HomeMy WebLinkAboutboa_05 20 2021LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA PROCEDURE
MAY 20, 2021
4:00 P.M.
I. Roll Call and Finding of a Quorum
II. Approval of the Minutes of the March 18, 2021
meeting of the Board of Adjustment
Ill. Presentation of Consent Agenda
IV. Presentation of Hearing Items
LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
MAY 20, 2021
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 March 18, 2021 meeting of the Board of
Adjustment.
The Minutes of the March 18, 2021 meeting were
approved.
Members Present: Frank Allison -Chairman
Richard Bertram-Vice Chair
Justin Grinder
Joe Justus
Katherine Lashley
Members Absent: None
City Attorney Present: Shawn Overton
LITTLE ROCK BOARD OF ADJUSTMENT
ABBREVIATED AGENDA
MAY 20, 2021
4:00 P.M.
I. OLD BUSINESS:
No Old Business
II. NEW BUSINESS:
1.Z-6631-A 4700 Crestwood Drive
2.Z-9500-A 3708 Garrison Road
3.Z-9579 4907 Crestwood Drive
4.Z-9580 1724 S. Pine Street
5.Z-9581 2217 West Road
6.Z-9582 3608 Doral Drive
7.Z-9583 Tract 1: 701 Broadway Street and
Tract 2: 403 W. 7th Street
MAY 20, 2021
ITEM NO. 1 Z-6631-A
File No.: Z-6631-A
Owners: Patrick and Mary O'Brien
Applicant: Yeary Lindsey Architects
Address: 4700 Crestwood Drive
Legal Description: Lot 31 R, Cliffwood Addition
Zoned: R-2 (Single -Family District)
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variance(s) Requested: Request from the building line provisions of Sec. 31-12 to
allow a building addition which crosses a platted side yard
building line.
Justification: The applicant's justification is presented as per the attached
letter dated February 15, 2021.
STAFF REPORT
C
Planning and Development Civil Engineering:
No Comment.
Landscape and Buffers:
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.
Building Codes:
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
1
MAY 20, 2021
ITEM NO. 1 Z-6631-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 City of Little Rock Building Codes at (501)371-4832 for additional details.
D.Staff Analysis:
The R-2 zoned property located in the Heights Overlay District at 4700 Crestwood
Drive is occupied by a two-story, brick and frame single-family residence. The parcel
occupies the northwest corner of Crestwood Drive and Palm Street with the home
facing Crestwood. A detached carport and off-street parking are accessed on the
east side of the property from Palm Street.
The applicant is proposing a first-floor master bedroom suite addition to the east side
of the existing home. A 20-foot platted building line parallel with the east property
line is indicated on the survey. The approximate 16' x 40' first-floor addition would
project past this building line roughly 10 feet at its widest point leaving no less than
10 feet for a remaining side yard setback. This setback would increase as the
addition runs southward leaving approximately 13 feet from the property line at the
southeast corner of the addition.
Section 31-12(b) of the City's Subdivision Ordinance states, "In those instances
where a recorded subdivision plat has established building setback lines in
accordance with this chapter variances of those lines shall only be granted by the
Board of Adjustment." The platted front building setback for the subject property is
20 feet, and the requested setback is 10 feet.
Staff views the request as reasonable and is supportive of the platted side yard
setback line variance. Typically, side yard setbacks in R-2 zoning districts are not
less than ten (10) percent of the average width of the lot, not to exceed eight (8) feet.
The average width of the subject property is approximately 80 feet requiring a
maximum 8-foot side yard setback. The proposed house addition will not encroach
into the R-2 side yard setback requirements.
In staffs opinion, the proposed addition poses no negative effect upon the health,
safety, or welfare of the general public, and will not detract from the value or
aesthetic of the neighborhood or surrounding properties.
If the Board approves the requested side yard setback line variance, the applicant
must then produce a one-lot replat reflecting the approved change. As such, the
applicant must also review filing procedures with the County Clerk's office to
2
MAY 20, 2021
ITEM NO. 1 Z-6631-A
determine if the replat will require a revised Bill of Assurance and respond as
necessary and appropriate, as part of said replat.
E.Staff Recommendation:
Staff recommends approval of the requested platted front setback line variance,
subject to the following conditions:
1.Completion of a replat reflecting the above-described building line change.
2.Install any required trees in accordance with the Heights Landscape Design
Overlay District.
Board of Adjustment (May 20, 2021)
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.
There was a motion to approve the application as recommended by staff. The motion
was seconded. The vote was 3 ayes, 0 noes, and 2 absent.
3
Yeary Lindsey Architects
February 15, 2021
Mr. Tim Herndon
Department of Planning and Development
723 West Markham
Little Rock, AR 72201
Re: Pat and Mary O'Brien Variance Request
4700 Crestwood Drive
Little Rock, AR 72207
Dear Tim,
Please find attached our submittal to the Little Rock Board of Adjustments requesting a
variance to allow the crossing of a platted building line at 4700 Crestwood Drive.
Our clients plan to add a first floor master bedroom suite to the east side of their existing
home. There is an existing 20' platted building line along the east side of the property. We are
proposing an addition that would project past the building line approximately 10' at the widest
point leaving no less that 10' for a remaining side yard setback. This setback would increase as
the addition runs southward leaving approximately 13' from the property line on the southeast
corner.
We feel this is a reasonable request as these setbacks are still beyond the required typical 8'
side yard setback for a lot of this size.
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,
Ellen Yeary, AIA
3416 Old Cantrell Road Llttle Rock, Arkansas 72202 501-372-5940 Fax: 501-663-0043
MAY 20, 2021
ITEM NO. 2 Z-9500-A
File No.: Z-9500-A
Owner: Gary S. & Andrea R. Goodwin
Applicant: Andrew V. Francis, PA; Barber Law Firm, PLLC
Address: 3708 Garrison Road
Legal Description: On file
Zoned: R-2 (Single-Family District)
Variance(s) Requested: An appeal of the City's denial of a Business License for Home
Occupation Accessory Use.
Justification: The applicant's justification is presented in attached letter
dated March 16, 2021.
STAFF REPORT
A.Planning and Development Civil Engineering:
No Comments.
B.Landscape and Buffers:
No Comments.
C.Building Codes:
No Comments.
D.Staff Analysis:
Rezoning Application and Appeal
3708 Garrison Road, aka Goodwin Manor, lies within the City of Little Rock extra
territorial jurisdiction (ET J), outside the City limit, and is zoned R-2 Single-Family
district. The property has been the residence of the Goodwin · family for
approximately 25 years. The Goodwins advertise and rent/lease the property (indoor
and outdoor portions of the residence and grounds) for weddings, charitable
functions, and similar events.
Responding to a complaint, in October 2019 the City issued a Zoning Violation
Notice, stating operation of an event center is not allowed in the R-2 zoning district.
The owners subsequently communicated extensively with City staff in hopes of
resolving the violation. While the owners objected to a "commercial" designation,
staff then knew, and presently knows of no alternative to a commercial designation,
because Goodwin Manor operations involve the following:
-Advertising in a variety of publications and host sites, including own
website.
Advertised rental of the venue.
-Stock in trade including advertised round tables, rectangle tables, chairs
and linens. (On-site or off-site source, type and quantity of equipment is
presently unknown.)
1
MAY 20, 2021
ITEM NO. 2(CON'T.) Z-9500-A
- Musicians, bands and/or DJs for ceremonies, receptions, and parties.
- Food service personnel including caterers, servers and bussers.
- Other vendors including photographers, florists, bridal consultants, etc.
- Associated assembly, breakdown, equipment and facility maintenance
personnel.
- Equipment haulers, trash disposal, etc.
- Security provided on -site.
- Associated vehicles and parking.
In April 2020 the applicant filed an application to Little Rock Planning Commission
for rezoning of the property from R-2 to Planned Commercial Development (PCD).
Approval of PCD zoning would allow "events" or "events center" as an accessory
use at the Goodwin residence. However, the request was denied by the Planning
Commission by a vote of 4 ayes, 5 nays and 2 absent.
The applicant then filed an appeal of the Planning Commission denial of rezoning to
the Little Rock Board of Directors. In December 2020, the Board denied said appeal
by a vote of 4 ayes, 3 nays, 2 absent and 1 present (6 "aye" votes are required for
approval.)
Business License Application Denial and Appeal —
Following denial of rezoning by the Planning Commission and Board of Directors, in
March 2021 the applicant applied for a business license as a "Home Occupation
Accessory Use." Per Section 36-253(b)(6)(d), Planning and Development
Department is the authorizing agency for granting or denying and accessory use
permit, and the permit application was denied by Planning and Development
Department on the following grounds (additional staff comments in italics.)
Sec. 36-253(b)(6)a. Home occupations shall be permitted that will not:
2. Generate traffic, parking, sewage or water use in excess of what is normal
in the residential neighborhood.
Event activity at 3708 Garrison Road has proven to generate excessive traffic
in the neighborhood, and sewage and water usage will exceed normal
residential neighborhood use during events. The property will accommodate
200 guests, and site plans submitted by the applicant delineate parking for
approximately 80 vehicles.
3. Create a hazard to persons or property, result in electric interference or
become a nuisance.
Numerous complaints indicate events and/or directly associated activities are
perceived as a nuisance.
7. Limited to five hundred (500) square feet in area, but in no case more than
forty-nine (49) percent of the floor area in a dwelling.
Although floor area square footage used for events has not been plainly
disclosed by the applicant, event activities are certain to occupy more than
the 500 square feet maximum allowable by Code.
2
MAY 20, 2021
ITEM NO. 2(CON'T.) Z-9500-A
For example, the owners' February 3, 2020 letter to staff states, ''Five or fewer
rooms of our home are utilized ... " In order for the allowable 500 square-foot
area to be adhered to, these five rooms would have to average 1 0' x 1 0' each
-which, separately or in total, would not accommodate 200 guests and/or
80+ automobiles expressed by the owners. In addition, space for
office/administration of the operation, dressing rooms for bride, groom,
wedding party and family, equipment and material storage, food preparation,
etc. is likely to occupy more than the 500 square feet allowed by Code (500
s.f = less than a 23' x 23' area.)
Also, the Goodwins' September 4, 2020 letter to neighbors states, "No
additional permanent structures are allowed other than the single [40' x 80']
proposed outbuilding shown on the site plan ... " Said 3,200 s.f outbuilding
itself would be greater than eight times the square footage allowed by Code
for a Home Occupation Accessory Use.
Finally, the March 2, 2021 Application for Business License submitted by the
owner states, ''Floor Area Used: Typically, no more than 3 rooms of the home,
totaling less than 25% of the floor area of the home." ... 25% of the Goodwin
Manor floor area is roughly 3,500 square feet of the 14, 102 total square-foot
structure, and is therefore not support.able as a Home Occupation Accessory
Use.
Note: the above criteria in Sec. 36-253(b )(6)a. must be met in order for City staff to
grant a business license.
In a March 16, 2021 cover letter accompanying this [subject] appeal of the Planning
and Development Department denial of the Home Occupation Accessory Use
business license, the applicant states:
"The Goodwins believe that due to the factors listed above, including but not
limited to the remote location of their property, the enormous size of the
property, the rural nature of the Ferndale neighborhood, the fact that the City
has stated the property is in the ET J, and other factors support granting the
Goodwins' Applications for a Business License and Home Occupation
Accessory Use."
Staff hereby responds as follows:
In accordance with the City Code, "remoteness" is not a factor for
consideration in the context of Sec. 36-253, and while the subject site is
relatively far from other more urbanized neighborhoods, the site is not
remote relative to adjacent and nearby affected neighbors.
The "rural nature" of the neighborhood is not a factor in the context of Sec.
36-253.
The "enormous size" of the property is not a factor for consideration within
the context of Sec. 36-253, although staff notes the subject development and
parking area lies within 100 feet of the property boundary, near to adjacent
properties to the east.
3
MAY 20, 2021
ITEM NO. 2(CON'T.) Z-9500-A
As stated in the applicant's letter, the property lies within the Extraterritorial
Jurisdiction (ET J ,) over which the City of Little exercises land use and zoning
regulation authority, pursuant to Ordinance No. 15,814 (establishing zoning
districts within three miles of the corporate limits of Little Rock) and to
Resolution No. 8,170.
Additional Notes (staff comments in italics) -
Commercial Use
The April 2, 2020 PZD application submitted by the owners states, "Desired Use of
Property: Single Family Residence and part time wedding/event rental." As
evidenced by the content of this report and based upon ample information and
applications submitted by the owners, Goodwin Manor operates, and proposes to
operate, as a commercial use and business.
Frequency of Events
The Goodwins' February 3, 2020 cover letter states, " ... we allow a limited number
of weddings to be hosted at our home, usually no more than 15-20 times a year."
The Goodwins' March 2, 2021 Application for Business License states, "Number of
events: Not to exceed twenty-four (24) events per year, so events will occur a
maximum of 24 days out of a 365 day year."
Relative Location
The Goodwins' February 3, 2020 cover letter states, "The tract which Goodwin
Manor sits on, is in the middle of the 80 total acres, which is owned by our family."
Per the attached site plan, it is apparent the parking lot is generally adjacent to
(within 100 feet of) off-site properties to the east.
Access
Access to Goodwin manor is via an existing 1,600-foot drive from Garrison Road to
the north, and via a 1, 100-foot drive to the south.
These drives are not constructed to public street standards and are suited to low
volume private residential use, shared by area residents. While the Goodwins have
stated they will widen, pave and illuminate these roadways "if their application is
approved," doing so would impact area residents by creating a formal thoroughfare
for approaching and departing Goodwin Manor attendees. Prospective off-site street
lighting (for what is essentially a private drive) would be out of character with the
surrounding neighborhood.
The Board of Adjustment is asked to determine if Staff's denial of a Business License
application for Home Occupation Accessory Use is appropriate pursuant to Section
36-253(b)(6)a of the Little Rock Code of Ordinances.
4
MAY 20, 2021
ITEM NO. 2(CON'T.) Z-9500-A
Board of Adjustment (May 20, 2021)
The applicant was present. There was a motion to defer the item at the applicant's
request. The motion was seconded. There was no further discussion. The vote was 3
ayes, 0 noes and 2 absent.
5
ANDREW V. FRANCIS, P.A.
ATTORNEY AT LAW
2311 BISCAYNE DRIVE, SUITE 205
LITTLE ROCK, AR 72227
TELEPHONE (501) 954-7390
ANDREW V. FRANCIS
E-MAIL ADDRESS:
A VFPA@SBCGLOBAL.NET
March 16, 2021
Mr. Monte Moore
Development Administrator
Planning and Development Department
City of Little Rock
723 W. Markham St.
Little Rock, AR 72201
Via Hand Delivery
RE: Goodwin Manor, 3708 Garrison Road, Little Rock, Pulaski County, Arkansas 72223
Appeal from Staff Decision; and
Request for Variance from Home Occupation Provisions of R-1 Zoning Ordinance,
Section 36-253(b)(6)
Dear Mr. Moore:
Mark Stodola of the Barber Law Firm, PLLC, and I represent Gary and Andrea Goodwin in the
above-referenced matters. Enclosed please find the following documents.
I.Application for Business License and Home Occupation Accessory Use Application for
Goodwin Manor, both dated March 2, 2021 ;
2.Email from City of Little Rock dated March 12, 2021, denying Home Occupation Accessory
Use Application for Goodwin Manor dated 02/02/2021;
3.Application for Zoning Variance (hardship variance) for Goodwin Manor;
4.Application for Zoning Variance (appeal of staff decision) for Goodwin Manor;
5.Twelve (l 2) copies (six copies for each variance application) of a boundary survey of the
Goodwin property at 3 708 Garrison Road and access easement to Garrison Road dated
January 27, 2020, by Johnston Surveying, Inc.;
6.Twelve (12) copies (six copies for each variance application) of a site plan of Goodwin home
dated January 27, 2020, by Johnston Surveying, Inc.;
7.My firm check in the amount of One Hundred Dollars ($100.00) as the filing fee for the
hardship variance application; and
8.My firm check in the amount of Seventy-Five Dollars ($75) as the filing fee for the appeal of
staff decision.
Below is a discussion of these applications and the facts supporting the Goodwins applications.
Page 2
Mr. Monte Moore
March 16, 2021
Since 2001, the Goodwins have lived in a large, manor-style home secluded on 83 +/-heavily-
wooded acres in far western Pulaski County. The Goodwins have always entertained at their home
and used the home for events and gatherings. For the past several years, the Goodwins have
occasionally used a small portion of their property to host charitable events and weddings, averaging
two per month with the total number of events having never exceeded more than 27 events in a
single year.
The Goodwins have vehicular access to their home over two non-exclusive easements -one from
Garrison Road, and another over an easement that runs from a gate on Kanis Road to a gate on the
Goodwin property (the "Kanis Easement"). The Kanis Easement includes the right for the
Goodwins as well as their "invitees" to use the easement.
Around the year 2019, some of the owners of the other properties that use the Kanis Easement began
to object to the Goodwins' use of the Kanis Easement. On or about October 14, 2019, shortly after
the dispute over the Kanis Easement arose, the Goodwins received a Zoning Violation Warning
Notice from the City of Little Rock that stated the Goodwins were in violation of the City of Little
Rock Zoning Ordinance by using their home as an "event center."
After receiving the Zoning Violation Warning Notice, the Goodwins contacted the City. The City
told the Goodwins that the only way to resolve the violation was to petition the City to rezone their
property as commercial. The Goodwins are now, and always have been, adamantly opposed to any
designation of their property as "commercial." The primary use of the Goodwin home has always
been as their family homestead. Even with the limited number of weddings and charitable events the
Goodwins host, they still view their home as a residence and not a commercial property. On average
it is their exclusive residence a minimum of 340 days per year. Nevertheless, after numerous
discussions with the City, the Goodwins agreed to follow the City's recommendation and file an
Application for a Planned Zoning Development (the "Application").
On or about April 2, 2020, the Goodwins filed the Application with the Little Rock Planning
Commission to rezone their property from R-1 to PCD to allow the continued occasional use of a
small part of their property to host charitable events and weddings. The City recommended the
Planning Commission approve the Goodwin's Application.
On or about September 24, 2020, the Little Rock Planning Commission heard the Application and
voted 4 ayes, 5 nays, and 2 absent, resulting in a denial of the Application. The Goodwins timely
filed and perfected an appeal of the Planning Commission's denial of the Application to the Little
Rock Board of Directors. On December 1, 2020, the Board heard the appeal of the Application from
the Little Rock Planning Commission.
The City conducted the December 1, 2020, Board meeting in person and with some Directors
participating via Zoom or other digital means. There were some apparent technical difficulties with
these digital connections that may have prevented some Directors from fully hearing presentations,
Page 3
Mr. Monte Moore
March 16, 2021
participating in the meeting, or even voting. Nevertheless, the City forged ahead with the public
hearing on the Application and the Board's vote was 4 ayes, 3 nays, two absent, and one "present"
vote. Because the Application did not obtain 6 votes in its favor, the Application was deemed
denied.
The Goodwins have filed an appeal of the Board of Directors decision with the Pulaski County
Circuit Court, and that appeal is now pending.
The Goodwins were informed by the City that their property is withing the extraterritorial
jurisdiction of the City and that it is zoned R-2. Little Rock City Code Section 36-254(b )(2) (the R-2
zoning ordinance) states that other uses permitted in the R-2 zone are home occupations as in the R-1
district. Section 36-253(b )(6) (the R-1 zoning ordinance) contains the specific provision related to
home occupations.
There are three general classifications under the home occupation provisions -permitted uses,
prohibited uses, and uses that are neither permitted nor prohibited. First, Section 36-253(b)(6)(a)
states that home occupations shall be permitted if they do not violate eleven factors. Second,
Section 36-253(b)(6)(b) lists several categories of home occupations that will be permitted if they do
not violate the aforementioned eleven factors. Section 36-253(b)(6)(c) lists twelve home
occupations that are completely prohibited.
Section 36-253(b)(6)(d) addresses those home occupations that are neither expressly permitted nor
expressly prohibited by the ordinance. Goodwin Manor falls into this category. Such uses require
an accessory use permit that is granted or denied by city staff. If staff does not grant the permit, then
the applicant can appeal staff's decision to the Board of Adjustment.
As an alternative to resolving these issues in court, the Goodwins filed an Application for Business
License and a Home Occupation Accessory Use Application. The application included a set of
conditions that Goodwin Manor would comply with during any charitable function or wedding. A
copy of the applications and conditions are attached to this letter.
Planning Department staff met with the Goodwins and reviewed their applications. On March 12,
2021, staff notified the Goodwins that it was rejecting their application.
Appeal from Staff Decision
The first application the Goodwins are filing with the Board of Adjustment is an appeal of staff's
decision to deny the Application for Business License and Home Occupation Accessory Use
Application. The Goodwins believe that due to the factors listed above, including but not limited to
the remote location of their property, the enormous size of the property, the rural nature of the
Ferndale neighborhood, the fact the City has stated the property is in the ETJ, and other factors
support granting the Goodwins' Applications for a Business License and Home Occupation
Accessory Use. The Goodwins respectfully request that the Board of Adjustment reverse the
Page 4
Mr. Monte Moore
March 16, 2021
decision of staff denying the Business License Application and Home Occupation Accessory Use
Application and grant the application.
Variance
The second application the Goodwins are filing with the Board of Adjustment is a request for a
variance from the provisions of Section 36-253(b)(6). Even if the Board of Adjustment finds that
staff correctly denied the applications pursuant to the standards set forth in Section 36-253(b )( 6), the
Goodwins respectfully request a variance from those provisions to allow the Goodwins to continue
to host occasional charitable functions and weddings, subject to all of the conditions attached as
Exhibit A to the Application for Business License and Home Occupation Accessory Use
Application, which the Goodwins incorporate into this variance application by this reference.
The Goodwins believe that the facts stated above show that it would be an undue hardship to require
the Goodwins to comply with the provisions of Section 36-253(b)(6).
Hearing
I have a copy of the City's notice form from the Planning Department website. I will obtain the
abstract company list of owners withing 200 feet of the Goodwin property, mail the required notices,
and provide you with proof of mailing within the time required.
I will obtain a notice sign and my client will post it on the property in accordance with applicable
requirements. I will provide you the Affidavit from the Goodwins authorizing my firm and the
Barber Law Firm, PLLC, to represent them in these matters.
Please schedule both applications for a hearing before the Board of Adjustment at its next regular
meeting and notify me of the date of the hearing.
Thank you very much and please don't hesitate to contact me if you have any questions or comments
or if you need anything else from me or my clients.
Cordially,
ANDREW V. FRANCIS, P.A.
Digitally signed by Andrew V. Andrew V. Francis Francis
Date: 2021.03.16 14:30:15 -05'00'
Andrew V. Francis
/avf
Enclosures
Page 5
Mr. Monte Moore
March 16, 2021
cc: Gary S. Goodwin
Andrea Goodwin
Mark Stodola
MAY 20, 2021
ITEM NO. 3 Z-9579
File No.: Z-9579
Owners: Brandon Baldwin
Applicant: Brandon Baldwin
Address: 4907 Crestwood Dr.
Legal Description: Lot 94, Cliffwood Addition to the City of Little Rock, Pulaski
County, Arkansas
Zoned: R-2 (Single-Family District)
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variance(s) Requested: Request from the area provisions of Section 36-156 to permit
more than 30% coverage of the rear yard for an accessory
building and to permit an accessory structure with a reduced
side yard setback.
Justification: The applicant's justification is presented as per the attached
letter dated March 18, 2021.
STAFF REPORT
A.Planning and Development Civil Engineering:
No Comments.
B.Landscape and Buffers:
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 (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.
1
MAY 20, 2021
ITEM NO. 3(CON'T.) Z-9579
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 (501 )371-4832 for additional
details.
D.Staff Analysis:
The R-2 zoned property located in the Heights Overlay District at 4907 Crestwood
Street is occupied by a two-story single-family masonry home. An existing drive
apron connects to the street along the east side of the property. The survey indicates
that the rear yard is mostly unoccupied except for a concrete and partially dirt and
gravel drive connecting the rear of the property to the street. The adjacent and
surrounding properties are also predominantly single-family residences.
The applicant is proposing to construct a three-car garage, behind the primary
dwelling in the rear of the property. The new structure will be located 1-foot, 6-inches
to approximately 3-feet from the east property line. A 6-feet easement is located
adjacent to the south property line and the south wall of the proposed building is
shown to be located just north of the easement. The rear and west side yard
setbacks will comply with code requirements for accessory buildings.
Sec. 36-156(a)(2)f states, "Accessory buildings shall maintain at least a three-foot
setback from any side or rear yard property line except where said rear yard abuts
on a dedicated alley. Therefore, the applicant is requesting a variance to allow the
proposed accessory structure with a reduced setback from the east side of the
property line.
The rear yard for this property is approximately 1140 square feet. The new garage
is indicated to be 794 square feet with an approximate 646 square feet located within
the 25-foot rear yard setback. The new building is proposed to cover approximately
56% of the rear yard exceeding the maximum coverage requirements by 26%.
Sec. 36-156(a)(2)c states, "Accessory buildings or structures in the R-1 through R-
4A districts ... may not occupy more than thirty (30) percent of the required rear
yard area ... "
This proposal is similar to other neighborhood installations. In Staffs opinion, the
proposed rear yard coverage variance will pose no negative effect upon the health,
safety, or welfare of the general public, and will not detract from the value or
aesthetic of the neighborhood or surrounding properties.
2
MAY 20, 2021
ITEM NO. 3(CON'T.) Z-9579
E.Staff Recommendation:
Staff recommends approval of the requested coverage variance per the attached
site plan subject to the following conditions:
1.A building permit being obtained for all construction.
2.Install any required trees in accordance with the Heights Landscape Design
Overlay District.
Board of Adjustment (May 20, 2021)
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.
There was a motion to approve the application as recommended by staff. The motion
was seconded. The vote was 3 ayes, 0 noes, and 2 absent.
3
March 18, 2021
Department of Planning & Development
723 West Markham
Little Rock, AR 72201
To whom it may concern
Re: 4907 Crestwood Dr, Little Rock, AR 72207
Variance Approval
I am asking for a Variance for the Area pr ovisions of Section 36-156 (2) (c) of the Little Rock Code of
Ordinance to permit occupation of more than 30% of the required rear yard for an accessory building.
I have attached an Elevation of the Proposed Garage, The Original Survey, and the Proposed Survey
showing the Garage (accessory building)
The Garage will be constructed to match the character of the house and neighborhood and will be set
back from the East property line by 1' -6" as required by code. It will also be set back from the rear
property line by 6' --0" as not to encroach on the Easement.
The reasons for requesting the variance are as follows:
•To house and Protect 3 Vehicles from Weather, Theft and Vandalism.
•Keep 3 Cars from Congesting the Street and Detracting from the Character of the street.
•Store lawn equipment and tools without the need for multiple unsightly storage sheds
Calculations:
•The Rear Setback measured from the rear property line x 25' is 1,156.2sf
•The portion of the Accessory building within this 25' is 646sf
•This equates to 55.8%
•This is 25.8% over the allowable 300/4 coverage area.
I am asking for your variance approval to construct this Garage (Accessory Building) as shown. Many
people have chosen to demo these old houses and, in their place, build new houses with front loading
garages. This changes the historic character of these neighborhoods. The house backs up to a green
space so there is no rear neighbor. The driveway is approximately 11' wide therefore making visibility
from Crestwood minimal. With the design matching the existing house I feel the character and integrity
of the neighborhood will be maintained.
Your consideration is appreciated.
Sincerely
Brandon Baldwin
501-410-0880
MAY 20, 2021
ITEM NO. 4 Z-9580
File No.: Z-9580
Owner: John Hughes
Applicant: Ron Bene' Woods
Address: 1724 S. Pine Street
Legal Description: Lot 6, Block 2, Cedar Heights Addition, Pulaski County,
Arkansas
Zoned: C-3
Variance Requested: A variance is requested from the area provisions of Section
36-301 to allow a building addition with a reduced side yard
setback.
Justification: The applicant's justification is presented as per the attached
letter dated March 23, 2021.
Present Use: Recreation Hall
Proposed Use: Recreation Hall
STAFF REPORT
A.Planning and Development Civil Engineering:
No Comments
B.Landscape and Buffer Issues:
1.Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
2.A perimeter planting strip is required along any side of a vehicular use area that
abuts adjoining property or the right-of-way of any street. This strip shall be at least
nine (9) feet wide. The property is located in the City's designated mature area. A
twenty-five (25%) percent reduction of the buffer requirements is acceptable. The
minimum dimension of the perimeter planting strip shall be six (6) feet nine (9)
inches. One (1) tree and three (3) shrubs or vines shall be planted for every thirty
(30)linear feet of perimeter planting strip.
The north and south perimeter planting strips are deficient.
1
MAY 20, 2021
ITEM NO. 4 (CONT.) Z-9580
3.Screening requirements will need to be met for the vehicular use areas adjacent to
street rights-of-way. Provide screening shrubs with an average linear spacing of not
less at three (3) feet within the required landscape area. Provide trees with an
average linear spacing of not less than thirty (30) feet.
4.A land use buffer six (6) percent of the average width / depth of the lot will be required
when an adjacent property has a dissimilar use of a more restrictive nature. As a
component of all land use buffer requirements, opaque screening, whether a fence
or other device, a minimum of six (6) feet in height shall be required upon the
property line side of the buffer. A minimum of seventy (70) percent of the land use
buffer shall be undisturbed. Easements cannot count toward fulfilling this
requirement. The plantings, existing and purposed, shall be provided within the
landscape ordinance of the city, section 15-81.
Screening requirements will need to be met adjacent to the north residential
zoned property. Surveyor to mark and place protective fencing adjacent to the
residential buffer before any site work begins.
7.An irrigation system shall be required for developments of one (1) acre or larger.
For developments of less than one (1) acre a there shall be a water source within
seventy-five (75) feet of all plant material if an automatic irrigation system is not
provided.
8.All landscape areas shall be protected as per City of Little Rock Landscape
Ordinance (Sec. 15-100). Provide notes on plan specifying type and location of
mulch, edging, wheel stops, and/or concrete curb and gutter.
9.All ground or roof mounted mechanical systems shall be screened from abutting
properties and streets. Any trash receptacles or pickup shall be oriented away from
a primary street side of the property and screened from the public right-of-way.
Screen shall exceed the height of the dumpster or trash containment areas by at
least two (2) feet no to exceed eight (8) feet total height.
10.The City Beautiful Commission recommends preserving as many existing trees as
feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can
be given when preserving trees of six (6) inch caliper or larger.
C.Staff Analysis:
The C-3 zoned property located on the northwest corner of Pine and 18th Streets is
occupied by a one-story masonry commercial building and a separate one-story
frame residential structure. The commercial structure was built in 1919 and is
positioned on the south property line. The front of the building faces east towards
Pine Street and is located approximately 3-feet from the street right-of-way. The
adjacent properties to the north and west across the alley are zoned R-3 and both
are occupied with single family homes. The property across Pine Street is zoned R-
3 and includes a church and associated parking while a commercial building is
located south of the subject property across 18th street on a C-3 zoned property.
2
MAY 20, 2021
ITEM NO. 4 (CON'T.) Z-9580
The existing masonry building to be retained is approximately 1,900 square feet and
currently being utilized as a recreation hall. The applicant has stated that the frame
structure will be demolished, and on-site parking will be provided in place of this
former residence.
The applicant is proposing a 550 square foot addition to the rear of the commercial
building to serve as restrooms and a lounge area for the recreation hall. The site
plan indicates that the walls of the new construction will be constructed in line with
the side walls of the existing building and extend 17-feet 4-inches to the west.
Additionally, 5 parking spaces are purposed between the building addition and the
west property line which will be accessed from the alley.
Section 36-301 (e)(2) states "No side yard shall be required except where abutting
a residential district; then there shall be a side yard width of not less than fifteen (15)
feet. On a ·corner lot, the side yard on the street side or exterior side shall be equal
to the front yard setback." Therefore, the applicant is requesting a variance to allow
the building addition with a side yard setback of less than 1-foot and an interior side
setback of approximately 14 feet.
The existing building to remain does not fall within the front or side yard setback
requirements of the current code. To provide an addition to this building that would
comply with the setback requirements would only allow for a structure 7-feet in
width.
Staff views the side yard variance request as reasonable. The proposed reduced
side yard setbacks will not be out of character with how this site has developed. In
addition, the variance will allow the building expansion to advance in a logical
progression.
The proposed parking does not meet the north or south or perimeter planting strip
requirements of a minimum of 6-feet 9-inches. A variance from The City Beautiful
Commission will be required before the parking can be developed as indicated on
the site plan. Staff recommends reducing the parking to 4 spaces and providing
perimeter planting areas, landscape, and screening as per Chapter 15 -
Landscaping and Tree Protection.
D.Staff Recommendation:
Staff recommends approval of the requested building addition with a reduced side
yard setback subject to the following conditions:
1.Compliance with the Landscape and Buffer requirements as noted in paragraph
B.of the staff report.
2.Revise plan to remove/eliminate concrete curb and gutter from extending beyond
north property line onto adjacent property and adjacent property alleyway
frontage at the northwest portion of the site.
3
MAY 20, 2021
ITEM NO. 4 (CON'T.) Z-9580
Board of Adjustment (May 20, 2021)
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.
There was a motion to approve the application as recommended by staff. The motion
was seconded. The vote was 3 ayes, 0 noes, and 2 absent.
4
\¥GROUPINC
WOODS GROUP ARCHITECTS
March 23, 2021
Monte Moore
Development Administrator
City of Little Rock
723 West Markham
Little Rock, Ar 72201
RE: 18th Street Recreation
Mr. Moore:
We are submitting the attached Site Plan for review by the Little Rock Board of Adjustment. The
existing use of the building is a recreation hall, and this use will remain unchanged. We are
requesting waivers from the setback requirements of this C-3 zoned property; so we can add an
approximately 550 square-foot addition to the rear of the building. We are requesting variances
from both side yard setbacks which if adhere to would only allow an addition that is 7 feet wide
(see Site Plan).
We are demolishing the residential structure to the west of this building to make way for five(S)
new on-site parking spaces. Currently we only have street parking. We are also requesting
landscape variances to allow for encroachments as shown on the Site Plan to install the new
parking. This addition will allow my client to install some desperately needed restroom facilities
and a lounge area away from the recreation area.
We hope this submission is viewed favorably and we thank you for the opportunity to make this
request. If there is any additional information required please contact our office or my cell listed
below.
Respectfully,
WOODS GROUP ARCHITECTS
Ron Bene' Woods
President
(501)425-4972
1401 BISHOP STREET ♦LITTLE ROCK, AR 72202 ♦PH (501) 372-2230
MAY 20, 2021
ITEM NO. 5 Z-9581
File No.: Z-9581
Owners: Kelly Olson
Applicant: Yeary Lindsey Architects
Address: 2217 West Road
Legal Description: Lot 120, Westover Hills Addition
Zoned: R-2
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variance(s) Requested: A variance is requested from area regulations of Sec. 36-254
to allow a reduced rear yard and front yard setback in the R-2
district.
A variance is requested from the building line provisions of
Sec. 31-12 to allow a building addition which crosses a platted
side yard building line.
Justification: The applicant's justification is presented as per the attached
letter dated March 22, 2020.
STAFF REPORT
A. Planning and Development Civil Engineering Comments:
No Comments.
B. Buffering and Landscape Comments:
No Comments.
C. Building Codes Comments:
No Comments.
D. Staff Analysis:
The R-2 zoned property at 2217 West Road is located within a predominantly R-2
zoned neighborhood. The parcel occupies the southeast corner of West Road and
Westover Drive with the home facing West Road. The survey indicates the lot to be
65 feet in width and 133.8 feet in length. A drive and attached garage are accessed
on the north side of the property.
MAY 20, 2021
ITEM NO. 5 (CONT.) Z-9581
The applicant is proposing a new wrap around covered porch on the front and side
of the house which will face the adjacent streets right-of-way. A 30-foot platted
building line parallel with the west property line is indicated on the survey. The porch
addition is indicated to project past this building line 7 feet into the 30-foot platted
setback line leaving no less than 22.5 feet for a remaining front yard setback. This
setback would slightly increase as the addition progresses northward leaving
approximately 23 feet from the property line at the northwest corner of the addition.
The north side of the porch will be in compliance with the 10% side yard setback.
The applicant is also proposing to enclose the exiting garage on the east side of the
home to create an additional living space. As part of this request an expansion of
the home is being proposed to serve as a new 2-car garage. The proposed length
of the primary structure will be approximately 99 linear feet expanding into the rear
yard setback 19.7 feet. This will reduce a portion of the required 25-foot setback
width to 6 feet. If this were an accessory structure (detached) it would be permitted
in the rear yard with setbacks as narrow as three (3) feet and with no variance.
Section 36-254(d)(3) states "There shall be a rear yard setback having a depth of
not less than twenty-five (25) feet." Section 36-254(d)(1) states, "There shall be a
front yard setback having a depth of not less than twenty-five (25) feet." Therefore,
the applicant requests variances to allow the extension of the primary structure into
the rear yard setback reducing the setback to no less than 6 feet and a reduction of
the front yard setback to 23-feet.
Section 31-12(b) of the City's Subdivision Ordinance states, " In those instances
where a recorded subdivision plat has established building setback lines in
accordance with this chapter variances of those lines shall only be granted by the
Board of Adjustment." The platted front building setback for the subject property is
30 feet, and the requested setback is 23 feet.
In Staff' s opinion, the proposed additions will pose no negative effect upon the
health, safety, or welfare of the general public, and will not detract from the value or
aesthetic of the neighborhood or surrounding properties.
If the Board approves the requested front platted building line variance, the applicant
must then produce a one-lot replat reflecting the approved change. As such, the
applicant must also review filing procedures with the County Clerk's office to
determine if the replat will require a revised Bill of Assurance and respond as
necessary and appropriate, as part of said replat.
E. Staff Recommendation:
Staff recommends approval of the requested rear yard setback reduction from
twenty-five (25) feet to a minimum of 6 feet, per the attached site plan.
Staff additionally recommends approval of the requested platted building line from
30 feet to a minimum of 22.5 feet, subject to the following condition:
Completion of a replat reflecting the above-described building line change.
2
MAY 20, 2021
ITEM NO. 5 (CONT.) Z-9581
Board of Adjustment (May 20, 2021)
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.
There was a motion to approve the application as recommended by staff. The motion
was seconded. The vote was 3 ayes, 0 noes, and 2 absent.
3
Yeary Lindsey Architects
March 22, 2021
Mr. Tim Herndon
Department of Planning and Development
723 West Markham
Little Rock, AR 72201
Re: Olson Residence Variance Request
2217 West Road
Little Rock, AR 72207
Dear Tim,
Please find attached our submittal to the Little Rock Board of Adjustments requesting a rear yard
setback variance and variance to allow the crossing of a platted building line for the property at 2217
West Road.
Our client hopes to convert her existing garage into a den and exercise room and allow for
enlargement of an existing small bedroom. We are proposing the addition of a new 2 car garage
directly east of the existing garage. This addition would require the rear yard setback to be reduced
to 6' from the east property line. We feel this request is reasonable because the house is on a
comer lot and the side yard to the south (which is what the owner considers her backyard) is 19.7'
from the south property line and creates plenty of usable yard space and breathing room from the
neighboring lot.
We are also asking for a variance to allow the crossing of a platted building line to allow
a covered wrap-around porch at the northwest comer of the house. The north side of the porch will
project 10'-4" creating a side yard setback of 6'-8" at the porch area. This north side of the porch is in
compliance with the 10% side yard setback requirement
The west side ot the new porch is proposed to project 7' into a platted 30' building line that runs
along West Road, reducing the front yard setback to 23' from the west property line. When traveling
further to the south on West Road it is evident that some properties have already breached this 30'
line. We feel that this new porch would blend nicely with the neighborhood and help the front façade
feel more inviting.
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,
Jtl@h ';Y
Ellen Yeary, AIA
3416 Old Cantrell Road Little Rock, Arkansas 72202 501-372-5940 Fax: 501-663-0043
MAY 20, 2021
ITEM NO. 6 Z-9582
File No.: Z-9582
Owners: Carl / Kimberly Carter
Applicant: Carl / Kimberly Carter
Address: 3608 Doral Drive
Legal Description: Lot 34, Block 9, Pleasant Valley Addition
Zoned: R-2
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variance(s) Requested: A variance is requested from the building line provisions of
Sec. 31-12 to allow a building addition which crosses a platted
front yard building line.
A variance is requested from area regulations of Sec. 36-254
to allow a reduced front yard setback in the R-2 district.
Justification: The applicant's justification is presented as per the attached
letter dated March 15, 2021.
STAFF REPORT
A. Planning and Development Civil Engineering Comments:
No Comments.
B. Buffering and Landscape Comments:
No Comments.
C. Building Codes Comments:
No Comments
D. Staff Analysis:
The R-2 zoned property located in the Pleasant Valley neighborhood at 3608 Doral
Drive is occupied by a one-story two-family brick and frame home. The adjacent and
surrounding properties are also occupied by single family residences except for a
larger parcel further to the east zoned R-2 CUP which houses the Congregation
B'nai Israel. The terrain along Doral is generally characterized as having a higher
elevation on the north side of the street and sloping to the homes at a lower elevation
to the south. The subject property is located on the south side of the road with drive
access located on the east side of the property.
1
MAY 20, 2021
ITEM NO. 6 (CON'T.) Z-9582
The applicant is proposing to install a treated pine stairway approximately 24-feet in
length from the street level of the property to the home's lower entry. The sketch
provided indicates a 10-foot easement south of the property line adjacent to Doral
Street and a 35-foot platted building setback line. The normally required front yard
setback for R-2 zoned properties is 25-feet. The stairway will start immediately south
of the 10-foot easement locating 14-linear feet of the proposed structure outside of
the 25-foot building setback. The remaining 10-linear feet of the stairway will
continue to extend southward and terminate at the 35-foot platted building line.
Section 31-12(b) of the City's Subdivision Ordinance states," In those instances
where a recorded subdivision plat has established building setback lines in
accordance with this chapter variances of those lines shall only be granted by the
Board of Adjustment." The applicant requests a variance to allow a reduction of the
35-foot platted front building setback to10-feet.
Section 36-254(d)(1) states, "There shall be a front yard setback having a depth of
not less than twenty-five (25) feet." The applicant requests a variance to allow a
reduction of the required front yard setback to 10 feet.
The applicant has stated that there are existing stairway structures in the
neighborhood that are similar in style and function as the proposed. In addition, the
applicant has communicated that the design and location of the structure has been
reviewed by the neighborhood homeowner's association and approved.
In Staffs opinion, the proposed stairway will pose no negative effect upon the health,
safety, or welfare of the general public, and will not detract from the value or
aesthetic of the neighborhood or surrounding properties. In addition, Staff finds the
request to generally be in conformance with the development pattern in the
neighborhood. Based on the above assessment and analysis, Staff finds the
requested variances to be reasonable.
If the Board approves the requested front yard setback line variance, the applicant
must then produce a one-lot replat reflecting the approved change. As such, the
applicant must also review filing procedures with the County Clerk's office to
determine if the replat will require a revised Bill of Assurance and respond as
necessary and appropriate, as part of said replat.
E.Staff Recommendation:
Staff recommends approval of the requested platted front building line reduction
from 35 feet to a minimum of 10-feet, with the following condition:
Completion of a replat reflecting the above-described building line change.
2
MAY 20, 2021
ITEM NO. 6 (CONT.) Z-9582
Board of Adjustment (May 20, 2021)
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.
There was a motion to approve the application as recommended by staff. The motion
was seconded. The vote was 3 ayes, 0 noes, and 2 absent.
3
BLACKWOOD CONSTRUCTION
License No. 0408321221
Variance Application for 3608 Doral Drive Little Rock AR 72212 3/15/2021
Attn: Little Rock Board of Adjustment
We are seeking to obtain a variance to construct a 24' Staircase within a 35' build line
located at the North side of 3608 Doral Drive Little Rock AR 72212 as marked on
provided survey. The staircase will be set of 10' from Doral Drive to observe 10' easement
and will be constructed of treated pine set in concrete footings with 36" handrailing. The
purpose of the proposed staircase is to ensure safe pedestrian traffic to and from the
residence for the occupants and visitors. The grade of the hill is very steep and creates
a hazard that could cause injury. The local HOA has already approved the style and location
of the staircase and all residents with 200' of 3608 Doral Drive have been notified as
requested with application process. To further support our approval there are already
existing structures in the neighborhood that are very similar in style and purpose as to
what we are proposing. We thank you for your consideration in this variance as it is
paramount we ensure pedestrian safety while maintaining a visual appeal to the
neighborhood.
Sincerely, Jason Rogers
Blackwood Construction I.LC
MA7 20, 2021
ITEM NO. 7 Z-9583
File No.: Z-9583
Owners: Tract 1: RBA Broadway Partners, LLC
Tract 2: Spring Street Holdings, LLC
Applicant: Stephen R. Giles
Address: Southeast Corner of Broadway Street and 7th Street
Tract 1: 701 Broadway Street
Tract 2: 403 W 7th Street
Legal Description: Tract 1: Lot 1, 2, and 3 Block 107, of the original City of Little
Rock, Pulaski County, Arkansas
Tract 2: Lot 10, 11, and 12 Block 107, of the original City of Little
Rock, Pulaski County, Arkansas
Zoned: UU Urban Use District
Present Use: Tract 1: Restaurant with drive-through service (Vacant) I
Surface Parking
Tract 2: Commercial I Restaurant/ Surfacing Parking
Proposed Use: Drive-Thru Restaurant
Variance(s) Requested: The drive-thru provisions of Sec. 36-342.1 to allow a new
drive-through facility that is visible and takes direct access
from the primary streets.
The landscape provisions of Sec. 36-342.1 to eliminate the
required street trees.
The building orientation provisions of Sec. 36-342.1 to allow a
building without orientation to the primary street.
The street-level floor provisions orientation provisions of Sec.
36-342.1 to allow the ground level floor of a structure without
the minimum surface area of 60% transparent or window
display.
The sign provisions of Sec. 36-342.1 to allow a ground
mounted sign.
1
MAY 20, 2021
ITEM NO. 7 (CONT.) Z-9583
The provisions of use regulations of Sec. 36-342.1 to allow
the number of seats in an outdoor seating area to exceed
50% of the seats within the eating place.
The sign provisions of Sec. 36-557 to allow a on-premise
sign without street frontage.
Justification: The applicant's justification is presented as per the attached
letter dated March 23, 2021.
STAFF REPORT
A. Planning and Development Civil Engineering Comments:
1. At time of building permit, a 20 feet radial dedication of right-of-way is required at
the intersection of Broadway St. and W. 7th St.
2. At time of building permit, repair or replace any curb, gutter, sidewalk and access
ramps that are damaged and not in compliance with ADA recommendations in the
public right-of-way prior to occupancy.
3. At time of building permit, obtain permits for improvements within State Highway
right-of-way from AHTD, District VI.
4. A franchise agreement must be approved by the Little Rock Board of Directors for
the use of the public alley prior to issuance of a building permit.
5. At time of building permit, street Improvement plans shall include signage and
striping. Public Works must approve completed plans prior to construction.
6. Prior to building permit, submit a Traffic Impact Study for the proposed project.
Study should address trip generation, trip distribution, and queuing lengths for the
development and also should take into account existing and projected traffic
growth.
7. Damage to public and private property due to hauling operations or operation of
construction related equipment from a nearby construction site shall be repaired
by the responsible party prior to issuance of a certificate of occupancy.
B. Buffering and Landscape Comments:
1. Site plan must comply with the Little Rock Zoning Ordinance, Sec. 36-342.1. UU
Urban Use District and the City's minimal landscape and buffer ordinance
requirements.
2. Signage is to be reviewed and permitted separately.
3. A perimeter planting strip is required along any side of a vehicular use area that
abuts adjoining property or the right-of-way of any street. This strip shall be at least
2
MAY 20, 2021
ITEM NO. 7 (CONT.) Z-9583
4. nine (9) feet wide. The property is located in the City's designated mature area. A
twenty-five (25%) percent reduction of the buffer requirements is acceptable. The
minimum dimension of the perimeter planting strip shall be six (6) feet nine (9)
inches. One (1) tree and three (3) shrubs or vines shall be planted for every thirty
(30)linear feet of perimeter planting strip.
5. Screening requirements will need to be met for the vehicular use areas adjacent
to street rights-of-way. Provide screening shrubs with an average linear spacing of
not less at three (3) feet within the required landscape area. Provide trees with an
average linear spacing of not less than thirty (30) feet.
6. For parking areas with twelve or more spaces eight percent (8%) of the vehicular
use area must be designated for green space; this green space needs to be evenly
distributed throughout the parking area(s). The minimum size of an interior
landscape area shall be one hundred fifty (150) square feet for developments with
one hundred fifty (150) or fewer parking spaces.
7. Building landscape areas shall be provided between the vehicular use area used
for public parking and the general vicinity of the building. These shall be provided
at the rate equivalent to planter strip three (3) feet wide along the vehicular use
area. One (1) tree and four (4) shrubs shall be planted in the building landscape
areas for each forty (40) linear feet of vehicular use area abutting the building.
8. An irrigation system shall be required for developments of one (1) acre or larger.
For developments of less than one (1) acre a there shall be a water source within
seventy-five (75) feet of all plant material if an automatic irrigation system is not
provided.
9. All landscape areas shall be protected as per City of Little Rock Landscape
Ordinance (Sec. 15-100). Provide notes on plan specifying type and location of
mulch, edging, wheel stops, and/or concrete curb and gutter.
10. All ground or roof mounted mechanical systems shall be screened from abutting
properties and streets. Any trash receptacles or pickup shall be oriented away from
a primary street side of the property and screened from the public right-of-way.
Screen shall exceed the height of the dumpster or trash containment areas by at
least two (2) feet no to exceed eight (8) feet total height.
11. The City Beautiful Commission recommends preserving as many existing trees as
feasible on this site. Credit toward fulfilling Landscape Ordinance requirements
can be given when preserving trees of six (6) inch caliper or larger.
12. Any Chapter 15, landscape code requirements that cannot be met may require a
variance from the City Beautiful Commission.
C. Building Codes Comments:
No Comments
3
MAY 20, 2021
ITEM NO. 7 (CON'T.) Z-9583
D. Staff Analysis:
Chick-fil-A is proposing to construct a new restaurant on the Urban Use (UU) zoned
property located at the southeast corner of Broadway and W. 7th Streets.
The applicant has stated that the property will be developed with a two-lane drive
thru and order pick up windows. Traffic will ingress and egress from a modified
Broadway curb cut and a second location from the current Spring Street drive curb.
There will be no indoor dining, but outdoor dining and a service window will be
provided for the restaurant.
The proposed development consists of two separate tracts of land. The first tract is
the site of a vacant former McDonalds restaurant on the corner of Broadway and W.
7th Streets. Surface parking is located south and east of the building.
The second tract of land is located on the southwest corner of Spring and W. 7th
Streets. This parcel is occupied by single commercial building built to the north, east
and west, property lines. Surface parking is located south of the building. The west
property line is adjacent to a platted alley that divides the two tracts.
The applicants are requesting several variances from the UU district development
criteria established in Section 36-342.1 (c). The variances are as follow:
1. Section 36-342.1. (c)(3) [Drive-in or drive-through facilities.] states, "No new drive
in or drive-through facilities may be visible or take directed access from a primary
street." (Broadway and Spring Streets). Drive-through facilities will be located on
the northside of the building adjacent to W. 7th Street and will be visible from both
7th and Broadway Streets.
2. Section 36-342.1 (c)(5)(b) Landscaping. B. states, "Street trees a minimum of
three-inch caliper shall be required ... The trees shall be located a minimum of two
(2)feet off the back of a curb and shall be thirty (30) feet on center and no closer
than thirty (30) feet to a street intersection with a water source provided ... "
Broadway is a state/US Highway and the right-of-way is controlled by ARDOT.
There are utilities on both 7th and Spring Streets which may prohibit the planting
of street trees. The applicant is requesting that the requirement for street trees be
eliminated adjacent to the proposed development.
3. Section 36-342.1 (c)(7) Building orientation, states, "Buildings must be oriented to
the street. The primary entrance of the building shall be at street level on the street
at the sidewalk. Entrances shall be designed so that the door will not swing
beyond the property line." The building will not include indoor dinning or ordering.
Drive-through service will be located adjacent to 7th Street and pedestrian traffic
will order at widows facing Broadway separated by a drive aisle.
4
MAY 20, 2021
ITEM NO. 7 (CON'T.) Z-9583
4. Section 342.1 (c)(B) Street-level floor, states, "The ground-level (street fronting)
floor of nonresidential structures shall have a minimum surface area of sixty (60)
percent transparent or window display." Transparency requirements are
requested to be less than 60% due interior public spaces not being provided.
5. Section 36-342.1 (c)(11) Signs, states, Ground-mounted signs are discouraged
and may only be permitted as a variance as per division 2 of this chapter. If
permitted the sign must adhere to the size requirements of Sec. 36-555 -Signs
permitted in commercial zones. Applicant is requesting a variance to allow for a
ground mounted sign.
6. Section 36-342.1 (d) Use Regulations, (1) a. 2. states, "The number of seats in the
area of outdoor seating shall not exceed fifty (50) percent of the number
of seats within the eating place," The applicant is requesting outdoor seating to
be allowed to exceed 50% interior requirement due to the elimination of the interior
dining area.
7. Section 36-557 (a) Special provisions for on-premises signs and other sale
promotion devices., states, "All on-premises wall signs must face required street
frontage ... " The applicant is requesting an additional sign that will face the
adjacent south property. This sign will be visible to traffic traveling north on
Broadway.
The applicant is attempting to develop a vehicular oriented restaurant and feels the
UU requirements would not be favorable to this business and has noted that the
requested variances have been granted to other drive-thru restaurants in the area.
Staff believes that each of the requested variances is appropriate.
E. Staff Recommendation:
Staff recommends approval of the requested variances, subject to compliance with
the Public Works and Landscape comments outlined in paragraphs A & B of the
staff report.
Board of Adjustment (May 20, 2021)
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.
There was a motion to approve the application as recommended by staff. The motion
was seconded. The vote was 3 ayes, 0 noes, and 2 absent.
5
DOVER DIXON HORNE PLLC
Attorneys at Law
CYRIL HOLLINGSIIIIORTH
MICHAEL 0. PARKER
JOSEPH H. PURVIS
JOHN B. PEACE
MICHAEL G. SMITH
GARY 8. ROGERS
THOMAS S. STONE
STEVE l. RIGGS GARLAND W. BINNS, JR.
WILLIAM DEAN OVERSTREET
MONTE D. ESTES
425 W, CAPITOL AVE STE 3700
LITTI.E ROCK., ARKANSAS 72201-3465
TELEPHONE {501) 375,9151 FACSIMILE (501) 375-6484
DARRELL D. DOVER (1933-2009)
PHILLIP E DIXON (1932-2005)
ALLAN W. HORNE (1932-2018)
STEPHEN R. GILES JAMES PAUL BEACHBOARD
CAL McCASTl,AIN CARL F, [TREY) COOPER, Ill
ADRIENNE M. GRIFFIS WILLIAM J. OGLES
WWW doyC?tdtx,oQh?:no g,m iii MERITAS
MARK H. ALLISON
RANDALL L. BYNUM ELIC. BAUER
TODD WOOTEN MICHAEL M. POLLOCK
T.J. LA\11/HON
MATTHEW C. BOCH
March 23, 2021
City of Little Rock
Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201
Re: Re-development of the North Half of Block 107 at the
Intersection of Broadway and 7th Street
Dear Zoning Administrator:
This letter is to request zoning variances for the property described above. The
variances are enumerated in the Application presented to Staff. Essentially, the re
development will be for a new Chick-fil-A ("CFA") drive-thru restaurant at this location.
CFA plans to remove the vacant former McDonald's restaurant building and the strip
office/retail building facing 7 th Street. After demolition and removal CFA intends to
construct a new restaurant with a two-lane drive-thru to order and pick-up windows.
Traffic ingress and egress will be from the current Broadway drive cut and a second
access drive on the east side off Spring Stmet at the curreint drive cut. There will be no
indoor dining but there will be outdoor dining and window service as shown on the
submitted site plan.
The applicant has requested variances from the strict application of certain
development regulations. Without these variances the applicant submits that it would
suffer substantial hardship in that:
a.The property is zoned UU Urban Use which is modeled to facilitate
"pedestrian amenities" and "pedestrian-urban orientation".
b. CFA is proposing essentially a vehicle oriented use which makes it
unfeasible to comply with the requirements of the UU district.
c. The applicant is basically requesting the same variances that have been
granted to other drive-thru facilities in the area, such as the new
McDonald's, Jimmy John's, Popeye's, Wendy's, Starbucks, and a branch
bank and 8th and Broadway.
DOVER DIXON HORNE PLLC
Page 2
d. The re-design of this property will accomplish better traffic safety and
security particularly at the ingress and egress points of the property.
e. We request the variance from the building landscaping provisions
of Chapter 15, Section 15-98 to not require building landscaping. Removing
direct buil ding planting areas decreases the effect of water intrusion on the
prepared foundation soils of the building and helps to remove potential
areas for rodent hiding places around the perimeter of eating
establishments.
We respectfully submit our application and supporting document information for
the variance request. Please let us know if any additional information is needed for the
May 20, 2021, Little Rock Board of Adjustment meeting.
Sincerely,
DOVER IXON HORNE PLLC
Stephen R. Giles
Agent for Property Owners and
Outside Counsel of Chick-fil-A, Inc.
SRG/als
Board of Adjustment
20-May-21
Webex Attendees
Item# Name Email Phone# For/Against Speaker
General Attendance George Bujarski georgebl@me.com 501-944-1556 Neutral No
7 Todd Rogers tmrogers@greydenlle.com -For If needed
7 Getra Sanders getra.sanders@cfacor .com -for If needed
BOARD OF ADJUSTMENT -VOTE RECORD
DATE: 05-20-21
Time In / Time Out
ALLISON, FRANK
BERTRAM, JAMES
GRINDER, AUSTIN
JUSTUS, JOE
LASHLEY, KATHERINE
Time: 4:00PM
In
p
A
p
A
p
ITEM & VOTE Item Number: Minutes
03-18-21
ALLISON, FRANK ✓
BERTRAM, JAM ES A
GRINDER, AUSTIN ✓
JUSTUS, JOE A
LASHLEY, KATHERINE ✓
Out
Consent 1 2
✓ ✓ Deferral
A A A
✓ ✓ Deferral
A A A
✓ ✓ Deferral
3
✓
A
✓
A
✓
P= Present
R=Webex
4
✓
A
✓
A
✓
5 6 7
✓ ✓ ✓
A A A
✓ ✓ ✓
A A A
✓ ✓ ✓
_::/__AYE _•_NAVE ABSENT _JLRECUSE AB ABSTAIN Meeting Adjourned 4:11 PM
MAY 20, 2021
There being no further business before the Board, the meeting was adjourned at 4:11
p.m.
Date: ------------
Chairman Secretary