HomeMy WebLinkAboutboa_04 29 2019LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
APRIL 29, 2019
2:00 P.M.
I.Roll Call and Finding of a Quorum
A Quorum was present being four (4) in number.
II.Approval of the Minutes of the Previous Meetings
The Minutes of the March 25, 2019 meeting were
approved.
Members Present: Frank Allison -Chairman
Richard Bertram -Vice Chair
Austin Grinder
Joe Justus
Members Absent: Carolyn Lindsey Polk
City Attorney Present: Sherri Latimer
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
APRIL 29, 2019
2:00 P.M.
I.OLD BUSINESS:
A.Z-9392 10 Turtle Creek Lane
B.Z-9400 1509 Rebsamen Park Road
11.NEW BUSINESS:
1.Z-3410-E 11100 Financial Centre Parkway
2.Z-7794-A 5205 Hawthorne Street
3.Z-8929-A 3 Cantrell Road
4.Z-9113-B 2005 Argyll Cove
5.Z-9410 111 Weston Place
6.Z-9411 2318 N. Palm Street
7.Z-9412 5401 Sherwood Road
APRIL 29, 2019
ITEM NO.: A
File No.: Z-9392
Owner: The Student Loan Guarantee Foundation of Arkansas
Applicant: Mark Rose, KATV
Address: 10 Turtle Creek Lane
Description: Tract M-2A, Riverdale Addition
Zoned: O-3
Variance Requested: A variance is requested from the height provisions of Section
36-201 to allow a broadcast tower with increased height.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Office Building
Proposed Use of Property: Office Building with broadcast studio
STAFF REPORT
A.Public Works Issues:
1.Public Works staff has no comment on the variance to Section 36-201.
2.Public Works staff has not reviewed any other part of this project at this time, and
additional comments may be provided prior to approval of the building permit.
B.Staff Analysis:
The O-3 zoned property at 10 Turtle Creek Lane is occupied by a two-story office
building located within the south half of the overall 3.98 acre property. The property
is located on the north side of Turtle Creek Lane, between Brookwood Drive and
Riverfront Drive. A driveway from Turtle Creek Lane and a driveway from
Brookwood Drive serve as access to the property. Paved parking is located on the
south and west sides of the building. The north half of the overall property is
undeveloped and grass covered.
Sinclair Broadcast Group/KATV is in the process of purchasing this property at
10 Turtle Creek Lane, with the intent of relocating their broadcast studio from its
current location at 410 Main Street. As part of the relocation, the applicant proposes
to construct a 100 foot tall broadcast tower within the undeveloped, north portion of
the property, as noted on the attached site plan. The proposed tower will be a
APRIL 29, 2019
ITEM NO.: A (CONT.) Z-9392
self-supporting metal truss frame tower. The proposed tower will be located well
over 100 feet back from the building and all property lines. The tower structure finish
will be galvanized steel. A small antenna or dish will be attached to the tower
structure near the top, but will not extend past the top of the 100 foot tall tower.
Section 36-201 (e)(1 )a. of the City's Zoning Ordinance allows a maximum tower
height of 75 feet for metal ground-mounted towers. Therefore, the applicant is
requesting a variance to allow the proposed tower with increased height.
Staff is supportive of the requested tower height variance. Staff views the request
as reasonable. The proposed tower height of 100 feet will not be out of character
with the heights of other buildings and tower structures in this general area.
Signal Media Radio at 2400 Cottondale Lane has a 154 foot tall broadcast tower.
There are also several multi-story buildings in this area along Riverfront Drive. The
applicant notes that studies were conducted and it was determined that the absolute
minimum tower height that will work for this location is 100 feet. Staff believes the
proposed 100 foot tall tower at this location will have no adverse impact on the
adjacent properties or the general area.
C.Staff Recommendation:
Staff recommends approval of the requested tower height variance, as filed.
Board of Adjustment (February 25, 2019)
Mark Rose and Joe White were present, representing the application. There were several
objectors present. Staff presented the application with a recommendation of approval.
Marks Rose addressed the Board in support of the application. He explained that the
proposed height of the tower was planned for long term use of the tower structure. He
noted that there would be no lights on the tower. He explained that the width of the tower
narrowed as the height of the tower increased.
Joe White also spoke in support of the application. He explained that the elevation of the
proposed tower site was 252 feet and that the elevation of the Treetops condo
development was approximately 356 to 360 feet. He further explained that the Treetops
condos owners would look down on and over the proposed tower and not into the tower.
He noted that the proposed tower should not adversely impact the view of the river from
the condos.
Bob McKuin addressed the Board in opposition. He noted that he was opposed to the
tower's close proximity to nearby multi-family developments. He stated that the variance
should be denied.
2
APRIL 29, 2019
ITEM NO.: A (CONT.) Z-9392
Bob Ratchford also spoke in opposition. He explained that the tower would impact the
views from his condo. He noted that the tower would devalue his property. He asked that
the application be deferred.
James Corner also spoke in opposition. He also stated that views from his condo would
be impacted. He noted that towers were not allowed in office zoning and quoted from the
zoning ordinance.
Jack Cherry also spoke in opposition. He asked for a deferral to allow more time for
questions about the tower to be answered.
Dana Carney, of the Planning Staff, explained that towers were accessory uses to
broadcast studios and that towers were permitted in office zoning.
Joe White further explained that the elevation of the top of the tower was less than the
elevation of the Treetops property.
Chairman Allison offered a deferral to the applicant based on the fact that only three (3)
members of the Board were present. Mr. White requested to move forward.
Chairman Allison noted that he had issues that needed to be addressed. Sherri Latimer,
City Attorney, noted that the Board could defer an application on its own motion.
A motion was made to defer the application to the March 25, 2019 agenda. The vote was
3 ayes, 0 noes, 1 absent and 1 open position. The application was deferred.
Staff Update:
The applicant submitted a revised site plan to staff on May 6, 2019. The revised site
plan moves the tower location slightly to the west, within the west portion of the north
yard area. The proposed tower will be located 170 feet from the north property line, 100
feet from the west property line, and over 200 feet from the east and south property
lines. The applicant notes that the location of the proposed tower was moved to provide
a better signal than would be accomplished at the original location.
The applicant also notes that additional information on health/safety issues and sight
distance/visibility issues will be presented at the March 25, 2019 public hearing. The
information will include photos with a simulation of the tower depicted. Staff continues
to be supportive of the requested tower height variance.
Board of Adjustment (March 25, 2019)
Staff informed the Board that on March 18, 2019 the applicant submitted a letter to staff
requesting this application be deferred to the April 29, 2019 agenda. Staff supported
the deferral request. The item was placed on the consent agenda and deferred to the
April 29, 2019 agenda. The vote was 4 ayes, 0 noes, 0 absent and 1 open position.
3
APRIL 29, 2019
ITEM NO.: A (CONT.) Z-9392
Board of Adjustment (April 29, 2019)
Staff informed the Board that on April 23, 2019 the applicant submitted a letter to staff
requesting this application be withdrawn. Staff supported the withdrawal request.
The item was placed on the consent agenda and withdrawn. The vote was 4 ayes, 0
noes and 1 absent.
4
CJ KATV
501.324.7777 • katv.corn •PO Box 77 Little Rock, AR 72203
January 29, 2019
Mr . Dana Carney
City of Little Rock
Department of Planning and Development
723 West Markham
Little Rock, Arkansas. 72201
RE: 10 Turtle Creek Lane
Zoning variance request
Mr. Carney,
Attached please find the zoning variance application for 10 Turtle Creek Lane. This site is in the Riverdale neighborhood of Little
Rock and is zoned 0-3. We are requesting a variance to the height limit of 75 feet in order to place a 100 foot tall broadcast
tower on the site.
Sinclair Broadcast Group/ KATV is in the process of purchasing this property which is currently owned by the Student Loan
Foundation. KATV intends to relocate their broadcast studio operations from their current location at 410 Main Street to the
building at 10 Turtle Creek.
The broadcast signal function of the station has certain requirements that can only be met by the placement of a tower on this
site. Studies have been conducted to determine that the absolute minimum height for a tower at this location is 100 feet. The
proposed tower is a self-supporting truss frame type towertypical to these functions. A 154' tall tower of similar construction is
located at the Signal Media radio station at 2400 Cottondale lane near the Verizon campus in Riverdale. Drawings and
photographs of the type of tower proposed are attached to this request. The tower structure finish would be galvanized steel.
A small antenna or dish would be attached to the side of the tower structure near the top but would not extend past the top of
the 100-foot tower. The height of this tower is below the threshold that would require a beacon light at the top, so no light will
be placed.
Given that the tower is critical to provide a broadcast signal and fundamental to station operation, we respectfully request a
variance to the 0-3 height limit of 75 feet to allow this tower height of 100 feet. We believe that the variance is justified and
will be a benign element in the neighborhood landscape.
Please place this item on the Board of Adjustment docket for the February 25, 2019 meeting. Don't hesitate to call us if you
have any questions or require any additional information.
Thank you,
General Manager
cc: Mr. Bill Russell, Sinclair Broadcast Group
Mr. David Porter, AIA, Principal I CEO
ON YOURSIDE
APRIL 29, 2019
ITEM NO.: B
File No.: Z-9400
Owner: Off the Fronf, LLC
Applicant: Lillian H. McRae, Cromwell Architects Engineers
Address: 1509 Rebsamen Park Road
Description: Lot 1, Rosenbaum Acres Addition
Zoned: C-3
Variance Requested: Variances are requested from the building line provisions of
Section 31-12, the area provisions of Section 36-301 and the
parking provisions of Section 36-502 to allow an addition to
an existing commercial building with a reduced front setback
and which crosses a front platted building line, and a reduced
number of off-street parking spaces.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Commercial
Proposed Use of Property: Restaurant, food production and sake brewery
STAFF REPORT
A.Public Works Issues:
1.Public Works staff has no comments in regard to the setback variances.
2.A grading permit is not required for the proposed site work. However, all
construction work must include appropriate drainage and erosion control
measures (i.e. hay bales, silt fencing, mulching etc.) to protect the municipal
storm water drainage system and neighboring properties from sediment runoff.
New development may be subject to inspections for compliance.
3.Prior to approval of the building permit, the applicant must agree to provide
boundary street improvements. Boundary street improvements shall include,
but not be limited to, reconstruction of one-half section of the abutting street if
the existing street is not up to city standards. Repair, replace, or extend existing
damaged, missing, and noncompliant curb and gutter, sidewalk, access ramps
or concrete driveway aprons within the public right-of-way adjacent to the site.
Remove abandoned driveway cuts and replace with curb, gutter, and sidewalk.
All work within the public right-of-way shall conform to City of Little Rock
Standard Details and ADA guidelines.
APRIL 29, 2019
ITEM NO.: B (CONT.) Z-9400
4.Prior to approval of the building permit, all proposed striping and signage must
conform to the Manual of Uniform Traffic Control Devices, and designs are
subject to approval by the Public Works department.
5.Prior to approval of the building permit, any proposed landscaping must provide
safe sight distance at the adjacent intersection. Landscaping located within the
50 foot sight triangle at the intersection of Rebsamen Park Drive and
Old Cantrell Road must be maintained below a height of 30 inches.
Landscaping within the right of way may be subject to a franchise agreement
with the Public Works.
6.The Public Works may provide additional comments or conditions prior to
approval of the building permit.
B.Landscape and Buffer Issues:
C.
1.Site plan must comply with the Little Rock Zoning Ordinance and the City's
minimal landscape and buffer ordinance requirements. Any new development
shall adhere to the current landscape code.
2.Any existing vehicular use area that does not meet current code requirements
may continue as nonconforming until such time a building permit is issued to
rehabilitate a structure on the property exceeding fifty (50) percent of the
current replacement cost of the structure. At such time fifty (50) percent of the
existing vehicular use area shall be brought into compliance with current code
and shall continue to full compliance on a graduated scale based upon the
percentage of rehabilitation cost.
3.All ground or roof mounted mechanical systems shall be screened from
abutting properties and streets. Any trash receptacles or pickup shall be
oriented away from a primary street side of the property and screened from the
public right-of-way. Screen shall exceed the height of the dumpster or trash
containment areas by at least two (2) feet not to exceed eight (8) feet total
height.
4.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.
Staff Analysis:
The C-3 zoned property at 1509 Rebsamen Park Road is occupied by a one-story
commercial building The property is located on the east side of Rebsamen Park
Road, at its intersection with Old Cantrell Road. Paved parking is located along
the north and east sides of the existing building. An access driveway is located
at the northwest corner of the property. The lot contains a 40 foot platted front
2
APRIL 29, 2019
ITEM NO.: B (CONT.) Z-9400
setback line. A small portion of the existing building crosses the front platted
building line by approximately nine (9) feet to 22 feet. The property backs up to a
railroad right-of-way and drainage area.
The applicant proposes to remove approximately 2,500 square feet of the front of
the existing building and reconstruct the front portion of the building with
approximately 3,356 square feet of building space, as noted on the attached site
plan. The front 3,356 square foot portion of the building will be utilized as a
restaurant use, with a new 1, 186 patio/outdoor seating area on the front of the
building. The patio area will be uncovered and unenclosed. The area will be
bordered with a short fence. The remaining 7,634 square feet of the building will
be used for food production and a sake brewery. As part of the project the
applicant will refurbish the existing paved parking on the north and east sides of
the building. The site will contain 32 paved parking spaces.
The applicant is requesting three (3) variances with the proposed redevelopment
of the property. The first variance is from the area provisions of 36-301 (e) (1) of
the City's Zoning Ordinance. This section requires a minimum front setback of 25
feet. The reconstructed portion of the front of the existing building will be located
approximately 13 feet to 33 feet back from the front (west) property line.
The second variance is from the building line provisions of Section 31-12 (b) of the
Subdivision Ordinance which requires platted building line encroachments be
reviewed and approved by the Board of Adjustment. The proposed reconstruction
of the front portion of the existing building will extend across the 40 foot front platted
building line by approximately seven (7) feet to 27 feet.
The last variance is from the parking provisions of Section 36-502 (b) (3) which
requires 52 paved on-site parking spaces for the proposed use of the building. As
noted previously, the site will contain 32 paved parking spaces.
Staff supports the requested building line and building setback variances. Staff
views this request as reasonable. The reconstructed front portion of the
commercial building will maintain essentially the same front setback and building
line encroachment as the existing building. Additionally, the proposed front
setback will not be out of character with other commercial buildings in this area.
The existing commercial buildings to the north have similar front building setbacks.
However, staff cannot support the requested parking variance. Staff has concerns
that the amount of parking proposed will not be enough to serve the proposed use
of the building. The applicant has not proposed any off-site parking to
accommodate the shortage of on-site spaces. Additionally, on-street parking is
not allowed in this area. In the past, staff has supported parking variances in this
general area when the applicant provides a combination of on-site and off-site
spaces to either meet or come very close to meeting the minimum required
by code.
3
APRIL 29, 2019
ITEM NO.: B (CONT.) Z-9400
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.
D.Staff Recommendation:
Staff recommends denial of the requested setback, building line and parking
variances, as filed.
Board of Adjustment (March 25, 2019)
Staff informed the Board that the application needed to be deferred to the April 29, 2019
agenda, based on the fact that the applicant failed to send the required notifications to
surrounding property owners. The item was placed on the consent agenda and
deferred to the April 29, 2019 agenda. The vote was 4 ayes, 0 noes, 0 absent and 1
open position.
Staff Update:
The applicant submitted a revised site.plan to staff on April 18, 2019. The new plan
proposes to remove the existing building from the site and construct a new one-story
commercial building, as noted on the attached site plan. The new building will occupy a
similar portion of the site on the existing building. As noted previously, there is a 40 foot
front platted building line on this lot. The proposed building will have a front setback
ranging from 12 feet-11 inches to 38 feet-4 inches. Section 36-301 (e)(1) requires a
minimum front setback of 25 feet for C-3 zoned property. Therefore, the applicant
continues to request front setback and building line variances, with the resulting front
setback being very similar to the original site plan.
The revised site plan shows approximately 3,800 square feet of restaurant space,
including an interior courtyard area for seating. The food and drink production area will
be 5,200 square feet. The amount of building area will require 45 off-street parking
spaces. The revised site plan shows 48 parking spaces. The parking space size and
maneuvering areas comply with ordinance requirements. Therefore, there is no variance
for reduced parking being requested with the revised site plan. The proposed new
building is approximately 14 feet narrower than the existing building and will contain
almost 2,000 square feet less building square footage.
Staff continues to be supportive of the requested front setback and building line variances,
as noted in paragraph C. of the staff report. The revised parking design will likely require
a variance or variances from the City's Landscape Ordinance. The City Beautiful
Commission must review and approve variances from this section of the code.
4
APRIL 29, 2019
ITEM NO.: B (CONT.) Z-9400
Revised Staff Recommendation:
Staff recommends approval of the requested front setback and building line variances,
subject to compliance with the following conditions:
1.Compliance with the Public Works and Landscape/Buffer requirements as
noted in paragraphs A and B of the staff report.
2.Completion of a one-lot replat reflecting the change in the front platted
building line as approved by the Board.
3.The City Beautiful Commission must approve any variances from the City's
Landscape Ordinance prior to a building permit being issued.
Board of Adjustment (April 29, 2019)
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 staff, including all staff comments and conditions. The
vote was 4 ayes, 0 noes and 1 absent.
5
April 16, 2019
Mr. Monte Moore
Zoning Administrator
Department of Planning and Development
723 West Markham
Little Rock, Arkansas 72201
RE: 1509 Rebsamen Park Road, Application for a Non-residential Zoning Variance
Dear Mr. Moore,
Please find enclosed our application for a Non-residential Zoning Variance. We are proposing
to demolish the existing buildings on site at 1509 Rebsamen Park Road and build a storage and
production space for a new restaurant that includes a courtyard dining space and an indoor
food and beverage operation. The redevelopment of 1509 Rebsamen Park Road, formally
known as the Marshall Clements Antique Store, is consistent in principle with the work that has
been done developing downtown Riverdale with new restaurants and bar locations.
The strict application of the Zoning Ordinance would result in practical difficulties or
unnecessary hardship of the general purpose and intent of the Zoning Ordinance of the City of
Little Rock. The occupant, Three Fold, plans to use the property as a restaurant with indoor and
courtyard dining space featuring a bar and on site sake brewery. Specifically, Three Fold
anticipates indoor seating to be allow for roughly 90 people and 30 outdoor seats.
With the successful approvals of the City and state requirements, Three Fold hopes to begin
operating as a restaurant and brewery in the Spring of 2020.
Please do not hesitate to contact us with any questions or concerns about the project
development.
Thank you,
Lillian H. McRae
APRIL 29, 2019
ITEM NO.: 1
File No.: Z-3410-E
Owner: Iberia Bank
Applicant: Alex J. Bennett
Address: 11100 financial Centre Parkway
Description: Tract H-1-R, Pyramid Park Addition
Zoned: C-3
Variance Requested: A variance is requested from the height provisions of Section
36-301 to allow a flag pole which exceeds the maximum
building height allowed.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Commercial Building
Proposed Use of Property: Branch Bank
STAFF REPORT
A.Public Works Issues:
No Comments
B.Staff Analysis:
The C-3 zoned property at 11100 Financial Centre Parkway is occupied by a one-
story branch bank building located near the center of the site. The property is
located at the northwest corner of Financial Centre Parkway and Hardin Road. A
driveway from Hardin Road serves as access to the property. Drive-thru lanes are
located at the west end of the building. Paved parking is located on the south side
of the building.
The applicant proposes to construct a 90 foot tall flag pole at the southeast corner
of the building, as noted on the attached site plan. The proposed flag pole will be
located within an existing landscaped island. The applicant's intent is to fly a 30 foot
by 50 foot American flag from the proposed flag pole.
Section 36-301 (d) of the City's Zoning Ordinance allows a maximum
building/structure height of 35 feet in C-3 zoning. Therefore, the applicant is
requesting a variance to allow the proposed flag pole with a height of 90 feet.
APRIL 29, 2019
ITEM NO.: 1 (CONT.) Z-3410-E
Staff is supportive of the requested height variance. Staff views the request as
reasonable. The height of the proposed flag pole will not be out of character with
other structures in this general area along Financial Centre Parkway. There are
several other structures in this general area ranging from five (5) to nine (9) stories
in height. Additionally, there are several other flag poles with similar height
throughout the city. Staff believes the proposed flag pole with increased height will
have no adverse impact on the adjacent properties or the general area.
C.Staff Recommendation:
Staff recommends approval of the requested height variance, as filed.
Board of Adjustment (April 29, 2019)
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 staff, including all staff comments and conditions. The
vote was 4 ayes, 0 noes and 1 absent.
2
Anchor
Realty Investments
302 Country Club Parkway • Maumelle, AR 72113
March 25, 2019
City of Little Rock
Board of Adjustment
500 West Markham Street
Little Rock, AR 72201
RE: Height Variance Application
11100 Financial Centre Parkway, Little Rock, AR 72211
Dear Board Members,
This letter shall serve as both a request and permission to allow a flag pole structure which will be used to
display the American flag at 11100 Financial Centre Parkway, Little Rock, AR 72211. We respectfully
request permission for the following modifications:
•Increase the height provision of Section 36-301(d) of the Little Rock Code of Ordinances to
permit the erecting of a flag pole structure exceeding the current 35' height limitation in C-3
Zoning.
We are asking for this variance due to the fact that, at the current zoning height limitation for structures, an
erected flag pole would not be able to be seen from the public due to interstate obstructions, building and
other obstructions. In addition, based on the current height limitation, there is an inherent obstruction based
on the coiled composition of Financial Centre Parkway and the speed of traffic traveling to and from the I-
430 I l-630 Big Rock Interchange. We've created the attachments in order to accurately depict how the
flag pole and American flag will look within the existing site conditions. Furthermore, we are requesting a
height variance of 55 feet; the flag pole being 100 feet with approximately 10 feet below the ground to
support the structure. The American flag will be approximately 30 feet tall by 50 feet wide. We understand
that the requested 90' in height is taller than normally allowed, however, other subdivisions height variances
have granted variances due to obstructions or otherwise. Adjacent building heights in the vicinity should
also be noted to exceed the normal height restrictions, creating obstructions. As a result, we've attached
examples of other flag pole structures in similar zonings that have been granted such height increases. We
believe the height of the flag pole relative to the adjacent obstructions is in keeping with the intent of the
ordinance.
We are proposing that this site only needs this variance because of the obstructions, the declining slope of
the property location, and the composition of Financial Centre Parkway. Furthermore, we do not believe
increasing height for the flag pole to 90 feet at this location would have a negative impact on I-430's or I-
630's designation as a scenic corridor by triggering other businesses in the area to request similar sign
heights.
Respectfully,
Alex J. Bennett
APRIL 29, 2019
ITEM NO.: 2
File No.: Z-7794-A
Owner: Dwight and Margaret Blissard
Applicant: Carolyn Llindsey
Address: 5205 Hawthorne Road
Description: Lot 2, Block 11, Newton's Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section
36-254 and 36-156 to allow construction of a new residence
with reduced front and rear setbacks, and an accessory
structure with reduced side setback and increased rear yard
coverage.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A Public Works Issues:
No Comments
B.Building Codes Comments:
The required fire separation distance (building to property line) prescribed by the
building code terminates at five (5) feet. Buildings are allowed to be closer than
five (5) feet if they have properly constructed fire walls which provide the requisite
one (1) hour fire resistance rating. When buildings are five (5) feet or more from
the property line, the requirement no longer applies to the wall itself, only the
projections such as eaves or overhangs.
Openings such as doors and windows are limited when the exterior wall is three (3)
feet from the property line, and are prohibited when the exterior wall is Jess than
three (3) feet from the line. There is no restriction on openings when the exterior
wall is more than three (3) feet from the property line.
Contact the City of Little Rock Building Codes at 371-4832 for additional details.
APRIL 29, 2019
ITEM NO.: 2 (CON'T.) Z-7794-A
C.Staff Analysis:
The R-2 zoned property located at 5205 Hawthorne Road contains a one-story brick
and frame single family residence. The property is located on the south side of
Hawthorne Road, between Newtol') and N. Harrison Streets. A one-car wide
driveway from Hawthorne Road is located at the northeast corner of the property.
The driveway extends along the east side of the residence.
The applicant proposes to remove the existing home from the property and construct
a new 1 ½ story single family residence, as noted on the attached site plan. The
proposed residence will be located 23 feet back from the front (north) property line,
with steps from the porch being 20 feet back from the front property line. The
structure will be located 22.5 feet back from the rear (south) property line. The
residence will be located five (5) feet back from the west side property line and 12
feet from the east side property line. A 22.33 foot by 23 foot detached garage will
be located within the rear yard area at the southeast corner of the lot. The garage
will be located four (4) feet from the rear property line and 1.5 feet from the east side
property line. The garage will occupy 37.5 percent of the required rear yard area
(rear 25 feet of the lot). A covered walkway will be located between the residence
and the garage.
Sections 36-254(d)(1) and 36-254(d)(3) of the City's Zoning Ordinance requires 25
foot front and rear setbacks for principal structures in R-2 zoning. Section 36-
156(a)(2)c. allows a maximum rear yard coverage of 30 percent for accessory
structures in R-2 zoning. Section 36-156(a)(2)f. requires a minimum three (3) foot
side setback for accessory structures. Therefore, the applicant is requesting
variances from these ordinance standards to allow the new residence with reduced
front and rear setbacks, and the accessory garage structure with a reduced side
setback and increased rear yard coverage.
Staff is supportive of the requested variances associated' with the proposed new
residence. Staff views the request as reasonable. The proposed lot development,
with respect to building setbacks and overall lot massing, will not be out of character
with many other lots within this neighborhood. The proposed front encroachment
will be for only a small portion (66 square feet) of the porch and step area. The
proposed rear encroachment will be for only approximately 10 square feet of the
structure. Additionally, the variances associated with the accessory garage
structure are very minor in nature. Staff believes the proposed residence with
accessory garage will have no adverse impact on the adjacent properties or the
general area.
D.Staff Recommendation:
Staff recommends approval of the requested setback and coverage variances,
subject to compliance with the Building Codes requirements as noted in paragraph
B.of the staff report.
2
APRIL 29, 2019
ITEM NO.: 2 (CONT.) Z-7794-A
Board of Adjustment (April 29, 2019)
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 staff, including all staff comments and conditions. The
vote was 4 ayes, 0 noes and 1 absent.
3
Yeary Lindsey Architects
March 26, 2019
Mr. Monte Moore
Department of Neighborhoods and Planning
723 West Markham
Little Rock, AR 72201
RE: Zoning Variance Application for 5205 Hawthorne Rd.
Dear Monte,
This project consists of a new 2900 square foot story-and-a-half house with a
detached garage on the site of an existing house the owners have owned for 47 years.
They are tearing down the existing house in order to build a new house that will allow
them to age in place.
We are requesting a zoning variance to allow the following:
1)Rear setback coverage of 39% to allow for a detached minimally sized 2-car garage.
2)Reduced side yard setback to the east of 18" at the detached garage only.
3)Reduced front yard setback of 20' that closely aligns with the current setback of the
existing house and the house directly to the west of this lot.
The front porch of the existing house is 19.8' from the front setback. We are
requesting a 20' setback to the third step at the front porch to enable better
maneuverability at the garage entry. The house proper will be set back 3' further than
the current house due to the steps off the front porch being located on the north side of
the porch. The hipped roof of the garage will be guttered to control the roof runoff along
the east side.
We feel this new house will be in keeping with the existing streetscape and
density of the neighborhood. Thank you for your time and consideration.
Sincerely,
3416 Old Cantrell Road Little Rock, Arkansas 72202 501-372-5940 Fax: 501-663-0043
APRIL 29, 2019
ITEM NO.: 3
File No.: Z-8929-A
Owner/Applicant: Jason Smith
Address: 3 Cantrell Road
Description: Lot 7, Pine View Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section
36-254 to allow a building addition with a reduced rear
setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A.Public Works Issues:
No Comments
B.Staff Analysis:
The R-2 zoned property located at 3 Cantrell Road is occupied by a one-story brick
and frame single family residence. The property is located on the south side of
Cantrell Road, at Beechwood Street. A circular driveway from Cantrell Road serves
as access to the property. The lot contains a 45 foot front platted building line. The
house is located over 80 feet back from the front (north) property line.
The applicant proposes to construct a 28.4 foot by 44 foot two-story addition to the
rear (southeast corner) of the existing residence, as noted on the attached site plan.
The proposed addition will include a carport. The proposed addition will be located
11 feet to 16 feet back from the rear (south) property line, and approximately 40 feet
back from the east side property line. The applicant also proposes to construct a
new accessory structure at the southeast corner of the lot. The proposed accessory
structure will be located three (3) feet back from the east side property line and over
five (5) feet back from the rear property line. It will be separated from the proposed
two-story addition by approximately 19 feet.
Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum 25 foot rear
setback for the principal structure on this R-2 zoned lot. Therefore, the applicant is
requesting a variance to allow the addition to the principal structure with a rear
APRIL 29, 2019
ITEM NO.: 3 (CONT.) Z-8929-A
setback ranging from 11 feet to 16 feet. The proposed accessory structure complies
with the minimum ordinance setback requirements.
Staff is supportive of the requested variance to allow a reduced rear setback for the
proposed building addition. Staff views the request as reasonable. The proposed
rear setback will not be out of character with other residences along the south side
of Cantrell Road in this immediate area. Several of the residences in this immediate
area have reduced rear setbacks, as they are located considerably more than 45
feet back from the front property lines. Ample separation will exist between the
proposed building addition and the nearest structure to the south. Staff believes the
proposed addition with reduced rear setback will have no adverse impact on the
adjacent properties or the general area.
C.Staff Recommendation:
Staff recommends approval of the requested rear setback variance, as filed.
Board of Adjustment (April 29, 2019)
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 staff, including all staff comments and conditions. The
vote was 4 ayes, 0 noes and 1 absent.
2
Date: March 20, 2019
Department of Planning and Development
723 West Markham
Little Rock, AR
501-371-4790
RE: Variance for rear yard encroachment
Dear Sir or Madam:
I am writing to you in regards to the home at 3 Cantrell Rd in the city of Little Rock, AR
72207. I am requesting a variance to the code requiring a minimum of 25'-0" rear yard
setback at rear of the existing house.
The existing house currently sits on the property approximately 100 feet from Cantrell
Road, well past the front building setback. Since the property is on Cantrell Road, all of the
private area of the home has to be located in the rear of the house in order to have privacy
and create a safe haven for cars, bicycles, and personal properties. The home currently has a
two car open carport, and we are asking to expand that carport to encompass four cars for
the whole family to park safely in the rear of the home. The front driveway is exposed to
Cantrell making it an easy target for break-ins and theft of vehicles.
Our proposed design calls for expanding the carport to a total width of 44' -0", which
encroaches into the rear yard setback 14' feet at the closest corner and 10'-6" at the western
corner. We will also add a half story to rear of the home in order to create a home office and
studio above for the homeowners.
We hope you will consider our request to encroach into the rear yard setback allowing us to
park cars safely in the rear of the property.
Sincerely,
Jason Smith
APRIL 29, 2019
ITEM NO.: 4
File No.: Z-9113-B
Owner: Joseph and Susan Tama
Applicant: Donnie Holland
Address: 2005 Argyll Cove
Description: Lot 15R, Lochridge Estates 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 residence with 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 2005 Argyll Cove is occupied by a split level brick
residence which was recently constructed. The property is located near the end of
Argyll Cove which runs in a southeastern direction from Lochridge Drive. The
property is located outside the Little Rock City limits, but it is within the City's
extraterritorial zoning jurisdiction. The property contains a 25 foot front platted
building line.
A portion of the existing residence crosses the front platted building line, as noted in
the attached site plan. The residence encroaches across the front platted building
line by 15.5 feet to 8.1 feet at certain points, resulting in a front setback ranging from
9.5 feet to 26.9 feet. It is apparent that a mistake was made when the house was
laid out on the lot. The City conducted no building inspections (including footings)
since the property is located outside the city limits.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet. Section 31-12(b) of the Subdivision Ordinance requires that
building line encroachments be reviewed and approved by the Board of Adjustment.
APRIL 29, 2019
ITEM NO.: 4 (CON'T.) Z-9113-B
Therefore, the applicant is requesting variances from these ordinance standards to
allow the new residence with reduced front setback and which crosses a front platted
building line.
Staff is supportive of the requested front setback and building line variances. Staff
views the request as reasonable. The options which exist would be to grant the
variances or require that the residence be torn down. Staff can see no reason to
require the residence to be removed. Much of the Lochridge Estates subdivision
complies with the hill side standards as per the City's Subdivision Ordinance, based
on the slope of many of the lots. The hillside standards allow front setbacks of 15
feet. Front setback and building line variances for several lots within this subdivision
have been granted in the past, based on the fact that the homes needed to be pulled
closer to the front property line based on the slope of the property. This lot has a 19
percent slope from front to back, which qualifies for the hillside standards (slope of
18 percent or greater). Staff believes the existing residence, as constructed with
reduced front setback, has no adverse impact on the adjacent properties or the
general area.
If the Board approves the building line variance, the applicant will have to complete
a one-lot replat reflecting the change in the platted front building line for the
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 setback and building line variances,
subject to completion of a one-lot replat reflecting the change in the front platted
building line as approved by the Board.
Board of Adjustment (April 29, 2019)
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 staff, including all staff comments and conditions. The
vote was 4 ayes, 0 noes and 1 absent.
2
Holland Surveying, LLC
Professional Land Surveying Services
4281 Lake Norrell Road, Alexander, Arkansas 72002
(Cell): 501-993-2893 (Fax): 501-320-4365
(E-Mail): hollandsurveying1@gmail.com
TO:
Little Rock Board of Adjustment
723 West Markham
Little Rock, AR
This application is to request a variance for the current building setback lines for Lot 15, Lochridge
Estates, Pulaski County, Arkansas and recorded in Plat Book "I" at Page 56 of the Pulaski County Records.
The reason for requesting this variance is that the as-built location of the existing residence encroaches
into the currently platted building line location. Attached is the survey plat of the lot with the areas
requested for variance.
Feel free to contact me with any questions.
Sincerely,
Donnie Holland, PS#1625
APRIL 29, 2019
ITEM NO.: 5
File No.: Z-9410
Owner: Blain and Cindra Burgess
Applicant: Tim Daters
Address: 111 Weston Place
Description: Lot 3, Block 17, The Villages of Wellington 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 step and landing structure with 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 Residence under Construction
Proposed Use of Property: Single Family Residential
STAFF REPORT
A.Public Works Issues:
No Comments
B.Staff Analysis:
The R-2 zoned property located at 111 Weston Place is occupied by a two-story
single family residence which is under construction and nearing completion. The
property is located on the east side of Weston Place, south of Wellington Village
Road. The property is located within a curve of Weston Place, with a compound
front property line running along the west and south property boundaries. A 25 foot
platted building line is located along the compound frontage.
A new two-story residence is in the process of being constructed on the lot, as noted
on the attached site plan. The applicant proposes to construct a six (6) foot by 25
foot landing/step structure to the front of the residence. The landing/step portion of
the residence will cross the front platted building line by six (6) feet, resulting in a
front setback of 19 feet. The landing/step portion of the residence will be uncovered
and unenclosed.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet. Section 31-12(b) of the Subdivision Ordinance requires that
building line encroachments be reviewed and approved by the Board of Adjustment.
APRIL 29, 2019
ITEM NO.: 5 (CONT.) Z-9410
Therefore, the applicant is requesting variances from these ordinance standards to
allow the steps and landing portion of the new residence with reduced front setback
and which crosses a front platted building line.
Staff is supportive of the requested front setback and building line variances. Staff
views the request as reasonable. The requested front encroachment is for only a
small portion (150 square feet) of the overall residence. The landing/step portion
will remain uncovered and unenclosed. Because of the curvature of the street, the
residence will not have the appearance of being out of alignment with other adjacent
residences. Staff believes the proposed landing/step portion of the residence will
have no adverse impact on the adjacent properties or the general area.
If the Board approves the building line variance, the applicant will have to complete
a one-lot replat reflecting the change in the platted front building line for the
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 approval of the requested setback and building line variances,
subject to the following conditions:
1.Completion of a one-lot replat reflecting the change in the front platted
building line as approved by the Board.
2.The landing/step portion of the residence must remain uncovered and
unenclosed.
Board of Adjustment (April 29, 2019)
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 staff, including all staff comments and conditions. The
vote was 4 ayes, 0 noes and 1 absent.
2
Blaine and Cindra Burgess
14324 Orleans Drive
Little Rock, Arkansas 72211
Re: 111 Weston Place
Little Rock, Arkansas 72211
Final Plot Plan
Lot 3, Block 17
The Villages of Wellington
Little Rock, Arkansas
To Whom it May Concern:
We have recently purc hased the home located at 111 Weston Place, in the Villages of Wellington
subdivision here in Little Rock. The house was in a state of roughly 75% -80% completion when
purchased and has sat in a state of partial completion for nearly 2 ½ years by our best estimate.
In our attempt to finish construction of our new home, it was discovered that the original survey was
inaccurate, due to a shifting of the structure on the lot, for reasons unknown to us. As a result, while
trying to design a front entry with curb appeal worthy of ours and the surrounding residences, it was
determined that there was only two feet (2' 0") available to construct our stairs which would be
impossible based on the required setback.
r have received an architect's sketch rendering of what we would propose for a sufficient entryway,
working hard to correct what we have inherited, while also maintaining the standards of appearance for
such a fine neighborhood. Based on the sketch and our contractor's bid to completion, we would
require a variance on the setback of 6.0' X 25.0' to construct our landing and steps on such a steeply
graded lot. As our house is situated on a curved corner lot, I do not believe there would be any
encroachment of the sight lines, nor do I anticipate there would be any objections from our new
neighbors. They will be thrilled to have this eyesore cleaned up with construction finally completed.
I appreciate your thoughtful consideration of our request for a setback variance of 6.0' X 25.0' and look
forward to your reply.
Blaine A. Burgess
APRIL 29, 2019
ITEM NO.: 6
File No.: Z-9411
Owner: 2318 Palm, LLC
Applicant: Fred Lord
Address: 2318 N. Palm Street
Description: Lots 9-12, Block 9, Country Club Heights Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section
36-254 and 36-156 to allow a new residence with reduced rear
setback and an accessory structure with reduced front
setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A Public Works Issues:
No Comments
B.Staff Analysis:
The R-2 zoned property located at 2318 N. Palm Street is occupied by a two-story
brick single family residence located near the center of the overall property. The
property is located on the west side of N. Palm Street, at the north end of the street
where it dead-ends into the Little Rock Country Club golf course. A one-car wide
driveway from N. Palm Street is located near the southeast corner of the property.
An accessory structure is located along the south property line.
The applicant proposes to remove the existing residence and accessory structure
from the property, and construct a new two-story residence and accessory structure,
as noted on the attached site plan. The proposed residence and accessory structure
will occupy essentially the same foot print as the existing structures, and will have a
similar architectural style. The proposed residence will be located 25 feet back from
the front (east) property line and 20.5 feet (at its closest point) from the rear (west)
property line. The proposed residence will be located 42.6 feet from the north side
property line and over 50 feet from the south side property line. The proposed
accessory (detached) structure will be located 51 feet back from the front (east)
property line, approximately 60 feet from the rear (west) property line and 10.8 feet
APRIL 29, 2019
ITEM NO.: 6 (CONT.) Z-9411
from the south side property line. The accessory structure will be separated from
the principal structure by 16.6 feet.
Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear
setback of 25 feet for principal structures in R-2 zoning. Section 36-156(a)(2)c.
requires a minimum front setback of 60 feet for accessory structures. Therefore, the
applicant is requesting variances from these ordinance standards to allow the
proposed residence with a reduced rear setback and the accessory structure with a
reduced front setback.
Staff is supportive of the requested setback variances for the proposed residence
and accessory structure. Staff views the request as reasonable. The proposed
residence and accessory structure will occupy essentially the same foot print as
the existing structures. The two (2) setback variances are very minor in nature and
will not be out of character with other principal and accessory structures in the
neighborhood. Staff believes the proposed residence and accessory structure with
reduced setbacks will have no adverse impact on the adjacent properties or
general area.
C.Staff Recommendation:
Staff recommends approval of the requested setback variances, as filed.
Board of Adjustment (April 29, 2019)
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 staff, including all staff comments and conditions. The
vote was 4 ayes, 0 noes and 1 absent.
2
Fred Lord, Builder, Inc.
P.O. Box 17567, Little Rock. AR 72222-7657 501-821-1212 flbld@aol.com
March 5, 2019
City of Little Rock
Department of Planning & Development
723 W Markham Street
Little Rock, AR 72201
Dear Board of Adjustment:
We propose to build a new home at 2318 North Palm Street to replace the existing home currently on
that site. Being sensitive to the historical and architectural nature of the existing home, we propose to
build a new home that reflects the same style and architectural detail of the existing structure.
We intend to build the home within the 25' setback line on the East side, or street side of the property,
but are seeking a variance to encroach into the 25' setback on the West side, or rear of the property
4'6" in order to satisfy the space requirements of the new home. We have spoken to the property
owners directly to our West (who are also building a new home} and they have no objection to
this encroachment.
We are also seeking a variance to have an accessory building located 51' from the front, or East property
line, instead of the 60' requirement. The reasons for this are two-fold:
1)We are trying to preserve a 12' oak tree and several 6' magnolia trees immediately
to the West of the proposed structure, and
2)We think it would be more aesthetically pleasing for the neighborhood to have the
accessory building line up with the garage portion of the main structure
Thank you for your consideration in this matter.
Sincerely,
Fred Lord
Agent for 2318 N. Palm LLC
APRIL 29, 2019
ITEM NO.: 7
File No.: Z-9412
Owner: David and Sheffield Duke
Applicant: Ellen Yeary
Address: 5401 Sherwood Road
Description: Lot 184, Prospect Terrace No. 3 Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section
36-254 to allow a deck addition with reduced side setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A Public Works Issues:
No Comments.
B.Building Codes Comments:
The required fire separation distance (building to property line) prescribed by the
building code terminates at five (5) feet. Buildings are allowed to be closer than
five (5) feet if they have properly constructed fire walls which provide the requisite
one (1) hour fire resistance rating. When buildings are five (5) feet or more from
the property line, the requirement no longer applies to the wall itself, only the
projections such as eaves or overhangs.
Openings such as doors and windows are limited when the exterior wall is three (3)
feet from the property line, and are prohibited when the exterior wall is Jess than
three (3) feet from the line. There is no restriction on openings when the exterior
wall is more than three (3) feet from the property line.
Contact the City of Little Rock Building Codes at 371-4832 for additional details.
C.Staff Analysis:
The R-2 zoned property at 5401 Sherwood Road is occupied by a two-story frame
single family residence. The property is located on the south side of Sherwood Road,
west of N. Harrison Street. A circular driveway from Sherwood Road serves as
APRIL 29, 2019
ITEM NO.: 7 (CONT.) Z-9412
access to the property. The property slopes downward from front to back (north to
south). An elevated deck, approximately eight (8) feet above grade, is located at
the southeast corner of the residence. The deck is uncovered and unenclosed.
The applicant proposes to remove the existing deck from the rear, southeast corner
of the residence and construct a new deck, as noted on the attached site plan. The
new deck addition will be slightly larger than the existing deck. The new deck will
be located 1.5 feet to two (2) feet back from the east side property line. The steps
leading from the existing deck to the rear yard area will remain, as the new deck will
maintain the same elevation above grade as the existing deck. The proposed new
deck will have a 36 inch high solid deck rail. Seven (7) foot high operable shutters
will be located along the north and east sides of the new deck.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side
setback of approximately 5.9 feet. Therefore, the applicant is requesting a variance
to allow the new deck addition with a reduced side setback.
Staff is supportive of the requested variance to allow a reduced side setback for
the new deck addition. Staff views the request as reasonable. The proposed deck
addition will be uncovered and unenclosed (except for the operable shutters), and
should have a very minimal visual impact on the adjacent properties. The property
owners immediately to the east have submitted a letter of support for the new deck
structure. Staff believes the proposed deck with reduced side setback will have no
adverse impact on the adjacent properties or the general area.
D.Staff Recommendation:
Staff recommends approval of the requested side setback variance, subject to the
following conditions:
1.Compliance with the Building Codes requirements as noted in Paragraph B.
of the staff report.
2.The deck addition must remain uncovered and unenclosed (except for the
operable shutters).
Board of Adjustment (April 29, 2019)
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 staff, including all staff comments and conditions. The
vote was 4 ayes, 0 noes and 1 absent.
2
Yeary Lindsey Architects
March 25, 2019
Mr. Monte Moore
Department of Planning and Development
723 West Markham
Little Rock, AR 72201
Re: David and Sheffield Duke Variance Request
5401 Sherwood Road
Little Rock, AR
Dear Monte,
Please find attached our submittal to the Little Rock Board of Adjustments requesting a
variance regarding the property at 5401 Sherwood Road.
Our clients are requesting a variance to the side yard setback regulations in order rebuild and
extend their existing second-floor deck. We are asking that we be allowed to build within 18" of
the existing fence line which is on the property line. The main floor of the house is elevated an
average of 6 to 8 ½' above grade and the proposed deck will be elevated similarly. This puts the
decking at or above the top of the fence line as it travels toward the back of the site. The east
property and fence line also angles away from the house so that the 18" space will only occur
twice and widens as the fence line splays back to the south.
The existing elevated deck was previously screened by plantings on the adjacent neighbor's
property but new neighbors have removed all plantings and poured a concrete drive to the
fence line to access a new two story addition with parking below. Our clients plan to do a solid
deck rail 36" high with operable shutters to 7' high on the north and east sides to reclaim some
privacy from the east side in particular.
If you have any questions or need further information, please feel free to contact me. We
app reciate your consideration of our request.
Thank you.
Sincerely,
Ellen Yeary, AIA, LEED AP
3416 Old Cantrell Road Little Rock, Arkansas 72202 501-372-5940 Fax: 501-663-0043
SHEFFIELD C. DUKE
5401 SHERWOOD ROAD
LITTLE ROCK, AR 72207
April 12, 2019
Mr. Gary Duke
Mr. Jeffery Chapman
5327 Sherwood Road
LittIe Rock, AR 72207
Re: Requested Variance for Reduced Side Setback
Dear Gary and Jeffery,
David and I have hired Ellen Yeary to design the restoration of our deck to recover some
privacy. Ellen has recommended that we request a reduced side setback to extend the deck to the
east. The deck expansion would be one foot from the fence between our prope1ties. This plan
requires us to apply for a zoning variance, and the public hearing is scheduled for April 29, 2019
at 2:00. Ellen also recommended that we ask you two to sign a letter approving the deck
addition and the requested reduced side set back. David and I felt that it would be easier for us
to draft this letter to evidence your consent. Please let us know if you have problems with our
request for the zoning variance. Otherwise, we would appreciate your approval of the variance
by signing this consent.
APPROVAL
By signing this Approval, we both consent to your request for the reduced side setback
between our adjoining prope1iies, and request the City to grant your request for a reduced set
back autl1orizing you to expand your deck to one foot between our deck and your fence.
GARY DUKE
Date:
JEFFERY CHAPMAN
Date:
DATE: Ar/l.,;,' / -z--, , � t 5
BOARD OF ADJUSTMENT VOTE RECORD
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MEMBER
ALLISON, FRANK
BERTRAM, JAM ES
GRINDER, AUSTIN
JUSTUS, JOE
LINDSEY POLK, CAROLYN
TIME IN AND TIME OUT
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BERTRAM, JAM ES
GRINDER, AUSTIN
JUSTUS, JOE
LINDSEY POLK, CAROLYN
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A ABSENT .1_ABSTAIN Meeting Adjourned
't�of P.M.
APRIL 29, 2019
There being no further business before the Board, the meeting was adjourned at 2:04
p.m.
Date:
Chairman Secretary