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HomeMy WebLinkAboutboa_08 26 2019LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES AUGUST 26, 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 July 29, 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 AUGUST 26, 2019 2:00 P.M. I.OLD BUSINESS: A.Z-9427 1904 N. Cleveland Street B.Z-5849-B 5201 Hawthorne Road C.Z-9438 7807 Illinois Street D.Z-9439 6404 Heather Lane II.NEW BUSINESS: 1.Z-3459-K 11 Mabelvale Plaza Lane 2.Z-9268-A 1908 Kimberly Drive 3.Z-9447 38 Greathouse Bend Drive 4.Z-9448 610 Center Street AUGUST 26, 2019 ITEM NO.: A File No.: Z-9427 Owner: Mark and Amy Sikes Applicant: Katie Bruhl Address: 1904 N. Cleveland Street Description: Lot 4 and part of Lot 5, Block 2, Forest Park Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Sections 36-254 and 36-156 to allow an addition to an existing house with reduced side setback and an accessory carport structure with reduced side setback and separation from the principal structure. 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 less 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. AUGUST 26, 2019 ITEM NO.: A (CON'T.) Z-9427 C.Staff Analysis: The R-2 zoned property located at 1904 N. Cleveland Street is occupied by a one­ story brick and frame single family residence. The property is located on the west side of N. Cleveland Street, between Kavanaugh Blvd. and "R" Street. A one-car wide driveway from N. Cleveland Street is located at the northeast corner of the property. The driveway extends along the north side of the house to a one-car garage at the northwest corner of the residence. A single car carport is attached to the east end of the garage structure. The appli cant proposes to construct a one-story, 1,000 square foot addition to the rear (west end) of the existing residence, as noted on the attached site plan. The proposed addition will be one (1) story in height, with finished living space within the attic area. The proposed addition will be located four (4) feet to 4.5 feet back from the south side property line and approximately 15 feet from the north side property line. The addition will be located over 50 feet back from the rear (west) property line. A 10 foot wide deck will be located on the rear of the addition, also noted on the attached site plan. The proposed deck will be uncovered and unenclosed, and located approximately 4 7 feet from the rear (west) property line and 3.5 feet from the south side property line. The applicant also proposes to reconstruct the carport portion of the accessory garage/carport structure. The reconstructed carport will maintain the same foot print as the existing carport. It will be located two (2) feet to 2.5 feet from the north side property line and separated from the proposed house addition by one (1) foot. The carport will be located approximately 68 feet back from the front (east) property line. The carport will be unenclosed on its north and east sides. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of six (6) feet for the principal structure on this R-2 zoned lot. Section 36- 156(a)(1 )f. requires a minimum side setback of three (3) feet for accessory structures in residential zoned areas. Section 36-156(a)(1 )b. requires a minimum separation of six (6) feet between a principal structure and an accessory structure. Therefore, the applicant is requesting variances from these ordinance requirements to allow the building addition and deck with a reduced side setback, and the carport reconstruction with a reduced side setback and reduced separation from the principal structure. Staff is supportive of the requested variances. Staff views the request as reasonable. The proposed addition to the house and reconstruction of the carport structure will maintain the same side setbacks as the existing house and carport. The proposed side setbacks will not be out of character with other properties throughout this neighborhood. Ample separation will exist between the proposed additions and the nearest structures to the north and south. Staff believes the proposed addition with reduced side setback and separation will have no adverse impact on the adjacent properties or the general area. 2 AUGUST 26, 2019 ITEM NO.: A (CONT.) Z-9427 D.Staff Recommendation: Staff recommends approval of the requested setback and separation variances, 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. 3.The carport must remain unenclosed on its north and east sides. Board of Adjustment (June 24, 2019) Staff informed the Board that the applicant submitted a letter to staff on June 17, 2019 requesting the application be deferred to the July 29, 2019 agenda. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the July 29, 2019 agenda. The vote was 4 ayes, 0 noes and 1 absent. Staff Update: The applicant submitted a letter to staff on July 16, 2019 requesting this application be deferred to the August 26, 2019 agenda. Staff supports the deferral request. Board of Adjustment (July 29, 2019) Staff informed the Board that the applicant requested this application be deferred to the August 26, 2019 agenda. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the August 26, 2019 agenda. The vote was 5 ayes, 0 noes and 0 absent. Board of Adjustment (August 26, 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. 3 AUGUST 26, 2019 ITEM NO.: A (CONT.) Z-9427 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. 4 May 20, 2019 Department of Planning and Development Board of Adjustment 723 West Markham Little Rock, AR Re: 1904 N. Cleveland Street I am writing this letter in regards to my application for a building variance at 1904 N. Cleveland Street. The intention is to remove a previous addition to our single-family residence and replace it with a new addition and renovation of the existing house. The addition to be removed is approximately 27' wide by 10' deep. We would like the new addition to align with the walls of the original house, approximately 40' wide, and extend 25' from the original house. We would also like to include a deck and a new carport to replace the existing carport attached to our garage. On the attached site plan, you can see that aligning the walls of the addition with the original house will fall within the building setback on the South side of our property, and the carport replacement will fall within the North setback. The proposed addition and renovation will remain in similar character of the neighborhood. We feel that aligning the addition with the original house will give the entire house a more cohesive appearance, less like an addition. Please let us know if you require any additional information. Thank you, Amy Sikes AUGUST 26, 2019 ITEM NO.: B File No.: Z-5849-B Owner: Robert and Megan Janes Applicant: Scott Greenwood Address: 5201 Hawthorne Road Description: Lot 1, Block 11, Newton's Addition Zoned: R-2 Variance Requested: A variance is requested from the fence height 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: 1.City of Little Rock Code of Ordinances §30-43(b) prohibits the installation of retaining walls on public property. 2.The proposed fence creates an unnecessary visual obstruction and hazard to drivers. 3.The Public Works staff does not seek removal of existing landscaping improvements at this location and at the time of this review; however, new construction of fences, walls or other barriers within the public right-of-way is not permitted. Staff Update: The applicant contacted staff on July 16, 2019 and requested this application be deferred to the August 26, 2019 agenda in order to work out details with the Public Works Department. Staff supports the deferral request. AUGUST 26, 2019 ITEM NO.: B (CONT.) 5849-B Board of Adjustment (July 29, 2019) Staff informed the Board that the applicant requested this application be deferred to the August 26, 2019 agenda. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the August 26, 2019 agenda. The vote was 5 ayes, 0 noes and 0 absent. Staff Update: The applicant contacted staff on August 13, 2019 and requested this application be deferred to the September 30, 2019 agenda in order to work out details with the Public Works Department. Staff supports the deferral request. Board of Adjustment (August 26, 2019) Staff informed the Board that the applicant requested this application be deferred to the September 30, 2019 agenda. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the September 30, 2019 agenda. The vote was 4 ayes, 0 noes and 1 absent. 2 Robert and Megan Janes 5201 Hawthorne Road Little Rock, AR 72223 6/25/2019 The following is a request to extend existing 18" tall flower bed and curb headed North 30' and to return back West to tie into front steps. We also request to extend the existing 48" tall fencing on the East side of the house headed North 26' and to return West into existing front step stone veneer. We request a variance to have this new fencing and the existing fencing on the East side of the property to be 6' tall above the finished stone terrace. Fence construction will be concrete with a stucco veneer on all sides with one 40" walk gate to access the driveway. This request will be helpful to create more security on this side of the house which has two existing large French door entrance. Currently the open iron low fencing is easily accessible for potential intruders. The lower flower bed will be planted with similar evergreens to the existing plants. AUGUST 26, 2019 ITEM NO.: C File No.: Z-9438 Owner/Applicant: Cheryle Fox Address: 7807 Illinois Street Description: Lot F, Block 1, Killarney Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a carport addition with reduced front and side setbacks 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 7807 Illinois Street is occupied by a one-story brick and frame single family residence. The property is located on the south side of Illinois Street, west of N. Mississippi Street. A two-car wide driveway from Illinois Street is located at the northeast corner of the lot. The lot contains a 25 foot front platted building line. The applicant recently began construction of a two-car wide attached carport over a portion of the existing driveway, as noted on the attached site plan. The carport structure is approximately 18.5 feet by 23.5 feet in area. The structure is unenclosed on its north, east and west sides. The carport addition is located approximately five (5)feet from the front (north) property line, extending approximately 20 feet across the front plated building line. The carport addition is located five (5) feet from the east side property line. Construction on the carport addition ceased when a notice of violation was issued to the applicant by the City's zoning enforcement staff. Sections 36-254(d)(1) and (2) of the City's Zoning Ordinance require a minimum front setback of 25 feet and a minimum side setback of 6.25 feet. Section 31-12(b) AUGUST 26, 2019 ITEM NO.: C (CONT.) Z-9438 of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the building addition with reduced front and side setbacks and which crosses a front platted building line. Staff does not support the requested setback and building line variances. Staff does not view the request as reasonable. The proposed front setback and building line encroachment will be very much out of character with the general area and most specifically the other residences along the south side of Illinois Street, between Biscayne Drive and N. Mississippi Street. There are no other similar encroachments along this portion of Illinois Street or other surrounding streets. Staff believes the proposed carport addition with front setback and building line encroachments has an adverse visual impact on the surrounding properties. If the Board approves the building line variance, the applicant will have to complete a one-lot replat reflecting the change in the 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 setback and building line variances. Board of Adjustment (July 29, 2019) Cheryle Fox was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Cheryle Fox addressed the Board in support of the application. She noted that a friend was helping her build the carport addition and that the friend was not a contractor. She explained that the carport would allow safe access to her house and for possible future wheelchair access. She noted that the carport addition was unenclosed. Chairman Allison noted that the proposed front setback was a significant encroachment and was out of character with the area. There was a brief discussion regarding the carport encroachment and reasons for the proposed depth of the carport. There was additional discussion about the possibility of Ms. Fox revising the application by decreasing the size/depth of the proposed carport addition, thereby increasing the front setback. The Board indicated to Ms. Fox that letters of support from immediate neighbors could help her case for a reduced front setback. Ms. Fox requested that the application be deferred to the August 26, 2019 agenda to give her time to explore her options. A motion was made to defer the application to the August 26, 2019 agenda. The vote was 5 ayes, 0 noes and O absent. The application was deferred. 2 AUGUST 26, 2019 ITEM NO.: C (CONT.) Z-9438 Staff Update: The applicant submitted a revised site plan to staff on August 14, 2019. The revised plan reduces the depth of the proposed carport addition from 23.5 feet to 18.5 feet (as measured from the front fa9ade of the residence) and 18.8 feet to 13.8 feet (as measure from the front of the porch.) The revised plan increases the proposed front setback from five (5) feet to ten (10) feet. Staff continues to recommend denial of the requested setback and building line variances. Staff continues to feel that the proposed addition with reduced front setback is out of character with the other houses in the neighborhood. Board of Adjustment (August 26, 2019) Cheryle Fox was present, representing the application. There were no objectors present. Staff presented the application, as revised, with a recommendation of denial. Cheryle Fox addressed the Board in support of the application. She presented letters and signatures from surrounding property owners in support of the application. There was a brief discussion regarding the proposed front setback as revised by the applicant. Staff noted that both adjacent property owners to the east and west signed Ms. Fox's letter of support. There was a motion to approve the revised application, 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 carport addition must remain unenclosed on its east, west and north sides. The motion passed by a vote of 4 ayes, 0 noes and 1 absent. The revised application was approved. 3 This proposal is to request and substantiate the grant of a variance for a covered area at 7807 Illinois Street, Little Rock Arkansas72227. The petitioner's need for this covering stems from a disability and handicapped need. The covering would provide additional safety to prevent falls from standing water and ice on driveway. The structure will allow parking on property. The neighbors would not be burdened with having to navigate around more parked vehicles in a quiet residential neighborhood. There are similar structures on this street as well as adjacent streets. Therefore granting this variance would not represent any unique or special privilege. The architecture was intentionally designed with all sides open to present a low-key profile. The granting of such variance will not be detrimental to public welfare and causes no harm to either public or private interest. In fact granting this proposal will serve only to create a more visually pleasing home. Additionally the proposed variance being requested does not encroach or infringe on any neighboring properties, nor would it impose hardship on any neighbors. It would not serve to create a situation where any neighbor's quality of life, property value, or peaceful co­ existence would be negatively affected. It will allow petitioner to create a safer entrance to home. Thank you for your consideration. Respectfully submitted, Cheryle Fox Attachments enclosed DISABLED PERSON'S ACCESS TO PARKING APPLICATION For Issuance of Special License Plate or Placard for a Disabled Person Name: Address: CHERYLE J FOX 7807 ILLINOIS ST LITTLE ROCK AR 72227-4005 Disability Code: A -CANNOT WALK 1 00FT Issue Date: 11-Jun-2019 Plate or Placard Number: 9939075 Letter ID: L0808869728 Vehicles qualified to display Special Plate or Placard is as follows: Passenger Vehicles (automobiles), Light Trucks (including vans), with¾ ton or less manufacturer's rated capacity or larger vehicles (placard only) if the vehicle is specially adapted for use by disabled individuals through the use of lift, ramp, hand controls, etc. I hereby certify that I am qualified to-display the Special License Plate or Placard authorized by Arkansas Code 27-15-308., which states that if the applicant, dependent of the applicant or any individual who depends primarily on the applicant for more than 60% of his/her transportation is disabled as determined by a physician according to the criteria listed in the Act (see doctor's certification form) or if the applicant is an organization, the owner of the vehicle may apply for a Special Plate or Placard. Signature of PPlicant Address: / t{}] dQ01 IV]Q,(/4 Sf-_ � RdZ_, M 3-ZZZ f rm081 You can skip the trip to the OMV by completing many driver and motor vehicle services online at mydmv.arkansas.gov. AUGUST 26, 2019 ITEM NO.: D File No.: Z-9439 Owner/Applicant: Marilyn Grady Address: 6404 Heather Lane Description: Lot 34, Block 9, Richland Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a carport addition with reduced front and side setbacks 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 6404 Heather Lane is occupied by a one-story frame single family residence. The property is located on the north side of Heather Lane, between Richland Drive and Loma Drive. A two-car wide driveway from Heather Lane is located at the southeast corner of the property. The lot contains a 25 foot front platted building line. The applicant proposes to construct a two-car wide metal carport addition to the front of the residence, as noted on the attached site plan. The proposed carport addition will be 20 feet by 20 feet in area. The structure will be unenclosed on its south, east and west sides. The carport addition will be located approximately nine (9) feet from the front (south) property line, extending approximately 16 feet across the front platted building line. The carport addition will be located approximately two (2) feet from the east side property line. Sections 36-254(d)(1) and (2) of the City's Zoning Ordinance require a minimum front setback of 25 feet and a minimum side setback of six (6) feet. Section 31-12(b) of the Subdivision Ordinance requires that building line encroachments be reviewed AUGUST 26, 2019 ITEM NO.: D (CON'T.) Z-9439 and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the building addition with reduced front and side setbacks and which crosses a front platted building line. Staff does not support the requested setback and building line variances. Staff does not view the request as reasonable. The proposed front setback and building line encroachment will be out of character with the general area and the other residences along both sides of Heather Lane. There is one (1) similar encroachment with a metal carport addition immediately to the east at 6406 Heather Lane. Staff believes this carport structure was constructed within the last five (5) years and constitutes a zoning violation. Staff will initiate enforcement on this violation. Otherwise, there are no similar encroachments along either side of Heather Lane. Staff believes the proposed carport addition with front setback and building line encroachments will have an adverse visual impact on the surrounding properties. If the Board approves the building line variance, the applicant will have to complete a one-lot replat reflecting the change in the 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 setback and building line variances. Board of Adjustment (July 29, 2019) Marilyn Grady was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Marilyn Grady indicated that she wished not to speak at this time. Chairman Allison noted that he would like to see the carport addition centered over the driveway and pulled away from the side property line. Carolyn Lindsey-Polk noted that the carport addition could be placed along side of the house in addition to the front of the residence, if the company making the carport had that flexibility. Vice-Chair Bertran asked what company would be making and installing the carport. Ms. Grady noted that it would be Custom Covers of Arkansas. She presented paperwork/brochures from that company to the Board. There was additional discussion about the possibility of Ms. Grady revising the application by centering the carport addition over the existing driveway and decreasing the size/depth of the proposed carport addition, thereby increasing the front setback. The Board indicated to Ms. Grady that letters of support from immediate neighbors could help her case for reduced front setback. 2 AUGUST 26, 2019 ITEM NO.: D (CONT.) Z-9439 Ms. Grady requested that the application be deferred to the August 26, 2019 agenda to give her time to explore her options. A motion was made to defer the application to the August 26, 2019 agenda. The vote was 5 ayes, 0 noes and 0 absent. The application was deferred. Staff Update: The applicant submitted a revised site plan to staff on August 2, 2019. The revised site plan reduces the size of the proposed carport addition from 20' x 20' to 14' x 20'. The smaller proposed carport addition has been moved and centered over the existing two­ car wide driveway, increasing the proposed side setback from two (2) feet to five (5) feet. The proposed front setback has been increased from nine (9) feet to 13 feet. Staff is supportive of the requested setback and building line variances associated with the revised site plan. Staff's support is based primarily on the fact that there are four (4) or five (5) other similar carport encroachments within this subdivision. Staff feels that the applicant has decreased the size of the proposed carport addition as much as possible, so as to still allow parking and access to the house being out of the weather. Staff believes the proposed carport with setback and building line variances will have no adverse impact on the adjacent properties or the general area. Revised Staff Recommendation: Staff recommends approval of the requested setback and building line variances, as associated with the revised site plan, 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 carport addition must remain unenclosed on its east, west and south sides. Board of Adjustment (August 26, 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 AUGUST 26, 2019 ITEM NO.: 1 File No.: Z-3459-K Owner: Home Depot USA, Inc. Applicant: Jill Hopkins, Anchor Sign Address: 11 Mabelvale Plaza Lane Description: South side of Mabelvale Plaza Lane at Mabelvale Pike Zoned: C-3 Variance Requested: A variance is requested from the sign provisions of Section 36-555 to allow a ground-mounted sign with increased height. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial (Home Depot Store) Proposed Use of Property: Commercial (Home Depot Store) STAFF REPORT A Public Works Issues: No Comments. B.Staff Analysis: The C-3 zoned property located at 11 Mabelvale Plaza Lane is occupied by an existing Home Depot development. A large commercial building with outdoor garden center is located within the south half of the property. Paved parking is located with the north half of the property. Three (3) driveways from Mabelvale Plaza Lane serve as access to the property. An existing ground-mounted sign is located at the northwest corner of the property. The existing sign is 35 feet tall, with 160 square feet of sign area. The applicant proposes to raise the height of the existing ground-mounted sign from 35 feet to 70 feet. The applicant notes that the proposed sign height is requested so that the sign can be seen above the existing trees around the sign location. Section 36-555(a)(2) of the City's Zoning Ordinance allows a maximum sign height of 36 feet and a maximum sign area of 160 square feet for signs in commercial zoning. Therefore, the applicant is requesting a variance to allow the increased sign height of 70 feet. Staff does not support the requested sign height variance. Staff does not view the request as reasonable. Although there are some taller ground-mounted sign in this AUGUST 26, 2019 ITEM NO.: 1 (CON'T.) Z-3459-K general area, staff feels that the proposed sign with increased height at this location will serve no real purpose. Given the location of existing trees, existing roadways and the 1-30 off-ramp to the west, staff believes that the sign will have no real value in identifying the property and directing vehicular traffic to the site. C.Staff Recommendation: Staff recommends denial of the requested sign height variance. Board of Adjustment (August 26, 2019) Jasper Burton was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Jasper Burton addressed the Board in support of the application. He explained that this Home Depot location was having a problem with people not being able to find the store, which was causing the store to have financial problems. He noted that the existing sign cabinet would be re-used on the taller pole. He explained that the Home Depot management felt that the taller sign would benefit the store. In response to a question from the Board, Mr. Burton estimated the trees surrounding the sign location to be approximately 50 feet tall. Mr. Burton requested that the application be deferred to the September 30, 2019 agenda in order to prepare more information for the Board. A motion was made to defer the application to the September 30, 2019 agenda. The vote was 4 ayes, 0 noes and 1 absent. The application was deferred. 2 July 23, 2019 City of Little Rock, AR Attn: Monty Moore AnchorSign� Department of Planning and Development 723 West Markham Street Little Rock, AR 72201 Phone: 501-371-4792 Dear Monty: In regards to: The Home Depot (HD-8919) 11 Mabelvale Plaza Lane Little Rock, AR 72209 J:f .P-,_ -� I t. -3.-fsi-JC Enclosed, please find a check for $65.00 for variance fees, an affidavit, a zoning variance application, and six sets of site plans and sign drawings for a variance to deviate from the signs permitted in commercial zones provision Section 36.555. We wish to increase the height of the pole sign from 35' to 70' to be seen above the trees that are obstructing the view of the sign. Please contact me right away if there is anything else that you will need or if you have any qu· tion . opkins rm it Coordinator Direct: 843-576-3241 Fax: 843-576-7241 Toll-Free: 800-213-3331 Email: jhopkins@anchorsign.com P.O. Box 22737 •Charleston.SC 29413 Charleston 843.747.5901 •Toll Free 1.800.213.3331 • Fax 843.747.5907 www.AnchorSign.com AUGUST 26, 2019 ITEM NO.: 2 File No.: Z-9268-A Owner/Applicant: Shamber Uzuh Address: 1908 Kimberly Drive Description: Lot 374, Twin Lakes Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a covered deck addition with a 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.Staff Analysis: The R-2 zoned property located at 1908 Kimberly Drive is occupied by a one-story brick and frame single family residence. The property is located on the west side of Kimberly Drive, between Labette Drive and Cerelle Drive. A two (2) car wide driveway from Labette Drive serves as access to the property. A two (2) car wide carport is located on the south side of the residence. A deck structure is located on the north side of the residence. The lot contains a 25 foot front platted building line. The deck located on the north side of the residence is a wood structure approximately 9.4 feet by 24.7 feet in area. The deck is located 0.6 foot to one (1) foot back from the north side property line. The deck floor is approximately one (1) foot to 1.5 feet above grade. The deck was covered by an arbor-type structure, supported by wood posts. The structure was not covered by a solid roof. Wood railing is attached to the wood posts. The applicant notes that the wood deck existed prior to her purchase of the property. The applicant attached six (6) foot high wood fence pickets to the north side of the deck structure. On October 30, 2017 the Board of Adjustment approved a variance for a reduced side setback for the existing deck. The side setback variance was approved with the following conditions: AUGUST 26 29, 2019 ITEM NO.: 2 (CONT.) Z-9268-A 1.The deck structure must remain unenclosed on its east, west and north sides. 2.The deck structure must not be covered with a solid roof. Staff supported the previously approved side setback variance. Staff's support was based primarily on the fact that the existing deck was unenclosed and not covered with a solid roof. Since the October 30, 2017 Board of Adjustment approval, the applicant has made changes to the deck addition. The applicant has constructed a solid roof over the deck structure and enclosed the deck with some type of screening. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of seven (7) feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to continue to allow the deck which has been covered and enclosed with screening with a side setback of 0.6 foot to one (1) foot. Staff does not support the side setback variance to continue to allow the deck addition as the applicant has modified the structure. Staff believes that it was very clear that the Board approved the deck addition as it existed in 2017, rather than having the applicant remove the deck structure from the property. It is staff's opinion that the applicant should restore the deck to its previous condition which existed on October 30, 2017 by removing the solid roof and screening from the deck structure. Staff suggests giving the applicant 30 days to restore the deck to its previous condition as was approved by the Board. C.Staff Recommendation: Staff recommends denial of the requested side setback variance to allow the previously approved deck structure with modifications. Board of Adjustment (August 26, 2019) Shamber Uzuh and Norma Ernest were present, representing the application. There was one (1) objector present. Staff presented the application with a recommendation of denial. Shamber Uzuh addressed the Board in support of the application. She explained that she misunderstood the conditions of the previous approval. She provided photos of the deck structure to the Board. Norma Ernest also spoke in support. She stated that they didn't know the deck was in violation when her daughter bought the house. She noted that it would be expensive to remove the roof from the deck structure. 2 AUGUST 26 29, 2019 ITEM NO.: 2 (CONT.) Z-9268-A Bernetta Levy addressed the Board in opposition. She noted that there was water run­ off onto her property since the solid roof was constructed on the deck structure. She noted that the original deck addition was not covered. There was a motion to approve the application. The vote was 0 ayes, 4 noes and 1 absent. The application was denied. Staff explained that the applicant had 30 days to appeal the Board's decision or take the deck back to its original state by removing the solid roof and screening enclosure from the deck structure. 3 Shamber Uzuh July 30, 2019 Dear Board of Adjustment: ft4L-;t:!-z i-o/z._tp-A ( -z_ p-s;l ) My name is Shamber Uzuh and I am the homeowner of the property of 1908 Kimberly Drive. I would like to share some information with the Board of Adjustment as to why I am requesting a variance in order to keep the approved deck enclosed. I have an approved variance for the deck on my property and now I am requesting a variance to keep the deck on my property enclosed I am requesting the variance because my home is my pride and joy, the deck was a major selling point in me purchasing my home. Keeping the deck enclosed would allow my family and me the opportunity to enjoy the deck without interruption from the weather elements, lighting and enhance the enjoyment and tranquil environment. Board of Adjustment I want you all to know that this experience has enlightened and educated me on how to be a better property owner and the necessary steps that need to be taken in order to make changes to my property in the future. I would like to apologize for not taking the appropriate steps in order to enclose the approved deck. I enclosed the deck for several reasons and for the reasons listed below detail why I believe the deck should be approved: The enclosing of the deck should be approved because: •My home has a usual lot configuration side facing home. •The enclosing of the deck has allowed me to preserve the major natural features of the deck and protect it from previous damage that was occurring during storms and weather damage. •The open deck allowed for destruction of my property during bad weather with destruction from rain, hail and weather elements. Enclosing the deck has helped to preserve deck furniture and the overal I structure of the deck and my home. •The enclosing of the deck has not caused any damage to adjacent properties, its enclosing has been harmless. I am more than willing to work with any adjacent property owner's to ensure that the enclosing does not affect their properties in any way. •Repairs and improvements to the deck can be made from the north and south side of my property without interruption to any of the adjacent properties. •The enclosing has helped to wean out the light pollution that from the adjacent property that shines brightly into the property owner's backyard. The light shines into the property owner's bedroom and bathroom. The deck is facing the side with the light and enclosing the structure has helped to dim the lighting and provide privacy. •There is a tree in the adjacent yard the hangs over my property. The tree causes large branches and leaves to break off into the deck structure. The enclosing of the deck has helped to prevent the large branches from causing damage to the deck structure. The enclosing has also helped to avoid damage and injury from the tree during bad weather. •Cost is expensive, would be out of excessive money, and would pose a financial hardship for me and my family on top of being a graduate student. •The deck has helped my family to grieve the loss of many family members and enclosing the space has added to the safety, privacy, and enjoyment of the property. Board of Adjustment I pray that you all find it in your hearts to see that we love our home and would be devastated mentally and financially if we had to tear down any part of our home. I pray that you see that I am an honest hardworking person who made a mistake in enclosing my deck. I want to again sincerely apologize, it was not my intention to go against any rules. My intention was only to make an improvement to my property to decrease damage from the weather and damage from adjacent trees and lighting pollution. Enclosing the deck has made my home and deck a wonderful experience. I am willing to do whatever needs to be done to work with the Board of Adjustment and any neighboring properties. I want to thank you all for the opportunity to tell you about my property and why I would like a variance to keep the property enclosed. Sincerely, Shamber Uzuh AUGUST 26, 2019 ITEM NO.: 3 File No.: Z-9447 Owner: William Meek Applicant: Matt Farris Address: 38 Greathouse Bend Drive Description: Lot 18, Greathouse Bend Estates Phase II Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow the covered patio portion of a new residence with a reduced side setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Lot 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 less 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 located at 38 Greathouse Bend Drive is currently undeveloped and tree covered. The lot slopes downward from back to front (south AUGUST 26, 2019 ITEM NO.: 3 (CONT.) Z-9447 to north). There is approximately 80 feet of grade change from the southwest corner of the lot to the northeast corner of the lot. The lot contains a 15 foot front platted building line along the north property line. The applicant proposes to construct a new single family residence on the property, as noted on the attached site plan. The residence will be located over 130 feet back from the front (north) property line and 60 feet back from the rear (south) property line. The main residential structure will be located over 25 feet back from the east and west side property lines. The proposed site plan includes a large covered patio area at the northwest corner of the residence. The covered patio will be located approximately 4.4 feet back from the west side property line. The covered patio area will be unenclosed on its north, south and west sides, and will have an outdoor fireplace along the west side of the patio area. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of eight (8) feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the covered patio area with a reduced side setback. Staff is supportive of the requested side setback variance. Staff views the request as reasonable. Because of the grade change within this property and the existing vegetation on this lot and adjacent lots, the proposed covered patio area will probably not be visible from the surrounding properties. The property owner at 32 Greathouse Bend Drive who also owns the adjacent undeveloped lot immediately to the west has submitted a letter of support for the requested side setback variance. Staff believes the proposed covered patio portion of the proposed residence 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 agenda staff report. 2.The portion of the covered deck area located within the eight (8) foot side setback must remain unenclosed on its north, south and west sides. Board of Adjustment (August 26, 2019) The applicant was present. There were no objectors present. Staff presented the item and a recommen dation 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 Lot 18 / #38 Greathouse Bend Variance Request Cover Letter I, Matt Farris of Farris Custom Homes Inc., on behalf of the property owners Will & Kim Meek, am requesting a building line variance for the West property line setback, to reduce it from the mandated 8' down to 4'. The reason for the variance request is that the existing property that borders this lot to the East has built up retaining walls, steps, vegetation, trees etc. up to the property line. On the same property line, we'll be erecting the driveway/retaining wall structure (~14' tall because of the lot's grade} for the new property we're building. To do this work will require excavating machines, concrete trucks, scaffolding etc. to be able to get to the work site, and do referenced work unencumbered and without the possibility of damaging the property of the adjoining neighbor. To facilitate this, I asked that the retaining wall/driveway boundary be moved 5' from the adjoining property line in question, moving the entire structure 5' to the West. This reduced the distance of the attached covered porch from the West side property line from an allowable 9.4' down to 4.4', necessitating this request for a variance. I have already gotten approval from the adjoining lot's owner for the variance before applying, and can have that approval in writing if requested. Thank you and I appreciate your time. Matt Farris 7/29/19 L i/...Jl)fr4 .... 1 !\/\ tl-La,.,,,� 5 being the legal property owner of #32 Greathouse Bend Drive Little Rock, AR 72207 and the owner of the lot adjoining the lot in question (Lot 18 / #38 Greathouse Bend Drive), have been informed and also acknowledge and accept the request for a building side set back variance request which would reduce the side setback from the City of Little Rock mandated "10% of the average width of lot, not to exceed 8"' down to 4' as indicated on the plot plan survey, completed by Blew & Associates and dated 7/8/2019. Property Owner Signature Date dflt:A-Subscribed to me a Notary Public on this _____________ day of �-- Notary Public My Commission Expires: \ o( l<o l �)- AUGUST 26, 2019 ITEM NO.: 4 File No.: Z-9448 Owner: Ramacoop LLC Applicant: Lamer Williams Address: 610 Center Street Description: West side of Center Street, between W. 6th and W.7th Streets Zoned: UU Variance Requested: A variance is requested from the development criteria provisions of Section 36-342.1 to allow an area of outdoor dining in the public right-of-way. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Restaurant and Bar Proposed Use of Property: Restaurant and Bar with Outdoor Dining STAFF REPORT A.Public Works Issues: 1.Encroachments on the right-of-way are prohibited without a franchise agreement with the City of Little Rock Public works. The applicant must submit an application for a franchise permit to Public works. The application must include a detailed plan of the proposed construction, which should include the property boundary, all proposed improvements, and existing improvements within the right-of-way. Also, the total square footage of encroachment and the lease rate of the property per square foot must be provided. Contact Vince Floriani (501) 371-4817 for more information. 2.Franchise agreements must be approved by the City of Little Rock Board of Directors. Public works cannot recommend any building permits for the proposed encroachment until a franchise agreement has been issued. 3.With the proposed outdoor facilities, pedestrians will be forced to use sidewalk which includes several obstacles and does not conform to Americans with Disabilities Act Accessibility Guidelines (ADAAG) and City of Little Rock standards. With construction of the outdoor facilities, the adjacent sidewalk must be improved in conformance with ADAAG. AUGUST 26, 2019 ITEM NO.: 4 (CONT.) Z-9448 B.Staff Analysis: The UU zoned property located at 610 Center Street is occupied by a two-story mixed use building. The property is located on the west side of Center Street, between W. 6th and W. 7th Streets. A restaurant with bar service (610 Bar and Grill) is located on the first floor of the building. Apartments are located on the second floor. As part of the restaurant use, the applicant is proposing an area of outdoor dining/seating within a portion of the sidewalk area, as noted on the attached site plan. The outdoor dining/seating will extend into the Center Street right-of-way approximately 6.67 feet from the front of the building. The outdoor dining/seating area will run approximately 28 feet along the front of the building. The outdoor dining/seating area will be enclosed with a three (3) foot high metal fence/railing. The outdoor area will have approximately 12 seats. Section 36-342.1 (d)(1 )a. of the City's Zoning Ordinance states that an area of outdoor dining shall not be located in the public right-of-way, nor shall it obstruct pedestrian movement, fire lanes, access to any business or areas designated for access by physically impaired. Therefore, the applicant is requesting a variance from this ordinance standard to allow the outdoor dining area to be located in the public right-of-way. Staff is supportive of the requested variance to allow an area of outdoor dining/seating in the public right-of-way. Staff views the request as reasonable. The proposed outdoor dining/seating use will not be out of character with the general area. Similar areas of outdoor dining/seating within the public right-of-way can be found throughout the downtown Little Rock area. The applicant will need to work with the Public Works Department to assure that ADAAG requirements are met with the remaining sidewalk area. Staff believes the proposed outdoor dining/seating area will have no adverse impact on the adjacent properties or the general area. C.Staff Recommendation: Staff recommends approval of the requested outdoor dining variance, subject to compliance with the Public Works requirements as noted in paragraph A. of the staff report. Board of Adjustment (August 26, 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 were 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 CENTER -BAR & GRILL - 610 Center Street I 501-374-4678 I sixtencenter@yahoo.com To Whom It May Concern: My name is Larry Lamor Williams. I am one of the managing members of FRAWST LLC which owns 610 Bar and Grill located at 610 Center Street in dow ntown Little Rock. We are requesting permission to add to the front of our business, a fence approximately three feet in height to extend to the north side of the building where there is a secure alleyway. We would add drink rails and small cafe tables to use this primarily as a smoking area that would allow patrons to bring their drinks outside so that we can be non-smoking inside. We have spoken with building owner Jay Cooper of Ramacoop LLC, and he is eager for the project to begin and assures us that the alleyway is covered in our lease agreement. Thank you in advance for your time and consideration and I am happy to answer any questions. BOARD OF ADJUSTMENT VOTE RECORD DATE: A/J&-()Sl 24 .JO l 5 1MEMBER ALLISON, FRANK BERTRAM, JAMES GRINDER, AUSTIN JUSTUS, JOE LINDSEY POLK, CAROLYN A TIME IN AND TIME OUT ALLISON, FRANK BERTRAM, JAMES GRINDER, AUSTIN JUSTUS, JOE LINDSEY POLK, CAROLYN f+ ✓ ✓ ✓ ✓ A t Ml� f)J'{' J f.6-Vi-A-A- "D )\ 3 l/ � I ✓ ✓ ✓ ✓ v v ✓ ✓ ✓ ✓ v' v ✓ ✓ ✓ ✓ v ✓ ✓ ✓ ✓ ✓ ✓ ✓ A-A A-f,< A A ;l • • • • A \tfU ......i.trb...- ✓AYE " NAVE --_A_ABSENT .A.£._ABST Al N Meeting Adjourned t: f7 P.M. AUGUST 26, 2019 There being no further business before the Board, the meeting was adjourned at 2:47 p.m. Date: Chairman Secretary