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HomeMy WebLinkAboutboa_04 18 2024LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE APRIL 18, 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 APRIL 18, 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 APRIL 18, 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 36-516 to allow an increased fence height in the R-2 zoning district. 2. 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-4 zoning district. 3. 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. 4. Z-9942 5913 N. Country Club Boulevard 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. 1 OLD BUSINESS (Con't.) Item Number: File Number: Address: 5. 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. 6. 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. NEW BUSINESS Item Number: File Number: Address: 7. Z-6951-A 5800 S. Country Club Boulevard A variance is requested from the area regulations of Section 36-254(d)(3) to allow a reduced rear yard setback in a R- 2 zoning district. 8. Z-8257-D 5701 Kavanaugh Boulevard A variance is requested from the area regulations of Section 36-301(e) to allow zero (0) front and side yard setbacks in the C-3 zoning district along the north, east, and west lot lines. A variance is requested from the parking regulations of Section 36-502(b)(3)(c) to allow a reduction of parking spaces in the C-3 zoning district. A variance is requested from the buffer regulations of Section 36-522(b)(3) to allow a reduced front yard buffer to zero (0) in the C-3 zoning district. 2 NEW BUSINESS (Con't.) Item Number: File Number: Address: 9. Z-9946 13 Tanglewood Drive A variance is requested from the area regulations of Section 36-254(d)(2) to allow a reduced side yard setback in the R-2 zoning district. 10. Z-9949 116 S. Valmar Street A variance is requested from the area regulations of Section 36-254(d)(2) to allow a reduced side yard setback in a R- 2 zoning district. A variance is requested from the area regulations of Section 36-254(d)(3) to allow a reduced rear yard setback in a R- 2 zoning district. 11. Z-9969 2424 N. Grant Street A variance is requested from the area regulations of Section 36-254(d)(3) to allow a reduced rear yard setback in the R-2 zoning district. 12. Z-9971 1701 N. Palm Street A variance is requested from the area regulations of Section 36-254(d)(2) to allow for a reduced side yard setback in the R-2 zoning district. A variance is requested from the area regulations of Section 31-12(b) to allow for an encroachment over the front building line in the R-2 zoning district. 3 NEW BUSINESS (Con't ) Item Number: File Number: Address: 13. Z-9976 5900 Dreher Lane A variance is requested from the off- street parking regulations of Section 36- 502(3)(c) to allow a decrease in parking in the C-3 zoning district. A variance is requested from the general district restrictions regulations of Section 36-298(2) to allow the dumpster enclosure within the front setback in the C-3 zoning district. A variance is requested from the general district restrictions regulations of Section 36-301(e)(3) to allow the building awnings within the rear setback in the C- 3 zoning district. 14. Z-9891-A 205 N. Woodrow Street Appeal of administrative decision to deny the filing of an application for a Special Use Permit (SUP). 15. Z-9892-A 822 Monroe Street Appeal of administrative decision to deny the filing of an application for a Special Use Permit (SUP). 2 APRIL 18, 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 APRIL 18, 2024 ITEM NO.: 1 (CON'T.) 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 APRIL 18, 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. Board of Adjustment (APRIL 18, 2024) This item is being deferred to the May 16, 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 May 16, 2024 agenda. The vote was 5 ayes, 0 nays and 0 absent. 3 APRIL 18, 2024 ITEM NO.: 2 (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. STAFF REPORT: A. Planning and Development Civil Engineering Comments: No comments required. B. Landscape and Buffer Comments: No comments. 1 APRIL 18, 2024 ITEM NO.: 2 (CON'T.) Z-9959 C. Building Codes Comments: No comments required. D. Analysis: The R-4 zoned property located at 2000 South Schiller Street is occupied by a single-family residence. The survey indicates a rectangular corner lot, with 76 feet of street frontage on Schiller Street (west) and 100 feet of frontage on West 20th Street (north). The owner is concerned for the safety of his property and pets due to past experience of theft and vandalism. The applicant is proposing to construct a wood privacy fence along the 20th Street right-of-way, five (5) feet in height. The posts are to be topped with solar -powered lights for security purposes. The sketch provided indicates the location of the fence. 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 privacy fence to a height to five (5) feet between the building setback line and a street right-of-way. Staff is supportive of the requested fence height variance. Staff views the request as reasonable and the variance request to generally be in support of the owner's safety and welfare. E. Staff Recommendation: Staff recommends approval of the requested fence height variance to allow a 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 (APRIL 18, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended approval of the requested fence height variance to allow a five (5) foot high fence between the building setback and the street right-of-way per the staff report analysis and report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 5 ayes, 0 nays and 0 absent. 2 APRIL 18, 2024 ITEM NO.: 3 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 APRIL 18, 2024 ITEM NO.: 3 (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 APRIL 18, 2024 ITEM NO.: 3 (CON'T.) Z-5541-A Board of Adjustment (APR IL 18, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended approval of the requested side and rear yard setback variances per the staff report analysis and report recommendations for replatting the property. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 5 ayes, 0 nays and 0 absent. 3 APR IL 18, 2024 ITEM NO.: 4: 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 APRIL 18, 2024 ITEM NO.: 4: (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. Board of Adjustment (APRIL 18, 2024) This item is being deferred to the May 16, 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 May 16, 2024 agenda. The vote was 5 ayes, 0 nays and 0 absent. APRIL 18, 2024 ITEM NO.: 5: 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. Landscaoe 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 APRIL 18, 2024 ITEM NO.: 5 (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. Board of Adjustment (APRIL 18, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended approval of the requested rear setback variance to allow a reduction of the twenty-five (25) foot setback to twenty (20) feet in an R-2 district per the staff report analysis and report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 5 ayes, 0 nays and 0 absent. 2 APRIL 18, 2024 ITEM NO.: 6 Z-9950 File No.: Z-9950 Owner: Greg and Merry Zakrzewski Applicant: Christopher Sublett 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 APRIL 18, 2024 ITEM NO.: 6: (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. Board of Adjustment (APRIL 18, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended approval of the requested front setback variance to allow a reduction of the sixty (60) foot setback for an accessory building, due to site conditions, to no less that thirteen (13) feet from the right-of-way in an R-2 district per the staff report analysis and report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 5 ayes, 0 nays and 0 absent. 2 APRIL 18, 2024 ITEM NO.: 7 Z-6951-A File No.: Z-6951-A Owners: Paul and Trisha Pfeifer Applicant: Christi Wilson, Trail Run Properties (Agent) Address: 5800 S. Country Club Boulevard Legal Description: Lot 87, Forest Heights Place, a subdivision to the City of Little Rock, Pulaski County, Arkansas Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from area regulations of Sec. 36- 254(d)(3) to allow a reduced rear yard setback in the R-2 district. Justification: The applicant's justification is presented as per the attached letter. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Buffering and Landscape Comments: No Comments. C. Building Codes Comments: No Comments. D. Staff Analysis: The R-2 zoned property located at 5800 S. Country Club Boulevard. The applicant states that the plan is to add a 4'x21.8' area to their existing garage and to roof over their existing patio. This will connect the house, garage, and patio under one roof. Section 36-254(d)(3) states "There shall be a rear yard setback having a depth of not less than twenty-five (25) feet." Therefore, the applicant is requesting a variance 1 APRIL 18, 2024 ITEM NO.: 7 (CON'T.) Z-6951-A to allow the extension of the primary structure into the rear yard setback reducing the setback to no less than 7-feet. Staff is supportive of the requested variances. Staff views the requests as reasonable. The reduction of the rear yard area for the covered patio and garage structure is similar to development patterns in the area. Staff believes that the requested variance will have no adverse impact on the surrounding properties. E. Staff Recommendatio Staff recommends approval of the requested variance, subject to the descriptions and any conditions in the "staff analysis". Board of Adjustment (APRIL 18, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended approval of the requested rear yard setback variance to allow a reduction of the twenty-five (25) foot setback for an extension of the primary structure reducing the rear yard to no less than seven (7) feet in an R-2 district per the staff report analysis and report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 5 ayes, 0 nays and 0 absent. 2 APRIL 18, 2024 ITEM NO.: 8 Z-8257-D File No.: Z-8257-D Owners: Valet Properties Applicant: McClelland Consulting Engineers (Agent) Address: 5701 Kavanaugh Boulevard Legal Description: Lots 1 and 2, Block 6, Mountain Park Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: C-3 Present Use: Vacant lot Proposed Use: Restaurant Variance(s) Requested: A variance is requested from the area regulations of Section 36-301(e) to allow zero (0) front and side yard setbacks in the C-3 zoning district along the north, east, and west lot lines. A variance is requested from the parking regulations of Section 36-502(b)(3)(c) to allow a reduction of parking spaces in the C-3 zoning district. A variance is requested from the buffer regulations of Section 36-522(b)(3) to allow a reduced front yard buffer to zero (0) in the C-3 zoning district. Justification: The applicant's justification is presented as per the application. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Buffering and Landscape Comments: No Comments. C. Building Codes Comments: No Comments. 1 APRIL 18, 2024 ITEM NO.: 8 (CON'T.) Z-8257-D D. Staff Analvsis: The C-3 zoned property is located at 5701 Kavanaugh Boulevard on the corner of Kavanaugh Boulevard and Fillmore Street. The site is currently vacant and the applicant proposes to build a new building on the property with the requested variances. Section 36-301(e) states "(1) Front yard. There shall be a front yard having a depth of not less than twenty-five (25) feet to the front line of the building. Where the two (2) adjacent buildings are closer than twenty-five (25) feet to the property line, said established setback line will prevail on subject property. (2) Side yard. No side yard shall be required except where abutting a residential district; then there shall be a side yard width of not less than fifteen (15) feet. On a corner lot, the side yard on the street side or exterior side shall be equal to the front yard setback." Therefore, the applicant is requesting a variance to allow zero (0) front and side yard setbacks along the north, east, and west lot lines. Section 36-502(b)(3)(c) states "Restaurants (and similar establishments serving food and beverages), 1.0 space for each one hundred (100) square feet of gross floor area." Therefore, the applicant is requesting a variance to allow a reduction of parking spaces on site. Section 36-522(b)(3) states "Street buffer. All sites developed, modified or enlarged shall provide street buffers as follows: 1.All street property lines at six (6) percent of the average depth of the lot; 2.Street buffers shall not be required for alley frontage; 3.The minimum dimension shall be one-half the full width requirement but in no case less than nine (9) feet. 4.The maximum dimension required shall be fifty (50) feet." Therefore, the applicant is requesting a variance to allow zero (0) street buffer yards on site. Staff is supportive of the requested variances. Staff views the requests as reasonable. The requests are similar to development patterns in the area. Staff believes that the requested variance will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested variance, subject to the descriptions and any conditions in the "staff analysis". 2 APRIL 18, 2024 ITEM NO., 8 ICON'T. Board of Adjustment (APRIL 18, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended approval of the requested variances for front yard and side yard setbacks, street buffers, and required on -site parking for a new building within the Heights commercial district, zoned C-3. per the staff report analysis and report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 5 ayes, 0 nays and 0 absent. APRIL 18, 2024 ITEM NO.: 9 Z-9946 File No.: Z-9946 Owners: Applicant: Address: Legal Description: Zoned: Present Use: Proposed Use: Variance(s) Requested Justification: STAFF REPORT Grant and Martha Jones Damion Mitchell (Agent) 13 Tanglewood Lane Lot 13 of Club Terrace Addition to the City of Little Rock, Pulaski County, Arkansas M Single-family Residence Single-family Residence A variance is requested from area regulations of Sec. 36- 254(d)(2) to allow a reduced side yard setback in the R-2 district. The applicant's justification is presented as per the application. A. Planning and Development Civil Engineering Comments: No Comments. B. Buffering and Landscape Comments: No Comments. C. Building Codes Comments: No Comments. D. Staff Analvsis: The R-2 zoned property is located at 13 Tanglewood Lane. The applicant states that the plan is to cover a portion of the existing driveway with a carport attached to, and parallel to, the existing house. One corner of the carport will be 6-feet from the property line, the other corner will be 9.5-feet from the property line. 1 APRIL 18, 2024 ITEM NO.- 9 (CON'T.) Z-9946 Section 36-254(d)(2) states "There shall be a side yard set -back on each side of the building having 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 extension of the primary structure into the side yard setback reducing the setback to no less than 6-feet. Staff is supportive of the requested variances. Staff views the requests as reasonable. The reduction of the side yard for the carport structure is similar to development patterns in the area. Staff believes that the requested variance will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested variance, subject to the descriptions and any conditions in the "staff analysis". Board of Adjustment (APRIL 18, 2024) This item is being deferred to the May 16, 2024 agenda as the applicant failed to submit a cover letter of intent. The item remained on the consent agenda for deferral. A motion was made and seconded to defer the item to the May 16, 2024 agenda. The vote was 5 ayes, 0 nays and 0 absent. 2 APRIL 18, 2024 ITEM NO.: 10 Z-9949 File No.: Z-9949 Owners: Melinda Fair Applicant: Steve Hester & Sons, LLC (Agent) Address: 116 S. Valmar Street Legal Description: Lot 5, Block 2 of Beaches Subdivision, as recorded in Pulaski County, Arkansas Zoned: R-3 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from area regulations of Sec. 36- 255(d)(2) to allow a reduced side yard setback in the R-3 district. A variance is requested from area regulations of Sec. 36- 255(d)(3) to allow a reduced rear yard setback in the R-3 district. Justification: The applicant's justification is presented as per the application. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Buffering and Landscape Comments: No Comments. C. Building Codes Comments: No Comments. D. Staff Analysis: The R-3 zoned property is located at 116 S. Valmar Street. The applicant states that the plan is to renovate an existing shed and deck into an expanded guest house for 1 APRIL 18, 2024 ITEM NO.: 10 (CON'T.) Z-9949 family use. The existing, and proposed, structure will be within the side and rear setback yard areas, for the most part. Section 36-255(d)(2) states "There shall be a side yard on each side of the building having a width of not less than ten (10) percent of the average width of the lot, not to exceed five (5) feet." Therefore, the applicant is requesting a variance to allow the extension of the proposed renovated guest house structure to encroach into the side yard setback as presented in the survey. Section 36-255(d)(3) states "There shall be a rear yard setback having a depth of not less than twenty-five (25) feet." Therefore, the applicant is requesting a variance to allow the extension of the proposed renovated guest house structure to encroach into the rear yard setback as presented in the survey. Staff is supportive of the requested variances. Staff views the requests as reasonable. The reduction of the side and rear yards for the guest house structure is similar to development patterns in the area. Staff believes that the requested variance will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested variance, subject to the descriptions and any conditions in the "staff analysis". Board of Adjustment (APRIL 18, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended approval of the requested side and rear yard setback variances in an R-3 district per the staff report analysis and report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent. 2 APRIL 18, 2024 ITEM NO.: 11 Z-9969 File No.: Z-9969 Owners: Jeff Fuller Homes, LLC Applicant: Jeff Fuller (Owner/Agent) Address: 2424 N. Grant Street Legal Description: Lot 12, Block 29, Park View Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from area regulations of Sec. 36- 254(d)(3) to allow a reduced rear yard setback in the R-2 district. Justification: The applicant's justification is presented as per the attached letter. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Buffering and Landscape Comments: No Comments. C. Building Codes Comments: No Comments. D. Staff Analysis: The R-2 zoned property is located at 2424 N. Grant Street. The applicant states that the plan is necessary to provide for garages to accommodate three vehicles due to site conditions. Section 36-254(d)(3) states "There shall be a rear yard setback having a depth of not less than twenty-five (25) feet." Therefore, the applicant is requesting a variance 1 APRIL 18, 2024 ITEM NO.: 11 (CON'T.) Z-9969 to allow the extension of the primary structure into the rear yard setback reducing the setback to no less than 3-feet. Staff is supportive of the requested variances. Staff views the requests as reasonable. The reduction of the rear yard area for the covered patio and garage structure is similar to development patterns in the area. Staff believes that the requested variance will have no adverse impact on the surrounding properties. E. Staff Recommendation'. Staff recommends approval of the requested variance, subject to the descriptions and any conditions in the "staff analysis". Board of Adjustment (APRIL 18, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended approval of the requested rear yard setback to allow a reduction of the twenty-five (25) foot setback for an extension of the primary structure reducing the rear yard to no less than three (3) feet in an R-2 district per the staff report analysis and report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent. 2 APRIL 18, 2024 ITEM NO.: 12 Z-9971 File No.: Z-9971 Owners: Eric Wippo Applicant: Eric Wippo (Owner) Address: 1701 N. Palm Street Legal Description: Lot 18, except the North 20 feet, and Lot 17, except the South 15 feet thereof, Cliffewood Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: Present Use: Proposed Use: Variance(s) Requested Justification: STAFF REPORT R-2 Single-family Residence Single-family Residence A variance is requested from area regulations of Sec. 36- 254(d)(1) to allow a reduced front yard setback in the R-2 district. A variance is requested from the area regulations of Section 31-12(b) to allow for an encroachment over the front building line in the R-2 zoning district. The applicant's justification is presented as per the application. A. Planning and Development Civil Engineering Comments: No Comments. B. Bufferinq and Landscape Comments: No Comments. C. Building Codes Comments: No Comments. 1 APRIL 18, 2024 ITEM NO.: 12 (CON'T.) Z-9971 D. Staff Analysis: The R-2 zoned property is located at 1701 N. Palm Street. The applicant states that the plan is to build a 12.5'x20' addition to the front of the existing house. This addition will encroach into the front building line as shown on the survey drawing. Section 36-254(d)(1) states "There shall be a front yard setback having a depth of not less than twenty-five (25) feet." Therefore, the applicant is requesting a variance to allow the extension of the proposed addition to encroach into the front yard setback as presented in the survey. Section 31-12(b) states "Building line variances. 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. That body shall review each building line variance request for hardship circumstances as required by chapter 36, article II, division 2. Those variances approved by the board of adjustment shall be reflected upon a replat of the subject lots which shall be recorded in the office of the circuit clerk of the county. A bill of assurance amendment shall not be required by the review process nor shall the administrator sign a bill of assurance. The owner or applicant shall be instructed to review the filing procedure with the circuit clerk should a revised bill of assurance be required by that office. Platting costs shall be born by the applicant or owner." Therefore, the applicant is requesting a variance to allow the extension of the proposed addition to encroach into the front building line as presented in the survey. Staff is supportive of the requested variances. Staff views the requests as reasonable. The reduction of the front yard / building line for the room addition is similar to development patterns in the area. Staff believes that the requested variance will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested variance, subject to the descriptions and any conditions in the "staff analysis" and replatting of the property as described. Board of Adjustment (APRIL 18, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended approval of the requested front yard setback and front building line variances to allow a reduction of the twenty-five (25) foot setback for an extension of the primary structure reducing the front yard in an R-2 district per the staff report analysis and report, and replatting of the property. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent. OA APRIL 18, 2024 ITEM NO.: 13 Z-9976 File No.: Z-9976 Owners: Ampler Development Applicant: Matthew Gatto, Kimley-Horn and Associates (Agent) Address: 5900 Dreher Lane Legal Description: Lot A and part of Lot B-R, Southwest City Commercial Subdivision, Little Rock, Arkansas Zoned: C-3 Present Use: Restaurant Proposed Use: Restaurant Variance(s) Requested: A variance is requested from the off-street parking regulations of Section 36-502(3)(c) to allow a decrease in parking in the C-3 zoning district. A variance is requested from the general district restrictions regulations of Section 36-298(2) to allow the dumpster enclosure within the front setback in the C-3 zoning district. A variance is requested from the general district restrictions regulations of Section 36-301(e)(3) to allow the building awnings within the rear setback in the C-3 zoning district. Justification: The applicant's justification is presented as per the cover letter. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Buffering and Landscape Comments: No Comments. C. Building Codes Comments: No Comments. 1 APRIL 18, 2024 ITEM NO.: 13 (CON'T.) Z-9976 D. Staff Anaivsis: The C-3 zoned property is located at 5900 Dreher Lane and is an existing Burger King restaurant. The owner proposes to upgrade the site with a new Burger King restaurant with the requested variances. Section 36-502(b)(3)(c) states "Restaurants (and similar establishments serving food and beverages), 1.0 space for each one hundred (100) square feet of gross floor area." Therefore, the applicant is requesting a variance to allow a reduction of parking spaces from the required 31 to 23. Section 36-298(2) states "Dumpsters and trash containment areas shall not be located within the front yard setback area or street side or exterior side yard setback area." Therefore, the applicant is requesting to locate the dumpster enclosure as shown on the Site Plan which is at the rear of the site yet on the street side. Section 36-301(e)(3) states "There shall be a rear yard having a depth of not less than twenty-five (25) feet." Therefore, the applicant is requesting a variance to allow 3'-3" of building awnings to be placed within the rear setback. Staff is supportive of the requested variances. Staff views the requests as reasonable. The requests are similar to development patterns in the area. Staff believes that the requested variance will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested variance, subject to the descriptions and any conditions in the "staff analysis". Board of Adjustment (APRIL 18, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended approval of the requested variances for parking space reduction, dumpster location, and rear yard setback a C-3 district per the staff report analysis and report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent. 2 APRIL 18, 2024 ITEM NO.: 14 Z-9891-A File No.: Z-9891-A - Appeal Owner: Tara J. Tinnin Applicant: Stephen R. Giles (Agent) Address: 205 N. Woodrow Street Legal Description: On file Zoned: R-3 Variance(s) Requested: An appeal of the Special Use Permit denial. Justification: The applicant's appeal is presented in the letter dated March 26, 2024. STAFF REPORT A. Planning and Development Civil Engineering: No Comments. B. Landscape and Buffers: No Comments. C. Building Codes No Comments. D. Staff Analysis: 205 North Woodrow Street lies within the limits of the City of Little Rock and is zoned R-3 Residential. The property has been utilized as a residence since construction. The property was recently purchased by Tara J. Tinnin. In November 2023 the applicant filed an application to The Little Rock Planning Commission for Group Home Special Use Permit at the residence. The application was denied at the January 11, 2024, hearing of the planning commission. In February 2024, the applicant filed another application at this property for the same use, with the only change being the number of occupants (14 to 11) in the home. It was staffs interpretation that they did not comply with rules for reapplication after denial, which is spelled out in the zoning code and in the Planning Commission bylaws (E)(7)(c), and which states, "No identical or substantially identical application concerning a specific parcel or parcels of land that has been denied by the Planning Commission or Board of Directors may be made for a period of one (1) year." According to Dictionary.com, the definition of "substantially" is as follows: "By an ample or considerable amount; quite a lot." APRIL 18, 2024 ITEM NO.: 14 (CON'T.) Z-9891-A On February 26, 2024, the City issued a letter to Stephen Giles at Wright, Lindsey, Jennings stating that the property had failed to comply with the Group Home Code of Ordinance and the proposed use as a group home does not meet the code requirements for submittal. Staff Comments: "The Planning & Development staff has reviewed your application for the above - referenced property. We have determined this application is identical or substantially identical to the previously submitted application which was denied by the Little Rock Planning Commission at their January 11, 2024, meeting. The proposal to reduce the number of residences from fourteen (14) to eleven (11) is not a substantial change in the application. Therefore, your application for the Special Use Permit for 205 N. Woodrow Street application has been denied." Furthermore, it was stated to the applicant what staff would consider "substantial" to be: "it is the Planning & Development staffs opinion that a reduction to six (6) proposed individuals at this residence would represent a substantial change in the application and could be reviewed by the Little Rock Planning Commission. " In March 2024 the applicant filed an appeal to Little Rock Board of Adjustment contesting the staff's administrative decision that the application is not substantially different from the original denied application. The Board of Adjustment is asked to determine if staffs administrative decision that the SUP application cannot be filed is appropriate based on the zoning code and the Planning Commission bylaws. 2 APRIL 18, 2024 ITEM NO.: 15 File No.: Z-9892-A - Appeal Owner: Tara J. Tinnin Applicant: Stephen R. Giles (Agent) Address: 822 Monroe Street Legal Description: On file Zoned: R-2 Variance(s) Requested: An appeal of the Special Use Permit denial. Justification: The applicant's appeal is presented in the letter dated March 26, 2024. STAFF REPORT A. Planning and Development Civil Engineering: No Comments. B. Landscape and Buffers: No Comments. C. Building Codes: No Comments. D. Staff Analysis: 822 North Monroe Street lies within the limits of the City of Little Rock and is zoned R-2 Residential. The property has been utilized as a residence since construction. The property was recently purchased by Tara J. Tinnin. In November 2023 the applicant filed an application to The Little Rock Planning Commission for Group Home Special Use Permit at the residence. The application was denied at the January 11, 2024, hearing of the planning commission. In February 2024, the applicant filed another application at this property for the same use, with the only change being the number of occupants (11 to 8) in the home. It was staff's interpretation that they did not comply with rules for reapplication after denial, which is spelled out in the zoning code and in the Planning Commission bylaws (E)(7)(c), and which states, "No identical or substantially identical application concerning a specific parcel or parcels of land that has been denied by the Planning Commission or Board of Directors may be made for a period of one (1) year." According to Dictionary.com, the definition of "substantially" is as follows: "By an ample or considerable amount; quite a lot." 1 APRIL 18, 2024 ITEM NO.; 15 (CON'T.) Z-9892-A On February 26, 2024, the City issued a letter to Stephen Giles at Wright, Lindsey, Jennings stating that the property had failed to comply with the Group Home Code of Ordinance and the proposed use as a group home does not meet the code requirements for submittal. Staff Comments: "The Planning & Development staff has reviewed your application for the above - referenced property. We have determined this application is identical or substantially identical to the previously submitted application which was denied by the Little Rock Planning Commission at their January 11, 2024, meeting. The proposal to reduce the number of residences from eleven (11) to eight (8) is not a substantial change in the application. Therefore, your application for the Special Use Permit for 822 Monroe Street application has been denied." Furthermore, it was stated to the applicant what staff would consider "substantial" to be: "It is the Planning & Development staffs opinion that a reduction to six (6) proposed individuals at this residence would represent a substantial change in the application and could be reviewed by the Little Rock Planning Commission. " In March 2024 the applicant filed an appeal to Little Rock Board of Adjustment contesting the staff's administrative decision that the application is not substantially different from the original denied application. The Board of Adjustment is asked to determine if staffs administrative decision that the SUP application cannot be filed is appropriate based on the zoning code and the Planning Commission bylaws. 1 APRIL 18, 2024 There being no further business before the Board, the meeting was adjourned at 4:27 p.m. Date: Chairman Secretary 1