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Final Action - Approved With Conditions 040721
Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (501)371-4546 TH/vh Jeremy Brasher 521 Apiianway St. Little Rock AR 72205 Date: April 06, 2021 File No. Z-2348-A Location: 515 Rice Street Planning Development Building Codes Issue: Reduced front and side yard setback variances Dear Mr. Brasher CORRECTED This is to advise you that in connection with your application, File No. Z-2348-A , the following action was taken by the Board of Adjustment at its meeting on March 18, 2021 (a) (b) X (c) (d) (e) (f) X (g) Approved the application as filed. Approved the application with conditions. Denied the application. Deferred the application to the Withdrew the application. See attached Board of Adjustment minute record for conditions. Other: meeting. 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's 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 questions, please call me at (501)371-6817 or Torrence Thrower at 371-4764. Sincerely. W Lo,--o Tim Herndon, Development Manager MARCH 18, 2021 ITEM NO. 1 File No.: Z-2348-A Owner: Jeremy Brasher Applicant: Jeremy Brasher Address: 515 Rice Street Description: Lots 3, 4, 5 Block 27, Capitol Hill Ext Zoned: 1-2 (Light Industrial) Z-2348-A Variances Requested: A variance is requested from the area provisions of Section 36-320 to allow a reduced front and side yard setback in an 1-2 District. Justification: The applicant's justification is presented as per the attached letter dated December 14, 2020. Present Use: Undeveloped Proposed Use: 1-2 (Woodworking Shop) STAFF REPORT A. Planning and Develo meat Civil En ineerin Comments: 1. At time of building permit, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Rice Street including five (5) foot sidewalks with planned development. 2. A grading and drainage plan should be provided with the building permit application. The proposed finished floor elevation should be determined to prevent flooding of the proposed structure during a twenty-five (25) year storm event. 3. Prior to issuance of a building permit, obtain a franchise agreement from Public Works (Bennie Nicolo, (371-4818) for the private improvements such as vehicle parking which may be proposed to be located in the City of Little Rock public right-of-way. 4. All driveways shall be concrete aprons per City Ordinance. MARCH 18, 2021 Z-2348-A ITEM NO. 1 CON'T. B. Buffering and Landscape Comments: 1. Any new site development must comply with the City's minimal landscape and buffer ordinance requirements. 2. 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. Building Codes Comments: No Comment. D. Staff Analysis: The 1-2 zoned property located on the east side of Rice Street is currently undeveloped, This parcel is mostly vegetated with an existing concrete slab from a previous establishment which partially crosses the south and west property lines. The property is included within the overall Brasher ownership of Lots one through five (1-6) with Lots one (1) and two (2) to the north zoned PR-D and occupied by two recently built duplexes. North of the duplexes and the subject property is the Rose Creek Trail. The properties to the south and east are also zoned 1-2 with the east property being undeveloped and characterized by mature trees and vegetation and the south property line being adjacent to an active railway easement. The west side of Rice Street is zoned R-2 and PD-R and occupied by single family homes. The applicant is proposing to construct a 2400 square foot metal shop building. This would incorporate similar roof, wall, and siding materials as the existing duplexes to the north to assimilate with the surrounding structures. The developer would also like to take advantage of the existing 5400 square foot concrete slab from a previous development and repurpose the on -site portion as parking. The applicant has stated that with the construction of the Rose Creek Trail on the north side of the property, drainage has been diverted and created a construction hardship. The applicant has indicated that due to the culvert adjacent to the trail, the french drain that empties into the culvert, and the impervious pavement of the trail and street create a substantial accumulation of rainfall capable of flooding, eroding, and washing out the construction. The applicant has also stated that if minimum setbacks required by code are retained substantial earthwork to reroute the drainage would be required. In addition, several mature trees being used to mitigate the runoff would need to be removed to accomplish the new grading. A variance from the fifty (50) foot front yard setback to allow a minimum proposed depth to thirty-five (35) feet and a variance from the fifteen (15) foot side yard setback to allow a minimum proposed width of ten (10) feet are being requested to allow the building to be constructed outside of the natural drainage path. 2 MARCH 18, 2021 ITEM NO. 1 (CON'T.) Z-2348-A Section 36-250(e)(1) requires a minimum front yard setback of having a depth of not less than fifty (50) feet. Section 36-250(e)(2) requires a minimum side yard setback of the building to be not less than fifteen (15) feet. The setback variance would not encroach on the properties to the north or the east and would not restrict the railroad operation to the south. The applicant has indicated that there are several other buildings in this area located closer to the railroad than this proposal and that the requested variances would be in keeping with similar building allowances for drainage paths adjacent to the Rose Creek waterway. E. Staff Recommendation: Staff recommends approval to reduce the fifty (50) foot front yard setback to a minimum of thirty-five (35) feet and to reduce the south fifteen (15) foot side yard setback to a minimum of ten (10) feet, and in accordance with paragraphs A, B, and D of this staff report. Board of Adjustment (March 18, 2021) The applicant was present. There were no persons present registered in apposition. The item was heard on the Regular Agenda. 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 5 ayes, 0 noes, and 0 absent. 3 k3 R5 1-7 r--I R4 Q 0 PD�O. R5 �a� 1 PRD R3 j R5 R� R4 1� f R4 �N�,py I ❑ !-� R31 CUP q to R4" ] o R6 I �J R4 1 ©� C❑ 0 ❑ [❑ 03 R5 LJ a Cl PR R4 PD E�I Cam' L7 , C❑ Q o a R6 PCD rig PRD EllE7 r,%R p`R ❑ J R4 a a o R PRD n o a Q 15 11 O p R4 R5 � C3 LINDEN PR ❑ �, 0 m I C3 0� Q_ ❑ cil >V R4• .G 0 ❑ C C] °Q ❑ to w fl a ❑ a 0° CDSQ Q ElQ z C] R4 0ti 0 x Q Rom.. ❑ ❑7 a z ❑ R5 CUPS - • El a ❑ Q R4—Q ❑ p f o Vd.3RD_ST- ❑ ❑ Q bt ❑ ElI a Q ❑ L R5SUBJECT PROPERTY '� �a 0 EI d Q wares ST �� C3. 1❑ R3 E❑ d o CI a ❑ ❑ =Y R4 0 : Q " ll I1If oC3 ❑ Cl ❑ Ci e 'D =. 6 u n W-'CAPITOLAVE PRD R4 p0J❑ °❑ ❑00quo CO3R4..p R4El ❑ _ a .. a D.R . �.--- W:6TH,ST F CZ ��11n ❑ rz m o UL�1� CAPE C1 � L � r �s ] C3 w L fir— r C3 FRS 12 ............ I I dN PC© PID ❑❑ L� r - L---I NOT E R4 II PCD L W18TH:ST �.�R$'jATE'63D F- - R3 -_ 453 C R4 ❑ - �- _ R3 p �Q .q, R4 .02' CUP PR R4 R4 =R3 _ MARYL gND AVE R3 - R3 R3 R3 Area Zoning City of Little Rock Planning & Development IPJ J Vicinity Map ^1 Rev: 1/8/2021 Case: Z-2348-A Location: 515 Rice Street Ward: 3 N PD: 9 CT:48 0 200 400 TRS: T1 N R12W 4 Feet in CQ�i ion �V E. 6o.gT A�W 998.20V!`E ISO.T bKeici City of Little Rock Plannin Case No: Z-2348-A Name: Brasher Shop, Building Location: 515 Rice Street 15'010"tRO ME AUK RUNOFF FLOW DIRECTION & Development Title: Zoning Variance N k „,•,.v s a. nrr �arxN i� `�ti �- �4a�a .� •I a �ema. -- • f3v�•4anl,.�l-e+.Y:xc�u111...�sair � �JyrY�r i'ca l3 fM�^” tY cceu in. r_. :. L•r� - ., _ �. .rr=.1 Sft4E i= 3f LEa£.wc f_ J v �F H -ems i5�. __�ti� _ A^.,.1`�.��v :5"tip E = '�•1-•t - -�9'] � - - _ �-- - �F ZONED INDUSTRIAL, _ Y - } ORDINANCE 12343 - - I I i 4-20-1979 0. T _ F 501 AN IA -- 5G5--RICE 515 RICE a¢� uaxscPEvan ti ianmx�r.r«,i......ar.�.�r 1..•r:.w...e,�rr:rp..�r.t A* Cl nor. ncp-.t.-dn.irraairr w..�.. - • �a.nw..vyr�r.r.oe.. tcsiw,••nx«....Nc»n..+---..x7a:srww,.,re - A� " %'� m++. a7s rar b!►7Wrly r.r►�•1�..,awre ae arwen...+r..r...x,w • yr / ref LEGAL DESCRIPTION Lots 3, 2, 3, 4 and 5, Block 27, CAPITOL HILL EXTENSION ADDITION to the City of Little Rock, Pulaski County, Arkansas. Jd•. did ? mow..•... :ate t__ w �4•_; TOPOC+WHICAL SURVEY snruress.+<.i� �rati�S purveying, €n� 11 • '4j= .6- Z (Do 6o 6 C�� ; f TV m JL CL . fiv w s f r Z in in 0 z Lri Z LLI I-- Ti x M LLI 'C U V, rri uj LLI 0 o 0 u —J —J z 0 0 0 oz- 0. z i I z a 20 z x z