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HomeMy WebLinkAboutboa_01 16 2025 MINUTES LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE JANUARY 16, 2025 4:00 PM I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the December 19, 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 JANUARY 16, 2025 4:00 PM I. Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. II. Approval of the Minutes of the December 19, 2024 meeting of the Board of Adjustment Members Present: Frank Allison - Chairman Austin Grinder – Vice Chair James Harkins Richard Bertram Members Absent: Jeremiah Russell City Attorney Present: Cameron Bowden MINUTES LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA JANUARY 16, 2025 4:00 PM NEW BUSINESS: Item Number: File Number: Address: 1. Z-10098 28 Scenic Point A variance is requested from the area provisions of Section 36-254 to allow a reduced front yard setback in an R-2 zoning. A variance is requested from the building line regulations of Sec. 31-12 to allow the encroachment of a structure across a platted building line. 2. Z-10099 5908 Stonewall Road A variance is requested from the area provisions of Section 36-254(d)(3) to allow a reduced rear yard setback in an R-2 zoning. 3. Z-10093 30 Windsor Dr A variance is requested from the area provisions of Section 36-254 (d)(2) to allow a residence with reduced side yard setback. 1 NEW BUSINESS: Item Number: File Number: Address: 4. Z-10094 1 Dover Dr A variance is requested from the area provisions of Section 36-254(d)(2) to allow a residence with reduced side yard setback. 5. Z-10068 4900 W 31st St A variance is requested from the area provisions of Section 36-255 (d)(2) to allow a new residence with reduced side yard setback. 6. Nominations for 2025 Officers 2 JANUARY 16, 2025 ITEM NO.: 1 Z-10098 1 File No.: Z-10098 Owner: Jack Yeager Applicant: Gordon Duckworth Address: 28 Scenic Point Legal Description: Lot 28, Scenic Heights Addition to the City of Little Rock, Pulaski County 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 to allow a reduced front yard setback in an R-2 zoning. A variance is requested from the building line regulations of Sec. 31-12 to allow the encroachment of a structure across a platted building line. 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. JANUARY 16, 2025 ITEM NO.: 1 Z-10098 2 D. Analysis The property located at 28 Scenic Point is currently occupied by a single-story masonry single-family residence in the Heights Overlay District. The survey shows a lot width of 60.7 feet at the front (south) property line and 145.46 feet at the rear (north) property line, with a lot depth of 173.32 feet at the left (west) property line and 176.8 feet at the right (east) property line. The applicant is proposing to convert the existing carport into a single-story enclosed garage. The expanded building footprint will be extended into the front yard setback across the building line. The new garage will have 32-inch by 80-inch doors on the east and west side and a 7-foot by 18-foot section garage door in the front. The sketch indicates that garage expansion will be located 10-feet from the south (front) property line and extend south 8-feet beyond the platted building line. Section 36-254(d)(1) states “There shall be a front yard setback having a depth of not less than twenty-five (25) feet.” The new garage will be 16-feet from the front property line. Therefore, the applicant is requesting a variance to allow the front yard setback to be reduced to no less than 10-feet. Section 31-12(b) of the City's Subdivision Ordinance states, "In those instances where a recorded subdivision plat has established building setback lines in accordance with this chapter, variances of those lines shall only be granted by the Board of Adjustment." Therefore, the applicant is requesting a variance to allow a reduction of the 20-foot platted rear building line to 10-feet. In Staff's opinion, the proposed building line adjustment, poses no negative effect upon the health, safety, or welfare of the general public, and does not detract from the value or aesthetic of the neighborhood or surrounding properties. In addition, Staff finds the request to generally be in conformance with the development pattern in the neighborhood. Based on the above assessment and analysis, Staff finds the requested variances to be reasonable. If the Board approves the requested building line setback variance, the applicant must then produce a one-lot replat reflecting the approved change. As such, the applicant must also review filing procedures with the County Clerk's office to determine if the replat will require a revised Bill of Assurance and respond as necessary and appropriate, as part of said replat. E. Staff Recommendation: Staff recommends approval of the requested front yard setback to no less than sixteen (16) feet, subject to the following conditions: 1. Obtain a building permit prior to construction. JANUARY 16, 2025 ITEM NO.: 1 Z-10098 3 2. Install trees, if deemed applicable at the time of building permit, in accordance with the Heights Design Overlay District requirements. 3. A replat of the property be performed and filed. Board of Adjustment JANUARY 16, 2025 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 4 ayes, 0 nays, 1 absent. JANUARY 16, 2025 ITEM NO.: 2 Z-10099 1 File No.: Z-10099 Owner: Don Berardi Applicant: Tom Fennel Address: 5908 Stonewall Road Legal Description: Lot 119R, Forest Heights Place, 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 reduced rear yard setback in an R-2 zoning. 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 5908 Stonewall Road is currently occupied by a two-story masonry single-family residence in the Heights Overlay District. The survey shows JANUARY 16, 2025 ITEM NO.: 2 Z-10099 2 a lot width of 105 feet and a lot depth of 135 feet. The existing residence is positioned towards the west side of the lot with an attached two-story garage in the rear yard. The existing garage is 6.7 feet from the rear property line. The applicant is proposing to expand the residence with two separate additions. One will be an additional living space attached to the east side of the existing residence. This addition will be within the allowed setbacks. The second addition will be attached to the east side of the existing garage and will be 6-feet 9-inches from 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.” The existing garage is 6.7 feet from the rear property line, and the addition will be 6-feet 9-inches from the rear property line. Therefore, the applicant is requesting a variance to allow the rear yard setback to be reduced to no less than 6.7 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 should have no adverse impact on the surrounding properties. E. STAFF RECOMMENDATION: Staff recommends approval of the requested rear yard setback to no less than 6.7 feet, 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 JANUARY 16, 2025 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 4 ayes, 0 nays, 1 absent. JANUARY 16, 2025 ITEM NO.: 3 Z-10093 1 File No.: Z-10093 Owner: L2 Patterson – L2 Investments Applicant: Juan Martinez Address: 30 Windsor Dr Legal Description: Lot 524, Meadowcliff 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)(2) to allow a 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. Landscape And Buffer Comments: No comments. C. Building Codes Comments: No Comments. D. Analysis: The property located at 30 Windsor Drive is currently occupied by a single-story wood frame single family residence. The survey shows a lot width of 73 feet and a depth of 140 feet. The residence sits angled on the lot with the front of the structure facing northeast, as opposed to the residences on either side that face directly east towards Windsor Drive. JANUARY 16, 2025 ITEM NO.: 3 Z-10093 2 The applicant is proposing to enlarge the existing carport and add storage space. The new carport addition will have a width of 19.7 feet, and a depth of 23.38 feet. The north corner of the carport will be 1.3 feet from the side (north) property line. Section 36-254(d)(2) states “There shall be a side yard setback 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 a reduction of the side yard setback to no less than 1.3 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 side yard setback to no more than 1.3 feet, subject to the following conditions: 1. Obtain a building permit prior to construction. Board of Adjustment JANUARY 16, 2025 Item 3 was deferred to the February 2025 agenda before the start of the meeting due to a failure to send notice of hearing notifications by the applicant. JANUARY 16, 2025 ITEM NO.: 4 Z-10094 1 File No.: Z-10094 Owner: ReeShema Britt Applicant: ReeShema Britt Address: 1 Dover Dr Legal Description: Lot 254 Kensington Place Phase II 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)(2) to allow a 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. Landscape and Buffer Comments: No comments. C. Building Codes Comments: No Comments. D. Analysis: The property located at 1 Dover Drive is currently occupied by a single-story masonry single family residence. The residence is centrally located on the lot with an existing pool and two accessory structures in the rear yard. There is a utility easement along the south (side) and east (rear) property lines. JANUARY 16, 2025 ITEM NO.: 4 Z-10094 2 The applicant is proposing to construct an addition to the northwest corner of the residence. The proposed addition would add eight (8) feet to the front face of the residence and extend sixteen (16) feet along the north side of the residence. The addition will be 4.2 feet from the north side property line. Section 36-254(d)(2) states “There shall be a side yard setback on each side of the building having a width of not less than ten (10) feet.” Therefore, the applicant is requesting a variance to allow a reduction of the side yard setback to no more than 4.2 feet. Staff finds the request to generally be in conformance with the development pattern in the area. Based on the above assessment and analysis, staff finds the request to be reasonable. E. Staff Recommendation: Staff recommends approval of the requested side yard setback to no more than 4.2 feet, subject to the following conditions: 1. Obtain a building permit prior to construction. Board of Adjustment JANUARY 16, 2025 The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the 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 4 ayes, 0 nays, 1 absent. JANUARY 16, 2025 ITEM NO.: 5 Z-10068 1 File No.: Z-10068 Owners: Sarah Williams Applicant: Francisca Martinez (Agent) Address: 4900 W 31st 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. Landscape and Buffer Comments: No comments. C. Building Codes Comments: No Comments. D. 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 JANUARY 16, 2025 ITEM NO.: 5 Z-10068 2 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 JANUARY 16, 2025 Item 5 was deferred to the February 2025 agenda before the start of the meeting due to a failure to send notice of hearing notifications by the applicant. JANUARY 16, 2025 ITEM NO.: 6 1 Nominations for 2025 Officers Frank Allison for Chair, The vote was 3 ayes, 0 nays, 1 absent. Austin Grinder for Vice- Chair, The vote was 3 ayes, 0 nays, 1 absent. BOARD OF ADJUSTMENT - VOTE RECORD DATE: January 16, 2025 Time: 4:OOPM Time In / Time Out In Out _ ALLISON, FRANK BERTRAM, JAMES Vol' GRINDER, AUSTIN RUSSELL, JEREMIAH A HARKIN5, JAM ES ITEM & VOTE Item Number: ALLISON, FRANK BERTRAM, JAMES GRINDER, AUSTIN RUSSELL, JEREMIAH HARKINS, JAME5 12025 OFFICER ELECTIONS Cnst Min A A "I I ,/ Jar Agenda F. Allison - Chair, A. Grinder - Vice Chair AYE XNAYE A ABSENT R RECUSE MEETING ADJOURNED: 4:25 PM JANUARY 16, 2025 There being no further business before the Board, the meeting was adjourned at 4:25 p.m. Date: Chairman Secretary