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boa_01 27 2020
LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES JANUARY 27, 2020 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 December 9, 2019 meeting were approved. Members Present: Frank Allison -Chairman Austin Grinder Joe Justus Carolyn Lindsey Polk Members Absent: Richard Bertram -Vice Chair City Attorney Present: Sherri Latimer LITTLE ROCK BOARD OF ADJUSTMENT AGENDA JANUARY 27, 2020 2:00 P.M. I.OLD BUSINESS: A Z-9364-A 1801 N. Harrison Street 11.NEW BUSINESS: 1.Z-6492-A 3607 Lilac Terrace 2.Z-8961-A 2923 N. Taylor Street 3.Z-9012-A 41 Edgehill Road 4.Z-9489 5144 Cantrell Road 5.Z-9490 8 Forest Heights Drive 6.Z-9491 1615 N. Hughes Street 7.Z-9492 125 Dennison Street JANUARY 27, 2020 ITEM NO.: A File No.: Z-9364-A Owner/Applicant: Christopher and Charlotte Gomlicker Address: 1801 N. Harrison Street Description: Northwest corner of N. Harrison Street and Cantrell Road Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 to allow 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.Staff Analysis: On October 29, 2018, the Board of Adjustment approved the applicant's request to allow construction of a 24.2 foot by 27 foot garage within the rear yard area of this lot. The garage was proposed to be located eight (8) feet from the rear property line and 8.5 feet from the street side (Cantrell) property line. The garage was to cover 39 percent of the required rear yard area. Section 36-156(a)(2)c. of the City's Zoning Ordinance requires that accessory structures in residential zones be located at least 15 feet from street side property lines. This same section also allows a maximum rear yard coverage of 30 percent. Staff supported the requested variances as not being out of character for the neighborhood. It was also noted that the Hillcrest DOD, located not far to the south, allowed 40 percent rear yard coverage. The structure has been constructed as approved. It was subsequently discovered by staff that the applicants added a 9. 7 foot by 21.4 foot unenclosed, lean-to cover onto the north side of the new garage building. The addition is built to within ½ foot of the north side property line. The code requires a three (3) foot side yard. JANUARY 27, 2020 ITEM NO.: A (CON'T.) Z-9364-A The addition has also increased the rear yard coverage to 56 percent, well above the allowable 30 percent and the 39 percent previously granted by the Board. Staff is not supportive of this new variance request. Although the lean-to addition is unenclosed, the resulting rear yard coverage substantially exceeds the prior Board approval and exceeds the rear yard coverage that is typical for the area. Additionally, the slope of the roof and its proximity to the side property line may result in water run-off onto the neighboring property. C.Staff Recommendation: Staff recommends denial. Board of Adjustment (December 9, 2019) Staff informed the Board that the applicant requested this application be deferred to the January 27, 2020 agenda. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the January 27, 2020 agenda. The vote was 5 ayes, 0 noes and 0 absent. Board of Adjustment (January 27, 2020) Christopher Gomlicker was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Christopher Gomlicker addressed the Board in support of the application. He presented a letter of support from the property owner immediately to the north. He noted that the neighbor was supportive of a gutter being placed on the north side of the lean-to structure. He explained that the size of the proposed accessory structure was not out of character with the neighborhood, and was smaller than other structures in the area. Chairman Allison expressed concern with the proposed zero (0) side setback and asked if the lean-to structure could be pulled back. Mr. Gomlicker noted that it could be cut back. Carolyn Lindsey Polk also expressed concern with the proposed setback. She noted that the Board could typically support a 1.5 foot side setback, including overhang. Mr. Gomlicker revised the application to provide a minimum 1.5 foot side setback (including overhang) with guttering provided to prevent water run-off onto the adjacent property to the north. There was a motion to approve the reduced side setback variance, as revised by the applicant, subject to the lean-to structure remaining unenclosed on its north, east and west sides. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The revised application was approved. 2 Christopher and Charlotte Gomlicker 1801 N. Harrison St., Little Rock, AR 72207 Telephone 501-680-3014 (cell) e-mail: famgom@sbcglobal.net Little Rock Board of Adjustment RE: Application for a residential zoning variance/1801 N. Harrison St., Little Rock, AR 72207 To whom it may concern: Please accept this letter in support of our request for a variance(s). Our request for variance(s) is for an open (on 3 sides) pad cover, affixed to the north side of our detached two-car garage. We would ask that the Board consider that the pad cover: (1) will reduce/eliminate the water intrusion through the original (1940-S0's?) cinder block north garage wall; (2) provide a protected (from sun/rain/ice) area to place outdoor items (i.e. canoe/grill/plants); (3) will blend in visually in a low-key unobtrusive manner; and, (4) it will not infringe, encroach or create any undue burden on any existing neighboring residence. We thank you in advance for your gracious consideration of the foregoing. Sincerely, Christopher Gomlicker & Charlotte Gomlicker JANUARY 27, 2020 ITEM NO.: 1 File No.: Z-6492-A Owner/Applicant: Guy and Kay Maris Address: 3607 Lilac Terrace Description: Lot 53-R, Riverside Addition Zoned: R-3 Variance Requested: A variance is requested from the area provisions of Section 36-255 to allow a carport 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.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-3 zoned property at 3607 Lilac Terrace is occupied by a two-story frame single family residence. The property is located on the south side of Lilac Terrace, east of Cantrell Road. A one-car wide ribbon driveway is located at the northwest corner of the lot. The driveway appears to be a shared driveway with the property immediately to the west. The lot contains a 26 foot front platted building line. JANUARY 27, 2020 ITEM NO.: 1 (CONT.) Z-6492-A The applicant is in the process of constructing a one-story addition to the rear of the residence as noted on the attached site plan. The addition will be 30 feet by 33 feet (990 square feet) in area. The addition will be located at least 10 feet back from the east and west side property lines and 27 to 29 feet back from the rear (south) property line. As part of the project, construction of a 10.4 foot by 17.4 foot carport addition along the west side of the new addition was started. The carport portion is located on the west side property line, with a zero (0) side setback. The applicant is continuing construction on the main addition, but has suspended construction on the carport portion pending action by the Board of Adjustment. Section 36-255(d)(2) of the City's Zoning Ordinance requires a minimum five (5) foot side setback for the proposed carport addition. Therefore, the applicant is requesting a variance to allow the carport addition with a zero (0) side setback. Staff is not supportive of the requested side setback variance. Staff does not view the request as reasonable. The zero (0) side setback will not allow the structure to be constructed and maintained without encroaching onto the adjacent property to the west. Staff can typically support a minimum side setback of 1.5 feet for open, carport-type structures. Additionally, staff does not know how a carport structure on the west side of the residence will impact the cross access issue. Staff believes the proposed carport addition with reduced side setback will have an adverse impact on the adjacent property to the west. D.Staff Recommendation: Staff recommends denial of the requested side setback variance. Board of Adjustment (January 27, 2020) Guy Maris was present, representing the application. There was one (1) objector present. Staff presented the application with a recommendation of denial. Guy Maris addressed the Board in support of the application. He noted that the carport structure would create no fire hazard. He explained that the proposed carport structure created no cross-access issue with the property to the west. He noted that the carport addition would not be out of character with the neighborhood. He stated that a 1.5 foot side setback could be provided. Chairman Allison expressed concern because the neighbors immediately to the west was objecting to the variance request. Carolyn Lindsey Polk noted that she would like to see a minimum 1.5 foot side setback. Teresa Ricketts addressed the Board in opposition. She expressed concern with the zero (0) side setback and drainage. She noted that she would be acceptable of a 1.5 foot side setback. 2 JANUARY 27, 2020 ITEM NO.: 1 (CONT.) Z-6492-A Mr. Maris revised the application to provide a 1.5 foot side setback for the carport addition. Staff supported the revised application to provide a 1.5 foot side setback, subject to the following conditions: 1.Guttering must be provided to prevent water run-off onto the property immediately to the west. 2.The carport addition must remain unenclosed on its north, south and west sides. A motion was made to support the revised application, as recommended by staff. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The revised application was approved. 3 GUY MARIS, IV 3607 Lilac Terrace, Little Rock, AR 72202 City of Little Rock 500 West Markham Little Rock, AR 72202 To Whom It May Concern, We are requesting a variance for the area setback provisions of Section 36-255 of the Little Rock Code of ordinances to permit a carport on the side of the house. The carport would be beyond a locked gate/privacy fence and would provide for parking of UTV's etc. that is unsi ghtly and subject to theft in the driveway. We have a shared driveway with our neighbor and it can get very crowded when everyone is home. Respectfully, //�/ Guy Maris, IV JANUARY 27, 2020 ITEM NO.: 2 File No.: Z-8961-A Owner/Applicant: William and Candace Rolston Address: 2923 N. Taylor Street Description: Lot 61, Grandview Addition Variance Requested: A variance is requested from the area provisions of Section 36-156 to allow an accessory structure (pool) with 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: 1.The proposed pool is adjacent to a utility easement which may contain a sanitary sewer main. The property owner or general contractor should perform a utility location prior to excavation. Contact Little Rock Water Reclamation Authority with any questions or concerns about utilities at this location. B.Staff Analysis: The R-2 zoned property located at 2923 N. Taylor Street is occupied by a one-story brick and frame single family residence. The property is located on the east side of N.Taylor Street, south of N. Grandview Street. A one-car wide driveway is located at the northwest corner of the property. The driveway extends along the north side of the residence and leads to a one-story frame garage in the rear yard area, at the northeast corner of the lot. The applicant proposes to construct a 10 foot by 24 foot in-ground swimming pool within the rear yard area, as noted on the attached site plan. The pool will be located near the southeast corner of the lot. The proposed pool will be located five (5) feet from the rear (east) property line, 12.5 feet from the south side property line, and eight (8) feet from the existing garage structure. The proposed pool structure in combination with the existing garage structure will occupy approximately 46.6 percent of the required rear yard area (rear 25 feet of the lot). JANUARY 27, 2020 ITEM NO.: 2 (CONT.) Z-8961-A Section 36-156(a)(2)c. of the City's Zoning Ordinance allows accessory structures to occupy/cover up to 30 percent of the required rear yard (rear 25 feet) of a residential lot. Therefore, the applicant is requesting a variance from this ordinance requirement to allow the pool (proposed) and garage (existing) accessory structures with a rear yard coverage of approximately 46.6 percent. Staff is supportive of the requested coverage variance. Staff views the request as reasonable. The proposed accessory structures with increased rear yard coverage will not be out of character with other properties in this general area. The proposed accessory pool structure will be an in-ground structure which will not be visible from the adjacent properties. Therefore, there will be no additional impact on the surrounding properties. Staff believes the proposed accessory structures with increased rear yard coverage will have no adverse impact on the adjacent properties or the general area. C.Staff Recommendation: Staff recommends approval of the requested rear yard coverage variance, subject to compliance with the Public Works requirement as noted in paragraph A. of the agenda staff report. Board of Adjustment (January 27, 2020) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved, as recommended by staff. The vote was 4 ayes, 0 noes and 1 absent. 2 We are requesting a variance to build a 10x24 in ground swimming pool at 2923 N. Taylor St. LR., AR. 72207. As you can see on survey we are not crossing any easements. We need the variance because the detached gar age is taking up the space allot ted for accessory structures in the rear of proper ty. Thank you for your time. 1+��2- J,-�;bl--4 JANUARY 27, 2020 ITEM NO.: 3 File No.: Z-9012-A Owner: Dora Jane Flesher Applicant: Ellen Yeary Address: 41 Edgehill Road Description: Lot 57, replat of Edgehill Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-156 to allow an accessory structure with 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.Staff Analysis: The R-2 zoned property located at 41 Edgehill Road is occupied by a two-story brick and frame single family residence. The property is located on the south side of Edgehill Road, east of Cantrell Road. A 15 foot wide driveway from Edgehill Road is located at the northwest corner of the property. The driveway extends along the west side of the residence into the rear yard area. There is an existing in-ground swimming pool in the rear yard area, near the southeast corner of the lot. The applicant proposes to construct a one-story detached carport structure at the southwest corner of the property, as noted on the attached site plan. The proposed carport structure will be 25 feet by 46.67 feet in area. The overall structure will include an area of enclosed storage and an open porch area. The proposed structure will be located three (3) feet back from the rear (south) and west side property lines. A covered walkway will connect the carport structure to the principal structure. The proposed carport structure in combination with the existing pool structure will occupy approximately 48 percent of the required rear yard area (rear 25 feet of the lot). With the exception of the enclosed storage area, the proposed accessory carport structure will be unenclosed on all sides. JANUARY 27, 2020 ITEM NO.: 3 (CON'T.) Z-9012-A Section 36-156(a)(2)c. of the City's Zoning Ordinance allows accessory structures to occupy/cover up to 30 percent of the required rear yard (rear 25 feet) of a residential lot. Therefore, the applicant is requesting a variance from this ordinance requirement to allow the carport/porch (proposed) and pool (existing) structures with a rear yard coverage of approximately 48 percent. Staff is supportive of the requested coverage variance. Staff views the request as reasonable. The proposed accessory structures with increased rear yard coverage will not be out of character with other properties in this general area. The existing in-ground pool represents approximately 14 percent of the overall rear yard coverage as proposed. Additionally, a large portion of the proposed carport addition will be unenclosed. As such, there should be very little visual impact on the surrounding properties. Staff believes the proposed accessory structure with increased rear yard coverage will have no adverse impact on the adjacent properties or the general area. C.Staff Recommendation: Staff recommends approval of the requested rear yard coverage variance, subject to the carport structure remaining unenclosed on all sides, with the exception of the enclosed storage portion of the overall structure. Board of Adjustment (January 27, 2020) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved, as recommended by staff. The vote was 3 ayes, 0 noes, 1 absent and 1 recusal (Allison). 2 Yeary Lindsey Architects December 6, 2019 Mr. Monte Moore Department of Planning and Development 723 West Markham Little Rock, AR 72201 Re: Greg and Dora Jane Flesher Residence 41 Edgehill Road Little Rock, AR 72207 Dear Monte, Please find attached our submittal to the Little Rock Board of Adjustments requesting a rear yard coverage variance for the property at 41 Edgehill Road. Our clients are asking to be allowed to increase the rear yard area coverage to allow for a new open carport, enclosed storage/exercise area and open porch at the southwest corner of their property. This structure will be attached to the main residence with an open loggia and is located as far to the south and west as possible to maintain the maximum amount of back-up space when exiting the carport. A portion of the existing swimming pool presently takes up 14% of the 2750 square foot rear yard area. A portion of the new carport structure will cover 34% of the rear yard area resulting in a total coverage of 48%. We are maintaining the required 3' side and rear setbacks for the accessory structure and feel that this variance is justified to allow the owners covered parking, storage and porch areas while preserving a generous amount of backyard space. If you have any questions or need further information, please feel free to contact me. We appreciate your consideration of our request. Thank you. Sincerely, Elrf�1 Ellen Yeary, AIA LEED AP 3416 Old Cantrell Road Little Rock, Arkansas 72202 501-372-5940 Fax: 501-663-0043 JANUARY 27, 2020 ITEM NO.: 4 File No.: Z-9489 Owner: Greg and Tammy Downs Applicant: Jim Yeary Address: 5144 Cantrell Road Description: Lot 15, Block 2, McGehee Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-156 to allow an accessory structure with 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.Staff Analysis: The R-2 zoned property located at 5144 Cantrell Road is occupied by a one-story frame single family residence. The property is located at the northeast corner of Cantrell Road and Newton Street. A paved alley right-of-way runs along the rear (north) property line. A one-story detached garage structure is located within the rear yard area, along the alley right-of-way. The garage is accessed via a driveway from Newton Street. The applicant proposes to construct a two-story accessory structure in the rear yard area, as noted on the attached site plan. The existing garage structure will be removed from the site. The proposed overall structure will be 24 feet by 45.3 feet in area. The structure will be located three (3) feet from the east side property line, two (2) feet from the rear (north) property line, and approximately 23 feet from the west (Newton Street) property line. The proposed accessory structure will occupy approximately 58 percent of the required rear yard area (rear 25 feet of the site). The first floor of the proposed accessory structure will include storage space, a ½ bath and a stairway to the second floor. The second floor will be a guest quarters. There will be no full kitchen in the structure. The applicant notes that the structure JANUARY 27, 2020 ITEM NO.: 4 (CONT.) Z-9489 will not be rented. The applicant also notes that the structure is being located on the site in order to save a large tree in the rear yard area. Section 36-156(a)(2)c. of the City's Zoning Ordinance allows accessory structures to occupy/cover up to 30 percent of the required rear yard (rear 25 feet) of a residential lot. Therefore, the applicant is requesting a variance from this ordinance requirement to allow the proposed accessory structure with a rear yard coverage of approximately 58 percent. Staff does not support the requested rear yard coverage variance. Staff does not view the request as reasonable. The proposed rear yard coverage is almost double the allowed 30 percent coverage. Additionally, the proposed accessory structure is much larger than the vast majority of accessory structures in this neighborhood. The proposed accessory structure with decks is 2,174 square feet in area. Therefore, staff believes that the proposed accessory structure will be out of character with the general area. C.Staff Recommendation: Staff recommends denial of the requested rear yard coverage variance. Board of Adjustment (January 27, 2020) Jim Yeary was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Jim Yeary addressed the Board in support of the application. He explained that a large oak tree in the middle of the rear yard area was the reason for locating the proposed accessory structure further back on the lot. He described the overall lot and noted that he had consulted with an arborist regarding the placement of the accessory structure. He noted that the size of the proposed accessory structure was not out of character with the neighborhood. He explained how the existing foundation would be used for the new structure. Carolyn Lindsey Polk noted that the issue of saving the large tree was a good reason to support the variance. Chairman Allison concurred with Ms. Polk. There was a motion to approve the requested coverage variance, as filed. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was approved. 2 Yeary Lindsey Architects November 18, 2019 Mr. Dana Carney Department of Planning and Development 723 West Markham Little Rock, AR 72201 Re: Greg and Tammy Downs Variance Request 5144 Cantrell Road Little Rock, AR Dear Dana, Please find attached our submittal to the Little Rock Board of Adjustments requesting a variance regarding the property at 5144 Cantrell Road. Greg and Tammy are requesting a variance to exceed the 30% rear yard area coverage in order to allow the construc tion of a new 2 story accessory structure. This building will replace the smaller existing garage in generally the same location. The lower level of the addition will also house storage space, a 1/2 bath and stair to access a second level. A guest quarters without a full kitchen is planned for the second floor. There is no intention to rent this space as a separate residence. In an effort to avoid and save a very large tree located in the backyard, the proposed addition is placed along the north alley/property line and therefore requires the variance. If you have any questions or need further information, please feel free to contact me. We appreciate your consideration of our request. Thank you. Sincerely, Jim Yeary, AIA 3416 Old Cantrell Road Little Rock, Arkansas 72202 501-372-5940 Fax: 501-663-0043 JANUARY 27, 2020 ITEM NO.: 5 File No.: Z-9490 Owner: Chase and Mary Clemons Applicant: Sidney Richmond Address: 8 Forest Heights Drive Description: Lot 23R, Forest Heights Place Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-156 to allow an accessory structure with 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 Comment B.Staff Analysis: A new two-story single family residence is in the process of being constructed on the R-2 zoned property at 8 Forest Heights Drive. The property is located on the west side of Forest Heights Drive at Hawthorne Road. The new residence will be located near the center of the lot, as noted on the attached site plan. A new driveway from Forest Heights Drive will be located at the southeast corner of the property. The lot has an irregular triangular shape, with the lot width at the front property line being 136 feet, and the lot width at the rear property line being 20 feet. As part of the project, the applicant proposes to construct a two-story detached garage within the rear yard area, also noted on the attached site plan. The proposed garage will be approximately 25 feet-2 inches by 26 feet-7 inches in area. The proposed garage will be located at least three (3) feet back from side and rear property lines. The proposed garage structure will occupy between 55 and 60 percent of the required rear yard area (rear 25 feet of the lot). Section 36-156 (a)(2)c. of the City's Zoning Ordinance allows accessory structures to occupy/cover up to 30 percent of the required rear yard (rear 25 feet) of a residential lot. Therefore, the applicant is requesting a variance from this ordinance JANUARY 27, 2020 ITEM NO.: 5 (CONT.) Z-9490 requirement to allow the proposed accessory structure with a rear yard coverage of between 55 and 60 percent. Staff is supportive of the requested coverage variance. Staff views the request as reasona ble. The proposed accessory structure with increased rear yard coverage will not be out of character with other properties in this general area. In this case, the lot has an irregular triangle shape, with the lot width decreasing to only 20 feet along the rear property line. This creates an extremely small rear yard area. Additionally, the proposed accessory structure will be located in an area where an accessory structure previously existed. Staff believes the proposed accessory structure with increased rear yard coverage will have no adverse impact on the adjacent properties or the general area. C.Staff Recommendation: Staff recommends approval of the requested rear yard coverage variance, as filed. Board of Adjustment (January 27, 2020) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved, as recommended by staff. The vote was 4 ayes, 0 noes and 1 absent. 2 December 6, 2019 Little Rock Board of Adjustment Department of Planning and Development City of Little Rock 723 West Markham Little Rock, AR 72201 Re: Application for Zoning Variance, #8 Forest Heights Drive To Whom It May Concern: We are filing this application for a residential zoning variance for #8 Forest Heights Drive, Little Rock, AR. The lot has a very unusual lot configuration of triangular dimension to the rear of the lot. We are requesting a variance for an accessory building/garage which exceeds 30% of the rear yard set-back. A copy of the survey is attached. As with most of the lots in the area, older, small lots, most of them have had to request variances for accessory buildings or building closer to the line than the normal set-backs allow just to fit homes and/or garages. We are filing this application to meet the December 10th filing deadline, in order to have a meeting date of January 27, 2020. If you have any further questions, please feel free to give us a call. Thank you Mary Clemons Sidney E. Richmond, Jr. Home owner Authorized Agent JANUARY 27, 2020 ITEM NO.: 6 File No.: Z-9491 Owner/Applicant: Linda L. Burton Address: 1615 N. Hughes Street Description: Lot 56, Hall Cove No. 2 Addition Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36- 516 to allow a fence which exceeds the maximum height allowed. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A.Public Works Issues: No Comments B.Staff Analysis: The R-2 zoned property located at 1615 N. Hughes Street is occupied by a one-story brick and frame single family residence. The property is located on the south side of N.Hughes Street, just east of Florida Avenue. A one-car wide driveway from N. Hughes Street is located at the northwest corner of the lot. The driveway extends along the west side of the house and leads to a carport on the rear of the residence. The front yard area has a slight slope downward from west to east. The rear yard area has an excessive slope downward from front to back (north to south). The applicant proposes to construct a six (6) foot high wood fence within the front yard area, as noted on the attached site plan. The proposed fence will enclose almost the entire front yard area. The fence will be located approximately 12 feet back from the N.Hughes street edge of pavement. The fence will be set back approximately 8.6 feet from the east side property line and 17. 7 feet from the west side property line, aligning with the front corners of the residence. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences located between building setback lines and street rights-of way Six (6) foot high fences are allowed elsewhere on residential property. Therefore, the applicant is requesting a variance from this requirement to allow the proposed six JANUARY 27, 2020 ITEM NO.: 6 (CONT.) Z-9491 (6)foot high wood fence within the front yard area, between the 25 foot front building setback and the N. Hughes Street right-of-way. Staff is not supportive of the requested fence height variance. Staff does not view the request as reasonable. The proposed fence will be out of character with the neighborhood. Staff knows of no similar situations with a six (6) foot high fence in a front yard in this general area. The proposed fence will essentially create a barricade type situation in the front yard area and eliminate the street appeal for the property. Staff believes the proposed fence will create a negative visual impact for the surrounding properties. C.Staff Recommendation: Staff recommends denial of the requested fence height variance. Board of Adjustment (January 27, 2020) Linda Burton was present, representing the application. There were two (2) objectors present. Staff presented the application with a recommendation of denial. Linda Burton addressed the Board in support of the application. She presented a revised site plan, reducing the amount of fencing in the front yard area. The revised plan showed the proposed six (6) foot high wood fencing along/parallel to the front and east side property lines. She noted that the rear yard area was not useable because of the steep terrain. She explained that she wished to create an accessible yard space with privacy in the front yard area, with the need for the six (6) foot high fence. She explained that the property backed up to Meriwether Park. She noted that a hedge higher than six (6) feet could be allowed in the front yard area. She presented photos of other properties in the neighborhood and explained the photos. She discussed the issues involved with using a hedge and four (4) foot high fencing in the front yard area. She presented a letter of support from a neighbor. Chairman Allison explained that he could not support the six (6) foot high fence in the front yard area. Brad Jordan addressed the Board in opposition. He explained that his property was adjacent to and approximately three (3) feet lower than Ms. Burton's property. He explained that he was against the six (6) foot high fence because it would make it difficult for him to exit his driveway. Helen Herr also spoke in opposition. She explained the negative visual impact of the proposed fence. This issue was briefly discussed. Ms. Burton made additional comments in support of the application. There was a motion to approve the application as filed. The motion failed by a vote of 0 ayes, 4 nays and 1 absent. The application was denied. 2 Linda Lou Burton 1615 N Hughes Street/ Little Rock, AR 72207 / 501-615-8258 / BurtonLL@BurtonLL.com December 10, 2019 Dana Carney Zoning & Subdivision Manager Department of Planning & Development City of Little Rock 723 W Markham Little Rock, AR 72201 Frank Allison, Chairman; Richard Bertram, Vice-Chairman; Austin Grinder, Joe Justus, Carolyn Lindsey Polk, Members, Board of Adjustment Department of Planning & Development Little Rock, Arkansas Re: Request for variance for a 6-foot front-yard fence Dear Dana and Members of the Board: .I request a variance so that I may erect a 6-foot fence in my front yard at the above address. As I understand the current zoning restrictions, I may erect a 4-foot fence of any material or color; or, plant a hedge that can grow to any height I choose. My reason for erecting a 6-foot fence is for privacy. A 4-foot fence would not afford privacy; any adult passing by could easily peer over the top. As I am celebrating my 81st birthday soon, I fear that by the time a hedge would grow tall enough to give me privacy, my ashes would likely be under it. My reason for utilizing the space in my FRONT yard rather than my back yard, in my quest for some private outdoor space, is due to our hilly Little Rock terrain. All houses built in the Hall Cove subdivision in the 70s have sloping lots. My lot, #56, slopes gently in the front in an easterly direction. In comparison to other lots nearby, it is relatively flat. I bought this particular house last year because I have difficulty maneuvering hillsides and steps. I was delighted to find a place with only two small steps for getting inside my front door, and no steps at all in the floor plan. I have a disability permit which helps when I drive elsewhere; I wanted the same exit/entry convenience at home. However, the back yard of Lot 56 slopes downhill to the south on a much steeper scale. I cannot walk up and down the hill without my walking stick and my phone in my pocket in case I fall! I'm not able to garden my back property, or to sit out there. My carport is at the back of my house. Trees and flowers are out of the question for enjoyment from inside --my den windows overlook my car in the carport! I am a writer, so I sit at my computer many hours per day. What I see when I look out my windows is an important part of my day, and my inspiration. In the past I was privileged to enjoy a 30-foot expanse of glass overlooking Lake Chickamauga with a 10-mile view across the valley to Lookout Mountain -that was Chattanooga. In Seattle I had an apartment for a time with a view from my living/dining room and kitchen to the snow-covered Cascade Mountain Range. Later I lived in a townhouse where every outside wall was glass and my small fenced private yard had a goldfish pond with a bridge where my cats sunned themselves as they watched the fountain spray. I can't create wide sweeping views from my current home, but I do envision a small space-turned beautiful within the privacy of my flat front yard. As a Master Gardener certified by the University of Arkansas Division of Agriculture Extension and Research, I am knowledgeable about plants that do well in Arkansas, as well as the services available from UA Extension regarding soil testing, and general gardening advice. I also have good taste! But environmental concerns are my main focus at this point of civic consciousness. Two of my neighbors have sodded lawns and sprinkler systems, with lawn services providing regular mowing, fertilizing, leaf removal, etc. Two neighbors have the basic lawn+ foundation plantings; one neighbor has constructed a compound of trees, shrubs, rocks, and fencing. Needless to say this wide variety of "lawn scaping" means I can't match up to everyone; nor would I choose any of those solutions for myself. I am aiming for a "no-mow" yard with beautiful plantings, flowering trees, and sitting areas -a veritable Garden of Eden. And to protect that I need a 6-foot privacy fence. It would be double-sided and professionally designed and installed, with ground-cover on the outside -creeping juniper or Mondo grass or, in certain spots, clematis or C,arolina Jasmine vines climbing the fence and providing color. Sections of these plantings could be easily removed, and replaced, should any utility companies need to dig along their easements, as Center Point Energy did this past summer. All meters would be completely accessible outside the fencing. Following are excerpts from a book I am referencing: Beautiful No-Mow Yards by Evelyn J Hadden, © 2012, Timber Press, Portland, Oregon. Hopefully it helps explain the rationale behind my request. For decades, gardeners on this side of the Atlantic have emulated the vast, perfect lawns of English estate-owners. But slowly we're learning about the environmental damage done in the name of the Great American Lawn -the wasted water, the fertilizers running off into waterways, the lawn pesticides harming everything they touch: pollinators, soil, humans, and pets. We're seeing connections between disappearing wildlife and the vast acreage we've devoted to a single plant that provides virtually nothing for wildlife. And then there are those fume-spewing mowers and blowers. The tide is turning. For a variety of reasons, from our changing environmental awareness to our changing lifestyles, some of us are shrinking our lawns. Others are leaving them behind a/together. It may not be practical to give turf grass the care it needs, when we realize that drinkable water is becoming more scarce and water restrictions are on the rise. We can stop irrigating our lawns with it. Those of us who have the good fortune to live near a lake or stream are coming to understand that mown lawns can direct pollutant-laden runoff straight into the water. We have seen evidence that even one landowner on one small city lot can make an enormous difference to the survival of other species. Every one of us can take action in our own yard to help conserve global biodiversity, expand our urban forests, mitigate climate change, and at the same time make life richer and more fulfilling for our families and ourselves. Some of our prime growing sites, relatively free of trees and warmed by surrounding pavement, are located in our front yards. Often these valuable spaces go unused. Fitted with a pristine green carpet, they remain as empty as a formal dining room that gathers dust while the family crowds around a too small kitchen table. But, one by one, these unused front lawns are giving way to gardens. If you have a small yard, why not make it all livable? That is exactly what I want to do. Create a beautiful space that fits my own need for privacy and tranquility, both from inside the house looking out, and from the serenity of my own patio with morning coffee and a purring cat. A place that I can use while I'm still able to walk outside, or later, roll my wheel chair, or ... (not to sound maudlin, but this does happen to people) appreciate from a hospital bed pulled beside the window. And all the while, creating an attractive well-ordered space that contributes positively to neighborhood property values, and benefits the environment of the city of Little Rock by eliminating pollutants, reducing water usage, avoiding those noisy "fume-spewing mowers and blowers," and using only native plants that provide excellent habitat for our birds and wildlife. Please grant me a variance for a 6-foot front-yard privacy fence. The allowable short fence, or an unfettered height slow-growing hedge, just won't work. I appreciate your consideration, �� �7-=��,,,c.,,,<--,<-· Linda Lou Burton JANUARY 27, 2020 ITEM NO.: 7 File No.: Z-9492 Owner/Applicant: William and Elizabeth Kopsky Address: 125 Dennison Street Description: Lot 10, Block 2, Capitol View Addition Zoned: R-3 Variance Requested: A variance is requested from the area provisions of Section 36-156 to allow an accessory structure with 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.Staff Analysis: The R-2 zoned property located at 125 Dennison Street is occupied by a one-story frame single family residence. The property is located on the east side of Dennison Street, south of W. Markham Street. An alley right-of-way is located along the rear (east) property line. A one-story frame accessory structure is located within the rear yard area, at the northeast corner of the property. The existing accessory structure is 16.3 feet by 21.1 feet (344 square feet) in area. The applicant proposes to construct a second accessory building within the rear yard area, at the southeast corner of the property. The proposed accessory building will be one (1) story in height and 12 feet by 17 feet (204 square feet) in area. The proposed accessory building will be used as an exercise room and storage space. The proposed accessory building will be located three (3) feet back from the rear (east) and south side property lines. The proposed accessory structure, in combination with the existing accessory building, will occupy 43.8 percent of the required rear yard area (rear 25 feet of the lot). Section 36-156(a)(2)c. of the City's Zoning Ordinance allows an accessory structure or structures to cover up to 30 percent of the required rear yard (rear 25 feet) of a 2 JANUARY 27, 2020 ITEM NO.: 7 (CON'T.} Z-9492 requirement to allow the proposed accessory structure with a 43.8 percent rear yard coverage, when combined with the existing accessory structure. Staff is supportive of the requested coverage variance. Staff views the request as reasonable. The proposed accessory structure with increased rear yard coverage will not be out of character with other properties in this general area. The propos ed rear yard coverage represents only a minor increase in the coverage as typically allowed. The Hillcrest Design Overlay District, which is located a short distance to the west, allows a rear yard coverage of 40 percent. Therefore, staff believes the proposed accessory structure with increased rear yard coverage will have no adverse impact on the adjacent properties or the general area. C.Staff Recommendation: Staff recommends approval of the requested rear yard coverage variance, as filed. Board of Adjustment (January 27, 2020) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved, as recommended by staff. The vote was 4 ayes, 0 noes and 1 absent. 2 December 2, 2019 Department of Planning and Development 723 West Markham Little Rock, Ar kansas 72201 RE: 125 Dennison Street, Little Rock, Arkansas 72205 Board Members: We are requesting a variance to add a 12x17 building in the rear of home located at 125 Dennison Street, Little Rock, Arkansas. We are requesting that we be allowed to make this addition to our lot and take up more than the suggested 30% of unused land. This building will used as an exercise and storage building for our family. Our growing family needs the additional space to live comfortably in our home. We respectfully request your approval for this variance. Sincerely, Elizabeth and William Kopsky BOARD OF ADJUSTMENT VOTE RECORD DATE: "'�fv Ug � � �, 90-o Gy�AA A6 WNa TIME IN AND TIME OUT MM�Mm �� LLISON FRANK BERTRAM JAMES .4. GRINDER AUSTIN jUSTUS, JOE mmm- ------mmmmm mmmmmmmmmmmmmmm ►� AYE NAYE A ABSENT A& ABSTAIN ��6o Meeting Adjourned � I P.M. ALLISON, FRANK BERTRAM, JAMES GRINDER, AUSTIN JUSTUS, JOE TIME IN AND TIME OUT MM�Mm �� LLISON FRANK BERTRAM JAMES .4. GRINDER AUSTIN jUSTUS, JOE mmm- ------mmmmm mmmmmmmmmmmmmmm ►� AYE NAYE A ABSENT A& ABSTAIN ��6o Meeting Adjourned � I P.M. JANUARY 27, 2020 There being no further business before the Board, the meeting was adjourned at 3:10 p.m. Date: Chairman Secretary