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HomeMy WebLinkAboutboa_09 03 2020LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE SEPTEMBER 3, 2020 4:00 P.M. I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the July 30, 2020 meeting of the Board of Adjustment III. Presentation of Consent Agenda IV. Presentation of Hearing Items LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES SEPTEMBER 3, 2020 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being five (5) in number. II. Approval of the Minutes of the July 30, 2020 meeting of the Board of Adjustment The Minutes of the July 30, 2020 meeting were approved. Members Present: Frank Allison - Chairman Richard Bertram -Vice Chair Austin Grinder Joe Justus Katherine Lashley Members Absent: None City Attorney Present: Shawn Overton LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA SEPTEMBER 3, 2020 4:00 P.M. I. OLD BUSINESS: No Old Business II. NEW BUSINESS: Consent Agenda 1. Z-9531 2013 S. Commerce Street 2. Z-9528 5001 Country Club Boulevard Regular Agenda 3. Z-9454-A 5205 Kavanaugh Boulevard September 3, 2020 ITEM NO.: 1 File No.: Z-9531 Owner: Lorax, LLC Applicant: Mike Orndorff Address: 2013 S. Commerce Street Legal Description: South 65 feet of Lot 1, Block 404, Lincoln & Zimmerman Addition Zoned: R-4 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: Request from the area provisions of Sec. 36-256(d) (1) to allow a reduced front yard setback in an R-4 District; Request from the area provisions of Sec. 36-256(d) (3) to allow a reduced rear yard setback in an R-4 District. Justification: Presented in letter dated July 28, 2020 (attached.) STAFF REPORT A. Engineering Issues: No comments. B. Landscaping Issues: No comments. C. Building Codes Issues: No comments. D. Staff Analysis: The R-4 zoned property located at 2013 S. Commerce Street allows single-family and two-family (duplex) uses. The subject site is vacant, with an existing driveway remaining from a former residential structure razed in approximately 2010. September 3, 2020 ITEM NO.: 1 (CON'T.) Z-9531 The property is a "non-conforming" lot, 65-foot wide and 50-foot deep, with records reflecting its establishment some time prior to 1913. Deficient in area by contemporary development standards, the 3,250 square-foot subject tract is nevertheless regarded as a legal lot of record. The 0.35-acre property immediately south is zoned C-3 (General Commercial,) is owned by the City of Little Rock and contains the East Little Rock Neighborhood Resource Center building. Surrounding properties to the north, east and west are also zoned R-4 and contain single-family structures; four of the five neighboring homes lie upon non-conforming lots generally similar to the subject in size. All existing buildings in the 2000 block of S. Commerce St. feature reduced front yard setbacks ranging in depth from approximately 10 to 15 feet. The applicant proposes to construct a one-story 1,500 square-foot single-family home with an attached one-car garage and driveway. To accomplish this, the applicant requests a reduction in the front and rear yards from 25 feet each (which would leave no buildable area on the 50-foot-deep lot) to 10 feet each, allowing construction of a 30-foot-deep home. Section 36-256(d) (1) states, "There shall be a front yard having a depth of not less than twenty-five (25) feet." Section 36-256(d) (3) states, "There shall be a rear yard having a depth of not less than twenty-five (25) feet." Section 36-155 states [in order to be granted a variance,] 'The property owner must show to the Board of Adjustment the subject property is so restricted that the buildable area is not sufficient for reasonable construction." The July 28, 2020 applicant letter states, "Without the grant of a variance the parcel is rendered nearly undevelopable." Staff agrees; strict application of the Code will render the subject lot undevelopable as a residential site. Based the analysis above, staff believes the subject proposal is in keeping with the character and scale of the neighborhood and views the variance requests as reasonable. As of this writing, no inquiries have been received by the Planning and Development Office concerning any aspect of this application. E.Staff Recommendation: Staff recommends approval of the requested front and rear setbacks, per the submitted site plan dated April 28, 2020. 2 September 3, 2020 ITEM NO.: 1 {CON'T.) Z-9531 Board of Adjustment (September 3, 2020) The applicant was present. Ms. Deidre Simmons participated via WebEx in support of the proposal. Staff presented the item and recommendations of approval as outlined in the "Staff Recommendations" above. There was a motion to approve the application. The motion was seconded. The vote was 5 ayes, 0 noes and O absent. The application was approved. 3 September 3, 2020 ITEM NO.: 2 File No.: Z-9528 Owners: Nick & Holly Beth Willis Applicant: Carolyn Lindsey Address: 5001 Country Club Blvd. Legal Description: Lots 1 & 2, Block 16, Newton's Addition Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: Request from the area provisions of Sec. 36-254(d) (2) to allow a reduced side yard setback in an R-2 District; Request from the area provisions of Sec. 36-254(d) (3) to allow a reduced rear yard setback in an R-2 District. Justification: Presented in letter dated July 26, 2020 (attached.) STAFF REPORT A. Engineering Issues: No Comments. B. Landscaping Issues: In October 2020 the City adopted the "Heights Landscape Design Overlay District," requiring installation of one tree per 40 linear feet of street frontage within the Heights District Boundary, applicable to [among other types] residential construction in excess of 600 square feet. C. Building Codes Issues: 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. September 3, 2020 ITEM NO.: 2 (CONT.) Z-9528 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 (501 )371-4832 for additional details. D. Staff Analysis: The R-2 zoned property located at 5001 Country Club Boulevard consists of two former lots and abandoned right-of-way, comprising one 130-feet-wide by 140-feet-deep property. It is occupied by a predominantly two-story single-family residence served by a 13-foot driveway which widens to access an existing three­ car east facing attached garage near the rear of the property. The general area slopes markedly from west to east and from north to south, and numerous retaining walls exist throughout the Heights environs. The 5001 Country Club Blvd. property contains retaining walls of varying heights on its west, south (rear) and east sides. At roughly six feet, the rear wall is the tallest. At-grade with the subject site, the top of this existing stone wall stands six feet above the residential property to the south, and a six-foot wood fence is installed atop. Proposed improvements include upgrade/replacement of the aforementioned six-foot retaining wall and fence (not applicable to this variance request,) construction of a covered porch, installation of an uncovered hard surface patio area (an "accessory structure, 340 square feet of which is to extend into the rear yard) and a two-story pool house (a 665 square foot rear yard encroachment.) The applicant proposes to construct a 20-foot by 37.5-foot pool/hot tub (accessory structure) in the back yard area. The 750 square foot facility, 340 square feet of which is proposed to lie within the required rear yard, meets applicable zoning codes and occupies 10.46 percent of the required yard. (A maximum of 30 percent is allowable.) Section 36-254(d (3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for the recently constructed addition. The applicant requests a variance to allow the 665 square-foot two-story building addition to be 7.5 feet from the rear (south) property line. If approved, this proposed addition will occupy 20.46 percent of the required rear yard. A six-foot high wall with a six-foot high fence will separate the subject expansion from the property immediately to the south (5000 Stonewall Rd.,) which in 2003 received a variance for its own rear yard encroachment. Two other neighboring properties (5010 and 5012 Stonewall Rd., within roughly 50 feet of the subject property) have structures of comparable size in their required rear yards. 2 September 3, 2020 ITEM NO.: 2 (CON'T.) Z-9528 In addition to currently proposed construction, an existing 2012 home renovation created a 1.34-foot (1 '-4") average encroachment into the west side yard, unknown to the applicant until a recent survey revealed it. Section 36-254(d)(2) requires a minimum side yard setback of eight feet for the 2012 addition. The applicant requests a variance to allow the existing one-story portion to remain 6.56 feet from the west property line at its closest point. An existing one-to-two-foot-high retaining wall separates this portion of the subject residence from the adjacent property line and residence to the west. Based the analysis above, staff believes the subject proposal is in keeping with the character and scale of the neighborhood and views the variance requests as reasonable. As of this writing, no inquiries have been received by the Planning and Development Office concerning any aspect of this application. E.Staff Recommendation: Staff recommends approval of the requested rear and side yard setbacks, per the submitted site plan dated July 2, 2020, with the following conditions: 1.Install trees in accordance with the Heights Landscape Design Overlay District; 2.Repair or replace the retaining wall and fence along the south property line at the time of the subject home renovation and related improvements. Board of Adjustment (September 3, 2020) The applicant was present. There was one opponent present. Staff presented the item and recommendations of approval as outlined in the "Staff Recommendation" above. Mr. Ed Anthony registered as an opponent. However, once items were presented, Mr. Anthony supported the application. Owner Beth Willis expressed her intent to be a good neighbor. There was a motion to approve the application with conditions. The motion was seconded. The vote was 5 ayes, 0 noes and O absent. The application was approved. 3 September 3, 2020 ITEM NO.: 3 File No.: Z-9454-A Owner: Terra Firma Project, LLC Applicant: Billy C. Collins, Jr. Address: 5205 Kavanaugh Blvd. Legal Description: Lot 11, Block 1, McGehee Addition Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variances Requested: Request from Area regulations of Section 36-254(d) (3) to allow a reduced rear yard setback in the R-2 district; Request from Area regulations of Section 36-254(d) (2) to allow a reduced side yard setback in an R-2 district; Request from Area provisions of Section 36-156(a) (2) (b.) to allow reduced separation for an accessory structure in an R-2 district. Justification: Presented in letter dated July 28, 2020 (attached.) STAFF REPORT A. Engineering Issues: No Comments. B. Landscaping Issues: In October 2020 the City adopted the "Heights Landscape Design Overlay District," requiring installation of one tree per 40 linear feet of street frontage within the Heights District Boundary, applicable to [among other types] residential construction in excess of 600 square feet. C. Building Codes Issues: 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 September 3, 2020 ITEM NO.: 3 (CONT) Z-9454-A 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 (501 )371-4832 for additional details. D. Staff Analysis: Note -This item previously appeared before the Board of Adjustment as ''Z-9454" on September 30, 2019. That application proposed a rear building line coinciding with the rear property line (0-foot setback,) with no side yard encroachment and no proposed accessory structure (pool.) Z-9454 was unanimously denied by the Board. Subsequently, a building permit for 5205 Kavanaugh Blvd. was applied for and issued, pursuant to construction of a fully compliant residential expansion, with no encroachment into the required 25-foot rear setback nor into the required five-foot side yards. However, after construction of a significant portion of the building, a complaint was registered by a nearby property owner, and the City determined that encroachment violations had been committed. A "stop work order" is presently in effect, pending outcome of the current variance request, known as "Z-9454-A." The R-2 zoned property is located at 5205 Kavanaugh Blvd. on the south side of Kavanaugh Blvd., formerly occupied only by a 1,264 square-foot one-story brick single family residence, now also with new two-story construction described elsewhere in the body of this report. A one-car wide driveway exists at the northeast portion of the property and extends into the rear yard area. A paved alley right-of-way is located along the rear (south) property line. The applicant recently constructed a two-story addition to the rear of the existing residence, as indicated on the attached site plan dated July 28, 2020. The addition includes approximately 2,832 square feet to be heated and cooled space, as well as a 960 square foot four-car garage. The site plan portrays the addition as 4.5 feet from the east property line, 5 feet from the west side property line, and 5 feet from the rear (south) property line. The alley right-of-way provides access to the garage portion of the addition. The applicant also proposes to construct a 13-foot by 20-foot pool (accessory structure) in the back yard area, within one foot of the expanded principal residence. 2 September 3, 2020 ITEM NO.: 3 (CONT) Z-9454-A Section 36-254(d) (2) requires a minimum side yard setback of five feet for the recently constructed addition. The applicant requests a variance to allow the building addition to be 4.5 feet from the east side property line. Section 36-254(d) (3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for the recently constructed addition. The applicant requests a variance to allow the building addition to be five feet from the rear (south) property line. Section 36-156(a) (2) (b.) requires a minimum separation of six feet between accessory structures (proposed pool) and principal residential structures. The applicant requests a variance to allow the accessory structure to be one foot from the principal structure. In the July 28, 2020 cover letter accompanying this request the applicant states, "Other residences in the area have been granted a variance and have attached garages." Those residences were listed in the applicant's letter and numbered 1 through 4, included for comparison in the following table: Sample Site Capacity Garage Area No. Stories Rear Encroachment Variance Notes Sept. 2019 Application 4Cars 961 Sq. Ft. 2 25 Ft. Denied 5205 Kavanaugh Blvd. Aug. 2020 Application 4 Cars 960Sq. Ft. 2 20Ft. Pending 5205 Kavanaugh Blvd. 1.5005 Kavanaugh Blvd. 2 Cars 576 Sq. Ft. 1 10 Ft. N/A Z-551 2.5211 Kavanaugh Blvd. 2 Cars 476 Sq. Ft. 1 0 Approved 2017 Z-9189 3.1901 N. Tyler St.1 Cars 304 Sq. Ft. 1-1/2 20 Ft. Approved 2005 Z-7925 4.1823 Tyler St. 2 Cars 458 Sq. Ft. 1 22 Ft. Approved 2018 Z-9331 The garage, in its immediate context, as well as when compared with sample sites cited by the applicant in the table above, is relatively massive in scale. The garage addition alone occupies more than 80 percent of the required 50' x 25' rear yard area. (By contrast, an allowable accessory structure may occupy no more than 30 percent of the required rear yard.) Furthermore, the previous, similar variance request was unanimously denied by the Board of Adjustment in September 2019. 3 September 3, 2020 ITEM NO.: 3 (CON'T) Z-9454-A While other setback variances have been granted in the general area, the subject massing/lot coverage is not in keeping with the character of the neighborhood. Staff does not view the request as reasonable and neither supports the requested rear and side yard setback variances, nor the reduced accessory structure (pool) separation variance. As of this writing, two neighboring owners have called the Planning and Development Office to ask questions and express concerns in August 2020, and a separate complaint was registered by a neighbor in June 2020, leading to issuance of the "stop work order" by the City. E.Staff Recommendation: Staff recommends denial of the requested rear setback, side yard setback and accessory structure separation variances. Board of Adjustment (September 3, 2020) The applicant was not present. There was a motion to defer the application. The motion was seconded. There was no further discussion. The vote was 5 ayes, 0 noes and 0 absent. The application was deferred. 4 DATE: �-vt� 3/ HH BOARD OF ADJUSTMENT VOTE RECORD MEMBER I i-� ALLISON.FRANK v V I/ BERTRAM, RICHARD v ✓ ✓ GRINDER, AUSTIN ✓ ✓ v JUSTUS, JOE v V ,./ LASHLEY, KATHERINE ✓ ✓ a/ TIME IN AND TIME OUT ALLISON. FRANK BERTRAM, RICHARD GRINDER, AUSTIN JUSTUS, JOE LASHLEY, KATHERINE �YE I NAYE A ABSENT ,t ABSTAIN Meeting Adjourned i !7,,,u P.M. SEPTEMBER 3, 2020 There being no further business before the Board, the meeting was adjourned at 4:20 p.m. Date: Chairman Secretary