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HomeMy WebLinkAboutboa_08 15 2024MINUTES LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE AUGUST 15, 2024 4:00 P.M. I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the July 18, 2024 meeting of the Board of Adjustment III. Presentation of Consent Agenda IV. Presentation of Hearing Items MINUTES LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES AUGUST 15, 2024 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being three (3) in number. II. Approval of the Minutes of the July 18, 2024 meeting of the Board of Adjustment Members Present: Frank Allison — Chairman Austin Grinder — Vice Chair Jeremiah Russell Members Absent: Richard Bertram James Harkins City Attorney Present: Cameron Bowden MINUTES LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA AUGUST 15, 2024 4:00 P.M. NEW BUSINESS Item Number: File Number: Address: 1. Z-9990 19 Haywood Court A variance is requested from the area regulations of Section 36- 254 to allow a reduced rear yard setback in an R-2 zoning. 2. Z-9827-A 5131 Cantrell Road An appeal to the decision of the Planning Commission. 3. Z-9758-A 93 Orle Circle A variance is requested to the fence height regulations of Section 36-516 to allow a fence to exceed permitted height. 4. Z-10016 4609 Glenn Valley Drive A variance is requested from the area regulations of Section 36- 254 to allow a reduced rear yard setback an R-2 zoning. 5. Z-10018 5618 Edgewood Road A variance is requested from the regulations of Section 36-254 to allow a reduced side yard setback in an R-2 zoning. 1 NEW BUSINESS (CON'T.) Item Number: File Number: Address: 6. Z-10025 422 Gamble Road A variance is requested from the area regulations of Section 31-12 to allow an encroachment across the front building line. 2 AUGUST 15, 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 Courtt" 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 AUGUST 15, 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 AUGUST 15, 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. Board of Adjustment (AUGUST 15, 2024) The applicant was not present. Staff recommended the application be deferred to the September 19, 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 AUGUST 15, 2024 ITEM NO.: 2 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 AUGUST 15, 2024 ITEM NO.: 2 (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 (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. 2 AUGUST 15, 2024 ITEM NO.: 2 (CON'T) Z-9827-A 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. Board of Adjustment (AUGUST 15, 2024) Attorney Thomas Wyatt addressed the commission representing the application. He described the background information and why the appeal was filed along with his clients attempts to adjust their application to adhere to their neighbors' issues. He discussed the differences to the original application and the second filing which was which was rejected by staff. Property owners Michelle and Marcus Arnold addressed the commission stating their repeated attempts to engage the neighbors and make concessions so they may continue to operate. Melanie Fox addressed the commission in opposition stating that parking, noise issues, and that an STR-2 type property was disrupting the neighborhood. There was a discussion by the commission with Mr. Wyatt regarding the differences in the original application and staffs decision regarding the second one under appeal. Additionally, they discussed how the similarity between the applications and how parking was addressed on the property, and that if denied by the commission the process to rezoning would start over. Melanie Fox addressed the commission in opposition stating that the neighbors were opposed to the use of structure as rental property. There was a motion to approve the appeal to staffs' decision as stated. The motion failed by a vote of 2 ayes, 1 nays, 2 absent. The motion was approved. The commission discussed the staffs decision to deny the application and the deferring it back to the Planning Commission. There was a motion to expunge the previous vote and to reopen the item for discussion. The motion passed by a vote of 3 ayes, 0 nays, 2 absent. The motion was approved. The commission discussed the application merits and how the area was popular for short term rental along with their belief that the application should be returned to the planning commission. 3 AUGUST 15, 2024 ITEM NO.: 2 (CON'T) Z-9827-A Attorney Thomas Wyatt addressed the commission representing the application. He stated that his client wished to request that the item be deferred to the September hearing agenda. There was a motion to defer the item to the September hearing at the cost of the applicant. The motion passed by a vote of 3 ayes, 0 nays, 2 absent. The motion was approved. 4 AUGUST 15, 2024 ITEM NO.: 3 Z-9758-A File No.: Z-9758-A Owners: Chaitanya Musham Applicant: Markus Homes Inc — Melinda Markus Address: 93 Orle Circle Legal Description: Lot 43, Block 113, Chenal Valley, an 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 the area provisions of 36-156 to allow a retaining wall (accessory structure) with reduced setbacks from side and rear yard property lines. Justification: The applicant's justification is presented in an attached letter dated May 21, 2024. STAFF REPORT: A. Planninq and Development Civil Engineering Comments: Plans reviewed during building permit. B. Landscape and Buffer Comments: No Comments C. Building Codes Comments: No comments required. D. Staff Analysis: The site at 93 Orle Circle contains and recently constructed single-family dwelling with a paved access drive extending north to Orle Circle. The lot has been mostly cleared and slopes downward from east to west. In March 2024 applicant sought and received approval to construct a forty-two (42) inch high masonry wall starting at the northeast edge of the dwelling and proceed 1 AUGUST 15, 2024 ITEM NO.: 3 (CON'T.) Z-9758-A east twenty-seven (27) feet to the eastern property line. The masonry wall then proceeds south along the eastern perimeter of the property to the south property line. The applicant proposes to construct an additional retaining wall (accessory structure) which will be offset to the west three (3) feet from the east property line. The retaining wall (accessory structure) will extend from north to south along the eastern side of the property to the south property line and proceed on the property line west one -hundred twenty feet (120) to the west property line. Section 36-156(f) of the City's Zoning Ordinance states, "accessory buildings shall maintain at least a three (3) foot setback from any side or rear yard property line except where said rear yard abuts on a dedicated alley. No setbacks shall be required for an accessory building upon an alley." Therefore, the applicant is requesting a variance to allow the retaining wall, which is considered an accessory structure, with reduced rear and side yard setback. The applicant provided responses and additional information to all issues raised during the staffs review of the application. To the staffs knowledge, there are no outstanding issues. Staff is supportive of the reduced rear and side yard setback variances. The wall will be located along the eastern and southern perimeters of the property adjacent to the open tract, and staff views this request as minor in nature and feels that the reduced rear and side yard setbacks will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested side 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. Abide by all site development requirements for R-2 zoned properties. Board of Adjustment (AUGUST 15, 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. 2 AUGUST 15, 2024 ITEM NO.: 4 Z-10016 File: Z-10016 Owner: Charles Fuller Applicant: Jason Duncan — Renovation Construction Address: 4609 Glen Valley Drive Description: Lot 28, Heatherbrae Subdivision, Phase 2, City of Little Rock Arkansas, Pulaski County Zoned: R-2 Variance(s) Requested: A variance is requested from the area provisions of Section 36-254 to allow a residence with a reduced rear setback. 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 in an attached letter. Present Use: Single Family Residence Proposed Use: Single Family Residential STAFF REPORT A. Planning and Development Civil Engineering No comments required. B. Landscape and Buffer Comments: No comments required. C. Building Codes Comments: No comments required D. Staff Analysis: The R-2 zoned property located at 4609 Glen Valley Drive is currently occupied by a one-story single-family residence with an existing wood frame deck across the east portion of the residence in the rear yard. 1 AUGUST 15, 2024 ITEM NO.: 4 (CON'T.) Z-10016 The applicant is proposing to remove the existing deck and construct a covered concrete porch structure along the east (rear) portion of the primary residence. The site plan indicates that the structure is to extend into the rear yard along the east side of the residence into the rear yard setback 2'-3"-feet reducing the setback to less than 23-feet. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear yard setback of 25-feet for principal structures in R-2 zoning. 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 22'-9". Staff is supportive of the requested rear yard setback and covered patio structure extension variance. Staff finds the request to generally be in conformance with the development pattern in the neighborhood and nearby area. E. Staff Recommendation: Staff recommends approval of the requested rear 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. Board of Adjustment (AUGUST 15, 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 approve the application. The motion was seconded. The application was approved on consent. The vote was 3 ayes, 0 nays, 2 absent. 2 AUGUST 15, 2024 ITEM NO.: 5 Z-10018 File No.: Z-10018 Owners: Richard and Pam Blank Applicant: Ellen Yeary / Yeary Lindsey Architects Address: 5618 Edgewood Road Legal Description: Lot 3R, Prospect Terrace, 4th 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 side 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: Any changes or modifications to the yard area shall comply with the "Heights Landscape Design Overlay District" regulations. C. Building Codes Comments: No comment. D. Staff Analysis: The R-2 zoned property located at 5618 Edgewood Road is occupied by a one-story single-family residence. The property is located along the west perimeter of Edgewood Drive southwest of the Wildwood Road intersection within the Heights Landscape Design Overlay District. The site plan shows an existing 5-foot easement along the sides of the property along with a varying 40-foot to 57-foot easement along the rear of the property. 1 AUGUST 15, 2024 ITEM NO.: 5 (CON'T.) Z-10018 The applicant is proposing to expand an existing screened porch at the southeast corner of the primary residence. The site plan shows the proposed porch addition on the east fagade will expand south 17.3-feet to within 5-feet of the property line and then extend 17.2-feet west covering an existing wood frame deck structure. The site plan further indicates that this addition includes a small section of wood deck along the south perimeter of the existing carport for access and a new roof structure connecting the screened porch with the existing carport. 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 requests a variance to allow the extension of the primary structure into the side yard setback reducing the setback to no less than 5-feet. Staff finds the request to generally be in conformance with the development pattern in the Heights 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 side yard setback reduction from 8-feet to a minimum of 5-feet, with the following conditions: 1. A building permit being obtained for all construction. 2. Install trees, if deemed applicable at the time of building permitting, in accordance with Heights Landscape Design Overlay District requirements. Board of Adjustment (AUGUST 15, 2024) The applicant was present. There was one objector present. Staff presented the application to the Board and stated it recommended the variance be approved as per staff report. Architect Ellen Yeary addressed the commission representing the application. She presented plans and images depicting the addition and its proximity to the surrounding property. Samuel Brownlee addressed the commission in opposition to the application. He stated that the structure was already too close to his property to the south and that an expansion would further "loom" over his yard area. He additionally stated that construction had already begun on the addition prior to the commission granting approval to the variance. Mr. Brownlee presented images to the commission of the construction area. 2 AUGUST 15, 2024 ITEM NO.: 5 (CON'T.) Z-10018 Architect Ellen Yeary addressed the commission representing the application. She stated that the existing structure was already constructed and approved by a previous variance. She also stated that permits had been obtained prior to any on -site work taking place. The commission discussed the possible president of the existing structure already encroaching upon the Side setback and that the new structure is within the property boundary. There was a motion to approve the application. The motion was seconded. The application was approved. The vote was 3 ayes, 0 nays, 2 absent. 3 AUGUST 15, 2024 ITEM NO.: 6 Z-10025 FILE No.: Z-10025 OWNER: Samuel Chung APPLICANT: Samuel Chung ADDRESS: 422 Gamble Road LEGAL DESCRIPTION: Lot 9R & 1OR, Block 3, Gilbralter Heights Addition, 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 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 required. C. BUILDING CODES COMMENTS: No comments required. D. ANALYSIS: The R-2 zoned property located at 422 Gamble Street is occupied by an 864 square foot, one-story single-family residence. The survey indicates that the lot width of 65.17 feet along Archer Lane, a width of 65.17 feet along the rear property line and 1 AUGUST 15, 2024 ITEM NO.: 6 (CON'T.) Z-10025 an average depth of 94.82 feet. The residence sits 14 feet from the front (south) property line and 25 feet from the side (east) property line along Gamble Road. As part of an improvement to the residence, the applicant proposes to construct a 126 square foot porch addition on the south side of the residence facing south towards Archer Lane. The site plan shows the porch addition will cross the front build line of the property having a 5.9-foot setback along the front (south) property line and maintain the existing setback of twenty-five (25) feet from the side (east) property line. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front yard setback of 25 feet for the principal structure on this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the porch addition to be constructed with a reduced front yard setback of 5.9- feet along the front (south) property line. Staff is supportive of the requested front yard setback variance. Staff views the variance request as reasonable and feels the (5.9) front yard setback will have no adverse impact on the surrounding properties. The adjacent properties along Archer Lane have similar reduced front yard setbacks with the roadway. E. STAFF RECOMMENDATION: Staff recommends approval of the requested front yard setback variance, subject to the descriptions and any conditions in the "staff analysis", and the following condition: 1. A building permit being obtained for all construction. Board of Adjustment (AUGUST 15, 2024) The applicant was present. There was one objector present. Staff presented the application to the Board and stated it recommended the variance be approved as per staff report. Samuel Chung addressed the commission representing the application as property owner. He stated that water currently drained into his front yard and that he desired to construct a new front porch on his residence to prevent water from accumulating in the foundation of the structure and cover the entry way. Shonda Henry addressed the commission and stated she received a notice but was not opposed to the application. 2 AUGUST 15, 2024 ITEM NO.: 6 (CON'T.) Z-10025 Jajuan Archer addressed the commission opposed to the application. She stated that she had recently received the hearing notice and that the addition would interfere with her ability to access her nearby property. Additionally, she noted that the address was not included on the notice she received. The commission discussed the location of the porch, the orientation of the structure to the street, and its relationship to Gamble Road and Archer Lane. The commission reviewed that notice sent out by Mr. Chung and stated the application should be deferred to allow for proper notification to be sent out. Mr. Chung addressed the commission and requested the item be deferred to the September agenda. There was a motion to approve the deferral. The motion was seconded. The deferral was approved on. The vote was 3 ayes, 0 nays, 2 absent. 3 AUGUST 15, 2024 There being no further business before the Board, the meeting was adjourned at 5:43 p.m. Date: Chairman Secretary