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Home My WebLink AboutBOA Action Letter 070220 Approved as FiledEt City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Brian Dale White-Daters & Associates 24 Rabling Circle Little Rock AR 72223 Date: July 06, 2020 Dear Mr. Dale: Re: Case No. Z-6120-0 Location: 14201 Kanis Road Issue: Setback Variance Planning Zoning and Subdivision This is to advise you that in connection with your application case no. Z-6120-0, the following action was taken by the Board of Adjustment at its meeting on July 02, 2020. (a) X Approved the application as filed. (b) Approved the application with conditions. (c) Denied the application. (d) Deferred the application to the meeting. (e) Withdrew the application. (f) See attached Board of Adjustment minute record for conditions. (g) X Other: Original anDlication included height variance to permit 35' . Ordinance 21867 approved on 05-19-20 increased height regulations up to (35)feet. If a variance application is approved by the Board of Adjustment, all permits necessary for the initiation of work shall be obtained within two (2) years from the date of approval, unless an extension of time is granted by the Board. Otherwise, the Board approval of the application shall be considered void. According to the City's Zoning Ordinance Section 36-70: "Appeals from the decision of the Board of Adjustment shall be filed with the appropriate court of jurisdiction. This filing must occur within thirty (30) calendar days of the action by the Board of Adjustment." If you have any questions, please call me at 371-4792. Sincerely, Tim Herndon, Development Manager Department of Planning and Development MM/vh JULY 2, 2020 ITEM NO.: 1 File No.: Z-6120-0 Owner: Panther Branch, LLC Applicant: White Daters & Assoc., Inc. Address: 14201 Kanis Road Legal Description: Part of the SE1/4 of Sec. 6, T-1-N, R-13W, Pulaski County, AR, containing 1.60 Acres, more or less. Zoned: C-1 Present Use: Undeveloped Proposed Use: Multi -family residential Variance Requested: Variance request from height and area provisions of Section 36- 299 to allow increased multi -family residential building height, and reduced side yard setback in a C-1 district. Justification: The applicant's justification is presented in attached letter dated May 19, 2020. L■9/,l»:��Iili� A. Engineering Issues: No Comments. B. Landscape and Buffer Issues: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. Property is zoned differently from the adjacent south and west properties and would normally require screening and buffers adjacent to properties of a more restrictive nature. Due to the expansion of the existing development to the west into the subject property Staff recommends the continuation of the fence and landscape standards of the original development. 3. 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. JULY 2, 2020 ITEM NO.: 1 CON'T. Z-6120-0 4, 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-1 zoned property is located at 14201 Kanis Road (subject site) is undeveloped and contiguous with, and under the same ownership as, the fully developed PD-R zoned property immediately west. The subject site is generally flat and lies at a similar elevation as surrounding terrain. Access to the proposed structure will occur internally via existing driveway on Kanis Road and on Panther Branch Drive. The 1.6-acre subject site is unplatted. The application proposes to construct a 30-unit apartment building generally identical to the seven (7) existing dwelling structures on Lots 1 and 2, Panther Branch Subdivision, immediately west. 49 new parking stalls will be constructed to accommodate additional residents and guests. The proposed expansion will generally complete the partially developed corner created by the intersection of Kanis and Copper Orbit Roads. Access from public streets will remain unaltered. Section 36-299 d Height Regulations Section 36-299(d) states, "No building hereafter erected or structurally altered shall exceed a height of twenty-five (25) feet." The proposed 35-foot height for the new building on the subject site exceeds the 25- foot height normally allowed in the C-1 district. However, the proposed building will conform with the existing seven buildings in the adjacent PD-R district, of which the subject site is a component, all of which are 35 feet in height. Section 36-299(e)(2) Side Yard While the 25-foot setback lines along Kanis Rd. to the north and Cooper Orbit Rd. to the south will be unimpeded, the typically required 8-foot interior side yard setback in the C-1 district will be encroached upon by the proposed building. Section 36-299(e)(2) states, "A side yard is not required, except where abutting residential districts; then there shall be a side yard on that side of the building having minimum width of ten (10) percent of the average width of the lot, not to exceed eight (8) feet." The proposed side yard setback encroachment will occur on the interior of the overall development, between identical uses, on property under unified ownership. No discernable impact upon adjacent properties will be created by reducing the side yard setback. Staff views the two variance requests as reasonable and is supportive for the above - stated reasons. 2 J U LY 02, 2020 ITEM NO.: 1 (CON'T.) Z-6120-0 D. Staff Recommendation Staff recommends approval of the requested/submitted height and setback variances, subject to compliance with the Landscape and Buffer requirements noted in paragraph B of the Staff Report. Board of Adjustment (July 02, 2020) The applicant was present. There were three (3) objectors present via webex. Staff presented the application with a recommendation of approval. Melanie Strigel addressed the Board in opposition of the application. She expressed concerns related to the intersection of Kanis Road and Cooper Orbit Road, specifically a traffic light to decrease accidents at the intersection. She also expressed concerns related to flooding along Cooper Orbit Road. Chairman Frank Allison reminded objectors that traffic and flooding concerns shall be addressed at time of building permit and not discussed during Board of Adjustment Meeting. Ingemann Strigel addressed the Board in opposition of the application. He expressed concerns related to the intersection of Kanis Road and Cooper Orbit Road, specifically a traffic light to decrease accidents at the intersection. He also expressed concerns related to flooding along Cooper Orbit Road. Chairman Frank Allison reminded objectors that traffic and flooding concerns shall be addressed at time of building permit and not discussed during Board of Adjustment Meeting. Crystal Sparks addressed the Board in opposition of the application. Much of her concerns were inaudible due to technical issues however a portion was audible in which she expressed concerns for traffic backing up and flooding concerns. Chairman Frank Allison reminded her traffic and flooding concerns shall be addressed at time of building permit and not Board of Adjustment Meeting. There was a motion to approve the application as recommended by staff, including all staff comments and conditions. The item was seconded. The vote was 4 ayes, 0 noes and 1 absent. The application was approved. 3