HomeMy WebLinkAboutboa_10 15 2020LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA PROCEDURE
OCTOBER 15, 2020
4:00 P.M.
I.Roll Call and Finding of a Quorum
II.Approval of the Minutes of the September 03, 2020
meeting of the Board of Adjustment
Ill. Presentation of Consent Agenda
IV.Presentation of Hearing Items
LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
OCTOBER 15, 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 September 03, 2020 meeting of the Board of
Adjustment
The Minutes of the September 03, 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: Sherri Latimer
LITTLE ROCK BOARD OF ADJUSTMENT
ABBREVIATED AGENDA
OCTOBER 15, 2020
4:00 P.M.
I.OLD BUSINESS:
A.Z-9454-A 5205 Kavanaugh Boulevard
11.NEW BUSINESS:
1.Z-8213-A 5209 Kavanaugh Boulevard
2.Z-8336-A 18 Normandy Road
3.Z-9532 308 North Plaza Drive
4.Z-9533 1801 East 3 rd Street
5.Z-9534 1809 East 3 rd Street
6.Z-9540 406 East 1 7th Street
OCTOBER 15, 2020
ITEM NO.: A Z-9454-A
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 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 September 14, 2020 (attached.)
STAFF REPORT
A.Planning and Development Civil Engineering:
No Comment.
B.Landscape:
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:
The required fire separation distance (building to property line) prescribed by the
building code terminates at five feet. Buildings are allowed to be closer than
five feet if they have properly constructed fire walls which provide the requisite one
hour fire resistance rating. When buildings are five 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
feet from the property line and are prohibited when the exterior wall is less than
three feet from the line. There is no restriction on openings when the exterior wall
is more than three feet from the property line.
Contact the City of Little Rock Building Codes (501 )371-4832 for additional details.
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OCTOBER 15, 2020
ITEM NO.: A (CON'T.) Z-9454-A
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
(see Site Plan 1.)
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, thus requiring no variance request or approval (see Site Plan 2.)
However, after construction of a significant portion of the building, a complaint was
registered by a nearby property owner, and the City confirmed evidence of
encroachment violations and unpermitted construction now occupying the entire
required rear yard. A "stop work order' was issued in June 2020 and remains in
effect, pending outcome of the ongoing variance request known as "Z-9454-A."
Z-9454-A was initially scheduled for the September 3, 2020 Board of Adjustment
hearing (see Site Plan 3.) This item was deferred to the October 15, 2020 meeting
at applicant's request. On September 14, 2020 a revised plan was submitted by the
applicant (see Site Plan 4.)
********************
The R-2 zoned property is located at 5205 Kavanaugh Blvd. on the south side of
Kavanaugh Blvd., formerly occupied only by the existing 1,264 square-foot one-story
brick single family residence, now with a newly constructed two-story addition
described further below. An original one-car wide driveway exists at the northeast
portion of the property and extends from Kavanaugh Boulevard 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 original
residence, indicated on the attached site plan dated July 28, 2020 (see Site Plan 3.)
Based on that plan, the recently constructed addition includes approximately 2,832
square feet to be heated and cooled space, as well as a 960 square foot four-car
garage. That 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 July 28 plan also proposed to construct a 13-foot by 20-foot pool (accessory
structure) in the back yard area, within one foot of the expanded principal residence.
The alley right-of-way provides access to the garage portion of the addition.
Subsequent to the submittal described in this paragraph, and since deferral from the
September 3, 2020 BOA hearing, a revised proposal has been submitted, described
immediately below.
On September 14, 2020 a revised plan was submitted (see Site Plan 4.) As before,
the plan depicts a two-story addition to the rear of the original residence. Based on
2
OCTOBER 15, 2020
ITEM NO.: A (CONT.) Z-9454-A
this site plan, the recently constructed 40'-wide addition will be reduced (presumably
via demolition of the new existing structure) to 30' in width, constituting a three-car
enclosed garage, although the applicant has indicated the roughly 1 O' x 24'
"removed" portion of the garage will be paved for use as surface parking. Site Plan
4 proposes this 720 s.f. garage as part of a 3,085 gross s.f. two-story addition. The
formerly depicted 0.5' east side yard encroachment is now absent. The rear wall
remains shown as 5' from the rear (south) property line. The formerly drawn 13' x
20' pool (accessory structure) remains within one foot of the principal residence as
shown in the prior plan.
Section 36-254(d)(3) of the City's Zoning Ordinance requires a mm,mum 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 the
proposed pool (accessory structure) and principal residential structure. The
applicant requests a variance to allow the accessory structure to be one foot from
the principal structure.
In the September 14, 2020 cover letter accompanying the most recent plan update
(Site Plan 4) the applicant states, "Other residences in the area have been granted
a variance and have garages." Those residences were listed in the applicant's letter
and numbered 1 through 4 and are included for comparison in the table below:
Sample Site Capacity Garage Area No. Stories Rear Encroachment Variance Notes
Sept. 2019 BOA Application 4Cars 960 Sq. Ft. 2 25 Ft. Denied
5205 Kavanaugh Blvd.
Unpermitted Construction 4Cars 960Sq. Ft. 2 20Ft. Stop Work Order
Presently In Place
Revised/Proposed Plan 3Cars 72D Sq. Ft. 2 20ft. Pending
September 2020
1.5005 Kavanaugh Blvd. Z-551 2 Cars 576 Sq. Ft. 1 10 Ft. N/A
2.5211 Kavanaugh Blvd. Z-91892 Cars 476 Sq. Ft. 1 0 Approved 2017
3.1901 N. Tyler St. Z-7925 1 Cars 304 Sq. Ft. 1-1/2 20 Ft. Approved 2005
4.1823 Tyler St. Z-9331 2 Cars 458 Sq. Ft. 1 22 Ft. Approved 2018
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 property
immediately west has submitted a request to construct a one-story, two-car garage
to replace their former one-story, two-car carport destroyed in a storm. The property
3
OCTOBER 15, 2020
ITEM NO.: A (CONT.) Z-9454-A
immediately east has no rear yard building. The subject garage footprint occupies
48% percent of the required 50' x 25' rear yard area. (By contrast, an allowable
accessory structure may not occupy more than 30 percent of the required rear yard.)
As of this writing, the Planning and Development Office has received numerous
phone calls from concerned neighbors, a list of eight opposing signatures and two
letters of opposition from property owners in the immediate vicinity of the subject
site.
While other setback variances have been granted in the general area, the subject
massing/lot coverage is not in keeping with the character of surrounding
properties. Staff does not view the request as reasonable and neither supports the
requested rear yard setback variance, nor the reduced accessory structure (pool)
separation variance.
E.Staff Recommendation:
Staff recommends denial of the reduced rear setback and reduced 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.
Board of Adjustment (October 15, 2020)
The applicant was present. There were three (3) opponents present. Due to the newness
of the plan revision proposed by the applicant on October 14, 2020, Staff presented the
item, explained said revision, and offered no recommendation to the Board.
Mr. Tre Kitchens, Brad Hendricks Law Firm, addressed the Board in support of the
application. He stated the property owners' past developments have increased
surrounding property values by 18%. Mr. Kitchens offered the following three (3)
amendments to the application:
1.Removing the swimming pool on the east side of the subject property.
2.Reducing the size of the garage from four (4) to three (3) cars and retaining the
parking pad for a 4th parking space.
3.To address drainage concerns, the entire structure will have gutters.
Mr. Kitchens stated that 40 to 60 employees have not been able to work due to the
applicant's inability to continue to the development. He also stated this garage is not the
only large garage along the alley, and mentioned there are four (4) similar garages.
4
OCTOBER 15, 2020
ITEM NO.: A (CONT.) Z-9454-A
Carrold Ray, representing the neighbors to the east of the subject property, addressed
the Board in opposition to the application. He expressed his clients' concerns regarding
drainage and gutters; and large windows on the structure. Mr. Ray stated he attempted
to contact Mr. Kitchens over a month ago to discuss these concerns. However, Mr.
Kitchens has not responded.
Mr. Brian Dillahunty, 5201 Kavanaugh Boulevard, addressed the Board in opposition of
the application. He stated he is the property owner to the east of the property represented
by Mr. Ray.
Mr. John Kirk, 5209 Kavanaugh Boulevard, addressed the Board in opposition to the
application. With his property immediately to the west of the development, he expressed
his concerns regarding loss of privacy. Mr. Kirk also stated he has not been consulted
by the applicant.
Chairman Allison asked the applicant if Terra Firma is familiar with the process and "how
did we get to this point." Mr. Kitchens acknowledged the developer is familiar with the
process, stating he could not answer why we have gotten to this point. He added that the
developer is trying to build "what the neighborhood needs."
Board Member Grinder disputed the applicant's statement regarding the existence of
similar garages in the neighborhood. Grinder stated he had visited the site and no nearby
structure compares to the subject structure.
Chairman Allison stated the Board of Adjustments previously denied this floor plan, yet
the applicant built it anyway. Mr. Kitchens stated his opinion that this issue has been
addressed in Environmental Court. Commissioner Allison asked if the applicant was
present to address the Board. Mr. Kitchens stated, ''The applicant sent me."
Mr. Ray stated his clients do not want windows of any kind on the second floor of the
structure. Mr. Kirk confirmed he, too, asks that the windows are eradicated. Mr. Kirk
stated that what has been demonstrated by this builder throughout the process makes
him question whether he can believe the promises to alter the structure.
Mr. Kitchens offered to remove the windows on the east and west sides of the second
floor of the structure.
There was a motion to approve the application. The motion was seconded. The vote
was O ayes, 5 nays and O absent. The application was denied.
5
OCTOBER 15, 2020
ITEM NO. 1 Z-8213-A
File No.: Z-8213-A
Owner/Applicant: John Kirk and Charlene Coker-Kirk
Address: 5209 Kavanaugh Boulevard
Description: Lot 12, Block 1, McGehee Addition to the City of Little Rock,
Pulaski County, Arkansas.
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section
36-156(a)(2)(c) to allow an accessory building to occupy more
than 30 percent of the required rear yard area in an R-2
District.
A variance is requested from the area provisions of Section
36-156(a)(2)(f) to allow an accessory building with a reduced
setback from a side yard property line.
Justification: Presented in letter dated August 28, 2020 (attached.)
Present Use: Single-Family Residential
Proposed Use: Single-Family Residential
STAFF REPORT
A.Planning and Development Civil Engineering:
No Comment.
B.Landscape:
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:
The required fire separation distance (building to property line) prescribed by the
building code terminates at five feet. Buildings are allowed to be closer than
five feet if they have properly constructed fire walls which provide the requisite one
hour fire resistance rating. When buildings are five 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
feet from the property line and are prohibited when the exterior wall is less than
three feet from the line. There is no restriction on openings when the exterior wall
is more than three feet from the property line.
Contact the City of Little Rock Building Codes (501)371-4832 for additional details.
1
OCTOBER 15, 2020
ITEM NO. 1 (CONT.) Z-8213-A
D.Staff Analysis:
Note -This item previously appeared before the Board of Adjustment as "Z-8213"
on May 21, 2007. That application proposed a two-car carport to cover the existing
concrete pad constructed unknown years prior, situated approximately 1' from the
west property line. Z-8213 was unanimously approved by the Board.
In April 2019 the carport was destroyed by a fallen tree during a storm. Section 36-
154(b) states, "In the event that any structure that is devoted in whole or in part to a
nonconforming use is destroyed by fire, explosion or other casualty, or the public
enemy, to the extent of more than fifty (50) percent of the current replacement value
immediately prior to such damage, such structure shall not be restored unless such
structure and use thereof shall thereafter conform to all regulations of the zoning
district in which such structure and use are located."
As a result of the above-cited requirement, approval of the subject variance
application, known as "Z-8213-A," is necessary prior to issuance of a building permit.
********************
The R-2 zoned property is located at 5209 Kavanaugh Blvd. on the south side of
Kavanaugh Blvd., occupied only by the existing approximately 1,950 square-foot
two-story wood frame single family residence. An original one-car wide driveway
exists at the northwest portion of the property and extends from Kavanaugh
Boulevard into the rear yard area. A paved alley right-of-way is located along the
rear (south) property line.
The applicant proposes to construct a 524.3 s.f. one-story wood frame garage upon
the existing 22.6' x 23.2' former carport foundation. This proposed two-car garage
would generally match the principal residence, materially. The existing foundation,
thus the proposed garage, is situated approximately 1.9 feet from the south (alley)
property line, and approximately 1 foot from the west property line.
Section 36-156(a)(2)(c) limits rear yard coverage by an accessory building to 30
percent. The applicant requests a variance to allow the one-story accessory building
to cover approximately 41 percent of the defined rear yard.
Section 36-156(a)(2)(f) requires a minimum of 3 feet of separation between an
accessory structure and an adjacent property line. (0 feet separation is required
between an accessory building and adjacent alley.) The applicant requests a
variance to allow a minimum of 0.9 feet between the existing slab/proposed structure
and west property line.
As of this writing, the Planning and Development Office has received no objections
to the subject proposal. The applicant has indicated the neighbor to the west is in
support of the application.
2
OCTOBER 15, 2020
ITEM NO. 1 (CONT.) Z-8213-A
The proposed detached garage is compatible with and generally comparable in
scale to most rear-yard alleyway garages in the general vicinity. Staff views the
request as reasonable and supports the above-described variance requests.
E.Staff Recommendation:
Staff recommends approval of the requested increase in accessory building rear
yard coverage to a maximum of 41 %, and a reduction in the adjacent side yard
setback to a minimum of 0.9 feet, subject to the following conditions:
1.Install roof guttering to prevent water run-off from the proposed garage onto the
adjacent property to the west.
2.Install trees, if deemed applicable at the time of building permitting, in
accordance with Heights Landscape Design Overlay District requirements.
Board of Adjustment (October 15, 2020)
The applicant was present. There were no persons present registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the "Staff
Recommendation" above. There was no further discussion.
The item remained on the Consent Agenda for approval. A motion was made and
seconded to approve the Consent Agenda. The vote was 5 ayes, 0 noes, and 0 absent.
The application was approved.
3
OCTOBER 15, 2020
ITEM NO. 2 Z-8336-A
File No.: Z-8336-A
Owner: C.Blake Jackson
Applicant: Chris Smith, Peckham + Smith Architects
Address: 18 Normandy Road
Description: Lot 15R, Normandy Addition [a rep/at of Lots 15 & 16, except
the South 5 feet the city of Little Rock, Pulaski County,
Arkansas, being shown on 2008038623, records of Pulaski
County, Arkansas.]
Zoned: R-2
Variance Requested: Variances are requested from Area provisions of Sections
36-156 to allow reduced distance from a residence, and to
allow reduced front yard and side street line setbacks, for an
accessory structure;
and,
From Area provisions of Sections 36-516 to allow reduced
front setback distance for a structural wall, and to allow a
wall to exceed four feet in height between the front building
line and street right-of-way in an R-2 District.
Justification: The applicant's justification is presented in a letter dated
August 31, 2020 (attached.)
Present Use: Single-Family Residential
Proposed Use: Single-Family Residential
STAFF REPORT
A Planning and Development Civil Engineering / Public works Comments:
1.The existing stone wall along Cantrell Road must remain its current height to
prevent further impeding of the existing vehicle sight distance.
2.Any additional proposed wall(s) for retention, noise reduction and privacy near
the pool and/or in the south portion of the subject lot, may be constructed no less
than two feet north of the existing 2.5' high stone wall parallel to Cantrell Road.
3.The typical 50'x50' sight triangle [defined in City Code Section 32-8(a)(1) through
(3)] may be reduced to appx. 28'x28' to accommodate the proposed covered
patio footprint depicted on the applicant's site plan. The existing mature
magnolia tree may remain, but no other structures or plants within the 28'x28'
triangle may exceed 30" in height.
1
OCTOBER 15, 2020
ITEM NO.: 2 (CON'T.) Z-8336-A
4.Obtain a Franchise Agreement from Public works, Civil Engineering Private
Development at (501 )371-4818 for permitting of private improvements to be
located in Normandy Road right-of-way. Staff may authorize landscaping,
fencing and other private improvements within the Normandy Road right-of-way,
if such improvements will not further obstruct sight distance. Staff will not
authorize a Franchise Agreement for parking within the public right-of-way.
The Franchise Agreement application can be found at
https://www.littlerock.gov/cityadministration/city-departments/public-works/, to
be accompanied by a $75 review fee, payable to City of Little Rock.
B.Landscaping:
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 a range of uses including residential
construction in excess of 600 square feet.
C.Staff Analysis:
Existing Conditions-
The R-2 zoned property located at 18 Normandy Road is occupied by a two-story
frame single family residence on a 10,250 s.f. lot, just within the southern limit of the
Heights Design Overlay District. Generally surrounded by R-2 single-family zoning,
the subject property is situated at the northwest corner of Normandy and Cantrell
Roads where high volumes of traffic and traffic noise are persistent. This home site
is accessible via the one-way southbound leg of Normandy Road, near its
intersection with Cantrell Road. The noticeably steep property sits on a hill, slightly
above the two adjacent streets. However, with limited visibility relative to the higher
speed arterial traffic of Cantrell Road, and with relatively little local traffic and no
sidewalk on Normandy Road, the subject property is comparatively inconspicuous
within its neighborhood context.
A variance allowing the reduction of the north and west setbacks for the principal
residence was approved in 2008, at which time the property was re-platted to adjust
building setback lines as they exist today. No expansion of the principal residence
is proposed with this application, and the current variance request does not affect
the 2008 adjusted building lines and re-plat.
Proposed Conditions-
At the south end of the property near Cantrell Road, a covered patio and pool
(accessory structures) are proposed. Because the proposed pool is less than 6' from
the existing residence, a variance is required to allow the improvement to a minimum
of 4'. Section 36-156(a)(2)(b) states," All single-and two-family residences shall be
separated from accessory structures by a distance of not less than six (6) feet."
2
OCTOBER 15, 2020
ITEM NO.: 2 (CONT.) Z-8336-A
Also at the south end, a variance is necessary to allow the covered patio and pool
(accessory structures) to be located as close as 5' to the front property line. Section
36-156(a)(2)(c) states, "Accessory buildings or structures in the R-1 through R-4A
districts shall not be located closer than sixty (60) feet to the front property line ... "
Similarly, near the north end of the property where an open carport (accessory
structure) is proposed to shelter three existing parking stalls, a variance is necessary
to allow said carport within 15' of the right-of-way line, to a reduced distance of 7'.
Section 36-156(a)(2)(c) states, "Accessory buildings or structures in the R-1 through
R-4A districts shall not be located closer than .... fifteen (15) feet from a street side
line ... "
As part of the proposed improvements, the applicant proposes a 6' brick wall to
retain soil, enhance privacy and mitigate traffic noise from Cantrell Road. To allow
a wall to exceed 4' in height in the front (south) yard, a variance must be granted.
Section 36-516(e)(1 )(a) states, "Between a required building setback line and a
street right-of-way, the maximum height shall be four (4) feet."
Additionally, the wall will require a variance to allow its placement within 25' of the
front (south) property line. Section 36-516(e)(1 )(c) states, "A structural wall as
defined in this chapter shall conform to the [25' front] building setback required by
the zoning district."
The applicant's proposal includes improvements to the existing driveway, which will
remain a "circle" drive yet will enhance circulation to and from the street, improve
maneuverability on site, reduce the steepness of the driveway and introduce
landscaping upgrades.
Conclusions-
As of this writing, two neighboring owners have inquired about the subject
application and have indicated their satisfaction with details shared by staff.
As stipulated by City staff after multiple visits to the site, the 6' wall may be no closer
than 2' north of the existing stone retaining wall running parallel to Cantrell Road.
Additional project stipulations pertaining to sight distance are included in the body
of this report, which the applicant has agreed to and addressed via revised plans.
The subject site is relatively unique as it relates to a high traffic roadway (Highway
10/Cantrell Road) and to its neighborhood context, where visibility and direct access
are limited. Steep grades, and the tightly confined nature of the existing residence
relative to internal property boundaries, are also unusual. Proposed improvements
will enhance the quality of the residential site in a variety of ways, yet create no
known imposition to outlying properties. Existing sight distance factors identified by
Public Works may be significantly improved by the proposed plans. For these
reasons and for others stated above, staff finds the subject variance requests to be
reasonable and worthy of support.
3
OCTOBER 15, 2020
ITEM NO.: 2 (CONT.) Z-8336-A
D.Staff Recommendation:
Staff recommends approval of the variances requested above, subject to
compliance with the comments and conditions found in paragraphs A, B and C of
the Staff Report, with the following condition:
Install trees, if deemed applicable at the time of building permitting, in accordance
with Heights Landscape Design Overlay District requirements.
Board of Adjustment (October 15, 2020)
The applicant was present. There were no persons present registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the "Staff
Recommendation" above. There was no further discussion.
The item remained on the Consent Agenda for approval. A motion was made and
seconded to approve the Consent Agenda. The vote was 5 ayes, 0 noes, and O absent.
The application was approved.
4
OCTOBER 15, 2020
ITEM NO. 3 Z-9532
File No.: Z-9532
Owner/Applicant: Matthew and Amanda Kovak
Address: 308 North Plaza Drive
Description: Lot 79, Plaza Heights Addition to the City of Little Rock, Pulaski
County, Arkansas.
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section
36-254 for reduced side yard setback in an R-2 District.
Justification: The applicant's justification is presented in an attached letter.
Present Use: Single-Family Residential
Proposed Use: Single-Family Residential
STAFF REPORT
A.Planning and Development Civil Engineering:
Ensure street curb and gutter drainage is not impeded by new driveway construction.
Contact Ilona Rossato at Planning and Development Civil Engineering (501 )399-
3470 prior to North Plaza Drive curb demolition and reconstruction.
B.Public Works:
No comments.
C.Staff Analysis:
308 North Plaza Drive is zoned R-2 and consists of an existing brick ranch style single
family residence on a wedge shaped lot, 99' average width and 159' average depth.
The lot lies in a neighborhood northwest of Park Plaza Mall and is generally
surrounded by suburban style homes in an R-2 zoning district.
The applicant proposes to implement a circular private driveway, and remove and
replace an existing attached carport (appx. 1 O' w. x 20' d.) with a new structure (11.4'
w.x 25.1' d.) The applicant proposes to place one corner of the new carport no closer
than 3' to the property line shared with the neighbor to the south. Because the average
lot width is 99', side yard setbacks of 8' are required, unless a variance is granted.
1
OCTOBER 15, 2020
ITEM NO.: 3 (CON'T.) Z-9532
Section 36-254(d)(2) states, "There shall be a side yard set-back on each side of the
building having a width of not less than ten (10) percent of the average width of the
lot, not to exceed eight (8) feet."
The proposed carport will remain open on three sides and, according to the submitted
site plan, will be approximately 1.4' closer to the south side property line than the
existing carport. Both the existing and the proposed structures encroach the side yard
setback. The neighboring owner to the south has submitted a letter in support of the
application and states, "I have no objection to the proposed carport with roof and new
driveway." The neighbor's letter further confirms, " ... the carport will be three feet from
the property line."
There appears to be no possibility of carport roof drainage affecting the neighboring
owner, and the proposed 3' minimum distance from the carport to the property line
ensures the new structure can be maintained without entering the neighboring
property. This proposal offers minimal alteration to existing conditions, and has been
endorsed by the neighboring property owner who stands to be affected.
D.Staff Recommendation:
In view of the above analysis, staff recommends approval of the requested side yard
setback reduction to a minimum of three feet (3'), in accordance with the attached site
sketch and with the following conditions:
1.The propose carport shall remain open on three sides.
2.Contact Planning and Development Civil Engineering at the number above, prior
to driveway construction.
Board of Adjustment (October 15, 2020)
The applicant was present. There were no persons present registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the "Staff
Recommendation" above. There was no further discussion.
The item remained on the Consent Agenda for approval. A motion was made and
seconded to approve the Consent Agenda. The vote was 5 ayes, 0 noes, and 0 absent.
The application was approved.
2
OCTOBER 15, 2020
ITEM NO. 4 Z-9533
File No.: Z-9533
Owner: Welcome Home Enterprises, Inc.
Applicant: Doug Woodall, submitted by McGetrick and McGetrick, Inc.
Address: 1801 East 3rd Street
Description: The West 32.5 feet of the North 76 feet of Lot 1, Block 4,
Garland's Addition to the City of Little Rock, Pulaski County,
Arkansas.
Zoned: R-4
Variance Requested: A variance is requested from "Area" provisions of Sections 36-
256 to allow reduced front, rear and side yard setbacks in an R-
4 District.
Justification: The applicant's justification is presented in an attached letter.
Present Use: Vacant/undeveloped
Proposed Use: Single-Family Residential
STAFF REPORT
A.Planning and Development Civil Engineering Comments:
Per Sec. 30-43(a)(2), no driveway shall be constructed within 5 ft of a line drawn
from the point of intersection of a property line with the right-of-way line of a street
and perpendicular to the centerline of the street. Note: Planning and Development
Civil Engineering has indicated support for a reduced distance, to match the request
for a reduced side yard setback, if approved. Contact Ilona Rossato (501)371-3470.
B.Building Inspection Comments:
Required fire separation distance (building to property line) prescribed by the building
code terminates at 5'. Buildings may be closer than 5' if they have fire walls providing
the requisite one-hour fire resistance rating. When buildings are 5' or more from a
property line, this requirement no longer applies to the wall itself, only the projections
such as eaves and overhangs.
Door and window openings are restricted when an exterior wall is 3' from the property
line and prohibited when an exterior wall is less than 3' from the line. No opening
restriction applies when an exterior wall is more than 3' from the property line.
Contact City of Little Rock Building Permitting, 371-4832, for additional details.
1
OCTOBER 15, 2020
ITEM NO. 4 (CONT.) Z-9533
C.Staff Analysis:
This R-4 zoned property is a 32.5' wide by 76' deep vacant "lot of record." To the
east are similarly undeveloped properties, also zoned R-4, as are most of the nearby
properties south of E. 3rd Street. Across Bender Street to the west is Macedonia
Baptist Church. Across E. 3rd Street to the north are properties zoned PCD and I-2.
A range of mostly residential development activity is taking place in the general area.
The applicant proposes to construct a 26' wide by 41' deep two-story single-family
home on the site, with an integral two-car garage. In doing so, the applicant
requests a front yard setback reduction from 25' to 20', a reduction of both side yard
setbacks from 3.25' to 3', and reduction of the rear yard from 25' to 15'.
Section 36-256(d)(1) states, "There shall be a front yard setback having a depth of
not less than twenty-five (25) feet." Section 36-256(d)(2) states, "There shall be a
side yard on each side of the building having a width of not less than ten (10)
percent of the average width of the lot, not to exceed five (5) feet." Section 36-
256(d)(3) states, "There shall be a rear yard having a depth of not less than twenty
five (25) feet."
The 76'-deep subject lot, like the two lots immediately east, is unusually shallow.
Reduced front and rear yards would promote construction of a contemporary,
conventional single-family residence comparable to other existing and proposed
structures in this neighborhood. In fact, identical front and rear yard reductions have
been applied for on 1803 E. 3rd (immediately east) and a front yard reduction for
1809 has been applied for, as well. In anticipation of these reductions, allowing
reduced front and rear yards for the 1801 E. 3rd will promote consistency within this
developing area.
Of the eight lots on the south side of the 1800 block of E. 3rd Street, five of them are
unusually narrow lots of record. Therefore, the standard of development is generally
established for a narrower type of residential structure in this location. It is likely all
five lots comprising 1801 through 1809 E. 3rd Street will warrant reduced setbacks at
such time they are developed.
The driveway distance from the adjacent property line (extended,) may be reduced
to 3' to match the reduced setback of the residence itself and is, in staff's opinion, an
appropriate allowance. In any case, the driveway curb return radius or chamfer may
not extend beyond the adjacent side property line (extended.) See Planning and
Development Civil Engineering Comments, above.
D.Staff Recommendation:
In view of the above analysis, staff recommends approval of the requested
variances, in accordance with the attached site sketch and with the following
condition:
Due to the reduced widths, no HVAC unit or similar device may be placed in the side
yards.
2
OCTOBER 15, 2020
ITEM NO.: 4 (CON'T.) Z-9533
Board of Adjustment (October 15, 2020)
The applicant was present. There were no persons present registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the "Staff
Recommendation" above. There was no further discussion.
The item remained on the Consent Agenda for approval. A motion was made and
seconded to approve the Consent Agenda. The vote was 4 ayes, 0 noes, and 0 absent,
and 1 recusal (Bertram). The application was approved.
3
OCTOBER 15, 2020
ITEM NO. 5 Z-9534
File No.: Z-9534
Owner: Haybar Properties, LLC
Applicant: Doug Woodall, submitted by McGetrick and McGetrick, Inc.
Address: 1809 East 3rd Street
Description: The East 27 feet of Lot 3, Block 4, Garland's Addition to the City
of Little Rock, Pulaski County, Arkansas.
Zoned: R-4
Variance Requested: A variance is requested from "Area" provisions of Sections 36-
256 to allow reduced front and side yard setbacks in an R-4
District.
Justification: The applicant's justification is presented in an attached letter.
Present Use: Vacant/undeveloped
Proposed Use: Single-Family Residential
STAFF REPORT
A.Planning and Development Civil Engineering Comments:
Per Sec. 30-43(a)(2), no driveway shall be constructed within 5 ft of a line drawn
from the point of intersection of a property line with the right-of-way line of a street
and perpendicular to the centerline of the street. Note: Planning and Development
Civil Engineering has indicated support for a reduced distance, to match the request
for a reduced side yard setback, if approved. Contact Ilona Rossato (501)371-3470.
B.Building Inspection Comments:
Required fire separation distance (building to property line) prescribed by the
building code terminates at 5'. Buildings may be closer than 5' if they have fire walls
providing the requisite one-hour fire resistance rating. When buildings are 5' or more
from a property line, this requirement no longer applies to the wall itself, only the
projections such as eaves and overhangs.
Door and window openings are restricted when an exterior wall is 3' from the
property line and prohibited when an exterior wall is less than 3' from the line. No
opening restriction applies when an exterior wall is more than 3' from the property
line.
Contact City of Little Rock Building Permitting, 371-4832, for additional details.
1
OCTOBER 15, 2020
ITEM NO.: 5 (CONT.) Z-9534
C.Staff Analysis:
This R-4 zoned property is a 27' wide by 150' deep vacant "lot of record."
Immediately to the east and west are similarly undeveloped properties, also zoned
R-4, as are most of the nearby properties south of E. 3 rd Street. Across E. 3rd
Street to the north is City of Little Rock property zoned PCD. A range of mostly
residential development activity is taking place in the general area.
The applicant proposes to construct a 23.0' wide by 62.4' deep two-story single
family home on the site, with an integral two-car garage. In doing so, the applicant
requests a front yard setback reduction from 25' to 20', and a reduction of both
side yard setbacks from 2.7' to 2.0'.
Section 36-256(d)(1) states, "There shall be a front yard setback having a depth of
not less than twenty-five (25) feet." Section 36-256(d)(2) states, "There shall be a
side yard on each side of the building having a width of not less than ten (10)
percent of the average width of the lot, not to exceed five (5) feet."
The 150'-deep subject lot has adequate depth to accommodate a full 25' front
setback. However, nearby 1801, 1803 and 1805 E. 3rd Street consist of unusually
shallow lots and will likely feature reduced front yard setbacks (in fact, such a
reduction for 1801 and 1803 have been applied for.) In anticipation of such
reductions, allowing reduced front yards for the 1809 E. 3 rd will promote
consistency along the street frontage.
Of the eight lots on the south side of the 1800 block of E. 3 rd Street, five of them
are unusually narrow lots of record. Therefore, the standard of development is
generally established for a narrower type of residential structure in this location.
Consequently, all five lots comprising 1801 through 1809 E. 3 rd Street may warrant
reduced setbacks at such time they are developed.
The driveway distance from the adjacent property line (extended,) may be reduced
to 2' to match the reduced setback of the residence itself and is, in staff's opinion, an
appropriate allowance. In any case, the driveway curb return radius or chamfer may
not extend beyond the adjacent side property line (extended.) See Planning and
Development Civil Engineering Comments, above.
D.Staff Recommendation:
In view of the above analysis, staff recommends approval of the requested
variances, in accordance with the attached site sketch and with the following
condition:
Due to the reduced widths, no HVAC unit or similar device may be placed in the side
yards.
2
OCTOBER 15, 2020
ITEM NO.: 5 (CONT.) Z-9534
Board of Adjustment (October 15, 2020)
The applicant was present. There were no persons present registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the "Staff
Recommendation" above. There was no further discussion.
The item remained on the Consent Agenda for approval. A motion was made and
seconded to approve the Consent Agenda. The vote was 4 ayes, 0 noes, and 0 absent,
and 1 recusal (Bertram). The application was approved.
3
OCTOBER 15, 2020
ITEM NO. 6 Z-9540
File No.: Z-9540
Owner: JC Tread Not, LLC
Applicant: Common Ground Development Co.
Address: 406 East 17th Street
Description: East 45 feet of Lot 6, Block 52, Original City of Little Rock,
Pulaski County, Arkansas.
Zoned: R-4
Variance Requested: A variance is requested from the Area provisions of Section
36-256 to allow reduced front and rear yard setbacks in an
R-4 district, and from the Design Regulations of Section 36-
370 to allow parking in the required front yard in the Central
City Design Overlay District.
Justification: The applicant's justification is presented in an attached letter.
Present Use: Vacant/undeveloped
Proposed Use: Single-Family Residential
STAFF REPORT
A.Planning and Development Civil Engineering:
No Comments.
B.Staff Analysis:
This R-4 zoned property is a 45' wide by 50' deep "lot of record," reflected in a
warranty deed recorded in 1935, and the 406 E. 17th Street address of record is
evidenced in the 1939 Sanborn Fire Insurance maps of Little Rock. All adjacent
properties and much of the surrounding area is zoned R-4 (two-family.) The subject
site lies within the Central City Overlay District. The property is undeveloped, except
for an existing small storage shed intended for removal, an existing curb cut to be
demolished and relocated, and existing fencing to be removed and replaced.
The applicant proposes to construct a two-story 1,496 g.s.f. single-family home with
an attached one-car carport, and requests variances to reduce the required 25' front
and 25' rear yards to 1 O' front and 6' rear yards, respectively. The applicant also
requests permission to park in the proposed front yard driveway, otherwise
prohibited within the Central City Overlay District.
1
OCTOBER 15, 2020
ITEM NO. 6 Z-9540
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."
Section 36-370(5) states, "Parking shall be prohibited in the front yard setback"
[within the Central City Overlay District.]
This application proposes to add affordable housing stock and utilize existing infra
structure to increase residential density and home occupancy in an area often
characterized by vacant and/or marginally maintained properties. The proposed 1 O'
setback will be compatible with the adjacent side yard setback of newly renovated
1623 Rock Street, adjacent to the west. Strict application of the standard front and
rear setback requirement will render the 50-foot-deep lot undevelopable as a
residential site, and staff views the setback reduction request as reasonable and
appropriate.
The existing curb cut would be replaced with an appropriately located driveway
serving the proposed home and carport. The proposed carport location will facilitate
a second car parked in the driveway, in front of the carport, yet clear of the 17th
Street sidewalk. The proposed home and driveway will face south, directly across
17th Street from the Scholastic Academy parking lot, and staff believes the allowance
to park in the driveway is appropriate.
C.Staff Recommendation:
In view of the above analysis, staff recommends approval of the requested
variances, in accordance with the attached site sketch and with the following
conditions:
1.The proposed carport may be no closer than 15' to the front (south) property
line;
2.The existing curb cut shall be removed, curb and gutter repaired or replaced as
necessary, and the new driveway apron and driveway constructed no closer
than 5' to the adjacent (west) property line (extended;)
3.Compliance with all other requirements of the Central City Design Overlay
District.
Board of Adjustment (October 15, 2020)
The applicant was present. There were no persons present registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the "Staff
Recommendation" above. There was no further discussion.
The item remained on the Consent Agenda for approval. A motion was made and
seconded to approve the Consent Agenda. The vote was 5 ayes, 0 noes, and O absent.
The application was approved.
2
DATE:
BOARD OF ADJUSTMENT -VOTE RECORD
/0 1/trj?.P Time: 4:00PM
Time In / Time Out
In Out
ALLISON, FRANK
BERTRAM, JAMES
GRINDER, AUSTIN
JUSTUS, JOE
LASHLEY, KATHERINE
ITEM & VOTE Item Number: I 1.,,-3 f � � /
ALLISON, FRANK /"
BERTRAM, JAMES !I(_ � GRINDER, AUSTIN /
JUSTUS, JOE I./,. r,., i-vc i, .J..s,-
LASHLEY, KATHERINE V , .... ,--ic.yt �s �-0-0 _, V V1 o-/� �
• • • -•
�YE •NAVE A ABSENT � RECUSE Meeting Adjourned ��PM
OCTOBER 15, 2020
There being no further business before the Board, the meeting was adjourned at 4:07
p.m.
Date:
Chairman Secretary