGUST 25, 2008 ITEM NO.: 1 File No.: Z-7931 -A Owner: Central Arkansas Library System Applicant: Ed Sergeant/PSRCP Architects Address: 401-409 President Clinton Avenue Description: South side of President Clinton Avenue, between Rock and Commerce Streets Zoned: UU Variance Requested: Variances are requested from the sign provisions of Section 36-353 to allow signage, which varies from the River Market Design Overlay District standards. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Commercial Building Proposed Use of Property: Library STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The UU zoned property at 401-409 President Clinton Avenue contains new building construction and renovation of existing buildings for the Arkansas Studies Institute (Central Arkansas Library System) and Clinton School of Public Service. On September 25, 2005 the Board of Adjustment approved variances associated with the new building construction and signage plan for the property. Work is progressing on the new building construction and building renovation. AUGUST 25, 2008 ITEM NO.: 1 (CON'T.) The applicant is now requesting to add four (4) signs to the previously approved signage plan for the property. The signs are labeled as "J" through "M" on the attached site plan and sketches. The proposed additional signs are as follows: • Sign "J" — 50 square foot wall sign on the north side of the building ("Clinton School of Public Service"), located on the third story level of the building. • Sign "K" — 50 square foot wall sign on the south wall of the building ("Arkansas Studies Institute"), located on the third story level of the building. • Sign "L" — 100 square foot wall sign on the south wall of water tank building feature (Arkansas Studies Institute "logo"), located above the third story level of building. • Sign "M" — 30 square foot wall sign on the east wall of the building ("Arkansas Studies Institute"), located on the third story level of the building. Section 36-353(c)(1)a. of the City's Zoning Ordinance (sign criteria for River Market District) requires that signs not extend above the second floor window sill of a building. Section 36-353(c)(2) allows a maximum sign area of 25 square feet per sign. Section 36-353(a)(1)h. requires that signs face public street right-of-way, except those permitted on facades facing the Arkansas River. Section 36-353(c)(1)b. allows a maximum of three (3) signs per business. Therefore, the applicant is requesting variances from these ordinance standards to allow all four (4) signs to be located above the second floor windowsill and to be greater than 25 square feet in area, and to have more than three (3) total signs (four) for the Arkansas Studies Institute. Additionally, a variance is requested to allow the sign on the east fapade with no direct street frontage. Staff is supportive of the requested sign variances. Staff believes the development and redevelopment plan for this property is a quality one, which will be a very nice addition to the River Market District and overall downtown area. The River Market Design Review Committee reviewed the proposed signage plan on August 8, 2008 and approved the proposed signs as submitted. The overall area of proposed signage is minimal, given the overall area of building fagade associated with the development. With respect to the number of sign proposed, the development has three (3) street frontages, with the east building facade being separated from Commerce Street by a parking lot owned by another party. Staff believes the proposed additional signs for the proposed development will have no adverse impact on the adjacent properties or general area. AUGUST 25, 2008 ITEM NO.: 1 (CON'T.) C. Staff Recommendation: Staff recommends approval of the requested sign variances, subject to a sign permit being obtained for each sign. BOARD OF ADJUSTMENT: (AUGUST 25, 2008) Staff informed the Board that the application needed to be deferred to the September 29, 2008 Agenda based on the fact that the applicant failed to complete the notifications to surrounding property owners as required. The item was placed on the Consent Agenda and deferred to the September 29, 2008 Agenda as recommended by staff with a vote of 4 ayes, 0 nays and 1 absent. 71.3 APPLICATION APPLICATION FOR A NON-RESIDENTIAL ZONING VARIANCE — COVER LETTER July 24, 2008 The ARKANSAS STUDIES INSTITUTE (ASI) is a joint venture between The Central Arkansas Library System and the University of Arkansas at Little Rock. The Center will serve as a public library which will house under one roof the CAL's Butler Center for Arkansas History, the UALR Archives and Special Collections and the Clinton Gubernatorial Papers Project which will include the Institute of Arkansas Governmental Studies. This project was reviewed and variances granted by the Board of Adjustment at its meeting September 26, 2005, Case No. Z-7931. ASI is currently under construction in the 400 block of President Clinton Avenue in the River Market District of Little Rock, Arkansas. It includes the adaptive re -use of the Geyer and Adams and Budget Furniture Buildings with a new addition on the Rock Street or west side. The building is built to all property lines. It adjoins President Clinton Avenue to the north, Rock Street to the west (owned by CALS with utility easements) and alleys to the east and south. The alley and parking lot to the south are owned by CALS. The variances are requested since the building is visible from all sides and contains several public agencies and tenants. While the building functions internally as one, it has several doors on the street which provide separate points of access for its patrons. Separate street addresses on President Clinton Avenue have been assigned to accommodate their needs: 401 —Arkansas Studies Institute, 405 — Geyer and Adams tenant, 407 — Budget Building tenants on levels 2 and 3 and 407 — Budget Building Museum. i River Tim Heiple, Chair Market Shannon Jeffery -Light, Member Design Frank Porbeck, Member ReviewAnn Wait, Member Jim Jackson, Member Committee Planning and Development • 723 W. Markham • Little Rock, Arkansas 72201 • 501-371-4790 • fax 501-399-3435 August 13, 2008 Board of Adjustment 723 West Markham Little Rock, AR 72201 Re: Arkansas Studies Institute Chairman and Members, 7-J_e,_ A= ( ,2-793-�1 The River Market DRC met on August 12, 2008 and reviewed the signage at 401-409 President Clinton Ave. for Arkansas Studies Institute. The DRC approved the signage as submitted. The final vote was 5 yes, 0 noes and 0 recusals. Thank you, Brian Minyard River Market DRC Staff AUGUST 25, 2008 ITEM NO.: 2 File No.: Owner: Applicant: Address: Description: Zoned: Richard A. Williams Robert A. Roberts 13515 Vimy Ridge Road East side of Vimy Ridge Road, north of County Line Road C-1 Variance Requested: A variance is requested from the development provisions of Section 36-299 to allow a retail establishment larger than 10,000 square feet in floor area. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Commercial STAFF REPORT A. Public Works Issues: At time of development, Vimy Ridge Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. At time of development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Vimy Ridge Road including 5 -foot sidewalks with planned development. The future curb line should be located 29.5 ft from the centerline of the right-of-way. 3. At time of development, a grading permit in accordance with section 29- 186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 4. At time of development, storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. AUGUST 25, 2008 ITEM NO.: 2 (CON'T.) 5. At time of development, if disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 6. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lots must have a single driveway access centered on the property line. The width of driveway must not exceed 36 feet. 7. When driveway is moved to the center of the lot, in accordance with 31- 210 (h)(12), access driveways running parallel to the street shall not create a four-way intersection within 75' of the future curb line of the street. 8. At time of development, per City Code, Sec. 30-281(b), the applicant is responsible for boundary street improvements, which include 100% of bridge or box culvert construction on arterial streets for the initial 15 ft of span length. Due to the applicant developing the property on one corner of the culvert under Vimy Ridge Road the applicant is responsible for construction of 25% of the culvert. Due to construction not occurring on the property to the south the applicant should provide the City with a payment for 25% of the cost of extending the box culvert in -lieu of construction. 9. At time of development, plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 10. At time of development, streetlights are required by Section 31-403 of the LR code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more info. 11. At time of development, a drainage study must be conducted to determine the 100 -year flood elevation along the ditch. The proposed buildings must be elevated to 1 foot above the base flood elevation. The drainage culvert under the driveway from the south must be the same size as the box culvert under Vimy Ridge Road. 12. At time of development a shared access easement must be obtained from the property to the south. 13. At time of development, maintenance should be performed on the ditch to the south and east and it placed in a drainage easement. 14. In accordance with 31-210 (h)(12), the access driveway from the south property running parallel to the street shall not create a four-way intersection within 75' of the future curb line of the street. AUGUST 25, 2008 ITEM NO.: 2 (CON'T.) B. Landscape and Buffer Issues: Site plan must comply with the City's landscape and buffer ordinance requirements. The zoning street buffer ordinance requires an average twenty-three foot (23') wide street buffer along Vimy Ridge Road. Currently, this site isn't meeting this minimal amount. It reflects a mere five-foot (5'). The landscape ordinance requires a landscape perimeter strip of nine foot (9') along Vimy Ridge Road. A variance from this minimal amount must be obtained from the City Beautiful Commission prior to the issuance of a building permit. The zoning buffer ordinance requires a seventeen -foot wide (17') land use buffer along both the northern and southern perimeters of the site. Seventy percent (70%) of this area must remain undisturbed. The landscape ordinance requires a landscape perimeter strip of nine foot (9') around the sites entirety. A variance from this minimal amount must be obtained from the City Beautiful Commission prior to the issuance of a building permit. The zoning buffer ordinance requires a twenty-three foot (23') wide land use buffer along the eastern most perimeter of the site next to the residentially zoned properties. Seventy percent (70%) of this area must remain undisturbed. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern, southern, and eastern property lines, next to the residentially zoned property. Interior islands are required within the parking lot area and must be a minimum of one hundred and fifty square foot in area and be evenly distributed throughout the site. A small amount of building landscaping will be required. An automatic irrigation system to water landscaped areas will be required. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. AUGUST 25, 2008 ITEM NO.: 2 (CON'T.) The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. It appears there are very old live oak trees at this location. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. C. Staff Analysis: The C-1 zoned property at 13515 Vimy Ridge Road is undeveloped pasture - type land. There is a single-family residence on a large tract located immediately north of the property, with undeveloped R-2 zoned property further north. There is also undeveloped R-2 zoned property across Vimy Ridge Road to the west, with a Dollar General Store to the southwest. A convenience store is located immediately to the south at the northeast corner of Vimy Ridge Road and County Line Road. A single-family subdivision is located to the east, with undeveloped MF -6 zoned property to the southeast. On April 1, 2008 the City Board of Directors passed Ordinance No. 19,949 which rezoned this 2.519 acre property to "C-1" Neighborhood Commercial District. The rezoning was approved, subject to the following conditions: • There shall be a 25 -foot undisturbed buffer along the east perimeter of the property, with additional evergreen planting to be installed to complete screening within the buffer area. • There shall be a building line established along the east property line as follows: beginning 150 feet west of the northeast corner of the property; running south perpendicular to the north property line to a point 35 feet back from the east property line; running southwesterly 35 feet back from the east property line to the southeast corner of the property. The applicant is now proposing a commercial development plan for the property, as noted on the attached site plan. The proposed plan consists of a 21,000 square foot commercial building located within the east half of the property, with paved parking between the building and Vimy Ridge Road. A single access drive is proposed from Vimy Ridge Road, with a cross -access drive with the existing convenience store to the south. A pharmacy drive-thru is proposed on the north side of the building. Truck access will be along the north side of the building to a loading dock on the rear (east side) of the building. A dumpster will be located near the loading dock area. The applicant is proposing for a "Fred's" store to occupy 16,000 square feet of the commercial building, with smaller commercial user(s) occupying the remainder of the building. The proposed development will comply with the buffer and building setback conditions of the rezoning ordinance. AUGUST 25, 2008 ITEM NO.: 2 (CON'T.) The applicant is requesting one (1) variance with the proposed development. Section 36-299(b)(2) of the City's Zoning Ordinance (C-1 development criteria) is as follows: (2) There shall be a maximum gross leasable area of five thousand (5,000) square feet per establishment, except that one (1) establishment may have not more than ten thousand (10,000) square feet. The applicant is requesting a variance from this ordinance standard to allow the "Fred's" store to occupy 16,000 square feet of the proposed commercial building. Staff is supportive of the requested variance. Staff views the request as reasonable. The "Fred's" store use will be a neighborhood commercial -type use, with a pharmacy and other convenience/grocery retail goods. Staff feels the store will be a quality addition to serve the residential uses in the area. Staff's support is based on the development conforming to all Landscape/Buffer and Public Works requirements, as well as the conditions of the rezoning ordinance. Staff believes the proposed development will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested variance, subject to the following conditions: 1. Compliance with all Landscape and Buffer requirements. 2. Compliance with all Public Works requirements. 3. Compliance with the conditions of rezoning Ordinance No. 19,949. 4. The dumpster must not be located within the 35 -foot rear setback area. 5. All signage must comply to ordinance standards. 6. A cross -access easement with the property to the south must be executed prior to approval of shared driveway. 7. The required 25' buffer is to be marked and protected with orange contractor's fencing. Placement of the fencing is to be confirmed by staff prior to any work commencing on the site. AUGUST 25, 2008 ITEM NO.: 2 (CON'T.) BOARD OF ADJUSTMENT: (AUGUST 25, 2008) Staff informed the Board that the application needed to be deferred to the September 29, 2008 Agenda based on the fact that the applicant failed to complete the notifications to surrounding property owners as required. The item was placed on the Consent Agenda and deferred to the September 29, 2008 Agenda as recommended by staff with a vote of 4 ayes, 0 nays and 1 absent. A August 11, 2008 Kittler-Roberts Group, 2.305 Springhill Road, Suite 4 Bryant, Arkansas 72022 Phone 501-847-7445 Fax 501-847-8111 www.kittler-roberts.com Mr. Monte Moore City of Little Rock 723 West Markham, Street, I" Floor Little Rock, AR 72201-1334 Phone (501) 371-4792 Fax (501) 399-3435 47, LLP T4e- -;z- gz_e6 A RE Zoning Variance Application Proposed Neighborhood Commercial Center (inn. 'Fred's Discount Store) 'limy Ridge Crossing (2.219 Acres) Dear Mr. Moore: Please accept this letter and application for a zoning varhince in connection with our proposed neighborhood commercial development on Vimy Ridge Road. As discussed, we have been contacted by Fred's Stores, Inc. about developing a new facility for thern on our site. It is our understanding that the current zoning allows multiple users on the same site but caps a single user's space at 10,000 square feet maximum. We believe, that a Fred's store is a good use of the current zoning and that it will be an. asset to the community and positively affect the commercial tax base for the area. Fred's typically utilizes a prototype of 18,000 square feet for new store development but has agreed in principal to a smaller 1.6,000 square foot facility for this site. The adjoining commercial/retail building to the proposed Fred's stare shown on our site plan will be occupied by complementing neighborhood commercial uses_ Please contact me if you have any questions or need. any additional information. We look forward to working with you on this project, Sincerely, Kittler-Roberts Group, LLP B v gobert A. Roberts, Partner RAR:bkjr E, ,seg viRq Arkansas for 4,L, years AUGUST 25, 2008 ITEM NO.: 3 File No.: Z-8380 Owner/Applicant: Pam Childress Address: 4923 Woodlawn Description: Lot 7 and part of Lot 6, Block 26, Pulaski Heights Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow an addition with reduced side 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. STAFF NOTE: Staff determined that this request needed to be filed as a "PRD" Planned Residential Development rezoning, based on the fact that the variance requested is from the Hillcrest Design Overlay District requirements. Therefore, staff recommends this application be withdrawn. BOARD OF ADJUSTMENT: (AUGUST 25, 2008) Staff informed the Board that the application needed to be withdrawn, as it was re -filed as a Planned Residential Development as required by the Hillcrest Design Overlay District requirements. The item was placed on the Consent Agenda and withdrawn by a vote of 4 ayes, 0 nays and 1 absent. Pa*n�CvE). C � I - .e, - 10702 Cre4tda& LcwiPJ � 0 LUtlPi2o-ck, AIR 72212 July 14, 2008 Little. Rock Board of Adjustment Department of Planning and Development 723 W. Markham Little Rock, AR Re: Variance Request - 4923 Woodlawn Street, 72205 Dear Board Members: Attached are six (6) copies of a recent certified survey which shows the existing and proposed improvements, properly dimensioned and labeled, for a house at 4923 Woodlawn Street, 72205. This letter is a request for a variance from the requirements of the Zoning Ordinance. My husband and I recently purchased this Hillcrest house, which was built in 1915. At some point in time, a very strangely shaped addition was built, with the southeast corner of the house forming a zigzag into the room, rather than making a standard 90 degree corner. We would like to use this existing space as the master bedroom, but we very much need to straighten out the internal structural configuration. This particular corner of the house is not a prominent corner, is tucked away next to a stone wall on top of which sits a privacy fence, and is several yards from the alley. Obstructing the view of the corner from the alley is a metal shed which sits on the corner of the lot. We are asking only to join two existing walls; and, straightening the internal structural configuration of this zigzag into a proper 90 degree corner would allow a functional closet in the master bedroom. Thank you so much for consideration of this request, and we hope to be allowed to join these two walls together very soon. Sincerely, Pamela D. Childress Attachments AUGUST 25, 2008 ITEM NO.: 4 File No.: Z-8381 Owner/Applicant: Ralph Cotham Address: 1600 N. Jackson Street Description: Lots 77 and 78, Cliffewood Addition Zoned: R-2 Variance Requested: Variances are requested from area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a carport addition with a reduced side 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: 1. Any guttering and downspouts should direct stormwater flows away from the adjacent property. B. Staff Analysis: The R-2 zoned property at 1600 N. Jackson Street is occupied by a two-story brick and frame single-family residence. The property is located at the northwest corner of N. Jackson Street and Crestwood Drive. The lot contains a 30 -foot front platted building line along N. Jackson Street and a 15 -foot street side platted building line along Crestwood Drive. There is a one -car wide driveway from N. Jackson Street, which serves as access. In January 2008 the residence sustained storm damage when a tree feel on the north portion of the home and damaged the carport structure. The carport was located three (3) to 3.8 feet from the north (side) property line and behind the 30 -foot front platted building line. There was attic space above the carport area. The carport had to be removed as a result of the storm damage. AUGUST 25, 2008 ITEM NO.: 4 (CON'T.) The contractor for the property owner recently began construction of a new carport, with second story living space, as noted on the attached site plan. The construction was initiated without a building permit. The carport addition follows essentially the same footprint of the previous carport, with two (2) minor differences. The new carport is located approximately three (3) feet closer to the front (east) property line, crossing the front platted building line by three (3) feet. The carport is also located slightly further away from the north side property line, with a side setback ranging from 3.6 to 4.7 feet. The applicant proposes for the first floor carport to be unenclosed on its north, east and west sides. The two-story carport addition has been framed and partially roofed. Construction was stopped when the issue of not having a building permit was observed. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of eight (8) feet for this R-2 zoned lot. Section 31-12(c) of the City's Subdivision Ordinance requires that encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances to allow the proposed carport addition with a reduced side setback and which crosses a front platted building line. Staff is supportive of the requested variances. Staff views the request as reasonable. The applicant is proposing to reconstruct a carport structure, which existed on the site prior to recent storm damage. Although the addition is being constructed at a two-story height, the addition is not substantially higher (roof peak) than the previous addition. Additionally, the new addition is 0.6 to 0.9 foot further back from the north side property line. The roof pitch of the new carport addition is east/west, so there should be no water run-off onto the property to the north. With respect to the building line encroachment, the structure does comply with the typical minimum front setback requirement of 25 feet. The addition is located 27 to 30 feet back from the front (east) property line. Only approximately 33 square feet of the carport addition crosses the front platted building line. Staff believes the proposed addition will have no adverse impact on the adjacent properties or the general area. 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 new carport addition. The applicant should review the filling 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 setback and building line variances, subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. AUGUST 25, 2008 ITEM NO.: 4 (CON'T.) 2. The carport addition must remain unenclosed on its east, west and north sides. 3. Compliance with the Public Works requirements as noted in paragraph A. of the agenda staff report. 4. A building permit must be obtained for the construction. BOARD OF ADJUSTMENT: (AUGUST 25, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 3 ayes, 1 nay and 1 absent. July 17, 2008 Department of Planning and Development � ��- 723 West Markham Little Rock, Arkansas 72201 To Whore it May Concern: In January of this year winds uprooted an oak tree in our backyard and destroyed our attached carport. We have begun construction on a new carport and rooms above and have only belatedly come to understand that we need both a construction permit and a zoning variance. Our failure to obtains these documents in advance was a result solely on our reliance on our contractor who believed that because we were re -building on roughly the same footprint as the existing structure we would not need the City's permission. Now that we know that advice was incorrect we ask for the following: 1) A permit so that we may begin working again on our partially completed construction 2) A zoning variance that would allow us to go slightly closer to the street than otherwise allowed The zoning variance is necessary to snake the new structure fit appropriately to our two story, 19305 colonial home. The additional space we seek would not be at the expense of existing landscaping or grass - - the area is now part of our driveway and has been since before we moved into our home in 1972. Additionally, a recent survey (enclosed) reflects that there are a number of homes on our street zoned to be setback 25' from the curb. This is important, in our view, because our home is zoned for 30' and we are asking for a variance to encroach less than. 5 'closer to the curb. Please keep in mind that the planned carport would still be set back from the house and that the only reason a variance is necessary is because of an odd shaped lot that would take the smaller structure closer to the curb. In fact, only the northern post of the planned structure is over the line and failure to obtain your approval for thatminor variance would preclude our ability to set the carport at a right angle to our home. It, should be said explicitly that as lifelong residents of Little Rock we regret not having pursued these two documents from your department before we began construction and we apologize to both our neighbors and the city at large. With that said, granting us a permit to rebuild our carport, without also granting the zoning variance, would put us in the unfortunate position of having the right to build something that might detract from, not add to, our existing property. It is, therefore, our sincere hope that your reasonable desire to maintain current zoning regulations will, in this case, be overcome by your willingness to help maintain the symmetry of an unobstructed, corner property in one of Little Rock's neighborhoods. Thank you for your consideration. Respectfully, Mary d Ralph Cotham AUGUST 25, 2008 ITEM NO.: 5 File No.: Z-8382 Owner: River Park Builders, LLC Applicant: Keith Wingfield Address: 6 Tory Court Description: Lot 12, Block 8, Villages of Wellington Zoned: R-2 Variance Requested: A variance is requested from the fence/wall provisions of Section 36-516 to allow a wall, 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 Tory Court contains a one-story single family residence, which is in the process of being constructed. The property slopes downward from front to back (south to north). A two -car wide driveway is proposed at the southeast corner of the lot, leading to a garage at the southeast corner of the residence. Given the slope of the property, a retaining wall will be required along the north and east sides of the driveway, as noted on the attached site plan. The proposed wall will allow a level driveway access to the garage portion of the house. The proposed retaining wall will be approximately two (2) feet in height, increasing to a height of ten (10) feet at the northeast corner of the driveway. The ten (10) foot high wall section will tie into the east wall of the residence (garage). AUGUST 25, 2008 ITEM NO.: 5 (CON'T Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum residential wall/fence height of six (6) feet for fences/walls not meeting principal building setbacks. Therefore, the applicant is requesting a variance to allow the ten (10) foot high retaining wall for the proposed driveway. Staff is supportive of the requested variance. Staff views the request as reasonable, given the downward slope of the property from front to back. The proposed wall will not be out of character with other walls in this neighborhood. The residential lot immediately to the east has a similar, lower wall around its driveway. The applicant will need to provide handrails similar to the property to the east to prevent someone from falling off the wall structure. Staff believes the proposed wall will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested wall variance, subject to the following conditions: 1. The exposed wall face must be a textured, masonry finish. 2. Handrails must be provided along the top of the proposed wall. BOARD OF ADJUSTMENT: (AUGUST 25, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. RIVER ROCK BUILDERS LLC 17 PORTLAND ROAD LITTLE ARKANSAS 72212 501-225-4134 Board of Adjustment City of Little Rock Department of Planning & Development 723 West Markham Little Rock, AR 72201 Re: 6 Tory Court retaining wall variance Dear Board members: July 23, 2008 am submitting an application for a variance to Sec. 36-516 of the Little Rock Code of ordinances to allow for a retaining wall to have a maximum 10' vertical height between the side set -back and lot property line. The topography of this residential lot is very steep at a slope of approximately 20%. The home is designed to have a side -loading garage and front -loading garage. I am enclosing a preliminary plot plan that details the home on the lot, the location of the retaining wall and other features. The retaining wail is necessary to hold the fill required for the driveway approach to both the side - loading and front loading garage The face of the retaining wall will be 12" from the property line and the driveway will allow for a minimum 36" space between the top of the wall and the paved section. This area will be used for shrubs and landscaping. The wall has a 10 I.f. side section that ranges from 6' to 10' vertical height and a 7 I.f. rear section that faces the rear of the lot. I have provided pictures of the site as well as photos of a similar type of wall. The wall will be a textured faced concrete block and will have a coating that is the same as the color of the painted brick for the home. If you have any questions please advise me as soon as possible. I will be prepared to fully discuss this proposal at the next meeting. Sincerely, R 6eithingfield River Rock Builders, LLC AUGUST 25, 2008 ITEM NO.: 6 File No.: Owner: Applicant: Address: Description: Zoned: Z-8383 Ron and Kathy Blasingame Garrett Bosley/Bosley Construction, Inc. 4305 N. Lookout Lot 2, Block 14, Hillcrest Addition R-2 Variance Requested: A variance is requested from the height provisions of Section 36-254 to allow a single-family residence, 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 4305 N. Lookout is occupied by a two-story masonry single-family residence, which is in the process of being constructed. The new residence is flat roof -type construction. The single family lot slopes downward from back to front (south to north). Vehicular access to the property is by way of a paved alley along the south property line. The alley runs east from Walnut Street, which is west of the site. There is no vehicular access from N. Lookout. The height of the main portion of the new residence is 31.5 feet as measured from the lowest finished floor to the roof deck. A knee wall around the perimeter of the roof deck is 35 feet above the lowest finished floor. As part of the new home construction, a roof -top mechanical room was constructed to AUGUST 25, 2008 ITEM NO.: 6 (CON'T) house an elevator and stairway for access to the roof of the residence. The roof -top mechanical room is 12 feet by 16 feet in size and located along the west wall of the home. The mechanical room is 41' — 1" in height, as measured from the lowest finished floor to the roof deck. Section 36-254(c) of the City's Zoning Ordinance allows a maximum building height of 35 feet for R-2 zoned property. Section 36-2 defines building height as the vertical distance as measured through the central axis of the building from the elevation of the lowest finished floor level to the highest point of ceiling of the top story in the case of a flat roof. Therefore, the applicant is requesting a variance from this ordinance standard to allow the roof top mechanical room with a height of approximately 41'— 1". This property is within the Hillcrest Design Overlay District, which allows a building height of up to 39 feet, as measured from the "grade plane" to the ridge -line of the highest roof surface. However, the building permit was reviewed and issued prior to the approved Hillcrest DOD ordinance. Therefore, those standards do not apply to this particular development. Staff is supportive of the requested height variance. Staff views the request as reasonable. Although the new residence is taller than the adjacent homes, the height of the main portion of the structure complies with ordinance standards. Only a small portion of the overall building footprint (192 square feet) exceeds the maximum allowed height. Staff views the new residence as a quality in -fill project, and believes the building height of the roof -top mechanical room will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested building height variance, subject to the variance being approved only for the roof -top mechanical room element of the residential structure. BOARD OF ADJUSTMENT: (AUGUST 25, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. C O N S T Bosley Construction, Inc 9107 N. Rodney Parham Rd #12 Little, Rock, Ar 72205 July 22, 2008 To the Board of Adjustments, 4- -2-- :?3 Y3 1 N C . Bosley Construction is constructing a home for Ron and Kathy Blasingame at 4305 North Lookout. We are proposing to build a roof access to a flat roof. The roof access height is 41 feet from the bottom floor. The owner wants to build a roof access containing an elevator and a set of stairs. The roof is designed and engineered as an outside deck. The homeowner wants the elevator to be installed for roof maintenance. The elevator would provide access for getting the proper tools to the roof for cleaning and removing tree debris. They want to be able to take the tools and debris back down to street level without going into the interior of their home. The Blasingames designed the house with their retirement years in mind with accessibility from roof to basement being an important feature. They would like to be able to accommodate their friends and family that are handicapped and wheelchair bound. The homeowner wants the stairs installed in case of a power outage and or fire. There is a flat roof above the elevator shaft to create the lowest possible housing for the elevator. The roof access is just large enough for the shaft, staircase and outside door onto the roof. Bosley Construction, Inc. Member Phone: (501) 225-2729 4 Fax: (501) 225-8094 /\NMBHOME ""�P"" 9107 North Rodney Parham #12, Little Rock, Arkansas 72205 BUILDERS. AUGUST 25, 2008 ITEM NO.: 7 File No.: Z-8384 Owner: Lance and Kandi West Applicant: Richard Harp Address: 1600 N. Harrison Street Description: Lot 1, Block 3, Englewood Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 to allow an accessory building with reduced street side setback and increased rear yard coverage. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential (under construction) Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The R-2 zoned property located at 1600 N. Harrison Street is occupied by the foundation of a single family residence, which is in the process of being constructed. The property is located at the northwest corner of N. Harrison Street and "O" Street. There is a paved alley along the rear (west) property line. The applicant has obtained a building permit for the residence, as it complies with ordinance standards. As part of the project, the applicant proposes to construct a one-story detached garage, as noted on the attached site plan. The proposed garage will be located at the southwest corner of the property and accessed by way of a new driveway from "O" Street. The garage will be 24 feet by 26 feet in size and located 13 feet from the principal house. The garage will be set back six (6) feet from the south street side property line and located on the rear (west) AUGUST 25, 2008 ITEM NO.: 7 (CON'T.) property line. The garage will occupy approximately 50 percent of the required rear yard (rear 25 feet of the lot). A covered walkway will lead from the garage to the rear of the house. Section 36-156(a)(2)c. of the City's Zoning Ordinance requires that accessory buildings in residential zoning have a minimum street side setback of 15 feet. This section also allows accessory buildings to occupy up to 30 percent of required rear yard areas. Therefore, the applicant is requesting variances from those ordinance standards to allow the accessory garage with a street side setback of six (6) feet and a rear yard coverage of approximately 50 percent. Staff is supportive of the requested variances. Staff views the request as reasonable for this 50 -foot wide residential lot. The proposed accessory garage will not be out of character with other accessory structures in this general area. A similar garage structure (for which variances were granted) is located on the lot immediately to the west. That garage structure is actually located approximately five (5) feet closer to the street side property line than the proposed garage. The proposed garage will line up with other structures along the north side of "O" Street. There also are numerous garage structures along the south side of "O" Street with similar setbacks and coverages. Staff believes the proposed garage will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested variances, subject to the following conditions: 1. A building permit must be obtained for the garage structure. 2. The garage must be constructed to match the principal structure. 3. The covered walkway between the garage and principal structure must remain unenclosed. BOARD OF ADJUSTMENT: (AUGUST 25, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. July 25, 2008 Board of Adjustments City of Little Rock Dear Board: My wife Kandi, and I are building our new home at 1600 North Harrison Street, Little Rock, AR 72207. This is currently a vacant lot, and we are constructing a beautiful two story home for our growing family. Similar to other houses in our area, we would like to have a detached building (garage) for secured vehicle parking. Since the area is adjacent to the Forest Park school, it is a fairly busy area when school is in session. We feel this detached accessory structure would allow us a safe place to store, load and unload human cargo into our vehicles and not leave the vehicles cluttering or clogging the streets. We would like to build a 24' x 26' garage accessible via a covered but unenclosed breezeway in our back yard. Ordinance 36-156 allows an accessory structure to occupy up to 30% of the rear 25' of the property. Our garage would equal about half of our rear yard yet leaving enough grassed area to serve as a suitable rear yard for us. As we have noticed when driving around the neighborhood, many of the other houses have detached accessory structures (mostly garages). In visiting with other neighbors about how to locate a house and detached garage similarly to the many others we have viewed, it was explained to us that a variance process was used to accomplish many of those accessory building constructions. We would like to offer that we removed the previously existing house and detached accessory structure and a number of neighbors have expressed their delight with our action. We are rebuilding a rather bungalow looking home that seems to suit the area well and has, so far, pleased other neighbors. The detached accessory structure will match the look and feel of the home. We would appreciate this variance request as we and others we have visited with feel that the request would seamlessly fit into the neighborhood, be an improvement beyond the structure that previously resided on this lot, and not be a request beyond others that were apparently granted in our immediate area. Thank you for your time and consideration. We respectfully request that you grant our variance. Sincerely, MIS Lance West 37 Shannon Drive Little Rock, AR 72207 (501) 607-0608 0 U W W 0 Z ''� W i D �— Q � LL 0 I � I � 0 m t I— V i. •r F— Z w U) m Q LU Q Z I` w Q i I ❑ m m O m Lu 0 ~ ? w m o� LU w ❑ ~ UJ ui ::) > Cl) ❑ Z U5O UW � n 3: O co Z_ V i. •r F— Z w U) m Q LU Q Z I` w Q ❑ O m m w ❑ ~ w ❑ Z U5O UW � O w Z_ � O = ❑ O :Em Q z t=m�cn>� V i. •r F— Z w U) m Q LU Q Z I` w Q August 25, 2008 There being no further business before the Board, the meeting was adjourned at 2:07 p.m.