25 APR 14
A G E N D A
BOARD OF ADJUSTMENT
APRIL 14, 2025
6:00 P.M.
CITY HALL
CITY COUNCIL CHAMBERS
1. CALL TO ORDER: PAGES
2. APPROVAL AND/OR
CORRECTION OF MINUTES: Regular Scheduled Meeting of
March 10, 2025 1
3. VARIANCE REQUEST(S): a. Rear Yard Setback Variance
109 Dennis Lane
Petitioner: Alejandro Arias 2-4
b. Sign Variance
1715 T.P. White Drive
Petitioner: Mina Abdelmalek 5-6
c. Rear Yard Setback Variance
116 Pulaski Dr. (will be 145 Central Ave.)
Petitioner: Central AR Home Builders
Representative: Tucker Land Surveying 7-8
d. Side Yard Setback Variance
7430 T.P. White Drive
Petitioner: Seneca Enterprises LLC
Representative: Bond Engineering 9-10
e. Side Yard Setback Variance
Lot 5R, Station Grounds Addition
(SE corner of S. Oak & Chestnut St.)
Petitioner: Bison Capital 1 LLC
Representative: Bond Engineering 11-12
f. Front Yard Setback Variance
Lot 4R, Station Grounds Addition
(617 South Oak Street)
Petitioner: Bison Capital 1 LLC
Representative: Bond Engineering 13-14
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: April 14, 2025 6:00 p.m. – 6:39 p.m.
ATTENDANCE: Commissioners: Sansing, Hall, Brittenum, Twitty, and Chairman Oakley were present.
______________________________________________________________________
City Clerk Susan Davitt recorded those listed above in attendance and Chairman Oakley declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brittenum moved, seconded by Commissioner Hall to approve the regular meeting minutes of March 10, 2025. MOTION CARRIED.
VARIANCE(S): a. Rear Yard Setback Variance 109 Dennis Lane
The public hearing opened at approximately 6:03 p.m.
Mrs. Arias stated they would like to add a covered porch on the back of the house so they can be shielded from the sun and have an area for their kids.
Discussion ensued regarding a current encroachment to the rear setback where City Engineer Adam Whitlow confirmed that without the patio, it is at 17.5’, if the dimensions shown are
correct. He related that his staff has no technical issues with this request and 5.5’ is minimum Fire Code.
The public hearing closed at approximately 6:07 p.m.
Commissioner Hall moved, seconded by Commissioner Brittenum to approve a 5.5’ rear yard setback at 109 Dennis Lane. MOTION CARRIED.
b. Sign Variance 1715 T.P. White Drive
The public hearing opened at approximately 6:07 p.m.
Petitioner Mina Abdelmalek stated the additional signs will add visibility from North First Street and John Harden Drive.
The public hearing closed at approximately 6:11 p.m.
Commissioner Sansing moved, seconded by Commissioner Brittenum to approve two additional signs at 1715 T.P. White Drive. MOTION CARRIED.
c. Rear Yard Setback Variance 116 Pulaski Dr. (will be 145 Central Ave.)
The public hearing opened at approximately 6:11 p.m.
A representative from Central Arkansas Homes Builders related they would like to have the rear setback to 10’ because it is a smaller lot that is difficult to fit the planned size house
there.
Engineer Whitlow confirmed his Staff supports granting the variance.
Commissioner Sansing noted this is a smaller lot that City Council expected to have variances for new builds in the area.
BOARD OF ADJUSTMENT REGULAR MEETING
April 14, 2025 6:00 p.m. – 6:39 p.m.
Council Member Dr. Trenika McCoy told how she has received several calls from residents in the area of Sunnyside regarding the overbuild occurring. She acknowledged the lots are non-conforming,
however, the area is getting overcrowded where she is receiving complaints from citizens who live there. She noted there being a shortage of parking areas as well and suggested commissioners
drive the area for themselves to see what is happening. When Commissioner Brittenum inquired, she responded that there have been complaints specifically about Central Arkansas Home
Builders, including them charging tenants $25.00-$30.00 for submitting maintenance requests. She brought up that a neighbor of one of the new builds current rent is $550.00, where the
new built home is $1200.00-$1500.00. She shared the neighbor’s concern of being driven out of the area and the affordability of the new builds.
The public hearing closed at approximately 6:17 p.m.
Engineer Whitlow confirmed the property was properly advertised and posted, Public Works received no phone calls in support or objection to the request, there are like properties in
the area with substantially less that code requirements, there are no building lines on the old recorded plat, and his Staff supports granting the variance due to those conditions.
A brief discussion ensued regarding possible CDBG funding for Sunnyside residents.
Commissioner Hall moved, seconded by Commissioner Sansing to approve a 10’ rear yard setback at 116 Pulaski Dr. (will be 145 Central Ave).
Council Member Mike Dietz mentioned not being able to control rental rates and the high costs of new builds. He surmised the existing homes’ rent should stay consistent, unless the landlords
raise it due to the cost of insurance and taxes.
MOTION CARRIED at this time.
d. Side Yard Setback Variance 7430 T.P. White Drive
The public hearing opened at approximately 6:23 p.m.
Representative Aaron Robinson with Bond Engineering noted the site plan will be seen later at tonight’s Planning Commission meeting. He explained the owner is wanting to build climate-controlled
storage units.
Engineer Whitlow related the request is from 15’ to 9.18’, the property was properly advertised and posted, they received no phone calls in support or objection, and his Staff has no
objections due to relatively narrow dimensions at the rear of the lot that causes a hardship. He confirmed the Fire Marshal had no objection to it.
The public hearing closed at approximately 6:28 p.m.
Commissioner Sansing moved, seconded by Commissioner Hall to approve a 9.18’ side yard setback at 7430 T.P. White Drive. MOTION CARRIED.
BOARD OF ADJUSTMENT REGULAR MEETING
April 14, 2025 6:00 p.m. – 6:39 p.m.
e. Side Yard Setback Variance Lot 5R Station Grounds Addition (SE corner of S. Oak & Chestnut St.)
The public hearing opened at approximately 6:28 p.m.
Mr. Robinson stated this is a replat where they are asking for a 15’ setback because of the existing houses that are along the road. He related that he has provided a revised Bill of
Assurance, surmising 1200 square feet is the minimum size. He confirmed Lot 4R has an existing house that is built over the setback, but if something was to happen to it and needed
to be rebuilt, it would have to be built to the 25’ setback or request a variance from the Board.
Engineer Whitlow noted the next item of business is a front setback variance for Lot 4R. He confirmed that Lot 5R is the vacant corner lot on the Chestnut Street side and his Staff has
no objections.
The public hearing closed at approximately 6:32 p.m.
Commissioner Twitty moved, seconded by Commissioner Sansing to approve a 15’ side yard setback at Lot 5R Station Grounds Addition. MOTION CARRIED.
f. Front Yard Setback Variance Lot 4R Station Grounds Addition (617 S. Oak St.)
The public hearing opened at approximately 6:32 p.m.
Mr. Robinson explained that Lot 4R has an existing house on it that is over the front yard setback, but they are platting it with a 25’ front yard setback, therefore, they are asking
for a non-conforming use for that structure. He noted this would prevent them from having to tear down the house to conform when the replat comes along.
Engineer Whitlow mentioned that since there is already a preexisting condition of the front setback being in violation, he considers it a grandfathered condition. He pointed out that
the replat is not creating the non-conforming condition, so to satisfy any title company, he would write a letter from Public Works stating this is a grandfathered condition.
The public hearing closed at approximately 6:38 p.m.
Commissioner Sansing moved, seconded by Commissioner Hall to approve the grandfathering condition of the existing structure at 617 South Oak Street (Lot 4R Station Grounds Addition).
MOTION CARRIED.
ADJOURNMENT: Without objection, Chairman Oakley adjourned the meeting at approximately 6:39 p.m. MOTION CARRIED.
Respectfully,
___________________________ ______________________________
Susan L. Davitt CHAIRMAN Jim Oakley
CITY CLERK – TREASURER