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boa_04 25 2011E LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES APRIL 25, 2011 2:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. II. Approval of the Minutes of the Previous Meetings The Minutes of the March 28, 2011 meeting were approved as mailed by unanimous vote. III. Members Present: Robert Winchester, Chairman Scott Smith, Vice Chairman Rajesh Mehta Brad Wingfield Open Position Members Absent: None City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT I. OLD BUSINESS: A. Z-8642 II. NEW BUSINESS: AGENDA APRIL 25, 2011 2:00 P.M. 409 Rose Street 1. Z -6383-A 9101 W. Markham Street 2. Z-8648 5000 Hawthorne Road 3. Z-8649 3 Greendale Court 4. Z-8650 306 Center Street 5. Z-8651 4701 Kavanaugh Blvd. 6. Z-8652 8909 Mayflower Road 7. Z-8653 700 S. Broadway LO Y.__._.__._._._. .. a �.••_.._r _ .. W -1 o; wj 355 1 0a SVWOHl NVO W d w--�— x � oa AAO'Oa8 1S HOaVs �' •1•' '0L lVO 'a s� c 3 ♦ ARCH ST 1000 S h' NI '�'1 af• p zl _,�y� z sowads pamiH 3 NNVd ml tld d� w m asaenwn - _ ZI — � Oa S'JNiadSTa'aian i._.1...._••: -_-r '■_ ob �' ir.•�•_ :.•• ■ % psi W � O oa SNaadS p �� Vtl All it WI w 3 Z W <� o tiIN El L c� U) _ E � U C C LO Y.__._.__._._._. .. a �.••_.._r _ .. W -1 o; wj 355 1 0a SVWOHl NVO W d w--�— x � oa AAO'Oa8 1S HOaVs �' •1•' '0L lVO 'a s� c 3 ♦ ARCH ST 1000 S h' NI '�'1 af• p zl _,�y� z sowads pamiH 3 NNVd ml tld d� w m asaenwn - _ ZI — � Oa S'JNiadSTa'aian i._.1...._••: -_-r '■_ ob �' ir.•�•_ :.•• ■ % psi W � O oa SNaadS p �� Vtl All it WI w 3 Z W <� o tiIN El APRIL 25, 2011 ITEM NO.: A File No.: Z-8642 Owner/Applicant: Donna Pinckley Address: 409 Rose Street Description: Lot 13, Block 1, Pinehurst Addition Zoned: R-4 Variance Requested: A variance is requested from the fence provisions of Section 36- 516 to allow a fence with increased height. 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: 1. In accordance with Section 32-8, no obstruction to visibility shall be located within a triangular area 50' back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications) at the intersection of Rose and "C" Streets. B. Staff Analysis: The R-4 zoned property at 409 Rose Street is occupied by a one-story frame single family residence with a lower garage level. The property is located at the northeast corner of Rose Street and "C" Street. The residence is located within the north half of the lot. There is a two -car wide driveway from Rose Street at the southwest corner of the residence. A paved alley is located along the north (rear) property line. The property slopes downward from back to front (north to south). The yard area south of the residence is currently fenced with a six (6) foot high wood fence along the west side property line and approximately 7 to 8 feet back from the front (south) property line. A short wire fence is located along the east side property line. The existing wood fence ties into the southwest corner of the residence and a short portion is eight (8) feet high adjacent to a desk/step structure. The applicant proposes to replace the existing wood and wire fences with a new six (6) foot high wood fence, as noted on the attached site plan. The wood fence would increase to a height of eight (8) feet adjacent to the existing deck and steps APRIL 25, 2011 ITEM NO.: A (CON'T.) on the south side of the residence. The eight (8) foot high section would consist of a six (6) foot solid wood panel with two (2) feet of lattice on top. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum residential fence height of four (4) feet for fences located between a building setback line and street right-of-way, and six (6) feet elsewhere on a lot. Therefore, the applicant is requesting a variance to allow the proposed six (6) foot high wood fence along the west street side property line and within the south 25 feet of the lot (within the front building setback along "C" Street). The eight (8) foot section does not require a variance based on the fact that it appears to meet all building setbacks. Staff is not supportive of the requested fence variance, as filed. As noted in paragraph A. of the staff report, the Public Works Department requires the fence at the intersection to be located 50 feet back from the southwest corner of the lot, within a triangular area. This is a sight/distance requirement as per Section 32-8 of the Code. Additionally, given the fact that the houses immediately east along "C" Street have a front yard relationship to this lot, staff cannot support a six (6) foot high fence within the south 25 feet (front yard setback) of the lot. The existing six (6) foot high wood fence is non -conforming, and can be repaired/maintained. However, if it is taken down it cannot be replaced without complying with the ordinance requirements. C. Staff Recommendation: Staff recommends denial of the requested fence height variance, as filed. BOARD OF ADJUSTMENT: (MARCH 28, 2011) The applicant was present. There were no objectors present. Staff explained that the applicant had agreed to defer the application to the April 25, 2011 Agenda in order to meet with Public Works personnel and discuss options for the proposed fence. The item was placed on the Consent Agenda and deferred to the April 25, 2011 agenda with a vote of 4 ayes, 0 nays, 0 absent and 1 open position. Staff Update: Public Works staff and the applicant met on the site to review the proposed fence issue. Public Works submitted a revised plan to staff which they can support. The revised plan locates the fence 24 feet back from the edge of pavement of "C" Street. This puts the fence approximately 17 feet inside the front (south) property line. The southwest portion of the fence will be angled back slightly (approximately 45 degrees) to aid in sight -distance at the intersection of Rose and "C" Streets. The applicant has spoken with staff and revised the application according to the Public Works revised plan. Staff continues to be non -supportive of the requested fence variance because of the front yard relationship this property shares with the houses immediately to the east along "C" Street. APRIL 25, 2011 ITEM NO.: A (CON BOARD OF ADJUSTMENT: (APRIL 25, 2011) Donna Pinckley was present, representing the application. There were no objectors present. Staff presented the application, noting that the applicant had amended the application to move the proposed fence further inside the front (south) property line, as described in the above "Staff Update". Staff noted that Public Works was supportive of the revised application. Staff continued to be non -supportive of the application. Donna Pinckley addressed the Board in support of the application. She explained that the existing fence had been in place for many years and had caused no problems. Vice -Chairman Smith explained that he had concerns with the proposed fence location being within the front building setback area. Ms. Pinckley explained that by pushing the fence further north, she would be loosing rear yard area. Vice -Chairman Smith asked if the existing fence could be maintained. Ms. Pinckley explained that the existing fence had been in place for 17 years and could be repaired and maintained for a few more years, but that she would rather spend the money on a new fence. Staff explained the difference between the existing fence and proposed fence. There was a motion to approve the application, as revised by the applicant. The motion failed by a vote of 2 ayes, 2 nays, 0 absent and 1 open position. The application was automatically deferred to the May 23, 2011 Board of Adjustment agenda. :0,- A -g6Lf2- Donna Pinckley 2/25/11 Monte Moore Department of Planning and Development 723 West Markham Little Rock, Arkansas Dear Mr. Moore, I'm applying for a variance to replace my wood privacy fence for my home located at 409 Rose Street, Little Rock. I have already in place a 6' wood privacy fence and would like to replace the existing fence with another wood privacy fence. I would like to replace the wood panels on top of the fence that goes along my deck. The reasons I have for applying for this variance is as follows: • I'm a single mom of a daughter that I would like to have more privacy and feel more protected. • In order to feel safer, I have large dogs that would jump the 4' fence allowed. • The taller fence along the deck is for dog containment and security reasons for my family. Thank you for your consideration. Sincerely, Donna Pir 409 Rose Street • Little Rock, AR 72205 - 501.663.6893 • dpinckley@prodigy.net APRIL 25, 2011 ITEM NO.: 1 File No.: Z -6383-A Owner: Weingarten Realty Applicant: Don Deering Address: 9101 W. Markham Street Description: Southwest corner of W. Markham Street and John Barrow Road Zoned: C-3 Variance Requested: A variance is requested from the height provisions of Section 36- 301 to allow a new building fagade which exceeds the maximum allowed building height. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Strip Center Proposed Use of Property: Commercial Strip Center STAFF REPORT A. Public Works Issues: No Comments B. Landscape and Buffer Issues: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. Upon rehabilitation or building addition in the future the parking lot and associated landscaping may need to be upgraded to meet minimal City Landscape and Zoning Ordinance requirements. C. Staff Analysis: The C-3 zoned property located at 9101 W. Markham Street is occupied by a one- story commercial strip center building with multiple tenants. The property is located at the southwest corner of W. Markham Street and John Barrow Road. There is a paved parking lot on the north side of the building along W. Markham Street. The center section of the building is occupied by PC Hardware/Light Innovations. A new tenant, Ross Dress for Less, is planning to take over this space. With the new tenant, the applicant is proposing to construct a new front building fagade only APRIL 25, 2011 ITEM NO.: 1 (CON'T.) along this center section of the building. The new building fagade will include branding and architectural features used by Ross Dress for Less at other locations across the country. The new building fagade will have a maximum height of 42 feet for the center section and 37 feet for the end sections, with the remainder being the existing height. The current building facade has a height of 34 feet. Section 36-301(d) of the City's Zoning Ordinance allows a maximum building height of 35 feet for structures in C-3 zoning. Therefore, the applicant is requesting a variance to allow the new building fagade with a maximum height of 42 feet. Staff is supportive of the requested height variance. Staff views the request as reasonable. The requested fagade height is only 20 percent greater than allowed. The proposal will represent a quality improvement to the existing commercial building. The proposed fagade enhancement will be similar in nature to the new fagade recently constructed for the existing Kroger store a few blocks to the east at W. Markham Street and Rodney Parham Road. Staff believes the proposed taller fagade will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested building height variance, subject to a permit being obtained for all construction. BOARD OF ADJUSTMENT: (APRIL 25, 2011) 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 Agenda and approved, as recommended by staff with a vote of 4 ayes, 0 nays, 0 absent and 1 open position. kd-.'DA ... 1 R C-1 Member American Institute Of Architects Chambliss Design Associates, Inc. 14403 Cornerstone Village Drive, Houston, Texas 77014 www.cdadrehitects.com Voice 281-440-3301 Fax 281-440-3755 t 29 March 2011 City of Little Rock, Arkansas Zoning Board of Adjustment Department 723 West Markham Little Rock, AR 72201 Project: Proposed Ross at Markham Square S.C. Subject: Request for Variance in Height To Whom It May Concern: We are requesting a Variance to the 35' Height Restriction in the current zoning for the above noted project. In desiring to better serve the community, Weingarten Realty has signed a lease with a new tenant to bring new life to the project. The new tenant is a nationally recognized brand, Ross Dress for Less, and would like to use their nationally recognized branding and architectural standards at this location as they do in a large majority of their projects. We would propose a maximum height of 42' for the Architectural Entry Tower Feature Only, as the remainder of the building will stay at the current elevation of less than 25'. We feel that the higher Architectural Element will help customers to locate the project thereby improving traffic visibility and flow.. The 42' tall tower is a Ross standard that has been installed in hundreds of locations across the country. By granting this Variance Request we feel that there is no detriment to the appearance of the center, or to any surrounding property or property owners. Furthermore, we feel that by granting this request the property will be able to be more visible as it currently sits further back on the lot than the other commercial properties located nearby. In summary, we would like relief from the 35' Building Height requirement, to allow for Ross Dress for Less to build their prototypical tower element of 42' high. Thank you for your time and consideration, Tamim El Haje, Architect CDA Architects F:\jobs\Weingarten\Markham Square\Ross Interior and Facade 11036\Word\L2o11-03-29 CDA -City BOA.doc APRIL 25, 2011 ITEM NO.: 2 File No.: Z-8648 Owner/Applicant: William B. Sigler and Genie J. Sigler Address: 5000 Hawthorne Road Description: Northwest corner of Hawthorne Road and N. Jackson Street Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow enclosure and extension of an existing carport with reduced rear yard 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 A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 5000 Hawthorne Road is occupied by a one-story frame single family residence. The property is located at the northwest corner of Hawthorne Road and Jackson Street. There is a two -car wide driveway from Jackson Street which accesses a carport on the north end of the residence. An enclosed storage area is located on the west side of the carport portion of the residence. The carport/storage area is located approximately 5.5 feet back from the rear (north) property line. The applicant proposes to remove the carport section at the north end of the residence, and construct an enclosed garage in its place. The proposed garage addition will occupy the same foot print as the existing carport, with an additional four (4) feet of building area extending toward Jackson Street. The proposed garage addition will maintain the existing 5.5 foot rear setback. The proposed garage will be located nine (9) feet back from the east street side property line. The existing storage portion of the residence will remain. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear yard setback of 25 feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to construct a garage addition with the same 5.5 foot rear setback as the existing carport and storage areas. APRIL 25, 2011 ITEM NO.: 2 (CON'T.) Staff is supportive of the requested variance. Staff views the request as reasonable. The residential lot is relatively shallow as compared to other lots in the area. The lot depth is 100 feet, with typical lot depths in this area of 150 feet. Additionally, the residence immediately to the north is located approximately 24 feet back from the rear (north) property line of the lot in question. There is a driveway located between the adjacent house and this rear property line. Therefore, there are no issues with building separation. Staff believes the requested rear setback associated with the garage addition will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested rear setback variance, subject to the following conditions: 1. A building permit must be obtained for the construction. 2. The garage addition must be constructed to match the existing residence. BOARD OF ADJUSTMENT: (APRIL 25, 2011) 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 Agenda and approved, as recommended by staff with a vote of 4 ayes, 0 nays, 0 absent and 1 open position. i William B. Sigler 129 Normandy Road Little Rock, AR 72207 March 10, 2011 Little Rock Board of Adjustment RE: Residential Zoning Variance Application 5000 HAWTHORNE ROAD We are requesting approval to remove our existing attached two -car carport and replace it with a two car garage. The foot print of the new garage would be unchanged except for an additional four feet eastward toward North Jackson Street. The driveway from the eastern edge of the existing carport is thirty two feet to the Jackson Street curb and would be twenty eight feet after the garage is completed. We recently purchased this home and the current carport will require some major repair and is shallow for two automobiles. We have had a garage for many years and think an enclosed garage is much safer for both property and people. Sincerely, William B. Sigler, APRIL 25, 2011 ITEM NO.: 3 File No.: Z-8649 Owner/Applicant: James O. Weisman Address: 3 Greendale Court Description: Lot 31, Block 5, Hickory Ridge Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a screened porch and deck addition with reduced rear yard 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 A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 3 Greendale Court is occupied by a one-story brick and frame single family residence. There is a two -car wide driveway from Greendale Court which serves as access to the property. The lot contains a 25 foot front building line. The existing house is located approximately 95 feet back from the front (west) property line. The property has a fairly significant slope downward from north to south. The applicant proposes to construct a new screened porch and deck area on the rear (east) of the existing residence, as noted on the attached site plan. The proposed screened porch will be located 10 feet back from the rear (east) property line. It will be located over 50 feet from the north and south side property lines. The proposed deck area will be uncovered and unenclosed. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear yard setback of 25 feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the screened porch/deck addition with a 10 foot rear (east) setback. APRIL 25, 2011 ITEM NO.: 3 (CON'T.) Staff is supportive of the requested setback variance. Staff views the request as reasonable. Because of the slope of the property, the existing residence was located well behind the minimum required front setback of 25 feet. The residence is approximately 95 feet back from the front (west) property line. The existing houses to the north along Patriot Drive are located at a much higher elevation than the subject property. The lowest finished floor elevation of the houses to the north are approximately 10 to 20 feet higher. Additionally, also a result of the topography, the property immediately east of this lot is undeveloped and wooded. There are no structures within 130 feet of the proposed screened porch/deck addition. Staff believes the requested rear setback will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested rear setback variance, subject to the following conditions: 1. A building permit must be obtained for the construction. 2. The deck portion of the addition must remain uncovered and unenclosed. BOARD OF ADJUSTMENT: (APRIL 25, 2011) 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 Agenda and approved, as recommended by staff with a vote of 4 ayes, 0 nays, 0 absent and 1 open position. March 9, 2011 Jimmy Weisman 3 Greendale Ct. Little Rock, AR 72212 City of Little Rock Planning & Development 723 West Markham Little Rock, AR 72201 Dear Mr. Moore: The purpose of this letter is to formally request permission to build a screened porch within the 25 foot setback requirement. When the house was built, the owner chose to angle the structure in such a way that the side yard is actually the back. With the help of an architect, we have determined that the only useful, practical and aesthetically pleasing way to add on would be to build within the setback. This would allow the porch to connect to the house in the most practical and user friendly way. If the porch can be built as requested, it will face the very back of a neighbors property that is wooded, extremely sloped, never used and over 100' from their house. Thank you very much for your time and consideration. Sincerely Jimmy Weisman APRIL 25, 2011 ITEM NO.: 4 File No.: Z-8650 Owner: Dyke Industries, Inc. Applicant: Sarah Burr Address: 306 Center Street Description: Southwest corner of W. 3rd and Center Streets Zoned: UU Variance Requested: Variances are requested from the development provisions of Section 36-342.1 (Urban Use District) in conjunction with construction of a new surface parking lot. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Proposed Use of Property: Parking Lot STAFF REPORT A. Public Works Issues: No Comments B. Landscape and Buffer Issues: Site plan must comply with the City's minimal landscape and buffer minimal ordinance requirements. Street trees are required along both Center Street and W. 34d Street per the Urban Use District requirements. The zoning ordinance requires an average six foot nine inch wide (6-9") street landscape perimeter along the streets and in no case to be less than half. The proposed backup area along West 3rd Street encroaches into this area approximately two foot (2'). A variance from the City Beautiful Commission will be required prior to the issuance of a building permit. APRIL 25, 2011 ITEM NO.: 4 (CON'T.) C. Staff Analysis: The UU zoned property at 306 Center Street is currently vacant, with some site work taking place. The property is located at the southwest corner of Center Street and W. 3rd Street. A building which existed on the site was recently removed. The applicant proposes to construct a new parking lot on the site, as noted on the attached site plan. The new parking lot will serve Dyke Industries, which is located in the office building at 309 Center Street (directly across Center Street to the east). The lot will contain 20 paved parking spaces and be enclosed with a four (4) to five (5) foot high ornamental iron fence, with vehicular entry and pedestrian gates. The vehicular entry gate will be a rolling gate at the driveway entrance from Center Street. The vehicular gate will remain open during business hours, 6:00 A.M. to 5:00 P.M. weekdays. The proposed parking lot will also be heavily landscaped. The applicant is requesting two (2) variances from the UU District development criteria with the proposed parking lot construction. The first variance requested is from Section 36-342.1(c)(5)b. of the City's Zoning Ordinance. This section requires street trees in the UU zoning district as follows: b. Street trees a minimum of three-inch caliper shall be required (type of trees as listed in landscape ordinance [chapter 15]). The trees shall be located a minimum of two (2) feet off the back of a curb and shall be thirty (30) feet on center and no closer than thirty (30) feet to a street intersection with a water source provided. The tree canopy shall be maintained at least eight (8) feet above the sidewalk. The applicant is requesting a variance from this ordinance requirement, as no street trees can be located at this location based on existing utility lines located in the right-of-way. At least two (2) of the utility companies will not allow placement of the street trees. The second variance is from Section 36-342.1(c )(10)b. This section states that "surface parking is to be located behind or adjacent to a structure, never between the building and abutting street." Dyke Industries is requesting the new parking lot in order to provide a secure parking area for their employees, with the lot located between two (2) buildings and the W. 3rd and Center Street rightsof-way. Staff is supportive of the requested variances from the UU zoning district development standards. Staff views the request as reasonable. Existing paved surface parking lots are located across W. 3rd Street to the north, at the northeast and northwest corner of W. 3rd Street and Center Street. Staff feels that the proposed parking lot will be a quality addition to the area. The lot will be heavily landscaped with a decorative iron fence with masonry columns. The proposed lot is relatively small in size (only 20 spaces) and will be tucked in between two (2) existing buildings. Staff believes the proposed parking lot will have no adverse impact on the adjacent properties or the general area. APRIL 25, 2011 ITEM NO.: 4 (CON'T.) D. Staff Recommendation: Staff recommends approval of the requested variances from the UU zoning district development standards, subject to compliance with the City's Landscape and Buffer ordinance requirements. Any variance from the Landscape Ordinance must be approved by the City Beautiful Commission prior to issuance of a building permit. BOARD OF ADJUSTMENT: (APRIL 25, 2011) 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 Agenda and approved, as recommended by staff with a vote of 4 ayes, 0 nays, 0 absent and 1 open position. P. ALLEN SMI'M & ASSOCIATES 1,1411115C,11)(, cu f.'ardcn :iz'tit X71 d Co1150tation 1722 South Broadway Little Rock, AR 72206 501-376-1894 Fax: 501-376-1896 ATTACHMENT `A' Thursday, March 24, 2011 Board of Adjustments Variance Request descriptions for: ADDRESS: 306 Center Street Little Rock, AR 72201 9650 GENERAL LOCATION: Southwest corner of Center Street and 3rd Street OWNER: Dyke Industries Inc. DESCRIPTION: The UU Urban Use District provisions of Section 36-342.1, paragraph(c)(10)(b) of the Little Rock Code of Ordinances to permit "Surface parking to be located between 315 3rd Street (Brockington Building) and Center Street, 308 Center Street (Lucky Dog Building) and 3rd Street." Requested parking to be a private parking lot for 309 Center Street employees. The lot will be well landscaped and enclosed by an ornamental metal fence approximately 4' to 5' in height. a. JUSTIFICATION: Strict enforcement of the requirement for no parking between building and the street will eliminate the parking lot in its entirety. i. The intent of the parking lot at 306 Center Street is to provide off- street parking for Dyke Industries employees within 300 feet of the office building at 309 Center Street. ii. At present employees are required to park a distance from the building. Allowing the construction of the private parking lot on this site will provide a safe, well -lighted parking within "line of sight" to the Dyke Industries employees working at 309 Center Street. iii. Parking access shall enter and egress from Center Street, as it is a collector street, thus limiting vehicular access to one minor street. No entry or egress shall be required for 3rd street, a minor arterial. 2. DESCRIPTION: The UU Urban Use District provisions of Section 36-342.1, paragraph (c)(5)(b) to permit "The waiver of the requirement for Street trees in the existing paving 2' off the back of curb and 30 feet on center." a. JUSTIFICATION: Strict enforcement of the requirement for street trees within the public right-of-way will conflict with existing utilities, telephone, fiber optic, water, and electric as investigated by the Public works Department. The existing utilities will not allow for the installation of street trees along 3rd Street and Center Street. APRIL 25, 2011 ITEM NO.: 5 File No.: Z-8651 Owner/Applicant: Anna Freeland Address: 4701 Kavanaugh Blvd. Description: Lot 1, Block 5, McGehee Addition Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36- 516 to allow 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 A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 4701 Kavanuagh Blvd. is occupied by a one-story brick and frame single family residence. The property is located at the northwest corner of Kavanaugh Blvd. and "O" Street. There is a two -car wide driveway from "O" Street, with a carport at the east end of the residence. The rear yard area is currently fenced with a four (4) foot high chain-link fence. There is a gravel alley right-of-way along the rear (west) property line. A two (2) foot high masonry wall also runs along the rear property line. The applicant proposes to replace the existing chain-link fence with a six (6) foot high wood fence, as noted on the attached site plan. The proposed fence will enclose the small rear yard area. Along the rear (west) property line the fence will be located on top of the existing masonry wall, for a height of eight (8) feet. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum residential fence height of four (4) feet for fences located between a building setback line and a street right-of-way, and six (6) feet elsewhere on the lot. Therefore, the applicant is requesting a variance to allow the six (6) foot high wood fence along the south side property line (between the 4.8 foot building setback and "O" Street), and the eight (8) foot high wood fence/wall along the rear (west) property line. APRIL 25, 2011 ITEM NO.: 5 (CON'T.) Staff is supportive of the requested fence height variance. Staff views the request as reasonable. The proposed fence will not be out of character with other fences located along rear and side property lines along "O" Street, which essentially functions as an alley right-of-way. The proposed fence will enclose a relatively small rear yard area. The proposed fence will align with the existing wood fence which encloses the rear yard area of the residence immediately to the west. Staff believes the proposed fence 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, subject to a permit being obtained for the fence construction. BOARD OF ADJUSTMENT: (APRIL 25, 2011) 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 Agenda and approved, as recommended by staff with a vote of 4 ayes, 0 nays, 0 absent and 1 open position. 4/01 Kavanaugh Blvd. Little Rock, Arkansas 72207 March 28, 2011 Department of Planning and Development 723 West Markham Little Rock, Arkansas Subject: Request for Variance from the Requirements of the Zoning Ordinance for a Replacement Fence on My Property I am writing to request a variance from the requirements of the zoning ordinance for a replacement fence on my property. I want to construct a six-foot fence on top of a two -foot high rock wall that runs along the back of my property. I want to construct a six-foot fence on the two sides of my property and on the front of the property. This fencing will serve as both a privacy fence and a safety fence. My property is located on a corner in a heavily trafficked area that includes both pedestrian and car traffic. Because so many cars and people pass behind, beside, and in front on my house, I have a situation in which I need a taller fence so that I have privacy when I need it. Also, the fence would offer safety for me and my property. Listed below are descriptions of the safety and privacy issues that have caused me to request the variance: • My backyard backs up to an active alley. The alley is the only access route for the driveways for a number of houses. In addition the city sanitation trucks use this same alley to collect trash ,and recycled materials. • My side yard contains a pedestrian concrete sidewalk that is traveled often. For example, Forest Park Elementary School children walk home on "0" Street on the sidewalk beside my house. There are so many children that use this route to get home that a hired school traffic attendant directs traffic on the corner of my property to allow the children to cross Kavanaugh Boulevard. • A school bus stop is located on "0" Street on the front corner of my property. • "0" Street that runs beside my side yard is also the only two-way feeder street to Forest Park Elementary School. The line of cars for parents dropping off their children in the morning and picking up their children in the afternoon always lines up on "0" Street beside my property. The afternoon back up of cars happens because the cars must pass through two stop signs approximately sixteen feet apart before they can get on to Kavanaugh Boulevard. in addition "0" Street narrows as it empties on to Crestwood. The two stop signs and the narrowing cause the congestion. Sincerely, owvvf� ,"' Anna Freeland (H) 501-663-3008 (C) 501-786-0165 APRIL 25, 2011 ITEM NO.: 6 File No.: Z-8652 Owner/Applicant: Larry E. Case Address: 8909 Mayflower Road Description: South side of Mayflower Road, west of John Barrow Road Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36- 516 to allow 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 A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 8909 Mayflower Road is occupied by a one-story brick and frame single family residence. There is a one -car wide driveway from Mayflower Road at the northeast corner of the property. The property is located on the south side of Mayflower Road, west of John Barrow Road. The applicant recently constructed a six (6) foot high wood fence within the front yard area of the property, as noted on the attached site plan. The fence is located approximately 20 feet back from the street curb, which puts it approximately 10 feet inside the front (north) property line. The fence extends from the west side property line in front of the house to the driveway. There is also a partially constructed six (6) foot high wood fence along the east side property line, extending into the front yard area. Only the support posts and cross members have been constructed (no pickets). Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences located between building setback lines and street rights-of-way. Therefore, the applicant is requesting a variance to allow the six (6) foot high wood fence to be located within the front yard area, between the 25 foot front building setback and the Mayflower Road right-of-way. APRIL 25, 2011 ITEM NO.: 6 (CON'T.) Staff is not supportive of the requested fence height variances. The fence as constructed within the front yard area is out of character with the neighborhood. There are no similar types of front yard encroachments along either side of Mayflower Road for its entire length from John Barrow Road to Deerbrook Road. Staff feels that the fence should either be removed from the front yard area or cut down to a height not to exceed four (4) feet, which would comply with ordinance standards. Staff believes the six (6) foot high fence has a negative visual impact on the adjacent properties and the overall area along Mayflower Road. C. Staff Recommendation: Staff recommends denial of the requested fence height variance. BOARD OF ADJUSTMENT: (APRIL 25, 2011) Staff informed the Board that the application needed to be deferred to the May 23, 2011 agenda based on the fact that the applicant failed to complete notifications to the surrounding property owners. The item was placed on the Consent Agenda and deferred to the May 23, 2011 agenda with a vote of 4 ayes, 0 nays, 0 absent and 1 open position. ALEXANDER LAW FIRM HUBERT W. ALEXANDER MICAH NAIL LANE CHRISTIAN C. ALEXANDER March 28, 2011 Board of Adjustment City of Little Rock Planning and Development Department 723 West Markham Street Little Rock, AR 72201 RE: Larry E. Case, 8909 Mayflower Rd. Dear Board Members: P.O. BOX 5239 -1500 W. MAIN JACKSONVILLE, ARKANSAS 72078 (501)982-0525 FAX (501) 982-0000 e-mail - alexanderlaw@centurytel.net Enclosed is an Application for Zoning Variance that is being filed on behalf of our client, Larry E. Case, for his property at 8909 Mayflower Rd. Mr. Case is seeking a variance of Little Rock Municipal Code §36-516 (e)(1)(a), regarding fence height requirements. Due to Mr. Case's unusual lot size, for him to conform to the current regulation would require him to place the current 6' fence only 1'6" from his front porch. Mr. Case feels that this height variance is warranted for the safety and security of his person and property. Mr. Case has already had numerous items stolen and damaged on his property. The unusual lot size allows him no other way to safely protect himself and his property without violating the current ordinance that is in place. Thank you for your time in this matter and if you have any questions or problems please feel free to contact my office. Sincerely, 4 jr Hubert W. Alexander APRIL 25, 2011 ITEM NO.: 7 File No.: Z-8653 Owner: Gene Jennings Applicant: Sean Miller Address: 700 S. Broadway Street Description: Southwest corner of W. 7th and Broadway Streets Zoned: UU Variance Requested: Variances are requested from the development provisions of Section 36-342.1 (Urban Use District) in conjunction with construction of a new restaurant facility. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Building Proposed Use of Property: Restaurant with Drive-Thru STAFF REPORT A. Public Works Issues: 1. Conduct a traffic study to determine the impact of proposed traffic on City streets prior to building permit application. Determine with the proposed drive thru configuration, if vehicles will stack on City streets. If the proposed drive thru design is not adequate then alternative should be provided. If you have any questions, please contact Bill Henry at 379-1816. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. B. Landscape and Buffer Issues: Site plan must comply with the City's minimal landscape and buffer minimal ordinance requirements. The zoning ordinance requires an average nine foot wide street buffer along both Broadway Street and 7th Street. This site is located within the designated "Mature Area" of the city; therefore, the area can be reduced to six feet nine inches (6-9") in width. The site is deficient along 7th Street. The site plan reflects three and one half feet (3'-6") in width. APRIL 25, 2011 ITEM NO.: 7 (CON'T.) The landscape ordinance requires a nine foot (9'-0") wide perimeter landscaping strip around the northern, southern, and eastern perimeters of the site. A variance from this minimal amount will require City Beautiful Commission approval prior to the issuance of a building permit. Street trees are required along both Broadway Street and along W. 7th Street per the Urban Use District requirements. A franchise agreement with the City of Little Rock will be required in conjunction with any/all amenities located within the public right-of-way. C. Staff Analysis: The UU zoned property located at 700 Broadway Street is occupied by a one-story commercial building. The property is located on the southwest corner of Broadway and W. 7th Street. The existing building occupies the entire property, with a paved alley along the rear (west) property line. The existing building is occupied by a restaurant -type use (east half) and an auto repair shop (west half). The applicant proposes to remove the existing building and re -develop the site as a restaurant use with drive-thru service. The development will include a 1,610 square foot restaurant building located within the south half of the property. Seven (7) paved parking spaces will be located on the north side of the building along W. 7th .Street. Entry and exit drives will be located on the east end of the property from Broadway Street. An exit drive will be located at the northwest corner of the property. A drive-thru order board will be located at the west end of the building, with a pick-up window on the south side of the building. An area of outdoor dining will be located at the east end of the building. Landscaped areas will be provided along Broadway and W. 7th Streets. A ground mounted sign will be located at the northeast corner of the property. The ground sign will be approximately 33 feet tall, with an area of approximately 81 square feet. The applicant is requesting several variances from the UU zoning development criteria of Section 36-342.1 of the City's Zoning Ordinance and Section 36-522 (buffer requirements). The requested variances are as follows: 1. Section 36-342.1(c)(3) states that no new drive-in or drive through facilities may be visible or take directed access from a primary street. The proposed drive-through located on the south side of the building will be visible from Broadway Street. The order board for the drive-thru will be visible from W. 7th Street 2. Section 36-342.1(c)5)b. requires installation of street trees along the Broadway and W. 7t Street frontages. The applicant is proposing to install no street trees, given the lack of room on this relatively small site. 3. Section 36-342.1(c)(8) states that ground -level floors of commercial buildings have a minimum surface area of 60 percent transparent or window display. The front (east) building elevation will comply with this APRIL 25, 2011 ITEM NO.: 7 (CON'T.) requirement. The north side building fagade (facing W. 7th Street) will have approximately 40 percent window area. 4. Section 36-342.1(c)(10)b. states that surface parking lots must be located behind or adjacent to a structure, never between the building and abutting street. As noted previously, there will be a surface parking lot located between the proposed building and W. 7th Street. 5. Section 36-342.1(c)(11) requires that any ground -mounted sign be reviewed and approved by the Board of Adjustment. As noted previously, the applicant is requesting a ground sign at the northeast corner of the property, approximately 33 feet tall with an area of approximately 81 square feet. 6. Section 36-522(b)(3)b. requires a minimum street buffer of 6.75 feet along W 7th Street. The applicant is proposing a 3.5 foot street buffer along W. 7th Street. Staff is supportive of the requested variances. Staff feels that the proposed redevelopment of the property is reasonable, given the location of the property. The property is located near the fringe of the UU Zoning District, where the uses become less pedestrian -oriented and more vehicular -oriented. Fast food restaurants are located immediately south and east (across Broadway Street) of the property. A convenience store is located to the south at the southwest corner of Broadway and West 8th Streets. A drive-thru bank facility is also located to the south at the northwest corner of West 8th and Broadway Streets. Additional fast food restaurants with drive-thru service are located to the southeast (across Broadway Street) and to the south at the intersection of W. 9th Street and Broadway Street. Staff feels that the proposed redevelopment of the property is a quality one, and will have no adverse impact on the adjacent properties or this general area along Broadway Street, south of West 6th Street. D. Staff Recommendation: Staff recommends approval of the requested variances from the UU zoning district and buffer standards, subject to the following conditions: 1. Compliance with the Public Works requirements as noted in paragraph A. of the staff report. 2. Compliance with the Landscape and Buffer requirements as noted in paragraph B. of the staff report. 3. Any variances from the Landscape ordinance requirements must be approved by the City Beautiful Commission prior to application for building permit. 4. A franchise permit must be obtained for any improvements (landscaping) within the right-of-way. APRIL 25, 2011 ITEM NO.: 7 (CON'T.) BOARD OF ADJUSTMENT: (APRIL 25, 2011) 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 Agenda and approved, as recommended by staff with a vote of 4 ayes, 0 nays, 0 absent and 1 open position. JJROCKSM LLC. 4120 E. McCain Blvd. Suite 108 North Little Rock, AR 72117 (501) 554-2969 March 25, 2011 Subject: Non -Residential Zoning Variance Proposal. Property Location: 700 Broadway (Corner of Broadway and 7"' South) Proposed Redevelopment: Jimmy John's Gourmet Sandwiches Company: JJROCKSM LLC. JJROCKSM, LLC. (DBA - Jimmy John's Gourmet Sandwiches) is proposing a redevelopment project in Downtown little rock to conduct business at the location of the corner of Broadway and 7th south. We are requesting the following variances from the Urban Use development criteria. Jimmy John's specialized in Gourmet Sub sandwiches make "Freaky Fast" from Fresh ingredients. We offer "Freaky Fast" delivery within a certain radius of our location. Jimmy John's now offers 25 different sandwiches and has over 1200 stores in 39 states. Jimmy John's has consistently opened almost 200 units per year for the last three years, with an additional 1,500 or so units in the pipeline. About 95% of the current restaurants are franchise -owned. The existing structures will be removed and they are proposing building a stand-alone sandwich shop. The site plan will call for a Drive-thru with Parking on-site as well as indoor and outdoor seating. Because of the required designs for this layout, we have proposed the following adjustments to the Urban Use Zoning Requirements in Section 36-342.1 for Downtown Little Rock: Request # 1: Code 36-342.1 — Drive-thru variance We are requesting the ability to have a drive-thru visible from the primary street location. Request 42: Code 36-342.1 We are requesting exemption from the Street Tree requirements to allow for landscaping a tree development on site Request 43: Code 36-342.1 We are requesting the ability to have parking in between the building and the street, visible to Broadway and 7th south. Request #4: Code 36-342.1 We are requesting a Ground Mounted Sign to be places per Jimmy John's corporate. The sign will stand between 18 feet to 25 feet in height. Request #5: Code 36-342.1 We are requesting a small reduction on the glass that will be visible from 7th south. We will be able to have more than 60% on the front fagade of the building, but on the 7th south side, it may only be 40-50% depending on Kitchen, and bathroom space required on that side of the building Regards, S n Miller JROCKSM LL . Owner Cell: (501) 554-2969 Fax: (501) 945-9501 smiller a,�jirocksm.com C O w W - w H O H W H LL O O W • a� c c 0 b: N W Z 11 ~ W 1 1 1 J m O '1 J = m < ofIM m Z 0 0 u LU ZZ Q _ = ti W t— W Z_ Z � m Q CO CY W O M 5 4J W � Q 2 U— Z_ Z_ a� c c 0 b: N W Z 11 ~ W O J m O J = m < ofIM m Z 0 0 u LU ZZ Q _ = ti W t— W Z_ Z � a� c c 0 b: N W Z 11 April 25, 2011 There being no further business before the Board, the meeting was adjourned at 2:21 p.m. Date: Chairman Secreta