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HomeMy WebLinkAboutboa_05 16 2024LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE MAY 16, 2024 4:00 P.M. I. Roll Call and Finding of a Quorum II. Deferral of the Minutes of the April 18, 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 MAY 16, 2024 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being five (5) in number. II. Approval of the Minutes of the April 18, 2024 meeting of the Board of Adjustment Members Present: Frank Allison — Chairman Austin Grinder —Vice Chair Richard Bertram James Harkins Jeremiah Russell Members Absent: None City Attorney Present: Sherri Latimer LITTLE ROCK BOARD OF ADJUSTMENT AGENDA May 16, 2024 OLD BUSINESS: Item Number: File Number: Address: A. 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. B. 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 C. 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. NEW BUSINESS: Item Number: File Number: Address: 1. Z-9944 9 Calais Court 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 NEW BUSINESS (Cont.) 2. Z-9960 84 Hallen Court 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. 3. Z-9977 3410 "I" Street 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. 4. Z-9982 10013 Charterhouse Road 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. A variance is requested from the building line regulations of Sec. 31-12 to allow the encroachment of a structure across a platted building line. 5. Z-9989 11780 Rivercrest Drive A variance is requested from the area regulations of Section 36-254 to allow a reduced front yard setback in the R-2 zoning district. 6. Z-9990 19 Haywood Court A variance is requested from the area regulations of Section 36-254 to allow an reduced rear yard setback in the R-2 zoning district. 2 NEW BUSINESS (Cont.) Item Number: File Number: Address: 7. Z-9991 3124 South Arch Street A variance is requested from the area regulations of Section 36-254 to allow an reduced side yard setback in the R- 2 zoning district. 8. Z-9992 500 Holly Street A variance is requested from the area regulations of Section 36-254 to allow an reduced side yard setback in the R- 2 zoning district. 9. Z-3612-B 10120 North Rodney Parham Drive A variance is requested from the sign regulations of Section 36-556 to allow an off -premise sign with a reduced front setback in the C-3 zoning. A variance is requested from the sign regulations of Section 36-556 to allow an off -premise billboard sign with a reduced distance from an existing billboard sign the C-3 zoning. 3 REGULAR Item Number: File Number: Address: 10. Z-9891-A 205 North Woodrow Street Appeal. 11. Z-9892-A 822 Monroe Street Appeal. MAY 16, 2024 ITEM NO.: A. Z-9915 File No.: Z-9915 Owner: Overdis and Peggy McKenzie Sr. Applicant: Overdis McKenzie Sr. Address: 9 Hatfield Drive Legal Description: Lots 63, 64, and part of Lot 49, all in 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 triangular lot, with approximately 215 feet of street frontage and a depth of 196 feet on the west and 260 feet on the southeast. The owner is concerned for the safety of his property and pets due to past experience of theft and vandalism. 1 MAY 16, 2024 ITEM NO.: A. (CON'T.) Z-9915 The house is constructed within the building setback lines of the property with a 40- foot utility easement along the southeast (rear) property line. The applicant is proposing to construct a black chainlink fence with decorative wood posts and top rail, five (5) feet in height. The posts are to be topped with solar -powered lights for security purposes. The sketch provided indicates that the fence will essentially enclose the yard area of the property. 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". 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 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 (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. 2 MAY 16, 2024 ITEM NO.: A. (CON'T.) Z-9915 Board of Adjustment (MAY 16, 2024) Staff recommends that the application be deferred to the June 20, 2024, agenda, as the applicant failed to send notices to surrounding property owners as required. There was no further discussion. The item remained on the consent agenda for deferral. The vote was 5 ayes, 0 nays and 0 absent. 3 MAY 16, 2024 ITEM NO.: B Z-9942 File No.: Z-9942 Owners: Biagioni Joint Revocable Trust Applicant: Chris Maris (Agent/Contractor) Address: 5913 N. Country Club Boulevard Legal Description: Lot 75 of Forest Heights Place, an 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 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. Buildinq Codes Comments: No Comments. D. Staff Analysis: The R-2 zoned property located at 5913 N. Country Club Boulevard is under construction for a two-story residential structure. The applicant states that the plan was approved for a proposed 14-foot by 31-foot open paved patio on the rear of the residence. The applicant now proposes to cover the patio area. 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 to allow the extension of the primary structure into the rear yard setback reducing the setback to no less than 14-feet. 1 MAY 16, 2024 ITEM NO.: B (CON'T.) Z-9942 Staff is supportive of the requested variances. Staff views the requests as reasonable. The reduction of the rear yard area for the covered patio 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 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. Board of Adjustment (MAY 16, 2024) The applicant was present. There were no objectors present. Staff presented the item as a recommendation for approval as outlined in the "Staff Recommendation" above. There was no further discussion. The item remained on the consent agenda for approval. A motion was made to approve the application. The motion was seconded. The vote was 5 ayes, 0 nays and 0 absent. 2 MAY 16, 2024 ITEM NO.: C Z-9946 File No.: Z-9946 Owners: Grant and Martha Jones Applicant: Damion Mitchell (Agent) Address: 13 Tanglewood Lane Legal Description: Lot 13 of Club Terrace 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)(2) to allow a reduced side yard setback in the R-2 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-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 MAY 16, 2024 ITEM NO.: C (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 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. Board of Adjustment (MAY 16, 2024) The applicant was present. There were no objectors present. Staff presented the item as a recommendation for approval as outlined in the "Staff Recommendation" above. There was no further discussion. The item remained on the consent agenda for approval. A motion was made to approve the application. The motion was seconded. The vote was 5 ayes, 0 nays and 0 absent. 2 MAY 16, 2024 ITEM NO.: 1 Z-9944 File No.: Z-9944 Owners: Roger R. Cole Applicant: Roger R. Cole Address: 9 Calais Court Legal Description: Lot 27, Block 9, Chenal Valley, Addition to the City of Little Rock 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 to allow a reduced rear yard setback in the R-2 district. Justification: The applicant's justification is presented on the attached 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-2 zoned property at 9 Calais Court is located within a predominantly residentially zoned Southwest Little Rock neighborhood. The subject property is located in the Chenal Valley subdivision south of Champagnelle Drive and north of Denny Road. The property is accessed from Calais Court and located at the south side of the street. The brick and frame home was constructed in 1995 and is surrounded by similar houses built in the same time period. A platted 10-foot easement is located between the rear building line and the adjacent south property lines. The applicant is proposing to build a replacement wood frame deck with 1 MAY 16, 2024 ITEM NO.: 1 (CON'T.) Z-9944 approximately seventy-five (75) percent enclosed to the back of their home. The sketch provided indicates that this addition will be placed on the south portion of the primary structure and extend 5-feet south and 32-feet from east to west along the south perimeter of the residence. The addition will cross the 25-foot rear setback line 3-feet but will not encroach into the 10-foot easement at the rear of the property. Section 36-254(d)(3) states "There shall be a rear yard setback having a depth of not less than twenty-five (25) feet. "The applicant requests a variance to allow the extension of the accessory structure into the rear yard setback. The survey and sketches provided by the applicant indicate that the addition to the primary structure will cross the 25-foot rear yard setback line 3-feet reducing the rear yard setback to 22-feet. In Staff s opinion, the existing conditions and the proposed addition will pose no negative effect upon the health, safety, or welfare of the public, and will not detract from the value or aesthetic of the neighborhood or surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested rear yard setback reduction from twenty-five (25) feet to a minimum of 22-feet as outlined in the above staff analysis and on the attached sketch. Board of Adjustment (MAY 16, 2024) The applicant was present. There were no objectors present. Staff presented the item as a recommendation for approval as outlined in the "Staff Recommendation" above. There was no further discussion. The item remained on the consent agenda for approval. A motion was made to approve the application. The motion was seconded. The vote was 5 ayes, 0 nays and 0 absent. 2 MAY 16, 2024 ITEM NO.: 2 Z-9960 File No.: Z-9960 Owners: MF Trust Applicant: Mauricio Moreno Address: 84 Hallen Court Legal Description: Lot 15, Block 96, Chenal Valley 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 the compliance regulations of Sec. 36-11 to allow the encroachment of structures into a utility easement. A variance is requested from the area provisions of Section 36- 156 to permit more than 30% coverage of the rear yard for an accessory structure. 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: The pool encroaches within the easement. It is a sewer utility main that crosses the back of the lot and Little Rock Water Reclamation Authority will not allow for the pool to be built within the easement. 1 MAY 16, 2024 ITEM NO. 2 (CON'T.) Z-9960 LRWRA cannot approve of the proposed structures as they appear to encroach upon the existing 10-inch sewer main easement. The existing main will need to be relocated or the proposed plans will need to be adjusted in order for LRWRA to grant approval. Contact the City of Little Rock Building Codes (501)371-4832 for additional details. D. Staff Analysis: The property at 84 Hallen Court is in a predominantly R-2 zoned neighborhood, within the Chenal Valley Addition to Little Rock. This district generally has no bearing on the subject variance requests. The subject property is centrally located on the north side of Hallen Court. Built in 2018 the existing 2-story frame home occupying the property has undergone minimal improvements or additions that are often typical of this neighborhood. The immediate neighboring properties are also populated with single family homes. The house faces south towards Hallen Court, and vehicular access is located at the south side of the home connecting to Hallen Court. The drive is located in this area and provides four off-street parking spaces adjacent to the public right-of-way. The north perimeter of the property is indicated to have an existing 10-foot utility sewer easement. The applicant is proposing a covered patio and a swimming pool addition. The patio structure is indicated to be approximately 10-feet x 14-feet in area and be located in the central northeast portion of the rear yard. The pool is indicated to be 12x38 feet and will be classified as an accessory structure. The pool is indicated to be located near the center of the rear yard will meet all setback requirements. However, the covered patio and pool structures will cross the existing 10-foot utility easement approximately 4-feet. Section 36-11 (f) states, "No building or structure as defined in this chapter shall be erected, converted, reconstructed or structurally altered that encroaches on, over or into any easement. This includes drainage, utility access or use easements within the boundary of any lot of record, platted or otherwise established. For purposes of fence placement within easements, fences shall not be construed to be a building or structure." Therefore, the applicant is requesting the encroachment of new patio and pool structures into a utility easement. Sec. 36-156(a)(2)f states, "Accessory buildings shall maintain at least a three-foot setback from any side or rear yard property line except where said rear yard abuts on a dedicated alley. Therefore, the applicant is requesting a variance to allow the 2 MAY 16, 2024 ITEM NO.: 2 (CON'T.) Z-9960 construction of the covered patio and in -ground swimming pool with a reduced rear yard setback and be constructed no more than 1-foot from the rear property line. Sec. 36-156(a)(2)(c) states, "Accessory buildings or structures in the R-1 through R-4A districts shall not be located closer than sixty (60) feet to the front property line, fifteen (15) feet from a street sideline and may not occupy more than thirty (30) percent of the required rear yard area..." Therefore, the applicant is requesting a variance to allow an additional accessory structure (swimming pool — Covered Patio) which will increase the rear yard coverage to a maximum of 32%. In Staffs opinion, the proposed accessory structures, poses no negative effect upon the health, safety, or welfare of the general public, and does not detract from the value or aesthetic of the neighborhood or surrounding properties. However, Staff finds the request to not be in conformance with the Cities ordinance pertaining to structures being constructed within an existing utility easement. Based on the above assessment and analysis, Staff finds the requested variances to be unreasonable. E. Staff Recommendation: Staff recommends denial of the requested variances as outlined in the above analysis. Board of Adjustment (MAY 16, 2024) Staff recommends that the application be deferred to the June 20, 2024, agenda, as the applicant failed to submit additional information to staff. There was no further discussion. The item remained on the consent agenda for deferral. The vote was 5 ayes, 0 nays and 0 absent. 3 MAY 16, 2024 ITEM NO.: 3 Z-9977 File No.: Z-9977 Owners: Edin Garza Applicant: Edin Garza Address: 3410 "1" Street Legal Description: Tract 1 the West 1/2 of the East 2/3 of Lots 7, 8, and 9, Block 6 East Pulaski Heights Addition, an Addition to the City of Little Rock, 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. 36-156 to allow an accessory structure to be located closer than sixty (60) feet to the front property line, and to allow the same accessory structure to be separated from the primary structure by less than 6-feet. Justification: The applicant's justification is presented as per the attached letter dated February 13, 2024. 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 property at 3410 "1" St is in a predominantly R-2 zoned neighborhood, within the Hillcrest Landscape Design Overlay District. This overlay district generally has no bearing on the subject variance requests. 1 MAY 16, 2024 ITEM NO.: 3 (CON'T.) Z-9977 The subject property is located on the north side of "I" Street, adjacent to an existing end of the street. A two-lane driveway attaches the street to an existing walkway into the residence. The applicant is proposing to construct a single -story covered accessory carport structure along the south perimeter of the existing residence, as noted on the attached site plan. The applicant has stated that the new construction will occupy 19- foot x 19-foot footprint on the south side of the house connecting to an existing paved two -car drive leading south to "I" Street. The new structure will be located approximately zero (0) feet back from the front property line and maintain a 3-foot side (west) setback and a 24-foot side setback to the east property line. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum 25-foot front building setback for R- 2 zoned lots. Section 36-254(d)(2) requires a minimum 6-feet 8-inch side setback. Therefore, the applicant is requesting variances from these ordinance requirements to allow the proposed covered carport addition with reduced front and west side setbacks. Staff is supportive of the requested setback variances. Staff views the request as reasonable. The proposed construction will have front and side yard setback relatable to the residence immediately to the east. Staff believes the proposed addition to the front of the house will have no adverse impact on the adjacent properties or the general area. E. Staff Recommendation: Staff recommends approval of the requested front yard setback reduction from 25- feet to a minimum of zero -feet and the reduction of the south side yard setback from 6-feet 8-inches to 3-feet as outlined in the staff analysis and indicated on the attached sketch, subject to the following conditions: 1. A building permit being obtained for all construction. Board of Adjustment (MAY 16, 2024) Edin Garza was present, representing the application. There was one (1) objector present. Staff presented the application with a recommendation of approval, with conditions. Edin Garza addressed the Board in support of the application. He explained the reasons for requesting the variances for the carport structure. John Steward, 924 Midland Street, addressed the Board with concerns. Mr. Steward noted that "I" Street was a narrow road with limited parking. He stated that the proposed structure would be very close to the street. Mr. Garza noted that during construction he would have 2 MAY 16, 2024 ITEM NO.: 3 (CON'T.) Z-9977 only one (1) vehicle on the site. He also stated that the proposed carport structure would be located approximately eighteen (18) feet back from the "I" Street edge of pavement. There was general discussion regarding the proposed carport structure and its proximity to "I" Street. After the discussion, there was a motion to approve the application as recommended by staff. The motion was seconded. The motion passed by a vote of 5 ayes, 0 nays and 0 absent. The application was approved. 3 MAY 16, 2024 ITEM NO.: 4 Z-9982 File No.: Z-9982 Owners: Kyly McMurray Applicant: Kyly McMurray Address: 10013 Charterhouse Road Legal Description: Lot 71, Colony West Fourth 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 the building line regulations of Sec. 31-12 to allow the encroachment of a structure across a platted building line. A variance is requested from the area provisions of Section 36- 254 to allow a residence with a reduced side yard setback. Justification: The applicant's justification is presented as per the attached letter dated March 18, 2024. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments B. Buffering and Landscape Comments: No Comments C. Building Codes Comments: No Comment, D. Staff Analysis: The R-2 zoned property located on a corner lot at 10013 Charterhouse Road and Queenspark Road is occupied by an existing one-story single-family residence. 1 MAY 16, 2024 ITEM NO.: 4 (CON'T.) Z-9982 The survey indicates a lot width of 105 feet along Charterhouse Road, and 105 feet along Queenspark Road, a width of 88 feet along the south property line and a depth of 105 feet along the west property line. The residence is set over 25-feet from the front (north) and rear (south) property lines As part of an improvement to the residence, the applicant wishes to construct a 576-square foot addition on the west side of the residence nine (9) feet into the west setback and approximately two (2) feet into the rear (south) yard setback. The other setbacks comply with required minimum setbacks in the R-2 zoning district. The addition would follow the roof line at the rear portion of the house. The addition would maintain the consistent and uniform roof line in the rear. The addition would also not require modifying any existing structural configurations to the existing dwelling. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side yard setback of 7.5 feet for the principal structure on this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the addition to be constructed with a reduced rear (south) yard setback of two (2) feet and a side (west) yard setback of nine (9) feet along the west side property line. 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." Therefore, the applicant is requesting a variance to allow a reduction of the 25-foot platted side building line to 16-foot and a reduction of the rear (south) setback line to 23-feet.. In Staffs opinion, the proposed building line set back, poses no negative effect upon the health, safety, or welfare of the general public, and does not detract from the value or aesthetic of the neighborhood or surrounding properties. In addition, Staff finds the request to generally be in conformance with the development pattern in the neighborhood. Based on the above assessment and analysis, Staff finds the requested variances to be reasonable. E. Staff Recommendation: Staff recommends approval of the requested variances as outlined in the above analysis. Staff recommends approval of the requested rear yard setback line reduction from 25-feet to a minimum of 16-feet to accommodate the new enclosed garage structure. Staff recommends approval of the requested side (west) yard setback from 25-feet to a minimum of 23-feet. 2 MAY 16, 2024 ITEM NO.: 4 (CON'T.) Z-9982 The Staff recommendations are subject to the above analysis, submitted survey / site plan sketch, and required to meet the following conditions: 1. A building permit being obtained for all construction. 2. Compliance with the Building Codes requirements as noted in paragraph C. of the Staff report. Board of Adjustment (MAY 16, 2024) Staff recommends that the application be deferred to the June 20, 2024, agenda at the request of the applicant. There was no further discussion. The item remained on the consent agenda for deferral. The vote was 5 ayes, 0 nays and 0 absent. 3 MAY 16, 2024 ITEM NO,: 5 Z-9989 File No.: Z-9989 Owners: Richard Griffiths Applicant: Jeremiah Russell, Rogue Architects Address: 11780 Rivercrest Drive Legal Description: Lot 1, Block 56, Walton Heights 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 the area regulations of Sec. 36- 254 to allow a reduced front yard and 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. Buildinq Codes Comments: No Comments. D. Staff Analysis: The property at 11780 Rivercrest Drive is in a predominantly R-2 zoned neighborhood, within the Walton Heights Subdivision. The subject property is centrally located on the north side of Rivercrest Drive. The parcel was originally developed with a one and 1/2-story masonry home in 1965. The applicant has stated that the new addition to the existing home will extend toward Rivercrest Drive to the south and will include a new one-story expansion of the living space and a new 2-car carport. The survey indicates the lot to be 200 feet in width and 200 feet in length. 1 MAY 16, 2024 ITEM NO. 5 (CON'T.) Z-9989 The applicant indicates that the addition will expand the existing south structure perimeter approximately 10-feet south into the setback. 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 requests variances to allow the extension of the primary structure into the front yard setback to no more than 510-feet reducing the front yard setback to 16-feet. In Staff s opinion, the proposed setback reductions will pose no negative effect upon the health, safety, or welfare of the public, and will not detract from the value or aesthetic of the neighborhood or surrounding properties. E. Staff Recommendatio Staff recommends approval of the requested front yard setback reduction from 25 feet to a minimum to 10-feet, per the attached site plan. Additionally, the variances are recommended for approval as per the submitted survey / site plan sketch and are subject to the following conditions: 1. A building permit being obtained for all construction. Board of Adjustment (MAY 16, 2024) Staff recommends that the application be deferred to the June 20, 2024, agenda, as the applicant failed to send notices to surrounding property owners as required. There was no further discussion. The item remained on the consent agenda for deferral. The vote was 5 ayes, 0 nays and 0 absent. 2 MAY 16, 2024 ITEM NO.: 6 Z-9990 File No.: Z-9990 Owners: Frank and Alix Michel Applicant: Stephen Eifling, Oasis Construction Address: 19 Haywood Court Legal Description: Lot 78, Block 136, Chenal Valley Addition 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 to allow a 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 Comment. D. Staff Analysis: The property at 19 Haywood Court is in a predominantly R-2 zoned neighborhood, within the Chenal Valley "Falstone Court" Subdivision. The existing 2-story frame home occupying the property is located on the south side of Haywood Court and was constructed in 2021 with an existing utility easement along the south perimeter of the property. The immediate neighboring properties are also populated with single family homes. The house faces west towards Haywood Court and vehicular access is located at the northeast corner of the home. An entrance drive is provided in this area and connects a two -car garage with the public right-of-way. The garage is located at the east side of the structure. 1 MAY 16, 2024 ITEM NO. 6 (CON'T.) Z-9990 The applicant is proposing a 12-ffot x 18-foot wood frame deck addition at the rear (south) side of the structure which extends to the southeast towards the existing utility easement. The deck addition connects to the primary residence and extends into the rear yard approximately 12-feet and into the rear yard setback approximately 5-feet. Section 36-254(d)(3) states "There shall be a rear yard setback having a depth of not less than twenty-five (25) feet. "The applicant requests a variance to allow the extension of the primary structure into the rear yard setback reducing the setback to no less than 20-feet. Staff finds the request to generally be in conformance with the development pattern in the neighborhood and nearby area. Based on the above assessment and analysis, staff finds the requested variance to be reasonable. E. Staff Recommendation: Staff recommends approval of the requested rear yard setback reduction from twenty-five (25) feet to a minimum of 20-feet, with the following conditions: 1. A building permit being obtained for all construction. Board of Adjustment (MAY 16, 2024) Staff recommends that the application be deferred to the June 20, 2024, agenda, as the applicant failed to submit additional information to staff. There was no further discussion. The item remained on the consent agenda for deferral. The vote was 5 ayes, 0 nays and 0 absent. 2 MAY 16, 2024 ITEM NO.: 7 Z-9991 File No.: Z-9991 Owner: Stuart and Brooke Hurst Applicant: Brandon Foiles, Crafton Tull Engineers Address: 3124 South Arch Street Legal Description: Lot 16R and 17R, Block 8, Ebendale Subdivision Addition to the City of Little Rock Current Zoning: R-4 Present Use: Single -Family Residence Proposed Use: Single -Family Residence Variance(s) Requested: A variance is requested from the area provisions of Section 36-254 to allow a residence with a reduced side yard setback. 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-4 zoned property located at 3124 South Arch Street is occupied by two (2) single -story residential structures. The property is located northwest of the South Arch Street and West 32"d Street intersection. The survey indicates an overall lot width of 100 feet and a depth of 140 feet. The existing North residential structures is set over 25 feet from the front (east) property line, 10-feet from the south property line, 10.27 feet from the north property line and over 25 feet from the rear (west) property line. The survey indicates that the existing residential structure on the south portion of the lot sets less than 25 feet from the front (east) property line, 10-feet from the south 1 MAY 16, 2024 ITEM NO. 7 (CON'T.) Z-9991 property line, 10.2 feet from the north property line and over 25 feet from the rear (west) property line. Section 36-256(d)(1) of the City's Zoning Ordinance requires a minimum 25-foot front building setback for R-4 zoned lots. Therefore, the applicant is requesting a variance from the ordinance requirements to allow the existing covered front porch to have a reduced front yard setback. The applicant is proposing to divide the property into two (2) individual lots with each lot approximately 50.30-feet in width and 140.89-feet in depth. The survey indicates that the existing south residential structure sits upon the new division property line. The location of the residence requires that the center property line be offset approximately 5-feet and the north central portion of the lots allowing a minimum setback of approximately 2-feet for the south residential structure. Section 36-256(d)(2) of the City's Zoning Ordinance requires a minimum side yard setback of five (5) feet for the principal structure on this R-4 zoned lot. Therefore, the applicant is requesting a variance to allow the existing garage attached to the principal structure to have a reduced side yard setback of not more than 2-feet. Staff is supportive of the requested side and front yard setback variances. Staff views the request as reasonable. The existing covered porch along the east side and the existing attached garage along the north side of the residence is allowed to have reduced side and front yard setbacks. Staff views the variance as very minor in nature and feels the reduced setbacks will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested side and front yard setback variances, subject to the descriptions and any conditions in the "staff analysis", and the following conditions: 1. A building permit being obtained for all construction. Board of Adjustment (MAY 16, 2024) Staff recommends that the application be deferred to the June 20, 2024, agenda, as the applicant failed to send notices to surrounding property owners as required. There was no further discussion. The item remained on the consent agenda for deferral. The vote was 5 ayes, 0 nays and 0 absent. 2 MAY 16, 2024 ITEM NO.: 8 Z-9992 File No.: Z-9992 Owner: James Hazlewood / Beth Berry Applicant: James Hazlewood Address: 500 Holly Street Legal Description: Lot 6 and the South Y2 of Lot 5, Block 5, PULASKI HEIGHTS ADDITION to 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: A variance is requested from the area provisions of Section 36-254 to allow a carport addition to the existing garage with a reduced side yard setback. 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: The required fire separation distance (building to property line) prescribed by the building code terminates at five feet. Buildings are allowed to be closer than five feet if they have properly constructed fire walls which provide the requisite one -hour fire resistance rating. When buildings are five feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three feet from the property line and are prohibited when the exterior wall is less than three feet from the line. There is no restriction on openings when the exterior wall is more than three feet from the property line. MAY 16, 2024 ITEM NO.: 8 (CON'T.) Z-9992 Contact the City of Little Rock Building Codes (501)371-4832 for additional details. D. ANALYSIS: The R-2 zoned property located at 500 Holly Street is occupied by a single-family residence. The survey indicates a lot width of 75 feet along the front (Holly Street/east) and rear (west), a width of 150 feet along the north and south (Lee Street) property lines. As part of the improvement to the residence, the applicant will construct a 16 feet by 22 feet carport over the driveway as an extension of the existing garage. The carport will maintain the existing offset, two (2) feet plus, from the north property line. All other setbacks comply with required minimum setbacks in the R-2 zoning district. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side yard setback of 7.5 feet for the principal structure on this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the addition to be constructed with a reduced side yard setback of two (2) feet along the east side property line. Staff is supportive of the requested side yard setback variance. Staff views the request as reasonable. The existing dwelling has a garage structure that is two (2) feet from the side (north) property line. The proposed carport addition would follow the same wall line as the existing garage and be two (2) feet from the property line. Staff views the variance as very minor in nature and feels the reduced side yard setback will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested side yard setback variance, subject to the descriptions and any conditions in the "staff analysis", and the following conditions: 1. A building permit being obtained for all construction. 2. Compliance with the Building Code requirements as noted in paragraph C. of the staff report. Board of Adjustment (MAY 16, 2024) The applicant was present. There were no objectors present. Staff presented the item as a recommendation for approval as outlined in the "Staff Recommendation" above. There was no further discussion. The item remained on the consent agenda for approval. The vote was 5 ayes, 0 nays and 0 absent. A motion was made and seconded to approve the application, subject to the "staff analysis" and the following conditions: 1. A building permit must be obtained prior to all construction at the site. 2. Compliance with the Building Code requirements as noted in paragraph "C" of the agenda staff report. 2 MAY 16, 2024 ITEM NO.: 9 Z-3612-B File No.: Z-3612-B Owners: Sherman Holdings Applicant: Jeff Yates - Agent Address: 10120 North Rodney Parham Road Legal Description: Track 2-A Colony West Commercial Subdivision, City of Little Rock Zoned: C-3 Present Use: Commercial Landscape Area Proposed Use: Commercial (Billboard) Sign Variance(s)Requested: The sign provisions of Sec. 36-256 to permit an Off -Premises Billboard sign within 1,000-feet of a neighboring sign. 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: Sherman properties is constructing a new stand-alone, vehicular -oriented billboard sign on the Commercial Use (C-3) zoned property at 10120 North Rodney Parham Road. The property consists of 0.81 acres and is located at the northeast corner of 10120 North Rodney Parham Road and Breckenridge Drive. The applicant is requesting an variance to allow the a new ground -mounted billboard sign to be erected along the west perimeter of the property adjacent to Breckenridge Drive. The proposed sign is proposed to be located within 1,000-feet of a neighboring sign located at 10195 North Rodney Parham Road. The proposed sign meets all code requirements and is indicated to be a digital double -sided 12-foot x 36'-foot structure and face east / west along N. Rodney Parham Road. 1 MAY 16, 2024 ITEM NO.: 9 (CON'T.) Z-3612-B The Zoning regulations Section 36-556 define an off -premise sign as follows: (a) Billboards shall only be allowed in C-3 and C-4 commercial zones, and 1-2 and 1-3 industrial zones, provided the sign meets the following criteria: (1) No portion of the billboard shall encroach within the following setback from the public right-of-way: C-3 zone -twenty-five (25) feet; C-4 zone -forty-five (45); 1-2 and 1-3 zones -fifty (50) feet. (2) The billboard shall not exceed the following maximum height: C-3 and C-4 zones -thirty-five (35) feet, 1-2 and 1-3 zones -forty-five (45) feet. Height shall be measured from the elevation of the centerline of the adjacent traffic lanes to the highest point of the billboard. (3) The billboard site shall be located within six hundred sixty (660) feet of an expressway or freeway or within three hundred )300) feet of any arterial designated by the master street plan. (4) No billboard site shall be located less than one thousand (1,000) feet from another billboard sit. The separation requirement shall be measured along the nearest edge of pavement between points directly opposite the signs, provided that only on streets separated by a median, each side of the street shall be considered separately for distance purposes. (5) No billboard shall be animated. The applicant stated in a cover letter dated March 18, 2024; "1. The sign proposed meets all other city ordinances and code requirements. The sole variance request is for the distance between this sign and the one that is almost, yet not quite, 1,000 feet away at 10195 Rodney Parham.:" Staff believes that the stated justification or hardship does not show the site to have a "unique" condition for which the variance will render relief from the regulations as stated. Staff does not support the request to have a twelve (12) foot high x (36) foot wide ground -mounted billboard sign at the corner of North Rodney Parham Road and Breckenridge Drive. Staff believes that the requested variance is not justified or appropriate for the site. E. Staff Recommendation: Staff recommend denial of the requested ground -mounted billboard sign variance. Board of Adjustment (MAY 16, 2024) Staff recommends that the application be withdrawn at the request of the applicant. There was no further discussion. The item remained on the consent agenda for withdrawal. The vote was 5 ayes, 0 nays and 0 absent. 2 MAY 16, 2024 ITEM NO.: 10 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. Buildinq 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." 1 MAY 16, 2024 ITEM NO.: 10 (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 staffs 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. Board of Adjustment (MAY 16, 2024) Staff recommends that the application be deferred to the June 20, 2024, agenda at the request of the applicant. There was no further discussion. The item remained on the consent agenda for deferral. The vote was 5 ayes, 0 nays and 0 absent. 2 MAY 16, 2024 ITEM NO.: 11 Z-9892-A 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 May 16, 2024 ITEM NO. 11 (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 staffs 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. Board of Adjustment (MAY 16, 2024) Staff recommends that the application be deferred to the June 20, 2024, agenda at the request of the applicant. There was no further discussion. The item remained on the consent agenda for deferral. The vote was 5 ayes, 0 nays and 0 absent. 2 BOARD OF ADJUSTMENT - VOTE RECORD DATE: May 16, 2024 Time: 4:OOPM Time In / Time Out In Out _ BERTRAM, JAMES ✓ GRINDER, AUSTIN ✓ RUSSELL, JEREMIAH _ ✓ HARKINS, JAMES ✓ ALLISON, FRANK ✓ Cnst Min Agenda Regular Agenda BERTRAM, JAMES'GRINDER, QQ---- --- AUSTIN ALLISON, FRANK %AYE XAYE A_ABSENT R RECUSE Meeting Adjourned 4:30 PM MAY 16, 2024 There being no further business before the Board, the meeting was adjourned at 4:30 p.m. Date: Chairman Secretary