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boa_10 28 2013LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES OCTOBER 28, 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 September 30, 2013 meeting were approved. Members Present: Members Absent: Jeff Yates, Chairman Scott Smith, Vice Chairman Robert Winchester Brad Wingfield Rajesh Mehta City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA OCTOBER 28, 2013 2:00 P.M. I. OLD BUSINESS: No Old Business II. NEW BUSINESS: 1. Z -2977-A Southeast Corner of E. 6t" Street and Bond Avenue 2. Z-7931 -B 401-409 President Clinton Avenue 3. Z-8887 13 Johnnycake Lane 4. Z-8888 307 President Clinton Avenue 5. Z-8889 10510 Interstate 30 6. Adoption of the 2014 Board of Adjustment Calendar OCTOBER 28, 2013 ITEM NO.: 1 File No.: Z -2977-A Owner: Central Arkansas Library System Applicant: Global Surveying Consultants. Inc. Address: Southeast corner of E. 6th Street and Bond Avenue Description: Lots 1-6, Block 30, Garland's Addition Zoned: 1-2 Variance Requested: A variance is requested from the area provisions of Section 36-320 to allow construction of a new building with a reduced front setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Storage Facility STAFF REPORT Q Public Works Issues: No Comments. B. Landscape and Buffer Issues: 1. Compliance with the City's landscape and buffer ordinances is required. 2. A 13.68 foot landscaped street buffer is required on both the Bond and Bender Street frontages (6% of depth of property with 25% reduction due to the property being located in the City's designated mature area). 3. A 9 foot landscaped street buffer is required on the #. 6th Street frontage (minimum allowed). 4. The dumpster and enclosure need to be removed from the Bender Street buffer. 5. A perimeter landscape strip is required along the south perimeter for a depth of 50 feet off of both Bond and Bender. 6. An automatic irrigation system is required for full coverage of all landscape areas. 7. At the time of building permit submittal, a landscape plan prepared by a registered landscape architect or design professional must be submitted. OCTOBER 28, 2013 ITEM NO.: 1 (CON'T.) C. Staff Analysis: The 1-2 zoned property at the southeast corner of E. 6th Street and Bond Avenue is currently undeveloped and mostly grass covered. The property is relatively flat and void of slope. There is a small gravel area at the southwest corner of the overall property, with a gravel driveway from Bond Avenue. The property is approximately 1.158 acres in size and is comprised of Lots 1 through 6, Block 30, Garland's Addition. The overall property has a depth of 146 feet along the west side property line and 186 feet along the east side property line. There is approximately 304 feet of frontage along E. 6th Street. Bender Street runs along the east side property line. The applicant proposes to construct a one-story 10, 140 square foot building within the north half of the property, as noted on the attached site plan. The building will serve as a storage facility for the Central Arkansas Library System. The proposed building will be set back approximately 30 feet from the front (north) property line. The proposed building will be located slightly over 20 feet from the west side property line and over 80 feet from the east side property line. The setback dimensions are from the current property lines. Public Works may require some right-of-way dedication at the time of building permit. The proposed development will include a paved parking area behind the building, within the south half of the property. The parking area will have 23 spaces, with gated access drive from Bond Avenue. The applicant is requesting one (1) variance with the proposed development. Section 36-320(e)(1) of the City's Zoning Ordinance requires a minimum front setback of 50 feet for structures in 1-2 zoning. Therefore, the applicant is requesting a variance to allow the new building with a reduced front setback. All other setbacks comply with ordinance standards. Staff is supportive of the requested setback variance. Staff views the request as reasonable. The applicant is proposing a development which will have a more urban feel with the building pulled closer to the front property line with parking in the rear. The proposed front setback will be similar to the front setbacks of existing structures to the north, east and west along E. 6th Street. The R-4 and C-3 zoned properties immediately north and east require 25 foot front setbacks. The property across the intersection of E. 6th Street and Bond Avenue to the northwest is zoned UU which requires no front setbacks. The existing building on the 1-2 zoned property immediately to the east, west and south maintain front setbacks similar to or less than the front setback proposed. Staff believes that the proposed development with reduced front setback represents a quality in -fill development which will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested setback variance, subject to compliance with the landscape and buffer requirements as noted in paragraph B. of the staff report. OCTOBER 28, 2013 ITEM NO.: 1 (CON'T.) BOARD OF ADJUSTMENT: (October 28, 2013) Paxton Singleton, of Global Surveying Consultants, was present, representing the application. There was one (1) person present with questions. Staff presented the application with a recommendation of approval. Paxton Singleton gave a brief description of the project. Betty Findley, of 1811 E. 6t" Street, addressed the Board. She noted that her family had owned the property for many years. She noted that she had no objection to the project and that it would improve the area. She stated that she was just present for additional information. Ms. Findley briefly met with Mr. Singleton, with Mr. Singleton showing her renderings of the proposed building. Ms. Findley noted no objection to the project. There was a motion to approve the application, as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was approved. Global Surveying Consultants, Inc. Professional Land Surveyors 6511 Heilman Court • North Little Rock, AR 72118-T 14, Phone: 501.455.4984 9 Fax: 501.455.8158 j?- 2-1 -7 -7-4 October 1, 2013 Dana Carney City of Little Rock 723 West Markham Little Rock, AR 72201 RE: Request for Zoning Variance Mr. Dana Carney: Please accept this letter with the attached application, survey, and site plan to serve as our request for a zoning variance. We are requesting a zoning variance from the current required front yard setback of 50 feet. Due to the unusual configuration of the property, a portion of the proposed building lies within the 50 foot front yard setback. We are requesting the zoning variance due to the design constraints caused by the usual configuration of the property to allow our client to develop a 10,140 sq. ft. storage facility on a 1.158 acre lot for the Central Arkansas Library System. The building is designed to be aesthetically pleasing, well landscaped, and will set no closer to the street than other existing structures in the area. I have also enclosed a check for our application fee. If you have any questions, please do not hesitate to call. Thanks, 4U'71�1�1(jq Sebrina Ricks, Office Manager Global Surveying Consultants, Inc. OCTOBER 28, 2013 ITEM NO.: 2 File No.: Z-7931 -B Owner: Central Arkansas Library System Applicant: Jim Thacker, Polk Stanley Wilcox Architects Address: 401-409 President Clinton Avenue Description: Southeast corner of President Clinton Avenue and S. Rock Street Zoned: UU Variance Requested: A variance is requested from the sign provisions of Section 36-353 to allow an increased number of projecting signs. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The UU zoned property at 401-409 President Clinton Avenue is occupied by a three- story commercial building. The building houses the Central Arkansas Library System's Arkansas Studies Institute and one (1) tenant (Four Square Cafe and Gifts). The property owner, Central Arkansas Library System, proposes to install four (4) projecting signs to the north fagade of the Arkansas Studies Institute building along President Clinton Avenue, as noted in the attached sketch packet. The signs would identify individual library departments as well as Four Square Cafe and Gifts. The four projecting signs would each be 24' square feet in area and project approximately 2'-9" from the face of the wall to the outside edge of the sign. The arm to hold the sign will project 36" from the wall. The signs have the following text on them: Arkansas Studies Institute Butler Center Galleries; 4Square Cafe & Gifts; Butler Center Galleries Concordia Hall; and Arkansas Humanities Council Clinton School of Public Service UALR. The individual signs conform to the size requirement, but do not conform to the spacing requirement as set in the ordinance. OCTOBER 28, 2013 ITEM NO.: 2 (CON'T.) Section 36-353(e)(1)d. of the City's Zoning Ordinance reads as follows: "d. The number of projecting signs shall be limited to one (1) sign per one hundred (100) feet of primary street frontage per building." Overall continuous fagade of the building is approximately 147 feet. Two (2) signs could be placed 100 feet apart along the facades and meet the ordinance. Three (3) signs or more will require a variance. The distances between the signs are: From A to B is approximately 43'; From B to C is approximately 26'; and From C to D is approximately 27'. Therefore, the applicant is requesting a variance to allow two (2) additional projecting signs along the existing fagade area. Staff is supportive of the requested variance to allow two (2) additional projecting signs to the two (2) allowed by ordinance. Staff views the request as reasonable. The proposed signs will identify the individual library departments within the Arkansas Studies Institute and the Four Square Cafe and Gifts. The overall sign area is very minimal when compared to the overall fagade area of the three-story building. The River Market Design Review Committee has reviewed the proposed signage and voted unanimously to approve (October 8, 2013) the request, subject to the signage for Four Square Cafe and Gifts being in compliance with all other ordinance standards. The applicant will need to work with Brian Minyard of the City's Planning staff to assure that the overall signage and incidental signage for Four Square Cafe and Gifts is brought into compliance. Otherwise, Staff believes the proposed projecting signs will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested projecting sign variance, subject to the following conditions: 1. Compliance with the River Market DRC approved of October 8, 2013. 2. All other sign code requirements must be complied with. 3. The projecting signs must maintain a clearance of at least nine (9) feet above the sidewalk. 4. A sign permit must be obtained for each sign. 5. A franchise permit must be obtained since the projecting signs overhang the sidewalk/right-of-way. BOARD OF ADJUSTMENT (October 28, 2013) 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. September 13, 2013 • A R c H I T E c r s TO: CITY OF LITTLE ROCK ZONING BOARD OF ADJUSTMENT gj, 4 7- Attn: Attn: Monte Moore 2 , 719 3 I-1�5 RE: EXTERIOR BUILDING SIGNAGE WAIVER 7� Arkansas Studies Institute Central Arkansas Library System Little Rock, Arkansas To Whom It May Concern: The attached application is submitted for variance in the quantity of project signs portion of Ordnance 36-353e to allow for more than one (1) projecting sign to be placed on the front of the old Budget Building fagade at 409 President Clinton Avenue. We feel the proposed signage will be in full compliance with all other requirements of the signage ordnance. Overall, the Owner, Central Arkansas Library System, would like to place projecting signs to further identify several individual Library Departments within the new Arkansas Studies Institute, Geyer and Adams Building and Budget Building, as well as to identify a business operating in the Geyer and Adams Building storefront. The building exterior glazing currently has imagery added and these signs are intended to be an extension of that imagery. In reference to the overall context of the signs and their relationship with President Clinton Avenue, our office has contacted AMR Architects about the anticipated signage for the adjoining, soon to be open, Arcade Building and we feel these signs would compliment what we understand AMR Architects plans to provide for signage for that building. Should you have any questions at all, please contact me directly at my office number (501)367-2230. Thank you for consideripS our application. (Assoc. Principal Polk Stanley Wilcox Architects j hacker@polkstanleywilcox.com encl. LITTLE ROCK 2222 Cottondole Lane cc: Dr. Bobby Roberts, CALS suite 100 David Stricklin, Butler Center for Arkansas Studies Little Rock, AR 72202 Reese Rowland, PSW 5013780878 FAYETTEVILLE 509 W Spring St Suile 150 P6W_Pfl0.JECT6StTIVF.996 CALS3xF-10 2073 All Blades 6alluY Nod0ice9ons:336Ft0 Wamrzn7s336F10 Cau9v.Gm AAxiNs4uian:996F10 Arctlilacl's 6upplamml>I tg0uctlanA612093ipuge:0osi9n Lnnm meararlacx Fayetteville, AR 72701 479 444 0473 1)0k=;r,:UEywilcox .) .i. Planning and Development • 723 W. Markham • Little Rock, Arkansas 72201 •501-371-4790 • fax 501-399-3435 October 8, 2013 Board of Adjustment 723 West Markham Little Rock, AR 72202 Re: Arkansas Studies 4 -blade signs (Z- 7931-B) Chairman and Members, The River Market DRC met on October 8, 2013 and reviewed the signage at 401-409 President Clinton Avenue for Arkansas Studies Institute. The DRC did approve the 4 -blade signs subject to 4 -Square being in compliance. The final vote was 4 yes, 0 noes and 1 absent. Thank you, Brian Minyard River Market DRC Staff J4,a,,4z 7j? - -79 3 River 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 •501-371-4790 • fax 501-399-3435 October 8, 2013 Board of Adjustment 723 West Markham Little Rock, AR 72202 Re: Arkansas Studies 4 -blade signs (Z- 7931-B) Chairman and Members, The River Market DRC met on October 8, 2013 and reviewed the signage at 401-409 President Clinton Avenue for Arkansas Studies Institute. The DRC did approve the 4 -blade signs subject to 4 -Square being in compliance. The final vote was 4 yes, 0 noes and 1 absent. Thank you, Brian Minyard River Market DRC Staff OCTOBER 28, 2013 ITEM NO.: 3 File No.: Z-8887 Owner/Applicant: Alejandro Gutierrez Address: 13 Johnnycake Lane Description: Lot 457, Pleasantree Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow an existing house with a reduced front setback and which crosses a front 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 A. Public Works Issues: No Comments. B. Staff Analysis: The R-2 zoned property at 13 Johnnycake Lane is occupied by a one-story rock and frame single family residence. There is a two -car wide driveway at the northwest corner of the property. The driveway leads to a garage at the north end of the residence. The property is located near the end of a cul-de-sac street, with a "T" turnaround at its terminus. The single family lot contains a 25 foot front platted building line which follows the shape of the "T" turnaround, as does the front property line. The existing single family residence was constructed in 1975. A portion of the residence at its northwest corner extends across the front platted building line, as noted on the attached sketch map. Approximately 180 square feet of the residence extends across the front platted building line. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 31-12( c) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the residence with reduced front setback and which crosses a front platted building line. OCTOBER 28, 2013 ITEM NO.: 3 (CON'T.) The property owner, Alejandro Gutierrez, recently purchased the residence. At closing, the title company informed Mr. Gutierrez that a variance needed to be obtained for the front encroachment. Staff supports the requested front setback and building line variances. Staff views the request as reasonable. The applicant recently purchased the property/residence for which an obvious plotting error was made almost 40 years ago when the house was constructed. Staff feels that the existing house placement has had no negative visual impact on the surrounding residences. With the curvature of the street, the front of the existing residence aligns with the houses to the south along Johnnycake Lane. Staff believes the residence with reduced front setback at the one (1) front corner has no adverse impact on the adjacent properties or the general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change 'in the platted front building line for the existing residence. 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 setback and building line variances, subject to completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. BOARD OF ADJUSTMENT (October 28, 2013) 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. Page 1 of 1 Moore, Monte 7 From: Alejandro Gutierrez[alejandroggutierrez@hotmail.com] Sent: Tuesday, October 01, 2013 8:07 PM To: Moore, Monte Subject: Cover Letter Hello Mr. Mote here is the cover letter you requested from me. My name is Alejandro Gutierrez .I recently applied for a variance on my house that I just bought on September with address of 13 Johnnycake Ln, Little Rock, AR, 72211. This house was built in 1975, part of our closing requirements was to have a survey done, after we received our survey our title company mentioned that the part of the house was over the building line on the North side of the property and we need to apply for a variance. Reason why I'm applying is because I want to make things right and wanted to get this done according the rules. I will greatly appreciated if you all can considered this process to be granted Thanks Alejandro G 10/9/2013 OCTOBER 28, 2013 ITEM NO.: 4 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: UU 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 Briggs Piano Bar Proposed Use of Property: Ernie Briggs Piano Bar STAFF REPORT A. Public Works Issues: No Comments. B. Staff Update: On October 8, 2013 the River Market Design Review Committee met to discuss this proposed issue. The DRC deferred the application to their November 12, 2103 agenda. The DRC has asked for additional information regarding the historic nature of the project. Therefore, staff requests deferral of this application to the November 25, 2013 Board of Adjustment agenda to allow the DRC to rule on the issue. The applicant has been notified of the need for deferral and expressed no objection. 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. 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 Bryant OCTOBER 28, 2013 ITEM NO.: 5 File No.: Z-8889 Owner: Russell Atkinson/Atkinson Properties LLC Applicant: Lamar Advertising by Michael Shannon Address: 10510 Interstate 30 Description: North side of 1-30, West of Baseline Road Zoned: 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(a)(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." On 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. OCTOBER 28, 2013 ITEM NO.: 5 (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. Quattlebaum, Grooms, Tull & Burrow A PROFESSIONAL LIMITED LIABILITY COMPANY 111 Center street 3 O 7 Suite 1900 ff Little Rock, Arkansas 72201 (501) 379-1700 • (501) 379-170101— Fax t J Michael N. Shannon Direct Dial mshannon@ggtb.com 501-379-1716 Licensed in Arkansas, Missouri and Kansas Direct Fax 501-379-3816 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 dcarney@littlerock.org Dear Board Members: On August 20, 2013, Lamar Advertising submitted a Sign Permit Application ("Application"). A copy of the Sign Permit Application is 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(a)(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(g). 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 MNS/lad Enclosures cc w/ 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 Little 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, 10510 Interstate 30, contingent upon the removal of the sign structures associated with permits 17719 and 20061. Please note the owner of record for both permits,17719 and 200611s Lamar Outdoor Advertising. Permit 17719 is listed as 10600 Interstate 30, W L Huffstutlar, permit 20061 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. Likewise, 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 cooperation and attention to the application. Thank you, Gre Criner Real Estate Manager EXHIBIT CITY OF LITTLE ROCK Planning and Development 723 W. Markham, Little Rock, AR 72201 (501) 371-4844 SIGil✓ PERMIT APPLICAT/�N Date 0 13 Permit No. Permit Fee Applies cants Nametmr �tlyr�tiii�t Address P jw r ~ knl''bicir� Tel No. �Qr Pxoperty Owner or Ag nt Name Address A i 1!j ,. 'r��l n r 3 I,ijAie 0-1, Tel No. ------------------------ �------------------------------------ Business Address of Proposed Sign • } r}'�i o l • Type of Sign ----- wording on Sign Sign Dimensions Sign Height fi Vehicular Clearance of Sign tie Pedestrian Clearance of Sign -t,S Setback of Sign from Property Line— T Linear Street frontage of Property Nn Linear Building frontage Zoning Classification of Property �^ 3 --------- ..------------------------------------------------- -------------------------- -.------- 0 1 I , -do hereby certify that all information contained on this application is t and correct, and hereby agree that if this permit is issued all requiremen of the City of Little Rock Building, Electrical, Traffic, and Sign :lodes will be,complied with I further certify that this proposed work is authorized by the owner in fee, and that I am authorized to make this Application. ( awl J�ce 9��, [�c-m�t' C•�n��n5•n��fYL ,J,,'ido3r 1t'�tr��`rry "' ..X.f'y �rwr j ' + Owner or Agent � rn .30 ��rnQv r Address 1 Telephone No. Zoning & Sign Inspector 4 urTjf,,� The Map Title W ": y Data Current as of10/11/2 10/1112011 PURING I 11YLLOP64EHi Zoning Information Is representational only and Is not Intended to meet legal standards, use at your own risk Printed: Aug 20, 2013 7'O O A^ U r � -01 o 7'O O PROPERTY OWNER JPERMISSION STATEMENT To the Arkansas State Highway and Transportation Department: n• r.%- (L ta4--),-,3 �� '� S`, - HAS MY PERMISSION TO (Sign Owner) ERECT AND/OR MAINTAIN A SIGN ON MY PROPERTY ADJACENT TO io5ic) 1 HIGHWAY. 2� Ll Q S i D —)N `� �`��5�� COUNTY NEAR \,-4;X Z: Q-- (City or Town) Pro erty Owner (Please Print) Property Owner Mailing Address City State Zip Code Signature Iyate NOTE: Must be signed and dated within 30 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 <DCarney(a,littlerock.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 off -premises sign site, a permit request may be filed. Dana From: Thomas Gibbens [mailtoagibbens lamar.com] Sent: Wednesday, August 28, 2013 4:50 PM To: Carney, Dana Subject: Re: (10510) I-30 0 On Wed, Aug 28, 2013 at 4:49 PM, Carney, Dana <DCarney@littlerock.org> wrote: soon From: Thomas Gibbens [mailto:tgibbens0lamar.com] Sent: Wednesday, August 28, 2013 4:43 PM To: Carney, Dana Subject: Re: (10510) I-30 Yes, we received the alteration one one site at 120011-3 0. When do you plan to meet on the 10510 application.? On Wed, Aug 28, 2013 at 4:40 PM, Carney, Dana <DCarney@1ittlerock.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 other proposal. From: Thomas Gibbens [mailto:tgibbens a lamar.com] Sent: Wednesday, August 28, 2013 3:59 PM To: Carney, Dana Subject: (10510) I-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 me know Kenny had relayed that a decision was to be made soon? Thanks Tom ADOPTED: DRAFT BOARD OF ADJUSTMENT CALENDAR OF MEETING DATES 2014 FILING DATE NOTICE DEADLINE MEETING DATE 10-29-13 11-15-13 11-25-13 11-19-13 12-06-13 12-16-13 12-17-13 01-17-14 01-27-14 01-28-14 02-14-14 02-24-14 02-25-14 03-21-14 03-31-14 04-01-14 04-18-14 04-28-14 04-22-14 05-09-14 05-19-14 05-20-14 06-20-14 06-30-14 07-01-14 07-18-14 07-28-14 07-29-14 08-15-14 08-25-14 08-26-14 09-19-14 09-29-14 09-30-14 10-17-14 10-27-14 10-28-14 11-28-14 12-08-14 12-09-14 01-16-15 01-26-15 NOTE: (1) All Board meetings to be held at 2:00 P.M. unless otherwise changed by the Board. (2) Agenda meeting to be held at 1:30 P.M. in the Board Conference Room on meeting date. NOTICE: AN INTERPRETER WILL BE PROVIDED FOR THE HEARING IMPAIRED UPON REQUEST. REQUEST SHOULD BE MADE TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT AT LEAST TWO WORKING DAYS PRIOR TO THE SCHEDULED MEETING DATE. 0 W W W 2 U) a L o �W Oz m c� n 6j F - Q 0 111■ I� �� i milli 1 I NOU gal 11 HER I OCTOBER 28, 2013 There being no further business before the Board, the meeting was adjourned at 2:16 p.m. Date: , Secret