HomeMy WebLinkAboutZ-9675 BOA Action Letter - Approved with Conditions 042922Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435
Codv Sims
McClelland Engineers
1500 East Stearns Street
Favetteville. AR 72704
Date: April 25, 2022
Dear Mr. Sims:
Re: Case No. Z-9675
Location: 14 Otter Creek
Issue: Front Yard Setback
Planning
Development
Building Codes
This is to advise you that in connection with your application case no. Z-9675, the following action was taken
by the Board of Adjustment at its meeting on April 21, 2022.
(a)
(b)
(c)
(d)
(e)
(fl
(g)
Approved the application as filed.
X Approved the application with conditions.
Denied the application.
Deferred the application to the meeting.
Withdrew the application.
X See attached Board of Adjustment minute record for conditions.
Other:
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 (501) 371-4864.
Sincerely,
f).G6,ffLI
D. Tracy SpiI14n, Plans Development Administrator
Department of Planning and Development
DTS/vh
APRIL 21, 2022
ITEM NO. 2 Z-9675
File No.:
Owner:
Applicant:
Address:
Legal Description:
Zoned:
Variance Requested
Justification:
Present Use:
Proposed Use:
STAFF REPORT
Z-9675
Icon Property Management LLC
Cody Sims, McClelland Consulting Engineers, Inc.
14 Otter Creek Court
Lot 4, Otter Creek Business Park, Otter Creek Community,
Little Rock, Arkansas
C-1
A variance is requested from the area regulations of Section
36-299 to allow a building with a reduced front yard setback.
A variance is requested from the building line provisions of
Sec. 31-12 to allow a building construction to cross a platted
front yard building line.
The applicant's justification is presented as per the attached
letter dated February 15, 2022.
Vacant
Office Building
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. One (1) tree and three (3) shrubs or vines shall be
planted for every thirty (30) linear feet of perimeter planting strip.
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
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APRIL 21, 2022
ITEM NO. 2 Z-9675
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. 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.
5. 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.
6. 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.
D. Staff Analysis:
The C-1 zoned property located on the north side of Otter Creek Court is east of the
intersection of Stagecoach Rd. The site is surrounded by other C-1 zoned properties
that include an Express RX pharmacy to the east an insurance agency office to the
west and the Central Arkansas Library Systems, 011ie Rooker Library across the
road to the south. The vacant wooded lot to the north is primarily occupied with the
Callagahan Branch waterway before giving way to a single-family residential
development.
The applicant is proposing a to develop the subject property with a new office
building and associated parking for Premiere Lighting Headquarters. The site plan
indicates that the proposed structure will include 2400 square feet in area with 9
onsite parking spaces.
The applicant has stated: "The subject property is severely constrained due to a
Zone AE floodway along Callagahan Branch and an associated 25' floodway buffer.
After adhering to the required 25' front yard (shown as B.S.L. on the site plan)
subject to the C-1 zone, the remaining area limits the opportunity for feasible and
functional building.
Due to configuration and size of site, it is requested to reduce the front yard
requirement from 25' to 10'.
It is in the opinion of the applicant that the granting of this variance will not be
detrimental to the public safety, health, or welfare or injurious to other property. The
intent of this variance is to match the nature of the City's regulations while seeking
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APRIL 21, 2022
ITEM NO. 2 Z-9675
only enough relief as necessary to support a successful long-term business given
the hardships unique to this property."
Section 36-299 (e)(1) states `There shall be a front yard having a depth of not less
than twenty-five (25) feet to the front line of the building." Therefore, the applicant is
requesting a variance to allow the construction of a new building with a 10.85-foot
front yard setback.
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 building setback for the subject property is shown
on the survey as 20-feet, the applicant is requesting that the building be allowed to
cross this building line a maximum of 9.15-feet placing the southwest corner of the
building 10.85-feet from the property line
Staff views the variance request as reasonable. The proposed reduced front yard
setback will not be evidently out of character with the surrounding developments.
The building will front the street right-of-way and onsite parking will occupy a width
of 60-feet east of the new structure allowing an approximate 135-foot greenspace
between the parking edge and the east property line.
If the Board approves the requested 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 front yard setback reduction from
twenty-five (25) feet to 10-feet as presented in the above analysis and shown on the
attached site plan.
The above Staff recommendations are subject to the submitted survey/site plan
sketch and required to meet the following conditions:
1. Completion of a replat reflecting the above -described building line change.
2. A building permit being obtained for all construction.
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APRIL 21, 2021
ITEM NO. 2 Z-9675
The applicant was present. There were no objectors present via WebEx or in person.
Staff presented the application to the Commission and stated it recommended the front
setback reduction variances be approved with conditions as per the staff report. There
was a consent motion to approve the application. The application was approved on
consent. The vote was 5 yes, 0 nays, 0 absent.
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