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HomeMy WebLinkAboutboa_03 21 2024LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE MARCH 21, 2024 4:00 P.M. I. Roll Call and Finding of a Quorum II. Deferral of the Minutes of the February 15, 2024 meeting of the Board of Adjustment III. Presentation of Consent Agenda IV. Presentation of Hearing Items LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES MARCH 21, 2024 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was not present being one (1) in number. II. Deferral of the Minutes of the February 15, 2024 meeting of the Board of Adjustment Members Present: Frank Allison — Chairman Members Absent: Austin Grinder — Vice Chair Richard Bertram James Harkins Jeremiah Russell City Attorney Present: Sherri Latimer LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA MARCH 21, 2024 4:00 P.M. OLD BUSINESS: Item Number: File Number: Address: 1. Z-9915 9 Hatfield Drive A variance is requested from the height and area provisions of Section 36-516 to allow an increased fence height in an R-2 zoning. NEW BUSINESS: Item Number: File Number: Address: 2. Z-5541-A 5008 Hawthorne Road A variance is requested from the area regulations of Section 36-254 to allow a reduced rear yard setback in the R- 2 zoning district. A variance is requested from the area regulations of Section 36-254 to allow a reduced side yard setback in the R- 2 zoning district. 3. Z-9942 5913 Country Club Road A variance is requested from the area regulations of Section 36-254 to allow a reduced rear yard setback in the R- 2 zoning district. Page Two NEW BUSINESS: (Cont.) Item Number: File Number: Address: 4. Z-9943 608 N. Spruce Street A variance is requested from the area regulations of Section 36-254 to allow a reduced rear yard setback in a R-2 zoning district. 5. Z-9950 7901 Henderson Road A variance is requested from the area regulations of Section 36-156 to allow a reduced front yard setback in the R- 2 zoning district. 6. Z-9959 2000 S. Schiller Street A variance is requested from the height area regulations of Section 36- 516 to allow an increased fence height in the R-2 zoning district. 7. Z-9960 84 Hallen Court A variance is requested from the area regulations of Section 36-156 to allow an increased rear yard coverage in the R-2 zoning district. A variance is requested from the easement regulations of Section 36- 11 to allow an encroachment into a utility easement in the R-2 zoning district. MARCH 21, 2024 ITEM NO.: 1 Z-9915 File No.: Z-9915 Owner: Overdis and Peggy McKenzie Applicant: Overdis McKenzie, Sr. Address: 9 Hatfield Drive Legal Description: Lots 63, 64, and part of Lot 49 in the Chicot Terrace Subdivision in the City of Little Rock, Pulaski County, Arkansas Current Zoning: R-2 Present Use: Single -Family Residence 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 five (5) feet between a required building setback line and a street right -of- way. Justification: The applicant's justification is presented in an attached letter. STAFF REPORT: A. Planning and Development Civil Engineering Comments: No comments required. B. Landscape and Buffer Comments: No comments. C. Building Codes Comments: No comments required. D. Analysis: The R-2 zoned property located at 9 Hatfield Drive is occupied by a single-family residence. The survey indicates a lot, triangular in shape, with 214 feet along 1 MARCH 21, 2024 ITEM NO.: 1 (Con't.) Z-9915 Hatfield Drive to the north, 260 feet width along the rear property line to the southeast, and 196 feet depth on the west side property line. The house is constructed within the building setback lines of the property, 35+ feet from the front (north) property line, 55+ feet from the rear (southeast) ,property line, and 6' from the side (west) property line. The fence is located less than 1 foot inside the front and side property lines, and 6+ feet inside the rear property line. The fence is constructed of chainlink with wood posts and wood toprail. The posts are topped with decorative, solar powered lights which exceed the fence height by approximately 1 foot. The height of the fence is approximately 5 foot tall. The fence serves to secure the yard for pets and children. 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." Therefore, the applicant is requesting a variance to allow a fence to a height to five (5) feet between the building setback line and a street right-of-way. According to Section 36-516 (f) (7), The proposed fence columns must comply with the following criteria: "(7) Support columns or support posts shall be permitted to exceed the allowable fence or wall height by no more than two (2) feet, including any ornamental features. Support columns or support posts shall have a maximum width of two (2) feet. There shall be a minimum distance of seven (7) feet six (6) inches between opposing faces of support columns or support posts which exceed the allowable fence or wall height, other than at gates or corners". The applicant's fence complies with this requirement. Staff is supportive of the requested fence height variance. Staff views the request as reasonable and the variance request to generally be in conformance with the development pattern in the area. The proposed fence will essentially enclose the yard area of the property. E. Staff Recommendation: Staff recommends approval of the requested fence height variance to allow a chainlink and wood fence to be constructed to a height of five (5)-feet between the required building setback and the street right-of-way as per the staff analysis and submitted survey/ site plan. Board of Adjustment (FEBRUARY 15, 2024) This item is being deferred to the March 21, 2024 agenda as the applicant failed to notify surrounding property owners as required. The item remained on the consent agenda for deferral. A motion was made and seconded to defer the item to the March 21, 2024 agenda. The vote was 4 ayes, 0 nays and 1 absent. 2 MARCH 21, 2024 ITEM NO.: 1 (Con't) Z-9915 Board of Adjustment (MARCH 21, 2024) The March 21, 2024, Little Rock Board of Adjustment meeting did not have a quorum as required per the By -Laws. Therefore, all items on the March agenda have been deferred to the April 18, 2024 meeting. 3 MARCH 21, 2024 ITEM NO.: 2 Z-5541-A File No.: Z-5541-A Owner: Sarah and Davis Dodson Applicant: Jesse Pierce (Agent) Address: 5008 Hawthorne Road Legal Description: The West 30 feet of the South 100 of Lot 2 and the South 100 feet of the East 40 feet of Lot 2, Block 2, Newton's Addition to Pulaski County, Arkansas. Current Zoning: R-2 Present Use: Single Family Residential Proposed Use: Single Family Residential Variance(s) Requested: A variance is requested from the area regulations of Section 36-254 to allow a reduced rear yard setback in the R-2 zoning district. A variance is requested from the area regulations of Section 36-254 to allow a reduced side yard setback in the R-2 zoning district. Justification: The applicant's justification is presented as per the attached letter. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments required. B. Buffering and Landscape Comments: No Comments required. C. Building Codes Comments: No Comments required. D. Staff Analysis: The R-2 zoned property located at 5008 Hawthorne Road is occupied by a one-story frame single family residence. A detached carport structure is located in the rear 1 MARCH 21, 2024 ITEM NO.: 2 (CON'T.) Z-5541-A yard area, near the northeast corner of the lot. A driveway extends from Hawthorne Road to the garage structure in the back. The applicant proposes to remove the existing detached carport structure and slab from the site and construct a new two-story attached garage structure featuring two (2) bedrooms and one (1) bathroom. The new structure is noted on the attached site plan. The proposed two-story garage structure will be built in the same area as the existing carport and will reside in the side yard setback (which the owner states will be the same side yard setback that currently exists). The new structure will also reside in the 25' rear setback, but the owner will move the structure forward eight (8) feet away from the rear property line (currently there is one (1) foot from the carport to the property line). The difference can be seen on the site plan compared to the survey. The new structure will be less than the maximum of 35 feet in height but will be taller than the existing residence. Section 36-254 (d)(2) of the City's Zoning Ordinance requires a side yard setback with a width of not less than ten (10) percent of the average width of the lot, not to exceed eight (8) feet. Therefore, the applicant is requesting a variance to allow the garage addition with a reduced side setback. Section 36-254 (d)(3) of the City's Zoning Ordinance requires a minimum rear building setback of 25 feet for principle structures in R-2 zoning. Therefore, the applicant is requesting a variance to allow the garage addition with a reduced rear setback. Staff is supportive of the requested reduced side and rear setback variances, respectively. Staff views the requests as reasonable. The proposed addition will occupy essentially the same area as the existing carport. The new building addition should have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested side and rear setback variances, subject to the property being replated into one (1) lot before a building permit is issued. Board of Adjustment (MARCH 21, 2024) The March 21, 2024, Little Rock Board of Adjustment meeting did not have a quorum as required per the By -Laws. Therefore, all items on the March agenda have been deferred to the April 18, 2024 meeting. 2 MARCH 21, 2024 ITEM NO.: 3: Z-9942 File No.: Z-9942 Owner: Biagioni Joint Revocable Trust Applicant: Chris Maris Address: 5913 N. Country Club Blvd. Legal Description: Lot 75, Forest Heights Place Addition Current Zoning: R-2 Present Use: Single Family Residence (under construction) Proposed Use: Single Family Residential Variance(s) Requested: A variance is requested from the area regulations of Section 36-254 to allow a reduced rear yard setback in the R-2 zoning district. Justification: The applicant's justification is presented in attached letter. STAFF REPORT A. Planning and Development Civil Engineering: No Comments required. B. Landscape and Buffers: No Comments required. C. Building Codes: No Comments required. D. Staff Analysis: The R-2 zoned property located at 5913 N. Country Club Blvd. is occupied by a single family residence which is under construction. The property is located on the south side of N. Country Blvd., just east of N. University Avenue. As part of the home construction, the applicant proposes to construct a 13.8 foot by 30.7 foot patio on the rear of the structure, as noted on the attached site plan. The proposed patio will be approximately 24 inches above grade. The applicant proposes to cover the patio area with a roof structure. The patio area will remain unenclosed on its south, east and west sides. The patio cover will be attached to the residence and will be located approximately 11 feet back from the rear (south) property line. 1 MARCH 21, 2024 ITEM NO.: 3: (CON'T.) Z-9942 Section 36-254 (d)(3) of the City's Zoning Ordinance requires a minimum rear building setback of 25 feet for structures in R-2 zoning. Therefore, the applicant is requesting a variance to allow a reduced rear building setback for the covered patio structure. All other setbacks will conform with ordinance standards. Staff is supportive of the requested reduced rear setback. Staff views the requests as reasonable. The proposed unenclosed patio area should have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested rear setback variance, subject to the patio area remaining unenclosed. Board of Adjustment (MARCH 21, 2024) The March 21, 2024, Little Rock Board of Adjustment meeting did not have a quorum as required per the By -Laws. Therefore, all items on the March agenda have been deferred to the April 18, 2024 meeting. 2 MARCH 21, 2024 ITEM NO.: 4: Z-9943 File No.: Z-9943 Owner: Jonathan and Autumn Brown Applicant: Thomas Pownall / Thomas Engineering Co. Address: 608 N. Spruce Street Legal Description: Lot 7, Block 34, Pulaski Heights Addition Current Zoning: R-2 Present Use: Single Family Residential Proposed Use: Single Family Residential Variance(s) Requested: A variance is requested from the area regulations of Section 36-254 to allow a reduced rear yard setback in the R-2 zoning district. Justification: The applicant's justification is presented in an attached letter. STAFF REPORT A. Planning and Development Civil Engineering: Please understand that you shall apply for a permit for the proposed garage and a separate permit for the proposed addition. Also understand that if you get approved for the covered walkway that the design might change or one of the building permits might be rejected. B. Landscape and Buffers No Comments required. C. Building Codes: No Comments required. D. Staff Analysis: The R-2 zoned property located at 608 N. Spruce Street is occupied by a one-story frame single family residence. A one-story detached garage structure is located in the rear yard area, near the northwest corner of the lot. A paved alley is located along the rear (west) property line. A driveway extends from the alley to the existing garage structure. The applicant proposes to remove the existing detached garage structure from the site and construct a new garage addition, as noted on the attached site plan. The 1 MARCH 21, 2024 ITEM NO.: 4 (CON'T.) Z-9943 new garage structure will be 24.3 feet by 28.8 feet in area. The applicant is also proposing a 14 foot wide addition to the rear of the residence. The addition and proposed garage will be connected with a breezeway structure. The proposed garage will be located approximately 20 feet back from the rear (west) property line. A new driveway will be constructed from the alley to the new garage structure. Section 36-254 (d)(3) of the City's Zoning Ordinance requires a minimum rear building setback of 25 feet for principal structures in R-2 zoning. Therefore, the applicant is requesting a variance to allow the garage addition with a reduced rear setback. All other building setbacks conform with ordinance standards. Staff is supportive of the requested reduced rear building setback variance. Staff views the requests as reasonable. The proposed garage will occupy essentially the same area as the existing garage. The new building addition should have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested rear setback variance, subject to compliance with the comments and conditions noted in paragraph A., and the staff analysis, of the agenda staff report. Board of Adjustment (MARCH 21, 2024) The March 21, 2024, Little Rock Board of Adjustment meeting did not have a quorum as required per the By -Laws. Therefore, all items on the March agenda have been deferred to the April 18, 2024 meeting. 2 MARCH 21, 2024 ITEM NO.: 5: Z-9950 File No.: Z-9950 Owner: Greg and Merry Zakrzewski Applicant: Christopher Subleft Address: 7901 Henderson Road Legal Description: Long Legal Description (5 acres) Current Zoning: R-2 Present Use: Single Family Residential Proposed Use: Single Family Residential Variance(s) Requested: Variances are requested from the area regulations of Section 36-156 to allow a reduced front yard setback in the R-2 zoning district, and an accessory structure larger than the principal structure. Justification: The applicant's justification is presented in an attached letter. STAFF REPORT A. Planning and Development Civil Engineering: Resubmit a survey that is legible, survey shall be performed within the last 5 years and all stamps, dates and signatures shall be present. B. Landscape and Buffers: No Comments required. C. Building Codes: No Comments required. D. Staff Analysis: The R-2 zoned property located at 7901 Henderson Road is occupied by a two-story single family residence (2,925 sq. ft.) which is located within the north half of the five (5) acre property. Several other accessory structures are located east and south of the residence. The property is located on the east side of Henderson Road, south of Raines Road. The property is located outside the Little Rock City Limits, but within the City's Extraterritorial Zoning Jurisdiction. The applicant proposes to construct a 50 foot by 80 foot metal accessory building near the southwest corner of the overall property, as noted on the attached site plan. 1 MARCH 21, 2024 ITEM NO.: 5: (CON'T.) Z-9950 The proposed accessory structure will be located approximately 34 feet back from the front (west) property line and 49 feet from the south side property line. The applicant notes that the proposed accessory building will be for "hobby use to perform canine agility drills during unfavorable weather conditions." Section 36-156 (a)(2) of the City's Zoning Ordinance states the following with respect to accessory structures in R-2 zoning. - Accessory structures must be located at least 60 feet back from front property lines. 2. Accessory structures must contain less gross floor area than the principal structure. Therefore, the applicant is requesting variances from these ordinance standards to allow the accessory structure with a reduced front setback and a building area larger than the principal structure. The structure must not exceed a height of 35 feet. Staff is supportive of the requested variances for the proposed accessory structure. Staff views the request as reasonable. The proposed accessory structure will be located on a five (5) acre tract of land. The proposed structure should have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested variances, subject to compliance with the comments and conditions outlined in paragraph A, and the staff analysis, of the agenda staff report. Board of Adjustment (MARCH 21, 2024) The March 21, 2024, Little Rock Board of Adjustment meeting did not have a quorum as required per the By -Laws. Therefore, all items on the March agenda have been deferred to the April 18, 2024 meeting. 2 MARCH 21, 2024 ITEM NO.: 6: Z-9959 File No.: Z-9959 Owner: Walter Shorter, Jr. Applicant: Walter Shorter, Jr. Address: 2000 South Schiller Street Legal Description: The East 100 feet of Lot 1, Amended Plat of Block 2, O.F. Sheldon's Addition to the City of Little Rock, Pulaski County, Arkansas Current Zoning: R-4 Present Use: Single Family Residential Proposed Use: Single Family Residential Variance(s) Requested: A variance is requested from the height area regulations of Section 36-516 to allow an increased fence height in the R-4 zoning district. Justification: The applicant's justification is presented in an attached letter. Staff Update: The applicant failed to notify the surrounding property owners as required. Staff recommends the application be deferred to the April 18, 2024 agenda to allow the applicant time to submit the required documents. Board of Adjustment (MARCH 21, 2024) The March 21, 2024, Little Rock Board of Adjustment meeting did not have a quorum as required per the By -Laws. Therefore, all items on the March agenda have been deferred to the April 18, 2024 meeting. 1 MARCH 21, 2024 ITEM NO.: 7: Z-9960 File No.: Z-9960 Owner: MF Trust Applicant: Mauricio Moreno Address: 84 Hallen Court Legal Description: Lot 15, Block 96, Chenal Valley Addition Current Zoning: R-2 Present Use: Single Family Residential Proposed Use: Single Family Residential Variance(s) Requested: A variance is requested from the area regulations of Section 36-156 to allow an increased rear yard coverage in the R-2 zoning district. A variance is requested from the easement regulations of Section 36-11 to allow an encroachment into a utility easement in the R-2 zoning district. Justification: The applicant's justification is presented in an attached letter. Staff Update.. - The applicant failed to submit all of the required documentation as required for an easement encroachment variance. The applicant needs to submit a letter from each of the five (5) public utility companies addressing the proposed easement encroachment. Staff recommends the application be deferred to the April 18, 2024 agenda to allow the applicant time to submit the required documents. Board of Adjustment (MARCH 21, 2024) The March 21, 2024, Little Rock Board of Adjustment meeting did not have a quorum as required per the By -Laws. Therefore, all items on the March agenda have been deferred to the April 18, 2024 meeting. 1 MARCH 21, 2024 There being no further business before the Board, the meeting was adjourned at 4:00 p.m. Date: Chairman Secretary