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HomeMy WebLinkAboutboa_07 31 2017LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES JULY 31, 2017 2:00 P.M. Roll Call and Finding of a Quorum A Quorum was present being three (3) in number. Approval of the Minutes of the Previous Meetings The Minutes of the June 30, 2017 meeting were approved. Members Present Members Absent Carolyn Lindsey Polk Jeff Yates, Chairman Robert Tucker, Vice Chairman Frank Allison Christopher Smith City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA JULY 31, 2017 2:00 P.M. OLD BUSINESS: A. Z- 7945 -B 4910 Kavanaugh Blvd. NEW BUSINESS: 1. Z -669 -D 322 E. 4th Street 2. Z- 7633 -A 2020 N. Spruce Street 3. Z- 9160 -B 10800 Bass Pro Parkway 4. Z -9239 1730 Lilac Circle 5. Z -9240 13701 Woodbrook Drive 6. Z -9241 5702 Scenic Drive 7. Z -9242 2815 Canrell Road 8. Z -9243 802 W. 15th Street JULY 31, 2017 ITEM NO.: A File No.: Owner: Applicant: Address: Description: Zoned: Z- 7945 -B Lyto, Inc. Tami C. Threet 4910 Kavanaugh Blvd. East side of Kavanaugh Blvd., North of Cantrell Road C -3 Variance Requested: A variance is requested from the parking provisions of Section 36 -502 to allow an outdoor dining area for a restaurant with a reduced number of parking spaces. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Commercial and Restaurant STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The C -3 zoned property at 4910 Kavanaugh Blvd. is occupied by two (2) one -story commercial buildings. There is paved parking between the two (2) buildings as well as along the north, east and west sides of the northernmost building. There is a total of 41 parking spaces on the site. There are two (2) paved driveways from Kavanaugh Blvd., which serve as access. On May 23, 2016 the Board of Adjustment approved a parking variance to allow 3,750 square feet of the southernmost building as a restaurant use. The restaurant is to be open from 4:30 P.M. to 12:30 A.M., seven (7) days a week. Most of the other uses within these two buildings will not be open during these times. With the addition of the restaurant use, Section 36- 502(b)(3)c. of the City's Zoning Ordinance requires a minimum of 56 parking spaces for the two (2) buildings combined. There is a total of 10,000 square feet for the two (2) buildings. JULY 31, 2017 ITEM NO.: A (CON'T.) Z- 7945 -B The parking variance was approved with the following conditions: 1. A maximum of 3,750 square feet of the two (2) existing buildings may be utilized as a restaurant use. 2. The hours of operation for the restaurant use are limited to the evening hours after 4:30 P.M. The applicant is requesting to amend the previously approved application by adding a 12 foot by 34 foot (408 square feet) outdoor dining area at the southwest corner of the southernmost building, along Kavanaugh Blvd. The outdoor dining area will add 24 additional seats to the restaurant use. The outdoor dining area will be set back 3.7 feet from the front (west) property line. The outdoor dining area will be enclosed with a short fence. The addition of the outdoor dining area brings the off - street parking requirement to 41 spaces for the restaurant use and 60 spaces for the overall site (restaurant and other uses). Staff continues to be supportive of the requested amended parking variance. Staff feels the variance request is reasonable, given the fact that 41 parking spaces currently exist on the site. The restaurant use alone requires 41 parking spaces. If the other uses on the property are closed a majority of the time when the restaurant is in operation, parking will not be an issue. Staff believes a slight overlap in the hours of operation will also create no parking issues. There is also some additional on- street parking to the north along Kavanaugh Blvd., and Van Buren Street. Staff believes the use of a portion of the southernmost building as a restaurant with outdoor dining with the existing parking arrangement will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested amended parking variance, subject to the following conditions: 1. A maximum of 3,750 square feet of the two (2) existing buildings may be utilized as a restaurant use (with 408 square feet of outdoor dining space). 2. The hours of operation for the restaurant use are limited to the evening hours after 4:30 P.M. BOARD OF ADJUSTMENT (December 12, 2016) Staff informed the Board that the application needed to be deferred to the February 27, 2017 agenda to allow the objectors an opportunity to pursue an appeal/interpretation of Section 36- 298(8)e. of the City's Zoning Ordinance. Staff noted that this issue as raised by the objectors needed to be resolved prior to the parking variance being addressed. JULY 31, 2017 ITEM NO.: A (CON'T.) Z- 7945 -B The item was placed on the consent agenda and deferred to the February 27, 2017 agenda by the vote of 4 ayes, 0 noes and 1 absent. BOARD OF ADJUSTMENT (February 27, 2017) Staff informed the Board that the applicant submitted a letter on February 23, 2017 requesting the application be deferred to the March 27, 2017 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred by a vote of 5 ayes, 0 noes and 0 absent. BOARD OF ADJUSTMENT (March 27, 2017) Staff informed the Board that the applicant submitted a letter on March 27, 2017 requesting the application be deferred to the April 24, 2017 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred by a vote of 3 ayes, 0 noes and 2 absent. BOARD OF ADJUSTMENT (April 24, 2017) Tami Threet and Jacqueline Pittman were present, representing the application. There were three (3) objectors present. Staff presented the application with a recommendation of approval. Tami Threet addressed the Board in support of the application. She briefly discussed the proposed parking variance. She noted that the restaurant had an agreement with the bank immediately to the south (corner of Kavanaugh Blvd. and Cantrell Road) to use their parking lot. Chairman Yates asked about the total parking spaces on the property. Staff noted where the 41 parking spaces were located. Patrick Ruettiger addressed the Board in opposition. He noted that undue hardship with respect to the parking variance does not exist and explained. He quoted Arkansas law regarding undue hardship. He also quoted Black's Law Dictionary. He explained that the variance was not needed for the restaurant to carry out business activity. Alex Rogers spoke in opposition. He stated that he had letters of opposition from neighbors. JULY 31, 2017 ITEM NO.: A (CON'T.) Z- 7945 -B Jennifer Rogers also spoke in opposition. She noted that people currently park across Kavanaugh Blvd. from the commercial property. She explained that deliveries to the restaurant were being made in the right -of -way. Ms. Threet explained that parking in this general area has always been a challenge. She noted that the existing restaurant was previously located approximately one (1) block to the north. She further explained that parking counts made during peak restaurant hours indicated that adequate parking exists on the site to accommodate the extra dining space (outdoor dining area). Vice -Chair Tucker asked where the restaurant staff parks. Jacqueline Pittman noted that some employees park behind the Kavanaugh Pharmacy building and some use public transportation. Christopher Smith asked about the delivery truck issue as raised by Mrs. Rogers. Ms. Threet noted that the issue would be addressed. Mr. Reuttiger reiterated that there was no undue hardship. There was a brief discussion regarding hardship. Staff noted that two (2) court cases regarding parking variances for restaurants were decided in the restaurants' favor, and that the cases were similar in nature to the subject application. Chairman Yates made comments related to the proposed parking variance and the issues faced by the residents on the west side of Kavanaugh Blvd. He indicated support of staff's recommendation of approval. There was a motion to approve the application as recommended by staff. The vote was 2 ayes, 2 nays and 1 absent. The application was automatically deferred to the May 22, 2017 agenda due to a lack of three (3) votes for or against the application. BOARD OF ADJUSTMENT (May 22, 2017) Staff informed the Board that the applicant submitted a letter on May 8, 2017 requesting the application be deferred to the July 31, 2017 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred by a vote of 3 ayes, 0 noes and 2 absent. JULY 31, 2017 ITEM NO.: A (CON'Tj Z- 7945 -B BOARD OF ADJUSTMENT (July 31, 2017) Staff informed the Board that on July 31, 2017 the applicant submitted a letter to staff requesting the application be deferred to the August 28, 2017 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the August 28, 2017 agenda by a vote of 3 ayes, 0 noes and 2 absent. LAX •VAUGHAN LAX, VAUGHAN, FORTSON, ROWE & THREET, P.A. TAtvu C. Tt REET tthreet@laxvaughan.com Via Hand - Delivery ATTORNEYS AND COUNSELORS CANTRELL WEST BUILDING 11300 CANTRELL ROAD, SUITE 201 LITTLE ROCK, ARKANSAS 72212 TELEPHONE (501) 376 -6565 FACSIMILE (501) 376 -6666 October 27, 2016 Mr. Monte Moore Department of Planning and Development 723 W. Markham St. Little Rock, AR 72201 Re: 4910 Kavanaugh Blvd. (the "Property ") Dear Mr. Moore: / :�- C Qrectl,ine (501) 907 -5447 Our firm represents the Pizzeria, the tenant of the above - referenced Property. On May 25, 2016, the Pizzeria was granted a conditional parking variance for the Property. The Pizzeria would like to amend its original application to include an outdoor seating area of 24 additional seats for the restaurant. In that regard, enclosed please find the following documents requesting an amended zoning variance for the above - referenced Property: Amended Application For Zoning Variance; 2. Copy of the Department of Planning and Development's approval of the Property's application dated May 25, 2016; 3. Six (6) copies of a current survey and site plan showing proposed and existing improvements for the Property; 4. Check in the amount of $205.00 for the filing of this application; and 5. Affidavit authorizing me to sign the application on behalf of Thomas Samuel of Lyto, Inc., the owner of the Property. Also enclosed is a draft Notice of Public Hearing which we respectfully ask that you review for accuracy before we circulate to the neighboring property owners. It is our understanding that we can use the prior list of property owners within 200 feet of the Property supplied by Beach Abstract & Guaranty Company, as it is dated April 28, 2016. Consistent with our original application, we are requesting the zoning variance for a 3,750 square foot portion of the southernmost part of the building, containing approximately 4,100 square feet, more or less, for evening restaurant use only. The restaurant will be in Mr. Monte Moore October 27, 2016 Page 2 operation seven (7) days a week from 4:30 p.m. to 12:30 a.m. Based on our understanding, the Property currently has 41 parking spaces and two (2) paved driveways which serve as access to the Property. If you have any questions or need further information, please do not hesitate to contact my paralegal, Megan, or me at the number above. We sincerely appreciate your assistance in this matter. Sincerely, Tami C. Threet TCT /mh Enclosures cc: Ms. Jacquelyn C. Pittman (via email) Mr. Thomas Samuel (via email) JULY 31, 2017 ITEM NO.: 1 File No.: Z -669 -D Owner: Pinnacle Hotel Group Applicant: Michael Clifford, Winford Lindsey Architect Address: 322 E. 4th Street Description: Northwest corner of E. 41h and Rock Streets Zoned: UU Variance Requested: A variance is requested from the sign provisions of Section 36 -557 to allow a sign with no street frontage. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Hotel Proposed Use of Property: Hotel STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The UU zoned property at 322 E. 4th Street is occupied by a multi -story hotel building which is under construction and nearing completion. The property is located at the northwest corner of E. 4th and Rock Streets. A paved alley is located along the west property line. Paved parking will be located on the west side of the alley. On May 8, 2015 the Board of Adjustment approved variances from the UU development standards for the hotel construction. The Board of Adjustment approved a height variance (77.75 feet) for a portion of the structure and a variance for reduced window display for a portion of the first floor fagade along Rock Street. On February 27, 2017 the Board of Adjustment approved a variance for a projecting sign on the south fagade of the building (E. 4th Street frontage). The variance was approved for increased sign area for the projecting sign. As part of the hotel project, the applicant is now proposing to install a wall sign on the north building fagade, as noted on the attached sketches. The proposed wall sign is approximately 120 square feet in area. The sign is proposed to be located on the north fagade, at the 6th floor level. JULY 31, 2017 ITEM NO.: 1 (CON'T.) Z -669 -D Section 36- 557(a) of the City's Zoning Ordinance requires that all on- premise wall signs face required street frontage. Therefore, the applicant is requesting a variance from this ordinance requirement to allow the proposed wall sign to be located on the north building fapade, without direct street frontage. Staff does not support the requested variance to allow a wall sign without direct street frontage. Staff does not believe there is adequate justification for the sign. The existing hotel building /property has three (3) street frontages (E. 4t" Street, Rock Street and Cumberland Street). A large amount of wall signage is allowed on these three (3) building facades. Staff feels that wall signage on the three (3) street fronting building facades should be adequate to identify the building to vehicular traffic in this general area, and that no wall signage is needed on the building's north facade. C. Staff Recommendation: Staff recommends denial of the requested variance to allow a wall sign without direct street frontage. BOARD OF ADJUSTMENT (July 31, 2017) Quenton May and Ross Patel were present, representing the application. There were several persons present in opposition. Staff presented the item with a recommendation of denial. Quenton May addressed the Board and requested deferral of the application to the August 28, 2017 agenda, based on the fact that only three (3) Board members were present. A motion was made to defer the application to the August 28, 2017 agenda. The motion passed by a vote of 3 ayes, 0 noes and 2 absent. The application was deferred. Vvn`oF6Rt�.:... l ND,"Ay ., ..+n6lCho r EC7I Date: May 24, 2017 City of Little Rock Department of Planning and Development Board of Adjustments 723 West Markham Little Rock, Arkansas To whom it may concern We are requesting a sign variance of the Little Rock Code of Ordinance on behalf of Pinnacle Hotel Group. An enclosure wall was removed on the adjacent north property line as a show of good faith. This is for the new construction of the Hilton Garden Inn at 322 East 4th Street. The owner would like to provide a sign on a non - street frontage property line (Sec. 36- 557.a). We feel that the proposed sign would allow for marketing and direction from the Interstate (refer to photos). The owner of the adjacent property has received this as acceptable. If there are any questions, please feel free to contact me at your convience. Thank you for your assistance with this project. R. Kenji Tillman, R.A. Project Manager 770 - 963 -8989 x5761 770 - 407 -5761 dir 770 - 407 -5817 fax JULY 31, 2017 ITEM NO.: 2 File No.: Owner: Applicant: Address: Description: Zoned: Variance Requested Justification: Z- 7633 -A Anna Harper Ellen Yeary 2020 N. Spruce Street Part of Lots 8 -10, Block 1, Country Club Heights Addition R -2 A variance is requested from the fence provisions of Section 36 -516 to allow a fence which exceeds the maximum height allowed. 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: The proposed masonry-wood fence cannot extend into the Stonewall road right -of -way and utility easement. Staff can recommend approval of the reconstruction of the wood fence without masonry material replacing the existing damaged fence exceeding the maximum height within the Stonewall Road right -of -way and utility easement. The Stonewall Road right -of -way and utility easement is the stormwater overflow path if the existing drainage system becomes obstructed. B. Staff Analysis: The R -2 zoned property located at 2020 N. Spruce Street is occupied by a one -story brick and frame single family residence. The property is located on the west side of N. Spruce Street, at Stonewall Road. A rock driveway is located at the northeast corner of the residential lot. The driveway extends along the north side of the house to the rear yard area. An unenclosed carport is located at the northwest corner of the residence. Six (6) foot high wood fencing is located along the north and south side property lines. A six (6) foot high wood fence which existed along the rear (west) property line was recently damaged by a flood. On July 26, 2004 the Board of Adjustment approved setback and easement variances for additions to the rear (west) of the residential structure. JULY 31, 2017 ITEM NO.: 2 (CON'T.) Z- 7633 -A The applicant is requesting to replace the wood fence located along the rear (west) property line which was recently damaged by a flood. The proposed fence will be wood construction with a masonry base and columns from the southwest corner of the property to the northwest corner of the lot. A solid wood section will extend from the northwest corner of the property into the old Stonewall Road right -of -way (previously abandoned). The wood /masonry fence will range in height from 8 feet - 5 inches at the southwest corner of the lot to nine (9) feet at the northwest corner of the property. The solid wood section extending north from the northwest corner of the property will have a height of nine (9) feet. Section 36- 516(e)(1)a. of the City's Zoning Ordinance allow a maximum fence height of six (6) feet for the proposed fence. Therefore, the applicant is requesting a variance to allow a fence ranging in height from 8 feet -5 inches to nine (9) feet. Staff does not support the fence height variance as requested. Staff does not feel that the overall height requested is justified. Staff quite regularly supports fence height variances to eight (8) feet in height in residential areas. Staff does not feel that the proposed fence ranging in height from 8 feet -5 inches to nine (9) feet is a reasonable trade -off for the six (6) foot high wood fence which existed. The proposed fence extends into the front yard area of the residence immediately to the west. The taller fence could have a negative visual impact on this next door property. Staff could support the fence height variance if the fence had a height not exceeding eight (8) feet at any point. Otherwise, staff believes the proposed fence height is unreasonable. C. Staff Recommendation: Staff recommends denial of the requested fence height variance, as filed. BOARD OF ADJUSTMENT (July 31, 2017) Staff informed the Board that on July 24, 2017 the applicant submitted a letter to staff requesting the application be deferred to the August 28, 2017 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the August 28, 2017 agenda by a vote of 3 ayes, 0 noes and 2 absent. Yeary Lindsey Architects June 26, 2017 Mr. Monte Moore Department of Planning and Development 723 West Markham Little Rock, AR 72201 Dear Monte, We are writing to request a variance to the height regulations for a residential fence for 2020 N. Spruce Street. This fence will be located along the west property line. Our client is asking for a height variance that would allow her new fence to align at the top with her neighbor's fence to the south. This fence, located at the southwest corner of 2020 N. Spruce is presently 8' -2 '/2" high from grade with posts extending to 8' -10 '/2" high. We are asking that we be able to continue horizontally with this same fence line across the entirety of the west property line. The adjacent fence to the south is on higher ground and thus would necessitate that our fence would vary in height from the ground from 8'- 2 '/2" to possibly 10' ( + / -) depending on the slope of the ground below. Because recent flooding from a nearby disconnected storm drain took out our client's wood fence and flooded their house, our client proposes to build a masonry base approximately 30" high (ranging in height per topography) with intermittent masonry (stone or brick) piers approximately 10 to 12' apart and no larger than 24" square with wood fence infill. This will increase privacy for our client and also add uniformity to the view from the new home being constructed to the west. Thank you for your careful consideration of this request. Please feel free to call me with any questions you may have. 3416 Old Cantrell Road Litde Rock, Arkansas 72202 501- 372 -5940 Fag: 501- 663 -0043 JULY 31, 2017 ITEM NO.: 3 File No.: Owner: Applicant: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: Z- 9160 -B Otter Grove Plaza, LLC Ronny Skipper, Seiz Sign Company 10800 Bass Pro Parkway North side of Bass Pro Parkway, at Gateway Grove Loop C -4 A variance is requested from the sign provisions of Section 36 -557 to allow a wall sign without direct street frontage. The applicant's justification is presented in an attached letter. Commercial Commercial The C -4 zoned property located at 10800 Bass Pro Parkway is occupied by a one - story commercial building which was recently constructed. The property is located at the corner of Bass Pro Parkway and Gateway Grove Loop. The commercial building is located within the front half of the lot and has paved parking in the front (south) and rear (north) of the building. The majority of the parking will be located at the rear of the building. Access drives will be located along the western (Gateway Grove Loop) and southern (Bass Pro Parkway) property lines. The commercial building will house three (3) tenants. The tenant within the center portion of the commercial building (Gateway Nails & Spa) is requesting to install a wall sign on the rear of the building in addition to wall signage on the front facade. The proposed wall sign on the rear of the building will be approximately 32 square feet in area. The portion of the rear fagade occupied by the business will be 18 feet by approximately 40 feet (720 square feet). Pie Five Pizza restaurant occupies the easternmost portion of the building, and Taziki's restaurant occupies the westernmost third of the building. On December 12, 2016 the Board of Adjustment approved variances to allow both restaurants to have wall signage on the rear fagade of the building. The variances were approved JULY 31 2017 ITEM NO.: 3 (CON'T.) Z- 9160 -B subject to the signage not exceeding ten (10) percent of the fagade area occupied by each restaurant. Additionally, the property owner agreed not to install the allowed ground - mounted sign along the Gateway Grove Loop frontage in exchange for the wall signs on the rear building fagade. Section 36- 557(a) of the City's Zoning Ordinance requires that all on- premise wall signs be located on building sides which have street frontage. Therefore, the applicant is requesting a variance from this ordinance requirement to allow the wall sign on the rear (northern) fagade which has no street frontage. Staff is supportive of the requested variance to allow signage without street frontage. Staff views the request as reasonable. Staff believes the proposed "trade -off" by not installing a ground- mounted sign along the Gateway Grove Loop frontage in exchange for the wall signage on the rear building fagade is reasonable. The proposed wall sign for Gateway Nails & Spa on the rear fagade does not exceed ten (10) percent of the fagade area occupied by the business. Staff believes the proposed sign without street frontage will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested variance to allow wall signage without street frontage, subject to the following conditions: 1. There will be no ground- mounted signage installed along the Gateway Grove Loop frontage of the property. 2. Wall signage for the Gateway Nails & Spa occupancy on the rear building fagade must not exceed ten (10) percent of the fagade area occupied by the business. BOARD OF ADJUSTMENT (July 31, 2017) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by a vote of 3 ayes, 0 noes and 2 absent. I 1231 Central Avenue Hot Springs, AR 71901 SEIZ SIGN COMPANY www.seizsigns.com June 27, 2017 Little Rock Board of Adjustment Little Rock, AR Re: Zoning Variance for Signs — Gateway Nail & Spa Good Afternoon, Board of Adjustment: Phone: 501 .623-3181 Fax: 5o 1 .623.4544 :Z74-4� We are seeking a variance to allow a rear mounted sign for our client Gateway Nail & Spa. The reason for the request is to allow signage visibility onto the new access road leading from 1 -430 to Bass Pro Pkwy. There is a high level of traffic on this new road and our client would like to take advantage of his rear wall to capture a portion of that advertising value. This strip center has 3 total tenants. Our client is in the center of the center and is flanked by Taziki's Mediterranean Cafe and Pie Five. Both of those tenants have already sought and received approval for a sign for this very same reason. We ask that we be allowed the same opportunity that you have provided to them. We appreciate your time and look forward to answering any questions you may have regarding this request. Regards 1 Ronn1T-Skipper Seiz Sign Company JULY 31, 2017 ITEM NO.: 4 File No.: Z -9239 Owner /Applicant: Thomas M. Arthur and Meredith A. Castleberry Address: 1730 Lilac Circle Description: Lot 16, Riverside Addition Zoned: R -3 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 Analvsis: The R -3 zoned property at 1730 Lilac Circle is occupied by a one -story brick and frame single family residence. The property is located on the east side of Lilac Circle, south of Lilac Terrace. There is a one -car wide driveway from Lilac Circle at the southwest corner of the property. There is an existing six (6) foot high wood fence along the rear (east) property line. Chain -link fencing is located along the north and south side property lines within the rear yard area. The rear yard portion of the lot slopes downward slightly from west to east (front to back). The applicant proposes to construct an eight (8) foot high wood fence along the north and south side property lines, within the rear yard area, as noted on the attached site plan. The existing six (6) foot high wood fence along the rear (east) property line will remain. The applicant is proposing the eight (8) foot high fence for privacy, given the slope within the rear yard area. The applicant has also noted that the taller fence will help keep his dog from jumping the fence into the neighbor's rear yard. Section 36- 516(e)(1)a. of the City's Zoning Ordinance allow a maximum fence height of six (6) feet within the rear yard area of this residential lot. Therefore, the applicant is requesting a variance to allow an eight (8) foot high wood fence along the north and south side property lines within the rear yard area. JULY 31, 2017 ITEM NO.: 4 (CON'T.) Z -9239 Staff is supportive of the requested fence height variance. Staff views the request as reasonable. The applicant is requesting the higher fence due to the slope within the rear yard area, Eight (8) foot high fencing has increasingly become a popular fence height in single family areas. Eight (8) foot high fences provide an increased level of screening and privacy over the typical six (6) foot fence height. Additionally, only approximately 150 linear feet of new fencing is proposed for this residential lot. Staff believes the requested eight (8) foot high wood fencing along the two (2) side property lines 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, as filed. BOARD OF ADJUSTMENT (July 31, 2017) Thomas Arthur was present, representing the application. There was one (1) objector present. Staff presented the item with a recommendation of approval, as filed. Thomas Arthur addressed the Board in support of the application. He explained that the additional fence height was needed for privacy reasons. He noted that the fence would not be out of character with the neighborhood. Pat Proctor, of 1728 Lilac Circle, addressed the Board in opposition. She explained that she was not opposed to the proposed fence height, but she did not approve of the fence tying into the front corner of the house, instead of the rear corner where the existing chain - link fence is located. She noted that the fence extending toward the front corner of the house next to her driveway would make it difficult for her to get her car door open and impact the access to her trash can. Mr. Arthur explained that the fence extending along the south side of the house would provide privacy for the two (2) windows located on the south side of the house. He noted that there was ample room for car doors to be open with the proposed fence location. Carolyn Lindsey Polk asked about allowed fence height. Staff explained the ordinance fence height requirements. There was a motion to approve the fence height variance, as filed. The motion passed by a vote of 3 ayes, 0 noes and 2 absent. The application was approved. -Z- 5Z3 g Thomas Arthur 1730 Lilac Circle Little Rock, AR 72202 Ph: 501 - 319 -2885 Email: ducksong999@hotmail.com Re: Request for variance at 1730 Lilac Circle, Little Rock, Arkansas. To Whom It May Concern: I'm requesting an 8 foot fence variance for the above property. Reasons for this include but are not limited to: excessive slope inhibiting privacy, separation of animals between yards, and retention of property value. Sincerely, Thomas M. Arthur JULY 31, 2017 ITEM NO.: 5 File No.: Owner /Applicant: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: Z -9240 Christopher Chad Hankins 13701 Woodbrook Drive Lot 3, Block 9, Cedar Ridge Addition R -2 A variance is requested from the area provisions of Section 36 -254 to allow a deck addition with reduced rear setback. The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential The R -2 zoned property at 13701 Woodbrook Drive is occupied by a one -story brick and frame single family residence. The property is located on the south side of Woodbrook Drive, east of Asbury Road. A concrete driveway from Woodbrook Drive is located at the northwest corner of the property. The lot contains a 25 foot front platted building line. A wood deck previously existed at the southeast corner of the residence, within the rear yard area. The deck was recently removed from the property due to condition issues. The applicant began construction of a new deck, slightly larger than the old deck. The new deck is 16 feet by 22.8 feet in area. The new deck is located 12 feet back from the rear (south) property line, 9.5 to 10.5 feet back from the east side property line and 34 feet back from the west side property line. The new deck will be covered and unenclosed. The deck will range from one (1) to 2.5 feet above grade. Two (2) steps will be located on the west side of the deck. Section 36- 254(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for this R -2 zoned property. Therefore, the applicant is requesting a variance to allow the new deck structure with a rear setback of 12 feet. All other setbacks conform with ordinance standards. JULY 31, 2017 ITEM NO.: 5 (CON'T.) Z -9240 Staff is supportive of the requested rear setback variance. Staff views the request as reasonable. This single family lot has a relatively shallow depth of 102 feet and an overall area slightly less than 7,000 square feet. The shallow depth greatly limits the lot's building footprint. The rear yard area is fenced with six (6) foot high wood fencing. With the deck being only one (1) to 2.5 feet above grade, only the roof portion of the deck structure will be visible from the adjacent properties. Additionally, ample separation should exist between the new deck and the existing residence to the south. Staff believes the proposed rear deck addition will have no adverse impact on the surrounding properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested rear setback variance, subject to the deck being unenclosed on its south, east and west sides. BOARD OF ADJUSTMENT (July 31, 2017) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by a vote of 3 ayes, 0 noes and 2 absent. I 13701 Woodbrook Drive, Little Rock, AR 722111 501 - 605 -2124 I chankinsCcDspp.org 6/26/2017 Little Rock Board of Adjustment Dear Little Rock Board of Adjustment: My wife and I purchased our home in October of 2015. When we bought the house, there was already an existing deck on the property. The deck was in need of repair /replacement so we decided to replace the existing structure. As part of the project, we slightly increased the size of the deck and plan to cover it. Due to the shape of our lot and our back yard being so shallow, we are requesting a variance to the 25- foot rule related to the back property line. The previous deck, which was in place for 15+ years, also exceeded the 25 -foot rule. Sincerely, Chad Hankins JULY 31, 2017 ITEM NO.: 6 File No.: Z -9241 Owner: Robert and Kathryn Seely Applicant: Carolyn Lindsey Polk Address: 5702 Scenic Drive Description: Lot HR, Block 2, East Palisades Addition Zoned: R -2 Variance Requested: Variances are requested from the area provisions of Section 36 -254 and the building line provisions of Section 31 -12 to allow a carport addition with a reduced front setback and which crosses a front platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R -2 zoned property located at 5702 Scenic Drive is occupied by a two -story frame single family residence. The property is located on the north side of Scenic Drive, west of N. Taylor Street. The property has a severe slope downward from front to back (south to north). An elevated drive and parking pad exists at the southeast corner of the lot. The lot contains a 25 foot front platted building line. The applicant proposes to construct a 22 foot by 30 foot carport cover over the existing elevated parking pad, as noted on the attached site plan. The proposed carport will be located five (5) feet back from the front (south) property line and 8.5 feet back from the east side property line. The carport structure will be located 10 feet back from the street curb. The structure will encroach across the 25 foot front platted building line by approximately 20 feet. Section 36- 254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 31 -12( c) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. JULY 31, 2017 ITEM NO.: 6 (CON'T.) Z -9241 Therefore, the applicant is requesting variances from these ordinance standards to allow the carport addition with reduced front setback and which crosses a front platted building line. Staff does not support the requested front setback and building line encroachment variances as filed. Staff does not view the request as reasonable. The residence has existed with no covered parking since it was constructed. Staff does not believe that the front encroachment is in keeping with the character of the neighborhood. There are no similar encroachments on the properties immediately east and west of the subject property. The property at 5804 Scenic Drive, referenced by the applicant, does have a porte cochere which encroaches into the front setback, but the width of the porte cochere is only nine (9) feet. Staff believes the proposed 30 foot wide covered structure, as proposed by the applicant, will have a significant negative visual impact on the adjacent properties and is not compatible with the overall 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 addition. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends denial of the requested front setback and building line variances, as filed. BOARD OF ADJUSTMENT (July 31, 2017) Staff informed the Board that on July 28, 2017 the applicant submitted a letter to staff requesting the application be deferred to the August 28, 2017 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the August 28, 2017 agenda by a vote of 3 ayes, 0 noes and 2 absent. Yeary Lindsey r June 21, 2017 Mr. Monte Moore Department of Neighborhoods and Planning 723 West Markham Little Rock, AR 72201 RE: Zoning Variance Application for Seely Residence, 5702 Scenic Dr., Little Rock, AR 72207 Dear Monte, This project consists of a carport addition to the main house, open on three sides, with a storage closet, similar to what exists, located against the south wall of the house. The new carport will present a gable toward the street and tie into the existing roof of the house. We are requesting a zoning variance to allow the following: 1) The carport encroachment into the platted 25' building line, reducing the front setback to 5' from the property line which translates into 10' from the street curb. This lot slopes greatly from the curb down to a lower level at the front of the house and the house takes up the buildable space in the width of the lot. There is currently a suspended parking pad in this location that also provides a walk to the front door. Also, I measured from the curb to any structure higher than 4' above grade at 3 other houses west of this house and found the following: 1) 5804 Scenic Dr. — the main wall of the house is 27' -8" from the curb with a carport to the front that is 10' -0" from the curb to the column. 2) 5714 Scenic Dr. — the railing for steps down to the lower level is 15' -0" from the curb 3) 5706 Scenic Dr. — the front porch is 20' -8" from the curb Since our proposed carport will be no closer to the street than the carport at 5804 Scenic and since there are a couple of other houses that have encroached upon the 25' building line /setback we feel the construction of this carport will be in keeping with the north side of the street and will be a functional and aesthetic asset to the Owners. We also feel that, technically, there is already a structure encroaching into the 25' front building line setback to allow access to the house and provide off - street parking. We only wish to cover the suspended parking pad to protect it and their cars from the weather. Thank you for your time and consideration. Sincerely, t U�� Carolyn A. dsey, AIA 3416 Old Cantrell Road Little Kock, Arkansas 72202 501- 372 -5940 fax: 501- 663 -0043 JULY 31, 2017 ITEM NO.: 7 File No.: Z -9242 Owner: East Cantrell Development Company, LLC Applicant: J. Eric Holloway, Holloway Engineering Address: 2815 Cantrell Road Description: South side of Cantrell Road, east of Rebsamen Park Road Zoned: C -3 Variance Requested: Variances are requested from the parking provisions of Section 36 -502 and the buffer provisions of Section 36 -522 to allow a new development with reduced number of parking spaces and reduced street and land use buffers. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Restaurant Proposed Use of Property: Restaurant with Drive -Thru STAFF UPDATE: On July 17, 2017 the applicant requested this application be deferred to the August 28, 2017 agenda to address concerns with the site plan raised by the Planning and Public Works staffs. Staff supports the deferral request. BOARD OF ADJUSTMENT (July 31, 2017) Staff informed the Board that on July 17, 2017 the applicant submitted a letter to staff requesting the application be deferred to the August 28, 2017 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the August 28, 2017 agenda by a vote of 3 ayes, 0 noes and 2 absent. LL &vilDesi�P ENGINEERING , June 26, 2017 Monty Moore City of Little Rock Planning and Development 723 West Markham Street Little Rock, AR 72201 RE: Zoning Variance Application for 2815 Cantrell Road, Little Rock, Pulaski County, Arkansas Mr. Moore, Please find attached 6 copies of the Site Plan and Survey for the above referenced project along with a check in the amount of $205.00 for the review fee. The Cook - Alworth Addition was created in the late 1960's early 1970's with very small lots utilizing shared access drives to accommodate each individual commercial development. The majority of the sites need to be upgraded due to failing infrastructure and their non - compliance to City Codes and Ordinances. The latter is significantly constrained by the original village style small lot development and the aforementioned common drives. The applicant would like to accomplish an upgrade of the existing Shoguns Restaurant through demolition and reconstruction of the lot for a Starbucks coffee shop. This particular user tends to improve the surrounding property values through increased traffic counts, which will likely lead to re- development of the remaining Cook - Alworth lots to be more consistent with the area commercial sites closer to Rebsamen Park. After several renderings it is apparent that a variance of the land use, street buffer, and parking variance will be required to accomplish this upgrade. If you have any questions please don't hesitate to call me at 501 -851 -3366. inc "e ve� v . Eric Holloway JEH /ba Office: 200 Casey Drive, Maumelle, AR 72113 Phone: 501 - 851 -3366 Fax: 501 -851 -3368 Email: admin @hollo -,vay- eng.corn JULY 31, 2017 ITEM NO.: 8 File No.: Owner: Applicant: Address: Description: Zoned: Z -9243 Rice Memorial Missionary Baptist Church Terry G. Burruss 802 W. 15th Street Northwest corner of W. 15th and S. State Streets C -3 Variance Requested: Variances are requested from the area provisions of Section 36 -301 and the parking provisions of Section 36 -502 to allow construction of a church building with reduced front and street side setbacks and reduced number of parking spaces. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Church Proposed Use of Property: Church STAFF REPORT A. Public Works Issues: 1. With the issuance of a building permit, repair or replace any curb and gutter or sidewalk that is damaged in the public right -of -way prior to occupancy. In addition, new handicap access ramps should be constructed at the intersection of 15th Street and State Street. B. Landscape and Buffer Issues: Site plan must comply with the City's minimal landscape /buffer ordinance requirements. Signage is to be reviewed and permitted separately. Screening requirements will need to be met for the vehicular use areas adjacent to street right -of -ways. Provide screening shrubs with an average linear spacing of not less than three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. JULY 31, 2017 ITEM NO.: 8 (CON'T.) Z -9243 A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right -of -way of any street. This strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip_ The north perimeter planting strip is less than nine (9) feet in width. For parking areas with twelve or more spaces eight percent (8 %) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area (s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. An irrigation system shall be required for developments of one (1) acre or larger. For developments of less than one (1) acre there shall be a water source within seventy -five (75) feet of all plant material to be irrigated if an automatic irrigation system is not provided. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. C. Staff Analysis: The C -3 zoned property at 802 W. 15th Street is occupied by a one -story building, which was part of a larger church building that recently burned and was removed from the site. The property is located at the northwest corner of W. 15th Street and S. State Street. The foundation of the portion of the structure which burned remains on the site. There is no existing off - street parking or drives on the site. The applicant proposes to reconstruct the portion of the church building that burned on the same foundation (footprint) which exists. The new portion of the building will be located 8.5 feet back from the front (east) property line. The main wall of the church will be located 25 feet plus from the south (street side) property line. A small covered stoop will be located 20 feet back from the south (street side) property line. The development will include a new paved parking lot on the west side of the church Building. New driveways will be located at the southwest and northeast corners of the property. The new parking lot will contain 19 parking spaces. The applicant notes that the seating capacity for the new church building will be 108 persons. Section 36- 301(e)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 36- 301(e)(2) requires a minimum street side setback of 25 feet. Section 36- 502(b)(2)d. requires a minimum of 27 parking spaces for the proposed church use, based on a seating capacity of 108 persons. Therefore, the applicant is requesting variances from these ordinance standards to allow JULY 31, 2017 ITEM NO.: 8 (CON'T.) Z -9243 reconstruction of the church building with reduced front and street side setbacks and a reduced number of off - street parking spaces. Staff is supportive of the requested setback and parking variances. Staff views the request as reasonable. The applicant is proposing to reconstruct a church building on the same foundation that a church building existed on for a number of years. The requested setback variances are very minor in nature. Even though the platted front property line is the east property line along S. State Street, the south side of the church building (facing W. 15th Street) will be the physical front of the structure. The south wall of the building will be located over 25 feet back from the south street side property line, with the only encroachment being a covered stoop area. With respect to the requested parking variance, no off- street parking existed on the site in the past. Staff believes that the new proposed parking lot will be a quality addition to the site. There is on- street parking allowed in this general area. The proposed on- site parking area will help lessen the use of the on- street parking. Staff believes the requested setback and parking variances will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested setback and parking variances, subject to the following conditions: 1. Compliance with the Public Works requirement as noted in paragraph A. of the staff report. 2. Compliance with the Landscape and Buffer requirements as noted in paragraph B. of the staff report. BOARD OF ADJUSTMENT (July 31, 2017) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by a vote of 3 ayes, 0 noes and 2 absent. 11912 KANIS ROAD, SUITE F -8 LITTLE ROCK, ARKANSAS 72211 501 - 376 -3676 FAX 376 -3766 L Architect design, planning and interiors June 27, 2017 Mr. Monte Moore Zoning and Enforcement Administrator Department of Planning & Development City of Little Rock 723 W. Markham Little Rock, AR 72201 RE: Rice Memorial Missionary Baptist Church Variance Request 802 West 15th Street Little Rock, Arkansas A/E # 1671 Dear Mr. Moore: Attached please find 6 copies of Site Plan and 6 copies of the Survey for the above referenced project. Our client is proposing to rebuild the fire damaged church building on the same footprint. We are requesting a variance on the required front yard set back to allow this. We are also proposing to build a small parking lot (19 parking spaces on site). The parking requirement would be 27 parking spaces total for this facility. We are requesting a variance to increase the allowable off site parking from 25% to 29 %. We appreciate your consideration on this request. If there are any questions or additional information is needed, please call. We can also be reached by email at tbadesignplanning @sbcglobal.net. Yours very truly, Terry G. Burruss, AIA � BOARD OF ADJUSTMENT VOTE RECORD DATE: ] MOmmmdmm rmmmmmm • FRANK i --m-m.`'Mmmmm----- ROBERT SMITH, CHRISTOPHER A �,�� TIME IN AND TIME OUT ALLISON, FRANK LINDSEY POLK, CAROLYN SMITH, CHRISTOPHER TUCKER, ROBERT YATES, JEFF /AYE 40 NAYE ABSENT p ABSTAIN Meetin Adjourned P.M. JULY 31, 2017 There being no further business before the Board, the meeting was adjourned at 2:21 p.m. Date: L�` f