boa_04 28 2014LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
APRIL 28, 2014
�M
Roll Call and Finding of a Quorum
A Quorum was present being five (5) in number.
Il. Approval of the Minutes of the Previous Meetings
The Minutes of the March 31, 2014 meeting were
approved.
III. Members Present: Jeff Yates, Chairman
Brad Wingfield, Vice Chairman
Rajesh Mehta
Scott Smith
Robert Winchester
Members Absent: None
City Attorney Present: Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
APRIL 28, 2014
2:00 P.M.
I. OLD BUSINESS:
A. Z-8927 3604/3612/3700 Kavanaugh Blvd.
II. NEW BUSINESS:
1.
Z -4582-B
1422 Chester Street
2.
Z -4606-B
12300 Stagecoach Road
3.
Z-8932
2119 N. Arthur Street
4.
Z-8933
10400 Interstate 30
5.
Z-8934
29 Summerland Court
6.
Z-8935
2401 Blackwood Road
APRIL 28, 2014
ITEM NO.: A
File No.: Z-8927
Owner: Peartree, Inc.
Applicant: Robert Tucker
Address: 3604/3612/3700 Kavanaugh Blvd.
Description: Northeast Corner of Kavanaugh Blvd. and North Lookout Road
Zoned: C-3
Variance Requested: Variances are requested from the parking provisions of Section 36-
502 and 36-507 to allow a reduced number of parking spaces for a restaurant use and for
more than twenty-five (25) percent of the required parking to be located off-site.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Building, Office and Plant Nursery
Proposed Use of Property: Restaurant, Office and Plant Nursery
STAFF REPORT
0
Public Works Issues:
• At the time of building permit, provide a drainage plan and information as to the
adequacy of the downstream drainage system. If the site increases stormwater
so that the downstream drainage system is not adequate, then stormwater
detention will apply.
• At the time of building permit, a retaining wall certification is required if the wall is
greater than four feet in height.
B. Landscape and Buffer Issues:
1. Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
2. A land use buffer will be required when an adjacent property has a dissimilar
use of a more restrictive nature. As a component of all land use buffer
requirements, opaque screening, whether a fence or other device, a minimum
of six (6) feet in height shall be required upon the property line side of the
buffer. A minimum of seventy (70) percent of the land use buffer shall be
undisturbed. Easements cannot count toward fulfilling this requirement. The
plantings, existing and purposed, shall be provided within the landscape
ordinance of the city, section 15-81.
APRIL 28, 2014
ITEM NO.: A (CON'T.)
A portion of the property to the east is zoned R5 therefore, a minimum nine
(9) foot wide buffer is required along the east property line. The property is
located
in the City's designated mature area. A 25% reduction of the buffer
requirements is acceptable.
3. All new and existing plant materials shall be in good condition at completion
of project. Replace any damaged or dead material.
4. A perimeter planting strip is required along any side of a vehicular use area
that abuts adjoining property or the right-of-way of any street. One (1) tree
and three (3) shrubs or vines shall be planted for every thirty (30) linear feet
of perimeter planting strip.
5. The parking area shall be screened from the adjacent right-of-way.
6. One (1) tree shall be provided for each twelve (12) parking spaces in the
interior of the parking area. Existing trees and vegetation can be used to
satisfy these requirements.
7. An irrigation system shall be required for developments of one (1) acre or
larger.
8. 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.
C. Staff Analysis:
The C-3 zoned property at 3604 Kavanaugh Blvd. is occupied by a one-story
commercial building. The property is located at the northeast corner of Kavanaugh
Blvd. and N. Lookout Road. The building is comprised of 3,160 square feet of floor
area. The owner of this property also owns the property at 3612/3700 Kavanaugh
(one tract) which is also zoned C-3 and is occupied by Hocott's Garden Center and
a small office building (2,170 square feet). There is a small area of parking behind
the building at 3604 Kavanaugh and some on -street parking. A small parking area
containing five (5) parking spaces is located behind the Hocott's building, with
seven (7) head -in parking spaces located in front of the small office building
(partially in the right-of-way). Access drives from N. Lookout Road serve the
building at 3604 Kavanaugh and the Hocott's property. The two (2) buildings
(3608 and 3610 Kavanaugh Blvd.) between the building at 3604 Kavanaugh and
the Hocott's property have separate ownership(s).
The applicant is proposing to occupy the building at 3604 Kavanaugh Blvd. with a
new restaurant use. As part of the project the parking area behind the building will
be improved with new paving (3 spaces). A new parking area will be constructed
on the Hocott's property, as noted on the attached site plan. The new parking area
will contain 32 paved parking spaces, with an access drive from Kavanaugh Blvd.
The existing head -in parking spaces in front of the small office building will be
removed and replaced by three (3) parallel on -street spaces.
The commercial building at 3604 Kavanaugh has a nonconforming status related
to parking. The building has a history of commercial use which requires ten (10)
APRIL 28, 2014
ITEM NO.: A (CON'T.)
off-street parking spaces. Parking for three (3) vehicles exists behind the building,
leaving a shortage of seven (7) spaces. Section 36-502(b)(3)c. of the City's
Zoning Ordinance requires 31 off-street parking spaces for a 3,160 square foot
restaurant. With credit given for the existing nonconforming status, the proposed
new restaurant will require 21 additional off-street parking spaces. Section 36-
507(a) allows up to 25 percent of the total parking requirement to be located off-
site, with 300 feet of the use they serve. As noted above, a new 32 space parking
lot will be constructed on the Hocott's Garden Center property. The Hocotts
Garden Center and small office building require 15 off-street parking spaces. This
leaves 17 spaces which can be devoted to the new restaurant use, for a total
shortage of four (4) spaces. Therefore, the applicant is requesting variances to
allow a reduced number of parking spaces and for more than 25 percent of parking
requirement to be located off-site.
Staff is supportive of the requested parking variances. Staff views the request as
reasonable. Parking variances have been granted in the past for restaurants
(occupying existing commercial buildings) along Kavanaugh Blvd. from N.
University Avenue (Heights) to Walnut Street (Hillcrest). The applicant's proposal
leaves a shortfall of only four (4) parking spaces. This does not include the fact
that on -street parking does exist along Kavanaugh Blvd. Also, when the restaurant
is open during evening hours, the small office building and the Hocott's Garden
Center will be closed, leaving more parking available for the restaurant. It is also
important to note that the Hillcrest Design Overlay District boundaries are located
across N. Lookout Road to the south and across Kavanaugh Blvd. to the west.
The Hillcrest DOD requires one-half of the typical parking requirement. If this site
were located within the Hillcrest DOD, there would be no variance for an overall
shortage of parking spaces. Staff believes the applicant's request to occupy the
building at 3604 Kavanaugh Blvd as a restaurant, and the proposed parking plan
for the overall property ownership is reasonable and should have no adverse
impact on the adjacent properties or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested parking variance, 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.
3. Signage must be provided directing restaurant patrons to the new parking
area.
4. The parking variances are contingent upon the two (2) properties (3604 and
3612/3700 Kavanaugh Blvd.) maintaining the same ownership. If the
ownership is ever split, the parking issue must be brought back before the
Board of Adjustment for review.
APRIL 28, 2014
ITEM NO.: A (CON'T.)
BOARD OF ADJUSTMENT
(March 31, 2014)
Robert Tucker and David Hamilton were present, representing the application. There
were six (6) objectors present. Staff presented the application with a recommendation
of approval.
Robert Tucker addressed the Board in support of the application. He explained the
parking plan for the project. He noted that the Hillcrest DOD was located immediately to
the south and west and required one-half the typical required parking. He explained
that the new parking area would benefit the area.
Regina Smith, owner of So restaurant, addressed the Board in opposition. She
discussed on -street parking in the immediate area. She noted that her restaurant had
valet parking. She presented a petition of opposition to the Board.
Chris Stonecipher, employee of So restaurant, also spoke in opposition. He noted
safety concerns with restaurant patrons crossing the street at this location.
Kyle Pounders, employee of So restaurant, also spoke in opposition. He concurred with
two (2) previous speakers.
Bo Hawk, owner of the property across Kavanaugh to the west, also spoke in
opposition. He explained that So restaurant uses his parking lot after hours. He stated
that patrons of the proposed new restaurant would park in his lot.
Spencer English, employee of So restaurant, also spoke in opposition. He noted traffic
issues in the area.
Mary Anderson, employees of So restaurant, also spoke in opposition. She also noted
traffic and parking concerns.
Mr. Tucker explained that the seven (7) lead-in parking spaces in front of the small
office building would be replaced with parallel spaces which will conform to City code.
He noted that So restaurant had no off-street parking spaces during the day and one-
half the required parking after hours.
Rajesh Mehta asked Mr. Tucker if valet parking could be utilized for the new restaurant.
Mr. Tucker noted that it would be up to the new restaurant owner.
The distance between the new restaurant building and the new parking area was
discussed. There was a brief discussion between the Board and staff regarding the
parking requirements and off-site parking allowances. The issue was discussed further.
Chairman Yates noted that he could not support the application.
Rajesh Mehta noted that he could not support the application without valet parking.
Mr. Tucker asked to defer the application to the April 28 agenda, so that the restaurant
owner could be present to address the valet parking issue and neighbor concerns.
APRIL 28, 2014
ITEM NO.: A (CON'T.)
There was a motion to defer the application to the April 28, 2014 agenda. The motion
passed by a vote of 4 ayes, 0 nays 0 absent and 1 abstention (Smith). The application
was deferred.
BOARD OF ADJUSTMENT
(April 28, 2014)
The applicant was not present. Staff informed the Board that the applicant had
requested deferral of the application to the May 19, 2014 agenda, as the property owner
could not be present at this meeting. Staff supported the deferral request.
Bo Hawk addressed the Board and objected to the deferral request. The issue of
deferral was discussed.
Jerry Sears also addressed the Board, objecting to the deferral request.
Jan Bowman also spoke in opposition to the deferral request.
There was motion to defer the application to the May 19, 2014 agenda. The motion was
passed by a vote of 4 ayes, 0 nays, 0 absent and 1 abstention (Smith). The application
was deferred.
CRESTVIEW
PROPERTIES = )yam
Robert Tucker
Crestview Properties, Inc.
3700 Kavanaugh Blvd, Suite A
Little Rock, AR 72205
February 25, 2014
Department of Planning and Development
Chairman and Members Board of Adjustment
723 West Markham
Little Rock, AR 72204
To the City of Little Rock Board of Adjustment,
The application submitted with this cover letter seeks to request a variance for the City of Little
Rock Code Sec. 36-502b (3) c and 36-507a as it pertains to the number and location of off street
parking spaces required to serve the tenants of the properties located at 3604 Kavanaugh Blvd
and 3700 Kavanaugh Blvd.
As shown in the attached parking plan design, the owner of these properties proposes to create
a parking lot consisting of 27 off street parking spaces located at 3700 Kavanaugh Blvd plus three
parking spaces at 3604 Kavanaugh for a total of 30. These parking spaces would serve the tenants
of the 2,170 gross square foot office building located at 3700 Kavanaugh Blvd and the tenant
operating as a restaurant occupying the 3,160 gross square foot building at 3604 Kavanaugh Blvd.
Per City of Little Rock ordinance, the number of parking spaces required to serve both of these
commercial buildings would be 36. The site for the parking lot presents constraints that limit
how many parking spaces we can achieve. Crowded buildings, large trees, a steep terraced slope
at the north, and the need to retain certain space for Hocott's Garden Center's operations limit
the size of the proposed parking lot. We do, however, intend to remove two dilapidated buildings
to accomplish the largest size possible.
The parking plan also proposes an additional 3 parallel parking spaces located directly in front of
the building at 3700 Kavanaugh Blvd. Currently, there are 8 perpendicular parkinges that
pose a safety hazard to anyone exiting these spaces since they have to back out ly into
Kavanaugh Blvd. There is a blind curve to the north and frequent blind spots to the so ;,due to
cars parked in adjacent spaces thereby making it difficult to navigate when entering and exiting
these spaces. Safer on street parking conditions will be created by replacing these with 3 parallel
parking spaces. If these spaces were to be considered as part of the overall total of parking
spaces, then the number of spaces would be 33 out of the required 36.
The second variance request involves the City of Little Rock ordinance that states that any off-
site parking may not exceed 25% of the total number of parking spaces required. Again, due to
constraints pertaining to the size and location of the 3604 Kavanaugh Blvd property, the
maximum number of parking spaces that can be created is three whereas the city requirements
stipulate that 31 will be needed for the restaurant tenant at this location, and thus the need to
locate the majority on the property at 3700 Kavanaugh Blvd.
Additional parking on the block includes ten on street parking spaces located on Kavanaugh
which are largely unused during the day and can be utilized by the restaurant customers during
lunch hours.
In addition, the property at 3604 Kavanaugh is bordered by the Hillcrest Design Overlay District
by Kavanaugh to the west and North Lookout to the south where the parking requirements are
reduced by 50% and on street parking is counted towards the total parking requirement at 1
space per 10 linear feet of street frontage. While the proposed parking plan seeks to meet the
city's parking requirements by providing the maximum number of parking spaces on these
properties, it should be noted that the parking requirements for neighboring properties 20 feet
to the south and 20 feet to the west are determined by reduced standards.
Without the additional parking spaces, it will be very difficult to make the property at 3604
Kavanaugh economically viable since a tenant leasing the building will expect to have additional
parking for its customers. The addition of the parking is much needed for this block of Kavanaugh
and it will have a long term benefit to the neighborhood. Thank you for your consideration in
this matter.
Sincerely,
Robert Tucker
President
Crestview Properties, Inc.
APRIL 28, 2014
ITEM NO.: 1
File No.: Z -4582-B
Owner/Applicant: Montoya, LLC/ Heman Montoya
Address: 1422 Chester Street
Description: Lot 7, Block 270, Original City of Little Rock
Zoned: C-3
Variance Requested: Variances are requested from the area provisions of Section 36-301
and the buffer provisions of Section 36-522 to allow construction of a new commercial
building with reduced setback and buffers.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Lot
Proposed Use of Property: Liquor Store
STAFF REPORT
A. Public Works Issues:
1. 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 the site.
2. At the time of building permit; repave the alley adjacent to the site.
B. Landscape and Buffer Issues:
1. Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
2. A land use buffer will be required when an adjacent property has a dissimilar
use of a more restrictive nature. As a component of all land use buffer
requirements, opaque screening, whether a fence or other device, a minimum
of six (6) feet in height shall be required upon the property line side of the
buffer. A minimum of seventy (70) percent of the land use buffer shall be
undisturbed. Easements cannot count toward fulfilling this requirement. The
plantings, existing and purposed, shall be provided within the landscape
ordinance of the city, section 15-81.
The property to the north is zoned R-4 therefore, a minimum 6.75 foot wide
buffer (mature area) is required along the north property line.
3. A perimeter planting strip is required along any side of a vehicular use area
that abuts adjoining property or the right-of-way of any street. One (1) tree
APRIL 28, 2014
ITEM NO.: 1 (CON'T.)
and three (3) shrubs or vines shall be planted for every thirty (30) linear feet
of perimeter planting strip.
4. Developments of less than one (1) acre shall have a water source within
seventy-five (75) feet of the plants to be irrigated.
5. Dumpsters shall be screened from abutting properties and streets. The
screen shall exceed the height of the dumpster or trash containment areas by
at least two (2) feet not to exceed eight (8) feet total height.
C. Staff Analysis:
The C-3 zoned property at 1422 Chester Street is currently undeveloped. A
commercial building which previously existed on the site was recently removed.
The property is located at the northwest corner of Chester and W. 15th Streets. A
paved alley is located along the rear (west) property line. The property is
comprised of one (1) 50 foot by 140 foot platted lot.
The applicant proposes to construct a new one-story commercial building with
drives and parking, as noted on the attached site plan. The proposed building will
be located 25 feet back from the front (east) property line, 8 feet from the south
street side property line, 70 feet from the rear (west) property line and 16 feet back
from the north side property line. A small canopy over the drive-thru window will
be located on the north side of the building. Two (2) new driveways are proposed;
one (1) from Chester Street at the northeast corner of the site, and one from the
alley at the northwest corner of the site. Five (5) parking spaces are proposed
along the west side of the building. A drive-thru lane is proposed along the north
side of the building which will exit to the existing alley. The proposed driveway
from Chester Street will be an entrance only drive. The driveway from Chester
Street and drive-thru lane and parking area will be located approximately 2.5 feet
back from the north side property line.
Section 36-301(e)(2) of the City's Zoning Ordinance requires a minimum street
side setback (south) of 25 feet. Section 36-522(b)(3)a. requires a minimum land
use buffer width of 6.75 feet along the north property line, based on the fact that
the property immediately to the north is zoned R-4. Therefore, the applicant is
requesting variances from these ordinance requirements to allow the proposed
building with reduced street side setback and a reduced land use buffer.
Staff does not support the requested variances. Staff believes the applicant is
trying to accomplish too much in the way of development of this rather small C-3
zoned property. As noted earlier, the property is comprised of only one (1) 50 foot
by 140 foot platted lot. The building which previously existed on the site was an
old corner grocery store type building located at the southeast corner of the lot.
The site previously contained no off-street parking and no drive-thru facility.
Although staff is not opposed to re -development of this C-3 zoned lot, staff feels
that the proposed development with a drive-thru window is too suburban in nature.
Staff believes the site should be developed with more of an urban/neighborhood
APRIL 28, 2014
ITEM NO.: 1 (CON'T.)
commercial design, with the building possibly having a larger footprint (or a second
story), pulled slightly closer to the Chester Street frontage, and only one (1) access
drive from the alley right-of-way to a small parking area on the west side of the
building. Additionally, a more urban design would have the pedestrian access to
the building nearer the southeast corner of the structure and not on the rear (west
side) of the building. Staff believes the proposed site design is not appropriate for
this location.
D. Staff Recommendation:
Staff recommends denial of the requested building setback and buffer variances.
BOARD OF ADJUSTMENT (April 28, 2014)
Eric Montoya and Eunice Montoya were present, representing the application. There
were three (3) persons present in opposition. Staff presented the application with a
recommendation of denial.
Eric Montoya addressed the Board in support of the application. He explained the
project. He noted that the State ABC had approved re -construction of the liquor store
building with a building footprint closer to what previously existed on the site.
Heath Welch, of Alpha Phi Alpha Fraternity, addressed the Board in opposition. He
explained that the previous liquor store caused problems in the neighborhood.
Brother Wayne Burt also spoke in opposition. He opposed the liquor store use. He
stated that he agreed with staff that a more urban development would be better.
Dr. Minnie Hatchett also spoke in opposition. She explained the clean-up project for the
neighborhood which she had been involved in. She explained that trash was left on the
site when the building was torn down.
Eunice Montoya spoke in support of the application. She explained that the City tore
down the old building. She noted that the State ABC had "grandfathered -in" the
property and approved plans for re -construction.
Robert Winchester asked about the property to the north. Staff noted that the property
immediately north was zoned R-4.
Scott Smith explained that the proposed use of the property was not an issue for the
Board. He discussed the building setback requirements for the lot. He noted that the
proposed building placement on the site was a good location. He explained that he was
not supportive of the drive-thru window.
Rajesh Mehta explained that any re -development of the lot would require variances.
APRIL 28, 2014
ITEM NO.: 1 (CON'T.)
Chairman Yates briefly discussed the issue of reconstruction of nonconforming
structures. He asked the owners if they received a notice that the building was going to
be demolished. Mr. Montoya noted that they did. He asked if he objected to the notice.
Mr. Montoya noted that he did not object because the building was in bad shape. The
issue of the proposed drive-thru window was discussed. The UU zoning district
regulations were discussed with relation to this property.
There was additional discussion of the proposed building development.
The issue of deferring the application for the applicant to consider re -designing the site
plan was discussed. Mr. Montoya requested deferral of the application. Staff
suggested deferral to the June 30, 2014 agenda to allow time to review a revised site
plan.
There was a motion to defer the application to the June 30, 2014 agenda. The motion
passed by a vote of 5 ayes, 0 nays and 0 absent. The application was deferred.
March, 7, 2014
Department of Planning and Development
City of Little Rock
723 West Markham
Little Rock, AR 72201
LETTER OF APPLICATION
Property Located at 1422 Chester Street.
J0. -J- 4
'Z- 45e2--13
We respectively request approval of our application to have a Liquor Store at
above address. The property is zoned C-3.
We are requesting a variance of the 25' Building line requirement along 15th Street
to 7'. The original subdivision did not have a building line requirement. The
previous structure was to the street right of way. Section 36-301.
We are requesting a variance to allow a 2' Buffer strip along the North side . This
property is joined by a parking lot along the North line. Section 36-522.
Respectfully Submitted.
Montoya, LLC
421 Sherry Ann Court
Alexander, AR 72002
APRIL 28, 2014
ITEM NO.: 2
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Z -4606-B
Daryl Shane Smith
Michael Treat, Ace Signs
12300 Stagecoach Road
North side of Stagecoach Road, east of Alexander Road
C-3
Variance Requested: A variance is requested from the sign provisions of Section 36-557 to
allow a wall sign without direct street frontage.
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
0
Public Works Issues:
No Comments.
Staff Analysis:
The C-3 zoned property at 12300 Stagecoach Road is occupied by a one-story
commercial building which houses Enterprise Liquor. Driveways from Stagecoach
Road serve the site, with paved parking on the south, east and west sides of the
building. Additional right-of-way was recently obtained for the widening of
Stagecoach Road. The new right-of-way line is near the front of the existing
building.
A new one-story commercial building is in the process of being constructed
immediately north of (behind) the existing building. Upon completion, the liquor
store will move into the new building and the old building will be removed from the
site. New parking areas will be part of the new building construction. The
applicant proposes to install two (2) wall signs on the new building, one (1) on the
south fagade facing Stagecoach Road and one (1) on the west fagade. Each wall
sign will be approximately 93 square feet in area and occupy approximately five (5)
percent of the south and west building facades.
Section 36-557(a) of the City's Zoning Ordinance requires that wall signs be placed
only on building facades with street frontage. Therefore, the applicant is
APRIL 28, 2014
ITEM NO.: 2 (CON'T.)
requesting a variance from this ordinance criteria to allow the wall sign on the west
fagade of the new building without street frontage. As part of the variance request,
the applicant notes that the second wall sign will be in -lieu of installing a ground -
mounted sign on the site.
Staff is supportive of the variance request. Staff views the request as reasonable.
The applicant is proposing the second wall sign (without street frontage) instead of
placing a ground -mounted sign on the property. Staff views this as a reasonable
"trade-off'. The sign on the west wall of the new building will be visible to traffic
east bound on Stagecoach Road. The sign on the south fagade should provide
adequate visibility for west bound traffic. Staff believes the requested sign without
direct street frontage will have no adverse impact on the adjacent properties or the
general area.
C. Staff Recommendation:
Staff recommends approval of the requested sign variance, subject to there being
no ground -mounted sign on the property as long as a wall sign exists on the west
building fagade.
BOARD OF ADJUSTMENT
(April 28, 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 5 ayes, 0 nays and 0 absent. The application was approved.
SIGN AND OUTDOOR ADVERTISING
April 1, 2014
Re: Sign Variance for Enterprise Liquor
To Whom It May Concern:
/ 60 b —/3
Enterprise Liquor is appealing for a variance to allow a second set of channel letters for their location
at 12300 Stagecoach Rd, They are willing to give up their right to ground sign in return for the
second set. Pending expansion of the adjoining intersection will leave Enterprise Liquor with a
corner lot. By approving this variance, Enterprise Liquor will be at only 5% coverage.
Thanks,
Michael Treat
Sales Representative
11935 Interstate 30, Little Rock, AR 72209 Phone: (501)562-0800 Fax: (501)492-8268
APRIL 28, 2014
ITEM NO.: 3
File No.: Z-8932
Owner/Applicant: Amanda Richardson
Address: 2119 N. Arthur Street
Description: Lot 14, Block 2, Altheimer's Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-254 to
allow a porch addition with a reduced front 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
Public Works Issues:
No Comments.
Staff Analysis:
The R-2 zoned property at 2119 N. Arthur Street is occupied by a one-story frame
single family residence. There is a two -car wide driveway from N. Arthur Street at
the northwest corner of the lot. The property is located on the east side of N.
Arthur Street, south of Beacon Street.
The applicant proposes to construct a new covered porch (six (6) feet wide) on the
front of the residence, as noted on the attached site plan. The proposed front
porch will be located 20.7 feet back from the front (west) property line, five (5) feet
back from the south side property line and 15 feet from the north side property line.
There will be two (2) steps which lead from the sidewalk to the new porch. The
front setback will be 19.9 feet to the second step. The proposed covered porch will
be unenclosed on its north, south and west sides.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet for this R-2 zoned lot. Therefore, the applicant is requesting a
variance to allow the proposed covered, unenclosed porch with a 20.7 foot front
setback. (19.9 feet to porch step).
Staff is supportive of the requested variance. Staff views the request as
reasonable. The proposed front encroachment is very minor in nature. The
proposed porch addition will not be out of character with the neighborhood. There
are other open front porches within this block which have minor encroachments
APRIL 28, 2014
ITEM NO.: 3 (CON'T.)
into the required front setback. The residence immediately to the north has an
enclosed porch which encroaches approximately six (6) feet into the required 25
foot front setback. The applicant is also planning to construct an addition to the
rear of the residence. This addition will comply with all setback requirements.
Staff believes the proposed covered, unenclosed front porch with reduced front
setback will have no adverse impact on the adjacent properties or the general
area.
C. Staff Recommendation:
Staff recommends approval of the requested front setback variance, subject to the
covered front porch remaining unenclosed on its north, south and west sides.
BOARD OF ADJUSTMENT
(April 28, 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 5 ayes, 0 nays and 0 absent. The application was approved.
J J-,- -43
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Amanda M. Richardson
2, 1,) North Arthro-, Lmle Rock.. AR _72207
Phone: .501 .35... > l o
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Little Rock Board of Adjustment
723 We St Rha; kham Street
Little Rack, AR 72201
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April 1 2014
Re: Request for Variance at 2119 North Arthur
To Whom It May Concern:
I, Amanda M. Richardson, am requesting a variance from the Board of Adjustment to allow a porch addition with a
reduced front setback.
I purchased the home at 2119 North Arthur in 2009 and have lived here as my primary residence for nearly five
years. To my knowledge, multiple previous owners maintained the property for rental and the home has only seen
one minor addition of a laundry room area since its original construction in 1947.
It is my intention to maintain the property as my primary residence for the foreseeable future and, as such, would
like to construct an addition that includes a new master suite, updated kitchen, laundry room with new front and
back porches.
Only a new covered open air front porch will require prior approval for a variance as the front yard set -backs
regulation states that setbacks will have a depth of not less than twenty-five (25) feet. The current depth from the
property line to the front of current structure is 26.7 feet according to the property survey. The proposed porch
would have a depth of six (6) feet, which would reduce the depth of the front yard to 20.7 feet.
It is evident that multiple houses on the same block maintain front porches that add a valuable aesthetic to the
property and this phase of the project is a priority to the addition.
I thank you for your consideration, and welcome any further questions or inquiries regarding the justification of my
request as you see fit.
Sincerely,
Amanda M. Richardson
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APRIL 28, 2014
ITEM NO.: 4
File No.: Z-8933
Owner: 1-30 Properties, LLC
Applicant: Jimmy Parker
Address: 10400 Interstate 30
Description: Northwest corner of 1-30 and Mabelvale Pike
Zoned: C-4
Variance Requested: A variance is requested from the off -premise sign provisions of
Section 36-556 to allow a billboard with reduced separation.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant
Proposed Use of Property: Off -premise sign (billboard)
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The C-4 zoned property at 10400 Interstate 30 is a small triangular-shaped
property located at the northwest corner of 1-30 and Mabelvale Pike. The property
contains several small vacant buildings which were left from a business which
previously occupied the site. The property is completely fenced, with an access
gate along the south property line. The property is approximately four (4) to five
(5) feet above the grade of 1-30.
The applicant is proposing to install an off -premise billboard sign along the south
property line, near the southwest corner of the property. The billboard will have a
height of 35 feet and an area of 14 feet by 48 feet. There are two (2) other
billboards which have been permitted in this immediate area. There is one (1)
permitted billboard site at 10510 1-30 to the west and one (1) permitted billboard
site at 9709 Baseline Road to the northwest. Both of these existing permitted
billboard sites are located approximately 915 feet from the proposed billboard site
at 10400 1-30. These two (2) billboard sites are the closest billboards to the
proposed site.
Section 36-556(a)(4) of the City's Zoning Ordinance ("off -premise signs") requires
a minimum separation between billboards of 1,000 feet and reads as follows:
APRIL 28, 2014
ITEM NO.: 4 (CON'T.)
(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.
Therefore, the applicant is requesting a variance from this ordinance criteria to
allow the new billboard site with reduced separation.
Staff is supportive of the requested sign separation variance. Staff views the
request as reasonable. The applicant is providing over 90 percent of the
separation requirement, with a separation of approximately 915 feet from the two
(2) closest billboard signs at 10510 1-30 and 9709 Baseline Road. Additionally, this
immediate area has a long standing history of having two (2) billboard signs along
the 1-30 frontage, one (1) at 10400 1-30 (the proposed location) and one (1) at
10600 1-30 to the west. The proposed billboard at 10400 1-30 will maintain the
same level of billboard signage which has existed for a number of years. Staff
believes the proposed billboard sign with a minor reduced separation will have no
adverse impact on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested billboard separation variance, as
filed.
BOARD OF ADJUSTMENT
(April 28, 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 5 ayes, 0 nays and 0 absent. The application was approved.
ED DANIEL IV, P.A.
ATTORNEY AT LAW
A PROFESSIONAL ASSOCIATION
10310 W. MARKHAM ST., SUITE 203
LITTLE ROCK, ARKANSAS 72205
ED DANIEL IV, LL.M. CPA
ATTORNEY AT LAW
mrediv(a,comcast.net
TELEPHONE 501-228-4488
FACSIMILE 501-228-4485
April 1, 2014
LR Board of Adjustment
2"d Floor City Hall - Directors Chambers
500 West Markham
Little Rock, Arkansas 72201
-Z-- 9-- �33
Re: Request for Minimum Distance Variance for Billboard/Off Premises Sign Permit
Dear Board Members:
On August 16, 2013, my client, I-30 Properties, LLC, purchased the land located at
10400 Interstate 30, Little Rock, Arkansas for $50,000. The land has had an off premises
sign permitted on it for many years and is not suitable for any other use given its small size.
On February 20 of this year, the Lamar Companies "irrevocably surrendered" its permit on
my client's property and simultaneously moved two of its existing permits to new locations
within 915 feet of the removed site. My client has had an application to move an existing
permit to his land since August 28, 2013, while awaiting Lamar's removal.
The Lamar permits had been on the Board's Agenda for many months, then the
appeals were dropped in January and granted by "irrevocably surrendering" their claims.
The grant of these permits boxes out my client's billboard permit application by approx. 85
feet.
Several times in the past, the City has granted distance variances without first
seeking board approval. Examples are Lamar's permit at 9123 Interstate 30 and 11200
West Markham. We want to make sure we followed the proper process for this variance. It
would be a significant hardship from
Please let me know if you have other questions. I will also be available at the Board
meeting to answer questions. Thank you for your consideration of this request.
Sincerel urs,
EDIV/pia Ed Daniel IV
APRIL 28, 2014
ITEM NO.: 5
File No.: Z-8934
Owner/Applicant: Derek Clifton
Address: 29 Summerland Court
Description: Lot 393, Ludington Heights Addition
Zoned: R-2
Variance Requested: A variance is requested from the fence provisions of Section 36-516
to construct a fence which exceeds the maximum height allowed.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
Public Works Issues:
No Comments.
Staff Analysis:
The R-2 zoned property at 29 Summerland Court is occupied by a two-story frame
single family residence. The property is located near the south end of
Summerland Court and backs up to Reservoir Road. There is a two -car wide
drive from Summerland Court which leads to a frame garage at the south end of
the residence. There is an existing six (6) foot high wood fence which encloses the
rear yard portion of the lot.
The applicant proposes to replace the north/south section of fence which runs
along the rear (east) property line with an eight (8) foot high wood fence, as noted
on the attached site plan. The applicant is requesting the taller fence to provide
better security for his lot. The fence along both side property lines will remain at
six (6) feet in height.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence
height of six (6) feet in residential zones, with a maximum height of four (4) feet for
fences located between a building setback line and a street right-of-way.
Therefore, the applicant is requesting a variance to allow the wood fence within the
rear 25 feet (required rear building setback) of the lot with a height which exceeds
four (4) feet.
APRIL 28, 2014
ITEM NO.: 5 (CON'T.)
Staff is supportive of the requested variance. Staff views the request as
reasonable. The property backs up to Reservoir Road which is a fairly busy street.
The taller fence will not only provide better security for the single family lot, but will
also reduce the noise level from the Reservoir Road traffic. The fence will not be
out of character with the neighborhood. There are other fences along the
Reservoir Road frontage and throughout the neighborhood which exceed the
maximum allowed height. Staff believes the proposed fence height will have no
adverse impact on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested fence height variance, as filed.
BOARD OF ADJUSTMENT
(April 28, 2014)
Staff informed the Board that the application needed to be deferred to the May 19, 2014
agenda, based on the fact that the applicant failed to complete the required notifications
to surrounding property owners.
The item was placed on the Consent Agenda for deferral to the May 19, 2014 agenda.
The vote was 5 ayes, 0 nays and 0 absent. The item was deferred.
14,,��
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Derek Clifton
29 Summerland Ct
Little Rock, AR 72227
To Whom It May Concern:
The purpose of this cover letter is to request a variance to replace my current 6ft wood fence
with a more sturdy 8ft wood fence for the purpose of better protection for my home.
I currently live at the above mentioned address, and the back line of my property bumps up to
Reservoir Road. When I moved into this property we had very little problems with vandalism, and theft,
but over the past year everyone in my neighborhood has been the victim of theft from their homes to
their vehicles. I am finding kids backpacks and women's purses on a weekly basis behind my fence line.
Whoever is the culprit of this theft is using my backyard as a way to escape the eye sight of anyone who
could catch them by jumping my fence, and walking the fence line to get to either Reservoir Rd, or the
adjacent weekly rental apartments. I also work away from home quite a bit so there is also a safety
concern for my wife two year old daughter.
I hope you agree with my need for an 8ft privacy fence and approve the variance so that 1 can try and
curb the ease of access to the criminal or criminals causing this trouble. Thank you for taking the time to
consider my request.
Derek Clifton
APRIL 28, 2014
ITEM NO.: 6
File No.: Z-8935
Owner: 2405 Blackwood Road, LLC
Applicant: Scott Shackleford
Address: 2401 Blackwood Road
Description: Lot 86, Kingwood Place Addition
Zoned: R-2
Variance Requested: A variance is requested from the building line provisions of Section
31-12 to allow enclosure of an existing carport which crosses a platted building line.
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
Q
11
Public Works Issues:
No Comments.
Staff Analysis:
The R-2 zoned property at 2401 Blackwood Road is occupied by a one-story frame
single family residence. The property is located at the northeast corner of
Blackwood Road and Hawthorne Road. The lot contains a 30 foot front platted
building line along the Blackwood Road frontage and a ten (10) foot side platted
building line along the Hawthorne Road frontage. A small portion of the residence
crosses the front platted building line by 1.2 feet at its northwest corner. The
carport portion of the residence, at the south end of the structure, crosses the front
and side platted building lines by approximately 1.5 feet. A one -car wide driveway
from Blackwood Road leads to the existing carport.
The applicant proposes to enclose the existing carport portion of the residence to
add a master bedroom and bath. The carport section of the house crosses the
front and side platted building lines by approximately 1.5 feet, resulting in a front
setback of 28.5 feet and a street side setback of 8.5 feet.
Section 31-12(c) of the City's 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 requirement to allow
enclosure of the existing carport structure which crosses a front and side building
line.
APRIL 28, 2014
ITEM NO.: 6 (CON'T.)
Staff is supportive of the requested building line variance. Staff views the request as
reasonable. The existing carport structure complies with the minimum required
building setbacks for R-2 zoning (25 foot front setback and 7.4 foot side setback).
The front and side platted building lines are in excess of the typical setback
requirements. The front of the existing house aligns with the other residences along
the east side of Blackwood Road to the north and south. The proposed carport
enclosure will not change the footprint of the existing house. Staff believes the
proposed carport enclosure 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 and side building lines for the
carport enclosure. The applicant should review the filing procedure with the Circuit
Clerk's office to determine if the replat requires a revised Bill of Assurance.
C. Staff Recommendation:
Staff recommends approval of the requested building line variance, subject to
completion of a one -lot replat reflecting the change in the front and side platted
building lines as approved by the Board.
BOARD OF ADJUSTMENT
(April 28, 2014)
Scott Shackleford was present, representing the application. There was one (1) person
present with questions. Staff presented the application with a recommendation of
approval.
Scott Shackleford addressed the Board in support of the application. He described the
project and pointed out other improvements to be made to the residence.
Jo Blatti addressed the Board. She noted that Mr. Shackleford had addressed her
concerns and that the investment in the house would be positive.
There was a motion to approve the application, as recommended by staff. The vote
was 5 ayes, 0 nays and 0 absent. The application was approved.
City of Little Rock
Department of Planning and Development
Board of Adjustments
723 West Markham
Little Rock, Arkansas
March 25, 2014
RE: Variance for 2401 Blackwood Road
Board of Adjustments:
We are requesting a variance to allow us to enclose the existing carport. Our plans are to add a master
bedroom and bath to the existing home. The property address is 2401 Blackwood Road, Little Rock, AR
72207. We have highlighted on the Survey the area we wish to enclose. Thank you for your
consideration.
Thanks,
"'k /—�
Scott Shackleford
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APRIL 28, 2014
There being no further business before the Board, the meeting was adjourned at 2:58
P.m.
Date:
1%t.r�Chairman