Loading...
boa_04 25 2016LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES APRIL 25, 2016 2:00 P.M. Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. Approval of the Minutes of the Previous Meetings The Minutes of the March 28, 2016 meeting were approved. Members Present: Members Absent: Jeff Yates, Chairman Rajesh Mehta Carolyn Lindsey Polk Robert Tucker, Vice Chairman Brad Wingfield City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA APRIL 25, 2016 0010 :A 8A OLD BUSINESS: No Old Business NEW BUSINESS: 1. Z -3446-B 5907 S. Country Club Blvd. 2. Z-4933-1 15,721 Chenal Parkway 3. Z-9130 15 Lombardy Lane 4. Z-9131 400 President Clinton Avenue APRIL 25, 2016 ITEM NO.: 1 File No.: Z -3446-B Owner: West Heights, LLC Applicant: Kelley Johnson Address: 5907 Country Club Blvd. Description: Lot 113, Forest Heights Place Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 to allow a new residence with reduced side and rear setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Lot Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The property at 5907 Country Club Blvd. is currently an undeveloped lot. The property is located on the south side of Country Club Blvd., east of N. University Avenue. The lot was previously utilized as extra yard space for the residence immediately to the west. The applicant proposes to construct a new two-story residence on the property, as noted on the attached site plan. The residence will be located 25 feet back from the front (north) property line, 21.6 feet back from the rear (south) property line, 10 feet to 19 feet back from the west side property line and five (5) feet from the east side property line. A driveway will be located at the northwest corner of the lot. The drive will extend along the west side of the residence to a side -loading garage at the rear of the structure. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of six (6) feet for this 60 foot wide residential lot. Section 36-254(d)(3) requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances to allow a reduced side setback of five (5) feet along the east side property line and a reduced rear setback of 21.6 feet. APRIL 25, 2016 ITEM NO.: 1 (CON'T.) Staff is supportive of the requested variances. Staff views the request as reasonable. Both the proposed reduced side and rear setbacks are in character with other properties throughout this neighborhood. There are a number of 50 foot wide lots throughout this neighborhood, which require/allow five (5) foot side setbacks. The proposed residence is being located further east on the lot in order to have enough vehicular maneuvering area to access the side -loading garage portion of the residence. Additionally, the requested reduced rear setback is a very minimal encroachment. It is within one (1) foot of being able to qualify for an administrative "sign -off". Staff believes the proposed residence with reduced rear and side setbacks will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested side and rear setback variances, as filed. BOARD OF ADJUSTMENT (April 25, 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 4 ayes, 0 noes and 1 absent. 2 March 17, 2016 Westheights, LLC 2707 Kavanaugh Blvd., Suite 300 Little Rock, AR 72205 RE: Residential Zoning Variance Department of Planning and Development, Our present plans for Lot 113 Forest Heights Place encroach approximately 4.4 feet on the South of said lot and 1 foot on the East of said lot. Based upon the new construction in the area, we feel that this request is within the range being a reasonable variance request. To modify our existing plans would be cost prohibitive. We respectfully request approval for variance on our present plans as a single family residence. Sincerely, —A-;7f� �v Robert Perry Kelley Joh s n APRIL 25, 2016 ITEM NO.: 2 File No.: Z-4933-1 Owner: Chenal Investments, LLC Applicant: Joe White, White-Daters and Associates Address: 15,721 Chenal Parkway Description: Southeast corner of Chenal Parkway and Kanis Road Zoned: C-3 Variance Requested: A variance is requested from the sign provisions of Section 36-557 to allow a wall sign without public street frontage. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Branch Bank Proposed Use of Property: Branch Bank STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The C-3 zoned property at 15,721 Chenal Parkway is occupied by a two-story commercial building, which houses a branch bank facility (Onebanc). The property is located at the southeast corner of Chenal Parkway and Kanis Road. Paved parking is located on the north and west sides of the building. There is an access drive from Kanis Road at the south end of the property and an access drive (right - in, right -out only) from Chenal Parkway at the northeast corner of the property. A ground -mounted sign is located at the northwest corner of the property. Wali signage is located on the north and west building facades. Drive-thru lanes are located on the east side of the building. The applicant proposes to install a wall sign on the east fagade of the building, as noted on the attached graphics. The proposed sign will be approximately two (2) feet by 15 feet in area. It will be similar to the existing wall signs on the north and west facades. The applicant notes that the wall sign on the east fagade is needed to "allow motorists that are west bound on Chenal Parkway to see the branch earlier allowing additional time to merge into the left turn lane at the Kanis Road intersection." APRIL 25, 2016 ITEM NO.: 2 (CON'T.) Section 36-557(a) of the City's Zoning Ordinance requires that all wall signs face required street frontage. Therefore, the applicant is requesting a variance to allow the proposed wall sign on the east fagade of the building, without public street frontage. Staff does not support the requested sign variance. Staff does not believe the request as reasonable. Staff does not agree with the applicant's assessment regarding the need for the sign on the east fagade. There is no left turn into this property for west bound traffic along Chenal Parkway. West bound traffic on Chenal Parkway has to turn left onto Kanis Road and use the access drive at the south end of the property. Staff feels that the existing wall sign on the north fagade and the existing ground -mounted sign at the northwest corner of the property provide adequate identification of the bank facility to west bound motorists, allowing ample time for merging into the left turn lanes to Kanis Road. Staff does not believe that an additional wall sign is warranted in this case. C. Staff Recommendation: Staff recommends denial of the requested wall sign variance. BOARD OF ADJUSTMENT (April 25, 2016) Joe White was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Joe White addressed the Board in support of the application. He explained that the sign on the east building fagade was needed so that west bound motorists on Chenal Parkway would have time to merge left and turn onto Kanis Road. He gave examples of other wall signs without street frontage in the area. This issue was briefly discussed. Rajesh Mehta asked how customers locate the bank. This issue was briefly discussed. Vice -Chair Tucker asked how high off the ground would the proposed sign be. Mr. White noted approximately 20 feet. This issue was discussed. Debra Weldon, City Attorney, noted that according to the Board's bylaws, no action by the Board of Adjustment sets a precedent for other actions. Dana Carney, Planning Staff, explained that some of the examples of signs without street frontage noted by Mr. White were part of PZD zonings. He explained the recent change in the ordinance which granted the Board of Adjustment authority to hear variance requests within overlay districts. There was additional brief discussion regarding signs without street frontage. There was a motion to approve the requested sign variance, as filed. The motion failed by a vote of 0 ayes, 4 nays and 1 absent. The application was denied. 14 © WHITE - DATERS & ASSOCIATES, INC. 24 Rahling Circle Little Rock, Arkansas 72223 0 Phone: 501-821-1667 www.whitedaters.com March 29, 2016 Mr. Monte Moore City of Little Rock Neighborhoods and Planning 723 W. Markham St. Little Rock, AR 72201 RE: One Banc 15,721 Chenal Parkway Mr. Moore, Attached please find the zoning variance application for Lot 2, One Source Addition. The property address is 15,721 Chenal Parkway. The property is located at the southeast corner of Chenal Parkway and Kanis Road. This is the current location of a One Banc branch. The bank is requesting a sign variance to allow an additional sign on the east side of the building adjacent to the shared driveway. The driveway is shared with Windstream and the Altitude Park. The additional sign would allow motorists that are west bound on Chenal Parkway to see the branch earlier allowing additional time to merge into the left turn lane at the Kanis Road intersection. We believe the additional sign will allow safer movements for the west bound vehicles. Please place this item on the next available docket. Do not hesitate to call should you have any questions or require additional information. CIVIL ENGINEERING - LAND PLANNING & DEVELOPMENT - SURVEYING - LANDSCAPE ARCHITECTURE APRIL 25, 2016 ITEM NO.: 3 File No.: Z-9130 Owner: Vann and Cathy Smith Applicant: Vann Smith Address: 15 Lombardy Lane Description: Lot 129, McMillen Replat Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a covered deck with a reduced side setback. 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 Fa Public Works Issues: No Comments. Staff Analysis: The R-2 zoned property at 15 Lombardy Lane is occupied by a 1 1/2 story rock and frame single family residence. The property is located at the southeast corner of Lombardy Lane and Kavanaugh Blvd. The property slopes downward from front to back (west to east). A one -car wide driveway from Kavanaugh Blvd. is located near the northeast corner of the lot. The driveway leads to a garage at the northeast corner of the residence. The applicant proposes to cover and screen -in an existing deck area located on the south side of the residence, as noted on the attached site plan. The proposed covered, screened -in deck will be located five (5) to six (6) feet back from the south side property line, and 25 feet back from the rear (east) property line. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of eight (8) feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow a side setback of five (5) to six (6) feet for the proposed covered, screened -in deck. APRIL 25, 2016 ITEM NO.: 3 (CON'T.) Staff is supportive of the requested side setback variance. Staff views the request as reasonable. The proposed reduced side setback is a very minimal encroachment of two (2) to three (3) feet. The reduced side setback will not be out of character with other side setbacks throughout this neighborhood, especially within the blocks to the north. Staff feels that adequate space will exist between the proposed covered, screened -in deck and the residence immediately to the south. Staff believes that the proposed covered, screened -in deck with a reduced side setback will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested side setback variance, as filed. BOARD OF ADJUSTMENT (April 25, 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, 1 absent and 1 recusal (Tucker). F) Vann Smith 15 Lombardy Lane Little Rock, Arkansas 72207 March 29, 2016 Department Of Planning and Development 723 West Markham Little Rock, AR 72201 Re: Application for Residential Zoning Variance 15 Lombardy Lane Little Rock, AR 72207 Dear Members of Planning Commission: My wife and I request a variance at our house at 15 Lombardy Lane, Little Rock, AR in order to build a covered roof over our 14' x 20' deck that is adjacent to our kitchen. We plan on screening in the deck. We have lived in our house for approximately 28 years and have tried to make improvements to our home to make it more enjoyable to live. The covered deck will allow us to use the outside area off the kitchen during most of the year and also enlarge our living space at our home. We like to cook out but the insects and bugs that we have during parts of the years make it almost unbearable. We plan on living in our home for years to come and not only will it look better, but will be we will be able to utilize the extra space the covered and screened deck will provide. If you have any questions, please feel free to contact me at 340-8538 (work), 663-7284 (home) or 580-9443 (cell). Thank you for your consideration. Yours very truly, ann Smith APRIL 25, 2016 ITEM NO.: 4 File No.: Z-9131 Owner: Little Rock Advertising and Promotion Commission Applicant: David Bubbus, David's Burgers Address: 400 President Clinton Avenue Description: Northwest corner of President Clinton Avenue and St. Vincent Plaza Zoned: UU Variance Requested: Variances are requested from the sign provisions of Section 36-353 and the building form provisions of Section 36-356 to allow a projecting sign with increased projection from a building, and a building addition with increased setback from a front property line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Restaurant Proposed Use of Property: Addition to Restaurant STAFF REPORT I 191 Public Works Issues: No Comments. Staff Analysis: The UU zoned property at 400 President Clinton Avenue is occupied by the River Market's "Market Hall" building. The Market Hall building is located on the north side of President Clinton Avenue, between Ottenheimer Plaza and St. Vincent plaza. A smaller building housing a police sub -station is located immediately to the east at the northwest corner of President Clinton Avenue and St. Vincent Plaza. A fenced outdoor seating area is located on the east end of the Market Hall building, between it and the police sub -station building. The applicant, David's Burgers, will take over the Boulevard Bread restaurant space within the east end of the Market Hall building. As part of the project, the applicant proposes to add a one story addition that measures 21 foot by 40 foot to the Market Hall building on the east side near the current police building. It will be for public seating for patrons of the River Market with 15 booths for diners. There will be a double door on the east side of glass with no doors. It will feature two shades of brick, the primary color being the reddish brick (Garnet Smooth Brick) APRIL 25, 2016 ITEM NO.: 4 (CON'T.) with the accent color of Dove Gray under the windows. There will be wall sconce lighting by the double doors on the east and under the awnings on the east side. There will be a 10'-4" separation between the police building and the proposed addition. The addition will be set back 18 feet from the front (south) property line along President Clinton Avenue. The fenced seating area along President Clinton Avenue will be removed and the plaza area in front of the addition will be for public use. It is unsure whether the tables and chairs will be replaced at this time. The applicant also proposes to install a new projecting sign at the southeast corner of the Market Hall building, over the sidewalk area. The proposed sign measures 4.75' wide by 3.1 feet tall. It is an oval shape with the background painted in red, white and multiple colors. The text is "David's Burgers" with a hamburger depicted in the center. There is a white stripe around the perimeter of the sign. The white stripe will be accented with white neon for illumination. The sign will be mounted with a 9'-6" clearance above the sidewalk. The applicant is requesting two (2) variances for the proposed project. The first variance is from Section 36-356(g)(1) of the City's Zoning Ordinance, which states that buildings shall have a zero (0) foot build to line along public right-of-way. As noted above, the proposed building will have an 18 foot setback from the front (south) property line along President Clinton Avenue. The second variance is from Section 36-353(e)(1)c. which states that projecting signs shall extend a maximum of three (3) feet from the face of a building. The proposed projecting sign will extend from the building 4.75 feet. Staff is supportive of the requested variances. Staff views the request as reasonable. The proposed addition will be a quality addition to the Market Hall building and will provide needed indoor seating area. The space between the building addition and President Clinton Avenue will be for public space, and may be used for outdoor seating in the future. Additionally, the proposed projecting sign will not be out of character with other building -mounted signs within the River Market District. The proposed sign exceeds the minimum clearance of nine (9) feet above the sidewalk area. The River Market Design Review Committee reviewed and approved the proposed project on March 8, 2016. Staff believes the proposed building addition and projecting sign will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested building setback and sign variances, as filed. 2 APRIL 25, 2016 ITEM NO.: 4 (CON BOARD OF ADJUSTMENT (April 25, 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 4 ayes, 0 noes and 1 absent. Application to the River Market Design Review Committee Dear Board of Adjustment, David's Burgers humbly submits our request for a non-residential zoning variance regarding the seating area located at 400 President Clinton Ave. Little, AR. The proposal that David's Burgers has previously submitted and has been approved, allows for an addition of a glass enclosed seating area adjacent to the existing building. Fire code regulations will not allow a glass wall next to the police station. We would need to move the wall next to the police station back 18 feet, to comply with those fire code regulations. According to Section 36-356(g)(1), "Buildings shall have a zero foot build to line along the public street right-of-ways. We are requesting a variance for an 18' setback from President Clinton Avenue. The 18' set back would be filled with patio furniture that is aesthetically appealing to the area and inviting to the guests. We thank you for your time and eagerly anticipate our meeting. Thank you, Summer Lang, David's Burgers i f t Application to the River Market Design Review Committee Dear Board of Adjustment, David's Burgers humbly submits our plans for a zoning variance regarding a sign located on the property at 400 President Clinton Avenue, Little Rock, Arkansas 72201. David's Burgers logo is an oval shape, which has a larger than normal width. The neon tubing that is required to be used on all River Market signage can only be bent to a certain degree. The smallest the tubing can be bent to create the oval sign used in the David's Burgers logo is a width measuring 4.75'. The ordinance only allows for a width of 3'. In order to comply with the neon lighting requirement while still keeping the brand recognition of the David's Burgers logo, we will need to be granted a variance allowing a width of 4.75' for the sign. Due to the sign's short height, the extension of the sign can be accomplished without overwhelming the area. We thank you for your time and eagerly anticipate our meeting. Thank you, Summer Lang, David's Burgers Legal Assistant River Market Design Review Committee Kate East, Chair Jim Rice, Vice -Chair Presley Melton, Member Michael Hickerson, Member Michael McCallum, Member Planning and Development • 723 W. Markham • Little Rock, Arkansas 72201 •501-371-4790 • fax 501-399-3435 April 12, 2016 Board of Adjustment 723 West Markham Little Rock, AR 72113 Re: David's Burgers Chairman and Members, The River Market DRC met on March 8, 2016 and reviewed the signage and building addition at 400 President Clinton Avenue for David's Burgers. The DRC did approve the item as submitted. The final vote was 3 yes, 1 absent and 1 recusals. Thank you, Brian Minyar I River Market DRC Staff DATE: L � BOARD OF ADJUSTMENT, VOTE RECORD � S 1 � G'DAJSE�I i RS/ �rr�.[ MEMBER 3 2 LINDSEY POLK, CAROLYN MEHTA, RAJESH ,� ✓ TUCKER, ROBERT ,/ R ,, WINGFIELD, BRAD A f} YATES, JEFF TIME IN AND TIME OUT LINDSEY POLK, CAROLYN R kL R; 0 MEHTA, RAJESH yc £ s 07—ih TUCKER, ROBERT WINGFIELD, BRAD YATES,JEFF Meeting Adjourned 2. 2 2 P.M. /AYE ® NAYE _ABSENT AJS ABSTAIN 1� RSCUSL APRIL 25, 2016 There being no further business before the Board, the meeting was adjourned at 2:22 p.m. Date: M6i�y� 2 i f.)L CA--" I—, ---J Chairman