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HomeMy WebLinkAboutboa_07 18 2024LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE JULY 18, 2024 4:00 P.M. I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the June 20, 2024 meeting of the Board of Adjustment Ill. Presentation of Consent Agenda IV. Presentation of Hearing Items LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES JULY 18, 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 June 20, 2024 meeting of the Board of Adjustment Members Present: Frank Allison - Chairman Richard Bertram James Harkins Jeremiah Russell Austin Grinder - Vice Chair Members Absent: City Attorney Present: Cameron Bowden LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA J U LY 18, 2024 4:00 P.M. OLD BUSINESS: Item Number: File Number: Address: 1. 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. 2. Z-9991 3224 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. 3. Z-9891-A 205 North Woodrow Street Appeal. 4. Z-9892-A 822 Monroe Street Appeal. NEW BUSINESS Item Number: File Number: Address: 5. Z-10006 4824 Hillcrest Avenue A variance is requested from the fence provisions of Section 36- 516 to allow a fence which exceeds the maximum height allowed. 1 Item Number: File Number: Address: 6. Z-10026 4525 Stonewall Road A variance is requested from the area provisions of Section 36-156 to allow an accessory structure with a reduced rear setback. 7. Z-10027 5607 Country Club Blvd. Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a new residence with reduced front and rear setbacks and which crosses a platted front building line. 8. Z-9827-A 5131 Cantrell Road Appeal 2 JULY 18, 2024 ITEM NO.: 1 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 JULY 18, 2024 ITEM NO.: 1 (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 JULY 18, 2024 ITEM NO.: 1 (CON'T.) Z-9990 Board of Adjustment (JULY 18, 2024) The applicant was not present. Staff recommended the application be deferred to the August 15, 2024, agenda for failure to send the required notification to surrounding property owners as per the staff report. The item was deferred and by staff. 3 JULY 18, 2024 ITEM NO.: 2 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. Plannina and Development Civil Enaineerina Comments: No comments required. B. Landscape and Buffer Comments: No comments. C. Building Codes Comments: No comments required. 1 JULY 18, 2024 ITEM NO.: 2 (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 32nd 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 JULY 18, 2024 ITEM NO.: 2 (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. Board of Adjustment (JULY 18, 2024) The applicant was not present. Staff recommended the application be withdrawn at the request of the property owner. The item was withdrawn by staff. 3 JULY 18, 2024 ITEM NO.: 3 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. BuildingCodes.- 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 JULY 18, 2024 ITEM NO.: 3 (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 JULY 18, 2024 ITEM NO.: 3 (CON'T.) 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. Board of Adjustment (J U LY 18, 2024) David Parker was present, representing the application appeal. There were four (4) objectors present. Staff presented the application for appeal. David Parker addressed the Commission in support of the application. He briefly described the project, noting that his client had requested to have more than four (4) residents and that the original SUP application was for two (2) different locations. He further stated the property had been in operation for three (3) years and that the original application had been modified as recommended by the Planning Staff with a lower number of residents and parking added to the property. Jay Wills addressed the Commission. He stated that he lived at 128 North Woodrow and that he opposed the application and that a single-family home should not be allowed to be utilized as a dormitory type occupancy. Elana Wills addressed the Commission. She stated that he lived at 128 North Woodrow. She stated the Little Rock Planning code did not include a definition of "substantial change" and that the attorney representing the property owner was referring to court cases related to the IRS and tax codes. She further stated that the occupancy of the property has not changed and that simply moving the parking from the street on to the property did not solve the problem as stated by Mr. Parker. Daniel Bryant addressed the commission. He stated that he lived at 209 North Woodrow and that he was opposed to the current use of the property as a dormitory. Michelle Shaw addressed the commission. She stated she was in the process of purchasing the property at 129 North Woodrow and that she was opposed to the current use of the property. She further stated that because of the current use she would be withdrawing her offer to purchase the property. 3 JULY 18, 2024 ITEM NO.: 3 (CONT.) Z-9891-A There was a discussion by the PC with Mr. Parker regarding the differences in the original application and the second one under appeal, how parking was addressed on the property. David Parker addressed the commission. He stated that his client did make "substantial Changes" in the application which did not provide a terminological definition of how large or small the change should be and is currently operating the property and would consider litigation based on the outcome of the hearing. There was a motion to approve the appeal as stated. The motion passed by a vote of 4 ayes, 0 nays, 0 absent, 1 Abstain. 4 JULY 18, 2024 ITEM NO.: 4 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 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 JULY 18, 2024 ITEM NO.: 4 (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 JULY 18, 2024 ITEM NO.: 4 (CON'T.) Z-9892-A Sherri Lattimer, Deputy City Attorney discussed the difficulty of the reading because one (1) Board members 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. Board of Adjustment (JULY 18, 2024) The applicant was not present. Staff recommended the application be withdrawn at the request of the property owner. The item was withdrawn by staff. 3 JULY 18, 2024 ITEM NO.: 5 Z-10006 File No.: Z-10006 Owner: Thomas W. Ferstl Living Trust Applicant: Michael A. Darr Address: 4824 Hillcrest Avenue Legal Description: Part of Lots 6 & 7, Block 5, Hillcrest Addition Current Zoning: R-2 Present Use: Single -Family Residential Proposed Use: Single -Family Residential Variance(s) Requested: A variance is requested from the fence provisions of Section 36-516 to allow a fence which exceeds the maximum height allowed. Justification: The applicant's justification is presented in an attached letter. STAFF REPORT: A. Planning and Development Civil Engineering Comments: No comments received. B. Landscape and Buffer Comments: No comments. C. Building Codes Comments: No comments received. D. Analysis: The R-2 zoned property located at 4824 Hillcrest Avenue is occupied by a two- story frame single family residence. The property is located at the northeast corner of Hillcrest Avenue and Monroe Street. A small carport structure is located at the northeast corner of the property. An alley right-of-way is located along the east property line. 1 JULY 18, 2024 ITEM NO.: 5 (CON'T.) Z-10006 The applicant proposes to construct a fence within the front yard area, between Monroe Street and the residence, as noted on the attached site plan. The proposed fence along the north property line, beginning at the northwest corner of the site, will be a 6 foot — 11 inch solid wood fence. The proposed fence along the front (west) property line, which will tie into the southwest corner of the residence, will be a 4 foot — 6 inch solid wood fence with a 1 foot — 6 inch tall decorative top. There will be a driveway at the northwest corner of the property which will have a 6 foot high ornamental iron gate. Section 36-516 (e) (1) a. of the City's Zoning Ordinance is as follows: "(a) 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 from this section to allow the fence between the front building setback and the Monroe Street right-of-way to be taller than four (4) 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 fence height variance, subject to a building permit being obtained prior to any construction. Board of Adjustment (JULY 18, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the fence height variance be approved as per staff report. There was a consent motion to approved the application. The motion was seconded. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent. 2 JULY 18, 2024 ITEM NO.: 6 Z-10026 File No.: Z-10026 Owner: Lucas and Megan Hargraves Applicant: Yeary Lindsey Architects Address: 4525 Stonewall Road Legal Description: The North 65 feet of Lot 22, 23 and 25, Block 2, Country Club Heights Addition Current Zoning: R-2 Present Use: Single -Family Residential Proposed Use: Single -Family Residential Variance(s) Requested: Variances are requested from the area provisions of Section 36-156 to allow an accessory structure with reduced front and side setbacks. Justification: The applicant's justification is presented in an attached letter. STAFF REPORT: A. Planning and Development Civil Engineering Comments: No comments received. B. Landscape and Buffer Comments: No comments. C. Building Codes Comments: No comments received. D. Analysis The R-2 zoned property located at 4525 Stonewall Road is occupied by a one-story brick single family residence. The property is located at the southeast corner of Stonewall Road and Beechwood Street. A one -car wide driveway is located at the northeast corner of the lot. The property is comprised of the North 1 JULY 18, 2024 ITEM NO.: 6 (CON'T.) Z-10026 65 feet of Lots 22, 23 and 25, Block 2, County Club Heights Addition. The lots were originally platted front -to -back running north -to -south, with the north property line being the front property line. The applicant proposes to construct a new open carport structure, with a small area of enclosed storage, at the southeast corner of the property, as noted on the attached site plan. The overall structure will be 30 feet — 6 inches by 24 feet in area, with a one-story height. The proposed accessory structure will be located 31 feet — 6 inches from the front (north) property line, three (3) feet from the rear (south) property line and two (2) feet from the east side property line. As part of the project, the driveway will be widened to 24 feet, with a four (4) foot high mechanical gate. Section 156 (a) (2) c. of the City's Zoning Ordinance requires a minimum front setback of 60 feet for accessory structures in the R-2 zoning district. Section 36-156 (a) (2) f. requires a minimum side setback of three (3) feet. Therefore, the applicant is requesting variances to allow the proposed accessory structure with a reduced front setback of 31 feet — 6 inches and a reduced side setback of two (2) feet. Staff is supportive of the requested variances. 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 setback variances for the proposed accessory building, subject to a building permit being obtained prior to any construction. Board of Adjustment (JULY 18, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the accessory building setback variance be approved as per staff report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent. 2 JULY 18, 2024 ITEM NO.: 7 Z-10027 File No.: Z-10027 Owner: James and Brandy Wood Applicant: Thomas Pownall Address: 5607 Country Club Blvd. Legal Description: Lot 95, Forest Heights Place Addition Current Zoning: R-2 Present Use: Single -Family Residential Proposed Use: Single -Family Residential Variance(s) Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a new residence with reduced front and rear setbacks and which crosses a platted front building line. Justification: The applicant's justification is presented in an attached letter. STAFF REPORT: A. Planning and Development Civil Engineering Comments: No comments received. B. Landscape and Buffer Comments: No comments. C. Building Codes Comments: No comments received. D. Analysis: The R-2 zoned property located at 5607 Country Club Blvd. is occupied by a two-story frame single family residence. The property is located at the southeast corner of Country Club Blvd. and Forest Heights Drive. The lot has a 25 foot front 1 JULY 18, 2024 ITEM NO.: 7 (CON'T) Z-10027 platted building line along the north property line, which follows the curvature of the lot, transitioning to a 7.5 foot side platted building line along the west property line. The existing house crosses the front platted building line at the northwest corner of the structure. The applicant proposes to remove the existing residence from the site and construct a new residence, as noted on the attached site plan. The proposed structure will have a height of two (2) stories, and will cross the front platted building line in the same manner as the existing house. The proposed house will maintain the 7.5 foot setback from the west side property line and will be located seven (7) feet from the east side property line. The residence is proposed to be located approximately seven (7) feet from the rear (south) property line. Section 31-12 (b) of the City's Subdivision Ordinance requires that proposed encroachments across platted building lines be reviewed by the Board of Adjustment. Sections 35-254 (d) (1) and (3) of the Zoning Ordinance requires minimum front and rear setbacks of 25 feet. Therefore, the applicant is requesting variances from these ordinance standards to allow the new residence with reduced front and rear setbacks and to cross a front platted building line. 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 setback and building line variances, subject to a building permit being obtained prior to any construction. Board of Adjustment (JULY 18, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the setback and building line variance be approved as per staff report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 5 ayes, 0 nays, 0 absent. 2 JULY 18, 2024 ITEM NO.: 8 Z-9827-A File No.: Z-9827-A Owner: Mindful Properties, LLC Applicant: Thomas H. Wyatt Address: 5131 Cantrell Road Legal Description: Lot 11, Block 3, McGehee Current Zoning: R-2 Variance(s) Requested: An appeal of staff decision. Justification: The applicant's appeal is presented in the attached letter dated June 10, 2024. STAFF REPORT: In July 2023 the applicant filed a rezoning application for the property at 5131 Cantrell Road. The proposal was to rezone the property from R-2 to PD-C to allow the existing single family residence to be used as a Short -Term Rental-2. The Planning Commission approved the PD-C rezoning request at its December 14, 2023 meeting. The City's Board of Directors denied the application on May 6, 2024. On June 4, 2024, the applicant attempted to file another application to rezone the property from R-2 to PD-C to use the existing single family residence as a Short -Term Rental-2. Staff rejected the filing of the application, as Staff determined that the application was substantially identical to the first application. Staff issued a letter to the applicant on June 4, 2024 which contained the following information: "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 Board of Directors at their May 06, 2024, meeting. The proposal to change the zoning and use the property as a Short -Term Rental (STR-2) is not a substantial change in the original application which was denied. Therefore, your application for the STR-2 at 5131 Cantrell Road has been denied based on the following provisions in the City of Little Rock Code of Ordinances: 1 J U LY 18, 2024 ITEM NO.: 8 (CON'T.) Z-9827-A Sec. 36-83. - Guidelines for decision. In determining whether to grant a requested amendment, the board of directors may consider, among other things, the recommendations from the planning commission and the designated department of the city having planning responsibility and authority and use the provisions of the comprehensive plan, master street plan, master parks plan, and community facilities plan, as well as any other appropriately approved document created to provide the required public facilities necessary to protect the public interest. The planning commission shall consider, but shall not be bound by, the lawful provisions of a valid bill of assurance for the subdivision within which the subject property is located when determining the appropriateness of the proposed special use. No identical or substantially identical application for the redistricting of a specific parcel or parcels of land which has been denied by the board of directors may be made for a period of one (I) year" On June 12, 2024 the applicant filed an appeal of staffs determination in not accepting the application. The letter of appeal from Thomas H. Wyatt is attached. In his letter, Mr. Wyatt outlines several changes made from the first application to the second application. In staffs opinion the vast majority of the changes outlined in Mr. Wyatt's letter are not issues that staff considers nor are they required in reviewing an STR-2 application. Staff contends that the second application that the applicant tried to file was for an STR-2 use, which is identical to the use proposed in the first application which was denied by the Board of Directors. The Board of Adjustment is asked to determine if staffs administrative decision that the PD-C application cannot be filed is appropriate based on the zoning code. Board of Adjustment (JULY 18, 2024) The applicant was present. Thomas Wyatt addressed the commission representing the application. He requested that the item deferred to the August 15, 2024 hearing agenda. 2 BOARD OF ADJUSTMENT - VOTE RECORD GATE: JULY 18, 2024 Time: 4:00PM Time In / Time Out In Out ALLISON, FRANK + BERTRAM, JAMES ✓ GRINDER, AUSTIN A ✓ RUSSELL, JEREMIAH HARKINS, JAMES ✓ Min Cnst l4a4nria ItP.Lyular Aeenrla ITEM & YOTE Item Number_ 8 3 ✓ ■T ALLISON, FRANK ✓ ►r BE RTRAM, JAM ES • ✓ GRINDER, AUSTIN _ A A RUSSELL, JEREMIAH_ vr d ✓ ✓ - HARKINS, JAMES +"' ✓ + — VAYE XAYE A ABSENT R RECUSE Meeting Adjourned 5:05 PM JULY 18, 2024 There being no further business before the Board, the meeting was adjourned at 5:05 p.m. Date: Chairman Secretary