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boa_01 27 2014LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES JANUARY 27, 2014 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 December 16, 2013 meeting were approved. III. Members Present: Jeff Yates, Chairman Scott Smith, Vice Chairman Robert Winchester Brad Wingfield Members Absent. Rajesh Mehta City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA JANUARY 27, 2014 OLD BUSINESS: A. Z-8888 307 President Clinton Avenue B. Z-8889 10510 Interstate 30 C. Z-8895 6624 Colonel Glenn Road II. NEIN BUSINESS: 1. Z -5873-B 103 S. Park Street 2. Z -8630-A 1007 Main Street 3. Z-8908 2801 N. Fillmore Street JANUARY 27, 2014 ITEM NO.: A File No.: Z-8888 Owner: Melton Properties LLC Applicant: Daniel Bryant, Ernie Biggs Address: 307 President Clinton Avenue Description: Southeast corner of President Clinton Avenue and S. Cumberland Street Zoned: U U Variance Requested: A variance is requested from the building form provisions of Section 36-356 to allow alteration of a historical storefront. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Ernie Biggs Piano Bar Proposed Use of Property: Ernie Biggs Piano Bar STAFF REPORT 0 M Public Works Issues: No Comments. Staff Analysis: The UU zoned property at 307 President Clinton Avenue is located on the south side of President Clinton Avenue, between Cumberland and Rock Streets. The property contains a two-story commercial building. Ernie Biggs Dueling Piano Bar occupies the first floor of the building. The applicant, Daniel Bryant of Ernie Biggs, proposes to alter the first floor fagade of the building to create an area of outdoor dining. The existing doors and windows which make up the front fagade will be removed. New decorative railing will be installed at a height of 4 feet — 5 inches. A new raised floor will be installed to be level with an existing floor. Sliding glass windows will be installed above the railing. The structural members of the existing building fagade will remain in place. The outdoor area will have a depth of approximately 15 feet. The proposed alteration is shown in attached sketches. The applicant is requesting variances from two (2) provisions of the City's Zoning Ordinance. Below is Section 36-356 of the River Market Design Overlay District section of the ordinance: JANUARY 27, 2014 ITEM NO.: A [CAN'T. Sec. 36-356. Building form. (a) Materials (1) Historic materials or distinctive architectural features shall not be removed or hidden. (2) The type of materials and their color, texture, scale and detailing shall be compatible with those of buildings on adjacent sites. (3) Surface cleaning of historic structures shall be done with the gentlest possible method. Physical or chemical treatments, such as sandblasting or high pressure water cleaning, that cause damage to historic material shall be prohibited. ( c) Openings. (1) Historical upper fagade windows shall retain original dimensions and details. (2) Historical storefront configuration shall not be altered. (3) New construction shall have a pattern of windows and doors that resemble similar patterns on facades of adjacent buildings. (4) Primary entrances shall be parallel with the street. The variances are requested from Sections 36-356(a)(1) and (c )(2). The applicant proposes to remove doors and sidelights, altering the historic storefront configuration of the building. Staff supports the requested variances associated with altering the first floor fagade of the building. Staff views the request as reasonable. On ,January 14, 2014 the River Market Design Review Committee unanimously approved the proposed project. During this process staff of the Arkansas Historic Preservation Program (AHPP) also reviewed and approved' the fagade alteration. Staff agrees with the AHPP's determination that the building will not lose its "Contributing Status" because of the change, including the addition of movable sliding windows to give the impression of the original windows. With the windows closed, the space would not be weather tight. The railing does not have a solid surface behind or in front of it. Therefore, this would be a three season area only. Staff would not oppose if the owner/applicant placed a glass wall either in front of or behind the railing in the future to make the area weather tight and useable year round. Additionally, staff suggests that the doors and side lights be stored on-site and appropriately labeled as such so that they could be reinstalled at a later date if it is ever determined to do away with the outdoor dining concept, Staff believes the facade alteration will have no adverse impact on the adjacent properties or general area. C. Staff Recommendation: Staff recommends approval of the requested variances associated with the proposed fagade alteration project, with the owner/tenant option of installing glass behind or in front of the railing at a later date to make the dining area a year round use. JANUARY 27, 2014 ITEM NO.: A (CON'T. BOARD OF ADJUSTMENT (October 28, 2013) Staff informed the Board that the application needed to be deferred to the November 25, 2013 agenda, based on the fact that the issue was still pending before the River Market Design Review Committee. Staff noted that the applicant did not object to the deferral. The item was placed on the Consent Agenda for deferral to the November 25, 2013 agenda as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. BOARD OF ADJUSTMENT (November 25, 2013) Staff informed the Board that the application needed to be deferred to the January 27, 2014 agenda, based on the fact that the issue was still pending before the River Market Design Review Committee. Staff noted that the applicant did not object to the deferral. The item was placed on the Consent Agenda for deferral to the January 27, 2014 agenda as recommended by staff. The vote was 5 ayes, 0 nays and 0 absent. The application was deferred. BOARD OF ADJUSTMENT (January 27, 2014) 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. 7,g��,K September 13, 2013 Mr. Minyard, Please accept this application for improvement(s) to Ernie Biggs' Dueling Piano Bar located at 307 President Clinton Ave. The proposed plan is the recessing of a portion of the current storefront approximately fifteen feet so that a covered, street side patio can be created. Materials and colors appropriate to the use, building and neighborhood will be utilized in this project. Street -side patios are commonplace and well received in all similarly sized cities and districts and we feel this will be the same. We also feel there is a good possibility the patio will offer other ancillary benefits such as an alternative to smoking indoors and reason for our business to increase daytime hours of operation, Thank you for your consideration, Daniel Brvant River _ b Market Presley Melton, Chairman Terry Burruss, Vice -Chairman Design Jim Rice, Member Review Kate East, Member Committee Michael Hickerson, Member Planning and Development + 723 W. Markham • Little Rock, Arkansas 72201 •501-371-47914 • fax 501-399-3435 January 14, 2014 Board of Adjustment 723 West Markham Little Rock, AR 72.201 Re: Ernie Biggs Patio Chairman and Members, The River Market DRC met on January 14, 2014 and reviewed the fagade changes at 307 President Clinton Avenue for Ernie Biggs Dueling Piano Bar. The DRC approved the fagade changes as revised. The motion was made with Staff recommendations of approval of the application with the owner/tenant option of installing glass behind or in front of the railing at a later date to make the area a year round use. The final vote was 4 yes, 0 noes and 1 open position. Thank you, Brian Minyard River Market DRC Staff JANUARY 27, 2014 ITEM NO.: B File No._ Owner: Applicant: Address: [Description: Zoned: Russell Atkinson/Atkinson Properties LLC Lamar Advertising by Michael Shannon 10510 Interstate 30 North side of 1-30, West of Baseline Road C-3 Variance Requested: Requested appeal of the Planning Staffs denial of a permit to install an off -premise billboard sign. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Billboard sign Staff Report: On August 20, 2013, Lamar Advertising submitted a sign permit application for a billboard sign at 10510 Interstate 30. The permit was for a 14 foot by 48 foot off - premise billboard sign with a height of 35 feet. The proposed billboard site is zoned C- 3. The permit was requested contingent upon removing two (2) existing billboard signs on adjacent property. The billboard sign at 10400 1-30 (permit #20061) and 10600 1-30 (permit #17719) were proposed to be removed prior to the installation of the new billboard at 10510 1-30. Section 36-556(x)(4) of the City's Zoning Ordinance (off -premise sign regulations) reads as follows: "4. No billboard site shall be located less than one thousand (1,000) feet from another billboard site. The separation requirement shall be measured along the nearest edge of pavement between points directly opposite the signs, provided that only on streets separated by a median, each side of the street shall be considered separately for distance purposes." Can August 29, 2013 City Planning staff informed the applicant that the billboard permit for 10510 1-30 was denied and could not be approved because the proposed sign site did not conform with Ordinance standards for an off -premise sign site. There were conversations between the applicant and City Planning staff prior to August 29, 2013, informing the applicant that the proposed sign did not meet the requirement to be separated from other existing billboards by at least 1,000 feet. JANUARY 27, 2014 ITEM NO.: B (CON'T The applicant, Lamar Advertising, is appealing staffs denial of the sign permit to allow an off -premise billboard sign at 10510 Interstate 30. Please see the attached packet of information submitted by Michael N. Shannon, the applicant's legal counsel. The Board of Adjustment is being asked to determine if staff was correct or incorrect in the denial of the sign permit for the off -premise billboard sign at 10510 Interstate 30. Since August 29, 2013, the City Attorney's office reviewed the issue and agreed that the City ordinances do not provide for contingent billboard permits. It also determined that under the circumstances, Lamar Advertising would need to relinquish its off -premise billboard permits at 10400 and 10600 Interstate 30 before a sign permit could be issued, upon proper application, for a billboard that otherwise would not meet spacing requirements. Relinquishing the permits would mean that the two (2) billboard signs would no longer be legal signs, there being no right to have them in those locations, and therefore they would have to be removed immediately. The applicant was made aware of that determination. BOARD OF ADJUSTMENT (October 28, 2013) Staff informed the Board that on October 23, 2013, the applicant requested deferral of the application to the November 25, 2013 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the November 25, 2013 agenda as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. BOARD OF ADJUSTMENT (November 25, 2013) Staff informed the Board that on November 25, 2013, the applicant requested deferral of the application to the January 27, 2014 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the January 27, 2014 agenda as recommended by staff. The vote was 5 ayes, 0 nays and 0 absent. The application was deferred. BOARD OF ADJUSTMENT (January 27, 2014) Staff informed the Board that on January 23, 2014 the applicant requested withdrawal of this application. Staff supported the withdrawal request. The item was placed on the Consent Agenda for withdrawal. The vote was 4 ayes, 0 nays and 1 absent. The application was withdrawn. Quattlebaum, Grooms, Full &. Burrow A PROFESSIONAL LIMITED LIABILITY COMPANY 11 I Center street. Suite 1900 Little hock, Arkansas 72201 (501) 379-1700 • (501) 379-1701— Fax Michael N. Shannon mshannon@ggtb.com Licensed in Arkansas, Missouri and Kansas August 30, 2013 Via Hand Delivery and Electronic Mail Little Rock Board of Zoning Adjustment C/O Dana Carney Planning and Development Department 723 West Markham Street Little Rock, AR 72201 dcamey@littlerock.org Dear Board Members: Direct Dial $01-379-1715 Direct Fax 501-379-3516 On August 20, 2013, Lamar Advertising submitted a Sign Permit Application ("Application"). A copy of the Sign Permit Application 1s enclosed as Exhibit 1. In the Application, Lamar provided that it understood the permit to be contingent upon removal of two nearby sign structures that Lamar owns. In short, Lamar proposed to replace 2 structures (Permit Numbers 20061 and 17719) with a single new structure. Lamar provided further that no new construction would take place under the permit until the two existing signs were removed and notice was provided to the City of Little Rock for inspection. On August 29, 2013, the City Planning and Development Department denied Lamar's Application (the "Denial"). An e-mail form Dana Carney to Thomas Gibbens is attached as Exhibit 2. In the Denial, the Planning and Development Department Provided "[t]he request to have a permit issued contingent upon the removal of the other sign structures has been denied. If, at some time, the site complies with the Ordinance standards for an off -premises sign site, a permit request may be filed." The Denial does not provide any specific reasons for why the site did not comply with the Ordinance standards for an off -premises sign. Lamar understands that the only reason the site does not comply is because of spacing with the existing two signs Lamar owns and agreed to remove upon issuance of the permit. Lamar hereby appeals the denial of its Application to the Board of Zoning Adjustment as provided in Little Rock Code of Ordinance § 36-538. Lamar requests that the Board of Zoning Adjustment issue to Lamar a permit for the alteration and consolidation of two signs and construction of a single new sign. Dana Carney Little Rock Board of Zoning Adjustment August 30, 2013 Page 2 Under the Sign Ordinance, "Alteration means to replace, exchange, reconstruct, renovate, move, relocate, animate, enlarge or decrease in size." See Little Rock Code of Ordinance § 36- 530. In this case, Lamar owns the two signs that it proposes removing. It follows that Lamar is not seeking to construct a "new" sign; rather, under the Sign Ordinance, Lamar merely seeks a permit for alteration of two existing signs. The proposed alteration of Lamar's own signs complies with all provisions of the Sign Ordinance and Little Rock City Code. The purpose of the Sign Ordinance is to "control and coordinate the type, placement and physical dimensions of signs within the various zoning classifications," to "promote both renovation and proper maintenance," and to "allow for special circumstances," See Little Rock Code of Ordinance § 36-532(x)(1), (3), and (4). The Ordinance is to be interpreted in "such a way as to carry out its stated purpose and intent." See Little Rock Code of Ordinance § 36-538. Variances from the Sign Ordinance are to be provided "where strict enforcement ... would cause undue hardship to the individual application under consideration ... ," See Little Rock Code of Ordinance § 36-538. Although Lamar does not believe it is requesting a variance from the Sign Ordinance, to the extent it is considered a variance, strict enforcement of the Sign Ordinance will cause a hardship and denial of Lamar's Application will be a hardship on Lamar and controvert the spirit of the Sign Ordinance. The Purpose of the Sign Ordinance is to promote appropriate renovation of signs and Lamar's consolidation of two signs is an appropriate and conservative renovation. At best, the fact that Lamar seeks to consolidate two of its boards constitutes a "special circumstance." There would be no question of denial if Lamar proposed to merely move a single sign, and the fact that it proposes to consolidate two signs should not be held against Lamar. Indeed, the Sign Ordinance contemplates that a permit will be issued for sign movement: "A new off -premises sign permit shall be obtained in order to move a billboard from one (1) site to another site, provide the relocation conforms to all of the requirements of this chapter." See Little Rock Code of Ordinance § 36-556(f)(3). Lamar's request is consistent with the Sign Ordnance and should be granted. Failure to issue the permit in these circumstances could result in Lamar's complete loss of its sign. permits. Specifically, it is possible that, during Lamar's alteration, the City could inadvertently issue another sign permit that would prevent Lamar from executing its alteration because of spacing requirements. The Sign Ordinance is equipped to address this situation, providing specifically that the "administrator may require in writing upon issuance of a permit that he be notified for inspection prior to the installation of certain signs." See Little Rock Code of Ordinance § 36-545(8). Here, conditioning the permit upon inspection and removal of the two signs Lamar proposes to consolidate is the appropriate action. Denial of the Application is improper. "The board of zoning adjustment may impose conditions in the granting of a variance to ensure compliance and to protect adjacent property." See Little Rock Code of Ordinance § 36- 69(a). "The board may hear requests for variances from the literal provisions of this chapter in. instances where strict enforcement of this chapter would cause undue hardship due to Dana Carney Little Rock Board of Zoning Adjustment August 30, 2013 Page 3 circumstances unique to the individual property under consideration, and grant such variance only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this chapter." See Little Rock Code of Ordinance § 36-69(b){2}(b). Here, Lamar's application meets the strict requirements to alter or move signs. Furthermore, Lamar's application is within the spirit and intent of the Sign Ordinance and denial of its Application will result in a hardship due to the unique factual situation. The denial of Lamar's Application by the Planning Department should be reversed. Lamar's Application complies with all requirements of the Sign Ordinance and other applicable provisions of the Little Rock Municipal Code. The Board of Adjustment should grant Lamar's application conditioned on the removal of its referenced two signs and a confirmation inspection by the City of Little Rock. We appreciate the Board's attention to this matter and request that this appeal be heard and any necessary hearing be set at the next and earliest available opportunity or meeting. Respectfully, QUATTLEBAUM, GROOMS, TULL & BURROW PLLC Michael N. Shannon MNSllad Enclosures cc wl encls.: City Attorney Tom Carpenter, Esq. (via e-mail) August 20, 2013 City of Little Rock Department of Planning and Development Care of Kenny Scott 723 West Markham Street Llttie Rock, Arkansas, 72201 Re ;10510 Interstate 30 Mr. Scott, Please find enclosed our application for a sign permit located at 10510 with Russell Atkinson. I have enclosed an application, drawing, zoning map and a permission statement from Mr. Atkinson. In this case, as the drawing depicts, we are making application for this site, location, 7.0510 Interstate 30, contingent upon the removal of the sign structures associated with permlts 17719 and 20061. Please note the owner of record for both permits, 17719 and 2{1061 is Lamar Outdoor Advertising. Permit 17719 Is listed as 10600 Interstate 30, W L Huffstutlar, permit 20D61 is listed as 10400 Interstate 30, H D Bowling. With the removal of the two permits mentioned, this would allow for the proper spacing between signs and make a legal conforming site at 10510 Interstate 30.. Please be advised that in no manner would permits 17719 and 20061 be considered voided until the structure Is physically removed. Llkewlse, Lamar will also warrant, certify that no new construction would be allowed to take place with ;permit issued at 10510 Interstate 30 until the other two are removed completely and notice given to the City of Little Rock for inspection. After receiving your permit with information attached, we will insert It in with our application to the Arkansas Highway Department. Please review and advise as to what you do need from Lamar, If additional, to have such approved and we would like to pick up as soon as possible for construction, I can be reached at 501-562-2476. Thank you as always for your cooperatlon and attention to the application. Thank you, Gre Criner Real Estate Manager EXHIBIT CITY OF LITTLE ROCK PlannJng and Development 723 W. Markham, Little Rack, AR 72201 (8Q 1) 371-4844 SION PERMIT APPLICATION Date g .Qo' 13 hMlicants Name e,rw,r Q1 v -J i5 iry Address ` 7. - ,leu,2t TaI No. - 5'ar V)f,�L Permit No. Permit Fee P_ M22rty (honer or AMnt Nam ��,. 1 C l- , --------------- - w------_------------....------_---.---------y---------------------� Wsiness Address of proposed Sian Type of Sign 'c, wording on Sigma Sign Dimensions ly r i_L s Sign height �T Vehicular Clearancq of Sian Pedestrian Clearance of Sian Jy Setback of Sign frcxn Property Line,, Linear Street frontage of Property vla , Linear Building fronteage zoning Classification of Property ---L do hereby certify that all information contained on this applicta ion is t and correct, and herehy agree that if this hermit is issued all requirerilen of the City of Little Rock Building, Electrical, Traffic, and Sign Codes will be, ccaplied with I further certify that this proposed work is authorized by the owner in fee, and that :r am authorized to make this Application. t?tea {}rm;' Ct�n�Ertl.n1'{}44]�Ltr�x Q,Lt�o�- i�i_rr1 }( I owner or Agent { f r" I Address 1a, Vj Serf'. .,1. 4ii ' pl r rr k I -1 7 4 Nq c L 1 �� ;' " LL' `i t7 I Thlephone No. Zoning & Sign Inspector I 41 � / 9 R � f� } � a � R � / & � b ® � J # I 41 � / PROPERTY OWNER PERMISSION STATEMENT To the Arkansas State Highway and Transportation Department: * czt=r �.5 ; : HAS MY PERMISSION TO (Sign Owner) ERECT AND/OR MAINTAIN A SIGN ON MY PROPERTY ADJACENT TO NEAR ,' � q-rzts (City or Town) Proberty Owner Mease Print) T g t 1 L-; Q,"14"�yzva� S,,� Zoo Property Owner Mailing Address City State Zip Code -tjj Signature NOTE: Must be signed and dated. within 34 days of application date. A copy of a written lease agreement between the sign owner and the property owner may be substituted for this statement if dated within 30 days of application date. On Thu, Aug 29, 2013 at 9:24 AM, Carney, Dana <DCarney0Jittlerock.org> wrote: we met this morning and went over your proposal. The request to have a permit issued contingent upon the removal of the other sign structures has been denied. If, at some time, the site complies with the Ordinance standards for an riff -premises sign site, a permit request may be 'filed. From: Thomas Gibbens [mai1to:t41bbens a, famar.com] Sent: Wednesday, August 28, 2013 4:50 PM To: Carney, Dana Subject: Re: (10510) I-30 Thx On Wed, .Aug 28, 2013 at 4:49 PM, Carney, Dana CDCarn y0,1ittlerock.org> wrote: soon From. Thomas Gibbens [maiito:i ibbens� 6amar.com.M..,.n.�.............,.�.._.........,....�._....�...,....�..,......�,. Sent: Wednesday, August 28, 2013 4:43 PM To: Carney, Dana Subject: Re: (1051.0) I-30 Yes, we received the alteration one one site at 120011-30. When do you plan to meet on the 10510 application.? Can Wed, Aug 28, 2013 at 4:40 PM, Carney, Dana <DCarneyl ttlerock.org> wrote: my understanding is that the alteration on the existing sign was to be approved. Tony and I have not met yet on the ether proposal. From: Thomas Gibbens [mailto:t"yibbens I�mar.com]�........._...�..�....,.......�..�.....„��. ��� ��._� Sent: Wednesday, August 28, 2013 3:59 PM To: Carney, Dana Subject: (10510) 1-30 Dana, I was checking to see if our permit application was being processed we made last week.. Our Real Estate Manager, Greg Criner let zee know Kenny had relayed that a decision was to be made soon? Thanks Tom EXHIBIT JANUARY 27, 2414 ITEM NO.. C File No.: Z-8895 Owner: Duong Nguyen Applicant: Horasio Gutierrez Address: 6524 Colonel Glenn Road Description: North side of Colonel Glenn Road, east of W. 361h Street Zoned: C-3 Variance Requested: A variance is requested from the parking provisions of Section 36-502 to allow use of the property with a reduced number of parking spaces. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Commercial Building Proposed Use of Property: Sports Bar STAFF REPORT 1W1 Public Works Issues: No Comments. Staff Analysis: The C-3 zoned property at 6624 Colonel Glenn Road is occupied by a one-story, commercial building located near the center of the lot. The building contains approximately 3,400 square feet of floor space. The property is located on the north side of Colonel Glenn Road, east of W. 36th Street. A driveway from Colonel Glenn Road serves as access to the property. A total of 15 paved parking spaces exists on the site, along the east and south sides of the existing building. The applicant proposes to convert the existing building to a "sports bar" use. The proposed use will include televisions for sporting events, pool tables, a hockey table and ping pong table. A live DJ and karaoke will take place on Friday and Saturday nights. Drinks and small food items will be served. Section 36-5412(b)(3)c. of the City's Zoning Ordinance requires a minimum of 34 on-site parking spaces for the proposed "sports bar" use. Therefore, the applicant is requesting a variance to allow the proposed use of the property with a reduced number of on-site parking spaces. The existing number of parking spaces complies with ordinance standards for a retail -type use which previously existed on the site. The applicant has a written, signed agreement with the owners of the properties immediately east and west to use those existing parking areas. The JANUARY 27, 2014 ITEM NC.: C CAN'T. properties to the east and west contain office and retail uses which will be closed the majority of the times when the sports bar will be open. Staff does not support the requested variance for reduced parking. Staff does not view the request as reasonable. The commercial building at 6624 Colonel Glenn Road is located on a relatively small lot (approximately 0.28 acre), with the building occupying almost 30 percent of the lot area. The parking which exists on the site does not conform to ordinance standards with respect to design and maneuvering area. The spaces are angled into the east side of the building. Vehicles have to back out of these spaces and onto the adjacent property to the east to exit. Staff feels that introducing a use such as a sports bar which will have an increased demand for parking (as opposed to an office or small retail shop) will be detrimental to the surrounding properties. Additionally, the adjacent properties to the east and west contain paved parking areas which are not properly striped. C. Staff Recommendation:. Staff recommends denial of the requested parking variance.. BOARD OF ADJUSTMENT (November 25, 2013) Horasio Gutierrez was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of approval. Horasio Gutierrez addressed the Board in support of the application. He explained that he will have employees available to help park vehicles on his site and the adjacent properties. He also explained that only a certain number of patrons will be allowed inside the building. Rajesh Mehta referred to the written agreement to use the parking on the adjacent properties. He asked if a lease could be obtained for the adjacent parking. Mr. Gutierrez indicated that he could probably obtain a lease. Mr. Mehta asked if the parking on the site could be re -designed. Staff explained that a re -design would reduce the number of spaces. The issue of parking design was briefly discussed. Staff explained that the existing parking design was nonconforming. The issue of alternate uses for the building and parking requirements was briefly discussed. Chairman Yates indicated non-support for the parking variance because a lease for the adjacent parking did not exist. He explained that a lease for the parking on the adjacent properties needed to be for a specific length of time. Vice -Chair Smith asked if Mr. Gutierrez's proposed use was permitted in C-3 zoning. Staff noted that it was. The issue was briefly discussed. JANUARY 27, 2014 ITEM NO.: C CONT. The issue of deferring the application was discussed. Debra Weldon, City Attorney, noted that the Board could defer the application, on their own motion, in order to allow time for more information to be submitted by the applicant. Mr. Gutierrez agreed to a deferral. There was a motion to defer the application to the January 27, 2014 agenda in order for more information to be obtained. The vote was 5 ayes, 0 nays and 0 absent. The application was deferred. BOARD OF ADJUSTMENT (January 27, 2014) Staff informed the Board that on January 23, 2014 the applicant requested this application be deferred to the February 24, 2014 agenda, as he is continuing to work on acquiring lease agreements for parking on the two (2) adjacent properties. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the February 24, 2014 Agenda. The vote was 4 ayes, 0 nays and 1 absent. The application was deferred. HORASIO GUTIERREZ-_ ' BILLAR EL 7 LETRAZ 6524 COLONEL GLENN RD es / LITTLE ROCK, AR Tuesday, October 29, 2013 Billar El 7 Letraz Billar EI 7 Letrazs goal is to provide a safe and fun atmosphere for young adults where they will be able to hang out with friends and have a good time. In order to accomplish this I will have large flat screen TVs in every corner and a huge screen projector for a real life experience. No matter where you turn you will be able to view whatever is on TV; this will make it the place to be when popular fights are going on and any other sporting events. There will also be four pool tables, a hockey table and a ping gong table for use. On friday and Saturday nights there will be live DJ and karaoke for entertainment. I will also have drinks and finger foods available at all times. There will be seating areas and lounge tables also available. There aren't many places where young adults can go and hang out with friends. Being near a university this will give students at the university the opportunity to go hang out with friends without much driving distance. There will be security personnel escorting customers to their vehicle for safe purposes. I have gone around talking to the community and asking for their opinions and interest in a business of this type opening in the area and the responses have been great and they are excited to see it finally opened for business. The businesses next to my building have agreed to let my customers use their parking lot space after business hours providing more parking spaces for my customers. I am very passionate with this project; providing this type of service and entertainment to the local community has been a dream of mine. I have worked hard on putting together my ideas and what the market I'm reaching out to wants. JANUARY 27, 2014 ITEM NO.- 1 File No.: Z -5873-B Owner: Olivia Hollifield Applicant: Tanya Hollifield Address: 103 S. Park Street Description: Lot 2, Block 4, Plunkett's 2nd Addition Zoned: R-3 Variance Requested: A variance is requested from the area provisions of Section 36-156 to allow an accessory building with a reduced side setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Community Garden Proposed Use of Property: Community Garden A. Public Works Issues: No Comments. B. Staff Analysis: The R-3 zoned property at 103 S. Park Street is located on the east side of S. Park Street, between W. Markham Street and Boone StreetAN. 2nd Street. The property is occupied by a community garden. There is a small area of paved parking along the front (west) property line. The parking is head -from S. Park Street which dead ends approximately 100 feet to the south. A narrow paved alley is located along the rear (east) property line. The applicant recently placed an eight (8) foot by 20 foot frame accessory storage building on the lot, as noted on the attached site plan. The accessory building is located over 100 feet back from the front (west) property line, 30 feet from the north side property line and 17 feet from the rear (east) property line. The structure has a zero (0) setback from the south side property line. There is a small fenced area on the west side of the accessory building. The fenced area is a play area for dogs of residents who are visiting the community garden. Section 36-156(a)(2)f. of the City's Zoning Ordinance requires a minimum side setback of three (3) feet for accessory structures in R-3 zoning. Therefore, the applicant is requesting a variance to allow the accessory storage building with a reduced side setback. JANUARY 27, 2014 ITEM NO.: 1 (CON'T.) Staff is supportive of the requested variance. Staff views the request as reasonable, as long as the structure serves the community garden use of the property. The proposed accessory building will not be out of character with the general area. There are similar sized accessory structures throughout the neighborhood. There is no accessory building on the property immediately to the south, so there is no issue with building separation as far as the zero (0) side setback is concerned. Staff believes the accessory building with 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, subject to the following conditions: 1. The accessory building will be allowed to exist on the property as long as the community garden use is taking place. 2. If the community garden use ceases, the accessory building is to be removed from the property, or moved to comply with ordinance setback requirements with the construction of a new house. BOARD OF ADJUSTMENT (January 27, 2014) 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. November 6, 2013 Olivia Hollifield 117 Boone Street, #1.. Little Rock, AR 72205 501-372-1617 Tanya Hollifield 117 Boone Street, #3 Little Rock, AR 72205 501-815-3275 Department of Planning and Development 723 West Markham Little Rock, AR 72205 To whom it may concern; Re: Issue with property at 103 S. Park The owner of the property in question seeks a determination that the cited structure conforms with City code. Alternatively, the owner seeks a variance for the structure. Many factors support the issuance of vaiance here, should one even be necessary. For example, the property is currently utlized as a community garden, and the cited structure reflects historical use of the property. Moreover, to require its removal would create waste. The particular features of the underlying parcel and the nature of the surrounding community justify a variance in this case. I am asking that the docket date be set for 01-27-14 as 1 have conflicting circumstances with my college classes, some of which dates have finals scheduled and would not be able shift them around so that I may be present as required by your department. You cooperation in this matter would be greatly appreciated. Sinceriply, 1 Tanya Hollifi Agent for Olivia Hollifield Enclosure: 6 copies of survey with structures indicated JANUARY 27, 2014 ITEM NO.: 2 File No.: Owner: Applicant: Address: Description: Zoned: Z -8630-A Parwinder Singh Terry Burruss 1007 Main Street Southeast corner of Main and E. 101" Streets RLI Variance Requested: Variances are requested from the development provisions of Section 36-342.1 to allow construction of an addition to an existing commercial building. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Liquor Store Proposed Use of Property: Liquor Store STAFF REPORT A. Public Works Issues: 1. At the time of building permit, the old driveway aprons shall be closed. 2. At the time of building permit, the new drive aprons shall be built to the City's standard detail. 3. At the time of building permit, the drive apron for the alley shall be built to the City's standard detail. 4. At the time of building permit, a 20 foot radial dedication of right-of-way is required. 5. At the time of building permit, the handicap ramps at the intersection of 1 Ot" and Main Street shall be reconstructed to the City's standard detail. 6. At the time of building permit, repair, replace, or extend existing damaged or missing curb and gutter, sidewalk, ramps or concrete driveway aprons within the public right- of-way adjacent to site. B. Landscape and Buffer Issues: 1. Site plan must comply with the Little Rock Zoning Ordinance, Sec. 36-342.1. UU urban use district and the City's minimal landscape and buffer ordinance requirements. 2. In addition to the required landscape, street trees will need to be provided along both Main Street and East 10tn as per U district requirements. Street tree canopy will be maintained at least eight (8) feet above the sidewalk. Street trees must be irrigated with an automatic irrigation system. 3. All new and existing plant materials shall be in good condition at completion of project. Replace any damaged or dead material. 4. Note the type of edging to be used around planting in vehicular use areas. Planting and turf areas must be protected with curbing or other vehicular use controls. JANUARY 27, 2014 ITEM NO.: 2 (C©N'T. C. Staff Analysis; The UU zoned property at 1007 Main Street is occupied by a one-story block/brick commercial building. The property is located at the southeast corner of Main Street and E. 10th Street. Driveways from Main Street and E. 1 oth Street serve as access to the property. Paved parking is located on the north side of the building. A paved alley is located along the rear (east) property line. The applicant is proposing to remove a portion of the existing building (1,487.5 square feet) at its northeast corner, and construct a new addition (1,690 square feet) at the west end of the building, as noted on an attached site plan. The front door of the liquor store business which occupies the building will be on the building's north side, facing E. 10th Street. A new sidewalk with landscaping will be located along the north side of the building. A redesigned parking area will also be provided on the north side of the building. The existing driveway from Main Street will be shifted slightly to the north, with the existing driveway from E. 10th Street being closed. The paved alley will be utilized as a second access point. Eleven (11) parking spaces will be provided along the north prorerty line. New landscaped areas will be constructed along the Main and E. 1 of Street frontages. The street fronting facades (north and west) will have an EIFS finish with brick and block wainscot. Several new glass windows will be provided. The east (alley) elevation will be concrete block construction. The applicant is requesting three (3) variances from the UU (Urban Use) zoning design standards for the proposed property redevelopment. The first variance is from Section 36-342.1( c)(7) of the City's Zoning Ordinance. This section requires that entrances to buildings in the UU district be at street level at the sidewalk. As noted above, the front door to the business will be located on the north side of the building, separated from the street by the parking area. The second variance is from Section 36-342.1(c )(8). This section requires that street fronting floors of non-residential structures have a minimum surface area of sixty (60) percent transparent or window display. The west elevation will have approximately ten (10) percent window display. The north elevation will have approximately eight (8) percent windows. The building currently has no windows. The final variance is from Section 36-342.1(c )(1 o)b. This section requires that surface parking lots be located behind or adjacent to a structure, and not between the building and abutting street. As noted previously, the applicant plans to refurbish the existing parking area on the north side of the building, between the building and E. 1 oth Street. On January 31, 2011 the Board of Adjustment unanimously approved the above listed variances for the building addition project. The only difference was that the window area was approximately eleven (11) percent on both the north and west facades. The previous approval expired after two (2) years, as the applicant was not ready to proceed. The applicant is now ready to initiate the project, and is asking that the variances be approved as before. JANUARY 27, 2014 ITEM NO,; 2 CONT, Staff is supportive of the requested variances from the UU district development standards. Staff views the request as reasonable. Staff feels that the applicant is proposing a quality redevelopment plan for this property, with updated building fapade and new landscaped areas. Many of the UU development standards are more pertinent to properties in the downtown area where there is a large volume of pedestrian traffic. This property is located on the outer edge of the UU district where pedestrian traffic is not as prevalent. As noted previously, the front door to the existing business is on the north side of the building, facing E. 1011 Street, with an existing parking lot on the building's north side. The applicant is proposing to maintain those two (2) elements with the redevelopment. With respect to the percentage of window display, the existing building has no windows. The applicant is providing new windows on the north and west facades. Staff believes the proposed property redevelopment will be an asset to the area, with no negative impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested variances from the UU district development standards, subject to the following conditions: 1. Compliance with the Public Works requirements as noted in paragraph A. of the staff report. 2. Compliance with the Landscape and Buffer requirements as noted in paragraph B. of the staff report. BOARD OF ADJUSTMENT (January 27, 2014) Terry Burruss was present, representing the application. There were n objectors present. Staff presented the application with a recommendation of approval. Terry Burruss addressed the Board in support of the application. He briefly described the project and noted the previous approval by the Board. Vice -Chairman Smith asked about the door location not being on the west side of the building at the sidewalk level and the ordinance requirement. Staff noted that the requirement was in place to promote pedestrian traffic. Mr. Burruss explained that the door was on the north side of the building to serve the existing parking Got. Vice -Chairman Smith asked if the amount of window area could be increased. Mr. Burruss explained that the amount of windows was kept at a minimum for security purposes. This issue was discussed briefly. Mr. Burruss noted that landscaping on the property would be increased and improved. Chairman Yates asked if all the building would be on Lot 2. Mr. Burruss stated that it would. There was a brief discussion about the platting of the property and the fact that Lot 1 could be sold separately in the future. JANUARY 2.7, 2014 ITEM NO.: 2 CAN'T. There was a motion to approve the application as recommended by staff. The motion passed by a vote of 3 ayes, 1 nay and 1 absent. The application was approved. rr AN IS LITTLE R ROC ROAD, SUITE 22 LITTLE RC7CP(, ARKANSAS 72211 501-376-3676 FAX 376-3766 r -y- A r c h i s c c c design, planning and interiors December 17, 2013 Mr. Monte Moore Zoning and Enforcement Administrator Department of Planning & Development City of Little Rock 723 W. Markham Little Rock, AR 72201 RE: Warehouse Liquor 1007 Main Street Little Rock, Arkansas 72202 Dear Mr. Moore: Attached please find six (6) copies of the Site Plan and Survey on the above referenced project. We are proposing to add approximately 1,600 square feet to Warehouse Liquor along with demolition of approximately 1,486 square feet to the existing store. The existing structure has a total of 6,625 square feet with the "new total" with addition being 6,766 square feet. We are requesting a new curb cut on Main Street (while closing an existing curb cut on Main Street and 10tStreet). A variance will be required for the location of the Main Street entry drive, the location of the entry door, and the amount of glass storefront. Per our discussion, this is a renewal of previously approved variances. We appreciate your consideration on this request- If there are any questions or additional information is needed, please call_ We can also be reached by email at tbadesignplanning@sbcglobal.net. Yours very truly, JANUARY 27, 2014 ITEM N4.: 3 File No.: Owner: Applicant: Address: Description: Zoned: Morgan and Jennifer Keyes Chris Milligan 2801 N. Fillmore Street Lot 6, Block 16, Park View Addition R-3 Variance Requested. A variance is requested from the area provisions of Section 36-1.56 to allow construction of an accessory garage with increased rear yard coverage. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residence Under Construction Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works lssues: No Comments. B. Staff Analysis: The R-3 zoned property at 2801 N Fillmore Street is located at the northeast corner of N. Fillmore and "Z" Streets. The property is occupied by a two-story single family residence which is under construction. As of this writing, the framing for the residence is nearing completion. The applicant proposes to construct a 24 foot by 26 foot detached garage near the northeast corner of the lot, as noted on the attached site plan. The garage will be one (1) story in height. It will be located 6.5 feet from the rear (east) property line, 15 feet from the south (street side) property line and four (4) feet from the north side property line. The accessory structure will be separated from the main residence by 6.5 feet. The proposed accessory garage will occupy 42..75 percent of the required rear yard area (rear 25 feet of the lot). A driveway from "Z" Street will access the proposed garage structure. Section 36-156(a)(2)c, of the City's Zoning Ordinance allows a maximum rear yard coverage of 30 percent (rear 25 feet of the lot) for accessory structures in R-3 zoning. Therefore, the applicant is requesting a variance to allow the proposed accessory garage with a rear yard coverage of 42.75 percent. JANUARY 27, 2014 ITEM NO.: 3 (CONT. Staff is supportive of the requested rear yard coverage variance. Staff views the request as reasonable. The size of the proposed accessory garage structure will not be out of character with other accessory structures in this general area. The lot in question is only 45 feet wide, which is narrower than the majority of the lots in this area. This reduces the amount of buildable area for this lot. Staff believes the proposed accessory garage with increased rear yard coverage will have no adverse impact on the adjacent properties or general area. C. Staff Recommendation: Staff recommends approval of the requested rear yard coverage variance, subject to the accessory garage structure being constructed to match the principal structure. BOARD OF ADJUSTMENT (January 27, 2014) 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. December 17, 2013 Chris Milligan Dwellings, Inc. 5809 Hawthorne Road Uttfe Rock, AR 72207 501-831-0729 milligan.cGgmaii.com Department of Planning and Development 723 West Markham Little Rock, AR Dear Sir or Madam: I am writing to you as the acting agent for Morgan and Jennifer Keyes, the current owners of 2801 N. Fillmore Steet in the Park View addition to the city of Little Rock. We are requesting a variance to the code requiring a minimum rear yard coverage of 30%. Our lot, which is 45 feet wide, is narrower than adjacent lots due to the fact that it is on a corner and has an easement running along Z Street to the south. Our current proposed design for the detached garage is approximately 44% of the rear yard coverage, measuring 24'-0" wide by 26'-0" deep. This current size allows my clients to park both of their vehicles safely off the street. We hope you will consider our request to encroach into the rear yard coverage requirements. Sincerely, I— I __ Z��Ulx Chris Milligan Dwellings, Inc. Designer/Contractor � � 0 0 LU w LU � 0 � F - z LLI 2 F - (n D � D � LL 0 � � 0 to � � ¥ X <'$ \ \ \ . � O. 3 g 2 . k 0 -i � 3 m 0 ? 2 /wCO �/�O / J ƒ a � % ®/ u \ . b / � /ƒ / ui / / k / / ¥ � O. 3 g 2 . k 0 -i � m U) �L / ƒ / . / / / / / / k � ± � 4 January 27, 2014 There being no further 'business before the Board, the meeting was adjourned at 2:19 p.m. Date:/ Vul 14 Secreta