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HomeMy WebLinkAboutboa_09 19 2024MINUTES LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE SEPTEMBER 19, 2024 4:00 PM I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the August 15, 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 SEPTEMBER 19, 2024 4:00 PM I. Roll Call and Finding of a Quorum A Quorum was present being three (3) in number. II. Approval of the Minutes of the August 15, 2024 meeting of the Board of Adjustment Members Present: Austin Grinder —Vice Chair Jeremiah Russell Richard Bertram Members Absent: Frank Allison — Chairman James Harkins City Attorney Present: Cameron Bowden MINUTES LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA SEPTEMBER 19, 2024 4:00 PM OLD BUSINESS Item Number: File Number: Address: 1. Z-10025 422 Gamble Road A variance is requested from the area provisions of Section 36-254 to allow a residence with a reduced front yard setback 2. Z-9827-A 5131 Cantrell Road An appeal of staff decision NEW BUSINESS: Item Number: File Number: Address: 3. Z-2422-A 1858 Wolfe Street Variances are requested from the area provisions of Section 36- 301 to allow a new building with reduced front, side, and rear setbacks. 4. Z-2878-A 826 Beechwood Ave. A variance is requested from the area provisions of Section 36-254 to allow a residence with a reduced rear yard setback. 1 NEW BUSINESS: Item Number: File Number: Address: 5. Z-10029 9001 West Markham Street The area provisions of Section 36-301 (e)(3) to allow a reduced rear yard setback in the C-3 district. 6. Z-10030 2209 Maryland Ave. A variance is requested from the area provisions of Section 36-254 to allow a residence with a reduced front yard setback. 7. Z-10033 5607 Hawthorne Road Variances are requested from the area provisions of Section 36-254 (d)(3) to allow a new residence with reduced rear yard setback. 8. Z-10052 5520 Hawthorne Road Variances are requested from the area provisions of Section 36-254 (d) (1), 36- 254 (d)(2), and 36-254 (d) (3), to allow a new residence with reduced front, side and rear yard setbacks. 2 SEPTEMBER 19, 2024 ITEM NO.: 1 Z-10025 File No.: Z-10025 Owner: Samuel Chung Applicant: Samuel Chung Address: 422 Gamble Road Legal Description: Lot 9R & 1 OR, 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 front 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. Buildina 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 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. 1 SEPTEMBER 19, 2024 ITEM NO.: 1 Z-10025 As part of an improvement to the residence to control water drainage, 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: 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. 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. 2 SEPTEMBER 19, 2024 ITEM NO.: 1 Z-10025 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. Board of Adjustment (SEPTEMBER 19, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the reduced front yard 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 3 ayes, 0 nays, 2 absent. 3 SEPTEMBER 19, 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 SEPTEMBER 19, 2024 ITEM NO.: 2 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 staff's 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 staff's 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 staff's 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 SEPTEMBER 19, 2024 ITEM NO.: 2 Board of Adjustment (J U LY 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 staff's 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 staff's 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 SEPTEMBER 19, 2024 ITEM NO.: 2 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. Board of Adjustment (AUGUST 15, 2024) The applicant requested a deferral to October agenda prior to the start of the meeting. 4 SEPTEMBER 19, 2024 ITEM NO.: 3 File No.: Z-2422-A rbZY 0Z_1 Owner: MW Enterprises LLC Applicant: Melissa Wyatt Address: 1858 Wolfe Street Legal Description: Moore & Penzel N7 1/2' OF Lot 17, 18, 19, S13 and Lot 201 of the City of Little Rock Current Zoning: C-3 Present Use: Vacant Proposed Use: Enclosed Retail Space Variance(s) Requested: Variances are requested from the area provisions of Section 36- 301 to allow a new building with reduced front, side, and rear setbacks. 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: Any new Landscaping shall be in compliance with Chapter 15 of the City's Zoning Ordinance. C. Buildina Codes Comments: No Comments. D. Analysis: The C-3 zoned property at 1858 Wolfe Street is currently 9,240 square foot vacant lot bordering R-5 properties to the south and C-3 properties to the north, east, and west. 1 SEPTEMBER 19, 2024 ITEM NO.: 3 Z-2422-A The applicant is proposing to construct a new (20) foot by (120) foot enclosed retail structure (4,800 square feet) comprised of six (6) 800-square foot two -level spaces. The site plan indicates that the new structure will be located along the south portion of the property and oriented from east to west with a five (5) foot walkway along the north perimeter of the building. The site plan also indicates that the proposed structure will have a front setback of (10) feet, a rear setback of (6) feet and a rear (south) setback of (5) feet. The site plan shows a new paved off-street parking area along the north perimeter of the site with (13) parking spaces with egress drives connecting to the existing alley to the west and Wolfe Street to the east. A dumpster enclosure area is shown at the northwest corner of the site adjacent to the existing alley. Section 36-301(e)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for this C-3 zoned property. Section 36-301(e)(2) of the City's Zoning Ordinance requires a minimum side setback of 15 feet for this C-3 zoned property that abuts a residential district. Section 36-301(e)(3) requires a minimum rear setback of 25 feet. Staff is supportive of the requested setback variances. Staff views the request as reasonable given the size of the lot and that the variance will have no adverse impact on the surrounding properties are zoned C-3 with similar lot sizes. Street at the rear of the property ar facility. E. Staff Recommendation: . The properties to the north, east, and west The R-5 properties to the south along Wolfe e occupied by rental housing and a church Staff recommends approval of the requested front, side, and rear setback variances, subject to the descriptions and any conditions in the "staff analysis", and the following condition: 1. A building permit being obtained for all construction. 2. Landscaping shall be in compliance with Chapter 15 of the Zoning Ordinance. 3. Dumpster enclosure shall be in compliance with Section 36-523 of the Zoning Ordinance. 2 SEPTEMBER 19, 2024 ITEM NO.: 3 Z-2422-A Board of Adjustment (SEPTEMBER 19, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the reduced rear yard 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 3 ayes, 0 nays, 2 absent. 3 SEPTEMBER 19, 2024 ITEM NO.: 4 Z-2878-A File No.: Z-2878-A Owner: Martha Crowder Applicant: Ellen Yeary — Yeary Lindsey Architects Address: 826 Beechwood Avenue Legal Description The South 50 feet of Lot 1, Block 63, Pulaski Heights Addition to the City of Little Rock 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 rear yard setback. Justification: The applicant's justification is presented in an attached letter. STAFF REPORT: A. Planning And Development Civil Engineering Comments: No comments required- B. Landscape And Buffer Comments: No Comments. C. Building Codes Comments: No Comments. D. Analysis: The R-2 zoned property located at 826 Beechwood Street is occupied by a 2,949 square foot, one-story single-family residence. The survey indicates a lot width of 50 feet along N. Beechwood Street and a depth of 138 feet. The residence sits 27 feet from the rear (northwest) property line and 25 feet from the front (north) property line. 1 SEPTEMBER 19, 2024 ITEM NO.: 4 Z-2878-A As part of the improvement to the residence, the applicant proposes to construct a 240 square foot carport addition on the northwest side of the residence in the rear yard area. The site plan shows the carport addition will have seven feet — two- inch (7-2) setback along the rear (northwest) property line and maintain the existing setback of twenty-five (25) feet from the side (north) property line. The addition would not require modifying any existing structural configurations to the existing dwelling. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum rear 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 carport addition to be constructed with a reduced rear yard setback of seven feet — two inches (7-2) feet along the rear (northwest) property line. Staff is supportive of the requested rear yard setback variance. Staff views the request as reasonable. Staff views the variance as very minor in nature and feels the reduced setback will have no adverse impact on the surrounding properties. The properties to the north and south along N Palm Street at the rear of the property have similar relationships with the roadway. Some of these residences have very little, if any, setback from their rear property lines along N Palm Street. E. Staff Recommendation: Staff recommends approval of the requested seven feet — two inch (7-2) rear yard setback variance, subject to the descriptions and any conditions in the "staff analysis", and the following condition: A building permit being obtained for all construction. Board of Adjustment (SEPTEMBER 19, 2024) The applicant requested a deferral to October agenda prior to the start of the meeting. 2 SEPTEMBER 19, 2024 ITEM NO.: 5 Z-10029 File No.: Z-10029 Owners: New Neptune. LLC Applicant Michael Love — Love Construction Address: 9001 West Markham Southwest Corner of West Markham Street and W 4th Street Legal Description: Tract of land in the SW1/4, NW1/4, Section 2, Township1, North Range, 13 West, of the City of Little Rock Zoned: C-3 Present Use: Auto Service Station Proposed Use: Auto Service Station Variance(s) Requested: The area provisions of Section 36-301 (e)(3) to allow a reduced rear yard setback in the C-3 district. Justification: The applicant's justification is presented as per the attached letter. STAFF REPORT A. Planninq and Development Civil Engineering Comments: No Comments B. Buffering and Landscape Comments: No Comments C. Building Codes Comments: No Comments D. Staff Analysis: The C-3 zoned property located at 9001 West Markham Street is currently occupied by a (Shell) Service Station. The 20,414 square feet lot is bordered to the south, east and west by C-3 zoned retail center and R-2 zoned property across West Markham Street. 1 SEPTEMBER 19, 2024 ITEM NO.: 5 Z-10029 The existing service station sits at the south-central portion of the site and is bordered by an accessory car wash structure to the west with access drives connecting to West Markham Street to the north and John Barrow Road to the east. The applicant proposes to construct a 447 square foot cooler and storage structure on the west side of the existing service station structure with a reduced rear setback. The site plan indicates a reduction of the rear (south) yard setback to be reduced from 25-feet to 10-feet, 9-inches and to maintain an existing 10-foot drive along the south perimeter of the property. Section 36-301 (e)(3) states that in the C-3 zone, there shall be a rear yard setback having a depth of not less than twenty-five (25) feet to the rear line of a building. Therefore, the applicant is seeking to reduce the rear setback from 25-feet to 10- feet, 9-inches. Staff is supportive of the requested rear setback reduction from 25-feet to 10-feet 9 inches. Staff views the requests as reasonable. The existing structure currently sits within the allowed distance to the rear lot line of 15-feet. Staff views these requests as minor in nature and feels that the variances will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested 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 other site development requirements for C-3 zoned properties. Board of Adjustment (SEPTEMBER 19, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the reduced rear yard 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 3 ayes, 0 nays, 2 absent. 2 SEPTEMBER 19, 2024 ITEM NO.: 6 Z-10030 File No.: Z-10030 Owner: Refreshing Homes Real Estate Investments, LLC Applicant: Landon Dickson Address: 2209 Maryland Avenue Legal Description: Capitol Hill Extension W50', Lots 10,11 and 12, Block 10, of the City of Little Rock. Current Zoning: R-3 Present Use: Vacant 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 front yard setback. Justification: The applicant's justification is presented in an attached letter. STAFF REPORT: A. Plannina And ❑evelooment Civil Enaineerina Comments: No comments required. B. Landscape And Buffer Comments: No comments required. C. Buildina Codes Comments: No comments required. D. Analysis: The R-3 zoned property located at 2209 Maryland Avenue is currently vacant. The survey indicates that the 7,500 square -foot lot has a width of 50 feet along Maryland Avenue, with a depth of 150 feet. 1 SEPTEMBER 19, 2024 ITEM NO.: 6 Z-10030 The applicant proposes to construct a new 1,000 square foot residential structure on the northeast side of the property. The submitted site plan shows an existing old growth tree located along the east perimeter of the property. The applicant is requesting to locate the new residential structure to the north 15-feet from Maryland Avenue within the setback to avoid removal of the tree. The proposed location of the new structure will remain within the allowed rear and side setbacks per ordinance. Section 36-255(d)(1) of the City's Zoning Ordinance requires a minimum front yard setback of 25 feet for the principal structure on this R-3 zoned lot. Therefore, the applicant is requesting a variance to allow the new residence to be constructed with a reduced front yard setback of fifteen (15) feet along the front (north) property line. Staff is supportive of the requested front yard setback variance. Staff views the request as reasonable. The existing tree is of size and age to substantiate the request. Staff views the variance as minor in nature and feels the reduced front yard setback will have no adverse impact on the surrounding properties which have similar front yard relationships to the street. E. Staff Recommendation: Staff recommends approval of the requested fifteen (15) 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 (SEPTEMBER 19, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the reduced front yard 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 3 ayes, 0 nays, 2 absent. 2 SEPTEMBER 19, 2024 ITEM NO.: 7 File No.: Z-10033 Owners: Alan and Ann Tedford Applicant: Tom Fennell, Fennell Purifoy Architects Address: 5607 Hawthorne Road Z-10033 Legal Description: Lot 21 and 22, Forest Heights Addition to the City of Little Rock 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 (d)(3) to allow a new residence with reduced rear yard setback. Justification: The applicant's justification is presented in an attached letter. STAFF REPORT: A. Planning and Development Civil Engineering Comments: No comments. B. Landscape and Buffer Comments: In October 2020 the City adopted the "Heights Landscape Design Overlay District," requiring installation of one (1) tree per forty (40) linear feet of street frontage within the Heights District boundary, applicable to [among other types] residential construction in excess of 600 square feet. C. Building Codes Comments: No Comments. D. Analysis: The property located at 5607 Hawthorne Road is currently occupied by a two-story wood frame single family residence which is to be removed. The property has a 1 SEPTEMBER 19, 2024 ITEM NO.: 7 Z-10033 5-foot easement bordering the south and east property lines along with an access drive that extends west from the existing carport connecting to Forest Heights Drive The applicant proposes to demolish the existing dwelling and construct a new 5,000 square -foot residence with an enclosed walkway connecting to a new garage structure at the southwest corner of the property. The proposed garage structure will be single -story in height and will be located 7-feet from the south (rear) property line, and 15-feet from the west side property line. The structure connection extends the primary residence into the rear yard setback approximately 18-feet. Section 36-254(d)(3) requires a minimum rear yard setback of 25 feet in the R-2 District. Therefore, the applicant is requesting a variance to allow a reduction of the rear yard setback from 25-feet to no less than 7-feet. Staff is supportive of the requested variance. Staff views the request as reasonable and believes it is generally in conformance with the development pattern in the neighborhood and nearby area, nor should it have an adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested rear yard 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. Install trees, if deemed applicable at the time of building permit, in accordance with the Heights Design Overlay District requirements. Board of Adjustment (SEPTEMBER 19, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and state it recommended the reduced rear yard 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 3 ayes, 0 nays, 2 absent. 2 SEPTEBMER 19, 2024 ITEM NO.: 8 Z-10052 File No.: Z-10052 Owners: Jeff Fuller Construction Applicant: Jeff Fuller Address: 5520 Hawthorne Road Legal Description: The West 42.1 Feet of Lot 6 & All of Lot 7, Block 7, Newton's Addition to the City of Little Rock 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 (d) (1), 36-254 (d)(2), and 36-254 (d) (3), to allow a new residence with reduced front, side and rear yard setbacks. Justification: The applicant's justification is presented in an attached letter. STAFF REPORT: A. Planning and Development Civil Engineering Comments: No comments. B. Landscape and Buffer Comments: In October 2020 the City adopted the "Heights Landscape Design Overlay District," requiring installation of one (1) tree per forty (40) linear feet of street frontage within the Heights District boundary, applicable to [among other types] residential construction in excess of 600 square feet. C. Building Codes Comments: No Comments. 1 SEPTEMBER 19, 2024 ITEM NO.: 8 Z-10052 D. Analysis: The property located at 5520 Hawthorne Road is occupied by a one-story wood frame single family residence with a single car garage and access drive connecting to N. Taylor Street to the West. The applicant proposes to remove the dwelling and garage structures from the site and construct a new residential structure. The proposed residence will be two- story in height and will be located 23-feet from the south (front) property line, 3- feet from the north (rear) property line, 5.7-feet from the west (side) property line, and 6.5 feet from the side (east) property line. Separate new driveways connecting to North Taylor Street will be constructed to access the separate garage areas. Section 36-254(d)(1) requires a front yard setback having a depth of not less than 25-feet. Therefore, the applicant is requesting a variance to allow the proposed new residence to be constructed with reduced rear yard setback no less than 3- feet. Section 36-254 (d) (2) requires a minimum side yard setback on each side of the building having a width of not less than ten (10) percent of the average width of the lot, not to exceed eight (8) feet. Therefore, the applicant is requesting a variance to allow the proposed new residence to be constructed with reduced side (west) yard setback not less than 5.7-feet. Section 36-254(d)(3) requires a rear yard setback of not less than 25- feet. Therefore, The applicant is requesting a variance to allow the proposed new residence to be constructed with reduced front yard setback not less than 23-feet. Staff is supportive of the requested variances. Staff views the request as reasonable and believes it is generally in conformance with the development pattern in the neighborhood and nearby area, nor should it have an adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested rear and side yard variances, subject to the descriptions and any conditions in the "staff analysis," and the following conditions: 1. A building permit being obtained for all construction. 2. Install trees, if deemed applicable at the time of building permit, in accordance with the Heights Design Overlay District requirements. 2 SEPTEMBER 19, 2024 ITEM NO.: 8 Z-10052 Board of Adjustment (SEPTEMBER 19, 2024) The applicant was present. There were no objectors present. Staff presented the application to the Board and state it recommended the reduced front, side, and rear yard 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 3 ayes, 0 nays, 2 absent. 3 BOARD OF ADJUSTMENT - VOTE RECORD DATE: SEPTEMBER 19, 2024 Time: 4:OOPM Time In / Time Out In Out ALLISON, FRANK A BERTRAM, JAMES GRINDER, AUSTIN RUSSELL, JEREMIAH HARKINS, JAMES A I Cnst Min Agenda ReRularAeenda ITEM & VOTE Item Number: I ALLISON, FRANK A A BERTRAM, JAMES ✓ ✓ GRINDER, AUSTIN ✓ ✓ RUSSELL, JEREMIAH ✓ ✓ HARKINS, JAMES A A VAYE XAYE A_ABSENT R RECUSE Meeting Adjourned 4:09 PM SEPTEMBER 19, 2024 There being no further business before the Board, the meeting was adjourned at 4:09 p.m. Date: Chairman Secretary