The URL can be used to link to this page

boa_07 25 2011LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES JULY 25, 2011 2:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being five (5) in number. II. Approval of the Minutes of the Previous Meetings The Minutes of the June 27, 2011 meeting were approved as mailed by unanimous vote. III. Members Present: Robert Winchester, Chairman Scott Smith, Vice Chairman Rajesh Mehta Brad Wingfield Jeff Yates Members Absent: None City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT I. OLD BUSINESS: A. Z -6713-B B. Z-8672 C. Z-8673 D. Z-8674 II. NEW BUSINESS: 1. Z -4948-A 2. Z -7616-A 3. Z-8677 4. Z-8678 5. Z-8679 AGENDA JULY 25, 2011 2:00 P.M. 5300 Edgewood Road 1900 E. 15th Street 9412 Crofton Drive South side of W. 3rd Street, between Center and Louisiana Streets 5525 N. Grandview Road 1020 W. 4th Street 1400 S. Ringo Street 5718 N. Country Club Blvd. 4709 Kavanaugh Blvd. 6. Z-8680 9921-9925 Lanehart Road 7. Z-8681 1510 S. University Avenue t ■ �� s� z _.__.. 3NId r* w ! °t m o 0 eg3z N ti —'—�� N Co ■ gA L.. ww� w�I „>j z Nva Soa svwoHi II o� OES TER 53� 3.(b1Sb31Nl is Q �• O s eMopoae � as a3H3; p 1s HONVS •7 Oa A< o�j - L0 3i ~� x r � O w 0 r= p 3I c I i M a000M S3 F,• ARCH •`S_.• i I l C I zSONI8V'714 rd� Alb NaVd alVd— �, w w �• '„' .' K A�A-LIS83AINf1S Ix — .�••�r' Oa SONIad a3A3'J • Y 4 `M� �.• �I 1S IddISSISSM N rn J O— a�__. /, ... a MON VS NHO •� - ' Oa aI0Aa3S3 �,t, I / ~ ON sloaes i� Oct, 3j. w G z • a WM as a31N1 m w ' I : /'• Ory Jy ON 30OIa /, IA It r. bxary 1 and ;•r+•�” x i Q� WI O . alaVM31S { VJ z, �..1 w r .rl„� j �•� HSNV 1 z _ OOE AVMH°JIH y O 0 O oa sNavds o N1O alV h \V �P ONb3d f JULY 25, 2011 ITEM NO.: A File No.: Z -6713-B Owner: Jeff and Melanie Fox Applicant: Ellen Yeary, Yeary Lindsey Architects Address: 5300 Edgewood Road Description: Northwest corner of Edgewood Road and Harrison Street Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-156 to allow an accessory building with reduced front setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5) feet if they have properly constructed fire walls which provide the requisite one (1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line, and are prohibited when the exterior wall is less than three (3) feet from the line. There is no restriction on openings when the exterior wall is more than three (3) feet form the property line. Contact the City of Little Rock Building Codes at 371-4832 for additional details. JULY 25, 2011 ITEM NO.: A (CON'T.) C. Staff Analysis: The R-2 zoned property at 5300 Edgewood Road is occupied by a two-story rock and frame single family residence. The property is located at the northwest corner of Edgewood Road and Harrison Street, and is comprised of three (3) platted lots. The property also has frontage along Centerwood Road. A two -car wide driveway from Edgewood Road accesses a garage at the west end of the residence. The north portion of the property (southwest corner of Centerwood Road and Harrison Street) has been utilized as a rear yard area, serving the residence for a number of years. It contains an in -ground pool which will be removed from the site. The rear yard area is fenced with a six (6) foot high wood fence and is heavily landscaped, especially along the street frontages. The property contains 20 foot platted building lines along the Edgewood Road and Centerwood Road frontages and a 15 foot building line along the Harrison Street frontage. The applicant is proposing to construct a new accessory building (potting shed with covered porch) within the north (rear yard) section of the property, as noted on the attached site plan. The accessory building will be one-story in height and 16 feet by 16 feet in area, with 8 feet by 16 feet being utilized as a potting shed and an 8 foot by 16 foot covered porch. The accessory building will be located just behind the 20 foot front platted building line along Centerwood Road. It will be located three (3) feet to 7.5 feet back from the west side property line. The accessory building will be constructed of stone veneer on a slab foundation. It will have a low-pitched hip roof. Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum front setback of 60 feet for accessory buildings in residential zoning. The north property line (along Centerwood Road) is considered a front property line, based on the platting of the lots. Therefore, the applicant is requesting a variance from this ordinance requirement to allow the proposed accessory building with a front setback of 20 to 22.5 feet. Staff is supportive of the requested variance. Staff views the request as reasonable. As noted previously, the north portion of this property has functioned as a rear yard area for a number of years. The proposed accessory building will be located behind the 20 foot platted building line, and will align with the existing houses to the west along Centerwood Road. Additionally, the proposed accessory building will have a low building profile, with very little of the structure being visible outside the fenced area. Staff believes the proposed accessory building with reduced front setback will have no adverse impact on the adjacent properties or the general area. JULY 25, 2011 ITEM NO.: A (CON'T.) D. Staff Recommendation: Staff recommends approval of the requested variance to allow a reduced front setback, subject to the following conditions: 1. Compliance with the Building Codes requirements, as noted in paragraph B. of the staff report. 2. The accessory structure must be constructed to match the existing residence (similar exterior materials and color). BOARD OF ADJUSTMENT: (JUNE 27, 2011) Staff noted that the applicant submitted a letter to staff on June 21, 2011 requesting the application be deferred to the July 25, 2011 agenda. The applicant had not completed notifications to surrounding property owners. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the July 25, 2011 agenda with a vote of 5 ayes, 0 nays and 0 absent. BOARD OF ADJUSTMENT: (JULY 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 5 ayes, 0 nays and 0 absent. gfeary Lindsey Architects May 23, 2011 Dana Carney Little Rock Board of Adjustments Planning and Development 723 West Markham Little Rock, AR 72201 7e: Fox Residence 5300 Edgewood Rd. Little Rock, AR 72207 Please find attached our submittal to the Little Rock Board of Adjustments requesting a zoning variance with regard to the property at 5300 Edgewood Road. The owners plan to remove an existing swimming pool at the northernmost end of their property, returning the majority of their rear yard to lawn, landscaping and patio space. They would also like to build a new potting shed with attached sitting porch in the rear yard area as well. Because the lot is situated between Centerwood and Edgewood Roads (with Harrison Street to the east), the required setbacks are 60' from the north and south property lines. We are asking for a reduced front yard setback from the Centerwood side to allow the new 16' by 16' structure to be located 20' from the north property line (maintaining an existing platted building line) and 3' from the side property line to the west. This structure will be a one story shed constructed of stone veneer on a slab with electrical service and water but no HVAC or kitchen. If you have any questions or need further information please feel free to contact me. As always, we appreciate your serious consideration of our request. Sincerely, 0 Ellen Year 3416 Old Cantrell Road Little Rock, Arkansas 72202 501-372-5940 Fax: 501-663-0043 JULY 25, 2011 ITEM NO.: B File No.: Z-8672 Owner: Golden Eagle of Arkansas, Inc. Applicant: Gary Dean Address: 1900 E. 15th Street Description: Northeast Corner of E. 15th Street and Reyburn Avenue Zoned: 1-3 Variance Requested: A variance is requested from the area provisions of Section 36-321 to allow construction of a new building with reduced front setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Golden Eagle Distribution/Truck Facilities Proposed Use of Property: Golden Eagle Distribution/Truck Facilities, with the addition of a vehicle maintenance building STAFF REPORT A. Public Works Issues: No Comments B. Landscape and Buffer Issues: No Issues C. Staff Analysis: The 1-3 zoned property at 1900 E. 15th Street is occupied by The Golden Eagle facilities, a beverage distributorship. The property is located at the northeast corner of E. 15th Street and Reyburn Avenue. Railroad right-of-way is located along the north and east property lines. A large office -warehouse building is located within the east half of the property. Paved parking for large delivery trucks is located within the west portion of the property. A truck wash building and fuel pump area are located near the northwest corner of the property. Access drives are located from E. 15th Street, near the center of the property, and from Reyburn Avenue, near the northwest corner of the property. An access drive into the warehouse building is located from E. 15th Street, near the southwest corner of the property. Paved parking for passenger vehicles is located on the west side of the office -warehouse building. JULY 25, 2011 ITEM NO.: B (CON'T.) The applicant is proposing to construct a new truck maintenance building near the southwest corner of the property, as noted on the attached site plan. The proposed one-story building will be 70 feet by 160 feet in area. It will be located 23'-3" from the front (south) property line and 30 feet from the west side property line. It will be located approximately 100 feet from the rear (north) property line. The project will also include a new access drive from Reyburn Avenue. This access will only be for trucks exiting the maintenance building, or an occasional truck which will drop-off parts. Section 36-321(e)(1) of the City's Zoning Ordinance requires a minimum front setback of 50 feet for buildings in 1-3 zoning. Therefore, the applicant is requesting a variance to allow the proposed maintenance building with a reduced front setback. Staff is supportive of the requested setback variance. Staff views the request as reasonable. The applicant is locating the new maintenance building on a developed property where it will not interfere with existing truck maneuvering areas. The proposed front setback will not be out of character with other buildings located along the E. 15th Street frontage. The existing buildings to the east have front setbacks ranging from zero (0) to 16-7". Additionally the existing building across Reyburn Avenue to the west has a similar front setback as proposed by the applicant. Other buildings along the south side of E. 15th Street have front setbacks of less than 50 feet. Staff believes the addition of a new building to an existing industrial facility which is very well maintained will have no adverse impact on the adjacent properties or the general area. This application was deferred from the June 27, 2011 agenda to allow the applicant time to meet with Public Works to discuss/review the project. The two (2) parties have met and Public Works supports the plan as presented. D. Staff Recommendation: Staff recommends approval of the requested front setback variance as filed. BOARD OF ADJUSTMENT: (JUNE 27, 2011) Staff noted that on June 14, 2011 the applicant requested deferral of this application to the July 25, 2011 agenda. The applicant needed to meet with Public Works representatives to work out issues related to vehicular access and circulation. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the July 25, 2011 agenda with a vote of 5 ayes, 0 nays and 0 absent. JULY 25, 2011 ITEM NO.: B (CON'T.) BOARD OF ADJUSTMENT: (JULY 25, 2011) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The item was placed on the Consent Agenda and approved, as recommended by staff with a vote of 5 ayes, 0 nays and 0 absent. W I L L I 44 M 5 & D E Ze N A 5 5 0 C I& T E D May 24, 2011 Monte Moore City of Little Rock Neighborhoods and Planning 723 West Markham Little Rock, Ar. 72201 RE: Golden Eagle of Arkansas Reduced Front Setback Mr. Moore, R. C H I T E C T 5, I N C. Please find attached six copies of the site plan for the above referenced property along with the Application for Zoning Variance. This property is located along the north side of the 1900 block of East Fifteenth Street. This property contains approximately 5.23 acres. The property is currently zoned 1-3. Golden Eagle would like to build a vehicle maintenance facility on the southwest corner of the property. Existing fixed improvements on the site do not allow adequate area to develop the needed facility within the 1-3 front yard setback requirement. Therefore, a variance from the 50' setback requirement is requested. Please note that the setbacks of all other structures on this property are less than what is currently requested. Please place this item on the next Board of Adjustment meeting agenda. Please contact me if you have any questions or require further documentation. Sincerely, A Gary D an, AIA E I G H T E E N CORPORATE HILL DRIVE LITTLE ROCK, AR 72205 501.224.1900 FAX 501.224,0873 WWW.WILLIAMSDEAN. COM JULY 25, 2011 ITEM NO.: C File No.: Z-8673 Owner/Applicant: Diana Thomas Address: 9412 Crofton Drive Description: West side of Crofton Drive, South of Tedburn Drive Zoned: R-2 Variance Requested: A variance is requested from the sign provisions of Section 36-551 to allow a sign which exceeds the maximum sign area 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: Public Works does not support the sign being located within the public right-of- way in this residential neighborhood. B. Staff Analysis: The R-2 zoned property at 9412 Crofton Drive is occupied by a one-story brick and frame single family residence. There is a one -car wide driveway from Crofton Drive at the southeast corner of the property. The applicant recently placed a ground -mounted sign in the front yard of the residence advertising "Arkansas Real Estate Professionals.Com". The sign is located within a landscaped area on the north side of the driveway. The sign is 4 feet — 5 inches tall, with four (4) square feet (two(2) feet by two (2) feet) of sign area. The sign is located approximately seven (7) inches back from the curb edge of Crofton Drive. The applicant notes that the sign is required by the Arkansas Real Estate Commission because she is a licensed broker. Section 36-551 of the City's Zoning Ordinance allows a maximum sign area of one (1) square foot for signs in single family residential zones. This section also allows said signs to only contain the name and address of the occupant; no commercial message(s). Therefore, the applicant is requesting a variance to allow the larger sign at her residence. Staff does not support the requested variance. Staff feels that the proposed sign is too large for a residential lot, and does not meet the intent of the ordinance in JULY 25, 2011 ITEM NO.: C (CON'T.) allowing some signage in residential zones. This sign containing commercial advertising is out of character with the neighborhood. The applicant notes that the Arkansas Real Estate Commission requires a real estate broker to have a sign at the place of business. Staff checked with the City Collector's office and found that the applicant does not have a home occupation permit to operate a business from this residence. Additionally, the sign is located entirely in the public right-of-way of Crofton Drive, only seven (7) inches inside the edge of curb. Public Works does not support the sign being located within the right-of-way. If the applicant were to obtain a home occupation permit, staff could support a one (1) square foot sign containing the name of her company, located on or next to the front door of the residence. Staff believes the sign is too commercial in nature, and fails to maintain the residential character of the single family property and the neighborhood in general. C. Staff Recommendation: Staff recommends denial of the requested sign variance. BOARD OF ADJUSTMENT: (JUNE 27, 2011) Staff noted that the applicant submitted a letter to staff on June 16, 2011 requesting the application be deferred to the July 25, 2011 agenda. The applicant was not able to attend the June 27, 2011 meeting and had not completed notifications to surrounding property owners. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the July 25, 2011 agenda with a vote of 5 ayes, 0 nays and 0 absent. BOARD OF ADJUSTMENT: (JULY 25, 2011) Staff informed the Board that the application needed to be deferred to the August 29, 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 August 29, 2011 agenda with a vote of 5 ayes, 0 nays and 0 absent. Se Habla Espanol Arkans Real Estate Professionals.corn Homes Land Commercial Property Management May 23, 2011 Board of Adjustment Members Attn: Monty Moore 723 West Markham Little Rock, AR 72201 �O 9f 01-11399 Ria: 2' X 2' Realty Sign at 941.2 Crofton Drive, Little Rock, AR 72209 To whom it may concern: '�. 73 My name is Diana Thomas and. I have been a Southwest Little Rock property owner since 1997 and the former elected Neighborhood Association President for the West Baseline Neighborhood Association. I am respectfully submitting this letter of request for my realty sign to be approved by the Board of Adjustments to permit my sign to continue to hang in my front yard. Please review the following precautions I have taken to ensure the sign is a benefit and not a nuisance of any kind for the neighborhood: 1. 1 am an independent Broker. 1 do not have any realtors signed with my company. I still work a job with Hewlett Packard in the Contracts department; therefore there is no traffic to my home or the neighborhood. 2. It is a requirement by the state of Arkansas Real Estate Commission. that a sign be placed atthe place of business in order to be a licensed Broker. 3. 1 had the sign professionally made by Fast Signs to ensure it is appealing and professional, (Please see attached photo) 4. 1 hired a landscaping company to construct flower beds with mulch and flowers to put around the sign for curb appeal and since I am an active participant in the community for city beautiful and neighborhood clean ups I try to keep my yard manicured. (Please see attached photo) The sign itself is 2' X 2' I was unaware that the zoning ordinance is P X I' (my current sign is only an increase of I.'). The arm post that it hangs on is 4'5" tall. Most of my long time neighbors love the sign and have complimented me on it and one of my neighbors actually helped to install it.Please allow my sign to continue to be displayed. I am an advocate for neighborhood beautification and responsibility "one neighbor to another". If you need any additional -information or wish to speak with me please don't hesitate to contact me at 501-960-7390, e _._ JULY 25, 2011 ITEM NO.: D File No.: Z-8674 Owner: 207 W. 3rd Street Development, LLC Applicant: Jeff Horton Address: South side of W. 3rd Street, between Center and Louisiana Streets Description: Lots 1, 2, 11, 12 and part of Lot 10, Block 83, Original City of Little Rock Zoned: UU Variance Requested: Variances are requested from the development provisions of Section 36-342.1, the parking design provisions of Section 36-511 and the buffer provisions of Section 36-522 in association with proposed construction of a 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: 1. The UU District requires street trees along all three street perimeters for the UU District requirements. 2. The zoning buffer ordinance requires a nine foot wide (9'-0") street buffer along all three street property lines. 3. The landscape ordinance requires a nine foot wide (9'-0") perimeter landscape strip. A variance from the City Beautiful Commission is required prior to the issuance of a building permit. 4. Eight percent (8%) of the interior of the parking lot must be green space. Currently, this proposal doesn't meet this minimal ordinance requirement. A variance from the City Beautiful Commission is required prior to the issuance of a building permit. 5. Building landscaping is required between the parking lot and the building. Currently, this proposal doesn't meet this minimal ordinance requirement. JULY 25, 2011 ITEM NO.: D (CON'T.) A variance from the City Beautiful Commission is required prior to the issuance of a building permit. C. Staff Analysis: The UU zoned property along the south side of W. 3rd Street, between Center and Louisiana Streets, is currently vacant with some site work taking place. The area is mostly gravel covered. The property is enclosed with a chain-link construction fence. A north/south alley right-of-way which runs through the block bisects the property. 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 the Hatcher Agency, which is located in the office building within the southeast portion of this block, and Vratsinas Construction Company, which is located in the office building across W. 3rd Street to the north. The proposed parking lot on the west side of the alley will contain 40 paved parking spaces, with the lot on the east side of the alley containing 48 spaces. The lots will be enclosed with six (6) foot high iron fencing, with masonry columns. Vehicle entry gates (rolling gates) for each lot will be located along the alley right-of-way. Two (2) ground signs for the Hatcher Agency will be incorporated into the fence construction for the lot on the east of the alley. The signs will be located at the northeast and northwest corners of the lot. Each sign will be brick wall construction, with a height of approximately six (6) feet. The sign on each brick section will be approximately 22 square feet in area. The lot on the west side of the alley will contain no signage. The applicant is requesting several variances in conjunction with the proposed new 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 providing street trees with this project, however, existing utility lines will prohibit the planting of three (3) of the required trees around the perimeter of the lot west of the alley. One (1) street tree at the northeast corner of the lot and two (2) street trees at the southwest corner of the lot will not be allowed due to existing utility lines. 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." The property owners are requesting the new JULY 25, 2011 ITEM NO.: D (CON'T.) 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 Street right-of-way. The next requested variance is from Section 36-342.1 (c )(11). This section prohibits ground -mounted signs in the UU zoning district, except as approved by the Board of Adjustment. The applicant is requesting the two (2) ground -mounted signs as part of the fence construction for the lot east of the alley. These signs will be located on the lot adjacent to the Hatcher Agency office building and will aid in identifying the facilities. The next requested variance is from the parking design standards of Section 36- 511. This section requires right angle parking spaces to have a width of nine (9) feet and a minimum depth of 20 feet. The applicant is proposing parking stall depths of 18 feet for the spaces on both lots. The spaces within the lot west of the alley are proposed with widths of 8.5 feet. The spaces within the lot east of the alley will be nine (9) feet wide. The final requested variance is from the street buffer provisions of Section 36- 522(b)(3)b. This section requires a minimum street buffer width of nine (9) feet. The proposed plan provides a six (6) foot wide street buffer along W. 3rd Street for the lot west of the alley, and a street buffer width of eight (8) feet along W. 3rd Street for the lot east of the alley. The proposed street buffers along Center and Louisiana Streets will be nine (9) feet in width. Staff is supportive of the requested variances from the UU zoning district development standards, as well as the parking design and buffer variances. Staff views the request as reasonable. Existing paved surface parking lots are located across W. 3r Street to the north. The Board of Adjustment recently approved variances from the UU district standards for a future parking lot directly across Center Street to the west. Staff feels the proposed parking lot will be a quality addition to the area. The lot will be landscaped with a decorative iron fence with masonry columns. The proposed lot will be similar in size to other surface parking lots in this general area which contain little or no landscaping and street trees. Staff believes the proposed parking lot will have no adverse impact on the adjacent properties or the general area. The applicant will also need to apply to the City Beautiful Commission for variances related to building and interior landscaping. D. Staff Recommendation: Staff recommends approval of the requested variances from the UU zoning district development standards, and the parking design and buffer 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. JULY 25, 2011 ITEM NO.: D (CON'T.) BOARD OF ADJUSTMENT: (JUNE 27, 2011) Staff informed the Board that the application needed to be deferred to the July 25, 2011 agenda based on the fact that notices to surrounding property owners were not correct/complete. Staff noted that the applicant's list of surrounding property owners obtained from an abstract company did not include all of the owners within 200 feet of the entire site. The item was placed on the Consent Agenda and deferred to the July 25, 2011 agenda with a vote of 5 ayes, 0 nays and 0 absent. BOARD OF ADJUSTMENT: (JULY 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 5 ayes, 0 nays and 0 absent. May 24, 2011 iPs' Mr. Monte Moore City of Little Rock Dept. of Planning and Development 723 West Markham Street Little Rock, AR 72201 Re: Variance Application for the property located on the South side of 3'd Street between Center Street & Louisiana Street Dear Monte: On behave of our client, Haitham Alley and Greg Hatcher; we are submitting the attached design for a new surface parking lot located on the South side of 3`d Street between Center Street & Louisiana Street. We are requesting a variance for the following: 1. The client wishes to have a surface parking lot for their employee. Haitham Alley's business, VCC Construction is located at 216 Louisiana Street directly across 3'd Street from the proposed parking lot. Greg Hatcher's business, The Hatcher Agency is located adjacent to the proposed parking lot at 310 Louisiana Street. The parking lot would be located between an existing building to the south and 3`d Street to the north. Because the UU zoning ordinance and the location of the proposed parking lot, we are requesting a variance. 2. The clients would like to have two surface mounted ground signs that are designed into the proposed brick and wrought iron fence which would be located at the perimeter of the proposed parking lot. One sign would be located at the corner of 3`d Street and Louisiana Street and the other sign would be located at 3`d Street and the alley. Both signs would be built on a diagonal to minimize disruption of sight lines at the intersections. We have attached a proposed design for the signs. Both signs would be identical. 3. The clients wish to provide 40 spaces on the proposed parking area to the west of the alley. This will require us to reduce the required street buffer along 3'd Street from 6'-9" to 4'-0". We will also need to decrease the parking space width from 9'-0" to 8'-6" for all spaces on the parking area to the west of the alley except for the required handicap spaces. The ordinance states that up to 20% of the spaces can be compact parking spaces; however, we propose a total of 38. herron horton an cr hs,"a- t 1219 South Spring St. Little Rock, AR 72202 Phone 501.975.0052 Fax 501.372.7931 hh-architects.com 4. We are proposing a reduced parking space depth of 18'-0" and increasing the maneuvering area to 22'-0". 5. We are proposing a two-story addition on the south corner of the existing Hatcher Agency building located at 310 Louisiana. The addition would be steel construction with brick veneer to match the existing building. The propose footprint of the building would be approx. 70' x 28'. The height of the proposed building would match the height of the existing building at the alley. The ground floor would be used as an enclosed garage with (3) 18' wide overhead doors to store the owner's company vehicles. The second floor would be used for additional office space. Please call us if there are any questions. Sincerely, Jeff Horton, AIA, LEER AP herron horton arch."k-acts mts 1219 South Spring St. Little Rock, AR 72202 Phone 501.975.0052 Fax 501.372.7931 hh-architects.com JULY 25, 2011 ITEM NO.: 1 File No.: Z -4948-A Owner: George and Cynthia Bequette Applicant: Cindy Bequette Address: 5525 N. Grandview Road Description: Lot 59, Grandview 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 a carport/porch addition with reduced side 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. Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5) feet if they have properly constructed fire walls which provide the requisite one (1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line, and are prohibited when the exterior wall is less than three (3) feet from the line. There is no restriction on openings when the exterior wall is more than three (3) feet form the property line. Contact the City of Little Rock Building Codes at 371-4832 for additional details. JULY 25, 2011 ITEM NO.: 1 (CON'T.) C. Staff Analysis: The R-2 zoned property at 5525 N. Grandview Road is occupied by a one-story frame single family residence. The property is located on the south side of N. Grandview Road, east of N. Taylor Street. There is a two -car wide driveway at the northeast corner of the property, with a parking pad in the front yard area. The lot contains a 30 foot front platted building line. The applicant is proposing to construct a one-story porch/carport addition to the front (north) of the residence, as noted on the attached site plan. The carport portion of the addition will be located 25 feet back from the front (north) property line, with the porch portion being 30.5 feet to 32 feet from the front property line. A side setback (east side) of 3.5 feet is proposed for the addition. The proposed porch/carport addition will be unenclosed on its north and east sides. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of six (6) 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 building addition with reduced side setback and which crosses a front platted building line. Staff is supportive of the requested variances. Staff views the request as reasonable. The proposed front setback is not out of character with the neighborhood. Other homes along the south side of N. Grandview Road to the east have similar front building setbacks. The residence immediately to the west is located closer than 25 feet (side yard relation) to the N. Grandview Road property line. Additionally, the slight curvature to N. Grandview Road at this location will aid in the residence (after addition) aligning with the other homes to the east. Staff believes the proposed porch/carport addition will have no adverse impact on the adjacent properties or the general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the addition. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. D. Staff Recommendation: Staff recommends approval of the requested setback and building line variances, subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. 2. The building addition must be constructed to match the existing residence. 3. Compliance with the Building Codes requirements as noted in paragraph B. of the Staff report. 4. The porch/carport addition must remain unenclosed on its north and east sides. JULY 25, 2011 ITEM NO.: 1 (CON'T.) BOARD OF ADJUSTMENT: (JULY 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 5 ayes, 0 nays and 0 absent. June 18, 2011 Monte Moore Little Rock Department of Planning & Development City of Little Rock 723 West Markham Street Little Rock, AR 72201 Re: Jay and Cindy Bequette 5525 N Grandview Little Rock, AR 72207 'e+'L--- u.., '~ q' Mr. Moore: We are requesting a building variance for our residence at 5525 N. Grandview to build an attached open carport on the north side and an open covered walk on the east side of our home. We have a 30' front yard building setback on the north side of our home that faces Grandview. Our lot is 76' wide at that front yard building setback line which gives us a 7'-6" side yard building setback. A short length of our home has an existing wall built 6'-0" from our east property line. We are proposing to build our open carport and walkway to within 26'-0" from our north property line and 3'-6" of our east property line. Our home does not have covered parking now and we would like to be able to park our two vehicles under a roof and to be able to enter our home under cover. This is the only area on our lot that gives us an opportunity to achieve these goals. Please refer to the attached survey, which shows all existing and proposed additions to the property. Should you have any questions, please feel free to contact me at home at 666-8766. Thank you for your consideration, i Jj Bequette Cindy Bequette JULY 25, 2011 ITEM NO.: 2 File No.: Owner: Applicant: Address: Description: Zoned: Z -7616-A Arkansas Foundation for Medical Care Jonathan M. Fuchs 1020 W. 4th Street Northeast Corner of W. 4th and Ringo Streets UU Variance Requested: A variance is requested from the development (sign) provisions of Section 36-342.1 to allow placement of ground -mounted signs. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Office and Parking Proposed Use of Property: Office and Parking STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The UU zoned property at 1020 W. 4th Street is occupied by a multi -story office building, located at the northeast corner of W. 4th and Ringo Streets. Paved parking lots are located on the north side of the building and at the northeast corner of the building. Nonconforming gravel parking is located on the east side of the building. There is also a paved parking lot across Ringo Street to the west which serves this building. Driveways which access the parking areas are located along W. 4th, Ringo, W. 3rd and Chester Streets. A paved driveway runs along the east side of the building. The paved parking area at the northeast corner of the building contains two (2) informational signs ("AFMC building parking only"). The signs are approximately six (6) feet in height and six (6) square feet in area. There is also a similar sign frame located along the east side of the building. These informational signs have existed on the property for some time. The applicant is proposing to place two (2) additional ground signs on the property. A monument style sign is proposed within the existing landscaped area at the southwest corner of the building. This sign will be six (6) feet in height, with an area of 18 square feet. The applicant is also proposing to place an informational sign ("No Parking") along the east side of the building. This informational sign will JULY 25, 2011 ITEM NO.: 2 (CON'T.) be eight (8) feet in height and six (6) square feet in area. It will be intended to prevent parking within the non -paved area at the southeast corner of the block. Section 36-342.1(c )(11) of the City's Zoning Ordinance allows ground -mounted signs in the UU zoning district only if approved by the Board of Adjustment. Other signs are allowed as per Section 36-553(signs allowed in office zoning). Therefore, the applicant is requesting a variance to allow the two (2) ground - mounted signs as proposed. Staff supports the requested variance to allow the monument style sign at the southwest corner of the building and the informational sign ("No Parking"), if the informational sign is no taller than six (6) feet. Six (6) feet is the maximum sign height allowed in office zoning. Staff believes the signage as proposed (with slight modification) is appropriate for this large site and will not be out of character with other ground signs in the area. The property encompasses almost an entire block, and the signs as proposed will aid in identifying the building and regulating parking within the block. Staff believes the proposed signs will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested variance to allow two (2) ground signs, subject to the following conditions: 1. There are to be no additional ground signs placed on the property in the future. 2. The ground signs must be located at least five (5) feet back from any property line. 3. The informational sign ("No Parking") must not exceed a height of six (6) feet. BOARD OF ADJUSTMENT: (JULY 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 5 ayes, 0 nays and 0 absent. e '4:e Arkansas Foundation for Medical Care" wwww.afmc.org June 28, 2011 Little Rock Board of Adjustment Department of Planning & Adjustment 723 West Markham Little Rock AR To Whom It May Concern: The Arkansas Foundation for Medical Care (AFMC) requests a variance from the requirements of the Zoning Ordinance as outlined on the attached application. On February 15, 2011, AFMC relocated the Little Rock corporate office from 401 W Capitol Suite 450 to 1020 West 4th Street. The AFMC office building (formerly known as the Comcast building) houses the AFMC corporate office, Brent Stevenson Associates (suite 400), and the Office of the State Land Commissioner (5th floor). One of the requirements of the official lease with the commissioner is outdoor signage visible from the street. Because the building exterior is composed mainly of glass, we request permission to erect a Vista Light Pylon sign on the property at 4th and Ringo. This area was selected for visibility from traffic intersections and parking areas. We are also requesting permission to erect a "no parking" sign on the grass and gravel area in front of the building between 4th and Chester. This area was graveled during construction on the building but we want to prevent parking except on paved lots (4th & Ringo and 3rd & Chester). We have plans to develop this area in the future. We appreciate your attention to our request. Respectfully submitted, Jonathan M. Fuchs, FACHE Chief Operating Officer Arkansas Foundation for Medical Care 1020 West 4th Street, Suite 300 0 Little Rock, AR 72201 0 501.212.8600 JULY 25, 2011 ITEM NO.: 3 File No.: Z-8677 Owner: Mount Pleasant Missionary Baptist Church Applicant: Al Williams Address: 1400 S. Ringo Street Description: Southwest corner of S. Ringo Street and Daisy Bates Drive Zoned: C-3 Variance Requested: Variances are requested from the area provisions of Section 36- 301 to allow a porte cochere addition with reduced front and street side setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Church Proposed Use of Property: Church STAFF REPORT A. Public Works Issues: No Comments B. Buffer and Landscape Issues: No Issues C. Staff Analysis: The C-3 zoned property at 1400 S. Ringo Street is occupied by a one-story church building located at the southwest corner of S. Ringo Street and Daisy Bates Drive. A paved alley runs along the west side of the church, with a paved parking lot on the west side of the alley. Mt. Pleasant Missionary Baptist Church owns the entire block, with the exception of the cleaners located at the southeast corner of the block. The church also has paved parking across S. Ringo Street to the east. The church is proposing to construct a 24'-7" by 69'-7" porte cochere addition at the northeast corner of the church building, as noted on the attached site plan. The proposed porte cochere will be located 22.5 feet back from the north property line and on the east property line, approximately 14.5 feet back from the S. Ringo Street curb line. The proposed porte cochere will have a metal roof with masonry columns, and under canopy lighting. It will be butted up against the existing church JULY 25, 2011 ITEM NO.: 3 (CON'T.) building. A new circular driveway is proposed as part of the porte cochere project. A concrete plaza area will be located under the porte cochere on the north side of the circular driveway. The proposed structure will be unenclosed on its north, south and east sides. The church originally planned to locate the porte cochere on the west side of the building, over the alley right-of-way (after abandonment), but existing utility lines prohibited the addition. Section 36-301(e)(1) and (2) of the City's Zoning Ordinance require minimum 25 foot front and street side setbacks for C-3 zoned property. Therefore, the applicant is requesting variances to allow the proposed porte cochere with reduced setbacks from street property lines. Staff is supportive of the requested variances. Staff views the request as reasonable. The applicant has worked with the Public Works Department in designing and location of the proposed porte cochere and location of the new circular driveway. The church is in need of covered drop-off/pick-up area, and with the location of the entry to the church and the utility issues on the west side of the building, this is the most appropriate location for a porte cochere. This block of S. Ringo Street, between Daisy Bates Drive and W. 15th Street is more commercial in nature, with the church owned property, parking and cleaners. The cleaners building to the south has a similar setback from the S. Ringo Street property line, as it is an old neighborhood commercial building located on the front property line. Staff believes the proposed porte cochere will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested setback variances, subject to the porte cochere remaining unenclosed on its north, south and east sides. BOARD OF ADJUSTMENT: (JULY 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 5 ayes, 0 nays and 0 absent. 7_4 Mt. Pleasant Missionary Baptist Church -7 ��56� -7 - -7 1 7- 400 South Ringo Street Little Rock, AR 72202 5013724717 June, 24,2011 Mr. Monte Moore City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 RE: A Non -Residential Zoning Variance WIMMIM The Mt. Pleasant Missionary Baptist Church is requesting your approval to construct and add a Porte Cochere (a permanent overhead canopy) to the east side of our main building which is located at the corner Daisy Gaston Bates Drive and Ringo Street. The physical address is 1400 South Ringo Street. We are submitting an application for a zoning variance with the required documents. We own all lots in block 282 except lot #7 and a very small portion of lot #8. Your consideration is greatly appreciated. Respectfully Al Williams - Project Manger Mt. Pleasant Missionary Baptist Church Attn: Al Williams 1400 S. Ringo Street Little Rock, AR 72202 alwmsl@sbcglobal.net 501664 7328 H 501 517 4778 C JULY 25, 2011 ITEM NO.: 4 File No.: Z-8678 Owner: JAJ Holdings Applicant: Jordan Johnson Address: 5718 N. Country Club Blvd. Description: Lot 54, Forest Heights Place Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a garage extension with a reduced side 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. Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5) feet if they have properly constructed fire walls which provide the requisite one (1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line, and are prohibited when the exterior wall is less than three (3) feet from the line. There is no restriction on openings when the exterior wall is more than three (3) feet form the property line. Contact the City of Little Rock Building Codes at 371-4832 for additional details. JULY 25, 2011 ITEM NO.: 4 (CON'T ) C. Staff Analysis: The R-2 zoned property at 5718 N. Country Club Blvd. is occupied by a one-story frame single family residence which is in the process of being remodeled. The property is located on the north side of N. Country Club Blvd., east of N. Pierce Street. A one -car wide driveway is located at the southwest corner of the property. The driveway leads to a single car garage at the southwest corner of the residence. The lot contains a 25 foot front platted building line. The existing residence is located 26.6 feet back from the front (south) property line. As part of the remodeling project, the applicant proposes to extend the width of the existing garage by four (4) feet, as noted on the attached site plan. The proposed addition will be four (4) feet by 22 feet in area. It will maintain the existing 26.6 foot front setback. The addition will be located 3.5 feet back from the west side property line. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of six (6) feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the garage extension with a side setback of 3.5 feet. Staff is supportive of the requested variance. Staff views the request as reasonable. The proposed side setback for the garage extension will not be out of character with other side setbacks within this neighborhood. The residence immediately to the west is located eight (8) feet to 16 feet back from the dividing side property line, adjacent to the proposed addition. Therefore, adequate separation will exist between the two (2) residences. Staff believes the reduced side setback associated with the proposed garage extension will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested side setback variance, subject to the following conditions: 1. Compliance with the Building Codes requirements, as noted in paragraph B. of the staff report. 2. The addition must be constructed to match the existing residence. BOARD OF ADJUSTMENT: (JULY 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 5 ayes, 0 nays and 0 absent. 6k June 28, 2011 To Whom It May Concern: My wife, Angie, and I are renovating the original two-bedroom, one bath single- family home at 5718 North Country Club Boulevard, which is Lot 54 in Forest Heights Place. In an attempt to preserve the original integrity of the circa 1940's house, we are requesting a variance to this property for the purpose of widening the small garage to a standard single car garage. Currently, a reasonably sized vehicle cannot enter the small garage. We would like to extend the western wall of the garage an additional 4 feet in width so that it can accommodate one reasonably - sized vehicle, which would allow the vehicle to park inside the garage and the occupants to enter and exit the vehicle. If granted, this variance would not extend to the existing property line and would still provide over 3.5 feet of space from the garage's outer wall to the western -most property line. Furthermore, the structure of the home will be preserved, while allowing for a single -car garage, which was the original intent of this home. Thank you for your consideration. S�ce-re'ly, Jordan Johnson_ JULY 25, 2011 ITEM NO.: 5 File No.: Z-8679 Owner: Mark and Tina Rushing Applicant: Mark Rushing Address: 4709 Kavanaugh Blvd. Description: Lot 2 and part of Lot 1, Block 5, McGehee Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a room addition with a reduced side 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. Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5) feet if they have properly constructed fire walls which provide the requisite one (1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line, and are prohibited when the exterior wall is less than three (3) feet from the line. There is no restriction on openings when the exterior wall is more than three (3) feet form the property line. Contact the City of Little Rock Building Codes at 371-4832 for additional details. JULY 25, 2011 ITEM NO.: 5 (CON'T ) C. Staff Analysis: The R-2 zoned property at 4709 Kavanaugh Blvd. is occupied by a two-story brick and frame single family residence. The property is located on the west side of Kavanaugh Blvd., between "P" and "O" Streets. A one -car wide driveway is located at the southeast corner of the property. The driveway extends along the south side of the residence to a one-story detached garage structure at the southwest corner of the property. The north wall of the existing residence is located 0.8 foot to one (1) foot back from the north side property line. The applicant proposes to remove a small laundry room/covered porch at the northwest corner of the residence and replace it with a new laundry room addition, as noted on the attached site plan. The existing laundry room is 4.5 feet deep and 11.5 feet wide. The new proposed addition is 11 feet deep and 11.5 feet wide. The proposed addition will maintain the existing one (1) foot setback from the north side property line. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum six (6) foot side setback for this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the laundry room addition with a reduced side setback from the north side property line. Staff is supportive of the requested side setback variance. Staff views the request as reasonable. The proposed laundry room addition will maintain essentially the same foot print and side setback as the existing laundry room/covered porch. Additionally, adequate separation will exist between the proposed addition and the residence immediately to the north. The residence to the north is located approximately 10 feet back from the dividing side property line, with a driveway on the south side of the adjacent residence which separates the two (2) structures. Staff believes the requested side setback associated with the proposed building addition will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested side setback variance, subject to the following conditions: 1. Compliance with the Building Codes requirements as noted in paragraph B. of the Staff report. 2. The addition must be constructed to match the existing residence. 3. Any overhang must not extend across the side property line. 4. Guttering must be provided, if needed, to prevent water run-off from the proposed addition onto the property to the north. JULY 25, 2011 ITEM NO 5 (CON'T.) BOARD OF ADJUSTMENT: (JULY 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 5 ayes, 0 nays and 0 absent. Monte Moore Department of Planning & Development 723 West Markham Street _ Little Rock, Arkansas 72201-1334 Tuesday, June 28, 2011 Mr. Moore: In the process of updating the kitchen of my prime residence, it has come to my attention (thanks to my general contractor, Bill Wrape, of Distinctive Kitchens & Baths) that a small, former "covered porch" type of room connected to the kitchen is in bad repair and replacement is warranted. Because the home was built in the late 20s/early 30s, this back room was probably originally nothing more than a porch, but over the years was made into a laundry room (and even houses our refrigerator because the kitchen is too small — but that's another story). To allow enough room to add a few modern conveniences like a folding/ironing area for clothes, a place to put on/remove shoes when entering the home, and to move the water heater inside (it's currently outside!), we're hoping to add slightly to the length of this room. Mr. Wrape says because our house and the room in question all lie on the property line, we must apply for a residential zoning variance and gain approval before removing the old delapadated walls and replacing with a new, slightly larger room. We're proposing leaving the wall on the property line where it is — right in line with the rest of our house, fences, etc. Currently, the wall is an eyesore, is in danger of crumbling away in the next few years, and stops short of enclosing our water heater. The proposed project would be more appealing from both sides of the fence and would enclose the water heater inside the house. The proposed project would not impede the neighbors access to anything as again, the proposed design doesn't change the placement of the existing wall, it would continue on the same line where it's always been — it would simply be a new wall (as a part of the new room) that would extend a few more feet (taking the place of a decaying portion of wall where the water heater is stored). The variance would allow us to restore and enhance this portion to match the condition of the rest of the home. If photos of the existing structure would help in anyway, I can bring those to the next Board of Adjustment meeting on July 25. Thanks for your consideration, Mark and Tiina Rushing 4709 Kavanaugh Blvd Little Rock, Arkansas 72207 JULY 25, 2011 ITEM NO.: 6 File No.: Z-8680 Owner/Applicant: Stormy Cubb Address: 9921-9925 Lanehart Road Description: Southeast corner of Lanehart Road and Honeysuckle Lane Zoned: R-2 Variance Requested: An administrative appeal is requested regarding the nonconforming use status of the buildings on the property. Justification: The applicant's justification is presented in an attached letter and separate packet of supporting documents. Present Use of Property: Single Family Residence and non-residential buildings Proposed Use of Property: Single Family Residence and commercial use for one (1) of the non-residential buildings. STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 9921-9925 Lanehart Road is occupied by a two-story brick, rock and frame single family residence and five (5) non-residential buildings. The buildings on the property are described as follows (use attached sketch for building number): Building 1 — single family residence (9925 Lanehart Road) Building 2 — one-story frame and metal structure Building 3 — one-story frame structure Building 4 — one-story metal structure (9923 Lanehart Road) Building 5 — one-story frame structure Building 6 — one-story metal structure (9921 Lanehart Road) According to planning staff records, Building 2 previously had a nonconforming zoning status of C-1, based on the fact that a ceramics shop (Ashmore Ceramics) occupied this building and used Buildings 3 and 5 for storage. The nonconforming status for these buildings was revoked, as the buildings have been vacant (no business) since at least 2006. Building 6 had a nonconforming status of 1-2, based on the fact that a pallet business occupied the building. The nonconforming status JULY 25, 2011 ITEM NO.: 6 (CON'T.) for this building was revoked on June 9, 2011, based on the fact that the building had been vacant (no business) for at least six (6) months. Staff has no record of a nonconforming status for Building 4. Sections 36-151 thru 36-153 of the City's Zoning Ordinance provide criteria for the regulation of nonconforming uses. A copy of these sections is provided for Board review as part of a separate packet of information. The property owner, Stormy Cubb, is appealing staff's determination that Building 6 (9921 Lanehart Road) has lost its nonconforming status. Ms. Cubb contends that Building 6 was occupied by the pallet business (King of Pallets) when she purchased the property in 2008/2009 until January, 2010. She notes that a construction business (J.L. Reed Construction) occupied the building from March, 2010 to December, 2010, and that a countertop business has occupied the building for all of 2011. Ms. Cubb has submitted supporting documents in an attempt to prove that the nonconforming status of Building 6 should still exist. The documents are provided for Board review as a separate packet of information. Ms. Cubb notes that Buildings 2, 3,4 and 5 have no nonconforming zoning status, based on the fact that no business has utilized the buildings for over six (6) months, and in some cases for several years. Ms. Cubb occupies Building 1 (9925 Lanehart Road) as her personal residence. Ms. Cubb has informed staff that it is her intention to file a PZD (Planned Zoning Development) rezoning for the entire property in the near future. The Board is asked to determine if the nonconforming zoning status of Building 6 (9921 Lanehart Road) should still be in effect, thereby allowing the countertop business to continue to occupy the structure. BOARD OF ADJUSTMENT: (JULY 25, 2011) Stormy Cubb was present, representing the application. There were no objectors present. Staff presented the application. Stormy Cubb addressed the Board in support of the application. She explained that she had been unable to obtain statements from Entergy showing where past tenants had occupied Building 6. Vice -Chairman Smith asked about the 2011 date on the 2009 business license of "King of Pallets". Ms. Cubb stated that it was the date when the copy of the license was printed by the City. Jeff Yates noted that it was the reprint date. Jeff Yates asked about the last tenant in the building prior to the current tenant. Ms. Cubb noted that it was J.L. Reed Construction, who occupied the building until March 2011. Vice -Chairman Smith asked about the lease agreement for the construction business. He noted that more information was needed to prove the nonconforming status. In response to a question, Ms. Cubb noted that Edwin Valencia was the current tenant. JULY 25, 2011 ITEM NO.: 6 (CON'T.) There was additional discussion regarding the information submitted by Ms. Cubb. Mr. Yates noted that more information was needed to determine the nonconforming status. He asked if deferring the application would cause Ms. Cubb a hardship. She indicated that it would not. There was a general discussion regarding changing nonconforming uses from one (1) to another. Chairman Winchester questioned staff on nonconforming procedural issues. Mr. Yates noted that he could support continuation of the nonconforming status of Building 6 if Ms. Cubb obtained a letter from the previous tenant stating the building was occupied after December, 2010. Rajesh Mehta asked Ms. Cubb when she planned on filing a PZD rezoning request for the entire property. Ms. Cubb noted that she hoped to file it in four (4) to six (6) months. There was a motion to defer the application to the August 29, 2011 Agenda. The motion passed by a vote of 5 ayes, 0 nays and 0 absent. The application was deferred. Stormy Cubb 9925 Lanehart Rd Little Rock, AR 72204 501-407-0601 skcubb@aol.com June 27, 2011 Department of Planning & Development City of Little Rock 723 West Markham Street 1st Floor Little Rock, AR 72201 To Whom It May Concern: The Non -Conforming C-1 status on the property located at 9921 Lanehart Road (a warehouse on the same parcel as 9925 Lanehart Rd) should still be existent because the property was never vacant over 6 months, HistoEy From 1998 to 2010 this property was classified and functioned under the R2 NC C1 status. From 1998 to 2006, the 9921 property operated as Ashmore's Ceramics Shop. Then in 2006, it was just used for their storage. During 2007 - 2009 GGRT LLC, the Arkansas Fence and Guardrail company, used both the warehouse and small building on Lanehart (labeled 9921 and 9923). They ran an office out of the 9923 building and use 9921 for warehousing and staging inventory. Also in 2007 Loves Adult Day Care operated out of the property labeled 9923 after GGRT moved their office. In May 2009 through September 2010 (dates given by the Treasury Management Division), King of Pallets used the 9921 for staging and prep. A copy of the 2009 Business License is enclosed. lin January of 2011, less than 6 months thereafter, Jeff Reed Construction, LLC became a tenant and left in March, 2011, Now I have a tenant that is using it for storage, but wants to run a Marble and Granite design business if he can get a business license for it. So I am making a formal request for you to allow the R2 NC C1 status to still be in existence on the 9921 Lanehart property for which it has been functioning as in the past years. Although, there have been breaks in the business licensing at this location, because of large companies not doing a change of address and smaller companies not following though on renewal, there have been no breaks in my leases larger than a 6 month timeframe to lose the R2 NC C1 status. Thank you for your consideration, stormy CO Enclosures JULY 25, 2011 ITEM NO.: 7 File No.: Business Owner: Applicant: Address: Description: Zoned: Stephen Norman, d/b/a Adam and Eve Michael Shannon, Quattlebaum, Grooms, Tull & Burrow 1510 S. University Avenue West side of University Avenue, south of W. 12th Street C-3 Variance Requested: An administrative appeal is requested, appealing the City's classification of a proposed business as a sexually oriented business. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Commercial — Adam and Eve Store STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: Stephen Norman recently submitted a business license application for a business called "Adam and Eve" to be located at 1510 S. University Avenue. The property is zoned C-3 and located on the west side of S. University Avenue, south of W. 12th Street. On July 1, 2011, the City of Little Rock denied the business license. The City determined that "Adam and Eve" is a sexually oriented business, as defined by Section 17-212 of the Code. The business license was denied based on the fact that the property at 1510 S. University is located within 750 feet from single family residential property and possibly a church. Section 17-214 prohibits a sexually oriented business from locating within 750 feet from certain uses. A copy of Chapter 17, Article VII, regulation of Sexually Oriented Businesses, is provided as a separate packet for Board review. The City Attorney will be present at the Board of Adjustment public hearing to present the City's interpretation and reasons for classifying "Adam and Eve" as a sexually oriented business. The applicant is appealing the City's classification of "Adam and Eve" as a sexually oriented business. The applicant contends that the business should not be classified as a sexually oriented business as defined by Chapter 17 of the Code. JULY 25, 2011 ITEM NO.: 7 (CON'T.) The applicant's letter requesting appeal is attached. Other supporting documents submitted by the applicant are provided as a separate packet for Board review. The Board of Adjustment is asked to determine if the City's classification of "Adam and Eve" as a sexually oriented business is a correct interpretation of the Code. ■ There are no maps/graphics associated with this item. BOARD OF ADJUSTMENT: (JULY 25, 2011) Michael Shannon was present, representing the application. There were no objectors present. Jeff Yates explained that it was his opinion that the issue at hand (definition of a sexually oriented business) was not within the jurisdiction of the Board of Adjustment, based on the fact it was an issue involving Chapter 17 of the Code and not Chapter 36. Michael Shannon addressed the Board, representing the appeal application. He explained that he thought the Board of Adjustment had the authority to deal with the issue because it had to do with a decision made by a member of the Planning Staff. Debra Weldon, City Attorney, explained that the issue at hand was a zoning issue, but not an issue from Chapter 36 of the Code, the chapter the Board of Adjustment is authorized to administer. Mr. Shannon noted that the Board's authority to only deal with Chapter 36 was too narrow. He explained that he was trying to exhaust all administrative remedies. Mr. Yates explained that the ordinance was very specific in granting authority to the Board of Adjustment. This issue was briefly discussed. There was a motion to dismiss the appeal application, due to lack of jurisdiction by the Board of Adjustment. The motion passed by a vote of 3 ayes, 2 nays and 0 absent. The application was dismissed. Quattlebaum, Grooms, Tull & Burrow A PROFESSIONAL LIMITED LIABILITY COMPANY 111 Center Street Suite 1900 Little Rock, Arkansas 72201 (501) 379-1700 • (501) 379-1701— Fax Michael N. Shannon mshannonQggtb.com Licensed in Arkansas, Missouri and Kansas June 28, 2011 City of Little Rock Board of Directors c/o Mr. Bruce Moore, City Manager City Hall, Room 203 500 West Markham Street Little Rock, AR 72201 Direct Dial 501-379-1716 Direct Fax 501-379.3816 Via Hand Delivery City of Little Rock Board of Zoning Adjustment Via Band Delivery c/o Mr. Dana Carney 723 West Markham Street Little Rock, AR 72201 Re: Appeal from denial of business license application of Stephen Norman, d/b/a Adam & Eve stores Dear Mr. Moore and Mr. Carney, We represent Stephen Norman in the above -referenced matter. Please accept this letter as notice of appeal from the City of Little Rock's denial of Stephen Norman's, d/b/a Adam & Eve stores, application for a business license. Our client, Mr. Norman, seeks to pursue his available legal rights and remedies in this matter and, accordingly, we hereby request a hearing at the earliest possible date before the appropriate body of the City, whether that is the Board of Directors or the Board of Zoning Adjustment. The factual circumstances underlying this matter are better set forth in a May 16, 2011, letter we sent on Mr. Norman's behalf to each of the City Directors, an example of which is enclosed for your reference. In sum, Mr. Norman requested a business license to open a franchise location of Adam & Eve stores, an upscale specialty boutique retailer. The City, through officials in its Zoning Department, has denied Mr. Norman's application for a business license on the ground that his store will constitute a "sexually oriented business" under § 17-211, et seq., of the City Code, and, therefore, violates the zoning ordinance at the intended location. After we sent the enclosed May 16, 2011 letter, Mr. Norman filed a renewed and clarified application for a business license on May 31, 2011. At this date, this application remains Mr. Bruce Moore Mr. Dana Carney June 28, 2011 Page 2 pending before the City's Zoning Department. Tom Carpenter instructed us via a June 27 email to Mike Shannon, however, to move forward with this notice of appeal in order to be put on the agenda for the July 25 meeting of the Board of Zoning Adjustment. A copy of Mr. Carpenter's email to Mr. Shannon is enclosed with this letter. As set forth in the May 16, 2011 letter and in the affidavit from Mr. Norman that accompanied his renewed application, we believe the application for a business license was wrongfully denied. In an attempt to follow proper procedure and exhaust our administrative remedies before pursuing further legal recourse, if necessary, we now seek a final determination from the appropriate administrative and/or quasi-judicial body or subdivision of the City. It is unclear, however, to whom we should address our appeal. Section 36-69 of the City Code provides that the Board of Zoning Adjustment is authorized "to hear appeals from the decision of the administrative officers in respect to the enforcement and application of [the zoning] chapter; and may affirm or reverse, in whole or in part, said decision of the administrative officer." As the denial of Mr. Norman's business license appears to have been a decision made by administrative officials in the City's Zoning Department, we believe the Board of Zoning Adjustment may be the proper forum to hear our appeal. We are also aware, however, that City Code Section 17- 211, et seq., regulating the operation and placement of sexually oriented businesses, is an independent section that technically lies outside of the Zoning chapter of the City Code. Accordingly, the City Code does not give clear direction on how to properly appeal the denial of an application for a business license, pursuant to Section 17-211, et seq, We ask that the City clarify the process of appeal and render a decision as to which body is the appropriate forum to hear our appeal. Application/Cover Letter for Hearing Bore the Board of Zoning Adjustment Presuming that the Board of Zoning Adjustment is the proper forum for this matter, please accept this letter as the required "cover letter" detailing our client's proposed business use and justification under the Zoning Ordinance pursuant to the Application for Non -Residential Zoning Variance. We submit this letter and all accompanying materials as part of our appeal from the decision of the administrative officers in respect to the enforcement and application of the Zoning Ordinance and of the "sexually oriented business" ordinance, codified at Section 17- 211, et seq. We submit this cover letter and application materials in advance of the June 28, 2011, filing deadline in order to be considered for the agenda of the July 25, 2011, meeting of the Board of Zoning Adjustment. The Application for Non -Residential Zoning Variance lists several requirements that must accompany the application to the Board of Zoning Adjustment. Where possible, we have in good faith complied with the necessary requirements. Due to the unique nature of this appeal, however, we do not believe that compliance with all of the requirements is feasible or even necessary. Of course, we are not asking for a "variance" from any zoning or other regulation. Mr. Bruce Moore Mr. Dana Carney June 28, 2011 Page 3 Rather, we believe that the decision of the administrative officers that Mr. Norman's business should be classified as a "sexually oriented business" is erroneous under the facts, the language of the ordinance, and the City's historical interpretation of the ordinance. Accordingly, the applicable requirements for Mr. Norman's appeal are provided, as follows: A cover letter detailing the applicant's proposal and providing his justification and reasons for requesting a variance from the requirements of the Zoning Ordinance — Please accept this letter as the required cover letter ® Six (6) copies of a site plan and survey, prepared by a professional surveyor or professional engineer, which shows all existing and proposed improvements properly dimensioned and labeled — Not Applicable. Mr. Norman is appealing the denial of his business license application and not requesting an ordinary zoning variance for physical changes or improvements to the property in question. A site plan and surveys are, therefore, not necessary or helpful to the Board's adjudication of this matter ® Payment of a filing fee no later than the published docket closing date — Enclosed e The Application for Zoning Variance — Enclosed Further, the Application for Non -Residential Zoning Variance notes that, upon application, there are several further requirements and steps necessary for the zoning variance process—a notice form to be circulated to neighboring property owners; an affidavit and supporting exhibits (mailing receipts, certified abstract list of property owners, etc.); and, a sign to be posted on the applicant's property indicating that a zoning variance is being considered. As set forth above, we do not believe these elements are applicable to Mr. Norman's appeal because he is not requesting a variance from any ordinance; rather, he is seeking a determination that the sexually oriented business ordinance does not apply. However, if the City believes such requirements must be fulfilled, please explain how the City believes Mr. Norman should comply with that process. Again, please accept this letter and accompanying materials as Mr. Norman's appeal from the decision by the administrative officials in the City's Zoning Department to deny his application for a business license. By this letter and application, we appeal the decision to the Board of Zoning Adjustment and request that this matter be included on the agenda for the July 25, 2011 meeting of the Board of Zoning Adjustment. Alternatively, if the City of Little Rock Board of Directors is a more proper forum to address this matter, we request that we be heard before the Board of Directors at its next available meeting. Please advise accordingly at your earliest convenience, as time is of the essence in this appellate process. Thank you for your time and consideration. If you have question or would like to discuss Mr. Bruce Moore Mr. Dana Carney June 28, 2411 Page 4 this matter, or if we can provide any further material to be in compliance with the necessary procedures to appeal this matter, please contact me at 501.379.1716 or mshannon@qgtb.com. Respectfully, QUATTLEBAUM, GROOMS TULL & BURROW, PLLC -Michael N. -,,,S a.nnon MNS/lad Enclosures cc: Mr. Tom Carpenter, Esq. (via hand delivery) o U w w w H O E -- Z w D Q U- 0 Q 0 m i. .. w Q Z w r Q --t44 f- M O m 0 2i m m < f f-LU LU � mm z <O -- oma �C�U)WwW �.1 m O o uJ = = ~m m < P w Q O L p LL w 00 Q = U(� w w W _ w- Z Z - Q � � i. .. w Q Z w r Q --t44 f- O m 0 2i m m < f-LU LU � mm z <O -- oma �C�U)WwW uJ = U Z_ C7 Z_ w F- P U >< i. .. w Q Z w r Q July 25, 2011 There being no further business before the Board, the meeting was adjourned at 2:40 p.m. Date: 6 1 Chairman