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boa_04 29 2013LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES APRIL 29, 2013 2:00 P.M. Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. Approval of the Minutes of the Previous Meetings The Minutes of the March 29, 2013 meeting were approved as revised by unanimous vote. III. Members Present: Members Absent: City Attorney Present: Jeff Yates, Chairman Scott Smith, Vice Chairman Rajesh'- Mehta Robert Winchester Brad Wingfield Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA APRIL 29, 2013 I. OLD BUSINESS: No Old Business II. NEW BUSINESS: Z-3371-UU 11701 Colonel Glenn Road 2. Z -8375-A 3720 Baseline Road 3. Z-8853 315 Main Street 4. Z-8854 10 Shackleford Drive APRIL 29, 2013 ITEM NO.: 1 File No.: Z-3371-UU Owner: Crain Investments, LP Applicant: Larry Crain, Jr. Address: 11701 Colonel Glenn Road Description: Southwest Corner of Colonel Glenn Road and Colonel Glenn Plaza Drive Zoned: C-4 Variance Requested: A variance is requested from the sign provisions of Section 36-555 to allow a ground -mounted sign with increased sign area. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Car Dealership Proposed Use of Property: Car Dealership STAFF REPORT 0 n. Public Works Issues: No Comment. Staff Analysis: The C-4 zoned property at 11701 Colonel Glenn Road is occupied by a Hyundai auto dealership. The property is located at the southwest corner of Colonel Glenn Road and Colonel Glenn Plaza; Driyp. , A building is located within the west half of the property, with paved parking and, vehicular display along the building's north, south and east sides. Access drives are located from Colonel Glenn Road and Colonel Glenn Plaza Drive. An existing pole -mounted sign is located near the northeast corner of the property. The applicant proposes to remove the existing pole -mounted sign and replace it with a new monument -style sign, as noted in the attached sketch. The new sign will be located in approximately the same location as the current sign. The new sign will have a height of 34.5 feet, the same height as the existing sign. The new sign will have an area of approximately 333 square feet (entire face of the sign structure), and will contain approximately 75 square feet of sign copy. APRIL 29, 2013 ITEM NO.: 1 (CON'T.) Section 36-555(a)(2) of the City's Zoning Ordinance allows a maximum sign area of 160 square feet for signs in commercial zoning. The ordinance definition of "sign area" is as follows: "Sign, area of means that area enclosed by one (1) continuous line connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one (1) time from any one (1) point. This area does, not include the main supporting sign structure but all other ornamental attachments, inner connecting links, etc., which are not a part of the main supports of the sign, are to be included in determining sign area." Therefore, the applicant is requesting a variance from this ordinance standard to allow the new monument sign with increased sign area. Staff is supportive of the requested sign variance. Staff views the request as reasonable. Although the technical ,sign area will be 333 square feet (measured as required by ordinance), thg proposed sign will contain only 75 square feet of copy or wording. This type and'size of sign will not be out of character with this commercial subdivision. There are several other similar signs (Honda, Mercedes, Infinity, etc.) in this general area. Additionally, staff feels that the proposed monument sign is a more attractive sign than the pole sign currently in place. Staff believes the proposed sign with increased sign area 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 the sign copy or wording not exceeding the 75 square feet as proposed. BOARD OF ADJUSTMENT: (April 29, 2013) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval, with conditions. The item was placed on the Consent A6' nda and approved, as recommended by staff with a vote of 4 ayes, 0 nays, and 1 absent. CRAIN INVESTMENTS, L.P. LITTLE ROCK, ARKANSAS 1T I F^ -?37/- Ott March 25, 2013 Dana Carney Zoning and Subdivision Manager City of Little Rock Planning and Development 723 W. Markham Little Rock, AR 72201 RE: 11701 Colonel Glenn Road Existing Crain Hyundai Dealership Mr. Carney: We would like to remove the existing Hyundai pole sign and replace it with a new monument style pylon sign. The new sign will be located in approximately the same area as the existing sign- exact location to be determined. The height of the sign will remain the same. We are requesting a variance to allow the new sign with increased sign area. I have attached the renderings of the proposed sign, with dimensions, for your review. All of the dealerships in the area have the new monument style pylon signs, except Hyundai and Nissan. We feel that our sign will not be out of character and will not adversely impact any adjacent property or the general area. I have also included the following items: • Application for Zoning Variance for Signs • Affidavit naming Sandy Reynolds to act as my authorized agent in this matter • Six copies of the survey • Filing fee of $55.00 • Signage rendering • Pictures of other monument style pylon signs in the area If you have any questions or concerns, please feel free to contact me. 15400 Chenal Parkway, Little Rock, AR 72211 Phone: (501) 570 3700 Fax: (501) 542 6100 APRIL 29, 2013 ITEM NO.: 2 File No.: Z -8375-A Owner/Applicant: Ricky Null Address: 3720 Baseline Road Description: Northeast Corner of Baseline Road and Community Road Zoned: C-4 Variance Requested: A variance is requested from the development criteria of Section 36- 302 to allow use of a vehicle lift outside a building. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Auto Repair Proposed Use of Property: Auto Repair STAFF REPORT A. Public Works Issues: No Comment. B. Staff Analysis: The C-4 zoned property at 3720 Baseline Road is occupied by a one-story commercial building which houses an auto repair business. The property is located on the northeast corner of Baseline Road and Community Road. The building was originally constructed as a service station with gas pumps. Access drives from Baseline Road and Community Road serve the property. Concrete parking is located between the building and Baseline Road, with a gravel parking area on the west and north sides of the building. The building contains two (2) enclosed service bays. An outside vehicle lift is located on the concrete area in front of the building. A billboard is located at the southeast corner of the property. The applicant notes that the two -post vehicle lift located in front of the building is only used to do quick diagnostic checks on vehicles to determine if repairs are needed. No auto repair work is done using this lift or other areas outside the building. The applicant has informed staff that the outside lift is used to diagnose a problem with a vehicle two (2) to four (4) times per week on average. Section 36-302(b)(3) of the City's Zoning Ordinance (C-4 development criteria), requires that all servicing of vehicles be conducted within an enclosed building. APRIL 29, 2013 ITEM NO.: 2 (CON'T.) Therefore, the applicant is requesting a variance from this ordinance standard to allow the outside vehicle lift to diagnose problems with vehicles. Staff is supportive of the variance request. Staff's support is based primarily on the current business owner's plan for the outdoor lift and its apparent infrequent use to only diagnose problems with vehicles., Staff's inspection of the property found the property to be fairly neat and orderly with respect to an auto repair business. Additionally, the two (2) post -type vehicle lift occupies only a very minimal area between the building and the street; no more than many typical two (2) pole ground -mounted signs. Staff believes the variance to allow the outdoor vehicle lift under certain conditions will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the variance to allow use of the outdoor vehicle lift, subject to the following conditions: 1. The outdoor vehicle lift is for use by the current business owner, Ricky Null, only. If the business is sold, the outdoor lift must be removed from the property. 2. The outdoor vehicle lift is to be used to diagnose problems with vehicles only. 3. No vehicle repair may take place outside the existing building. BOARD OF ADJUSTMENT: (April 29, 2013) Staff informed the Board that the applicant contacted staff on April 24, 2013 and requested the application be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn with a vote of 4 ayes, 0 nays, and 1 absent. -*2- 3-5-ao13 APRIL 29, 2013 ITEM NO.: 3 File No.: Z-8853 Owner: K Lofts LLC Applicant: Brad McCray, Montego Cafe Address: 315 Main Street Description: East side of Main Street, between 3rd and 4th Streets Zoned: UU Variance Requested: A variance is requested from the outdoor dining provisions of Section 36-342.1 to allow an area of outdoor dining in the public right-of-way. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Restaurant Proposed Use of Property: Restaurant with Outdoor Dining STAFF REPORT A. Public Works Issues: a. The minimum recommended distance between the closest obstruction and the outer dimensions of improvements should be 4.5 feet. The proposed plan shows a spacing of 3.5 feet between improvements and tree wells. For the applicant's information, the Little Rock Creative Corridor plan for the 300 & 500 blocks of Main Street also shows a rain garden to be built 14 feet from the face of the building. b. Staff does not recommend approval of the outdoor dining area in the City's right-of-way extending past the projection of the property line to the curb or the projection of the building corner to the curb. c. Staff does not recommend the issuance of a franchise permit for the use of City's right-of-way extending past the projection of the property line to the curb or the projection of the building corner to the curb. d. A franchise permit can only be issued for use of the City's right-of-way in areas adjacent to the property owner's frontage. e. At the time the private improvements are requested to be removed from the City's right-of-way, which can occur at any time from the date of APRIL 29, 2013 ITEM NO.: 3 (CON'T.) franchise permit issuance, the City of Little Rock is not responsible to refund any loss from any income received as a result of the improvements in the right-of-way. The owner of the improvements is responsible for the cost of removal and restoring the right-of-way back in to compliance with city plans, codes, and details in the time period identified by the City. B. Staff Analysis: The UU zoned property at 315 Main Street is occupied by a five -story commercial building. The first floor of the building contains a restaurant use, Montego Cafe. The restaurant proposes to create an outdoor dining area on the west (Main Street) side of the building, as noted on the attached sketch plan. The outdoor dining area will be approximately nine (9) feet by 50 feet in area and extend into the Main Street right-of-way. The.outdoor dining area is proposed to extend beyond the frontage of the, building to in front of the fenced parking lot immediately to the south, a separately owned property. A door to the restaurant will be located at the north end of the outdoor area. The outdoor dining area will be enclosed by a 3.5 foot to four (4) foot high wrought iron fence. Tables and chairs with umbrellas will be located within the dining area. The existing sidewalk elevation will be used for the outdoor dining space. Section 36-342.1(d)(1)a. of the City's Zoning Ordinance states that an area of outdoor dining shall not be located in the public right-of-way, nor shall it obstruct pedestrian movement, fire lanes, access to any business or areas designated for access by physically impaired. Therefore, the applicant is requesting a variance from this ordinance standard to allow the outdoor dining area to be located in the public right-of-way. Staff does not support the application, as filed. As noted in paragraph A. of the staff report, the Public Works Department has two (2) problems with the proposed outdoor dining area. First, the proposed plan does not provide for minimal spacing between the proposed outdoor dining area and the existing tree wells along Main Street. The minimum spacing should be 4.5 feet. The applicant's plan shows a spacing of approximately 3.5 feet. Second, a large portion of the proposed outdoor dining area extends past the applicant's south property line to in front of and adjacent to a fenced parking lot owned by a different entity. Public Works notes that a franchise can only be issued for use of the City's right-of-way adjacent to a property owner's frontage. If the applicant were willing to amend the application to reduce the size of the outdoor dining area to comply with the Public Works issues, staff could support the application. C. Staff Recommendation: Staff recommends denial of the requested outdoor dining variance, as filed. APRIL 29, 2013 ITEM NO.: 3 (CON'T.) BOARD OF ADJUSTMENT: (April 29, 2013) Brad McCray was present, representing the application. There was one (1) person present with concerns. Staff presented the application with a recommendation of denial. Brad McCray addressed the Board in support of the application. He explained that if the area of outdoor dining were reduced in size to be just in front of his building, it would be large enough for only one (1) table. He noted that the adjacent property owner Arkansas Teacher Retirement System (ATRS) had submitted a letter of support with conditions. The issue of extending the area of outdoor dining to in front of the adjacent property to the south was discussed. He noted that he would comply with the 4.5 foot spacing between the area of outdoor dining and the tree wells in the sidewalk. Laura Gilson, representing ATRS, the adjacent property owner to the south, explained that ATRS had no issue with the area of outdoor dining, but wanted to protect their rights as property owner with the conditions noted in their letter dated April 25, 2013. Vice -Chairman Smith asked about the distance between the tree well and the proposed fence. Nathan Charles, of Public works, explained that the distance needed to be at least 4.5 feet, which would be consistent with other outdoor dining in the area. Vice -Chairman Smith asked about the distance between the front of the building and the tree well. Mr. McCray noted that it was 12 feet. Vice -Chairman Smith noted that the minimum separation needed to be five (5) feet and explained. There was a brief discussion of future tree locations along Main Street. Robert Winchester asked how many tables would be in the outdoor dining area. Mr. McCray noted that there will be seven (7) to eight (8) tables. The issue was briefly discussed. Rajesh Mehta asked Mr. McCray if he would provide the five (5) foot separation between the fence and tree well. Mr. McCray stated that he would comply and reduce the width of the outdoor dining area to seven (7) feet. Mr. McCray amended the application as follows: ■ A minimum five (5) foot separation will be provided between the tree well(s) and the fence around the outdoor dining area. ■ Compliance with the letter of agreement (dated April 25, 2013) between Brad McCray and Arkansas Teacher Retirement System. The issue of a franchise permit and Public Works' non-support of the extension of the outdoor dining area past Mr. McCray's south property line were discussed. ATRS being a party to a franchise application was also discussed. There was a motion to approve the application as amended by the applicant and noted above. The motion passed by a vote of 4 ayes, 0 nays, and 1 absent. The amended application was approved. M ,NTE G O CAFE City of Little Rock Department of Planning & Development Bennie Nicolo 723 W. Markham St, Little Rock, AR 72201 March 20, 2013 RE:Right of Way Use Permit — Montego Cafe To Whom It May Concern: 14 43 i- 953 In reference to my attached application, I am requesting the use of public right of way for the installation and use of an outdoor patio for my newly opened Montego Cafe located at 315 Main St. The patio will allow me to serve patrons in an outdoor dining experience for lunch & dinner, increase `drive-by' exposure for the business and increase awareness of all the activity on Main St. As an advocate of the Main St. revitalization, I feel this patio will increase revenue, create job growth and tax revenue for the city of Little Rock. Also included with my application is a detailed drawing of the proposed patio with all dimensions. If you have any questions or need additional information please do not hesitate to call me at 501-804-2833 or by email at bmccray@montegocafe.com Sincerely, Brad McCray President Montego Cafe 315 Main Street - We Rods AR 72201 Phone (501) 372-1555 - Fax (501) 372-1515 www.montegocafexom APRIL 29, 2013 ITEM NO.: 4 File No.: Z-8854 Owner: Ron Rexroad Applicant: Jason Eby, Ace Signs of Arkansas Address: 10 Shackleford Drive Description: South side of Shackleford Drive, between Shackleford Road and W. Markham Street Zoned: C-3 Variance Requested: A variance is requested from the sign provisions of Section 36-555 to allow a projecting sign with increased sign area. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Restaurant Building Under Construction Proposed Use of Property: Restaurant STAFF REPORT Public Works Issues: No Comment. Staff Analysis: The C-3 zoned property at 10 Shackleford Drive is occupied by a new restaurant building which is currently under construction. The property is located on the south side of Shackleford Drive, with W. Markham Street running along the south property boundary. Paved parking will be located on all sides of the building. A driveway from Shackleford Drive will serve as access to the property. Shared drives will also be located between this property and the property immediately to the west. The applicant is requesting one (1) variance as part of the overall signage plan for the new development. The applicant is proposing to locate a projecting sign on the south side of the building. The projecting sign will be 47 square feet in area and will be located over the primary entry area to the restaurant. The sign will contain the wording "Eats, Drinks, Scenic Views." APRIL 29, 2013 ITEM NO.: 4 (CON'TJ Section 36-555(a)(2)c. of the City's Zoning Ordinance allows a projecting sign with a maximum area of 15 square feet for C-3 zoned properties. Therefore, the applicant is requesting a variance to allow the larger projecting sign as part of the new development. Staff is supportive of the requested variance. Staff views the request as reasonable. The proposed projecting sign will contain incidental information and no commercial message. Staff feels that the projecting sign represents more of an architectural feature of the building, similar to the water tower, and not a commercial sign. Additionally, because of the elevation of the property above W. Markham Street and the setback of the building from the south property line, the projecting sign will not be visible from W. Markham Street. The sign will only be visible from the site's interior and the neighboring properties to the east and west. Staff believes the proposed projecting sign with increased sign area will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested sign variance, as filed. BOARD OF ADJUSTMENT: (April 29, 2013) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval, as filed. The item was placed on the Consent Agenda and approved, as recommended by staff with a vote of 4 ayes, 0 nays, and 1 absent. FEDERAL HEATH l 7 -SIGN COMPANY March 11, 2013 RE: Twin Peaks — Little Rock, AR - Sign Package , The attached sign package meets all of the code requirements with the exception of the blade sign that has been proposed for the front elevation. Due to the nature in which the fagade is being designed the only way to mount the sign is to make it a projecting sign. If we were able to make the sign a single faced sign that was mounted flat on to the wall it would meet the requirements to be less than 10% in aggregate for the fagade. The actual square footage of the blade sign is 47 sq. ft. however; when the sign is boxed to include the blank space it 69 sq. ft. The sign package as a whole also maintains the requirement to have one wall sign per street frontage and one freestanding sign per premises. Sincerely, Kathryn Moore Program Manager Federal Heath Sign Federal Heath Sign Company: LLC xxxxx xxxxxx xxxx xxx xxx xxxxx - phone xxx xxx xxxxx - Fax www.federa (heath. com O U W w W F- O 1-- Z W 2 F-- Q u. O Q O m ON April 29, 2013 There being no further business before the Board, the meeting was adjourned at 2:33 p.m. Date: . 4;1� Chairman