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HomeMy WebLinkAboutboa_04 17 2025MINUTES LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE APRIL 17, 2025 4:00 PM I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the March 20, 2025 meeting of the Board of Adjustment III. Presentation of Consent Agenda IV. Presentation of Hearing Items MINUTES LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA APRIL 17, 2025 4:00 PM NEW BUSINESS: Item Number: File Number: Address: 1. Z-10141 1609 Blair Street 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 area provision of Section 36-156 to permit more than 30% coverage of the rear yard for an accessory structure. 2. Z-10142 18 Overby Circle Variances are requested from the Regulations of Section 36-253 to allow a single-family residence to have a second kitchen without a home occupation use in an R-2 District. 3. Z-10144 5400 University Avenue A variance is requested from the area provisions of Section 36-302 to allow a building with a reduced rear yard setback in a C-4 District. 4. Z-10145 2522 Arch Street A variance is requested from the area regulations of Section 36-508 to allow a mobile canteen unit to remain parked on an unpaved surface. NEW BUSINESS: Item Number: File Number: Address. 5. Z-10146 1905 North Jackson Street Variances are requested from area regulations of Sec. 36-254 to allow a residence with a reduced side yard setback for both rear construction and carport. 6. Z-10147 3 Riding Road 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. A variance is requested from the area regulations of Section 36-254 to allow a reduced side yard setback in an R-2 zoning. 7. Z-10148 NE of Cedar Street and Hill Street Intersection A variance is requested from the area provisions of Section 36-259 to allow a reduced front yard setback in an R-5 zoning. 8. Z-10149 5716 Hawthorne Road A variance is requested from area regulations of Sec. 36-254 to allow a reduced rear yard setback in the R-2 district. NEW BUSINESS: Item Number: File Number: Address: 9. Z-10137 1819 North Harrison Street Variances are requested to the regulations of Section 36-254 to allow reduced front and rear yard setback in an R-2 zoning. APRIL 17, 2025 ITEM NO.: 1 Z-10141 File No.: Z-10141 Owners'. Clay and Lauren Cannon Applicant: Clay and Lauren Cannon Address 1609 Blair Street Legal Description Lot 6, Block 5, McGehee's 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 area provision of Section 36- 156 to permit more than 30% coverage of the rear yard for an accessory structure. Justification: The applicant's justification is presented in an attached letter. STAFF REPORT: A. Plannina and Development Civil Enaineerinq Comments: 1. Storage building and south side of residence is too close to the side yard setback. 2. Show complete drive for the carport as you are limited to driveway width of 21.4 feet. 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. 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 APRIL 17, 2025 ITEM NO.: 1 Z-10141 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. 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. D. Analysis: The property located at 1609 Blair Street is currently occupied by a one-story single- family residence within the Heights Design Overlay District. The survey shows a lot width of 53.52 feet and a depth of 145.3 feet. The residence is centrally located on the lot with an existing carport in the rear with an alley. The applicant is proposing to repair and add structural support to the front porch of the home. The existing porch foundation is already in the front yard setback and there will be no enlarging of the foundation itself. The existing front porch is in need of repair and reconstruction due to years of weather, damage and rot. The applicant is proposing reconstruction of the porch and to extend the roofline of the porch to cover the entire existing porch foundation. The applicant is requesting to add two more columns for additional support, which would make four columns on the front of the porch. The roof will have a pitch of 12/12. The site plan indicates that the applicant proposes to construct a new carport/storage accessory structure in the rear yard area. This new 696 square foot structure is proposed to be located 6.4 feet from the residence, 3 feet from the north property line, 11.7 feet from the east property and approximately 16 feet from the south property line. The survey indicates that the new carport will occupy 38 percent of the rear yard area. Section 36-156(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 an accessory structure to occupy greater than thirty (30) percent of the rear yard area. 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 porch will be 17.6-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 17 feet. 2 APRIL 17, 2025 ITEM NO.: 1 Z-10141 Based on the above assessment and analysis, Staff finds the requested variances to be reasonable. Staff is supportive of the requested variance to enlarge the width of the existing porch roof without changing the footprint of the porch foundation and new accessory structure in rear yard area. E. Staff Recommendation: Staff recommends approval of the requested variances to allow the expansion of the porch coverage into the front setback and area coverage of the rear yard accessory structure, 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 (APRIL 17, 2025) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the 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, and 1 open position. 3 APRIL17, 2025 ITEM NO. 2 Z-10142 File No.: Z-10142 Owners: Verona Swanigan Applicant: Verona Swanigan Address: 18 Overby Circle Legal Description: Lot 159, Treasure Hill Subdivision to the City of Little Rock, Pulaski County, Arkansas Current Zoning: R-2 Present Use: Single Family Residential -10142 Proposed Use: Single Family Residential Variance(s) Requested: Variances are requested from the Regulations of Section 36- 253 to allow a single-family residence to have a second kitchen without a home occupation use in an R-2 District. 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. Staff Analysis - The property located at 18 Overby Circle is occupied by a two -level single-family residence. The property is located on the central northwest corner of the partial cul- de-sac Northwest of the intersection of Overby Circle and Satterfield Drive The applicant states that upon purchase of the property in 2019 there was a second kitchen found within the dwelling which was part of a rental area on the lower level with its own ground level entry. The existing structure consists of living, sleeping, bathing, and food prep areas on both floors. 1 APRIL 17, 2025 ITEM NO.: 2 CON'T. Z-10142 The applicant states that they purchased the property to accommodate them and their aging parents with ease of access. They propose to maintain the second kitchen within the footprint of the primary residence. The second kitchen in question includes a sink, stove top, and refrigerator along with upper and lower cabinetry associated with food preparation areas. 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 a second 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. The existing 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: A building permit being obtained for all construction. Board of Adjustment (APRIL 17, 2025) The applicant was present. There were two (2) objectors present. The application came off consent agenda. Baker Kurrus and Georgie Steward voiced concerns that the house would be rented as a short-term rental. The applicant assured the commission that there would be no short-term rental of the property. After some discussion there was a motion to approve the application. There was a second. The vote was 4 ayes, 0 nays and 1 open position. The motion passed. 2 APRIL 17, 2025 ITEM NO. 3 Z-10144 File No.: Z-10144 Owner: Ayyel Saleh and U Trade, LLC Applicant: Ron Woods Architect (Agent) Address: 5400 South University Avenue Legal Description: Tract 1: Part of the SE'/4, Se'/4, Section 24, T 1 N, R13W, now in the City of Little Rock, Pulaski County, Arkansas Tract 2: All that part of the SE 1/4, of the Se %, of Section 24, Township 1 North, Range 13 West, Pulaski County, Arkansas Current Zoning: C-4 Present Use: Car Wash / Dealership Facility Proposed Use: New Commercial Retail Construction Variance(s) Requested. A variance is requested from the area provisions of Section 36-302 to allow a building with a reduced rear yard setback in a C-4 District. Justification: The applicant's justification is presented in an attached letter. STAFF REPORT: A. Planning and Development Civil Engineering Comments: No Comment B. Landscape and Buffer Comments: All landscape and buffer areas for the new development must comply with Chapters15 and 36 of the City of Little Rock Code of Ordinances. C. Building Codes Comments: All new construction projects are required to have full plan submittal and permits issued. Coordinate with Curtis Richey at 501-371-4724 crichey@littlerock.cLov or Tim Whitener at 501-371-4875 twhitener@littlerock.gov Rezoning or a variance does not allow construction to begin- 1 APRIL 17, 2024 ITEM NO.: 3 Z-10144 D. Analysis: The C-4 zoned property located at 5400 South University Avenue is comprised of 0.01-acres and is currently occupied by a car dealership/ car wash facility. The property is mostly paved with some open grass area to the southwest and generally slopes downward from north to south. The property is bordered to east by University Avenue, to the north and south by C-4 zoned uses, and C-3 zoned properties to the west across 63rd Avenue. The applicant proposes to remove the existing structure and construct a new 18,164 square foot commercial retail structure located at the central portion of the site with a new paved parking area along the east side of the property bordering University Avenue. The site plan indicates the proposed structure will be located one -hundred twenty (120) feet from the south (side) property line, fifteen (15) feet from the north (side) property line, forty-five (45) feet from the east (front) property line, and fifteen (15) feet from the west (side) property line with a 50 space parking area bordering the east perimeter of the new structure. The proposed site will utilize the existing two (2) access drives connecting to South University Avenue at the northeast corner and east central portion of the site. The location of the structure is proposed to allow for economic construction, gain of expanded parking, and utilization of existing paved entry points. Section 36-302(e)(3) Rear yard, states, "There shall be a rear yard having a depth of not less than twenty-five (25) feet. In the case of a corner lot, however, and when providing an exterior side yard of forty-five (45) feet, the rear yard may be reduced to not less than fifteen (15) feet. Staff is supportive of the requested variances. Staff views the requests as reasonable. The proposed location of the new structure will be situated on the site in a manner similar to other developments in the immediate area. Staff believes that the variances will have no adverse impact on the adjacent properties or the general area. E. Staff Recommendation: Staff recommends approval of the requested rear yard setback reduction, 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-4 zoned properties. 3. Compliance with the Landscape and Buffer requirements of Chapters 15 and 36 of the City's code. 2 APRIL 17, 2024 ITEM NO.: 3 Z-10144 Board of Adjustment (APRIL 17, 2025) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the 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, and 1 open position. 3 APRIL 17, 2025 ITEM NO. 4 Z-10145 File No.: Z-10145 Owners: CFPM, LLC (Deryan Coleman) Applicant: Deryan Coleman Address: 2522 South Arch Street Legal Description: Lots 7, 8 and 9, Block 1, Kimball South Park Addition to the City of Little Rock, Pulaski County, Arkansas. Zoned: PD-C (Planned Development — Commercial) Present Use: Vacant Lot Proposed Use: Food Truck Parking Variance(s) Requested: A variance is requested from the area regulations of Section 36-508 to allow a mobile canteen unit to remain parked on an unpaved surface. Justification: The applicant's justification is presented as per the attached letter. STAFF REPORT A. Planning and Development Civil Engineering Comments: Parking and areas under food trucks shall be improved, Code states hard packed surface as well as what this means. They should have asphalt, concrete or LID paving. See Codes: Sec. 36-508. - Pavement requirements. Every parcel of land which after the effective date of this chapter is changed to a parking area, automobile, other vehicle or trailer sales or storage area or automobile or motor vehicle service station, garage or other vehicle use area shall be paved where subject to wheeled traffic. The minimum pavement requirement shall be one and one-half (1'/2) inches asphaltic concrete hot mix with a five -inch compacted base or a double surface treatment with a five -inch compacted base or a four -inch concrete slab and shall have appropriate bumper guards where needed. Asphalt roofing and by-products of its manufacture are expressly prohibited as a base course or as surfacing material on parking lots and/or drives. 1 APRIL 17, 2025 ITEM NO. 4 Z-101 45 Low impact development (LID) facilities and techniques are allowed to be used for parking lot design and construction, unless conditions make LID infeasible as determined by the director of public works or his/her designee. LID techniques for parking lot design include, but are not limited to, pervious surfacing and bioretention swales. Pervious surfacing may be an option for all or a portion of the vehicular use area depending on the use, soil conditions and associated vehicular traffic. Pervious surfacing includes, but is not limited to, paving blocks, pervious concrete and porous asphalt. The surface of the vehicular use area shall be maintained to comply with the approved plan. (Code 1961, Ch. 43, § 8-101(i); Ord. No. 21,079, § 1, 8-4-15) (2) Hard packed means any improved surface that is stabilized and provides appropriate dust control and limited permeability including paved pavers, concrete, asphalt, or other similar parking material, B. Buffering and Landscape Comments: No Comments C. Building Codes Comments: No Comments D. Staff Analysis: The PD-C zoned property at 2250 South Arch Street is a single parcel at the northwest corner of South Arch Street and West 26th Street and bordered by an alley along the west perimeter. The surrounding properties are predominantly zoned R-4 with a POD zoned property to the east across South Arch Street. However, there are multiple C-1 and C-3 zoned properties extending to the northwest and along the east and west sides of South Arch Street. The corner lot is currently vacant with a few existing mature trees and a mixture of grass and gravel. There are concrete driveways on West 26th street on the south side of the property, and an abandoned alley running along the west property line. There is also a concrete driveway on the northeast corner of the property on South Arch Street. The applicant is proposing to locate a maximum of two (2) food trucks on the site with a garden area containing raised bed gardens, surrounded by benches and picnic tables for seating. The food truck area and parking area will consist of S132 gravel. Section 36-508 states that: " Every parcel of land which after the effective date of this chapter is changed to a parking area, automobile, other vehicle or trailer sales 2 APRIL 17, 2025 ITEM NO. 4 Z-10145 or storage area or automobile or motor vehicle service station, garage or other vehicle use area shall be paved where subject to wheeled traffic." The City of Little Rock Ordinance does not allow for mobile canteen units to be permanently located on any unpaved parcel. However, Staff feels that a food truck permanently located on this property will not have an adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested variance to allow a Canteen (Food) truck to be permanently parked on a gravel surface lot, 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 Commercially zoned properties. 3. Obtain a Peddler and Canteen permit from the City of Little Rock. Board of Adjustment (APRIL 17, 2025) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the 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, and 1 open position. 3 APRIL 17,2025 ITEM NO.: 5 FILE NO.: Z-10146 File No.: Z-10146 Owners: Julie Embry Applicant: Christi Wilson (Agent) Address: 1905 N. Jackson Street Legal Description: Lot 42, Shadowlawn Addition of the City of Little Rock, AR Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested. Variances are requested from area regulations of Sec. 36-254 to allow a residence with a reduced side yard setback for both rear construction and carport. Justification The applicant's justification is presented as per the attached letter. STAFF REPORT: A. Plannina and Development Civil Engineering Comments Both the request and the carport are too close to the property line and setback, Building will make comments due to fire safety issue. 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. Buildinq Codes Comments: Previous construction of Laundry / Mud Room was closer to the property line than is currently allowed without being constructed of fire rated material. Any new construction must be fire rated material that extends inside of 5' from the property line. A building permit is required if BOA approves added elements. Coordinate building plans and permit review and permit with Curtis Richey at crichey@littlerock.gov 501-371-4724 or Tim Whitener at twhitener@littlerock.gov 501-371-4875. 1 APRIL 17,2025 ITEM NO.: 5 FILE NO.: Z- 10146 D. Analysis: The R-2 zoned property located at 1905 North Jackson Street is occupied by a one- story single-family residence. The survey indicates a lot width of 50 feet and a depth of 133 feet with a 4-foot easement along the east perimeter of the lot. The residence is located on the west central portion of the lot 25 feet from the front (west) property line, 5 feet from the south side property line, 5.5 feet from the north side property line and over 40 feet from the rear (east) property line. The property currently includes a paved drive along the north perimeter of the site connecting to North Jackson Street, a wood frame deck along the east side of the residence, and rear yard pool with accessory structure. As an improvement to the property the applicant proposes to remove the wood frame deck and construct a new laundry/washer-dryer room and wood deck with steps at the northeast side of the dwelling. The site plan indicates that the applicant proposed to construct a 104 square foot open carport upon a portion of the existing paved drive along the north perimeter of the dwelling. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side yard setback of five (5) feet for the principal structure on this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the addition to be setback 3.7 feet, and the covered carport is proposed to be built on the property line. Based on the above assessment and analysis, Staff finds the requested variances to be partially reasonable. Staff is supportive of the requested variance to allow a reduced side yard setback. Staff believes the addition to the existing residential structure is generally in conformance with the development pattern in the neighborhood and would not have an adverse impact on surrounding properties. However, it is the staff's opinion that the requested side yard reduction variance for the carport addition be denied. Staff believes that the location of the carport structure within the side yard area does not keep with the spirit or intent of the city ordinance and is out of character with the adjoining properties. E. Staff Recommendation: Staff recommends denial of the requested variance to allow a carport structure to be constructed on the property line. Staff recommends approval of the requested variance to allow a reduction of the side yard setback for the addition that is to be constructed in the rear yard. 1. A building permit must be obtained for all construction. 2 APRIL 17,2025 ITEM NO.: 5 FILE NO.: Z-10146 Board of Adjustment (APRIL 17, 2025) The applicant was present. There were two (2) objectors present. The application came off consent agenda. Greg Sink and Nancy Sink voiced concerns about the carport being on the property line and issues of water runoff and flooding. Christi Wilson (agent) stated the applicant would be willing to forgo the carport. The Commission requested that the applicant revise the design in order to assist in any runoff issues. After some discussion there was a motion to defer the application to the May 15, 2025 Board of Adjustment Meeting to allow the applicant to redesign their application. There was a second. The vote was 4 ayes, 0 nays and 1 open position. The application was deferred to the May 15, 2025 Board of Adjustment Meeting. 3 APRIL 17, 2025 ITEM NO.: 6 Z-10147 File No.: Z-10147 Owners: Samuel Hunter Dunn Applicant: Jason Duncan (Agent) Address: 3 Riding Road Legal Description: Lot 114, Foxcroft Addition to the City of Little Rock Current Zoning: R-2 Present Use: Single Family Residential Proposed Use: Single Family Residential Z-10147 Variance(s) Requested: 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. A variance is requested from the area regulations of Section 36-254 to allow a reduced side 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: No Comments C. Buildina Codes Comments: Garage enclosures are required to have draft stop separation from attic space of adjacent structure and a fire separation from any room over a garage. Carbon monoxide protection is required in both lower and upper floor levels. Proper egress from upper level is required. Building permit plans, permit review and permit are required if the BOA approves added elements. Coordinate building plans and permit review and permit with Curtis Richey at crichey&Iittlerock. gov 501-371-4724 or Tim Whitener at thitener@littlerock.gov 501-371-4875. APRIL 17, 2025 ITEM NO.: 6 Z-10147 D. Analysis: The property is located at 3 Riding Road and is currently occupied by a two-story masonry single-family residence. The survey shows a lot width of 102 feet at the front (north) property line and 95 feet at the rear (south) property line, with a lot depth of 141 feet at the east side property line and 133 feet at the west property line. The applicant is proposing to convert the existing carport into a two-story enclosed garage. The slope of the new roof will match the existing slope. The expanded building footprint will be extended into the side yard building line 23.5 feet. The new garage door will be electric overhead steel paneled, T tall 18' wide. The sketch indicates that garage expansion will be located 6 feet from the south (rear) property line and extend west 10.7-feet beyond the platted building line. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side yard setback of five (5) feet for the principal structure on this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow a new garage structure to expand, reducing the side yard setback to no less than 1.5 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 25-foot platted side yard building line to 1.5-feet. In Staffs 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. E. Staff Recommendation: Staff recommends approval of the request to allow a reduced plated side yard building line, subject to the following conditions: 1. Obtain a building permit prior to construction. Board of Adjustment (APRIL 17, 2025) The applicant was present. There were no objectors present. Commissioner Harkins requested that the application be placed on the regular agenda. The application came off consent agenda. Commissioner Harkins spoke that the neighbor to the east of the property was concerned about the second -floor windows being intrusive to their privacy. Jason Duncan (agent) agreed to use opaque windows to ensure privacy for the neighbors. There was a motion to approve the application with the addition of the opaque windows being used on the east side of the second -floor addition. The motion was seconded. The vote was 4 ayes, 0 nays and 1 open position. The motion passed. APRIL 17, 2025 ITEM NO.: 7 Z-10148 File No. Z-10148 Owners' For Real Core Six LLC Applicant: Casey Cerrato (Owner) Address Northeast Corner of North Cedar Street and Hill Road Legal Description: Lots A, B, C D and E of the Mildred M. Moss Replat of Lots 4,5,6,7, 8, and 9, Block 14, Pulaski Heights Addition to the City of Little Rock, Pulaski County Current Zoning: R-5 Present Use: Vacant Proposed Use: Vacant Variance(s) Requested: A variance is requested from the area provisions of Section 36-259 to allow a reduced front yard setback in an R-5 zoning. Justification: The applicant's justification is presented in an attached letter. STAFF REPORT: A. Plannina and Development Civil Enaineerina Comments: 1. Plans show a 25ft reduction, not the reduction to 15ft. 2. Show driveways on plans. 3. Request to encroach on setback that fronts another main road 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: The Arkansas Fire Prevention Code, Volume 3, regulates construction requirements for homes and requirements for structures concerning distance from the property line. Those distances are not shown on plans provided. Please note the following requirements for instances when the outside wall is less than 7' from the interior lot lines: APR IL 17, 2025 ITEM NO.: 7 Z-10148 D. Analysis: The R-5 zoned property is located at the northeast corner of Hill Road and North Cedar Street. The site is surrounded by R-5 and R-3 zoned properties that are occupied by an apartment complex to the west and single-family homes to the east and south. The property is currently undeveloped, with varying degrees of slopes from north to south with partial tree coverage along the western edge bordering North Cedar Street. The recent survey indicates that the property is currently divided into five (5) platted lots with an existing perimeter of the site The applicant proposed to divide the property into three (3) 0.34 acre lots for future development with access from the easement to the east. The proposed lots are indicated to have building lines of 25 feet along the west boundary of North Cedar Street and 30 foot building lines to the east. The new lots are indicated to be oriented to the east and have 25 foot rear (west) yard setbacks, six (6) foot side yard setbacks and fifteen (15) foot front (east) yard setbacks. Section 36-259(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 the front yard setback to be reduced to no less than fifteen (15) feet. In Staffs 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 three -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 fifteen (15) 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. 3. A replat of the property be performed and filed. APRIL 17, 2025 ITEM NO.: 7 Z-10148 Board of Adjustment (APRIL 17, 2025) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the 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, and 1 open position. APRIL 17, 2025 ITEM NO. 8 Z-10149 File No.: Z-10149 Owners: Aaron & Elizabeth Clark Applicant: Jim Yeary Yeary Lindsey Architects Address: 5716 Hawthorne Road Legal Description. Lot 14 & 15 Forest Heights Place, 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. Justification- The applicant's justification is presented as per the attached letter. STAFF REPORT A. Planning and Development Civil Engineering Comments: Check variance for pool being placed within the setback, also note if pool requires a retaining wall then you are to be 5ft away from the property line to the wall. B. Buffering and Landscape 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. 1 APRIL 17, 2025 ITEM NO. 8 Z-10149 D. Staff Analysis: The R-2 zoned property located at 5716/5714 Hawthorne Road is within the Heights Design Overlay District and is currently vacant. The applicant purchased the property; combined the lots and subsequently had the existing structures demolished. The applicant proposes to construct a new dwelling with an attached garage adjacent to V Street, at the rear of the property. In order to provide an appropriate depth for the garage the owner is requesting a 5-foot reduction to the rear yard setback, allowing the north end of the garage to be twenty (20) feet away 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. "Therefore, the applicant is requesting a variance to allow the extension of the garage into the rear yard setback reducing the setback to twenty (20) feet. Staff is supportive of the requested variance. Staff views the request reasonable. Staff believes that the requested 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 twenty feet (20 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 (APRIL 17, 2025) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the 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, and 1 open position. 2 APRIL17, 2025 ITEM NO. 9 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. Planninq 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 APRIL17, 2025 ITEM NO. 9 Z-10137 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. D. Staff Analvsis: The R-2 zoned property is located at 1819 Harrison Street within the Heights Design Overlay District. 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 garage space 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 within seven (7) feet of the rear (east) property line abutting Newton Street with a paved access drive connection. The site plan further indicates that the applicant proposes to commence the front of the new residence at 22.45 feet aligning it with the surrounding houses along the block, 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 seven (7) 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 is supportive of the requested variances to allow reduced front and rear yard setbacks. Staff Believes that the front yard reduction is in conformance with forty (40) percent of the existing block setbacks and that the proposed location of the new garage will occupy essentially the same area as the existing structure. The overall development should have no adverse impact on the surrounding properties. Kr APRIL17, 2025 ITEM NO. 9 Z-10137 E. Staff Recommendation: Staff recommends approval of the requested front yard setback reduction to no less than 22.45 feet and the rear yard setback reduction to no less than 7.82 feet subject to the following conditions: 1. A building permit must be obtained prior to construction. 2. Install trees, if deemed applicable at the time of building permit, in accordance with the Heights Design Overly District requirements. Board of Adjustment (APRIL 17, 2025) The applicant was present. There was one (1) objectors present. The application came off consent agenda. Allison Yamauchi voiced concerns that the garage was too close to her property and was apprehensive that there would be traffic issues. There was a motion to approve the application. The motion was seconded. The vote was 4 ayes, 0 nays, and 1 open position. The motion passed. 3 BOARD OF ADJUSTMENT VOTE RECORD DATE April 17, 2025 Time: 4:OOPM Time In/Time Out Allison, Frank Bertram, James Grinder, Austin Harkins, James Open Position IN P P P P Consent Min Agenda Regular Agenda ITEM & VOTE ITEM# 2 5** 6 9 Allison, Frank %/ Bertram, James ./ %/ %/ Grinder, Austin %/ %/ %/ %/ I %/ Harkins, James %/ %/ %/ %/ Open Position AYE X NAYE A ABSENT P PRESENT R RECUSE MEETING ADJOURNED: 5:10 ** Item # Z-10146 North Jackson Street was deferred to the May Agenda. APRIL 17, 2025 There being no further business before the Board, the meeting was adjourned at 5:10 p.m. Date Chairman Secretary