Loading...
HomeMy WebLinkAboutboa_08 30 2004LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES AUGUST 30, 2004 Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. 11. Approval of the Minutes of the Previous Meeting The Minutes of the July 26, 2004 meeting were approved as mailed by unanimous vote. III. Members Present: Fred Gray, Chairman Andrew Francis, Vice Chairman Terry Burruss David Wilbourn Members Absent: Debra Harris City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA AUGUST 30, 2004 2:00 P.M. I. DEFERRED ITEMS: A. Z-7659 Kenwood Subdivision B. Z-7637 1319 Kavanaugh Blvd. C. Z-7438 2809 W. 12th Street D. Z-7687 6904 Azalea Drive E. Z-7688 16 Timber Lane II. NEW ITEMS: 1. Z-3371 -K 11701 Colonel Glenn Road 2. Z -3883-B 1818 N. Taylor Street 3. Z -5926-A 8201 Cantrell Road 4. Z -6655-B 3421 Old Cantrell Road 5. Z -7282-A 2723 Walker Street 6. Z-7702 2214 Country Club Lane 7. Z-7703 1910 Country Club Lane 8. Z-7704 14107 Belle Pointe Drive 9. Z-7705 18 Windrush Point r 0 O ■ — 3NId a31ZVa3 O 11ntl81H1 d�oW e _ V U OpNp N '3 NVWa30 _ �mMw rL NItlW AtlMON088 HOaV — N01hp ONIN IN � - 8314360 Ecd � Cfl � �FpNjpN (V o �1A08000M r _ — 3NId 133�s 3NId z z yJyy 8V0 N0111WV 11095 N 5 s�hiyas Nadal 3� �o a t AllSa3/UNn z AlISa3AINn SONIadS 83A30 0 S3HOnH LO o IddISS IN d� tise 6 1001HO z a10Aa3S38 MOMS NHOP 3 y uP 3NN13H 0800NOVHS S SIOaVS W o" VHatld A314008 NV s 08 � — 4'-j „o z S11WIl lll9 3901a AWU H�Vps�sb1S o v ORO�� 0 fepfi�`�Pv to o r� latlM3ls NVnnlns yS 0 S1IWn A10o2�,, o V 1101 0 31VON833 0 l AUGUST :��, 2004 ITEM NO.: A File No.: Z-7659 Owner: Davis Fitzhugh and various owners Address: Along David O. Dodd Road, South of J.A. Fair High School Description: Kenwood Subdivision (Lots 2-12, 52-61 and 85-95). Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36-516 to allow privacy fences which exceed 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: Kenwood Subdivision is a 215 lot single family subdivision located along the east and north sides of David O. Dodd road, south of Colonel Glenn Road and west of Interstate 430. The preliminary plat for the subdivision was approved by the Planning commission on November 11, 1999. The first two (2) phases of the subdivision have been final platted, with several homes having been constructed and in the process of being constructed. When the plat was approved, the Planning Commission required a 10 foot wide "no vehicular access easement and undisturbed buffer" along the entire perimeter of the subdivision where adjacent to David O. Dodd Road. In other words, the rear 10 feet of Lots 1-12, 53-60 and 86-95 were set aside as an undisturbed buffer with no vehicular access. Rear portions of Lots 61 and 85 are also included in the undisturbed buffer/no AUGUST ��, 2004 ITEM NO.: A (CON'T. vehicular access issue. A larger portion of Lot 52 is included in a drainage easement with no fencing allowed. It recently came to staff's attention that the 10 foot wide buffer had been cleared on several of the lots, with some of the lots having constructed fences on the rear property lines. Inspection of the property revealed that Lots 1 and 85-95 are developed. Lots 85-88 and 93-95 have 6 foot high wood fences located on their rear property lines within the 10 foot buffer area. Lots 89-92 have 6 foot wood fences that appear to be 10 feet back from the rear property line. The 10 foot buffer at the rear of Lots 85-95 appears to have been cleared with each individual lot development. Lots 53-61 are undeveloped, but have been cleared. It appears that the 10 foot buffer at the rear of these lots has also been cleared. No fences have been constructed on these lots. Lots 2-12 are also undeveloped. The 10 foot buffer at the rear of these lots is undisturbed. Lot 1 recently was approved by the Board of Adjustment for a six (6) foot high fence, 10 feet back from the rear property line. The 10 foot buffer at the rear of Lot 1 which was disturbed was replanted as a condition of the Board of Adjustment approval. 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 required building setback line and a street right-of-way. A maximum fence height of six (6) feet is allowed elsewhere on a residential lot. The subdivision developer, Davis Fitzhugh, has filed a variance request to allow six (6) foot high wood privacy fences to be constructed within the rear 25 feet of Lots 2-12, 53-61 and 85-95. The fences will be located 10 feet back from the rear property lines to recognize the required 10 foot buffer. Mr. Fitzhugh has filed the variance request on behalf of the lots he still owns and the other individual lot owners (Lots 85-95). Staff is supportive of the requested variance. Staff feels that the request is reasonable. However, staff will require that the 10 foot buffer area along David O. Dodd Road be replanted where it has been disturbed. Given the fact that the 10 foot undisturbed buffer was a requirement of the Planning Commission's approval of the plat and not a Zoning Ordinance buffer requirement, the Board of Adjustment cannot approve a fence to be located within the buffer area nor can the Board approve a variance from the buffer requirement. If any of the lot owners wish to locate their fences within the buffer area and/or not replant the K AUGUST 30, 2004 ITEM NO.: A (CON'T buffer where disturbed, a revised preliminary plat must be filed with the Planning Commission. C. Staff Recommendations: Staff recommends approval of the requested variance, subject to the following conditions: 1. The six (6) foot high fences must be located 10 feet back from the rear property lines and not within the required buffer area. 2. Any fences currently within the 10 foot buffer area must be removed from the buffer within 30 days. 3. The buffer area which has been disturbed (Lots 53-61 and 85-95) must be replanted within 60 days. Contact Bob Brown, Plans Development Administrator, (371-4864) for details concerning the replanting. 4. Any fencing must be located 7.5 feet back from the side property line between Lots 55 and 56 to recognize a platted auxiliary access easement. 5. No fencing will be allowed within the drainage easement at the rear of Lot 52. Staff supports a 6 foot high fence within the rear 25 feet of this lot, outside the drainage easement area. 6. Construction fencing must be placed at the rear of Lots 2-12 (10 feet in from rear property line) prior to any clearing, in order to protect the undisturbed buffer. 7. Construction fencing must also be placed at the rear of Lots 53-61 (10 feet in from rear property line) prior to individual lot development, in order to protect the buffer area which will be replanted. BOARD OF ADJUSTMENT: (JUNE 28, 2004) Staff informed the Board that the applicant requested to defer the application to the July 26, 2004 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the July 26, 2004 Agenda by a vote of 5 ayes and 0 nays. BOARD OF ADJUSTMENT: (JULY 26, 2004) Staff informed the Board that the applicant requested to defer the application to the august 30, 2004 Agenda. Staff supported the deferral request. 3 AUGUST ou, 2004 ITEM NO.: A (CON'T.) The item was placed on the Consent Agenda and deferred to the August 30, 2004 Agenda by a vote of 3 ayes, 0 nays and 2 absent. BOARD OF ADJUSTMENT: (AUGUST 30, 2004) Staff informed the Board that the applicant requested to defer the application to the October 25, 2004 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the October 25, 2004 Agenda by a vote of 4 ayes, 0 nays and 1 absent. 51 © WHITE - DATERS & ASSOCIATES, INC. 24 Rahling Circle 0 Little Rock, Arkansas 72223 May 28, 2003 Mr. Monte Moore, Zoning Administrator City of Little Rock Planning Department 723 W. Markham St. Little Rock, Arkansas 72201 RE: Kenwood Subdivision Fence Variance Mr. Moore, The developer along with the various lot owners would like to request a fence height variance for the above referenced project. The variance would allow the construction of a 6 ft. tall fence within the setback along David O'Dodd. Also, the property owner would work directly with Bob Brown to restore any portion of the 10 ft. buffer that has been disturbed. Mr. Fitzhugh owns lots 2 through 12 and 52 through 61 which have not been recorded. Lots 85 through 95 are owned by various individuals that have purchased homes within this development. Please place this item on the next available Board of Adjustment hearing. Do not hesitate to call should you have any questions or require additional information. Your help in this matter is greatly appreciated. Best regards, Joe D. Whit , Cc: Mr. Davis Fitzhugh — Kenwood Subdivision CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING AUGUST�ov, 2004 ITEM NO.: B File No.: Z-7637 Owner: David Hall Address: 1319 Kavanaugh Blvd. Description: Lot 13, Block 9, Midland Hills Addition Zoned: R-3 Variance Requested: Variances are requested from the area provisions of Section 36-255 to allow a deck addition with reduced front and side yard setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Condominiums Proposed Use of Property: Condominiums STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-3 zoned property at 1319 Kavanaugh Blvd. is occupied by two (2), two-story brick and frame duplex/condominium structures. One (1) of the duplex/condo structures faces Kavanaugh Blvd., with the other fronting on Louise Street. A one -car wide driveway from Louise Street serves as access to the property. There is a one-story frame garage structure located in the rear yard, at the southeast corner of the property. The applicant recently constructed a 12 foot by 18 foot wood deck structure at the east end of the northernmost duplex/condo structure (facing Kavanaugh Blvd.). The northeast corner of the deck structure is located on the side (east) property line. The southeast corner of the deck extends across the side (east) property line by approximately two (2) feet. There is another multi -unit condominium type structure located AUGUST ��, 2004 ITEM NO.: B (Cont. on the lot immediately to the east. The floor of the new deck structure is approximately 10 feet above grade, as the property slopes downward from Kavanaugh Blvd. The deck is located between 12 feet and 15 feet back from the front (north) property line. Section 36-255(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for principal structures in R-3 zoning. Section 36-255(d)(2) requires a minimum side yard setback of five (5) feet. Therefore, the applicant is requesting variances from these ordinance standards to allow the existing deck with reduced front and side yard setbacks. Staff does not support the requested variances. Staff does not feel that the requested variances are reasonable. Staff typically does not support zero (0) side setbacks for residential structures. Additionally, staff does not have the authority to recommend approval of nor does the Board of Adjustment have the authority to approve a structure which crosses a property line and extends into another property ownership. Given the fact that a driveway exists on the adjacent property to the east, between the deck and the adjacent condominium building, staff could support a minimum two (2) foot side yard setback for the deck structure. If the deck were moved back two (2) feet from the side property line, staff would also support the reduced front setback. As noted earlier, the deck is approximately 10 feet above grade. This should allow for proper maintenance of the yard area under and beside the deck structure. C. Staff Recommendations: Staff recommends denial of the requested setback variances, as filed. BOARD OF ADJUSTMENT: (JUNE 28, 2004) Staff informed the Board that the applicant requested to defer the application to the July 26, 2004 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the July 26, 2004 Agenda by a vote of 5 ayes and 0 nays. E AUGUST 60, 2004 ITEM NO.: B (Cont.) BOARD OF ADJUSTMENT: (JULY 26, 2004) David Hall was present, representing the application. Based on the fact that only three (3) Board members were present, the Board offered a deferral to the applicant. Mr. Hall requested to defer the application to the August 30, 2004 Agenda. A motion was made to defer the application to the August 30, 2004 Agenda. The motion passed by a vote of 3 ayes, 0 nays and 2 absent. The application was deferred. BOARD OF ADJUSTMENT: (AUGUST 30, 2004) David Hall was present, representing the application. There were no objectors present. Staff presented the item with a recommendation of denial. David Hall addressed the Board in support of the application. He explained why the deck needed to stay as is, with no alterations. He noted that the neighbors (condo owners) immediately to the east had signed an agreement to provide an easement for maintenance of the deck structure. He noted that the neighbors had no problem leaving the deck as constructed. He stated that he could file the easement deed within 30 days. Chairman Gray asked who the property owners to the east were. Mr. Hall explained that there were eight (8) condo owners. There was a brief discussion of the deck construction with respect to the side property line. Mr. Hall noted that he had professional help with the deck construction who advised him that the deck was ok and needed no building permit. There was further discussion of the deck's relation to the driveway on the property to the east. Vice -Chairman Francis expressed concern with approving a zero side setback. He noted that he could support a two (2) foot side setback. There was additional discussion of the setback issue. Mr. Hall noted that it would be difficult to reduce the size of the deck, and discussed. Chairman Gray noted that he could support a one (1) to two (2) foot side setback. 3 AUGUST oO, 2004 ITEM NO.: B (Cont.) Terry Burruss asked if a replat could be done to move the side property line. Staff noted that replats had been done in similar situations in the past. There was discussion regarding a possible replat of the property and the issue of deferring the item to allow Mr. Hall time to explore that possibility. Mr. Hall requested to defer the application. There was a motion to defer the application to the September 27, 2004 agenda. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was deferred. CI 2-763-7 TO: BOARD OF ADJUSTMENT SUBJECT: ZONING VARIANCE FOR DECK AT 1319 KAVANAUGH I, David Hall, the owner of 1319 Kavanaugh request a zoning variance to the setback rule for construction on property lines. This variance is necessary in order for this property to have a deck, which is accessible to the owners via the back door, and is of area to sufficient enough provide room for a gazebo and deck furniture. This deck is also I believe of cosmetic value not only for this property but also for the neighboring properties. There are several reasons/justifications for a variance in this case. Photographs, the petitioning of surrounding neighbors, will support the justifications and other exhibits to be produced at the zoning meeting. Most importantly the allowance of a variance should have the greatest possible benefit to the most people. In my opinion there would be no loser in a positive decision for a variance. The justifications are as follows: • The internal structural configuration for this duplex places the back entryway on the east side of the property making this the prime place to put a deck. There is not another doorway for both duplexes except on the north side of the property facing a busy Kavanaugh blvd. with no available building space. • The Lot configuration is also unusual in that the building is very close proportionately to the east side of the property. The building is not parallel to the property line and is therefore at a slight angle, which further reduces building space. • The deck provides a positive environment and play space for the children of this residence to be outside and have a safe protected play area. • The deck does not interfere or restrict any activity, freedom, or daily function that my neighbors would undertake. • The deck provides a pleasant cosmetic covering for the side of my building, two storage rooms and our garbage receptacles. This is especially beneficial to one of my neighbors who has a dining room directly facing this area. TO: ZONING COMMISSION _ 76 The owners of 1315 kavanaugh will agree to an easement to allow for the deck of 1319 to be allowed on the property and to access and maintenance of the deck. This easement will be for the lifetime of the deck. PC i 31 S (� AUGUST ,,j, 2004 ITEM NO.: C File No.: Z-7438 Owner: Mattie Irby Rhodes Address: 2809 W. 12th Street Description: Lots 4 and 5, Block 3 Worthen and Brown Addition Zoned: C-3 Variance Requested: A time extension is requested on a previously approved variance to allow a temporary gravel parking lot. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Commercial STAFF REPORT A. Public Works Issues: No Comments B. Landscape and Buffer Issues: Areas set aside for buffers and landscaping meet with ordinance requirements. This takes into account the reductions allowed within the designated mature area. A protective border, such as cross -ties, should separate gravel from areas to be landscaped. At such time that the vehicular use area is paved, required landscaping must also be installed. An approved protective border, such as the cross -ties or curb and gutter, will be required to protect landscaped areas from vehicular traffic. A water source within seventy-five (75) feet of landscape areas will also be required when the site is paved and landscaped. f AUGUST A, 2004 ITEM NO.: C (Cont.) C. Staff Analysis: The C-3 zoned property at 2809 West 12th Street is occupied by two (2) commercial buildings, one within the northwest portion of the property and one along the rear property line. Two (2) other buildings which previously existed within the east one-half of the property were recently removed. There is a new gravel parking lot within the east one-half of the property, with existing curb cuts (with concrete aprons) from West 12th Street and the alley which runs along the south property line. A portion of the southernmost building is occupied by a beauty shop. The beauty shop has existing on the site for 20 years, utilizing an existing gravel parking lot on the property immediately to the west which is owned by the owners of the convenience store at the southeast corner of West 12th and Wood Streets. The beauty shop has had an agreement with the convenience store owners to use the gravel parking area during the past 20 years. The building at the northwest corner of the property was recently converted to a sports bar and grill from a general commercial use. The conversion of the building from a retail use to a restaurant -type use requires an additional seven (7) on-site parking spaces. Therefore, the property owner purchased the lot immediately to the east and removed the two (2) buildings in order to construct a new 12 -space paved parking lot. On July 28, 2003, the Board of Adjustment granted a 12 -month deferral of the paving requirement, as found in Section 36-508 of the City's Zoning Ordinance, (to July 28, 2004) for the parking lot, subject to the following conditions: 1. Compliance with the landscape and buffer requirements as noted in paragraph B. of this report. 2. The applicant must submit plans for a building permit at least 60 days prior to and have the construction completed by the 12 - month expiration date. The applicant originally requested an 18 -month deferral, but revised the application to a 12 -month deferral as recommended by staff. The applicant is currently requesting a second deferral for 12 additional months to July 28, 2005. The applicant has noted that she is not financially able to construct the parking lot at this time. As noted previously, the area where the paved parking lot will be constructed is currently gravel. A recent inspection of the property 04, AUGUST ,,O, 2004 ITEM NO.: C (Cont, revealed that the existing gravel parking lot has been well maintained. It appears that no gravel has been pulled onto the concrete drive aprons or West12th Street. Staff does support an additional deferral of the paving requirement for the new parking lot, but staff will only support an additional deferral of 6 months. Staff feels that this will be adequate time for the applicant to work out details associated with the parking lot construction. Additionally, this will give the applicant the full 18 -month deferral as originally requested in July of 2003. The applicant should submit plans for a building permit at least 60 days prior to and have the construction completed by the 6 -month expiration date. The Public Works Department reviewed the proposed new parking lot in July, 2003. Public Works approves of the location of the driveway aprons as shown on the plan submitted, and noted that the alley right- of-way along the south property line should be capable of carrying the traffic generated by the proposed parking lot. D. Staff Recommendati Staff recommends denial of the 12 -month paving deferral, as requested. Staff does support a 6 -month deferral of the paving requirement (to January 28, 2005) subject to the following conditions: 1. Compliance with the landscape and buffer requirements as noted in paragraph B. of the staff report. 2. The applicant must submit plans for a building permit at least 60 days prior to and have the construction completed by the 6 -month expiration date. BOARD OF ADJUSTMENT: (JUNE 28, 2004) Staff informed the Board that the applicant requested to defer the application to the July 26, 2004 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the July 26, 2004 Agenda by a vote of 5 ayes and 0 nays. 3 AUGUST ou, 2004 ITEM NO.: C (Cont.) BOARD OF ADJUSTMENT: (JULY 26, 2004) The applicant was not present. Staff recommended that the application be deferred to the August 30, 2004 Agenda. A motion was made to defer the application to the August 30, 2004 Agenda. The motion passed by a vote of 3 ayes, 0 nays and 2 absent. The application was deferred. BOARD OF ADJUSTMENT: (AUGUST 30, 2004) The applicant was not present. Staff recommended the application be withdrawn, based on the fact that the applicant had failed to attend two (2) consecutive hearings. A motion was made to withdraw the application. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was withdrawn. 2 d le A (Z ^7 5-16-04 To: The Board Of Zoning For my zoning variance, I am asking for an extension on my temporary gravel parking lot form for July 28,2004 until July 28,2005. AUGUST ,)d, 2004 ITEM NO.: D File No.: Z-7687 Owner: Levelle and Sycrece Thomas Address: 6904 Azalea Drive Description: Lot 299 and part of Lots 298 and 300, Cloverdale Subdivision Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 and the building line provisions of Section 31-12 to allow a carport structure with reduced front setbacks and separations and which crosses a platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single-family residential Proposed Use of Property: Single-family residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 6905 Azalea Drive is occupied by a one- story brick and frame single family residence. There is a two -car wide concrete driveway from Azalea Drive which serves as access. The applicants recently placed a 20 foot by 20 foot metal detached carport structure within the front yard, over a portion of the driveway. The carport structure is located approximately six (6) feet back from the front property line, seven (7) feet from the side property line, and is separated from the house by approximately 6.5 feet. The carport structure is not permanently mounted, and is located almost entirely between the 25 foot front platted building line and the front property line. Section 36-156(a)(2)b. of the City's Zoning Ordinance requires a minimum six (6) foot separation between accessory buildings and AUGUST o0, 2004 ITEM NO.: D (CON'T.) principal dwellings. Section 36-156(a)(2)c. requires a minimum front setback of 60 feet for accessory buildings, and Section 36-156(a)(2)f. requires minimum side and rear setbacks of three (3) feet. Section 31- 12(c) of the City's Subdivision Ordinance requires that variances for encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicants are requesting variances to allow a reduced front setback for the carport structure and the structure's encroachment across the front platted building line. Staff does not support the requested variances. Staff feels that the front yard encroachment, as proposed, will be out of character with this single family neighborhood. When staff made an inspection of this property, a close look was taken at all of the residences along Azalea Drive to the east and west. Staff could find no other properties along Azalea Drive with encroachments similar to the one proposed. All of the residences along Azalea Drive basically line up with setbacks of at least 25 feet from front property lines. Staff feels that the proposed carport structure will have an adverse visual impact on the surrounding properties. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the front building line for the carport structure. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendations: Staff recommends denial of the requested variances for placement of the carport structure. Board of Adiustment: (July 26, 2004) Sycrece Thomas was present, representing the application. Based on the fact that only three (3) Board members were present, the Board offered a deferral to the applicant. Ms. Thomas requested to defer the application to the August 30, 2004 Agenda. A motion was made to defer the application to the August 30, 2004 Agenda. The motion passed by a vote of 3 ayes, 0 nays and 2 absent. The application was deferred. ON AUGUST ��, 2004 ITEM NO.: D (CON'T.) Board of Adiustment: (August 30, 2004) Sycrece Thomas was present, representing the application. There was one (1) person present in opposition. Staff presented the item, with a recommendation of denial. Sycrece Thomas addressed the Board in support of the application. She noted that none of the neighbors had a problem with the carport structure. She explained that the carport structure was needed to keep her vehicles out of the weather. She stated that there were other carport structures in the neighborhood. Vice -Chairman Francis noted that staff's opposition was to the reduced setback, not the type or style of the structure. He stated that he could not support the variance request. Chairman Gray asked if there were any other reasons for the carport, other than just protection of the vehicles. Ms. Thomas stated that there were no other reasons. Chairman Gray noted that he was not in support of the application. Troy Laha addressed the Board in opposition. He explained that the proposed encroachment of the carport structure was out of character with the neighborhood. There was a motion to approve the application, as filed. The motion failed by a vote of 0 ayes, 4 nays and 1 absent. The application was denied. 3 --7t,8~? May 26, 2004 To: The Board of Adjustment: This letter is in response to a courtesy notice we received from the Department of Planning & Development dated May 14, 2004. On May 4, 2004 we had a metal 20x20 detach carport placed on our front concrete driveway. Our home is located at 6904 Azalea Drive, Little Rock Arkansas. We wanted this carport to keep our cars out of the harsh weather. Most of all it helps us from getting wet when unloading groceries or other heavy objects in the rain. The carport helps as a covering until we can get an umbrella up for protection. The carport also Delp in keeping your car cooler on hot sunny days. We carefully made a decision in the type of carport we chose, because we wanted one that would compliment our home and add value to the property. We would like very much if we could keep the carport as is and not have to remove it from the driveway. The carport is not near the street and does not block the view of drivers in anyway. There is not enough space on the side of the house for it, and we cannot get a car into our back yard. Therefore, placing it anywhere else on my property would not be feasible. We are asking to be considered for a residential zoning variance or permit to keep the carport as is. Sincerely yours, Levelle Thomas Sycrece Thomas AUGUST D0, 2004 ITEM NO.: E File No.: Z-7688 Owner: Manuel and Sonia Castrillo Address: 16 Timber Lane Description: Lot 14, Stonegate Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a carport addition with reduced setbacks and which crosses a platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single-family residential Proposed Use of Property: Single-family residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 16 Timber Lane is occupied by a one-story brick and frame single family residence. There is a one -car wide concrete driveway from Timber Lane which serves as access. The applicants recently constructed an unenclosed carport structure along the front and east side of the residence. The structure (support posts) is located on the east (side) property line, with the roof overlay extending slightly (6" to 1') over the side property line. The structure is located approximately 6 to 6.5 feet back from the front property line, extending across a 25 foot front platted building line. The structure's support posts are landscape timbers, with 2"x8" lumber as support beams. There are 2"x4" cross members and a plywood roof Heavy plastic material overlays the plywood roof. All of the 2x8 support beams and 2x4 cross members are spliced together, none are AUGUST 00, 2004 ITEM NO.: E (CON'T.) continuous wood pieces. The carport structure is 20 feet wide and extends approximately 23.5 feet from the house toward the front property line. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for principal structure in R-2 zoning. Section 36-254(d)(2) requires a minimum side yard setback of 6.3 feet for this R-2 zoned lot. Additionally, Section 31-12(c ) of the City's Subdivision Ordinance requires that variances for encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicants are requesting variances to allow the carport additions with a zero (0) side setback, 6 foot to 6.5 foot front setback and the structures encroachment across the front platted building line. Staff does not support the requested variances. Staff feels that the front yard encroachment, as proposed, will be out of character with this single family neighborhood. When staff mad an inspection of this property, a close look was taken at all the residences along Timber Lane to the east and west. Staff observed no other residences along Timber Lane with encroachments similar to the one proposed. All of the structures are aligned with front setbacks of approximately 25 feet. Staff feels that the proposed carport structure will have an adverse visual impact on the surrounding properties. Additionally, staff feels that the carport structure is a potentially unsafe structure. As noted above the cross members and main support beams are spliced together and not continuous wood pieces. Staff feels that the structure could very well not hold up with strong winds or heavy snow. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the front building line for the carport addition. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendations: Staff recommends denial of the requested variances associated with the carport addition. 2 C AUGUST 0, 2004 ITEM NO.: E (CON'T.) Board of Adiustment: (July 26, 2004) The applicant was not present. Staff recommended that the application be deferred to the August 30, 2004 Agenda. A motion was made to defer the application to the August 30, 2004 Agenda. The motion passed by a vote of 3 ayes, 0 nays and 2 absent. The application was deferred. Board of Adiustment: (August 30, 2004) Manuel Castrillo and Manuel Castrillo, Jr. were present, representing the application. There were no objectors present. Staff presented the item, with a recommendation of denial. Manuel Castrillo and Manuel Castrillo, Jr. addressed the Board in support of the application. They explained that the carport structure is needed to protect their family and family vehicles. It was noted that Mrs. Castrillo had just had a baby. They explained that their vehicles needed protection from the many trees on the property and adjacent property. They noted that a permanent roof could be constructed on the carport structure. Chairman Gray noted that staff was concerned with the construction of the carport structure, and the possible safety concerns related to it. There was further discussion of the carport structure. Mr. Castrillo, Jr. noted that there was a similar carport structure in the neighborhood, along Southern Oaks Drive. Chairman Gray expressed concern with the carport structure, noting that he could not support the requested variances. He asked the applicants if a carport in the rear yard had been considered. Mr. Castrillo, Jr. stated that there was not room beside the house to drive their larger vehicles into the rear yard. This issue was briefly discussed. There was a motion to approve the application, as filed. The motion failed by a vote of 0 ayes, 4 nays and 1 absent. The application was denied. 3 June 18,2004 City Of Little Rock Planning and. Development. Here I state the following reason why we need a variance for a carport. ®For protection to or vehicles and the family from weather conditions Example (rain, snow, etc.) And falling branches. ®So the surface will not be muddy and wet. eFor security and privacy Thank you for the attention and I hope you understand why my family needs the variance for the carport. Sincerely, Manuel Castrillo AUGUST 3u, 2004 ITEM NO. File No.: Z-3371 -K Owner: Larry Crain Address: 11701 Colonel Glenn Road Description: Lot 21,1-430 — Colonel Glenn Commercial Subdivision Zoned: C-4 Variance Requested: A variance is requested from the development provisions of Section 36-302 to allow the display of vehicles within the front 20 feet of a lot. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Auto dealership under development Proposed Use of Property: Auto dealership STAFF REPORT A. Public Works Issues: 1. No comments regarding request to display automobiles. B. Landscape and Buffer Issues: The plan submitted does not satisfy the eight percent interior landscaping requirement of the landscape ordinance. An application has been made to the City Beautiful Commission seeking a variance of this requirement at the September 2, 2004 meeting. The width of the required perimeter landscape buffer along Colonel Glenn Plaza is less than the 20 -feet required by the zoning ordinance for outdoor display in a C-4 zone. An irrigation system to water landscaped areas will be required. Prior to obtaining a building permit, it will be necessary to provide landscape plans stamped with the seal of a Landscape Architect. t AUGUST 00, 2004 ITEM NO.: 1 (Cont.) C. Staff Analysis: An auto dealership (Crain Infiniti) is in the process of being developed on the C-4 zoned property at 11701 Colonel Glenn Road. The property is on the southwest corner of Colonel Glenn Road and Colonel Glenn Plaza Drive. The property is located in an area containing a mixture of office and commercial uses, with a large amount of undeveloped commercial property. The auto dealership will consist of a single building located near the center of the property, containing office, showroom and service areas. Paved parking/vehicular display will be located on the north, south and east sides of the building. There will be a small amount of parking on the west side of the building. There will be two (2) access drives from Colonel Glenn Plaza Drive and one (1) drive from Colonel Glenn Road, at the northwest corner of the property. The applicant is requesting one (1) variance with the proposed development. Vehicular display is proposed to be located 15 to 15.5 feet back from the front (east) property line. Section 36-302(b)(5) states that there shall be no open display of any kind in the first 20 feet of the required front yard setback in C-4 zoning. Therefore, the applicant is requesting a variance to allow the display of vehicles 15 to 15.5 feet from the front property line along Colonel Glenn Plaza Drive. Staff is supportive of the requested variance. Staff views the variance as relatively minor. The 15 to 15.5 foot landscape strip along the east property line will comply with the landscape and buffer ordinance requirements. Staff feels that the slight reduction in the required 20 foot front setback for vehicular display in C-4 zoning will have no adverse impact on the adjacent properties or the general area. Staff feels that after the property is developed the reduction will go virtually unnoticed. D. Staff Recommendation: Staff recommends approval of the requested variance, subject to compliance with the landscape and buffer comments noted in paragraph B. of this report. 2 AUGUST o0, 2004 ITEM NO.: 1 (C BOARD OF ADJUSTMENT: (AUGUST 30, 2004) 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. 3 06/17/2004 15:41 6211506 WHITE DATERS ® WHITE - DATERS & ASSOCIATES, INC. 24 Rahling Circle f3Little Rock, Arkansas 72223 August 17, 2004 Mr. Monte Moore City of Little Rock Neighborhoods and Planning 723 W. Markham St. Little Rock, Alt 72201 RE: Lots 21,1-430 Colone) Glean Commercial Zoning Variance Mr. Moore, PAGE 01/01 Please find attached six copies of the above referenced site plan for the proposed car dealership. The developer would like to request a variance from the required 20 ft. vehicular display along the street frontage to allow a 15 ft. vehicular display. The owner will operate an Infiniti Automobile dealership at the site. Infiniti division of Nissan North America has specific guidelines an Co the exterior appearance and function of the dealership facility, requiring the building to be a specifle width. The lot size that the owner purchased was dictated by the developer and his need to maintain a central driveway between the owner's lot and the lot to the west. As a result the narrow lot size, allowing the owner to use a 15 foot setback instead of a 20 setback will enable the owner to have a two way traffic on the Bost side of its building. This will greatly enhance the convenience and safety of rite property to its customers particularly since the dealerships main service and sales entrances face the east side of the property. A majority of the dealership's traffic will travel In the effected area. Please place this Item on the next Board of Adjustment N eeting. Do not hesitate to call if you have any questions or require additional information. Your help in this matter is greatly appreciated. Best regards, zF;7 44L Brian Dale for Chuck Harper w/ Harco Construction CIVIL ENGINE=ERING, LAND PLANNING & DEVELOPMENT. SURVEYING AUGUST 3u, 2004 ITEM NO.: 2 File No.: Z -3883-B Owner: Curtis R. and Mary Kay Sanders Revocable Trust Address: 1818 N. Taylor Street Description: Lot 1-3, Block 12, Mountain Park Addition Zoned: C-3 Variance Requested: A variance is requested from the area provisions of Section 36-301 to allow a building addition with a reduced street side setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Commercial with branch bank STAFF REPORT A. Public Works Issues: 1. Without a pass -by lane at the drive-through area, vehicles parked in the three angled parking spaces must back across the entrance drive (an un -safe maneuver) or wait in line at the motor bank. 2. There is very limited space on site for vehicles waiting at the drive- through. If blocking of the through lanes on Taylor becomes a problem, the existing driveway must be relocated to the south. B. Landscape and Buffer Issues: Since this is an existing development and there will be an increase in landscaping, no additional landscaping will be required. C. Staff Analysis: The C-3 zoned property at 1818 N. Taylor Street is occupied by a one- story brick and frame commercial building. There is a driveway from Taylor Street which serves as the principal access to the property. There is a paved parking lot on the east side of the building, between the building and Taylor Street. There is a paved alley along the west AUGUST 00, 2004 ITEM NO.: 2 (Cont.) property line running between "R" Street and Cantrell Road. The alley serves as access to the rear of the building. There is also a driveway at the northwest corner of the property from "R" Street, which previously served a drive through window on the north end of the commercial building. The applicant proposes to remove the north 28 feet of the building and construct a 31.33 foot wide canopy to serve as a drive through bank facility. The drive through would contain two (2) teller lines and one (1) ATM line. The new canopy structure would be located 4.75 feet from the north (street side) property line. The canopy structure would also be located approximately 30 feet from the west (rear) property line. The existing building is located 8 to 9 feet from the north property line and 2 feet from the west property line. As part of the redevelopment plan, the existing driveway at the northwest corner of the property will be combined with the alley access for a single driveway. Section 36-301(e)(2) of the City's Zoning Ordinance requires a minimum street side setback of 25 feet. Therefore, the applicant is requesting a variance to allow a 4.75 foot street side setback for the proposed drive through canopy. Staff is supportive of the requested variance. Staff feels that the request is reasonable, primarily based on the fact that the overall building mass is being reduced by approximately 890 square feet or nine (9) percent. Although the canopy structure will be located approximately 3.5 feet closer to the north property line, the canopy should have a lesser impact given the fact that it is an open/unenclosed structure. Staff feels that the proposed drive through bank facility will have no adverse impact on the adjacent properties or the general area. During the review process Public Works raised two (2) concerns regarding the proposed drive through bank facility. The first had to do with the three (3) parking spaces at the northeast corner of the property and the possibility of having to back out across the access drive from Taylor Street. To eliminate this concern, the applicant has agreed to designate these spaces as employee parking only. The second concern had to do with the possibility of drive through traffic blocking the entry drive from Taylor Street. Public Works noted in paragraph A. of this report that if drive through traffic blocking the driveway becomes a problem, the drive will have to be relocated to the south. 2 AUGUST ou, 2004 ITEM NO.: 2 (Cont.) D. Staff Recommendation: Staff recommends approval of the requested setback variance, subject to the following conditions: 1. Compliance with the Public Works issues as noted in paragraph A. of this report. 2. The three (3) parking spaces at the northeast corner of the property must be designated as "employee only" parking and signed appropriately. BOARD OF ADJUSTMENT: (AUGUST 30, 2004) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. Staff noted that the applicant had amended the application to provide a 26 foot wide drive at the northwest corner of the property (with the alley), and to provide a striping within this drive area to designate the vehicular lanes. 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. 3 CURTIS R. SANDERS MARY KAY SANDERS 7011 Cantrell Road Little Rock, AR 72207 July 22, 2004 Little Rock Board of Adjustment City Hall 500 W. Markham Little Rock, AR 72201 RE: Application for Zoning Variance —1818 North Taylor Dear Members of the Board: _ n - -OT-3 We are the owners of the shopping center known as Taylor Street Plaza at 1818 North Taylor in Little Rock. We have submitted the accompanying Application for Zoning Variance and related materials to you pursuant to our proposed plan for redevelopment of this property, which includes a branch bank facility offering drive-in banking services on the north end of the property closest to R Street. We are positive that although we are asking for a variance on the city's setback requirements and will not satisfy current landscaping requirements for new development, our redevelopment plan represents genuine improvement for both our property and the surrounding neighborhood in relation to both of these standards. First, as to landscaping, our redevelopment plan provides for a significant improvement in overall landscaping square footage on the property in comparison with the landscaping in place today. Second, as to the setback requirements, the plan offers a dramatic improvement on the north end of the property, on which our building is currently well out of compliance with the current setback standard. Although the plan asks for a variance, the redevelopment of this side of the property from a hard -sided building fagade into an open-air, canopied drive-in facility will result in much more open sight lines close to R Street. In addition, the length of the canopy structure paralleling R Street will be significantly less than that of the current building, further reducing the degree of intrusion into the setback area in comparison with the building as it sits today. Thank you for your consideration of our application. We respectfully request your approval of our application, and look forward to its presentation to the Board at your August 30 meeting. Yours very truly, CURTIS R. SANDERS REVOCABLE TRUST BY: _ c. Curtis R. Sanders, Trustee By: Kim Shellabarger, Attorney -In -Fact (Daughter of Curtis R. and Mary Kay Sanders) MARY KAY SANDERS REVOCABLE TRUST BY: Mary Kay Sanders, Trustee By: Kim Shellabarger, Attorney -In -Fact 2 AUGUST 30, 1004 ITEM NO.: 3 File No.: Z -5926-A Owner: Pavilion In The Park, LLC. Address: 8201 Cantrell Road Description: Southwest corner of Cantrell Road and Andover Court Zoned: C-3 Variance Requested: A variance is requested from the sign provisions of Section 36-557 to allow wall signs without public street frontage. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Commercial STAFF REPORT A. Public Works Issues: No comments. B. Staff Analysis: The C-3 zoned property at 8201 Cantrell Road is occupied by the Pavilion In The Park Commercial development. There is paved parking on all sides of the commercial building, with a main entry drive from Andover Court. There is also an access drive which ties into the office development immediately to the west. Centennial Bank is in the process of locating a banking facility within the existing commercial building. As part of the bank location, wall signs are proposed on all sides of the building. The wall signs on the north and east sides of the building will comply with ordinance standards and can be permitted. However, the proposed wall signs on the south and west building facades will require a variance. The proposed wall sign on the west side of the building will be located above the main entry doors, which are located under a covered AUGUST ,50, 2004 ITEM NO.: 3 (Cont. entrance. The sign will be non -lighted individual letters, with an overall size of 30" x 64". The sign on the south fagade will be located above the main south entry, and will replace an existing sign ("Pavilion"). The sign will also be non -lighted individual letters, with an overall size of 36" x 72". Section 36-557(a) of the City's Zoning Ordinance requires that all on - premise wall signs must face required street frontage, except in complexes where a sign without street frontage would be the only means of identification for a tenant. Therefore, the applicant is requesting a variance to allow the wall signs on the west and south facades with no public street frontage. Staff is supportive of the requested variance. Staff feels that the proposed wall signs on the west and south facades will be fairly unobtrusive. The signs will serve to identify building entrances, more so than any other purpose. As noted previously, there is paved parking on all sides of the Pavilion In The Park building. Staff feels that the proposed wall signs on the west and south building facades will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested sign variance, subject to permits being obtained for all signage. BOARD OF ADJUSTMENT: (AUGUST 30, 2004) 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. E fully 23, 22-003 ('ity ;i.rtYof At:i"!Plta t •t%y of Lit4le Rock Lithe Rack, ARR Re, Centennia! 1,15. k LUL"i14Gt2 at. 8201 R.diitiGllRd.( d.Yilllt)rl I 121G I'dtdi) We M reeYeassNny the B!?'?_rd of ,,tju CTrsSl aIhmv fZ) sets -o Clut Out iei-¢Ii:,ry O -he {g.' est and South ele-nation- as per attacilett as t. Depicting existing and proposed. Kst eleVlaion — (1) jet CA voudt. ledters 30" 64". (non lighted). South elevation — (i) set cut out le Lers 36" X 7T" (ri-on lighted) Because f 5e bra34r{ing-has X41 entrances and ;xrY ave a new bank no Gal va need as much exposure as possible. he Vt'est artd South entrances home r1V ir2irnediate street frontage t t.... ...L <L 'the lam`<.. ii.,... 1L'.. ._.. therefore we request that the City a2tSJl�+ this variance. We s`lTrety:t+c Your s:,oiiswea?t on rE' ,mHnjg this mat ter. ,- qq - KY'f gig �...��V ..... Vis. _ Ad=�ig 1 ��3Lrrall , it��. Adams Sign CompAy, Ric. 137702 Frarces Drive N. Li Wi; IC'n-•-IM-1 J ;5Z 721 3 i Q#(501) 85127NDIO 11 AUGUST 3O, 2004 ITEM NO.: 4 File No.: Z -6655-B Owner: Charles and Susie Morgan Address: 3421 Old Cantrell Road Description: Lots 1, 2, 11 and 12, Block 1, West Rock Addition Zoned: C-3 Variance Requested: A variance is requested from the area provisions of Section 36-301 to allow a new building with a reduced front setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Proposed Use of Property: Commercial STAFF REPORT A. Public Works Issues: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. Otherwise, site plan acceptable as submitted. B. Landscape and Buffer Issues: Areas set aside for buffers and landscaping meet with ordinance requirements with the reductions allowed within the designated mature area of the City. C. Little Rock Fire Department Issues: 1. Building must be built of non combustible material because of the close distance between new building and existing building on adjacent property. 2. Place fire hydrants per code. AUGUST 00, 2004 ITEM NO.: 4 (CON'T.) D. Staff Analysis: The C —3 zoned property at 3421 Old Cantrell Road is currently undeveloped and grass covered. The property is located at the southeast corner of Old Cantrell Road and Mart Drive. The property is located within an area of mixed office, commercial and residential uses. The applicant proposes to construct a one-story 4,185 square foot commercial building on the property. Paved parking (13 spaces) is proposed along the north and east sides of the building, with a single access drive from Old Cantrell Road. The building will be located 6.75 feet from the front (west) property line, 5 feet from the side (south) property line and a minimum of 27 feet from the street side (north) property line. Although the building will face Old Cantrell Road, the lots are platted east west which results in the west property line being considered the front. Section 36-301(e)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for C-3 zoned property. Therefore, the applicant is requesting a variance to allow the proposed 6.75 foot setback from the front (west) property line. All of the other setbacks conform to the minimum ordinance requirements. There are no platted building lines on this property. Additionally, the 13 parking spaces as proposed conform to the ordinance required minimum number to serve the proposed commercial building. Staff is supportive of the requested variance. Staff feels that the requested front setback is reasonable. The property has an unusual triangular shape which prohibits the proposed building from being pushed further to the east and allowing the appropriate number of parking spaces to be provided. Staff feels that the applicant has done a good job in designing a plan which fits the property's shape. Staff feels that the proposed plan represents a quality in -fill development, which should have no adverse impact on the adjacent properties or the general area. The applicant has submitted several letters of support for the project from surrounding business and property owners. These letters are attached for Board of Adjustment review. E. Staff Recommendations: Staff recommends approval of the requested setback variance, subject to the following conditions: 2 AUGUST o0, 2004 ITEM NO.: 4 (CON'T.) 1. Compliance with the Public Works requirement as noted in paragraph A. of this report. 2. Compliance with the Fire Department requirements as noted in paragraph C. of this report. BOARD OF ADJUSTMENT: (AUGUST 30, 2004) 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. 3 h art lazed —COMMERCIAL— July 22, 2004 Little Rock Board of Adjustment Mr. Fred Gray, Chairman C/o Department of Planning and Development 723 W. Markham Little Rock, AR 72201 RE: Neighborhood Retail Shops 3421 Old Cantrell Road Zoning: C-3 Lot Size: .36 Acres Building Size: 4,200 feet Parking: 14 spaces on site Dear Members: This letter spells out our request for the granting of a variance with respect to the above referenced commercially zoned site. Background: • Our plan calls for a small, neighborhood shopping center to face the curve of Old Cantrell Road. • A local pub called "Shuggs" occupied the property for years. • The site was cleared in anticipation of a retail store to be opened by the present owners of the property, Charles and Susie Morgan. • Most recently, a carwash operator explored the possibilities of the site. • There is an existing carwash immediately to the east of the subject property with an older, block building currently used for retail to the immediate south. 11500 N. Rodney Parham, Suite 15 • Little Rock, AR 72212 • Office - 501-228-3200 • Fax - 501-228-3202 • www.hartiazenby.com Variance Request: Mart Drive Setback - We request a setback variance on the west side of the property due to the irregular, "pie" shape of the lot. The lot is at its widest where it runs along Mart Drive. It curves with Old Cantrell, growing more and more narrow until it eventually becomes a point at its eastern most edge. The building will adhere to the 25' setback requirement as its fronts on Old Cantrell. We have elected to bring the building off the southern property line by approximately 5". This will provide back access to tenants, increased egress for occupants and some separation from the neighboring building. Thank you for your consideration. Sincerel odd Hart Hart Lazenby Commercial Agent for Park Hill Partners, LLC RODNEY PARHA . hartlazenby Lr'r'TL'EE'R'0'CK, AR 72212 M ROAD - COMMERCIAL - / Z` JULY 28, 2004 CITY OF LITTLE ROCK BOARD OF ADJUSTMENT DEAR SIR OR MADAM AS PROPRIETOR OF?WKA-�4 LOCATED AT/5Uf WE ARE IN SUPPORT OF THE PROPOSED RETAIL DEVELOPMENT LOCATED AT THE INTERSECTION OF MART DRIVE AND OLD CANTRELL ROAD. WE HAVE REVIEWED THE SITE PLAN AND FEEL THE DEVELOPMENT WHEN COMPLETED, WOULD BRING AN ECONOMIC ENHANCEMENT TO THE NEIGHBORHOOD. SINCERELY, ,4cz hartlazenby COMMERCIAL - JULY 28, 2004 CITY OF LITTLE ROCK BOARD OF ADJUSTMENT DEAR SIR OR MADAM: 1 1 SOO N. RODNEY PARHAM ROAD SUITE Is LITTLE ROCK, AR 72212 AS PROPRIETOR OFI6 I,gz. LOCATED AT /rd % "/ T 90, WE ARE IN SUPPORT OF THE PROPOSED RETAIL DEVELOPMENT LOCATED AT THE INTERSECTION OF MART DRIVE AND OLD CANTRELL ROAD. WE HAVE REVIEWED THE SITE PLAN AND FEEL THE DEVELOPMENT WHEN COMPLETED, WOULD BRING AN ECONOMIC ENHANCEMENT TO THE NEIGHBORHOOD. SINCERELY, �r JULY 28, 2004 500 N. a r t l a z e n b y LITTLE 15 ROCRK, AR 72212 PARHAM ROAD - COMMERCIAL - CITY OF LITTLE ROCK BOARD OF ADJUSTMENT DEAR SIR OR MADAM: �G""""C � I/ ��d�G����AR AS PROPRIETOR OF. LOCATED A , WIN SUPPORT OF THE PROPOSED RETAIL DEVELOPMENT LOCATED AT THE INTERSECTION OF MART DRIVE AND OLD CANTRELL ROAD. WE HAVE REVIEWED THE SITE PLAN AND FEEL THE DEVELOPMENT WHEN COMPLETED, WOULD BRING AN ECONOMIC ENHANCEMENT TO THE NEIGHBORHOOD. SINCERELY, hartlazenby COMMERCIAL - AUGUST 5, 2004 CITY OF LITTLE ROCK BOARD OF ADJUSTMENT DEAR SIR OR MADAM: 11500 N. RODNEY PARHAM ROAD SurrE 15 LITTLE ROCK, AR 72212 AS PROPRIETOR OF nfivww,'ILOCATED AT 341�3d14.CW, WE ARE IN SUPPORT OF THE PROPOSED RETAIL DEVELOPMENT LOCATED AT THE INTERSECTION OF MART DRIVE AND OLD CANTRELL ROAD. WE HAVE REVIEWED THE SITE PLAN AND FEEL THE DEVELOPMENT WHEN COMPLETED, WOULD BRING AN ECONOMIC ENHANCEMENT TO THE NEIGHBORHOOD. SINCERELY, `_ hartlazenby - COMMERCIAL- JULY OMMERCIAL- JULY 28, 2004 CrTY OF LITTLE ROCK BOARD OF ADJUSTMENT DEAR SIR OR MADAM: 1 1 500 N. RODNEY PARHAM ROAD SUITE 15 LmLE ROCK, AR 72212 AS PROPRIETOR OF PllAInA4V 'LOCATED AT 31'5 OLD CAHMAU-WE ARE IN SUPPORT OF THE PROPOSED RETAIL DEVELOPMENT LOCATED AT THE INTERSECTION OF MART DRIVE AND OLD CANTRELL ROAD. WE HAVE REVIEWED THE SITE PLAN AND FEEL THE DEVELOPMENT WHEN COMPLETED, WOULD BRING AN ECONOMIC ENHANCEMENT TO THE NEIGHBORHOOD. SINCERELY, h art I azen by - COMMERCIAL - AUGUST 5, 2004 CITY OF LITTLE ROCK BOARD OF ADJUSTMENT 11500 N. RODNEY PARHAM ROAD SUITE 15 LITTLE ROCK, AR 72212 DEAR SIR OR MADA,�M{�: s� - AS PROPRIETOR OFIY' CATS/ AT 97t% Qe � ARE IN SUPPORT OF THE PROPOSED RETAIL EVELOP ENT LOCATED AT THE INTERSECTION OF MART DRIVE AND OLD CANTRELL ROAD. WE HAVE REVIEWED THE SITE PLAN AND FEEL THE DEVELOPMENT WHEN COMPLETED, WOULD BRING AN ECONOMIC ENHANCEMENT TO THE NEIGHBORHOOD. SINCERELY, -- hartlazenby - COMMERCIAL - JULY 28, 2004 CITY OF LITTLE ROCK BOARD OF ADJUSTMENT 1 1500 N. RODNEY PARHAM ROAD SUITE 15 LITTLE ROCK, AR 72212 DEAR SIR OR MADAM: eq C r AS PROPRIETOR OF C) " r( LOCATED AT d C3 , WE ARE IN SUPPORT OF THE PROPOSED RETAIL DEVELOPMENT LOCATED AT THE INTERSECTION OF MART DRIVE AND OLD CANTRELL ROAD. WE HAVE REVIEWED THE SITE PLAN AND FEEL THE DEVELOPMENT WHEN COMPLETED, WOULD BRING AN ECONOMIC ENHANCEMENT TO THE NEIGHBORHOOD. SINCERELY, LmwA-,g R AUGUST ou, 2004 ITEM NO.: 5 File No.: Z -7282-A Owner: Christopher Lee Griffin Address: 2723 Walker Street Description: Northeast corner of Walker and W. 28th Streets Zoned: R-2 Variance Requested: A variance is requested from the building line provisions of Section 31-12 to allow a new home which crosses a side platted building line. 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: No comments. B. Staff Analysis: The R-2 zoned property at 2723 Walker Street is currently undeveloped and mostly grass covered. The single family lot is located at the northeast corner of Walker and W. 28th Streets. Single family residences are in the process of being constructed on the two lots immediately to the north along Walker Street. The lot at 2723 Walker Street has 25 foot front and street side platted building lines (along the west and south property lines). The applicant proposes to construct a single family residence on this lot. A two -car wide driveway from Walker Street will serve as access to a front loading garage. The proposed structure will conform to all of the Zoning Ordinance required minimum setback requirements, however, the structure will cross the 25 foot platted side building line (south) by approximately 15 to 16 feet. This will result in a street side setback of AUGUST 00, 2004 ITEM NO.: 5 (Cont.) approximately 9 to 10 feet. The Zoning Ordinance would typically require a minimum side yard setback of 6.3 feet for this 63 foot wide 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 a variance to allow the proposed residential structure to cross the 25 foot platted side building line. Staff is supportive of the requested variance. Staff feels that the request is reasonable. The 25 foot wide platted side building line in combination with a 5 foot wide easement along the north property line make this 63 foot wide lot very difficult to build on. As mentioned earlier, the proposed residence would conform to the typical Zoning Ordinance minimum side yard setback requirement of 6.3 feet. Staff feels that the development of this lot and the two lots immediately to the north represents a quality in -fill project in this neighborhood. Staff believes that granting the variance 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 side building line for the proposed single family residence. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested variance, subject to the completion of a one -lot replat reflecting the change in the side platted building line as approved by the Board. BOARD OF ADJUSTMENT: (AUGUST 30, 2004) 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. 2 l �4-;_S -2 —'7Z� L ' Griffin Construction * 1914 Calgary Trail * Little Rock * AR * 72211* 501-351-3378 July 9, 2004 Board of Adjustments Pulaski County Planning & Development Department 501 W Markham Little Rock, AR 72201 To Whom It May Concern: I am writing to request a variance the building line on the property located at 2723 Walker Street, Little Rock, Arkansas, 72204. The lot is large enough, however, the building line needs moving to allow for building a home on this site. Please let me know if you need any additional information. Respectfully submitted, ChristoVp-hverJL. riffin, President Griffin Construction AUGUST 3u, 1004 ITEM NO.: 6 File No.: Owner: Address: Description Zoned: Z-7702 Diane and Fletcher Lord, Jr. 2214 Country Club Lane Lots 5 and 6, Block 11, Country Club Heights Addition 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 Residence Proposed Use of Property: Single Family Residence STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 2214 Country Club Lane is occupied by a two-story brick and frame single family residence. There is a one -car wide concrete driveway from Country Club Lane along the south side of the residence. There is a one-story frame garage/storage accessory structure at the northwest corner of the property which the applicant has noted will be repaved or reconstructed. The applicants propose to construct a one-story room and garage addition at the southwest corner of the residence. The garage structure will be located 8.3 feet from the south (side) property line and 13.5 feet from the west (rear) property line, which is the centerline of an abandoned alley. The existing concrete drive will be used to access the proposed garage structure. AUGUST 00, 2004 ITEM NO.: 6 (CON'T.) Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side yard setback of 8 feet for this R-2 zoned lot. Section 36- 254(d)(3) requires a minimum rear yard setback of 25 feet. Therefore, the applicants are requesting a variance to allow the reduced rear yard setback (13.5 feet). Staff is supportive of the requested variance. Staff feels that the requested reduced rear yard setback is reasonable and will not be out of character with other properties in this neighborhood. The applicant has designed the garage addition to preserve a nature tree and provide adequate maneuvering area for access to the garage. C. Staff Recommendations: Staff recommends approval of the requested rear yard setback variance, as filed. BOARD OF ADJUSTMENT: (AUGUST 30, 2004) 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. 2 Z— —7 7c -L- July 19, 2004 City of Little Rock Department of Planning and Development 723 West Markham Little Rock, Arkansas 72201-1334 To Whom It May Concern: We are applying for a zoning variance to build an attached garage for our home at 2214 Country Club Lane. To locate the addition as far away from a huge tree as possible, the garage is designed with a straight entry from the street. However to have enough entry and exit space, the garage will be closer to the rear and side property line than zoning requirements. We feel it is important to save the tree and want to build the garage as far as possible from it. For that reason, we are applying for a zoning variance. Thank you, ,o 1 Diane and Fletcher Lord, Jr. AUGUST A 2004 ITEM NO.: 7 File No.: Z-7703 Owner: CGAH, LLC. Address: 1910 Country Club Lane Description: Lot 3 and part of Lot 2, Elno Walker Replat Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254. The easement provisions of 36-11, and the building line provisions of Section 31-12 to allow a deck addition with a reduced rear yard setback and which crosses a platted side building line, and extends into a utility easement. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single family residence Proposed Use of Property: Single family residence STAFF REPORT A. Public Works Issues: 1. A drainage ditch is located in the existing easement. If any additional encroachment is approved, construction must be done in a manner that does not obstruct flow or harm adjacent properties. B. Staff Analysis: The R-2 zoned property at 1910 Country Club Lane is occupied by a split level stucco and from single family residence. There is a paved driveway from the south end of Country Club Lane. The property slopes downward from front to back, with a creek along the rear property line. There is a swimming pool/deck structure on the rear of the house which is located 20+ feet above the grade of the creek. The applicant proposes to construct an upper and lower deck addition at the northwest corner of the home, which is along the north end of the swimming pool/deck structure. The proposed deck structure would five (5) feet from the rear property line, extending five (5) feet into a utility 1 AUGUST ou, 2004 ITEM NO.: 7 (Cont.) easement. The deck addition would also extend across a side platted building line which is located along the north property line. The deck will have a side setback of eight (8) feet. A building addition was constructed along the north side of the house in 1998 and extends across the side platted building line, with an eight (8) foot side setback as is proposed for the deck structure. Section 31-12( c) of the City's Subdivision Ordinance requires that variances for encroachments across platted building lines also be reviewed and approved by the Board. Therefore, the applicant is requesting variances to allow the proposed deck structure with a five (5) foot rear setback and to allow it to encroach into an easement and across a platted building line. Staff is supportive of the requested variances. Staff views the request as reasonable. Given the width of the creek area along the rear property line, the proposed deck structure should have more than adequate separation from the residences on the opposite side of the creek. The proposed deck structure will be located no closer to the rear property line than the existing pool/deck structure, and no closer to the north (side) property line than the room addition which was constructed in 1998. All of the public utility companies have submitted letters approving the proposed deck addition. Additionally, the Public Works Department has noted that the deck addition must be constructed in a manner as to not obstruct the floor of the creek/drainage area along the rear property line. Staff feels that the proposed deck addition will have no adverse impact on the adjacent properties or the general area. C. Staff Analysis: Staff recommends approval of the requested variances, subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the side platted building line as approved by the Board. 2. Compliance with the Public Works requirement as noted in paragraph A. of this report. 3. The deck structure must remain uncovered and unenclosed. 2 f AUGUST A 2004 ITEM NO.: 7 (Cont.) BOARD OF ADJUSTMENT: (AUGUST 30, 2004) 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. 3 CR® LL . ARCHITECTS ENGINEERS 7 3---- --7 -703 (2-,p e ) July 15, 2004 Department of Planning Board of Adjustment City of Little Rock, AR 723 W. Markham Little Rock, AR 72201 Attn: Mr. Dana Carney Re: Board Of Adjustment Application 1910 Country Club Lane A/E Project No. 2004-072 Dear Mr. Carney: Please accept this letter and the enclosed Survey as a request for a variance to construct a deck in the side and rear yard setback area at 1910 Country Club Lane, Little Rock, AR 72207. Enclosed are six (6) copies of the survey indicating the proposed deck construction and a check in the amount of $80.00 for the filing fee. You will note from the survey that equal encroachments into these setbacks have existed, since approximately 1987, for a deck on the west side and, since 1998, for a building addition on the north side. The proposed deck does not extend into the setback area any further than the existing structures extend, which amounts to a setback of 5 feet on the west property line and a setback of 8 feet on the north property line. The terrain is very steep, so it is impossible to comply with the zoning ordinance by building decks on -grade. The lower deck extension will have to be approximately 15 feet above the ground on the west side and the upper deck extension will be approximately 24 feet above the ground. The foundation columns for the west side will be set back 11 feet from the property line, so as not to be in the building set -back area; the deck will cantilever out so that the railing edge of the deck will be 5 feet from the property line. On the north side, the deck edge and columns will be set 8 feet from the property line, which is the normal side yard setback under the City Ordinance (but since it is inside the 15 foot platted building setback line, a variance is required). CROMWELL ARCHITECTS ENGINEERS 101 S. SPRING STREET LITTLE ROCK, ARKANSAS 72201-2490 (501) 372-2900 FAX (501) 372-0482 Mr. Dana Carney July 15, 2004 Page 2 Since there are existing deck structures and buildings already built to the lines of requested setbacks, the neighboring houses should not be affected visually any more than the existing decks and house structure currently present. The Owner plans to install tall landscaping between the new decks and the property lines to disguise them from the neighbor's view. We respectfully request your approval of this variance. Thank you. Sincerely, Eugene P. Levy Agent for the Owner & Nancy Stephens EPL/Ir Enclosures AUGUST 3O, 2004 ITEM NO.: File No.: Z-7704 Owner: Bernard Douglas Stokes Address: 14107 Belle Pointe Drive Description: Lot 27R, Belle Pointe Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a new home with a reduced side setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Proposed Use of Property: Single-family residence STAFF REPORT A. Public Works Issues: 1. The driveway should not be closer than five feet from the property boundary B. Staff Analysis: The R-2 zoned property at 14107 Belle Pointe Drive is currently undeveloped and mostly grass covered. The front portion of the lot is slightly above the grade of Belle Point Drive, with the property sloping downward from front to back. Belle Pointe Drive is located along a ridge, which overlooks The Villages of Wellington subdivision to the southwest. The applicant proposes to construct a single family residence on the lot. The residential structure will be located behind a 35 foot front platted building line, with side yard setbacks of five (5) feet (south) and 23 feet (north). The proposed house will contain a side loading garage accessed by a two -car wide driveway from Belle Point Drive at the northeast corner of the property. AUGUST �50, 2004 ITEM NO.: 8 (Cont.) Section 36-254(d)(21) of the City's Zoning Ordinance requires a minimum side yard setback of eight (8) feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the requested five (5) foot side yard setback from the south side property line. Staff is supportive of the requested variance. Staff views the request as reasonable. Although there is sufficient lot width to provide eight (8) foot side setbacks, the applicant is trying to provide adequate maneuvering area for the side loading garage at the north end of the proposed structure. Additionally, there is very severe slope within the rear portion of the lot and a 35 foot front platted building line which make the amount of buildable area very limited. Staff feels that the requested five (5) foot side setback will provide adequate separation between this proposed home and the one immediately to the south, and should have no adverse impact on the adjacent properties or the general area. C. Staff Recommendations: Staff recommends approval of the requested side setback variance, subject to compliance with the Public Works requirement as noted in paragraph A. of this report. BOARD OF ADJUSTMENT: (AUGUST 30, 2004) Staff informed the Board that the applicant requested to withdraw the application. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn by a vote of 4 ayes, 0 nays and 1 absent. 2 July 23, 2004 7 % 0 To Whom It May Concern: We the applicants are requesting a variance in the minimum setback requirements for the proposed home at 14107 Belle Pointe Drive. Our builder and our landscape architect have advised us that the plans as drawn do not allow an adequate turning radius into the side -loading garage. They recommend a turning radius of at least 24 feet into the first set of garage doors. The current plan allows for the maximum amount of square footage to be positioned on top of the lot, as the lot is severely sloped. We are requesting that the house be moved to the left a minimum of 5 feet. The variance should not affect the right lot line. Thank you for your time and consideration. Sincerely, 1 Bernard Douglas Stokes Sarah Moore Stokes 124 Montpellier Drive Maumelle, AR 72113 (501) 803-4747 AUGUST 30, z004 ITEM NO.: 9 File No.: Z-7705 Owner: Amy Pierce Address: 18 Windrush Point Description: Lot 75, Block 2, Woodland's Edge Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36- 254 to allow a deck addition with a reduced rear yard setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single-family residence under construction Proposed Use of Property STAFF REPORT Single-family residence A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 18 Windrush Point contains a single family residence which is currently under construction. The property slopes slightly downward from front to back. The lot backs up to a platted "green belt", containing a creek. The Cherry Creek Subdivision is located on the north side of the "green belt". As part of the new home construction, the applicant proposes to construct a 10 foot wide deck on the rear of the residence. The deck will be located 8.5 to 18 feet from the rear property line, and will be 10 to 11 feet above grade. The applicant has noted that the deck will be uncovered and unenclosed. 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. As noted, the proposed deck structure will be 8.5 to 18 feet from the rear property line. Therefore, the applicant is requesting a variance from this ordinance requirement. AUGUST 30, 4004 ITEM NO.: 9 (Cont.) Staff is supportive of the requested variance. Staff views the variance as minor in nature. Given the fact that there is a platted "green belt" along the rear property line and the fact that the deck will be uncovered and unenclosed, staff feels that the requested reduced rear yard setback is reasonable. Additionally, the applicant submitted a letter from the subdivision developer, Rocket Properties, supporting the proposed deck structure. Staff feels that the requested reduced rear yard setback will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendations: Staff recommends approval of the requested rear yard setback variance, subject to the deck structure remaining uncovered and unenclosed. BOARD OF ADJUSTMENT: (AUGUST 30, 2004) 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. 2 --77o5 BLAN-CO FABRICATORS 6155 Getty Drive Sherwood, AR 72117 501-834-7498 Fax: 501-834-6044 July 23, 2004 Mr. Monty Moore Department of Planning & Development City of Little Rock 723 West Markham Street Little Rock, Arkansas 72201 Re: Lot 75, Block 2 Woodlands Edge # 18 Windrush Point Dear Mr. Moore: Blan-Co. Fabricators is requesting a residential zoning variance on the above listed property. For reason of excessive slope starting around the left middle of lot going back to left rear corner. Also, with the knowledge of the adjoining greenspace across rear of said lot. Please consider all above factors while making your decision. Thank you for you consideration. Sincerely, : A • FABRICATORS I l --7---) o s July 14, 2004 ROCKET PROPERTIES, LLC 8332 Windsor Valley Drive North Little Rock, Arkansas 72116 501-835-2878 • Fag: 501-834-0268 Mr. Tony Bozynski, Director Department of Planning & Development City of Little Rock 723 West Markham Street Little Rock, Arkansas 72201 Re: Lot 75, Block 2 Woodlands Edge # 18 Windrush Point Dear Tony: We have reviewed the proposed site plan and survey for Lot 75, Block 2 Woodlands Edge and are aware of the proposed deck on the rear of the home which intrudes approximately twelve feet (12') into the rear setback. We have no problem with this intrusion into the setback because of the adjoining greenspace. Please let us know if you have additional questions. PROPERTIES, LLC Ronald C. Tyne cc: Mike & Jodee Stotts, CACC, Inc. 0 1j r I A W / LJ. � > l 0 {.1..1 1 1 1 1.'7.' in Q / OL� < CO 1 W LL. W mz U LL >-EE0 (/j w M � Z UO LL m C� l (D c 0 Q z m H z LU U) M Q w Q z 49V r O WS G 111 ..I0 Iry Z QCo W W r wLLI I..I0 Q Q z C z '�^_ � x ry 0 � Z Q -:E m I— U- mcg=� August 30, 2004 There being no further business before the Board, the meeting was adjourned at 3:03 p.m. Date: '