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