boa_10 31 2016LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
OCTOBER 31, 2016
4011T=m
Roll Call and Finding of a Quorum
A Quorum was present being three (3) in number.
II. Approval of the Minutes of the Previous Meetings
The Minutes of the September 26, 2016 meeting were
approved.
Members Present: Carolyn Lindsey Polk
Robert Tucker, Vice Chairman
Jeff Yates, Chairman
Members Absent: Frank Allison
Christopher Smith
City Attorney Present: Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
OCTOBER 31, 2016
2:00 P.M.
OLD BUSINESS:
A. Z-9160 10800 Bass Pro Parkway
NEW BUSINESS:
1.
Z -7944-A
5 Statehouse Plaza
2.
Z -9160-A
10800 Bass Pro Parkway
3.
Z-9174
3 & 7 York Drive
4.
Z-9175
400 W. Capitol Avenue
5.
2017
Board Of Adjustment Calendar
OCTOBER 31, 2016
ITEM NO.: A
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Variance Requested
Justification:
Z-9160
Otter Grove Plaza, LLC
Stuart Brent
10800 Bass Pro Parkway
North side of Bass Pro Parkway, at Gateway Grove Loop
C-4
A variance is requested from the sign provisions of Section
36-557 to allow a wall sign without street frontage.
The applicant's justification is presented in an attached letter.
Present Use of Property: Commercial (under construction)
Proposed Use of Property: Commercial
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The C-4 zoned property located at 10800 Bass Pro Parkway is occupied by a one-
story commercial building which is under construction. The property is located at
the corner of Bass Pro Parkway and Gateway Grove Loop. The commercial building
is located within the front half of the lot and will have paved parking in the front
(south) and rear (north) of the building. The majority of the parking will be located
at the rear of the building. Access drives will be located along the western (Gateway
Grove Loop) and southern (Bass Pro Parkway) property lines. The commercial
building will house four (4) tenants.
The tenant within the easternmost portion of the commercial building (Pie Five Pizza
Co.) is requesting to install a wall sign on the rear of the building in addition to wall
signage on the front fagade. The proposed wall sign on the rear of the building will
be 4.33 feet by 15.67 feet (67 square feet) in area. The portion of the rear fagade
occupied by the restaurant will be 18 feet by 40 feet (720 square feet).
OCTOBER 31, 2016
ITEM NO.: A (CON'T.)
Section 36-557(a) of the City's Zoning Ordinance requires that all on -premise wall
signs be located on building sides which have street frontage. Therefore, the
applicant is requesting a variance from this ordinance requirement to allow the wall
sign on the rear (northern) facade which has no street frontage.
Staff is not supportive of the requested sign variance. Staff does not feel that the
request is reasonable. The main identifying signage will be on the front of the
building facing Bass Pro Parkway. Staff feels that this signage will be adequate
enough to direct patrons to the business. Although the majority of the parking for
the site will be at the rear of the building, staff does not feel that the amount of wall
signage as proposed will be needed for business identification. Staff could support
smaller, minimal signage on the entry doors or windows, or between the entry doors
on the rear fagade of the building. Staff does not believe that the amount of wall
signage proposed for the rear fagade of the building is warranted in this case.
C. Staff Recommendation:
Staff recommends denial of the requested sign variance, as filed.
BOARD OF ADJUSTMENT (August 29, 2016)
Staff informed the Board that the application needed to be deferred to the September
26, 2016 agenda, based on the fact that the applicant failed to complete the
notifications to surrounding property owners.
The item was placed on the consent agenda and deferred to the September 26, 2016
agenda. The vote of 4 ayes, 0 noes and 1 absent.
BOARD OF ADJUSTMENT (September 26, 2016)
Staff informed the Board that the application needed to be deferred to the October 31,
2016 agenda, based on the fact that the applicant failed to complete the notifications
to surrounding property owners. Staff explained that the notices were incomplete
based on the fact that the signatures were obtained seven (7) days late and that the
notice form was not completely filled out, including the date and time of the public
hearing. The issue of deficient notice was discussed. Debra Weldon, City Attorney
noted that the notice needed to be done correctly to ensure due process.
A motion was made to defer the application to the October 31, 2016 agenda. The
vote was 4 ayes, 0 nays and 1 absent. The application was deferred.
2
OCTOBER 31, 2016
ITEM NO.: A (CON'T.
BOARD OF ADJUSTMENT
(October 31, 2016)
Robert Byford was present, representing the application. There were no objectors
present. Chairman Yates suggested to the applicant that they meet with staff and the
property developer to attempt to resolve the sign issue by possibly not installing one (1)
of the allowed two (2) ground -mounted signs and transferring that signage to the rear of
the building. Mr. Byford requested to defer the application to the December 12, 2016
agenda to attempt to work out the issue. A motion was made to defer the application to
the December 12, 2016 agenda. The motion passed by a vote of 3 ayes, 0 nays and 2
absent. The application was deferred.
g-
7/25/16
Attn: Board of Adjustment
Pie Five Pizza Little Rock is requesting a sign variance for our upcoming location located at 10800
Bass Pro Parkway Suite 2D, Little Rock, AR 72210. We are requesting to add an additional sign on the
back/rear of the building which faces the 1-430 service road. The primary reason for our request is that
a large portion of our parking area is located behind the building, thus making the back of the building
our primary entrance.
Robert L Byford
OCTOBER 31, 2016
ITEM NO.: 1
File No.: Z -7944-A
Owner: Arkansas Riverview Development, LLC
Applicant: Tim Daters, White-Daters and Associates
Address: 5 Statehouse Plaza
Description: West side of Conway Street, north of W. Markham Street
Zoned: UU
Variance Requested: A variance from the landscape provisions of Section 36-
342.1 is requested to allow no planting of street trees along Conway Street.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Office
Proposed Use of Property: Office and Residential
STAFF REPORT
A. Public Works Issues:
IR.t • u�ZTTI QITi
B.. Staff Analysis:
The UU zoned property at 5 Statehouse Plaza is occupied by a two story brick
structure, which ties into a multi-level structure to its north. The property is located
on the west side of Conway Street, north of W. Markham Street. The Double Tree
hotel is located immediately to the west. A plaza area with fountain is located
between the two-story structure and W. Markham Street. An underground parking
deck is located below the building area and Conway Street.
The applicant is planning an addition to the south side of the existing two-story
building. The addition will add residential condo units to the structure. The addition
requires that the property comply with the UU zoning district development standards.
Section 36-342.1(c )(5)b. of the City's Zoning Ordinance requires the planting of
street trees as follows:
"Street trees a minimum of three-
inch caliper shall be required (type
of trees as listed in landscape ordi-
nance [chapter 15]). The trees shall
be located a minimum of two (2) feet
off the back of a curb and shall be
thirty (30) feet on center and no
OCTOBER 31, 2016
ITEM NO.: 1 (CON'T.
closer than thirty (30) feet to a street
intersection with a water source pro-
vided. The tree canopy shall be main-
tained at least eight (8) feet above
the sidewalk."
Therefore, the planting of street trees is required along the Conway Street frontage
of the subject property. The applicant notes that the trees cannot be planted
because of the parking deck which is located below the property. Additionally, above
ground planters cannot be utilized because the added weight would also have a
negative impact on the parking deck below. As such, the applicant is requesting a
variance to not plant the street trees along Conway Street.
Staff is supportive of the requested variance to not plant street trees along Conway
Street. As noted above, the street trees cannot be planted, in -ground or above
ground, because of the location of the parking deck which is below this property and
extends into the Conway Street right-of-way. The Conway Street right-of-way where
street trees would be located is approximately 100 linear feet which would represent
area for only four (4) trees. Staff views this as a variance from only a very minimal
requirement. Staff believes the variance will have no adverse impact on the adjacent
properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested street tree variance, as filed.
BOARD OF ADJUSTMENT
(October 31, 2016)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by the vote of 3 ayes, 0 noes and 2 absent.
2
WHITE - DATERS & ASSOCIATES, INC.
24 Rahling Circle
Little Rock, Arkansas 72223
inPhone: 501-821-1667
www.whitedaters.com
September 27, 2016
Mr. Monte Moore
Zoning and Enforcement Administrator
Planning and Development
723 West Markham
Little Rock, AR 72701
RE: 5 Statehouse Plaza, Suite 500, Board of Adjustment Application
Dear Mr. Moore,
Please find the enclosed application and associated drawings to the Board of Adjustment. This
application pertains to Section 36-342 which requires the planting of trees in tree wells along
Conway Street, 2' from back of curb along this property right-of-way as part of the Urban Use
District. This situation is unusual as the parking garage is located beneath the back of curb
along the western edge of N. Conway Street (see attached garage plan wall highlighted beneath
curb area), making it structurally unfeasible to dig tree wells from the back of curb westward.
This application is requesting a variance to not plant the trees as required by the ordinance.
We would appreciate your consideration for this request.
Sincerely,` l t
Timothy E. Daters, P.E.
President
CIVIL ENGINEERING - LAND PLANNING & DEVELOPMENT - SURVEYING - LANDSCAPE ARCHITECTURE
OCTOBER 31, 2016
ITEM NO.: 2
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
Z -9160-A
Otter Grove Plaza, LLC
Gaston Ballbe, Signs Unlimited
10800 Bass Pro Parkway
North side of Bass Pro Parkway, at Gateway Grove Loop
C-4
A variance is requested from the sign provisions of Section
36-557 to allow a wall sign without direct street frontage.
The applicant's justification is presented in an attached letter.
Commercial (under construction)
Commercial
The C-4 zoned property located at 10800 Bass Pro Parkway is occupied by a one-
story commercial building which is under construction and nearing completion. The
property is located at the corner of Bass Pro Parkway and Gateway Grove Loop.
The commercial building is located within the front half of the lot and will have paved
parking in the front (south) and rear (north) of the building. The majority of the
parking will be located at the rear of the building. Access drives will be located along
the western (Gateway Grove Loop) and southern (Bass Pro Parkway) property lines.
The commercial building will house four (4) tenants.
The tenant within the westernmost portion of the commercial building (Taziki's) is
requesting to install a wall sign on the rear of the building in addition to wall signage
on the front fagade and west fagade (facing Gateway Grove Loop). The proposed
wall sign on the rear of the building will be 4.4 feet by 17.6 feet (77.44 square feet)
in area. The portion of the rear fagade occupied by the restaurant will be 18 feet by
43 feet (774 square feet).
OCTOBER 31, 2016
ITEM NO.: 2 (CON'T.)
Section 36-557(a) of the City's Zoning Ordinance requires that all on -premise wall
signs be located on building sides which have street frontage. Therefore, the
applicant is requesting a variance from this ordinance requirement to allow the wall
sign on the rear (northern) facade which has no street frontage.
Staff is not supportive of the requested sign variance. Staff does not feel that the
request is reasonable. The main identifying signage will be on the front of the
building facing Bass Pro Parkway and the end of the building facing Gateway Grove
Loop. Staff feels that this signage will be adequate enough to direct patrons to the
business. Although the majority of the parking for the site will be at the rear of the
building, staff does not feel that the amount of wall signage as proposed will be
needed for business identification. Staff could support smaller, minimal signage on
the entry doors or windows, or between the entry doors on the rear fagade of the
building. Staff does not believe that the amount of wall signage proposed for the
rear fagade of the building is warranted in this case. If the applicant desires to have
signage which can be seen from the interstate/frontage road to the north and east,
ground -mounted signage is allowed along both street frontages of this property.
C. Staff Recommendation:
Staff recommends denial of the requested sign variance, as filed.
BOARD OF ADJUSTMENT
(October 31, 2016)
Gaston Ballbe was present, representing the application. There were no objectors
present. Chairman Yates suggested to the applicant that they meet with staff and the
property developer to attempt to resolve the sign issue by possibly not installing one (1)
of the allowed two (2) ground -mounted signs and transferring that signage to the rear of
the building. Mr. Ballbe requested to defer the application to the December 12, 2016
agenda to attempt to work out the issue. A motion was made to defer the application to
the December 12, 2016 agenda. The motion passed by a vote of 3 ayes, 0 nays and 2
absent. The application was deferred.
2
To whom it may concern:
Taziki's Mediterranean Caf6 is asking for a sign variance to allow for a
607 Ellis Rd 8uit.e 51-A wall sign on the rear facade of their suite. The rear of the building is
Durham, NC 27703
highly visible from the interstate as seen in the application's photos.
Without a sign on the rear primary visibility will be lost and will be a
detriment to the business's success.
The size of the sign we are proposing is smaller than the front and side
Phone: 919-552-8689 signs that have been permitted, but is large enough to be adequately seen
Fax: 919-557-1322
from the interstate.
Wvw.,5ign,sunlimitedu,Ba.com
Gaston Ballbe
10/10/16
OCTOBER 31, 2016
ITEM NO.: 3
File No.: Z-9174
Owner/Applicant: Wilfredo Rodriguez
Address: 3 and 7 York Drive
Description: Lots 24 and 25, Wakefield Village #4 Addition
Zoned: R-2
Variance Requested: A variance is requested from the fence provisions of Section
36-516 to allow a fence which exceeds the maximum height
allowed.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The R-2 zoned property at 3 and 7 York Drive is occupied by a two (2) single family
residences. The property is located on the south side of York Drive, west of
Portsmouth Drive, and is comprised of two (2) platted lots. The residence at 3 York
Drive is a one-story stucco and frame structure. There is a two -car wide driveway
from York Drive, with a concrete parking pad in the front yard area. The residence
at 7 York Drive is a one-story frame structure. There is a one -car drive from York
Drive, with a concrete parking pad in the front yard area. The property slopes
upward slightly from the street to the front yard area.
The applicant recently constructed a metal fence along the front property line of both
lots and along the side lot lines; east, west and dividing side property lines. The
fence is constructed of square metal tubing, resembling wrought iron fencing. The
fencing is currently not painted. The majority of the new fencing is five (5) feet -three
(3) inches in height, with the gates at the driveways being slightly taller in places.
The new fence ties into existing wood fencing within the rear yard areas. The fencing
along the front property line is located eleven (11) to fifteen (15) feet back from the
edge of York Drive.
OCTOBER 31, 2016
ITEM NO.: 3 (CON'T.)
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence
height of four (4) feet for fences located between building setback lines and street
rights-of-way. Six (6) foot high fences are allowed elsewhere on residential property.
Therefore, the applicant is requesting a variance to allow the five (5) foot -three (3)
inch high fencing in the front yard area of the two (2) lots.
Staff is supportive of the requested fence height variance. Staff views the request
as reasonable. Because of the curvature of the roadway at this location, the fence
will not have the appearance of "blocking or walling in" the property from the adjacent
properties. Additionally, the new fence is very non-opaque and can be seen through
easily. Staff feels that the fence would even be less noticeable if it were painted
black or dark brown. A dark color on the fence will help the fence blend into the
shadows, more so than a lighter color. Staff believes the new fence as constructed
will have no adverse impact on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the fence height variance, subject to the following
conditions:
1. The fence must be painted a dark color (black or dark brown).
2. A permit must be obtained for the fence construction.
BOARD OF ADJUSTMENT (October 31, 2016)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by the vote of 3 ayes, 0 noes and 2 absent.
2
LITTLE ROCK, ARKANSAS
September 27, 2016
CITY OF LITTLE ROCK
PULASKI COUNTY, ARKANSAS
HEREBY EXPLAINED THE REASONS WHY DO THE FENCING OF PROPERTIES TO MY NAME, WHICH ARE
LOCATED IN THE FOLLOWING;
3 YORK DR, LITTLE ROCK, AR 72209; AND 7 YORK DR, LITTLE ROCK, AR 72209, THE FOLLOWING ARE:
F. LOSS FOR CONTINUOUS TOOLS AND OBJECTS OF MY WORK
G. DAMAGE TO THE VEHICLE AND THEFT IN THE SAME
H. GIVE MY FAMILY PROTECTION
I. LACK OF ECONOMIC RESOURCES FOR ROLLING AND MAKE A FENCE NEW
J. IGNORANCE OF TECHNICAL STANDARDS FOR BUILDING FENCES
BY FOREGOING HOPE YOUR CONSIDERATION FOR UNDERSTANDING AND RESOLVED THIS
INCONVENIIENTE FAVORABLY.
SUBSCRIBE ME, SINCERELY
F
414-
WILFREDO RODRIGUEZALVARADO
TELEPHONO: 501-256-2633
County of Pulaski
State of Arkansas
Acknowledged beforerme,_th;
of 2.
Notary Public
My Commission Expires:l
OCTOBER 31, 2016
ITEM NO.: 4
File No.: Z-9175
Owner: NNN 400 Capitol Center, LLC
Applicant: John Martin, Moses Tucker Real Estate
Address: 400 W. Capitol Avenue
Description: Northeast corner of Capitol Avenue and Broadway Street
Zoned: UU
Variance Requested: A variance is requested from the sign provisions of Section
36-342.1 to allow a ground sign in the UU zoning district.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Office
Proposed Use of Property: Office
STAFF REPORT
U
Public Works Issues:
No Comments.
Staff Analysis:
The UU zoned property located at 400 W. Capitol Avenue is occupied by a multi-
story office building. The property is located at the northeast corner of W. Capitol
Avenue and Broadway Street. A parking deck is located on the north side of the
building with access from W. 4t" Street. The building is occupied by Regions Bank
and other multiple office tenants.
There is a concrete vent structure at the southwest corner of the building (ground -
level), as noted on the attached site plan. The concrete vent structure is
approximately 7.5 feet in height and is located above a retaining wall. The overall
height (vent structure and retaining wall) is approximately 11 feet above the sidewalk
area. The applicant proposes to place signage on the south and west sides of the
vent structure, facing W. Capitol Avenue and Broadway Street. The sign on each
side will be approximately 41 square feet in area, including the street
number/address of the property. The sign will contain individual names of
businesses within the building. Staff considers the proposed signage a ground -
mounted sign.
OCTOBER 31, 2016
ITEM NO.: 4 (CON'T.)
Section 36-342.1(C )(11) of the City's Zoning Ordinance requires that ground -
mounted signs be reviewed and approved by the Board of Adjustment. Therefore,
the applicant is requesting a variance to allow the ground -mounted sign.
Staff is supportive of the requested variance. Staff views the request as reasonable.
The applicant is proposing to place signage on an existing concrete vent structure
which sits approximately six (6) to seven (7) feet away from the building, at the
building's southwest corner. Signage previously existed on the vent structure. The
amount of signage will be very minimal, with only approximately 41 square feet
facing each of the two (2) street frontages. The sign will not be out of character with
other ground -mounted signs along Broadway Street. There is a larger ground -
mounted sign for Arvest Bank at the southwest corner of this intersection, with other
ground -mounted signs to the south along Broadway Street. Staff believes the
proposed sign will have no adverse impact on the adjacent properties or the general
area.
C. Staff Recommendation.-
Staff
ecommendation:
Staff recommends approval of the requested variance to allow a ground -mounted
sign, subject to a permit being obtained for the sign.
BOARD OF ADJUSTMENT
(October 31, 2016)
Staff informed the Board that the application needed to be deferred to the December 12,
2016 agenda, based on the fact that the applicant failed to complete the notifications to
surrounding property owners.
The item was placed on the consent agenda and deferred to the December 12, 2016
agenda. The vote of 3 ayes, 0 noes and 2 absent.
W
975
MUSES
TUCKER
September27, 2016 REAL ESTATE
Mr. Monty Moore
City of Little Rock
723 W. Markham
Little Rock, AR 72201
RE: Regions Center -400 W. Capitol Ave
Zoning Variance
Dear Monty:
The purpose of this letter is to provide a zoning variance application for the installation of a monument
sign to be located at the corner of W. Capitol Ave and Broadway at the Regions Center located at 400 W.
Capitol Ave. The reason this application is being made is because that the property is zoned Urban Use
and the proposed monument sign is not permitted. The proposed monument sign would not be
attached to the base of the building, but instead would be attached to an existing concrete structure as
shown on the attached illustrations. We believe the proposed application and installation of the
monument is appropriate as it utilizes an existing structure that is not unsightly within the boundaries of
the property and does not place the monument sign on the ground.
The proposed monument sign will attach to the existing concrete structure and will consist of a metal,
powder coated surface in a zinc colored finish. The sign will consist of two metal panels, one facing
Broadway and one facing W. Capitol. Each panel will have five individual sign panels for company
names. The sign frame will protrude approximately 5" beyond the concrete structure. The individual
panels will protrude approximately 2" from the metal panels. The individual panels will have 2" brushed
aluminum stand offs with %Z" thick acrylic panels. The proposed monument sign will also include the
building address along the top portion of the sign using the Buildings standard logo.
Please let me know if you have any questions.
Sincer�ly,
�t E
Jd n Martin
Moses Tucker Real Estate
Agent for Owner
Commercial Brokerage • Management •Leasing Development • Consulting
200 River Market Ave., Suite 300 , Little Rock, Arkansas 72201 Phone 501-376-6555 • Fax 501-376-6699
www.mosestucker.com
FILING DATE
ADOPTED: October 31, 2016
BOARD OF ADJUSTMENT
CALENDAR OF MEETING DATES
2017
NOTICE DEADLINE
MEETING DATE
11-01-16
12-02-16
12-12-16
12-13-16
01-20-17
01-30-17
01-31-17
02-17-17
02-27-17
02-28-17
03-17-17
03-27-17
03-28-17
04-14-17
04-24-17
04-25-17
05-12-17
05-22-17
05-23-17
06-16-17
06-26-17
06-27-17
07-21-17
07-31-17
08-01-17
08-18-17
08-28-17
08-29-17
09-15-17
09-25-17
09-26-17
10-20-17
10-30-17
10-31-17
12-01-17
12-11-17
12-12-17
01-19-18
01-29-18
NOTE: (1) All Board meetings to be held at 2:00 P.M. unless otherwise changed by
the Board. (City Hall, Board Room)
(2) Agenda meeting to be held at 1:30 P.M. in the Sister Cities Conference
Room on meeting date.
NOTICE: AN INTERPRETER WILL BE PROVIDED FOR THE HEARING IMPAIRED
UPON REQUEST. REQUEST SHOULD BE MADE TO THE DEPARTMENT
OF PLANNING AND DEVELOPMENT AT LEAST TWO WORKING DAYS
PRIOR TO THE SCHEDULED MEETING DATE.
BOARD OF ADJUSTMENT VOTE RECORD
DATE:
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MEMBER
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ALLISON, FRANK
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LINDSEY POLK, CAROLYN
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SMITH, CHRISTOPHER
TUCKER, ROBERT
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YATES, JEFF
TIME IN AND TIME OUT
ALLISON, FRANK
LINDSEY POLK, CAROLYN
SMITH, CHRISTOPHER
TUCKER, ROBERT
YATES, JEFF
AYE 0 NAYE ABSENT ABSTAIN Meeting Adjourned 1 ?� P.M.
OCTOBER 31, 2016
There being no further business before the Board, the meeting was adjourned at 2:13
p.m.
Date: ` )�C2an� ► ��
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Chairman'