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HomeMy WebLinkAboutboa_06 20 2024LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE JUNE 20, 2024 4:00 P.M. I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the May 16, 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 JUNE 20, 2024 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. II. Approval of the Minutes of the May 16, 2024 meeting of the Board of Adjustment Members Present: Austin Grinder —Vice Chair Richard Bertram James Harkins Jeremiah Russell Members Absent: Frank Allison - Chairman City Attorney Present: Cameron T. Bowden LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA JUNE 20, 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-9982 10013 Charterhouse Road A variance is requested from the area provisions of Section 36-254 to allow a reduced side yard setback in the R-2 zoning district. 3. Z-9989 11780 Rivercrest Drive A variance is requested from the area provisions of Section 36-254 to allow a reduced front yard setback in the R-2 zoning district. 4. Z-9990 19 Haywood Court A variance is requested from the area provisions of Section 36-254 to allow a reduced rear yard setback in the R-2 zoning district. 5. Z-9991 3124 S. Arch Street A variance is requested from the area provisions of Section 36-254 to allow a reduced side yard setback in the R-2 zoning district. 1 OLD BUSINESS (Con't.) Item Number: File Number: Address: 6. Z-9995 2906 N. Pierce Street A variance is requested from the area provisions of Section 36-255 to allow a reduced side yard setback in the R-3 zoning district. NEW BUSINESS Item Number: File Number: Address: 7. Z-5006-B 4820 Stonewall Road A variance is requested from the area provisions of Section 36-254 to allow a reduced rear yard setback in the R-2 zoning district. 8. Z-5836-B 3920 Woodland Heights Road A variance is requested from the area provisions of Section 36-280 to allow a reduced side yard setback in the 0-2 zoning district. 2 NEW BUSINESS (Con't.) Item Number: File Number: Address: 9. Z-9994 3819 Gordon Road A variance is requested from the area provisions of Section 36-254 to allow a reduced rear yard setback in the R-2 zoning district. 10. Z-10003 3401 W. 1711, Street A variance is requested from the area provisions of Section 36-255 to allow a reduced rear yard setback in the R-3 zoning district. 11. Z-10013 3403 W. 17h Street A variance is requested from the area provisions of Section 36-255 to allow a reduced rear yard setback in the R-3 zoning district. REGULAR Item Number: File Number: Address: 12. Z-9891-A 205 North Woodrow Street Appeal. 13. Z-9892-A 822 Monroe Street Appeal 3 JUNE 20, 2024 ITEM NO.: 1 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. 1 JUNE 20, 2024 ITEM NO.: 1 (CON'T.) Z-9915 The owner is concerned for the safety of his property and pets due to past experience of theft and vandalism. 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 JUNE 20, 2024 ITEM NO.: 1 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. Board of Adjustment (JUNE 20, 2024) The applicant was present. Staff presented the item and a recommendation for approval as outlined in the "staff recommendation" above. Overdis McKenzie, the applicant, addressed the Board in support of the application. Mr. McKenzie stated that he requested the fence variance for the safety and security for his property, vehicles and pets. The applicant deferred to the registered opposition. Brenda L. Spicer addressed the Board in opposition to the application. Ms. Spicer stated that her opposition concerned the fence in the rear of the property and not the fence in the front of the property. Board member, Jeremiah Russell, informed Ms. Spicer the applicant's variance request was for an increased fence height in the front portion of the property and not rear of the property. Ms. Spicer replied that she thought the variance request was for the "whole thing." She stated that she would file another complaint with the Department regarding her concerns about other issues. There was a motion to approve the application as outlined in the "staff recommendation" above. The motion was seconded. The vote was 4 ayes, 0 nays, and 1 absent. The application was approved. 3 JUNE 20, 2024 ITEM NO.: 2 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 JUNE 20, 2024 ITEM NO.: 2 (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. 3 J U N E 20, 2024 ITEM NO.: 2 (CON'T.) Z-9982 Staff recommends approval of the requested side (west) yard setback from 25-feet to a minimum of 23-feet. 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. Board of Adjustment (JUNE 20, 2024) The applicant was present. There were no registered objectors. Staff presented the item and a recommendation of 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 and seconded. The vote was 4 ayes, 0 nays and 1 absent. 2 JUNE 20, 2024 ITEM NO.: 3 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. Building 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. The applicant indicates that the 1 JUNE 20, 2024 ITEM NO.: 3 (CON'T.) Z-9989 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 Recommendation: 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. Board of Adjustment (JUNE 20, 2024) The applicant was present. There were no registered objectors. Staff presented the item and a recommendation of 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 and seconded. The vote was 4 ayes, 0 nays and 1 absent. 2 J U N E 20, 2024 ITEM NO.: 4 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 1 JUNE 20, 2024 ITEM NO.: 4 (CON'T) Z-9990 connects a two -car garage with the public right-of-way. The garage is located at the east side of the structure. 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. Board of Adjustment (JUNE 20, 2024) The applicant was not present. Staff informed the Board that the applicant failed to send notifications to surrounding property owners as required. Staff recommended the application be deferred to the July 18, 2024 agenda. The item remained on the consent agenda for deferral. The vote was 4 ayes, 0 nays, 1 absent. 2 J U N E 20, 2024 ITEM NO.: 5 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 36-256 to allow a reduced front yard setback in the R-4 zoning district. A variance is requested from the area provisions of Section 36-256 to allow a reduced side yard setback in the R-4 zoning district. 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. 1 JUNE 20, 2024 ITEM NO.: 5(CON'T.) Z-9991 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 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. Obtain a building permit prior to construction. 2 JUNE 20, 2024 ITEM NO.: 5 (CON'T) Z-9991 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. Board of Adjustment (JUNE 20, 2024) The applicant was not present. Staff informed the Board that the applicant failed to send notifications to surrounding property owners as required. Staff recommended the application be deferred to the July 18, 2024 agenda. The item remained on the consent agenda for deferral. The vote was 4 ayes, 0 nays, 1 absent. 3 J U N E 20, 2024 ITEM NO.: 6 Z-9995 File No.: Z-9995 Owners: Kay Kelley Arnold Trust Applicant: Kay Kelley Arnold Address: 2906 N. Pierce Legal Description: Lot 10 and the North 10 feet of Lot 9, Block 11, Park View 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 the area regulations of Sec. 36- 255 to allow a reduced side yard and in the R-3 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 property at 2906 N. Pierce Street is in a predominantly R-3 zoned neighborhood, within the Park View Subdivision. The subject property is centrally located on the west side of N. Pierce Street. The parcel was originally developed to contain a 1-story, combo brick and frame residence in 1950. 1 JUNE 20, 2024 ITEM NO.: 6 (CON'T.) Z-9995 The applicant is proposing to replace the existing, rotten deck in the side yard on the south side of the property with new decking, landscaping and an ADA ramp to the back door for wheelchair and walker access. The dimensions of the new deck will have the same footprint as the existing deck at 20.2 feet x 10.5 feet, located behind the existing fence along the south property line, and will not be visible from N. Pierce Street. Access to the ramp will be through the driveway extending from N. Pierce Street. The applicant notes that the new deck will have the same side yard setback as the existing deck of 0.5 feet from the south property line. 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 a reduced side yard setback in the R-3 zoning district from five (5) feet to 0.5 feet. In Staff s opinion, the proposed setback reduction will pose no negative effect upon the health, safety, or welfare of the public, and will not detract from the value or aesthetics of the surrounding properties in the general area. E. Staff Recommendation: Staff recommends approval of the requested side yard setback reduction from five (5) feet to a minimum of 0.5 feet as per the submitted survey / site plan sketch, subject to the following condition: 1. Obtain a building permit prior to construction. Board of Adjustment (JUNE 20, 2024) The applicant was present. There were no registered objectors. Staff presented the item and a recommendation of 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 and seconded. The vote was 4 ayes, 0 nays and 1 absent. 2 J U N E 20, 2024 ITEM NO.: 7 Z-5006-B File No.: Z-5006-B Owners: Rush F. Harding, IV & Rachel Parker Harding Applicant: Mark Caruthers (Agent) Address: 4820 Stonewall Road Legal Description: Lot 10 and 11, Country Club Heights, Little Rock, Pulaski County 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 Section 36-254 to allow a reduced rear yard and 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 received. B. Buffering and Landscape Comments: No comments received. C. Building Codes Comments: No comments received. D. Staff Analysis: The property at 4820 Stonewall Road is in a predominantly R-2 zoned neighborhood, within the Country Club Heights Subdivision. The property is located within the Hights Landscape Overlay District which generally has no bearing regarding the variance request. The subject property is located on the northwest corner of the terminus of Stonewall Road. The previous residence has been razed and currently, the property is grass 1 JUNE 20, 2024 ITEM NO.: 7 (CON7.) Z-5006-B covered and undeveloped. A paved dedicated alley extends from the southeast corner of the property and extends north, ending at Country Club Road. The site plan shows a 1-story, single-family residence to be constructed on Lot 10 and Lot 11. The proposed architecture of the residence and facade will be similar in nature to the surrounding properties. The property poses significant boundary issues with regards to Stonewall Road and the alley way to the east, thus greatly reducing the allowable footprint of the proposed residence despite the allowable footprint of the home sitting on two (2) lots. Access to the property will be from Stonewall Road to the north, and the alley way to the east. The site plan shows a front setback over thirty (30) feet from the front (south) property line, over twenty-two (22) feet from the east property line, ranges from eight (8) feet to twelve (12) feet from side (west) property line and 14.1 feet from the rear (north) property line. Section 36-254(d)(3) states, "There shall be a rear yard setback having a depth of not less than twenty-five (25). In the case of a corner lot, however, when providing a twenty -five-foot exterior side yard, the rear yard may be reduced to not less than eight (8) feet." Therefore, the applicant is requesting a variance to allow a reduced rear yard setback from twenty-five (25) feet to 14.1 feet. Staff is supportive of the requested variance. Staff feels the request is reasonable and will not have an adverse impact upon the life, health, safety, or welfare of the public, or the surrounding properties in the general area. E. Staff Recommendation: Staff recommends approval of the requested rear yard setback to be reduced from twenty-five (25) feet to not less than 14.1 feet, as outlined in the staff analysis, and per the submitted survey/site plan sketch, subject to the following conditions: 1. Obtain a building permit prior to construction. 2. The proposed retaining wall shall be designed by a licensed professional and be permitted and inspected by the Department of Planning and Development via a building permit per City Code Section 8-31(c)(1)(n), 2021 Arkansas Fire Prevention Code Vol. II Building Chapter 1 Section 105.2, and 2021 Arkansas Fire Prevention Code Vol. III — Residential Chapter 4 —Section R404.1.1 2 JUNE 20, 2024 ITEM NO.: 7 (CON'T.) Z-5006-B Board of Adjustment (JUNE 20, 2024) The applicant was present. There were no registered objectors. Staff presented the item and a recommendation of 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 and seconded. The vote was 4 ayes, 0 nays and 1 absent. 2 JUNE 20, 2024 ITEM NO.: 8 Z-5836-B File No.: Z-5836-B Owners: Easterseals Arkansas Applicant: Development Consultants, Inc. (Agent) Address: 3920 Woodland Heights Road Legal Description: SEE SURVEY Zoned: O-2 Present Use: Office and Institutional District Proposed Use: Office and Institutional District Variance(s) Requested: A variance is requested from the area regulations of Sec. 36- 280 to allow a reduced side yard and in the 0-2 district. Justification: The applicant's justification is presented as per the attached letter. STAFF REPORT A. Planning and Development Civil Engineering Comments: No comments received. B. Buffering and Landscape Comments: No comments received. C. Building Codes Comments: No comments received D. Staff Analysis: The property at 3920 Woodland Heights Road is zoned 0-2 Office and Institutional District, with POD, 0-3, R-2 zoning adjacent to the property. The applicant is proposing to construct a new, approximately 2,600 square foot building addition on the west side of their property. The proposed structure is an addition and will be located north of an existing structure. The existing structure has a side yard setback of 6.1 feet. The applicant's proposal will bring the proposed addition more in -line with the existing structure on the site. 1 J U N E 20, 2024 ITEM NO.: 8 (CON'T) Z-5836-B Section 36-280(e)(1) states, "The front, side, and rear yard setbacks shall not be less than twenty-five (25) feet." "Therefore, the applicant is requesting a variance to allow a reduced side yard setback in the 0-2 zoning district from twenty-five (25) feet to fourteen (14) feet. A setback reduction of eleven (11) feet." In Staff s opinion, the proposed setback reduction will pose no negative effect upon the health, safety, or welfare of the public, and will not detract from the value or aesthetics of the surrounding properties in the general area. E. Staff Recommendation: Staff recommends approval of the requested side yard setback reduction from twenty-five (25) feet to a minimum to fourteen (14) feet, as per the submitted survey / site plan sketch, subject to the following condition: 1. Obtain a building permit prior to construction. Board of Adjustment (JUNE 20, 2024) The applicant was present. There were no registered objectors. Staff presented the item and a recommendation of 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 and seconded. The vote was 4 ayes, 0 nays and 1 absent. 2 JUNE 20, 2024 ITEM NO.: 9 Z-9994 File No.: Z-9994 Owners: Randy Wright Builders, LLC Applicant: Randy Wright Address: 3819 Gordon Road Legal Description: Lot 5, Block 1, Bear Den Estates, 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 Section 36-254 to allow a reduced rear yard and 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 received. B. Buffering and Landscape Comments: No comments received. C. Building Codes Comments: No comments received. D. Staff Analysis: The property at 3819 Gordon Road is in a predominantly R-2 zoned neighborhood within the Bear Den Estates Subdivision. The subject property is located on the northeast corner of Gordon Road and Bear Valley Circle. 1 JUNE 20, 2024 ITEM NO.: 9 (CON'T.) Z-9994 The site plan shows an existing 2-story, single-family residence recently constructed on the property. The house faces south towards Gordon Road. A concrete driveway extends from Gordon Road leading to the garage located at the southwest corner of the home. The rear of the house contains an uncovered patio approximately sixty-one (61) feet wide and 26.8 feet deep. The applicant proposes to cover most of the patio from west to east. Only the remaining northwestern corner of the patio will remain uncovered. Section 36-254(d)(3) states, "There shall be a rear yard setback having a depth of not less than twenty-five (25). In the case of a corner lot, however, when providing a twenty -five-foot exterior side yard, the rear yard may be reduced to not less than eight (8) feet." Therefore, the applicant is requesting a variance to allow the patio to encroach into the rear yard setback at the northeast corner of the house by five (5) feet. Staff is supportive of the requested variance and feels the request is reasonable. The applicant notes there is a total green space located at the rear of the property, and provided the following statement: "There is a total green space behind the area owned by the developer of Bear Den Estates. The developer has provided his approval, along with several of the owners on each side. Signatures will be made available upon request." Staff finds the variance request to be reasonable. Staff feels the requested variance will not have an adverse effect on the surrounding properties in the general area. The patio is located in the rear of the property. Staff feels the covered patio should not be intrusive or unsightly if viewed from Gordon Road. E. Staff Recommendation: Staff recommends approval of the requested of the requested variance, as outlined in the staff analysis, and per the submitted survey/site plan, subject to the following condition: 1. Obtain a building permit prior to construction. Board of Adjustment (JUNE 20, 2024) The applicant was present. There were no registered objectors. Staff presented the item and a recommendation of 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 and seconded. The vote was 4 ayes, 0 nays and 1 absent. 2 J U N E 20, 2024 ITEM NO.: 10 Z-10003 File No.: Z-10003 Owners: Greenlaw Maintenance, LLC Applicant: Dietrick Greenlaw Address: 3401 W. 1711, Street Legal Description: Lot 6, Block 1, South Highland 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 the area regulations of Section 36-255 to allow a reduced rear yard setback in the R-3 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 received. B. Buffering and Landscape Comments: No comments received. C. Building Codes Comments: No comments received. D. Staff Analysis: The property at 3401 W. 171, Street is located in a predominantly R-3 zoned neighborhood within the South Highland Addition to City of Little Rock. The subject property is located on the southeast corner of W. 17w Street and S. Martin Street. The property is currently undeveloped. 1 JUNE 20, 2024 ITEM NO.: 10 (CON') Z-10003 The applicant proposes to construct a 1-story, wood -framed, single-family dwelling on the site. The residence will contain three (3) bedrooms and two (2) bathrooms, a dining room, great room, a kitchen and pantry. The applicant is not proposing any accessory structures in the rear of the property at this time. The maximum height of the residence will not exceed thirty-five (35) feet in height. Access will be provided from a concrete driveway extending from W. 171h Street located at the northwest corner of the property. The proposed residence will be setback twenty-five (25) feet from the front property line, four (4) feet from the side (east) property line, four (4) feet from the west property line and sixteen (16) feet from the rear (south) property line. Section 36-255(d)(3) states, "There shall be a rear yard setback having a depth of not less than twenty-five (25) feet. In the case of a corner lot, however, when providing a twenty -five-foot exterior side yard, the rear yard may be reduced to not less than eight (8) feet." Therefore, the applicant is requesting a variance to allow the rear yard setback to be reduced from twenty-five (25) feet to not less than sixteen (16) feet. Staff is supportive of the variance request. Staff feels the request to be reasonable as most of the residential lots in the general area are undeveloped. Staff feels the development of single-family residences in the area will be beneficial in this portion of the City as it will continue to provide diverse and affordable housing in the area. Staff feels the requested variance will not have an adverse effect on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested variance, as outlined in the staff analysis, and per the submitted survey/site plan, subject to the following condition: 1. Obtain a building permit prior to construction. Board of Adjustment (JUNE 20, 2024) The applicant was present. There were no registered objectors. Staff presented the item and a recommendation of 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 and seconded. The vote was 4 ayes, 0 nays and 1 absent. N JUNE 20, 2024 ITEM NO.: 11 Z-10013 File No.: Z-10013 Owners: Greenlaw Maintenance, LLC Applicant: Dietrick Greenlaw Address: 3403 W. 171h Street Legal Description: Lot 5, Block 1, South Highland 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 the area regulations of Section 36-255 to allow a reduced rear yard setback in the R-3 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 received. B. Buffering and Landscape Comments: No comments received. C. Building Codes Comments: No comments received. D. Staff Analysis_ The property at 3403 W. 171h Street and is located in a predominantly R-3 zoned neighborhood within the South Highland Addition to City of Little Rock. The subject property is located on the southwest corner of W. 171, Street and S. Martin Street. The property is currently undeveloped. 1 JUNE 20, 2024 ITEM NO.: 11 (CON'T.) Z-10013 The applicant proposes to construct a 1-story, wood -framed, single-family dwelling on the site. The residence will contain three (3) bedrooms and two (2) bathrooms, a dining room, great room, a kitchen and pantry. The applicant is not proposing any accessory structures in the rear of the property at this time. The maximum height of the residence will not exceed thirty-five (35) feet in height. Access will be provided from a concrete driveway extending from W. 171, Street located near the northeast corner of the property. The proposed residence will be setback twenty-five (25) feet from the front property line, four (4) feet from the side (east) property line, four (4) feet from the west property line and sixteen (16) feet from the rear (south) property line. Section 36-255(d)(3) states, "There shall be a rear yard setback having a depth of not less than twenty-five (25) feet. In the case of a corner lot, however, when providing a twenty -five-foot exterior side yard, the rear yard may be reduced to not less than eight (8) feet." Therefore, the applicant is requesting a variance to allow the rear yard setback to be reduced from twenty-five (25) feet to not less than sixteen (16) feet. Staff is supportive of the variance request. Staff feels the request to be reasonable as most of the residential lots in the general area are undeveloped. Staff feels the development of single-family residences in the area will be beneficial in this portion of the City as it will continue to provide diverse and affordable housing in the area. Staff feels the requested variance will not have an adverse effect on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested variance, as outlined in the staff analysis, and per the submitted survey/site plan, subject to the following condition: 1. Obtain a building permit prior to construction. Board of Adjustment (JUNE 20, 2024) The applicant was present. There were no registered objectors. Staff presented the item and a recommendation of 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 and seconded. The vote was 4 ayes, 0 nays and 1 absent. 2 J U N E 20, 2024 ITEM NO.: 12 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 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 JUNE 20, 2024 ITEM NO.: 12 (CONT.) 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 staff's 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 staff's administrative decision that the SUP application cannot be filed is appropriate based on the zoning code and the Planning Commission bylaws. Board of Adjustment (JUNE 20, 2024) The applicant was present. There were seven (7) persons registered in opposition. Staff presented the item and a recommendation of denial as noted by Staff. Cameron T. Bowden, Deputy City Attorney, addressed the Board to establish guidelines for discussion regarding group homes and ADA criteria. Attorney David Parker was present, representing the application. Mr. Parker addressed the Board to discuss Staff's determination between the terms "substantial"and "identical." Mr. Parker referenced a letter submitted to Staff, however, Staff noted there was no record of the letter on file. Mr. Paker offered to read the letter. 2 JUNE 20, 2024 ITEM NO.: 12 (CONT.) Z-9891-A Sherri Lattimer, Deputy City Attorney discussed the difficulty of the reading because one (1) Board member's attendance was virtual. She noted the possibility of oversight on the applicants and/or Staff part regarding the letter. She stated if the oversight was by Staff, the City would pay for notices, if required. There was a brief discussion about the correspondence and Staff not having a record of it on file. Mr. Parker stated that the correspondence will be provided to Staff following the meeting. Mr. Parker discussed the matter with his client. It was decided to defer the item to the July 18, 2024 meeting. There was a motion to defer the item to the July 18, 2024 meeting and seconded. There was no further discussion. The vote was 4 ayes, 0 nays and 1 absent. 2 JUNE 20, 2024 ITEM NO.: 13 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 JUNE 2012024 ITEM NO.: 13 (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 staff's administrative decision that the SUP application cannot be filed is appropriate based on the zoning code and the Planning Commission bylaws. Board of Adjustment (JUNE 20, 2024) The applicant was present. There were seven (7) persons registered in opposition. Staff presented the item and a recommendation of denial as noted by Staff. Cameron T. Bowden, Deputy City Attorney, addressed the Board to establish guidelines for discussion regarding group homes and ADA criteria. Attorney David Parker was present, representing the application. Mr. Parker addressed the Board to discuss Staff's determination between the terms "substantial" and "identical." Mr. Parker referenced a letter submitted to Staff, however, Staff noted there was no record of the letter on file. Mr. Paker offered to read the letter. 2 J U N E 20, 2024 ITEM NO.: 13 (CONT.) Z-9891-A Sherri Lattimer, Deputy City Attorney discussed the difficulty of the reading because one (1) Board member's attendance was virtual. She noted the possibility of oversight on the applicants and/or Staff part regarding the letter. She stated if the oversight was by Staff, the City would pay for notices, if required. There was a brief discussion about the correspondence and Staff not having a record of it on file. Mr. Parker stated that the correspondence will be provided to Staff following the meeting. Mr. Parker discussed the matter with his client. It was decided to defer the item to the July 18, 2024 meeting. There was a motion to defer the item to the July 18, 2024 meeting and seconded. There was no further discussion. The vote was 4 ayes, 0 nays and 1 absent. 2 JUNE 20, 2024 There being no further business before the Board, the meeting was adjourned at 4:49 p.m. Date: Chairman Secretary