HomeMy WebLinkAboutboa_09 16 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.
Hearing 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 at 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.
Appeals – 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
SUMMARY OF MINUTES
SEPTEMBER 16, 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 August 19, 2021 meeting of the Board of
Adjustment.
The Minutes of the July 15, 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
SEPTEMBER 19, 2021
4:00 P.M.
I.OLD BUSINESS:
II.No Old Business
III.NEW BUSINESS:
1.Z-5195-A 1808 N. Taylor Street
2.Z-9608 601 Epernay Place
3.Z-9612 2125 N. Cleveland Street
4.Z-9614 1904 & 1922 Battery Street
SEPTEMBER 16, 2021 ITEM NO.: 1 Z-5195-A
File No.: Z-5195-A
Owner: BellWeiss Properties LLC
Attn; Catherine Bellingrath Weiss
Applicant: Scott McGibbony
Address: 1808 N Taylor Street
Description: Lot 4, Block 12, Mountain Park Addition
Zan : 3
Variance(s) Requested: A variance is requested from area regulations of Sec. 36-254
to allow a reduced front yard setback in the C-3 district.
Justification:
Present Use:
Proposed Use:
STAFF REPORT
The parking provisions of Section 36-502 to permit the
expansion of a lodge hall without providing additional
parking.
The applicant's justification is presented as per the attached
letter.
C-3, Vacant-Former Dental Office
C-3, Lodge Hall / Small Jewelry Manufacturing Studio
A.Planning and Development Civil Engineering Comments:
No Comment.
B.Buffering and Landscape 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.
C.Building Codes Comments:
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
SEPTEMBER 16, 2021
ITEM NO.: 1 Z-5195-A
the property line, the requirement no longer applies to the wall itself, only the
projections such as eaves or overhangs.
Openings such as doors and windows are limited when the exterior wall is three (3)
feet from the property line and are prohibited when the exterior wall is less than
three (3) feet from the line. There is no restriction on openings when the exterior
wall is more than three (3) feet from the property line.
Contact the City of Little Rock Building Codes at (501)371-4832 for additional
details.
D.Staff Analysis:
The C-3 zoned property is located within the Heights Overlay District at 1808 N
Taylor Street. This overlay district generally has no bearing on the subject variance
requests.
The property was originally developed in 1940 as a single-family home but has most
recently served as dental clinic. The commercially zoned property has maintained
its residential character including a front lawn area, and a concrete entry path leading
to the front door connecting to the Taylor Street sidewalk. A double concrete strip
drive is located on the north side of the structure adjacent to the property line. This
drive is accessed from Taylor Street and leads to a single concrete parking pad, an
asphalt multi-car parking area, and the alley west of the property. It is estimated that
7 cars could be parked on the drive and 3 cars on the asphalt paving for a total of
10 off-street parking spaces. Additionally, there is an existing lawn area between the
asphalt paving and the structure at the rear of the property. The south side of the
building is occupied with the mechanical units and a landscape strip. Mature trees
and shrubs run length of this property line. The immediate surrounding properties
are zoned commercial and occupied by retail, banks, and a Kroger grocery store
thar faces Cantrell Rd across Taylor St.
The applicant originally intended to renovate the interior space of the structure as a
residential rental property. However, after the building permit was approved the
owner determined that a different use would better serve their needs. The new
proposed use for the structure will be a gathering place for people that have lived in
France or that have other connections with that country. The applicant stated that
the group would comprise 20 or less people attending on any given meeting date.
The applicant also is requesting to add a garage structure at the rear of the property
to serve as a jewelry manufacturing studio. It is noted that no sales will be conducted
on the property. The other exterior improvements include an enclosed covered porch
with the roof connecting the proposed garage with the primary structure. The front
porch will also expand and is proposed to cross the 25-foot building line 2.5-feet
reducing the front yard setback to 22.5-feet
The existing building footprint is approximately 1,595 square feet. The addition of
the covered porch and new garage make up an approximate 760 square feet. Both
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SEPTEMBER 16, 2021
ITEM NO.: 1 Z-5195-A
the existing and proposed construction will be joined together under a single roof.
After the renovation the building is proposed to be a total of 2,355 covered square
feet. A gathering space of this size would normally require 24 off-street parking
spaces.
Sec. 36-502(b)(2)(e) States, "Lodge halls, exhibition halls, clubs (and similar places
of public assembly), 1.0 space per 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.
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 22.5 feet.
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.
E.Staff Recommendation:
Staff recommends approval of the requested front yard setback and the reduction
of the off-street parking 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 (September 16, 2021)
The applicant was present. There were no objectors present via WebEx or in person.
Staff presented the application to the Commission and recommended the setback
variance be approved with conditions as per the staff report.
The item remained on the Consent Agenda for approval. A motion was made and
seconded. The vote was 5 ayes, O nays and 1 absent.
3
SEPTEMBER 16, 2021
ITEM NO.: 2 Z-9608
File No.: Z-9608
Owners: McFadden Living Trust
Applicant: Donna McFadden
Address: 601 Epernay Place
Legal Description: Lot 2, Block 78, Chenal Valley, 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:
No Comments.
D.Staff Analysis:
The R-2 zoned property at 601 Epernay Place is located within the predominantly
residentially zoned Chenal Valley neighborhood. The subject property is the second
parcel west of Epernay Loop on the south side of the street and occupied by a single
family two-story masonry home. The neighboring properties are also populated with
single family homes.
An existing 18 x 17-foot patio is located and connected to the back of the home. The
applicant is proposing to enclose this patio with a 24-inch-tall brick knee wall,
screens, and a roof connecting the new construction to the primary structure. The
new wall will extend 15-inches beyond the existing patio to provide support for the
1
SEPTEMBER 16, 2021
ITEM NO.: 2 (CONT.) Z-9608
new roof. The new construction will compromise the 25-foot rear yard setback as
required by the area regulations for R-2 properties.
The sketch provided by the applicant indicates that the exiting patio extends into the
rear yard seatback approximately 3-feet 6-inches at its most intrusive point. The new
knee wall and roof overhang will increase this distance an approximate 2-feet
causing the primary structure to encroach into the rear yard setback 5-feet 6-inches.
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.
The applicant's letter of intent states that the existing patio is located 17-feet from
the rear fence line at its closest point. The proposed knee wall will add an additional
15-inches to this dimension which would bring the primary structure within 15-feet
9-inches of the rear property line. The applicant has requested that the rear yard
setback be reduced to 9-feet 6-inches. Upon Staff review of the survey and sketches
provided it was determined that the new construction will only encroach into the rear
yard setback 5-feet 6-inches at its closest point. Therefore, staff recommends the
rear yard setback be reduced to no less than 19-feet 6-inches to accommodate the
new covered patio construction.
In Staffs opinion, the proposed setback variances 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.
E.Staff Recommendation:
Staff recommends approval of the requested rear yard setback reduction from
twenty-five (25) feet to a minimum of 19-feet 6-inches.
Board of Adjustment (September 16, 2021)
The applicant was present. There were no objectors present via WebEx or in person.
Staff presented the application to the Commission and recommende d the setback
variance be approved as per the staff report.
The item remained on the Consent Agenda for approval. A motion was made and
seconded. The vote was 5 ayes, 0 nays and 1 absent.
2
SEPTEMBER 16, 2021 ITEM NO.: 3 Z-9612
File No.: Z-9612
Owners: Joseph Hal and Phyllis Ann Kemp
Applicant: Tom Fennel, Architect
Address: 2125 N Cleveland St
Legal Description: Lot 13, Block 3, Altheimer Addition to the City of Little Rock,
Pulaski County, Arkansas
Zoned: R-2 (Single-Family District)
Present Use: Vacant Lot
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 to be closer than
fifteen (15) feet from a street side line.
Justification: The applicant's justification is presented as per the attached
letter dated July 14, 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
SEPTEMBER 16, 2021
ITEM NO.: 3 (CON'T.) Z-9612
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 property at 2125 N Cleveland Street 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 subject property is located on the southeast corner of N Cleveland and Beacon
Streets. This lot has been previously occupied by a single-family home but vacant
since approximately 2009. The lot has been maintained as mostly turfed open space.
The adjacent and surrounding properties are also predominantly smaller 1940"s era
single-family residences.
The applicant is proposing to construct a new home with a detached two-car garage
at the rear of the property. The new garage will be accessed from Beacon Street to
the north and built to the west property line adjacent to an alley. The area provisions
for accessory structures do not allow for the coverage of more than 30% of the rear
yard. The rear yard is shown to comprise approximately 1290 square feet. The new
garage is indicated to be 723 square feet. The new building is proposed to cover
approximately 56% of the rear yard exceeding the maximum coverage requirements
by 26%. In addition, the applicant is requesting that the accessory building be
located closer to the street side line than the 15-feet that is typically required
Sec. 36-156(a)(2)(c) states, "Accessory buildings or structures in the R-1 through
R-4A districts shall not be located closer than sixty (60) feet to the front property
line, fifteen (15) feet from a street side line and may not occupy more than thirty
(30)percent of the required rear yard area ... " Therefore, the applicant is
requesting a variance to allow the proposed accessory structure to exceed the
coverage requirements to a maximum 56% and to reduce the street side line
setback to no less than 14-feet 6-inches.
Staff finds the requests to generally be in conformance with the development pattern
in this area, and based on the above assessment and analysis, finds the requested
variance to be reasonable.
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
determine if the replat will require a revised Bill of Assurance and respond as
necessary and appropriate, as part of said replat.
2
SEPTEMBER 16, 2021
ITEM NO.: 3 (CON'T.) Z-9612
E.Staff Recommendation:
Staff recommends approval of the requested coverage street side line variance per
the attached site plan subject to the following conditions:
1.Completion of a replat ref lecting the above-described building line change.
2.A building permit being obtained for all construction
3.Install any required trees in accordance with the Heights Landscape Design
Overlay District
Board of Adjustment (September 16, 2021)
The applicant was present. There were no objectors present via WebEx or in person.
Staff presented the application to the Commission and recommended the setback
variance be approved with conditions as per the staff report.
The item remained on the Consent Agenda for approval. A motion was made and
seconded. The vote was 5 ayes, 0 nays and 1 absent.
3
SEPTEMBER 16, 2021
ITEM NO.: 4 Z-9614
File No.: Z-9614
Owners: Otis and WF Tyler
Applicant: Otis Tyler
Address: 1904 & 1922 Battery St
Legal Description: Part of Lot 15 and 16 and all of Lots 17 and 18 and a 16-foot
ally lying west of and adjacent to Lots 16-18, all of Block 7,
Moore, and Penzel's Addition to the city of Little Roe, Pulaski
County Arkansas
Lots 12, 13, and 14, Block 7, Moore, and Penzel's Addition to
the city of Little Roe, Pulaski County Arkansas
Zoned: R-4
Present Use: Single-family Residence (1904 Battery St)
Vacant Residence (1922 Battery St)
Proposed Use: Single-family Residence
Variance(s) Requested: Variances are requested from the height and area provisions
of Section 36-516 to allow an increased fence height from four
(4)feet to six (6) feet between a required building setback line
and a street right-of-way.
Justification: The applicant's justification is presented as per the attached
letter dated December 14, 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-4 zoned properties located at 1904 & 1922 Battery Street are located on the
west side of the road south of the intersection of West 19th and Battery Streets. The
1
SEPTEMBER 16, 2021
ITEM NO.: 4 (CONT.) Z-9614
applicant has stated that he owns both properties which are located next door to
each other. The 1922 property has been the applicant's primary residence for 35
years but recently was damaged by fire in November of 2020 and is now
uninhabitable. The applicant has stated that he will rebuild his home but has
concerns about his family's safety and his daughter's safety who lives in the 1904
Battery Street property. The applicant has stated there have been series of crimes
in the neighborhood involving people trespassing on his and his neighbor's
properties and is requesting to build a 6-foot fence between the street right-of-way
and the front building setback line.
The applicant has provided a sketch indicating that a 6-foot-high wrought iron fence
will be located inside the property line facing Battery St. The fence will run the length
of both properties and return to the west on both the north and south sides of each
of the respective lots. The proposed iron fence will travel up the side yard of each
property until meeting an existing 6-foot-high wood fence approximately located
even with the front face of each house. The sketch also indicates that the existing
sidewalk and a proposed landscape strip will be located west of the fence allowing
public access and a planting buffer in front of the properties. Remote controlled
pedestrian gates will be provided at each of the home's interior sidewalk leading to
the home entries and a vehicular gate will be located at the shared drive between
the two properties. The applicant has stated that the fence will be primarily for
security but is also intended to be decorative and add curb appeal to the homes.
Section 36-516 (e)(1)(a) of the City's Zoning Ordinance states that the residential
fence standards; "Between a required building setback line and a street right-of-way,
the maximum height shall be four (4) feet. Other fences may be erected to a
maximum height of eight (8) feet." The applicant requests a variance to allow the
extension of the fence height to six (6) feet on the east (front) property lines, adjacent
to the street right-of-way.
Based the analysis above, staff believes the proposal is keeping within the
character and scale of the neighborhood and views the variance request as
reasonable. Staff also notes that other residential side and rear yards allow the
construction of fences to a height of eight (8) feet.
E.Staff Recommendation:
Staff recommends approval of the requested front yard fence variance as
presented in the attached documentation.
Board of Adjustment (September 16, 2021)
The applicant was present. There were no objectors present via WebEx or in person.
Staff presented the application to the Commission and recommended the setback
variance be approved as per the staff report.
The item remained on the Consent Agenda for approval. A motion was made and
seconded. The vote was 5 ayes, 0 nays and 1 absent.
2
September 16, 2021
There being no further business before the Board, the meeting was adjourned at 4:03
p.m.
Date:
Chairman Secretary