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Home My WebLink About2020-07-17 email to herndon1 Minyard, Brian From:Minyard, Brian Sent:Friday, July 17, 2020 4:52 PM To:Minyard, Brian Subject:Re: Waiver of 5' Setback - 1414 Park Lane MOOT, not mute. dang that spell check. Brian From: Minyard, Brian Sent: Friday, July 17, 2020 4:33 PM To: Herndon, Tim Subject: Re: Waiver of 5' Setback - 1414 Park Lane sometimes my recommendation is a mute point, but I have to analyze the project based on the guidelines. I think they have the votes for approval.. Brian From: Herndon, Tim Sent: Friday, July 17, 2020 4:25 PM To: Minyard, Brian Subject: RE: Waiver of 5' Setback - 1414 Park Lane Hi Brian. Does the applicant know you’re recommending denial to the HDC? And in your opinion will this likely manifest in an HDC vote to deny? And [finally] does this suggest the upcoming BOA/variance application is moot, possibly/probably destined to be withdrawn? Please comment for my edification. Many thanks and be safe! - Tim From: Minyard, Brian <BMinyard@littlerock.gov> Sent: Friday, July 17, 2020 4:08 PM To: Herndon, Tim <therndon@littlerock.gov> Subject: Re: Waiver of 5' Setback - 1414 Park Lane https://www.littlerock.gov/media/7075/hdc-agenda-7-23-2020.pdf here is the booklet for the agenda. Brian From: Herndon, Tim Sent: Friday, July 17, 2020 2:36 PM 2 To: 'timfoxsixth'; Williams, Jennifer Cc: David Anderson; Sutton, Benjamin (Cory); Minyard, Brian Subject: Waiver of 5' Setback - 1414 Park Lane Tim Fox: As I understood our recent phone visit, the Historic District Commission staff (Brian Minyard) awaits the outcome of your interaction with ArDOT, so if you haven’t please do forward associated correspondence as appropriate. I’ve cc’d Brian, herewith. I’ve noted your intention to revise the drawings establishing the proposed residence one foot from the north property line/right-of-way line. Because I’m unaware of the architectural design, I’ll risk stating the obvious and remind you any overhang, roofline, eve line, soffit, etc. encroaching the right-of-way remains, nevertheless, an encroachment. In light of this, please do forward a drawing reflecting your proposed revisions not later than this coming Wednesday, July 22 nd (my completed staff reports are due to the Board the following day.) Meanwhile, this office will proceed in hopes of promptly completing our staff report. Thanks again. – Tim H. Tim A. Herndon, Development Manager City of Little Rock | Planning and Development 723 W. Markham Street | Little Rock, AR 72201 Main: (501)371-4790 | Direct: (501)371-6817 Email: therndon@littlerock.gov Website: https://www.littlerock.gov/ From: timfoxsixth <timfoxauthor@gmail.com> Sent: Thursday, July 16, 2020 8:58 PM To: Williams, Jennifer <Jennifer.Williams@ardot.gov> Cc: David Anderson <gusdesigncoop@gmail.com>; Herndon, Tim <therndon@littlerock.gov>; Sutton, Benjamin (Cory) <Cory.Sutton@ardot.gov> Subject: Re: Potential Waiver of 5' Side Yard Setback for 1414 Park Lane/Lot 9, Block 157 to the Original City of Little Rock Ms. Williams - Thank you for your email concerning the Commission’s position on my sideyard waiver request. I have no intention of erecting any structures, utilities, or anything else that crosses or overhangs the Commission's property or right of way. I also acknowledge that in the event any person should do so that the law would require such individual to remove the encroachments at their personal expense. Having tried a number of encroachment cases over the years I have already instructed my builder that I would like for the 6’ tall perimeter wall around my property to be a few inches shy of my property line, as evidenced by the surveys. Losing the use of that small amount is much preferable to a possible property line/encroachment dispute. The Commission condemnation map is instructive. Park Lane is going to need to be repaired and upgraded and it should be helpful for all involved to know where the Commission’s property line begins. Thank you for forwarding it. Permit Officer Sutton - my personal cellphone is (501) 350-0789 if you need to communicate with me by telephone or text me. Mr. Herndon - Mr. Anderson and I visited today after receiving Ms. Williams’ email. To insure that even the eaves of the house don’t overhang Hwy Commission property, we would like to move the north perimeter wall and the north side of the house a full foot (1’) off of my north property line. It will mean losing the use of a foot of the width of my lot but I’m 3 okay with that. That adjustment still leaves 9’ for the south sideyard, which should be helpful both personally and for the neighborhood when more homes are built on Park Lane. Thank you all for your time and attention to this matter. On Jul 16, 2020, at 4:25 PM, Williams, Jennifer <Jennifer.Williams@ardot.gov> wrote: Mr. Fox, The Department has reviewed your request for acknowledgement of a waiver to the City’s 5’ setback requirement adjacent to highway right of way. The Department’s primary concern is that private entities do not encroach in highway right of way which compromises the safety of staff or the traveling public. Any structures, utilities, etc. that cross or overhang the highway right of way from your property would be an encroachment and would be removed at your expense. That being said, we do not have any jurisdiction on what happens on private property. The 5’ setback is a city requirement, and we would not get involved in any waiver between the City and the property owner. I have attached for your use the right of way plan and deed that established this Commission’s boundary. Feel free to get with our Permit Officer Cory Sutton if you have any concerns of potential encroachment as you develop your property. Cory is copied on this email. Thank you, Jennifer R. Williams, P.E. Division Head, Right of Way Division Arkansas Department of Transportation P.O. Box 2261 Little Rock, AR 72203-2261 (501) 569-2311 Jennifer.Williams@ardot.gov <image003.png> From: timfoxsixth <timfoxauthor@gmail.com> Sent: Tuesday, June 30, 2020 10:04 AM To: Williams, Jennifer <Jennifer.Williams@ardot.gov> Cc: therndon@littlerock.gov; David Anderson <gusdesigncoop@gmail.com> Subject: Potential Waiver of 5' Side Yard Setback for 1414 Park Lane/Lot 9, Block 157 to the Original City of Little Rock CAUTION: This email originated from outside of AʀDOT. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms. Williams - Good morning. My name is Tim Fox. I’ve recently purchased a lot in downtown Little Rock. For both estate planning and security purposes I’ve placed the property in the name of a trust, the TDF Family Revocable Trust. The street address is 1414 Park Lane. The legal description is Lot 9, Block 157 to the Original City of Little Rock. 4 We are currently working through both the Historic District Commission and the Board of Adjustment planning processes. As the Arkansas State Highway Commission is one of the property owners within 200’ I’ve already sent it certified mail concerning the HDC application and when the public hearing is set. That notice was simply to advise all nearby property owners that I would like to build a new residence within the extremely small portion of the MacArthur Park Historic District that is south of I-630. In downtown Little Rock the side yard setbacks are 5’. The subject lot is 50’ wide and the house footprint is 40’ wide. There is a presently undeveloped residential lot immediately to the south of my lot. The Highway Commission holds title to all of the property north of my lot. I believe it was acquired decades ago in the original condemnation proceedings for I-630. The Highway Commission has apparently granted a walking/bike pathway easement to the City of Little Rock across its property. Our thought was that since there will never be any residences built between my lot and I-630 that we would move the house footprint all the way to the boundary line on the north side, abutting the Highway Commission property. Then we are proposing to add that 5’ on to the south side of my lot, so that my residence will be 10’ feet off the south property line instead of only 5’. That would give extra distance between all of the eventual residences on my block. In speaking with the administrative folks at LR concerning the waiver of the side yard setback they indicated they would like for me to obtain an affirmative acknowledgment from the Highway Commission that it didn't have any objection with the north side of the house being placed on the north lot line instead of being set back 5’. There will be a 6’ tall brick wall on the property line on the north side of the lot and we were just going to sync it up with the building structure. To be placed on the July agenda, our application to the LR Board of Adjustment has to be filed today. I am good with the Planning Dept’s request that we receive an affirmative statement from the Highway Commission concerning waiver of the north 5’ setback. In our application for the side yard setback waiver we are going to specifically acknowledge such request and we will further state that if the setback waiver isn’t acceptable to the Highway Commission that we will not proceed with the requested side yard setback waiver. I’m attaching 3 jpgs that show: (i) the actual site layout of the house as presently designed, (ii) a blowup of a bagley map with a pen tip showing where my lot is in relation to I-630, and (iii) a survey of my lot showing the proposed setbacks. This is my personal email address. My cellphone is (501) 350-0789. I am copying David Anderson, the architect, and Tim Herndon, the Development Manager at the City of Little Rock so that their emails will be readily accessible for you. In the event the Highway Commission needs additional details, if I can’t provide them I’m sure that Mr. Anderson or Mr. Herndon can. I apologize if I have sent this to the wrong department, and if so, if you’ll let me know who needs to get it, I’ll send it to them. I completely understand if the Highway Commission has a policy against waiving setbacks under any circumstance and if so we will just site the house with 5’ on each side. It just seemed to make good sense to build the house on the north line and add some distance between my residence and any future neighbors to the south. Thank you for your time and attention to this matter. Tim. <image001.jpg> 5 <image002.jpg> <RW006873sec4004 Blk 157 Lot 9.pdf><6873-4 TR 419 WD.pdf>