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boa_03 30 2015LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES MARCH 30, 2015 e r ki Rolf 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 9, 2015 meeting were approved. III. Members Present Members Absent Jeff Yates, Chairman Rajesh Mehta Carolyn Lindsey Polk Robert Tucker Brad Wingfield, Vice Chairman City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA MARCH 30, 2015 2:00 P.M. OLD BUSINESS: A. Z-9014 402 E. V Street II. NEW BUSINESS: 1. Z-9016 9210 N. Rodney Parham Road 2. Z-9017 58001580615812 "C" Street MARCH 30, 2015 ITEM NO.: A File No.: Owner: Applicant: Address.- Description'. ddress:Description: Zoned Z-9014 V and Commerce, LLC Adam Day, AMR Architects 402 E. 31d Street North side of E. 3111 Street, between River Market Avenue and Cumberland Street, UU Variance Requested: "Variances are requested from the use and area provisions of Section 36-342.1 to allow outdoor dining in the public right- of-way, outdoor dining seating which exceeds 50 percent of the number of seats within a restaurant and a building addition which encroaches into the public right-of-way. Justification- The applicant's justification is presented in an attached letter. Present Use of Property: Parking Deck with Retail Space Proposed Use of Property: Parking Deck with Retail Space and Restaurant with Outdoor Dining STAFF REPORT A. Public Works Issues: 1. Two separate franchise permits must be obtained prior to construction of improvements within the City's right-of-way. One is for the building encroachment into the City right-of-way and the other is for the outdoor seating and weather screening encroachments into the City right-of-way. 2. For the two proposed encroachments into the City's right-of-way; the City's Board of Directors must review and approve the issuance of two separate franchise permits. Contact Debora Weldon, City Attorney, at 501-371-6812 to provide more information about the Board of Director's action. 3. The relocation of the bench and fire hydrant must be done according to the plans with the approval of the franchise permits. 4. The Board of Adjustment approval does not approve the issuance of franchise permits. The franchise permit has a separate application and approval process through the City's Public Works Department and all utilities. 5. Any improvements within the City's right-of-way not shown on the franchise permit application plans will not be allowed to be constructed. MARCH 30. 2015 ITEM NO.: A CQN'T. B. Staff Analysis: The UU zoned property at 402 E. 31d Street is occupied by a two-level parking deck. Access to the parking deck is by way of a driveway entrance at the southwest corner of the deck. Three (3) small retail spaces are located at the southeast corner of the parking deck. The applicant proposes to convert two (2) of the existing retail spaces to a restaurant use. The project consists of constructing second and third level additions on top of the parking deck, at its southeast corner, over the existing retail space. The first floor area will be used as a kitchen and ordering area. The new second level will be a food prep area. The new third level will be for indoor restaurant seating, with up to 80 seats. The project also includes an elevator/stairway addition on the east side of the parking deck at its southeast corner. Both the third level addition and elevator/stairway addition (stair landing only) will extend/cantilever four (4) feet into the public right-of-way area. The cantilever will be located ten (10) feet above the sidewalk area. The project also includes an area of outdoor dining (74 seats), immediately west of the retail space, extending the remaining length of the parking deck along E. 311, Street. The majority of the outdoor dining area will be located under the existing parking deck, with new interior walls being constructed. The area of outdoor dining will extend approximately 2 feet -8 inches into the public right-of-way. A four (4) foot wide awning will extend from the parking deck over the outdoor dining area. The awning will be located ten (10) feet above the sidewalk area. Additionally, at the exterior line of the outdoor dining area (2 feet -8 inches into the right-of-way), small poles (framing) will be installed which will support a roll -up inclement weather screen. The inclement weather screen will be located just outside a three (3) foot high metal fence which will define the area of outdoor dining. Section 36-342.1(d)(1)a, of the City's Zoning Ordinance states that outdoor dining shall not be located in the public right-of-way. Section 36-342.1(d)(1)b. states that the number of seats in an area of outdoor dining shall not exceed 50 percent of the number of seats within the restaurant it serves. Section 36-342.1(f)(1) allows buildings to be constructed to front property lines, but states that structures may not be built in the right-of-way. Therefore, the applicant is requesting variances from these ordinance requirements to allow a portion of the area of outdoor dining to extend into the public right-of-way, the area of outdoor dining to have seating exceeding 50 percent of the number of seats inside the restaurant, and the new building construction to extend into the public right-of-way. Staff is supportive of the requested variances. Staff views the request as reasonable. Similar areas of outdoor dining can be found throughout the downtown area. Most of the other areas of outdoor dining that have been approved encroach into the right-of-way more than this request. Given the nature of the project in converting a portion of the parking deck for restaurant use, the number of outdoor seats related to indoor seats should not be an issue. Additionally, staff has no issue with the proposed building encroachment into the MARCH 30, 2015 ITEM NO.: A ICON' right-of-way. As noted in the Public works comments (paragraph A. of this report), franchise permit approval will be required for the outdoor dining encroachment and building encroachment into the public right-of-way. The franchise permits will be reviewed by the Board of Directors. During this process, all public utility companies will also review the franchise requests. Board of Adjustment approval of the zoning variances does not guarantee that the franchise permits will be approved. Staff feels that this project will bring more pedestrian traffic to this area of Downtown tittle Rock, and have a positive impact on the area. Staff believes that the proposed project with variances from the UU district requirements will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested variances from the UU district standards, subject to compliance with the Public Works requirements as noted in Paragraph A. of the staff report. BOARD OF ADJUSTMENT (March 9, 2015) Staff informed the Board that the applicant submitted a letter on February 11, 2015 requesting this application be deferred to the March 30, 2015.agenda. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the March 30, 2015 agenda. The vote was 5 ayes, 0 nays and 0 absent. The application was deferred. Staff Update: Issues have been raised by Central Arkansas Water regarding an existing water main in the immediate area. These issues need to be resolved prior to Board of Adjustment action. Staff recommends deferral to the April 27, 2015 agenda to allow time to resolve the issues. BOARD OF ADJUSTMENT (March 30, 2015) Staff informed the Board that the application needed to be deferred to the April 27, 2015 agenda, so that Central Arkansas Water issues could be resolved. The item was placed on the Consent Agenda for deferral to the April 27, 2015 agenda. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. Mr. Monty Moore Department of Planning & Development 723 W. Markham Little Rock, Ar. 72201 RE: Board of Adjustment - The Shack Dear .Monty, N40SES TUCKER. REAL ESTATE. January 21, 2015 Enclosed you will find an application for a sidewalk variance to accommodate a very exciting new restaurant concept for the River Market District. We have been working for several months with Tim Chappell , a very successful local restaurateur, and AMR Architects to bring "The Shack BBQ" back to downtown Little Rock. The concept is to repurpose the south face of the parking garage that serves the Capital Commerce Center . The garage, which fronts on East 3`d between Rock & River Market Avenue was redesigned several years ago that enabled us to convert a dull, parking lot fagade into several retail storefronts. With "The Shack" we are attempting to create a sidewalk dining concept that will further enliven the neighborhood, and add a wonderful new dining establishment to the street & district. While virtually all the new restaurant space can be accommodated on or above the garage, we are seeking a franchise to encroach just over two (2) feet onto the sidewalk to create & encourage outdoor dining. The design includes fabric panels that can be opera on nice days, year-round but can also create a dining enclosure in the winter or during inclement weather. The systema is similar to the ones used by Local Lime at the Promenade & Big Orange at the Mid Towne Center. We appreciate your consideration of our request & will be glad to answer any questions you might have. Sincerely, J#my Mo es CC: Tim Chappell Rett Tucker Chris Moses Commercial Brokerage . Management • Leasing Development . consulting 200 River Market Ave., Suite 501 . Little Rock, Arkansas 722.01. phone 501-376-6555 . Fax 501-376-6699 www.mosestucker.com MARCH 30, 2315 ITEM NO.: 1 File No.: Owner: Applicant: Address. Description: Zoned: Z-9316 Parks Land Company, LLC Robert Brown 9213 N. Rodney Parham Road Lot 14, Towne Oaks Addition C-3 Variance Requested: A variance is requested from the building line provisions of Section 31-12 to allow construction of a new building which crosses a platted building line. A variance is also requested from the sign provisions of Section 36-557 to allow wall signage without direct street frontage. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Lot Proposed Use of Property: New Commercial Building (Grocery Store) STAFF REPORT 01 C Public Works Issues: No Comments Landscape and Buffer Issues: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. The City Beautiful Commission recommends ,preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. Staff Analysis: The C-3 zoned property at 92117 N. Rodney Parham Road is currently vacant, The property is located on the north side of N. Rodney Parham Road, just west of Reservoir Road. A commercial building (restaurant) which previously existed on the site was recently removed. An old asphalt parking area covers a portion of the MARCH 30, 2015 ITEM NO.: 1 (CON'T. site. The lot contains a 40 foot platted front building line along the south property line (N. Rodney Parham Road frontage). The applicant proposes to construct a new 15,000 square foot commercial building within the west half of the property, as noted on the attached site plan. The building will house a new grocery store use. Paved parking will be located on the east and north sides of the proposed building. The proposed building will be located 30.72 feet to 36.72 feet back from the front (south) property line, after right- of-way dedication. The building will be located six (6) feet from the west side property line. The southeast corner of the proposed building will cross the front platted building line by approximately four (4) feet. The building entry will be located on the east building fagade. The applicant is also proposing to install wall signage on the east and south building facades, Section 31-12(c) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Therefore. the applicant is requesting a variance from this ordinance standard to allow the new building which crosses a front platted building line. Section 36-557(x) of the City's Zoning Ordinance requires that all wall signage face street frontage. Therefore, the applicant is requesting a variance from this ordinance requirement to allow wall signage on the east side building fagade in addition to wall signage on the south front fagade. Staff is supportive of the requested building line and sign variances. Staff views the request as reasonable. The platted building line encroachment is a very minor encroachment. Only approximately 40 square feet of the building area will cross the building line. With the curvature of the street, the proposed building will appear to align with other existing buildings to the west. The proposed building exceeds the minimum 25 foot front setback as required for C-3 zoned properties. The proposed wall signage on the east fagade will provide better visibility to west bound traffic than the signage on the south fagade. The east fagade signage will also have some visibility from Reservoir Road, with the property being only one (1) lot west of the N. Rodney Parham Road/Reservoir Road intersection. Additionally, the signage will serve the building entrance which will be on the east side of the structure. Staff feels that the applicant has proposed a quality development for this site. The new development will have tremendously more landscaping (perimeter and interior) than the previous development. Staff believes the proposed building with the minor platted building line encroachment and wall signage on the south and east facades will have no adverse impact on the adjacent properties or the general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the new building. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. MARCH 30, 2015 ITEM NO.: 1 (CONI D. Staff Recommendation: Staff recommends approval of the requested building line and sign variances, subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. 2. The area of wall signage on the south and east building facades must not exceed ten (10) percent of the overall fapade areas. BOARD OF ADJUSTMENT (March 30, 2015) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda for approval as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was approved. February 25, 2015 Mr. Monte Moore City of Little Rock Planning & Development Division 723 West Markham Street Little Rock, Arkansas 72201 RE: Building Setback Variance Application Natural Grocers at 9210 North Rodney Parham Road Dear Monte: ■ moci D E V E L O P M E N T CO NS t1 LT AN TS I N C O R P D R A T E 0 Enclosed are our application materials regarding a request for a building setback variance for the proposed Natural Grocers site at 9210 North. Rodney Parham Road. The following items are provided for your review: 1. Six copies of the ,proposed site plan. 2. Three copies of the current boundary and topographic survey. 3. Completed application form. 4. Our check for the $205.00 application filing fee. This proposed development is located on a currently vacant lot, adjacent to the west side of Walgreens, and just west of Reservoir and Rodney Parham Roads. Natural Grocers has worked with their developer, Equity Ventures Commercial Development, and DCI to examine several site plan options that looked at different cross access locations.. truck maneuvering, parking, and landscape area compliance. We have also met with CLR Planning and Public Works on the various test plans and have settled on the enclosed site plan as a result of these efforts and the feedback provided. We are requesting a variance to reduce the existing front yard setback. The current building setback line was originally platted at a depth of 40 feet from the right-of-way line. This is in excess of the standard C-3 building setback requirement of 25 feet. There was also a right-of- way dedication later that came with a subsequent replat, and there is now another right-of-way dedication required to meet current requirements. This effectively reduced the original 40 foot platted setback to 35 feet, and now to 30 feet after the current dedication is made. Our request is to make the setback 28 feet to allow the building to shift further south and improve space for parking in the rear of the site. Without this variance we would not be able to achieve the parking required by Natural Grocers for this development. The effective landscape areas will also be greatly improved as there was virtually zero landscape area on the site with the previous developments. G:12 0141P la n ni ng114-18311483-002. d oc Engineering Planning • land Surveying Landscape Architecture MG North Rodney Parham Road, Suite 228 • little Rock, Arkansas 72212 • Telephone 581.221.7888 • Fax 501.221-7882 609 West Dickson Street, Suite 205A • Fayetteville, Arkansas 72701 • Telephone 419.444.7888 • Fax 479.251-8218 February 25, 2015 Page Two Please let me know if you have any questions or require additional information. Sincerely, Development Consultants Incorporated Robert . rown Vice President G.12 0141P Pa nni ng114-1831148 3-0 a 2 . do c MARCH 30, 2015 ITEM Na.: 2 File No.: Z-9017 Owner: Jett Ricks Applicant: Pat McGetrick Address: 580015806/5812 "C" Street Description: Northwest corner of "C" Street and N. Pierce Street Zoned: R-3 Variance Requested: Variances are requested from the area provisions of Section 36-255 to allow construction of three (3) single-family residences with reduced front and rear setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Lots Proposed Use of Property: Single Family Residences STAFF REPORT A. Public Works Issues: No Comments B. The R-3 zoned property at 5800/5806/5812 "C" Street is currently vacant and mostly grass covered. The property is located at the northwest corner of "C" Street and N. Pierce Street. The property is comprised of three (3) platted single-family lots. The lots are 100 feet deep and range in width from 61 feet to 75 feet. The overall property slopes slightly downward from front to back (south to north). The applicant proposes to construct one (1) single family residence on each of the three (3) lots, as noted on the attached site plan. Front setbacks are proposed ranging from 20 feet to 28 feet. Proposed rear setbacks range from 16.27 feet to 30.78 feet. All side setbacks are five (5) feet or greater. The easternmost lot will have a two (2) car wide driveway from N. Pierce Street. The two (2) lots to the west will have two (2) car wide drives from "C" Street. Section 36-255(d)(1) of the City's Zoning Ordinance requires a minimum front building setback of 25 feet for R-3 zoned property. Section 36-255(4)(3) requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances from these ordinance requirements to allow the construction of three (3) new single family residences with reduced front and rear setbacks. MARCH 30, 2015 ITEM NO.: 2 (CON'T. Staff is supportive of the requested front and rear setback variances. Staff views the request as reasonable. Staff believes a hardship exists in this case due to the fact that the lots have a rather shallow lot depth of 100 feet. Typical R-3 zoned lots have depths of 140 to 150 feet. The proposed encroachments requestedare relatively minor. The majority of the proposed front encroachments are for covered ,porch areas, with the main walls of the houses being over 25 feet back from the front property line. The same holds true for the reduced rear setbacks. Only small "bump -out" portions of the structures encroach into the 25 foot rear setback area. Additionally, there are several existing structures to the east and west alone the north side of "C" Street, which are located as close or closer to their front property lines. Staff believes the proposed single family residences with reduced front and rear setbacks will be in keeping with the character of the neighborhood, and should have no adverse impact on the general area. C. Staff Recommendation: Staff recommends approval of the requested front and rear setback variances, subject to all "porch" and "veranda" areas as noted on the site plan remaining unenclosed. BOARD OF ADJUSTMENT (March 30, 2015) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda for approval as recommended by staff. The vote was 4 ayes, © nays and 1 absent. The application was approved. Mo etrick & McGetrick -Inc. Civil Engineering _:j: -'_ Z February 25, 2015 — � o / 7 Monte Moore City of Little Rock, Arkansas Planning and Development 723 West Markham Little Rock, AR 72201-1334 Re: Request for Zoning Variance — Edgemere Park Dear Mr. Moore: We are herewith submitting a request for a zoning variance for Edgemere Park. It is currently zoned R- 3 and we are requesting a reduction in front and rear setbacks as shown on the attached site plan. The lots are only 100 feet deep and 60 feet wide and therefore the single family houses that we plan on constructing on these lots will require a variance. If you have any questions regarding the information provided, please feel free to contact me. Sincerely, M nick & etrick, Inc. -trick . cGetrick, F. PM:cmc 11419 Stagecoach Road Little Rock, AR 72210 501455-8899 501-455-0525 rncgetrickz@sbeglobal.net }0 W w w 0 Z LL 0 0 m di a m L Q tw Q) a) Z U) Cfl Q z w LU z Q z. M J 00 W d L) 2 ZLu d W dLL d rr ❑ It LU LL, d - W li CO z W z MARCH 30, 2015 There being no further business before the Beard, the meeting was adjourned at 2:04 p.m. date:nA '�T-x\' Chair n t.