HomeMy WebLinkAboutCover LetterL D R E DG E Michael B. Childers I Attorney 400 West 2000 Capitol Avenue
FRIDAY & CLARK LLP Little Rock, Arkansas 72201-3522
www.FridayFirm.com
March 14, 2023
VIA HAND DELIVERY
City of Little Rock
Department of Planning and Development
Attn: Mr. Monte Moore
723 West Markham
Little Rock, AR 72201
Re: H.F. Enterprises, LLC Non -Residential Zoning Variance Application
Dear Mr. Moore:
Please find enclosed our firm check in the amount of $250 to pay the filing fee for the
Application for Zoning Variance for H.F. Enterprises, LLC I emailed to you earlier today
regarding the applicant's property located at 1719 Merrill Drive, Little Rock, AR 72212.
Please do not hesitate to contact me if you need anything else from us at this time for the
application.
Sincerely.
Mike Childers
Enclosure
40362.0001 /9851129.1
E � DR E ®i7 E Michael B. Childers I Attorney 400 Wet Capitol Avenue
FRIDAY I & C L A RK LLP Little Rock, Arkansas 72201-3522
v M www.FridayFirm.com
March 14, 2023
VIA EMAIL
City of Little Rock
Department of Planning and Development
Attn: Mr. Monte Moore
723 West Markham
Little Rock, AR 72201
Email: mmoore@littlerock.gov
Re: H.F. Enterprises, LLC Non -Residential Zoning Variance Application
Dear Mr. Moore:
This firm represents H.F. Enterprises, LLC (the "Applicant") in connection with an
approximately 0.47 acre lot located at 1719 Merrill Drive, Little Rock, AR 72212 more
particularly described as Lot 8B, Charles Valley Subdivision. Please find enclosed herewith the
Applicant's Application for Zoning Variance for the subject property for submittal to the Board
of Adjustment. The subject property is improved with an approximately 5,294 square foot
commercial building that was constructed in 1984. In the course of surveying the property for an
upcoming sale, it was discovered that the building encroaches on a 7.5' platted public utility
easement along the south property line. The utility easement was dedicated on the Final Plat of
Charles Valley Subdivision filed in Book 39, Page 78 on April 13, 1977, and is also shown on
the more recent Replat of Lot 8, Tract "A", Charles Valley Subdivision filed in Book A, Page
327 on November 2, 1979 that established the property as Lot 8B. Copies of the two plats are
enclosed for your reference.
The extent of the building encroachment is very minor. The encroachment at the
southwest corner of the building is approximately 1.43' into the utility easement, and the
encroachment at the southeast corner of the building is only 1.1 V into the easement. The
Applicant has not yet had an opportunity to complete a utility locate in the easement area, but
based on the survey there do not appear to be any utility facilities currently located within the
encroachment area. Since the building was constructed in 1984, we assume that any issues with
the encroachment would have been discovered by now.
To resolve this encroachment issue, the Applicant is applying to the Board of Adjustment
for a hardship variance from Section 36-11(f) of the Little Rock Code of Ordinances which
prohibits any building from being erected on, over or into any easement. The strict enforcement
of the literal provisions of Section 36-11(f) would cause undue hardship to the Applicant in that
demolishing a portion of the building and relocating the south wall to the north side of the
easement is the Applicant's only other option to resolve the encroachment. Granting this
hardship variance request for such a minor encroachment would be in keeping with the spirit and
40362.0001 /9849987.1
March 14, 2023
Page 2
intent of the provisions of Section 36-11(f) and would allow the easement to be modified to
conform to the conditions that have existed at the property for the past 39 years.
Also attached with this letter and the Application is a current survey of the property
prepared by Thomas Engineering Company on February 16, 2023. We are hand delivering the
$250 application fee to the Department of Planning and Development this afternoon with the
submittal of this Application. Please do not hesitate to contact me with any questions regarding
the Application or the attachments, or if anything else is needed from us at this time.
Sincerely,
0 V�—�
Mike Childers
Enclosures: Application for Zoning Variance
Survey
Plats
cc: Ron Harb (via email)
Joey Nichols (via email)
Greg Joslin (via email)
40362.0001/9849987.1