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HomeMy WebLinkAboutboa_03 20 2025MINUTES LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE MARCH 20, 2025 4:00 PM I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the January 16, 2025 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 MARCH 20, 2025 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 January 16, 2025 meeting of the Board of Adjustment Members Present: Frank Allison - Chairman Austin Grinder —Vice Chair James Harkins Members Absent: Richard Bertram Jeremiah Russell City Attorney Present: Cameron Bowden MINUTES LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA MARCH 20, 2025 4:00 PM NEW BUSINESS: Item Number: File Number: Address: 1. Z-10137 1819 North Harrison Street A variance is requested from area regulations of Sec. 36-254 to allow a reduced rear yard setback in the R-2 district A variance is requested from area regulations of Sec.36-254 to allow a reduced front yard setback in the R-2 district. 2. Z-10138 2000 Country Club Lane A variance is requested from area regulations of Section 36-156 to allow an accessory structure to be less than six (6) feet from a residence. A variance is requested from the area regulations of Section 36-156 to allow an accessory structure to be closer than fifteen (15) feet from a street sideline. A variance is requested from area regulations of Section 36-156 to allow an accessory structure to be less than three (3) feet from a rear property line. NEW BUSINESS: Item Number: File Number: Address: 3. Z-10139 5 Stable Run Court Variances are requested from the Use Regulations of Section 36-253(b)(6) to allow a single-family residence to have a second kitchen without a home occupation use. 4. Z-10108 53 Bentley Drive A variance is requested from area regulations of Sec. 36-254 to allow a reduced rear yard setback in the R-2 district. A variance is requested from the area provisions of Section 36-11 to allow an accessible ramp to encroach into a platted utility easement. 5. Z-10109 3100 Woodgate Drive A variance is requested from area regulations of Sec. 36-254 to allow a reduced rear yard setback in the R-2 district. 6. Z-10110 3410 1 Street A variance is requested from the area provisions of Section 36-254 to allow a residence with a reduced front yard setback. NEW BUSINESS: Item Number: File Number: Address: 7. Z-10093 30 Windsor Dr A variance is requested from the area provisions of Section 36-254 to allow a residence with reduced side yard setback. 8 Z-10140 28214 Chenal Valley Drive A variance is requested area provisions of Section 29-190 to allow land alteration and a retaining wall accessory structure to exceed the permitted heights. 9 Z-10068 4900 W 31 st St A variance is requested from the area provisions of Section 36-255 to allow a reduced side yard setback in an R-2 District. MARCH 20, 2025 ITEM NO. 1 Z-10137 File No.: Z-10137 Owners: Jeff Fuller Homes, LLC Applicant: Jeff Fuller (Owner/Agent) Address: 1819 North Harrison Street Legal Description: Lot 5, Block 1, Englewood Addition to the City of Little Rock, Pulaski County, Arkansas 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 rear yard setback in the R-2 district. A variance is requested from area regulations of Sec.36-254 to allow a reduced front 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: 1. The plat shows Newton St. as an alley and that needs to be revised. 2. If street improvements are ever proposed, this variance would not allow for the road widening. 3. If reduction of rear setback is wanted, a distance no closer than 7 feet to the property line will be acceptable. B. Buffering and Landscape Comments: No Comments. C. Building Codes Comments: As per 2021 Arkansas Fire Prevention Code Volume III R302.1(1) Single Family Dwellings have the following requirements when dealing with Dwellings that are closer than 7' from the property line: 1 MARCH 20, 2025 ITEM NO. 1 1. If the soffit assembly extends inside of 5' from the property line, it must be constructed with fire -treated materials. 5/8" Type "X" Drywall, stucco, fire treated plywood or some other fire treated material on underside of the soffit, fire treated fascia, elimination of soffit vents and gable vents and crawl space vents on the affected portion of the wall. Note: Vents must be relocated to ensure proper venting of the attic space. a. Exceptions to this are to fire block this section of the exterior wall from the top plate to the underside of the roof decking and to fire caulk the blocking at all joints. 2. As per 2021 Arkansas Fire Prevention Code Volume III R302.1(1) Single Family Dwellings have the following requirements when dealing with Dwellings that are closer than 5' from the property line: a. Exterior walls from 3 to 5' from the property line must be constructed of 1-hour fire rated material and the soffit must be constructed from 1-hour fire rated material. Soffit and gable vents are not allowed, and venting must be relocated to adjacent roof and wall sections. b. Fire Treated roof decking must extend 4' up the roof as per the Authority having jurisdiction. c. In applications 3' to 5' from the dwelling unit to the property line exterior windows are not allowed to exceed 25% of the wall area. 3. Zero Lot Line Construction must be processed through Zoning for such allowances. Once processed the following requirements apply. a. No part of the footing/foundation is allowed to extend beyond the property line. b. No overhang is allowed closer than 2' from the property line and must be constructed from 1-hour fire- treated materials. c. Roof decking must have 4' of fire treated material for the entire length of the wall and turning 4' along the adjacent wall with hip roof construction. d. No windows or doors are allowed when the exterior wall is less than 3' from the property line. Windows are required in all sleeping rooms. Utilities: Utilities are permitted below grade on property but cannot enter where dwellings are located less than 7' from the property line. HVAC Units must be located on dwelling unit property. D. Staff Analysis: The R-2 zoned property is located at 1819 Harrison Street. The lot is currently occupied by a one -level single family residence with a single -story accessory structure in the rear yard area. The applicant proposes to remove the existing structures and construct a new two level 5,254 square foot single-family residence on the lot. The applicant states that the proposed layout is necessary to provide garages to accommodate multiple vehicles with access to the adjacent street. The site plan indicates that the new structure will extend from east to west upon the lot to the rear (east) property line abutting Newton Street and have a paved access drive connecting to the garage area. 2 MARCH 20, 2025 ITEM NO. 1 Z-10137 The applicant proposes to commence the front of the new residence at 22.45 feet aligning it with the surrounding houses, thus reducing the front (west) yard setback by 2.55-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." 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 (zero) 0-feet. 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 new residence to be constructed with a reduced front yard setback of 22.45 feet along the front (west) property line. Staff believes that the proposed reduction in setbacks is insufficient to support the required width for future expansion of Newton Street nor allow for the required perimeter buffers and landscaping required by the Heights Landscape Overlay District requirements. The location of the proposed structure shown on the submitted site plan does not adherence to fire code requirements for proximity to other structures. Staff believes the proposed encroachment of the structure is too intense for the site will have an adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends denial of the requested variances. Board of Adjustment (MARCH 20, 2025) Was deferred to the April Agenda by request of the applicant. 3 MARCH 20, 2025 ITEM NO.: 2 Z-10138 File No: Z-10138 Owner: David Ritchey Applicant: Mark Caruthers (Agent) Address: 2000 Country Club Lane Legal Description: Lot 17 and 18, Block 2, Country Club Heights Addition to the City of Litte Rock Current Zoning: R-2 Present Use: Single -Family Residence Proposed Use: Single -Family Residence Variance(s) Requested: A variance is requested from area regulations of Section 36-156 to allow an accessory structure to be less than six (6) feet from a residence. A variance is requested from the area regulations of Section 36-156 to allow an accessory structure to be closer than fifteen (15) feet from a street sideline. A variance is requested from area regulations of Section 36-156 to allow an accessory structure to be less than three (3) feet from a rear property line. Justification: The applicant's justification is presented in the attached letter. STAFF REPORT: A. Planning and Development Civil Engineering_Comments: 1. A driveway shall be a minimum of 5ft off the property line. 2. The proposed fireplace would need a variance for being within the setback. 3. The proposed wall shows to be in the right-of-way, and this is not allowed unless a franchise permit is given. Also, any wall 4ft in height or taller shall be permitted and shall have a set of engineered plans, profiles, and calculations. If application for franchise permit is denied, a revised site plan must be submitted showing relocated wall on property. 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 1 MARCH 20, 2025 ITEM NO.: 2 Z-10138 the Heights District boundary, applicable to [among, other types] residential construction in excess of 600 square feet. B. Building Codes Comments: As a Carriage House this structure is evaluated as a single-family dwelling and must meet all single-family dwelling codes and ordinances. As per 2021 Arkansas Fire Prevention Code Volume III R302.1(1) Single Family Dwellings have the following requirements when dealing with Dwellings that are closer than 7' from the property line: 1. If the soffit assembly extends inside of 5' from the property line, it must be constructed with fire -treated materials. 5/8" Type "X" Drywall, stucco, fire treated plywood or some other fire treated material on underside of the soffit, fire treated fascia, elimination of soffit vents and gable vents and crawl space vents on the affected portion of the wall. Note: Vents must be relocated to ensure proper venting of the attic space. a. Exceptions to this are to fire block this section of the exterior wall from the top plate to the underside of the roof decking and to fire caulk the blocking at all joints. 2. As per 2021 Arkansas Fire Prevention Code Volume III R302.1(1) Single Family Dwellings have the following requirements when dealing with Dwellings that are closer than 5' from the property line: a. Exterior walls from 3 to 5' from the property line must be constructed of 1-hour fire rated material and the soffit must be constructed from 1-hour fire rated material. Soffit and gable vents are not allowed, and venting must be relocated to adjacent roof and wall sections. b. Fire Treated roof decking must extend 4' up the roof as per the Authority having jurisdiction. c. In applications 3' to 5' from the dwelling unit to the property line exterior windows are not allowed to exceed 25% of the wall area. 3. Zero Lot Line Construction must be processed through Zoning for such allowances. Once processed the following requirements apply. a. No part of the footing/foundation is allowed to extend beyond the property line. b. No overhang is allowed closer than 2' from the property line and must be constructed from 1-hour fire treated materials. c. Roof decking must have 4' of fire treated material for the entire length of the wall and turning 4' along the adjacent wall with hip roof construction. d. No windows or doors are allowed when the exterior wall is less than 3' from the property line. Windows are required in all sleeping rooms. Utilities: Utilities are permitted below grade on property but cannot enter where dwellings are located less than 7' from the property line. HVAC Units must be located on dwelling unit property. NOTE: Garage level is required to have an exit door opening to the outside. NOTE: Carbon Monoxide detectors are required on both levels of this occupancy. NOTE: Stair must be constructed as a closed stair so as not to allow airflow from the lower to upper floor. NOTE: Floor assembly is not allowed to have any penetrations allowing air to flow from lower to upper floor. 2 MARCH 20, 2025 ITEM NO.: 2 Z-10138 NOTE: Email crichey@littlerock.gov to note compliance with requirements listed above. C. Staff Analysis: The R-2 zoned property located at 2000 Country Club Lane is occupied by a two- story single-family residence with an existing garage structure located at the southwest corner of the property. The property is located on the northwest corner of the intersection of Country Club Lane and Club Road. The survey indicates a lot with a width of 120.26 feet and a depth of 145.48-feet. The centrally located residence is set 50 feet from the front (east) property line, 17.6- feet from the north property line, 32-feet from the south side property line, and 44.7- feet from the rear (west) property line abutting a closed alley. As part of the improvement to the property, the applicant proposes to remove the existing garage structure at the southwest corner of the property and construct a new 1,800-square foot accessory garage structure with living -space. The applicant states that the new structure will have an occupiable space connecting to the rear yard area to the north and a garage area on the lower level with a paved access drive connecting to Club Road to the south. The site plan indicates that the new structure will be located 3-feet from the rear (west) property line, 3-feet from the south (side) property line and 5-feet from the southwest corner of the primary residence. The applicant states that the new garage structure will be located in approximately the same location as the former non -conforming structure. The submitted site plan indicates the applicant intends to construct a 150 square foot shed to the west of the residence in the rear yard area within 1-foot of the rear property line along with a new exterior fireplace structure located 10-feet north of the new carriage house structure and 3.2 feet from the rear property line. Both structures are indicated to be within the east half of the closed alleyway. Section 36-156 (a)(2)(b) of the City's Zoning Ordinance to have a separation of not less than 6-feet from the residence. Therefore, a variance is requested from the area regulations to allow an accessory structure to be no less than five (5) feet from a residence. Sec. 36-156(a)(2)(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, fifteen (15) feet from a street sideline and may not occupy more than thirty (30) percent of the required rear yard area..." Therefore, the applicant is requesting a variance to allow the proposed accessory garage structure to be located less than 15-feet from a street sideline. Section 36-156 (a)(2)(f) states "Accessory buildings shall maintain at least a three- foot setback from any side or rear yard property line except where said rear yard 3 MARCH 20, 2025 ITEM NO.: 2 Z-10138 abuts on a dedicated alley." Therefore, the applicant is requesting a variance to allow accessory structure reduced rear yard setback to less than three (3) feet. Staff is supportive of the requested variances for the accessory structures. Staff views the request as reasonable. The new structures will be located mainly along the east bordering the closed alley and south bordering Country Club Lane. Staff believes that the reduced setbacks will have no adverse impact on the surrounding properties. E. STAFF RECOMMENDATION: Staff recommends approval of the requested 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 permitting, in accordance with Heights Design Overlay District requirements. 3. All construction building codes being applied to meet separation requirements. 4. Retaining wall franchise agreement application submitted to city department. Board of Adjustment (MARCH 20, 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 3 ayes, 0 nays, 2 absent. 4 MARCH 20, 2025 ITEM NO.: 3 Z-10139 FILE No. Z-10139 OWNER: Shawkat Ali APPLICANT: Shawkat Ali ADDRESS: 5 Stable Run Court LEGAL DESCRIPTION: Lot 1R, Phase II, of the replat of Lots 1,2 and 110 of Carriage Creek Subdivision, an addition to the City of Little Rock, Pulaski County, Arkansas ' CURRENT ZONING: R-2 PRESENT USE: Single -Family Residence PROPOSED USE: Single -Family Residence VARIANCE(S) REQUESTED: Variances are requested from the Use Regulations of Section 36-253(b)(6) to allow a single-family residence to have a second kitchen without a home occupation use. 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 required. D. ANALYSIS: The property located at 5 Stable Run Court is occupied by a single-family residence under construction. The property is located on the southeast corner of the intersection of Stable Run Court and Ridgehaven Road. The applicant proposes to construct a second (spice) kitchen within the footprint of the primary residence. The proposed spice kitchen will include a sink, stove top, 1 MARCH 20, 2025 ITEM NO.: 3 FILE NO.: Z-10139 and refrigerator along with upper and lower cabinetry associated with food preparation areas. This proposed kitchen area will in in addition to the main or primary kitchen area located nearby on the main floor of the residence. The applicant states that this smaller secondary kitchen referred to as a "Spice Kitchen", is designed to address cultural and practical needs specific for the family to prepare traditional Indian dishes which produce strong aromas, which must be contained. Section 36-253(b)(6)(9) of the City of Little Rock Zoning Ordinance allows the construction of a "duplicate" kitchen in an R-2 zoning with a "Home Occupation" area designation. Therefore, the applicant is requesting a variance to allow the construction of a second "spice" kitchen (food prep) area within a single-family residence without a "Home Occupation" designation. Staff is supportive of the requested variance. Staff views the request as reasonable if the construction of the kitchen complies with all applicable codes and city ordinances. The proposed additional kitchen has essentially the same function as the primary kitchen and is not viewed as detracting from the overall function or use of the property. Staff believes the proposed interior plan modification will have no adverse impact on the surrounding properties. E. Staff Recommendation Staff recommends approval of the requested secondary kitchen without a home occupation 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. Design and construction of residence will adhere to all city ordinances and construction codes. Board of Adjustment (MARCH 20, 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 3 ayes, 0 nays, 2 absent. 2 MARCH 20, 2025 ITEM NO. 4 Z-10108 File No.: Z-10108 Owners: Ronald G. Parks Applicant: Ronald G. Parks Address: 53 Bentley Drive Legal Description: Lot 41, Bentley Court 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 rear yard setback in the R-2 district. A variance is requested from the area provisions of Section 36-11 to allow an accessible ramp to encroach into a platted utility easement. Justification: The applicant's justification is presented as per the attached letter. STAFF REPORT A. PIanning and DeveIopment 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 53 Bentley Circle is occupied by a one-story single-family residence. A paved access driveway connecting to Bentley Circle is located along the east perimeter of the front yard area and an existing wood frame deck is located at the rear of the residence. The site plan indicates that the existing 325-square foot wood frame deck is partially covered and extends south from the residence approximately 25-feet 1 MARCH 20, 2025 ITEM NO. 4 Z- 10108 ending in alignment with the rear wall of the residence. This existing portion of the residence extends approximately 15-feet into the rear (south) yard setback and is discontinued along the perimeter of an existing 10-foot easement. The applicant proposes to remove the existing deck and construct a new 625- square foot addition to the rear of the residence. The applicant states the addition will contain an accessible sleeping area with bath. The site plan indicates that the addition will increase the overall square footage of the residence to 2,978 square feet. The site plan further indicates that the applicant proposes to additionally construct a wood frame ramp that extends from east to west along the south perimeter of the residence. As part of the proposed addition the new ramp will extend from a new centrally located doorway and connect to a paved walkway along the east perimeter of the residence. The new paved walkway extends north connecting to the paved driveway at the front of the residence. On April 30, 2012, the Board approved a variance to allow the applicant to construct a 440-square foot addition to the original residence which extends 15- feet into the rear yard setback. The applicant states that the request for the new addition is to accommodate their evolving needs as they age. 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 the extension and expansion of the primary structure into the rear yard setback area, reducing the setback to no less than 10-feet. Section 36-11 (f) sates, "No building or structure as defined in this chapter shall be erected, converted, reconstructed, or structurally altered that encroaches on, over or into any easement. This includes drainage, utility access or use easements within the boundary of any lot of record, platted or otherwise established. For purposes of fence placement within easements, fences shall not be constructed to be a building or structure." Therefore, the applicant is requesting to construct an accessible wood frame ramp 5.4-feet into the platted utility easement. Staff views the variances requested as reasonable. The proposed reduced south rear yard setback will not be evidently out of character with the surrounding developments. The south utility easement encroachment will only expand the building to the 25-foot building line and would normally follow all code requirements. Additionally, the applicant has provided documentation from the utility companies stating that they have no objections to the requested variances. D. Staff Recommendation: Staff recommends approval of the requested south rear yard setback reduction from 25-feet to 10-feet. Staff also recommends approval of the proposed construction of an accessible ramp into the south utility easement reducing the utility easement 6 MARCH 20, 2025 ITEM NO. 4 Z-10108 from 10 feet to 5-feet. Both variances are subject to the of above analysis, attached survey/site plan, and subject to compliance with the city building code requirements. Board of Adjustment (MARCH 20, 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 3 ayes, 0 nays, 2 absent. 3 MARCH 20, 2025 ITEM NO. 5 Z-10109 File No.: Z-10109 Owners: Charles and Vanessa McDaniel Applicant: David McDaniel Address: 3100 Woodgate Drive Legal Description: Lot 4, Block 9, Woodland's Edge, 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 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 as per the attached letter. STAFF REPORT A. Planninq and Development Civil En ineerin Comments: No Comments. B. Buffering and Landscape Comments: No Comments. C. Building Codes Comments: No Comments. D. Staff Analysis: The property located at 3100 Woodsgate Drive is occupied by a two-story single- family residence. A paved access driveway connecting to Woodsgate Drive is located along the west perimeter of the property and a semicircular drive is located in the front yard area. The corner lot has sidewalk along the east perimeter of the site and an existing wood frame deck is located at the rear of the residence. The site plan indicates that an existing 96-square foot wood frame deck is centrally located along the rear (north) side of the residence and extends into the rear yard area with a stair at the northeast corner of the deck. 1 MARCH 20, 2025 ITEM NO. 5 Z-10109 The applicant proposes to remove the existing deck and construct a new 552- square foot deck with roof structure and covered stairs along the rear of the residence. The applicant states the new wood frame roof will connect to the primary structure and will extend from east west and extend north 12-feet into the rear yard area. The site plan indicates that the new deck structure will extend into the rear yard setback to within one (1) foot of the rear (north) property line bordering an 18-foot greenspace buffer area. The applicant states that the perimeter greenspace buffer is owned by the Woodlands Edge Community Association which must grant approval for the new deck location prior to start of construction. 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 the extension and expansion of a wood deck structure into the rear yard setback area, reducing the setback to no less than one (1) foot. Staff is supportive of the requested variance. Staff views the requests as reasonable and believes that the requested setback variance will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested rear yard setback reduction from twenty-five (25) feet to a minimum of one (1) foot, with the following conditions: 1. A building permit being obtained for all construction. Board of Adjustment (MARCH 20, 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 3 ayes, 0 nays, 2 absent. 2 MARCH 20, 2025 ITEM NO.: 6 FILE NO.: Z-10110 FILE No.: Z-10110 OWNER: Sandra Steele APPLICANT: Scott Smith — Smith Associates Architects ADDRESS: 3410 1 Street LEGAL DESCRIPTION: The West 1/3 of the East 2/3 of Lots 7, 8, and 9, Block 6, East 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 front yard setback. JUSTIFICATION: The applicant's justification is presented in an attached letter. STAFF REPORT: A. PLANNING AND DEVELOPMENT CIVIL ENGINEERING COMMENTS: Per City Code 30-43: A Driveway can only be 40% of the total lot width. Driveway layout proposed on submitted plan is non -compliant. B. LANDSCAPE AND BUFFER COMMENTS: No Comments. C. BUILDING CODES COMMENTS: No comments required. D. ANALYSIS: The property at 3410 "1" St is in a predominantly R-2 zoned neighborhood, within the Hillcrest Landscape Design Overlay District. The subject property is located on the north side of "I" Street, adjacent to an existing end of the street. A two-lane driveway attaches the street to an existing walkway into the residence. 1 MARCH 20, 2025 ITEM NO.: 6 FILE NO.: Z-10110 The applicant is proposing to construct a single -story covered accessory carport structure along the south perimeter of the existing residence, as noted on the attached site plan. The applicant has stated that the new construction will occupy 18-foot x 20-foot footprint on the south side of the house connecting to an existing paved two -car drive leading south to "I" Street. The new structure will be located approximately one foot- five inches (1.5) feet back from the front property line and maintain a 10.5-foot side (west) setback and a 12- foot side setback to the east property line. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum 25-foot front building setback for R- 2 zoned lots. Section 36-156(2)(c) requires an accessory structure to be located minimum 60-feet from the front property line. Therefore, the applicant is requesting variances from these ordinance requirements to allow the proposed covered carport accessory structure with reduced front yard setback and to be located less than 60-feet from the front property line. Staff is supportive of the requested variances. Staff views the request as reasonable. The proposed construction will have setbacks relatable to the residence immediately to the west. Staff believes the proposed structure location at the front of the house will have no adverse impact on the adjacent properties or the general area. E. Staff Recommendation. Staff recommends approval of the requested front yard setback reduction from 25- feet to a minimum of 1.5-feet and the location of an accessory structure within the front yard setback located no less than 1.5-feet from the property line as outlined in the staff analysis and indicated on the attached sketch, subject to the following conditions: 1. A building permit being obtained for all construction. 2. Comply with all regulations at the time of building permit, in accordance with the Hillcrest Design Overlay District requirements. Board of Adjustment (MARCH 20, 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 3 ayes, 0 nays, 2 absent. 2 MARCH 20, 2025 ITEM NO.: 7 Z-10093 File No.: Z-10093 Owners: 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. Plannina 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. MARCH 20, 2025 ITEM NO. 7 Z-10093 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 (December 19, 2024) Item 4 was deferred to the January 2025 agenda before the start of the meeting due to a failure to send notice of hearing notifications by the applicant. Board of Adjustment (JAN UARY 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. Board of Adjustment (FEBRUARY 20, 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. Board of Adjustment (MARCH 20, 2025) Item was withdrawn without prejudice as the applicant failed to complete notifications to surrounding property owners, and the application has previously been deferred twice. MARCH 20, 2025 ITEM NO.: 8 Z-10140 File No.: Z-10140 Owner: Christ Community Church of Little Rock Applicant: Josh Peabody (Agent) Kinco Contractors LLCC Address: 28214 Chenal Valley Drive Description- East side of Chenal Parkway, north of Chenal Valley Drive Zoned: R-2 / C-2 Variance(s) Requested: A variance is requested area provisions of Section 29- 190 to allow land alteration and a retaining wall accessory structure to exceed the permitted heights. Justification: The applicant's justification is presented in an attached letter. Present Use: Vacant Proposed Use: Religious Facility 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. Staff Analysis: The R-2 / C-4 zoned property located at the northeast corner of Chenal Parkway and Chenal Valley Drive is currently vacant, but the developer has submitted plans to construct an religious facility at the site (Christ Community Church). The surrounding area is a mix of residential developments and commercial uses. MARCH 20, 2025 ITEM NO.: 8 FILE NO.: Z-10140 The applicant is proposing to place a retaining wall structure along the west perimeter of the parking area. The site plan indicates that the wall is proposed to exceed the allowed height of fifteen (15) feet. The proposed parking area extends from north to south in a circular shape around the proposed structure with paved access drives extending to the south. The applicant states that the extreme slope of the site does allow for a more feasible solution to support the needs of the project. If the applicant was to conform with the height requirement as per city code, this would hinder the ability of the developer to provide adequate parking at the facility. At the site, there are also substantial grade changes needed to provide safe parking lot slopes for pedestrian and vehicular travel. Section 29-190 1 (d) states that "Cuts or fills shall be limited to ten (10) feet in height or to fifteen (15) feet if architectural stone is included to protect the vertical face. A series of smaller cuts or fills with terraces, preserving portions of natural vegetation and providing areas for planting, shall be used in situations where more than ten (10) feet of cut or fill is needed." Therefore, the applicant is requesting a variance to allow a "cut" land alteration to exceed ten (10) feet in height with a retaining wall. Section 29-190 1 (e) states that "Terracing width shall be at a ratio of at least one (1) foot of horizontal terrace for every one (1) foot of vertical height, up to a maximum of ten (10) feet. Terraces shall be landscaped with dense evergreen plantings sufficient to screen the cut or fill slope. The terrace may be sloped to drain up to one (1) foot in ten (10) feet of width." Therefore, the applicant is requesting a variance to allow a terrace to exceed ten (10) feet in height. Staff is supportive of the requested accessory retaining wall structure height variance to install a retaining wall at the site which exceeds fifteen (15) feet. Staff views the request as reasonable. The wall will be located mainly along the northern perimeter of the property adjacent to an undeveloped and staff believes this request will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested land alteration, terrace height, and retaining wall height 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 C-2 zoned properties and for all of the Chenal Overlay District requirements. Board of Adjustment (MARCH 20, 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 3 ayes, 0 nays, 2 absent. 2 MARCH 20, 2025 ITEM NO.: 9 Z-10068 File No.: Z-10068 Owners: 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 Current Zoning: 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 to allow a reduced side yard setback in the R-2 district. Justification: The applicant's justification is presented in an attached letter. STAFF REPORT: A. Pianning 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 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. MARCH 20, 2025 ITEM NO. 9 Z-10068 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. Board of Adjustment (DECEMBER 19, 2024) Item 4 was deferred to the January 2025 agenda before the start of the meeting due to a failure to send notice of hearing notifications by the applicant. 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. Board of Adjustment (MARCH 20, 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 3 ayes, 0 nays, 2 absent. BOARD OF ADJUSTMENT - VOTE RECORD DATE: March 20 2025 Time: 4:OOPM Time In / Time Out In Out ALLISON, FRANK ✓ BERTRAM, JAMES A GRINDER, AUSTIN ✓ RUSSELL, JEREMIAH A HARKINS, JAMES ✓ I j Cnst Min PLuane a Regular Aeenda ITEM & VOTE Item Number: ALLISON, FRANK ✓ ✓ BERTRAM, JAMES A A GRINDER, AUSTIN ✓ ✓ RUSSELL, JEREMIAH A A HARKINS, JAMES ✓ ✓ 2025 OFFICER ELECTIONS F. Allison - Chair, A. Grinder - Vice Chair AYE XJAYE A ABSENT R► RECUSE M MEETING ADJOURNED: 4:08 PM CRETARYMARCH 20, 2025 There being no further business before the Board, the meeting was adjourned at 4:08 p.m. Date: Chairman Secretary