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HomeMy WebLinkAboutboa_07 15 2021BOARD OF ADJUSTMENT Frank Allison — Chairman James Bertram— Vice -Chairman Austin Grinder Joe Justus Katherine Lashley The five (5) member board of Adjustment is a quasi-judicial body. Il(earing Procedure — Opportunities to speak will be given to the applicant and others for or against an application. A spokesperson should be designated for large groups to avoid repetition and save time. Each person speaking is requested to use the microphone. giving first his or her name and address. Persons in the audience are requested to keep conversations to a minimum and to refrain from clapping or other noises. Your cooperation is appreciated. Voting — During Public Hearings where fewer than the full Board membership is present, every application shall be required to receive three (3) affirmative votes to approve or deny issues other than procedural matters. Those items failing to receive three (3) votes for approval or denial are automatically deferred to the next scheduled meeting as specified by the Little Rock Board of Adjustment. An application not receiving three (3) votes either for approval or denial on the second appearance before the Little Rock Board of Adjustment is automatically denied. If the full Board is present al the first appearance and an application does not receive at least three (3) affirmative votes, then the application is automatically denied. Time Limit — All variances for approval with or without conditions shall be granted for a period of two years from the date of approval. Within the two year time period the applicant should have obtained a building permit as well as initiate some type of construction. Appeal — In the event of denial of the variance requested, the applicant has the right to file an appeal with Circuit Court if pursuit of the request is desired. Office — For information or assistance, contact can be made at the Department of Planning and Development, located on the first floor, 723 West Markham Street or by telephoning 371-4790. LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE JULY 15, 2021 4:00 P.M. I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the June 17, 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 JULY 15, 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 June 17,2021 meeting of the Board of Adjustment. The Minutes of the May 20,2021 meeting were approved. Members Present: Frank Allison -Chairman Richard Bertram-Vice Chair Justin Grinder Joe Justus Katherine Lashley Members Absent: None City Attorney Present: Sherri Latimer LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA JULY 15, 2021 4:00 P.M. I. OLD BUSINESS: No Old Business II. NEW BUSINESS: 1. Z-5383-D 5510 Kavanaugh Blvd. 2. Z-9590 1700 Beechwood Street 3. Z-9591 6 Blue Ridge Circle 4. Z-9598 2401 N. Pierce Street 5. Z-9599 1901 N. Spruce Street JULY 15, 2021 ITEM NO.: 1 Z-5383-D File No.:Z-5383-D Owner: Kavanaugh Restaurant Properties LLC/ Prego Inc, Attn: John Stephens Applicant: John Stephens Address: 5510 Kavanaugh Blvd Description: Lot 12, Block 22, Newton's Addition Zoned: C-1 CUP Variance(s) Requested: The parking provisions of Section 36-502 to permit the expansion of an existing restaurant without providing additional parking. The area regulations of Sec. 36-299 to allow a reduced rear yard setback and to permit more than 35% lot coverage of principal and accessory buildings in the C-1 district. Justification: The applicant's justification is presented as per the attached letter. Present Use: C-1 CUP, Restaurant Proposed Use: C-1 CUP, Restaurant STAFF REPORT A.Planning and Development Civil Engineering Comments: No Comment. B.Buffering and Landscape Comments: No Comment. C.Building Codes Comments: No Comment. D.Staff Analysis: The C-1 CUP zoned property is located within the Heights Overlay District at 5510 Kavanaugh Blvd. This overlay district generally has no bearing on the subject variance requests. The property was originally developed in 1931 as a single-family home but has served as a restaurant space since the early 1990's. The site is mostly 1 JULY 15, 2021 ITEM NO.: 1 (CONT.) Z-5383-D paved and occupied by a one-story frame building. Two onsite parking spaces are located between the building and the Kavanaugh right-of-way, a service drive adjacent to the east property line connects the street to a service court at the back of the property which includes a detached refrigerator and storage building. The detached accessory structures are shown on the applicants sketch to be located within the required setbacks. The immediate surrounding properties fronting Kavanaugh are zoned commercial or office and occupied by retail, restaurants I bars, a bank, and post office facility. The adjacent properties to the north are zoned R-2 and occupied by single family homes that face Stonewall Rd. The applicant is proposing to renovate the restaurant and provide an additional 993 square feet to the existing building. Sec. 36-502. -Required off-street parking states that restaurants require 1.0 space for each 100 square feet of gross floor area. This building addition would normally require 9 onsite parking spaces to be incorporated into the allotted parking area. However, as part the original 1993 CUP the restaurant developer requested that the Planning Commission waive the parking requirements. Based on this request the Planning Staff recommend denial and the Planning Commission did not approve the CUP. This decision was then appealed to the Board of Directors and overturned with a unanimous approval. The applicant has stated that the existing building footprint is 2,090 square feet and placed on a 7,000 square foot lot. After the renovation, the building is proposed to be a total of 3,083 square feet. The expansion of the building will be located at the back of the property which will encroach across the 25-foot rear yard setback line 4-feet, 8.5-inches. The additional square footage will also cause the building to exceed the 35% lot coverage of principal and accessory buildings in the C-1 district. Sec. 36-502(b)(3)(c) States, "Restaurants (and similar establishments serving food and beverages), 1.0 space for each one hundred (100) square feet of gross floor area." The applicant is requesting that the additional onsite parking requirement for the square footage expansion be waived. Sec. 36-299(e)(3) Rear yard states, 'There shall be a rear yard having a depth of not less than twenty-five (25) feet." The applicant is requesting that rear yard setback be reduced to 20.25 feet. Sec. 36-299(e)(5) Lot coverage states, "Maximum lot coverage for all principal and accessory buildings shall be thirty-five (35) percent of the total area of the site." The applicant is requesting up to a 44% lot coverage be allowed. Based on the analysis above, Staff believes the subject proposal is in keeping with the character and scale of the neighborhood and views the variance request as reasonable. 2 JULY 15, 2021 ITEM NO.: 1 (CONT.) Z-5383-D E.Staff Recommendation: Staff recommends approval of the requested parking, rear yard setback, and coverage requirements as indicated on the submitted survey/ site plan sketch, 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 if applicable. Board of Adjustment (July 15, 2021) Mr. David Porter and Mr. Rodney Parham of Polk Stanley Wilcox Architects were present representing the applicant. Staff presented the item and a recommendation of approval. The applicants stated they agree with staff's recommendation and have tried to minimize the footprint of the addition, while considering the needs of the client and neighboring property owners. The applicant deferred to the opposition. Ms. Erin Hohnbaum addressed the Board stating was in neither in support nor opposition of the application. She stated her home is located north of the subject property and is in favor of the renovations. However, her concern is regarding how this will affect her property and what type of functions would be included in the proposal. Mr. Parham responded that the renovation will not include windows will at the back of the building, exterior lighting will be directed inward, and the rear door will be for egress only. It was also stated that the noise levels could not be guaranteed, and the rear of the property will be maintained primarily as a service area with no outdoor patio being proposed with the expansion. Erin Hohnbaum responded she was in agreeance with no patio area proposed in the rear of the property and this resolved her concerns. Board Member Grinder inquired about the extent and square footage of the expansion. In response Mr. Parham stated the expansion would be to the north of the existing structure and include aa new kitchen with wrap-around dining. A motion was made and seconded to approve the item as outlined by staff in the "staff recommendation" and conditions above. The vote was 5 ayes, 0 nays and 0 absent. 3 JULY 15, 2021 ITEM NO.: 2 Z-9590 File No.: Z-9590 Owners: Walton Mary Ellis Bullion Revo Living Trust Applicant: Ellis Walton Address: 1700 Beechwood Street Legal Description: Lot 7, Cliffwood Addition to the City of Little Rock 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 setback in the R-2 district. Justification: The applicant's justification is presented as per the attached letter. STAFF REPORT A Planning and Development Civil Engineering Comments: No Comments. B.Buffering and Landscape Comments: No Comments. C.Building Codes Comments: In October 2020, the City adopted the "Heights Landscape Design Overlay District," requiring installation of one (1) tree per forty (40) linear feet of street frontage within the Heights District Boundary, applicable to [among other types] residential construction in excess of 600 square feet. D.Staff Analysis: The property at 1700 Beechwood Street is located in a predominantly R-2 zoned neighborhood, within the Heights Landscape Design Overlay District. This overlay district generally has no bearing on the subject variance requests. The subject property is located on the west side of the street, south of the intersection of Cantrell Rd and Beechwood St. The existing 2-story masonry home was recently constructed in this established neighborhood and built to the limits of the setback lines. 1 JULY 15, 2021 ITEM NO.: 2 Z-9590 The survey indicates a 6-foot utility easement spilt by the rear property line. This places 3-feet of the easement on the subject property and 3-feet on the neighboring property to the west. A fence is shown 3.5-feet east of the easement line and the rear wall of the home is located approximately 18-feet from this point. The applicant has described the rear yard of their home as an outdoor garden space surrounded by privacy fences and is requesting an extension of the primary structure. A sketch proposing an addition to an existing patio on the southwest corner of the home has been provided. This covered porch addition is shown to encroach into the rear yard to a depth of 9-feet and a width of 23.5 feet. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of twenty-five (25) feet. The applicant requests a variance to allow the extension of the primary structure 9-feet into the rear yard setback. Staff finds the request to generally be in conformance with the development pattern in the Heights neighborhood and nearby area. Based on the above assessment and analysis, staff finds the requested variance to be reasonable. E.Staff Recommendation: Staff recommends approval of the requested rear yard setback reduction from twenty-five (25) feet to a minimum of (16) feet with the following conditions: 1.A building permit being obtained for all construction. 2.Install trees, if deemed applicable at the time of building permitting, in accordance with Heights Landscape Design Overlay District requirements. Board of Adjustment (July 15, 2021) Mr. Rodney Parham of Polk Stanley Wilcox Architects was present, representing the applicant. There was one (1) person registered in opposition. Staff presented the item and a recommendation of approval. The applicant deferred to the registered opposition. Mr. C. Winston Brown addressed the Board in opposition to the application. He stated that he opposed the extension of the patio into the rear yard due to the additional light, site, and sound that would impact his property. Mr. Brown presented several photographs to demonstrate his concerns. He stated that he had visited with his neighbor, Ms. Walton regarding these issues and also met with Mr. Parham to discuss possible options. Mr. Parham stated that an existing lV mounted on the current patio wall will not be relocated, additional sound (speakers) will not be installed, the expansion will only require two (2) new columns, and the porch addition will only be raised eight (8) inches above finished grade of the backyard. 2 JULY 15, 2021 ITEM NO.: 2 Z-9590 Chairman Allison inquired about the porch elevation and site lines from the opposition's property. Mr. Parham responded that during the visit to the oppositions property he could only see the top of the lV located on the wall of the applicant's porch. Chairman Allison inquired about landscaping options. Mr. Parham responded he is encouraging two (2) options with the owner to address the oppositions concerns: 1)to install a trellis with vines between the columns and 2) eliminating the porch addition and adding an open-air accessory structure closer to the property line. It was noted that an accessory structure may be more intrusive but could be constructed within the code requirements without seeking a variance Mr. Brown addressed concerns regarding elevation stating this is an elevated home that requires four (4) steps at the front entrance. Chairman Allison recommended a trellis extending the entire length of the property line as an immediate solution to address screening concerns. Mr. Brown responded he did not see landscaping as a solution. Chairman Allison asked staff to clarify setbacks for accessory structures. Staff provided clarification, specifically the side yard setback and noted that accessory structures may be connected to the residence with a roof constructed over the walking paths. Chairman Allison further proposed a compromise that a trellis be added to mitigate some of Mr. Brown's concerns as a condition to be added to staff's conditions. Mr. Parham responded he does not have authority to modify the application regarding subsequent conditions. Mr. Brown addressed the Board and agreed with installing a trellis to provide screening but was opposed to any expansion. Board Member Grinder stated Mr. Brown already has concerns with the existing residence and inquired about the issues the opposition has with the addition? Mr. Brown responded that he is primarily concerned with the possible addition of people, light, and noise that would be encountered from his property. The board members discussed deferring the application to provide the applicant and Mr. Brown an opportunity to resolve any concerns. Mr. Parham requested that the Board defer the application. A motion was made to waive the By-Laws to allow the Board to request a deferral and seconded. The vote was 4 ayes, 1 nay and 0 absent. A motion was made to defer the application and seconded. The vote was 4 ayes, 1 nay and 0 absent. The application was deferred. 3 JULY 15, 2021 ITEM NO.: 3 Z-9591 File No.: Z-9591 Owners: Bujarski Living Trust Applicant: George T Bujarski Address: 6 Blue Ridge Circle Legal Description: Lot 6, Scenic Heights 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 front yard setback in the R-2 district. Justification: The applicant's justification is presented as per the attached letter dated May 18, 2021. STAFF REPORT A.Planning and Development Civil Engineering Comments: No Comments. B.Buffering and Landscape Comments: No Comments C.Building Codes Comments: 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. No Comments D.Staff Analysis: The R-2 zoned property at 6 Blue Ridge Circle is in a predominantly R-2 zoned neighborhood, within the Heights Landscape Design Overlay District. This overlay district generally has no bearing on the subject variance requests. The existing brick and frame home built in 1956 has undergone minimal improvements or additions that are often typical of this neighborhood. The terrain 1 JULY 15, 2021 ITEM NO.: 3 (CONT.) Z-9591 along Blue Ridge Circle is generally characterized as having a higher elevation on the inner circle of the roadway and sloping to the homes at a lower elevation on the outer edge of the street. The subject property is located on the north side of the thoroughfare at the east end of this circular roadway. 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 Country Club of Little Rock. The home faces Blue Ridge Circle with brick and railroad tie steps leading upward to a brick patio. At this level, a deck with wooden steps travels further up the slope until meeting the front door in the center of the home at the finish floor level of the structure. A concrete drive is located on the northeast end of the home that connects a two-car garage with the street. The original construction of the house exceeded the 25-foot front yard building line approximately 6-feet at the south end and approximately 16-feet at the north end. The entirety of the existing deck has been constructed within 25-foot front yard setback. The applicant has noted that the deck is in disrepair and is requesting to rebuild this 13'x21' with a 13'x22' structure. The new deck is proposed to be located within the same footprint except for an additional 1-foot in length. The applicant is also proposing to reconstruct a deck in the back of the house which is shown to be located with the setback limits. A variance will not be required for this rear yard construction. Noting that the house and deck have been out of compliance with the current zoning code since inception the applicant is requesting a variance to reconstruct the existing decks of the home to an approximate footprint of the existing features. The sketch provided indicates that the reconstructed deck will be located 7-feet from the front property line at its closet point. 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 7-feet. In Staffs opinion, the reconstructed deck will not create considerable change to the property and will pose no negative effect upon the health, safety, or welfare of the general public, or 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. 2 JULY 15, 2021 ITEM NO.: 3 (CONT.) Z-9591 E.Staff Recommendation: Staff recommends approval of the requested platted front building line reduction from 25 feet to a minimum of 7-feet with the following conditions: 1.Completion of a replat reflecting the above-described building line change. 2.A building permit being obtained for all construction. 3.Install trees, if deemed applicable at the time of building permitting, in accordance with Heights Landscape Design Overlay District requirements. Board of Adjustment (July 15, 2021) The applicant was present. There were no persons present registered in opposition. Staff presented the item and a recommendation of approval. There was no further discussion. The item remained on the Consent Agenda for approval. A motion was made and seconded. The vote was 5 ayes, 0 nays and 0 absent. 3 JULY 15, 2021 ITEM NO.: 4 Z-9598 File No.: Z-9598 Owners: Wilson Phillip Monroe Jr & Karson Kanitz Applicant: Phillip Wilson Address: 2401 N Pierce Legal Description: Lot 6 and the South½ of Lot 5, Block 31, Park View 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 side and rear yard setback in the R-2 district. Justification: The applicant's justification is presented as per the attached letter. STAFF REPORT A.Planning and Development Civil Engineering Comments: No Comments. B.Buffering and Landscape Comments: No Comments. C.Building Codes Comments: In October 2020, the City adopted the "Heights Landscape Design Overlay District," requiring installation of one ( 1) tree per forty ( 40) linear feet of street frontage within the Heights District Boundary, applicable to [among other types] residential construction in excess of 600 square feet. D.Staff Analysis: The property at 2401 N Pierce is in a predominantly R-2 zoned neighborhood, within the Heights Landscape Design Overlay District. This district generally has no bearing on the subject variance requests. The subject property is located on the northeast corner of N Peirce and V Streets. Built in 1941 the existing 2-story frame home occupying the property has undergone 1 JULY 15, 2021 ITEM NO.: 4 (CON'T.) Z-9598 minimal improvements or additions that are often typical of this neighborhood. The immediate neighboring properties and are also populated with single family homes. The house faces west towards N Pierce and vehicular access is located at the rear of the home on the south perimeter from V Street. An entrance drive is provided in this area and connects a two-car carport with the public right-of-way. The carport is attached to the east wall of the home making it a part of the primary structure. The applicant is proposing a garage addition, enclosing the attached carport, and adding a second story living space. The second story addition will begin east of the carport and will use the existing home and carport footprint for the renovations. An additional second story addition will be added to the north side of the home but is shown to be located within the setback boundaries. The survey and applicant sketch indicates that the existing primary structure has been built 7-feet from the east property line and 6-feet from the south property line. Rear yard setbacks are required to be 25-feet in width while side yard setbacks are required to be 10% the depth of the lot not to exceed 8-feet. The existing and new construction compromises the 25-foot rear yard setback and the 7-foot, side yard setback on the south side of the property as required by the area regulations for R-2 properties. Section 36-254(d)(3) states "There shall be a rear yard setback having a depth of not less than twenty-five (25) feet. " The applicant requests a variance to allow the extension of the primary structure into the rear yard setback reducing the setback to no less than 7 -feet. Section 36-254(d)(2) states, "There shall be a side yard setback 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 applicant requests a variance to allow the extension of the primary structure into the side yard setback reducing the setback to no less than 6-feet. Staff finds the request to generally be in conformance with the development pattern in the Heights neighborhood and nearby area. Based on the above assessment and analysis, staff finds the requested variance to be reasonable. E.Staff Recommendation: Staff recommends approval of the requested rear yard setback reduction from twenty-five (25) feet to a minimum of 7-feet, with the following conditions: Staff recommends approval of the requested side yard setback reduction from 7-feet to a minimum of 6-feet, with the following conditions: 1.A building permit being obtained for all construction. 2.Install trees, if deemed applicable at the time of building permitting, in accordance with Heights Landscape Design Overlay District requirements. 2 JULY 15, 2021 ITEM NO.: 4 (CONT.) Z-9598 Board of Adjustment (July 15, 2021) The applicant was present. There were no persons present registered in opposition. Staff presented the item and a recommendation of approval. There was no further discussion. The item remained on the Consent Agenda for approval. A motion was made and seconded. The vote was 5 ayes, 0 nays and 0 absent. 3 JULY 15, 2021 ITEM NO.: 5 Z-9599 File No.: Z-9599 Owners: Hathaway Joint Revocable Trust Applicant: Jeff Hathaway Address: 1901 N Spruce Street Legal Description: South 25 feet of Lot 94 and the North 40 feet of Lot 95 Shadow Lawn 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 setback in the R-2 district. Justification: The applicant's justification is presented as per the attached letter dated May 18, 2021. STAFF REPORT A.Planning and Development Civil Engineering Comments: No Comments. B.Buffering and Landscape Comments: No Comments. C.Building Codes Comments: In October 2020, the City adopted the "Heights Landscape Design Overlay District," requiring installation of one (1) tree per forty (40) linear feet of street frontage within the Heights District Boundary, applicable to [among other types) residential construction in excess of 600 square feet. D.Staff Analysis: The property at 1901 N Spruce Street is located in the predominantly R-2 zoned neighborhood, within the Heights Landscape Design Overlay District. This district generally has no bearing on the subject variance request. The subject property is located on the east side of Spruce Street, the fourth parcel south of the intersection of Club Rd. The existing two-story brick home was built in 1935 and has undergone minimal exterior improvements throughout the years. The immediate neighboring properties are also populated with single family homes. JULY 15, 2021 ITEM NO.: 5 (CONT.) Z-9599 The applicant has provided a sketch proposing to construct a small one-story addition to the back of their existing home. The new structure will serve as a first­ floor bedroom and the drawing indicates that the addition will be 17.5' x 20'. The new construction as planned will require the primary structure to extend into the rear yard setback. The survey and applicant sketch indicates that the existing primary structure is located approximately 35-feet from the rear property line. The bedroom addition is shown to encroach 7.5-feet into the setback reducing the required 25-foot rear yard setback to 17. 5-feet. Section 36-254(d)(3) states, "There shall be a rear yard setback having a depth of not less than twenty-five (25) feet," The applicant requests a variance to allow the extension of the primary structure 7.5-feet into the rear yard setback. Staff finds the request to generally be in conformance with the development pattern in the Heights neighborhood and nearby area. Based on the above assessment and analysis, staff finds the requested variances to be reasonable. E.Staff Recommendation: Staff recommends approval of the requested rear yard setback reduction from twenty-five (25) feet to a minimum of 17.5 feet, per the attached site plan with the following conditions: 1.A building permit being obtained for all construction. 2.Install trees, if deemed applicable at the time of building permitting, in accordance with Heights Landscape Design Overlay District requirements. Board of Adjustment (July 15, 2021) The applicant was present. There were no persons present registered in opposition. Staff presented the item and a recommendation of approval. There was no further discussion. The item remained on the Consent Agenda for approval. A motion was made and seconded. The vote was 5 ayes, 0 nays and 0 absent. 2 July 15, 2021 There being no further business before the Board, the meeting was adjourned at 4:54 p.m. Date: ' z 1 -- fi Ze Chairman Secretary