HomeMy WebLinkAboutboa_11 21 2024MINUTES
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA PROCEDURE
NOVEMBER 21, 2024
4.00 PM
I. Roll Call and Finding of a Quorum
II. Approval of the Minutes of the October 17, 2024 meeting of the Board of
Adjustment
Ill. Presentation of Consent Agenda
IV. Presentation of Hearing Items
MINUTES
LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
NOVEMBER 21, 2024
4:00 PM
I. Roll Call and Finding of a Quorum
A Quorum was present being five (5) in number.
I I. Approval of the Minutes of the October 17, 2024 meeting of the Board of
Adjustment
Members Present: Frank Allison — Chairman
Austin Grinder —Vice Chair
Jeremiah Russell
Richard Bertram
James Harkins
Members Absent:
City Attorney Present: Cameron Bowden
MINUTES
LITTLE ROCK BOARD OF ADJUSTMENT
ABBREVIATED AGENDA
NOVEMBER 21, 2024
4:00 PM
OLD BUSINESS:
Item Number: File Number: Address:
A. Z-2878-A 826 Beechwood Avenue
A variance is requested from the area
provisions of Section 36-254 to allow a
residence with a reduced rear yard
setback.
NEW BUSINESS:
Item Number: File Number: Address:
1. Z-10058 5101 Edgewood Rd
A variance is requested from the area
provisions of Section 36-254 (d)(3) to
allow a residence with reduced rear yard
setback.
2. Z-10062 5101 Kavanaugh Blvd
A variance is requested from the area
provisions of Section 36-254 (d)(2) to
allow a residential addition with reduced
side yard setback.
3. Z-10063 10000 Rodney Parham Rd.
A variance is requested from the signs
permitted in commercial zones
provisions Sec. 36-555(2) to allow a
freestanding sign to exceed a height of
thirty-six (36) feet.
NEW BUSINESS:
Item Number: File Number: Address:
4. Z-10068 4900 W 31 st St.
A variance is requested from the area
provisions of Section 36-255 (d)(2) to
allow a residence with reduced side yard
setback.
5. Z-10070 6701 Hawthorne Rd
A variance is requested from the area
provisions of Section 36-254 (d)(3) to
allow a new residence with reduced rear
yard setback.
6. Z-10086 5510 Hawthorne Rd
Variances are requested from the area
provisions of Section 36-254 (d)(2) and
36-254 (d)(3) to allow a residence with
reduced front and side yard setback.
7. Z-10087 50 Edgehill Road
Variances are requested for the area
regulations of Section 36-156 to allow a
retaining wall accessory structure to be
less than 60 feet from the front property
line and have a distance of less than 6-
feet from a residence and less than 3-feet
from a side or rear yard property line.
8. Z-10057 2701 Rahling Road
Variances are requested from the
development provisions and the area
provisions of Section 36-299 to allow a
new development with an increased lot
size, a new structure with an increased
building height and increased floor area.
9. 2025 Board of Adjustment Calendar
NOVEMBER 21, 2024
ITEM NO.: A 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. Planninq and Development Civil Engineering Comments:
No comments required.
B. Landscape and Buffer Comments:
No comments.
C. Buiiding 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.
NOVEMBER 21, 2024
ITEM NO.: A 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 a six feet — ten
inch (6-10) 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 six feet — ten inches (6-10) 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 six feet — ten inch (6-10) rear 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 (NOVEMBER 21, 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 5 ayes, 0 nays.
NOVEMBER 21, 2024
ITEM NO.: 1 Z-10058
File No.: Z-10058
Owner: Austin and Lauren Grinder
Applicant: Austin Grinder
Address: 5101 Edgewood Rd
Legal Description: Plot 61 and 62, Prospect Terrace Addition to the City of Little
Rock, Pulaski County, Arkansas.
Current Zoning: R-2
Present Use: Single Family Residential
Proposed Use: Single Family Residential
Variance(s) Requested: A variance is requested from the area provisions of Section.
36-254 (d)(3) to allow a 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 tree per 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 5101 Edgewood Road is currently occupied by a two-story
masonry single family residence. The survey shows a lot width of 111.63 feet at
NOVEMBER 21, 2024
ITEM NO.. 1 Z-10058
the front (north) property line, 76.35 feet at the rear (south) property line, and a
depth of 130 feet. The residence sits 30 feet back from the front (north) property
line. An existing carriage house is attached at the rear (south) side of the residence
that is accessible via the driveway along the west side of the property.
The applicant is proposing to demolish the existing attached carriage house and
construct an attached garage on the southwest side of the residence in the rear
yard. The existing structure to be demolished sits 0.3 feet from the rear property
line, and the new garage structure will be located one (1) foot from the rear (south)
property line.
Section 36-254(d)(3) states "There shall be a rear yard setback having a depth of
not less than twenty-five (25) feet." Therefore, the applicant is requesting a
variance to allow a reduction of the rear yard setback to no more than one (1) foot.
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 setback to no more than
one (1) foot, subject to the following conditions:
1. Obtain a building permit prior to construction.
2. Any new roof structure shall not overhang property line and all water runoff
shall be directed back onto owners' property.
3. Install trees, if deemed applicable at the time of building permit, in accordance
with the Heights Design Overlay District requirements.
Board of Adjustment (NOVEMBER 21, 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. The applicant spoke about the need to have a
two -car garage, and that care was taken in the design to match the existing residence
and character of the neighborhood. The board asked staff about any existing mechanisms
to ensure that water would be directed away from the adjacent property. Staff explained
that the permitting process would ensure the conditions of the variance were followed. A
motion was made to approve the application. The motion was seconded. The motion
passed 4, ayes, 0 nays, 1 recusal.
NOVEMBER 21, 2024
ITEM NO.: 2 Z-10062
File No.: Z-10062
Owner: William and Susan Hall
Applicant: William Hall
Address: 5101 Kavanaugh Blvd
Legal Description: Lot 5, Block 1, McGehee'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: A variance is requested from the area provisions of Section.
36-254 (d)(2) to allow a residential addition with 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.
B. Landscape and Buffer Comments:
In October 2020 the City adopted the "Heights Landscape Design Overlay District,"
requiring installation of one tree per 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 5101 Kavanaugh Blvd is currently occupied by a single -
story masonry single family residence. The survey shows a lot width of 77-feet at
the front property line, 31.9-feet at the rear property line, and a depth of 140-feet.
NOVEMBER 21, 2024
ITEM NO.: 2 Z-10062
The residence. is centrally located on the lot with a detached garage in the rear
yard that is accessible via the alley to the south.
The applicant is proposing to construct an enclosed addition on the east side of
the residence and a wood deck with a concrete walkway connecting to the existing
garage. The enclosed addition will extend to within 4-feet-6-inches from the east
property line, the new wood deck will extend to within 3-feet of the east property
line.
Section 36-254(d)(2) states "There shall be a side yard setback on each side of
the building have 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 a reduction of the side yard setback to no less than 4 feet-6
inches.
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 side yard setback to no less than 4
feet-6 inches, subject to the following conditions:
1. Obtain a building permit prior to 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 (NOVEMBER 21, 2024)
The applicant was present. There were no objectors present. Staff presented the
application to the Board and stated it recommended the reduced side 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 5 ayes, 0 nays.
NOVEMBER 21, 2024
ITEM NO.: 3 Z-10063
File No.: Z-10063
Owner: DYNE Development
Applicant: Brandon Wilson — Wilson Sign & Lighting (Agent)
Address: 10000 Rodney Parham Rd
Legal Description: Lot 4ARR, Old Forge Subdivision, City of Little Rock, Pulaski
County, Arkansas
Current Zoning: C-3
Present Use: Vacant
Proposed Use: Quick Service Restaurant with Drive-Thru (Tropical Smoothie)
Variance(s) Requested: A variance is requested from the signs permitted in
commercial zones provisions Sec. 36-555(2) to allow a
freestanding sign to exceed a height of thirty-six (36) feet.
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:
No Comments.
C. Building Codes Comments:
No Comments.
D. Analysis:
DYNE Development is constructing a new, stand-alone, vehicular oriented Tropical
Smoothie Cafe on the C-3 zoned property at 10000 Rodney Parham Road. The
property consists of approximately 1.42 acres and is located at the southeast
corner of N. Rodney Parham Road and Old Forge Drive.
NOVEMBER 21, 2024
ITEM NO.: 3 Z-10063
The applicant is proposing the construction of a 50-foot free standing pylon sign in
the front setback at the west corner of the lot. The proposed sign is to be a 12-foot
by 12- foot translucent vinyl sign with white LEDs in a fabricated steel frame
attached to a 38-foot steel pole. The applicant has stated that the increased sign
height will allow better visibility from Interstate-430 relative to other quick service
restaurants in the area.
Section 36-555(2) allows one (1) freestanding sign per premises in a commercial
zone and states that "Such sign shall not exceed a height of thirty-six (36) feet.
Therefore, the applicant is requesting a variance to allow for a sign height increase
to no more than fifty (50) feet.
Based on the above assessment and analysis, Staff finds the requested variance
to be out of character with the surrounding developments and adjoining properties.
In addition, Staff feels that the proposed fifty (50) foot sign will detract from the low
intensity aesthetic of the overall Rodney Parham corridor.
E. Staff Recommendation:
Staff recommends denial of the request variance to allow a new fifty (50) foot pylon
sign at 10000 Rodney Parham Road.
Board of Adjustment (NOVEMBER 21, 2024)
The applicant was present. There were no objectors present. Staff presented the
application to the Board and stated it recommended the increased sign height in a
commercial zone variance be denied as per staff report. The applicant outlined the
dimensions of the sign, stating the area of the sign was within code and only the height
would be out of code. The applicant explained the reasoning for the increased height was
to gain visibility from 1-430. The Board asked if there were conditions other than visibility
that were stopping them from complying with the current code. The applicant said no. The
Board examined drawings for the footing of the sign, and again asked about any undue
hardships other than visibility. Staff explained that they had surveyed a long stretch of
Rodney Parham Road and found no other properties had been granted variances for sign
height in the area. A motion was made to approve the application. The motion was
seconded. The motion to approve the application failed. The vote was 0 ayes, 5 nays.
NOVEMBER 21, 2024
ITEM NO.: 4 Z-10068
File No.: Z-10068
Owner: Sarah Williams
Applicant: Francisca Martinez (Agent)
Address: 4900 W 31 st St
Legal Description: Lot 17, Block 2, OAKHURST ADDITION to the City of Little
Rock, Pulaski County, Arkansas
Zoned: R-3
Present Use: Single Family Residential
Proposed Use: Single Family Residential
Variance(s) Requested: A variance is requested from the area provisions of Section
36-255 (d)(2) to allow a new residence with 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
B. Buffering and Landscape Comments:
No Comments
C. Building Codes Comments:
No Comments
D. Staff Analysis:
The property located at 4900 W 31st St. is currently occupied by a wood -frame
single family residence. The survey shows a lot width of 50-feet and a depth of
125-feet with residence centrally located on the lot.
The applicant is proposing to construct a staircase on the east side of the residence
to provide exterior access to a newly renovated second floor living space. The new
NOVEMBER 21, 2024
ITEM NO.. 4 Z-10068
staircase will be 4-feet wide and 15-feet in length and will extend from the front
porch north into the east side yard of the property.
Section 36-255(d)(2) states "There shall be a side yard setback on each side of
the building have 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 a reduction of the side yard setback to no less than 2 feet-6
inches.
Staff is supportive of the requested variance. Staff views the request as
reasonable and believes the exterior stair is the only viable access point to the
upstairs area. The addition 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 side yard setback reduction to no less
than 2 feet-6 inches, with the following conditions:
1. A building permit being obtained for all construction.
Board of Adjustment (NOVEMBER 21, 2024)
Item 4 was deferred to the December agenda before the start of the meeting due to a
failure to send notice of hearing notifications by the applicant.
NOVEMBER 21, 2024
ITEM NO.: 5 Z-10070
File No.: Z-10070
Owner: Jaqueline Wynat
Applicant: Danny Bean (Agent)
Address: 6701 Hawthorne Rd.
Legal Description: Lot 77R, being a replat of Lots 77 and 78, WESTOVER HILLS
SUBDIVISION to the City of Little Rock, Pulaski County,
Arkansas
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:
No comments
C. Building Codes Comments:
No comments.
D. Analysis:
The property located at 6701 Hawthorne Road is currently vacant. The existing
residence and detached garage have been demolished. The survey shows a lot
width of 65-feet and a depth of 140-feet with a 5-foot easement along the rear
property line.
NOVEMBER 21, 2024
ITEM NO.: 5 Z-10070
The applicant is proposing to construct a new two-story wood frame residence
centrally on the lot. The proposed residence will have a width of 54.8-feet and a
depth of 53.3-feet with a covered patio and storage room extending into the rear
yard.
The proposed covered extension of the primary residence will be located along the
southwest center of the rear of the residence. The roof structure will extend over
the patio area and connect to the proposed storage structure.
The proposed patio and storage structure will have a depth of 15-feet and will
extend 25-feet south to within 11-feet of the rear property line.
Section 36-254(d)(3) states "There shall be a rear yard setback having a depth of
not less than twenty-five (25) feet." Therefore, the applicant is requesting a
variance to allow a reduction of the rear yard setback to no less than eleven (11)
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 setback reduction to no less
than eleven (11) feet, with the following conditions:
1. A building permit being obtained for all construction.
Board of Adjustment (NOVEMBER 21, 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 5 ayes, 0 nays.
NOVEMBER 21, 2024
ITEM NO.: 6 Z-10086
File No.: Z-10086
Owner: Robert Kelly
Applicant: Robert Kelly
Address: 5510 Hawthorne Rd.
Legal Description: Lot 3 and the East 5.2 feet of Lot 4, Block 7, Newton's
Addition, to the City of Little Rock, Pulaski County, Arkansas
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)(2) and 36-254 (d)(3) to allow a residence with
reduced front and 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.
B. Landscape and Buffer Comments:
In October 2020 the City adopted the "Heights Landscape Design Overlay District,"
requiring installation of one tree per 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 5510 Hawthorne Rd. is currently occupied by a single -story
masonry single-family residence. There is an existing open carport on the
southeast corner of the residence. A variance was approved (Z-3884-A) to allow a
NOVEMBER 21, 2024
ITEM NO.: 6 Z-10086
front yard setback of 21-feet, and an east side yard setback of 3-feet under the
condition that the carport remained open.
The applicant is proposing to enclose the carport. The enclosure will consist of a
garage door on the south side of the carport, and a wall with two windows on the
east side of the carport. The exterior of the enclosure will be made to match the
exterior of the residence. The enclosure will not encroach any further into the front
or side yard setback.
Section 36-254(d)(1) states "There shall be a front yard setback having a depth of
not less than twenty-five (25) feet." Therefore, the applicant is requesting a
variance to allow a continued reduction of the front yard setback to no less than
twenty-one (21) feet.
Section 36-254(d)(2) states "There shall be a side yard setback on each side of
the building have 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 a continued reduction of the side yard setback to no more than
three (3) 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 front yard setback reduction to no
less than twenty-one (21) feet and a side yard setback reduction of no less than
three (3) feet, with the following conditions:
1. Obtain a building permit prior to 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 (NOVEMBER 21, 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 and side yard
setback variances 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.
NOVEMBER 21, 2024
ITEM NO.: 7 Z-10087
File No.: Z-10087
Owner: Rhys Branman
Applicant: Jonathan Hope — Hope Consulting (Agent)
Address: 50 Edgehill Road
Legal Description: Lot 48 Edgehill, and addition to the City of Little Rock, Pulaski
County, Arkansas
Current Zoning: R-2
Present Use: Single Family Residential
Proposed Use: Single Family Residential
Variance(s) Requested Variances are requested for the area regulations of Section
36-156 to allow a retaining wall accessory structure to be less
than 60 feet from the front property line and have a distance
of less than 6-feet from a residence and less than 3-feet from
a side or rear yard property line.
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 tree per 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.
NOVEMBER 21, 2024
ITEM NO.: 7 Z-10087
D. Analysis:
The property located at 50 Edgehill Road is currently occupied by a two-story
masonry single-family residence with a lot width of 87-feet along the rear (north)
property line and 108.42-feet along the front (south) property line, and a lot depth
of 155-feet along the west property line and 219.20-feet along the east property
line.
The applicant is proposing to construct a short (4 to 6 feet) retaining wall accessory
structure on the southwest (front yard) corner of the lot, and a high (12 foot)
retaining wall accessory structure along the north (rear) and portions of the east
and west side yard property lines.
The proposed front yard retaining wall accessory structure will be located 19.6-feet
from the front (south) property line. The proposed rear yard accessory retaining
wall structure will be located 3.1-feet from the rear (north) property line and located
3.7-feet from the northwest corner of the existing residence.
Section 36-156(b) states "All single- and two-family residences shall be separated
from accessory structures by a distance of not less than six (6) feet." Therefore,
the applicant is requesting a variance to allow a retaining wall accessory structure
to be not less than 3.7-feet from the existing residence
Section 36-156(c) states "Accessory buildings or structures in the R-1 through R-
4A districts shall not be located closer than sixty (60) feet to the front property line."
Therefore, the applicant is requesting a variance to allow an accessory structure
to be not less than 19.6-feet from the front property line.
Staff is supportive of the requested setback variances to install a retaining wall at
the property. Staff views the request as reasonable. The front wall will be located
mainly at the southwestern edge of the property's front yard area, and the rear wall
will be located along the east, west, and north perimeters of the property. Staff
views this request as minor in nature and believes the reduced setbacks will have
no adverse impact on the surrounding properties.
E. Staff Recommendation
Staff recommends approval of the requested setback variances to allow the
retaining wall accessory structures to be not less than 19.6-feet from the front
property line and not less than 3.1 feet from the existing residence, and the
requested variances to allow the reduction of the front yard setback to no less than
19.6 feet and the reduction of the rear yard setback to no less than 3.1-feet, with
the following conditions:
NOVEMBER 21, 2024
ITEM NO.: 7 Z-10087
1. Obtain a building permit prior to 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 (NOVEMBER 21, 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 and rear yard
setback variances and reduced allowable distance from the front property line and
existing building for an accessory structure variances 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.
NOVEMBER 21, 2024
ITEM NO.: 8 Z-10057
File No.: Z-10057
Owner: Deltic Real Estate, LLC
Applicant: Timothy Daters, White-Daters & Associates
Address: 2701 Rahling Road
Legal Description: Lot D-4, Tract 201 (Unrecorded) Chenal Valley
Current Zoning: 0-3 and C-1
Present Use: Undeveloped
Proposed Use: Church Structure
Variance(s) Requested. Variances are requested from the development provisions
and the area provisions of Section 36-299 to allow a new
development with an increased lot size, a new structure with
an increased building height and increased floor area.
Justification. The applicant's justification is presented in an attached letter
STAFF REPORT:
A. Plannina and DeveloDment Civil Enoineerina Comments:
No comments.
B. Landscape and Buffer Comments:
All landscaping and buffer areas for the new development must comply with
Chapters 15 and 36 of the City of Little Rock Code of Ordinances.
C. Building Codes Comments.
No Comments required.
D. Analysis:
The 13.26-acre property is located along the east side of Rahling Road, just south
of the intersection of Rahling Road and Pebble Beach Road. The property is
currently undeveloped and mostly open with a wooded area located at the
northeast corner.
NOVEMBER 21, 2024
ITEM NO.: 8 Z-10057
The property generally slopes downward from north to south with a utility easement
along the western perimeter and a centrally located drainage easement running
from east to west. The property has an area along the north perimeter zoned 0-3
with the remainder of the site zoned C-1. The applicant proposes to construct a
large religious structure on the property. The new structure will be located within
the C-1 zoned portion of the site to the south. The proposed structure is anticipated
to exceed twenty-five (25) feet in height, with a total floor area over 10,000 square
feet. The proposed site will have a lot size exceeding five (5) acres.
The applicant is requesting a variance to allow a height to exceed (25)-feet with a
single occupant structure exceeding (10,000) square feet and to plat a lot with an
area greater than (5) acres in a C-1 (commercial) zone.
Sect 36-299(a) states, "The C-1 neighborhood commercial district shall generally
be located at arterial or collector intersections and within walking distance of
residential areas. Such developments shall be designed to accommodate between
one (1) and fifteen (15) stores on a site not more than five (5) acres in size.
Therefore, the applicant is requesting a variance to allow a lot to exceed five (5)
acres in size.
Sect 36-299(b)(2) states, "There shall be a maximum gross leasable area of five
thousand (5,000) square feet per establishment, except that one (1) establishment
may have not more than ten thousand (10,000) square feet. Therefore, the
applicant is requesting a variance for a proposed single use structure with a floor
area exceeding (10,000) square feet.
Sect 36-299(d) states, "No building hereafter erected or structurally altered shall
exceed a height of thirty-five (35) feet. Therefore, the applicant is requesting a
variance to allow a new structure with an increased building height to exceed
twenty- five (25) feet.
E. Staff Recommendation:
Staff recommends approval of the requested lot size, building height, and building
square footage 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. Abide by all site development requirements for 0-3 and C-1 zoned properties.
3. Compliance with the Landscape and Buffer requirements of Chapters 15 and 36
of the City's code
NOVEMBER 21, 2024
ITEM NO: 8 Z-10057
Board of Adjustment (NOVEMBER 21, 2024)
The applicant requested a deferral to the December agenda prior to the November
meeting.
NOVEMBER 21, 2024
ITEM NO.: 9
2025 Board of Adjustment Calendar
Board of Adjustment (NOVEMBER 21, 2024)
Staff presented the proposed 2025 Board of Adjustment Calendar. The proposed
calendar listed no meeting in June of 2025 due to the Juneteenth holiday. The Board
discussed the possibility of moving the meeting to a different date in June. Staff agreed
to investigate changing the date. A motion was made to defer approval of the 2025
calendar to the December agenda. The motion was seconded and passed. The vote was
5 ayes, 0 nays.
BOARD OF ADJUSTMENT - VOTE RECORD
DATE: November 21, 2024 Time: 4:OOPM
Time In / Time Out
In
Out
ALLISON, FRANK
✓
BERTRAM, LAMES
✓
GRINDER, AUSTIN
✓
RUSSELL, JERE MIAH
✓
HARKINS, JAMES
✓
Min Cnst
APPnd;; Regular Agenda
ITEM & VOTE Item Number:
1
3
9
Approve
Approve
Defer
ALLISON, FRANK
✓
✓
✓
X
✓
BERTRAM, JAMES
✓
✓
✓
X
✓
GRINDER, AUSTIN
✓
✓
R
X
✓
RUSSELL, JEREMIAH
✓
✓
✓
X
✓
HARKINS, JAMES
✓
✓
✓
X
✓
SAYE XNAYE A ABSENT R RECUSE Meeting Adjourned 4:31 PM
NOVEMBER 21, 2024
There being no further business before the Board, the meeting was adjourned at 4:31
P. M.
Date
Chairman Secretary