boa_01 26 2009LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
JANUARY 26, 2009
2:00 P.M.
Roll Call and Finding of a Quorum
A Quorum was present being five (5) in number.
Approval of the Minutes of the Previous Meetings
The Minutes of the November 24, 2008 meeting were
approved as mailed by unanimous vote.
111. Members Present
Members Absent:
Terry Burruss, Chairman
David Wilbourn, Vice Chairman
Scott Smith
James Van Dover
Robert Winchester
None
City Attorney Present: Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
JANUARY 26, 2009
2:00 P.M.
Roll Call and Finding of a Quorum
II. Approval of the Minutes of the November 24, 2008
meetings of the Board of Adjustment
III. Presentation of Consent Agenda
IV. Presentation of Hearing Items
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
JANUARY 26, 2009
2:00 P.M.
OLD BUSINESS:
A. Z-8392 1114 Jefferson Street
B. Z -5246-A 7524 Baseline Road
NEW BUSINESS:
1. Z -4017-A
5018 Kavanaugh Blvd.
2. Z -6957-M
West side of Talley Road
1000' South of Colonel Glenn Road
3. Z-8422
1620 N. Polk Street
4. Z-8423
1821 N. Beechwood Street
5. Z-8424
1218 Center Street
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JANUARY 26, 2009
ITEM NO.: A
File No.: Z-8392
Owner: Derotha Webb
Applicant: Ron Woods
Address: 1114 Jefferson Street
Description: Part of Lot 6, Block 29, Cunningham's Addition
Zoned: C-3
Variance Requested: A variance is requested from the parking provisions of Section
36-502 to allow the use of an existing commercial building with no off-street parking.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Commercial Building
Proposed Use of Property: Neighborhood Resource Center
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The C-3 zoned property at 1114 Jefferson Street is occupied by a one-story
commercial building. The building is approximately 1,512 square feet in area
and occupies almost the entire 49 foot by 50 foot commercial lot. The property
is comprised of the north 49 feet of Lot 6, Block 29, Cunningham's Addition,
and has a separate owner than the remainder of the lot. The building has a
history of use as some form of commercial business (not a restaurant or
similar type use). The property has no off-street parking. On -street parking is
allowed in the area.
The applicant is proposing to use the existing building as an "event/meeting
center". Section 36-502(b)(3)c. of the City's Zoning Ordinance would require a
minimum of 15 off-street parking spaces for this type use (1 space per 100
square feet of gross floor area).
Therefore, the applicant is requesting a variance from this ordinance
requirement for use of the building with no off-street parking.
JANUARY 26, 2009
ITEM NO.: A (CON'T.)
Staff is not supportive of the requested parking variance and proposed use of
the property. The applicant is proposing a use which requires the highest level
of off-street parking. Office use of the property would require three (3) off-
street parking spaces and retail commercial uses would require five (5)
spaces. Staff could support a parking variance to allow office or retail use of
the building, but not a use which requires one (1) space per 100 square feet of
gross floor area. The use of the building as proposed by the applicant could
create a large amount of after-hours parking which would encroach into the
single family neighborhood to the north. Office or retail use of the property
would require a much smaller parking demand and would typically be day time
uses. Staff believes use of the building as proposed with no off-street parking
would have an adverse impact on the adjacent properties and neighborhood to
the north.
C. Staff Recommendation:
Staff recommends denial of the requested parking variance, as filed.
BOARD OF ADJUSTMENT:
(SEPTEMBER 29, 2008)
Staff informed the Board that the application needed to be deferred to the October
27, 2008 Agenda based on the fact that the applicant failed to complete the
notifications to surrounding property owners as required.
The item was placed on the Consent Agenda and deferred to the October 27, 2008
Agenda as recommended by staff with a vote of 5 ayes and 0 nays.
BOARD OF ADJUSTMENT:
(OCTOBER 27, 2008)
Staff informed the Board that the applicant requested the application be deferred to
the November 24, 2008 Agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred to the November 24,
2008 Agenda as recommended by staff with a vote of 4 ayes, 0 nays and 1 absent.
Staff Update:
The applicant submitted additional information to staff on November 6, 2008.
The applicant notes that approval has been received from the adjacent owner of
4700/4710 W. 12th Street (Ugly Mike's Records) to use the 26 existing parking
spaces on that site. The site is located immediately west of and adjacent to the
property in question (1114 Jefferson Street).
The applicant notes that the business at 4700/4710 W. 12th Street will close at
5:00 P.M. daily and that there will be no use of the building at 1114 Jefferson
Street before 5:00 P.M. daily. According to the applicant there will be no
simultaneous use of the two (2) properties, freeing all 26 parking spaces at
JANUARY 26, 2009
ITEM NO.: A (CON'T.)
4700/4710 W. 12" Street for use by the owner of 1114 Jefferson Street. The
applicant has submitted a copy of a lease agreement between the two (2)
property owners for the parking spaces. The lease agreement does not specify a
length of time for the parking use.
Staff continues to have reservations regarding the proposed use of the
commercial building at 1114 Jefferson Street. Staff believes it would be very
difficult to police (by the property owner or City Staff) parking for this commercial
use, assuring that the adjacent parking lot at 4700/4710 W. 12th Street is utilized.
Staff continues to believe that after-hours parking could very easily encroach into
the single family neighborhood to the north. As of this writing, staff's
recommendation of denial of the requested parking variance remains unchanged.
Staff has also received letters of opposition from several nearby residents. The
letters are attached for Board review.
BOARD OF ADJUSTMENT: (NOVEMBER 24, 2008)
Ron Woods and Derotha Webb were present, representing the application. There
were no objectors present. Staff presented the application with a recommendation
of denial.
Ron Woods addressed the Board in support of the application. He presented the
Board with a site plan and a floor plan for the project. He explained that the area of
the building left for events was very small, after construction of a kitchen, bathroom
and office space. He noted that would be a paved walkway from the adjacent
parking at 4700/4710 W. 12th Street to the building at 1114 Jefferson Street.
Derotha Webb also addressed the Board in support of the application. She
described the use of the building as a "resource center" for the community. She
explained that the building had been upgraded with a new roof, windows and doors.
She further described who will use the building.
Chairman Burruss noted that the use of the building was described as an "event
center" on the application form. This issue was briefly discussed.
Scott Smith asked about the floor plan as presented by the applicant. He noted that
the plan showed a full-service, restaurant -style kitchen. Ms. Webb explained that
she wanted to provide meals to persons using the facility.
The issue of parking was discussed with relation to the use of the adjacent buildings.
James Van Dover asked about funding for the project. Ms. Webb explained that it
was a non-profit venture.
The use of the building was discussed further.
JANUARY 26, 2009
ITEM NO.: A (CON'T.)
Staff suggested the application be deferred in order to clarify use of the building and
possible conditions to be placed on the property. The need for a deferral was
discussed. The applicants indicated that a deferral would be acceptable.
There was a motion to defer the application to the January 26, 2009 agenda. The
motion passed by a vote of 4 ayes, 0 nays and 1 absent.
Staff Update:
Staff met with the applicants, Ron Woods and Derotha Webb, on January 14,
2009 and discussed the proposed use of the property/building at 1114 Jefferson
Street. The applicant notes that the building will be utilized as a "neighborhood
resource center" (non-profit organization) to serve the community. The resource
center will have programs designed to aid youth (tutoring, summer programs,
programs for youth with behavioral problems, etc.), parents (single parents, low
income parents, parenting classes, etc.), senior citizens and church groups. The
applicant notes that the resource center will be working/partnering with other
organizations in the area such as Stop the Violence and the Black Community
Developers.
There will typically be two (2) volunteer staff persons at the resource center. The
staff will help individuals in the area who have certain problems find the
appropriate program(s) to suit their needs. The center will typically open at 3:00
p.m. and extend not past 10:00 p.m., Monday through Friday. The center will be
open most of the day on Saturdays, extending not past 10:00 p.m. The center
will be used on Sundays only on an as needed basis.
The applicant also notes that the building at 1114 Jefferson Street will only be
used by the resource center. It will not be rented to individuals for special
events. The resource center may occasionally host a special event (fish fry, etc.)
to raise money for this non-profit organization.
As noted previously, the applicant has permission from the adjacent property
owner (to the west) at 4700/4710 W. 12th Street to use the existing 26 parking
spaces on that site. The applicant has noted that the spaces can be used by the
resource center at any time. The applicant also notes that there will be a
pedestrian walkway between the adjacent parking and resource center.
With respect to the Kitchen area shown by the applicant on a proposed floor
plan, the applicant notes that the kitchen will only be used to serve meals to
persons involved in classes, programs, etc. at the resource center.
The kitchen may be used on occasion (for example Thanksgiving or Christmas)
to take meals to persons in the area who are in need. The applicant notes that
the kitchen will not be used for a commercial restaurant.
Staff is now supportive of the requested parking variance in conjunction with the
proposed use of the building at 1114 Jefferson Street as described in this "staff
update." With operation of the neighborhood resource center as described by
JANUARY 26, 2009
ITEM NO.: A (CON'T.)
the applicant, and adhering to the conditions as noted in the next paragraph
(Revised Staff Recommendation), Staff believes the use of the property with a
parking variance will have no adverse impact on the adjacent properties or the
general area. Clarifying the use of the property as described by the applicant
eliminates Staff's original concern related to after-hours use of the property and
parking extending into the residential neighborhood to the north.
Revised Staff Recommendation:
Staff recommends approval of the requested parking variance in conjunction with
the operation of a "neighborhood resource center" at 1114 Jefferson Street,
subject to the following conditions:
1. Use of the property is limited to a "neighborhood resource center' as
described by the applicant
2. The building cannot be rented or loaned to any other individual, group or
organization for special events.
3. The applicant must encourage patrons of the center to park in the
adjacent lot at 4700/4710 W. 12th Street. Sign(s) should be placed in front
of the building (east side) at 1114 Jefferson Street directing patrons to the
parking lot.
4. The pedestrian walkway along the south side of the building at 1114
Jefferson Street must be connected to the adjacent parking lot to the west.
5. The kitchen facility within the building at 1114 Jefferson Street shall only
be used to serve the resource center use. The kitchen facility shall not be
used in conjunction with a restaurant, take-out or catering use.
6. Activities of the resource center must conclude by 10:00 p.m. daily.
BOARD OF ADJUSTMENT:
(JANUARY 26, 2009)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff with a vote of 5 ayes and 0 nays.
August 25, 2008
Dana Carney
Zoning and Subdivision Manager
CITY OF LITTLE ROCK
Planning & Development
723 West Markham
Little Rock, AR 72201-1334
RE: 1114 JEFFERSON STREET
ON-SITE PARKING VARIANCE
Dear Mr. Carney:
We are hereby requesting a variance for the on-site parking requirement for the building at 1114
Jefferson Street. The building is a small structure approximately 1500 sq.ft.; however, it occupies
practically all of the property it sits on. The property is almost square at 49 feet wide by 50 feet deep.
The building is 36 feet wide by 42 feet deep, which doesn't leave any room for on-site parking.
The property is located off 12th Street on Jefferson in one of the older parts of the City of Little Rock.
The structure has been zoned C-3 for years and has always been used as some form of business. Our
intent is to use the existing structure as a Resource Center. The traffic generated by this use will not be
significant as the assembly area is only 870 sq.ft. By the most stringent requirements, this facility would
be required to provide at most, nine (9) parking spaces.
This building has always functioned as a business in one form or another and we are only asking to
continue a long established tradition. We are surrounded on all sides by properties owned by others
(commercial and residential) making off-street parking impossible and a true hardship.
We hope you will consider our request favorably. If you have any questions, please don't hesitate to
call.
Sincerely,
WOODS GROUP
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JANUARY 26, 2009
ITEM NO.: B
File No.: Z -5246-A
Owner: Baseline Realty, LLC
Applicant: Ana Arias
Address: 7524 Baseline Road
Description: Northeast corner of Baseline and Chicot Roads
Zoned: C-3
Variance Requested: A variance is requested from the parking provisions of Section
36-502 to allow use of an existing commercial building with reduced parking.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Commercial Building
Proposed Use of Property: Pool Hall
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The C-3 zoned property at 7524 Baseline Road is occupied by a one-story
commercial building. The property is located at the northeast corner of
Baseline Road and Chicot Road. There is paved parking on the south and
west sides of the building. Access drives from Baseline and Chicot Roads
serve the property. The building was previously used as a dry cleaning
business. There is a total of 23 paved parking spaces on the site. The
commercial building is currently vacant, and has 3,920 square feet of gross
floor area.
The applicant is proposing to convert the use of the building to a pool hall with
bar service. Section 36-502(b)(3)c. of the City's Zoning Ordinance requires a
minimum of 39 off-street parking spaces for this type use within the existing
3,920 square foot building (1 parking space per 100 square feet of gross floor
area). Therefore, the applicant is requesting a variance from this ordinance
JANUARY 25, 2009 i
ITEM NO.: B (CON'T.)
standard to allow use of the building as a pool hall with bar service with 23 off-
street parking spaces. The applicant has submitted a written lease agreement
for the eight (8) parking spaces on the property immediately to the east at
7510 Baseline Road.
Staff is not supportive of the requested parking variance. Staff does not feel
there is adequate parking on the site to support the use as proposed, requiring
one (1) parking space for each 100 square feet of gross floor area. The
existing parking on the site is only 58 percent of the minimum parking
requirement. Additionally, there are no additional parking spaces on the site
immediately to the east (7510 Baseline Road), which are not spaces needed
toward meeting the minimum parking for that property. Therefore, staff feels
the lease of these parking spaces should not be considered. Staff believes the
building at 7524 Baseline Road should be used for commercial or office
purposes requiring no more than 23 off-street parking spaces. The proposed
use of the property could generate an amount of traffic and parking which this
site is not capable of handling.
C. Staff Recommendation:
Staff recommends denial of the requested parking variance.
BOARD OF ADJUSTMENT:
(OCTOBER 27, 2008)
Staff informed the Board that the application needed to be deferred to the November
24, 2008 Agenda based on the fact that the applicant failed to complete the
notifications to surrounding property owners as required.
The item was placed on the Consent Agenda and deferred to the November 24,
2008 Agenda as recommended by staff with a vote of 4 ayes, 0 nays and 1 absent.
Staff Update:
Staff has made numerous attempts to contact the applicant (phone messages and
meeting follow-up letters) since before the October 27, 2008 hearing. The applicant
has not contacted staff nor submitted proof of notification of surrounding property
owners. Therefore, staff recommends this application be withdrawn, as it appears to
have been abandoned by the applicant.
BOARD OF ADJUSTMENT: (JANUARY 26, 2009)
Staff informed the Board that the application needed to be withdrawn without
prejudice, based on the fact that the applicant, in staff's opinion, had abandoned the
application.
The item was placed on the Consent Agenda and withdrawn, without prejudice, as
recommended by staff with a vote of 5 ayes and 0 nays.
EL CE NTE NARI O
September 12, 2008
To: BARD OF ADJUSTMENT
We, E1 Centenano just want to let you know that we do not going to use the all s ace of
the parking lot that is 3,800 ft and We onlygoing to use 3,036 on: p
55 x 50 for table pools
5 x 22 for the bar
11 x 6 for the bathroom
11 x 10 for the storage
You immediate attention to this matter is greatly appreciated.
Sincerely,
ANA ARIAS
El Centenario
7524 BASELINE RD.
LITTLE ROCK, AR 72209
(501) 612-5395
Parking Lot Lease
This Parking Lot Lease, hereafter referred to as the "Lease" is by and between Baseline
Realty, LLC the owner and Ana Arias, lessee.
Whereas lessee desires to rent all the parking spaces at what is commonly know as 7510,
A, B, C Baseline Road, Little Rock, AR 72209 and Lessor agrees to lease said parking lot
under the following terms and agreement.
Term: The term of this lease will be for a period of 36 months beginning with October 1,
2008 and will continue until September 30a', 2011. At which time lessee will have an
option to renew this lease contract for an additional 3 years. Lessee must provide 60 days
written notice of desire to continue leasing of said premise.
During the first lease term lessee agrees to pay $2000.00 per year in equal monthly
installments of $166.66 due and payable on the first of each month. If payments are not
received by Lessor by the 5th day of each month a $25 late fee will be assessed. If
payment is not made by the 15th of each month this contract will automatically expire and
will no longer be in force. It is understood that should this happen no notice will be
required to notify the lessee due to the nature of the lease. Should Lessee sell their
business to another owner, this contract will expire and the new owner will be
responsible to establish a new parking lot lease with the current owner Baseline Realty,
LLC. Lessee agrees to keep the parking lot clean and free of trash at all times, if Lessee
fails to do so Lessor may hire someone to clean the parking lot and said cost will be
added to the current months lease.
Baseline Realty LLC reserves the right to cancel this agreement with a 30 day written
notice to the lessee at their place of business, 7524 Baseline Rd, Little Rock, AR 72209.
It will be considered delivered if sent by first class mail RRR. Or if hand delivered by
the owner of representative of the owner.
Should lessee desire a second terra of 3 years at the expiration of this agreement, there
will be a 15% increase in the rental amount to $2300.00 per year.
It is further agreed that this contract for parking lease will be governed by the laws of the
State of Arkansas and should any part of this contract be deemed unenforceable it will
only make that portion of the contract unenforceable the entire document will still be
used to determine any issues arising from either party. Should any type of legal action
need to be taken to enforce this lease, the prevailing party shall be awarded any cost to
include but not limited to attorney's fees and or collection or filing fees associated with
enforcement of this contract.
Dateq-q-09 Centeario Pool Hall
r .yam Date - Baseline Realty LLC
JANUARY 26, 2009
ITEM NO.: 1
File No.: Z -4017-A
Owner: Country Club Station Realty Company
Applicant: Ellen Golden, DIFA, LLC
Address: 5018 Kavanaugh Blvd.
Description: Lots 1-7, Lots E and F and part of Lots A & B,
All in Shadowlawn Addition
Zoned: C-3
Variance Requested: Variances are requested from the area provisions of Section 36-
301 and the parking provisions of Section 36-502 to allow a building addition with
reduced front and rear setbacks and reduced parking.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Grocery Store
Proposed Use of Property: Grocery Store and Restaurant
STAFF REPORT
A. Public Works Issues:
No Comments
B. Landscape and Buffer Issues:
Site plan must comply with the cities minimal landscape and buffer ordinance
requirements.
Street trees along both Club Road and Kavanaugh Boulevard are needed.
A franchise agreement with City of Little Rock is required in conjunction with the
street trees.
JANUARY 26, 2009
ITEM NO.: 1 (CON'T.)
C. Staff Analysis:
The C-3 zoned property at 5018 Kavanaugh Blvd. is occupied by two (2) one-
story commercial buildings and associated parking areas. The northernmost
building (7,750 square feet) contains Terry's Finer Foods Grocery Store and
another retail use with the south building (3,375 square feet) containing a
liquor store. There is a driveway from Kavanaugh Blvd. between the two (2)
buildings and a paved alley along the rear (east) property line. There is paved
parking located between the two (2) buildings and along the east side of the
southernmost building. There is also a small amount of parking (4 spaces) at
the northeast corner of the northern building along the alley. There is
additional parking along the west side of the north building which is mostly in
the right-of-way. There are 33 parking spaces devoted to this development.
There is also on -street parking in the area. The existing development requires
a minimum of 36 parking spaces as per current ordinance requirements.
The applicant is proposing a two-phase project for the overall property. The
first phase involves utilizing approximately 554 square feet of the north building
(at its southwest corner) as a restaurant use in conjunction with the existing
grocery store use. Section 36-502(b)(3)c. of the City's Zoning Ordinance
requires four (4) additional off-street parking spaces for the proposed
restaurant use. The applicant is requesting a variance form this ordinance
requirement for Phase I.
Phase II of the proposed project involves the following:
1. A second floor addition above the Phase I restaurant use, spanning
over the covered parking at the south end of the building.
2. A 300 square foot excavated wine cellar/dining area.
3. Reconstruction of the concrete block building section at the southwest
corner of the overall building (Phase I restaurant area).
4. The east 10'-2" portion of the second floor addition will include ground
floor construction for a stairway/egress area.
The overall restaurant area will be approximately 2,715 square feet after
Phase II construction. A front setback of approximately 16.5 feet is proposed
from the west (front) property line of approximately 1.5 feet. The existing
building is located approximately 16.5 feet from the front (west) property line,
with a portion of the structure being located on the rear (east) property line.
This proposed addition will be for the expansion of the Phase I restaurant use.
Section 36-301(e)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet for this C-3 zoned property. Section 36-301(e)(3) requires a
minimum rear setback of 25 feet. Section 36-502(b)(3)c. will require 22
additional off-street parking spaces for the restaurant expansion. The
JANUARY 26, 2009 (
ITEM NO.: 1 (CON'T.)
applicant is requesting variances from these ordinance requirements to allow
the building addition with reduced front and rear setbacks and providing no
additional off-street parking spaces for the proposed Phase II project.
Staff is supportive of the requested variances for the Phase I and Phase II
project. Staff views the request as reasonable. With respect to the requested
variances for reduced building setbacks, the proposed addition will be mostly a
second level addition, maintaining the same setbacks as the existing
commercial building. The proposed building addition is only 18 feet -8 inches in
width. Staff also supports the requested parking variance. As noted
previously, this development currently has 33 parking spaces. Eight (8) of the
spaces (along the west side of the north building) are partially on this property
and partially in the right-of-way of Kavanaugh Blvd. The applicant is proposing
no reduction in the current number of parking spaces with this project. This
property has more off-street parking than most other businesses located along
Kavanaugh Blvd., between this site and N. University Avenue. Additionally,
much of the time when the restaurant will be in operation, the grocery and
retail uses within the north building will be closed. Staff feels that the proposed
phased project to add a restaurant use to this commercial site will be
compatible with the neighborhood, and have no adverse impact on the
adjacent properties or the general area. Staff believes the restaurant use will
be a quality addition to this east leg of Kavanaugh Blvd., north of Cantrell
Road.
D. Staff Recommendation:
Staff recommends approval of the requested setback and parking variances,
subject to the following conditions:
1. The building addition must be constructed to match the existing
commercial building.
2. None of the existing parking is to be eliminated with the proposed
construction.
3. Compliance with the Landscape and Buffer requirements as noted in
paragraph B. of the staff report.
BOARD OF ADJUSTMENT:
(JANUARY 26, 2009)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff with a vote of 5 ayes and 0 nays.
7
December 18, 2008
Mr. Dana Carney
Zoning and Subdivision Manager
City of Little Rock
723 West Markham, first floor
Little Rock, Arkansas 72201-1334
Dear Mr. Carney,
Pursuant to our visits, we respectfully submit, on behalf of the property owner, Country
Club Station Realty Company, as lessee of the space, a request for set back and parking
variances to the Little Rock city codes for the referenced property as shown on the
enclosed Brooks Engineering, Inc. survey dated December 3`d, 2008 and drawings by
Wm. Asti, Architect attached to this request.
The project will be developed in two stages:
1) Renovation and expansion of the existing "Sue's Pie Shop" concrete block
building to contain 434 1/2 square feet as well as utilization of approximately 120
additional square feet within the adjacent Terry's Finer Foods Grocery Store. The space
will contain a deli and restaurant which will operate in conjunction with and augment
Terry's retail sale of food products; this phase requires a variance to allow reduced
parking space requirements. Although not indicated on the architectural renderings, and
subject to physical construction restraints, we hope also to excavate an approximate 300
square foot area under and adjacent to the building for use as "cellar dining" and wine
storage.
2) Construction of a second floor above Phase I as well as ground floor egress at the
rear of the site expanding the total restaurant space to 2,715 square feet necessitating
utilization of existing set -backs (at the second level and rear) as well as variance for
reduced parking space requirements.
We would note that the project does not reduce existing available parking spaces and feel
the restaurant's hours of operation will not negatively impact the use of the property;
rather, we trust it will substantially enhance the existing grocery operation and utility of
the shopping center. Ellen and I are very pleased to have the opportunity to continue and
expand the Terry's tradition to the Height's neighborhood and thank you for your kind
consideration of our request.
Digitally -Le,
by Lee Golden
0"
DN: GaIdexPaIIi , -Allied Bank
o4 email_lezgoalliedbanknet, c=US
Date: 2008. 12.23 1133: 43 -06W
Ellen Golden, DIFA, LLC
Dba Terry's Finer Foods
JANUARY 26, 2009
ITEM NO.: 2
File No.: Z -6957-M
Owner: PB AGRI Holdings, LLC
Applicant: Pat McGetrick
Address: West side of Talley Road, approximately 1,000 feet south of
Colonel Glenn Road
Description: Lot 21, Colonel Glenn Centre Addition
Zoned: C-4
Variance Requested: A variance is requested from the development criteria of Section
36-302 to allow unscreened outdoor display of merchandise.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Undeveloped
Proposed Use of Property: Lawn and Garden Center
STAFF REPORT
A. Public Works Issues:
1. Since the western driveway is a shared access easement and/or the main
entrance to the development, vehicles are not allowed to back into the
shared access easement and/or main entrance in the parking lot of the
development. Please revise parking lot plans.
B. Landscape and Buffer Issues:
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
The landscape ordinance requires a nine foot wide (9') landscape strip around
the site's entirety. A variance from the minimal requirement must be obtained
from the City Beautiful Commission prior to the issuance of a building permit.
Currently, there is parking, curb, and gutter shown on a different piece of
property; not allowed; revise.
JANUARY 26, 2009
ITEM NO.: 2 (CON'T.)
The landscape ordinance requires a minimum of eight percent (8%) of the
interior parking area be green space. Currently, the areas appear deficient.
The areas next to the trailer parking can easily be additional green space and
is currently, dead space.
An automatic irrigation system is required.
The parking aisle along the eastern property line is located on adjoining
property which is not allowed. This site requires twenty-six (26) parking
spaces and reflects sixty-seven (67) spaces; therefore, this entire aisle can
easily be eliminated.
Recommend the redesign of the parking lot; including the required landscape
perimeter strips; which will also help with the traffic circulation and safety.
Prior to the issuance of a building permit, it will be necessary to provide an
approved landscape plan stamped with the seal of a Registered Landscape
Architect.
C. Staff Analysis:
The C-4 zoned property located along the west side of Talley Road,
approximately 1,000 feet south of Colonel Glenn Road is currently
undeveloped. The property is Lot 21 of the Colonel Glenn Centre Addition.
The subdivision extends north, south and west of this lot, with a stormwater
detention area (separate tract) immediately to the east along Talley Road. The
lot is oriented front to back running north to south and has frontage on an
interior subdivision private access road along the north (front) property line.
The applicant is proposing to develop the lot for a lawn and garden center type
use. A one-story commercial building is proposed within the south half of the
lot as noted on the attached site plan. The proposed building will include an
outdoor garden center area along its east side. Access drives will be located
along the north property line from the subdivision access road. Paved parking
will be located between the proposed building and the subdivision access road
(north side of building). An asphalt service drive will be located on the west
and south sides of the proposed building. The building is proposed to be set
back approximately 260 feet from the front (north) property line, 87 feet from
the rear (south) property line and 25 feet from the east side property line. The
building is proposed to have no setback from the west side property line. On
November 24, 2008 the Board of Adjustment approved a variance for a
reduced building setback along the west property line.
In conjunction with the proposed project, the applicant has identified three (3)
areas on the site plan where outdoor display of merchandise is proposed. The
first, and largest, area of outdoor display is located along the east side of the
proposed building. This area is approximately 18,000 square feet in area and
will be enclosed with a coated chain link fence. The second area will be along
JANUARY 26, 2009 (
ITEM NO.: 2 (CON'T.)
the sidewalk area in front (north side) of the store building. The final area will
be located near the front property line, along the north end of the parking area.
This area will be for larger items (equipment, tractor attachments, etc.).
Section 36-302(b)(4) of the City's Zoning Ordinance reads as follows:
(4) No article or material stored or offered for sale in connection with the
permitted or conditional uses listed herein shall be stored or displayed
outside the confines of a building unless it is so screened by a
permanent opaque screening fence or wall so that it cannot be seen
from an adjoining lot. The following screening and display criteria shall
apply to uses located in the C-4 open display district:
a. Automobile, truck, tractor, mobile home, boat or motorcycle sales
areas are not required to screen fully assembled merchandise
which is ready for sale.
b. No permanent open display will be permitted on sidewalks or public
right-of-way.
c. Automobile service stations shall be permitted open display of
merchandise commonly sold by such operations as long as the
area of said display is not taller than the building nor larger than an
area equal to one-half of the fagade area of the front of the building.
d. Automobile service stations may be used for the storage of rental
trucks or trailers, provided however, the storage space shall be
paved, shall not exceed four thousand (4,000) square feet in area
and the above screening requirements are met.
Therefore, the applicant is requesting a variance from this ordinance
requirement to allow the area of outdoor display of merchandise with no
opaque screening.
Staff is supportive of the requested variance for unscreened display of
merchandise. Staff views the request as reasonable. Although the
"development criteria" section of 36-302 does require screening around
outdoor display of certain merchandise, the "purpose and intent" section (36-
302(a)) notes that "The C-4 district is also intended to provide a location for the
limited amount of merchandise, equipment and material being offered for retail
sale that, because of the type of material or transportation requirements, is
suitable for display and storage outside the confines of an enclosed building."
Staff believes that the type of merchandise that will be offered by this business
falls under this category and is suitable for display without screening.
Additionally, there are other C-4 uses in the area which offer open display.
There is undeveloped C-4 zoned property immediately to the west, with the
undeveloped property immediately east across Talley Road being designated
JANUARY 26, 2009 (
ITEM NO.: 2 (CON'T.)
as Light Industrial on the City's future Land Use Plan. Staff believes that the
proposed area of unscreened outdoor display will have no adverse impact on
the adjacent properties or the general area, as long as the display areas are
maintained in a neat and orderly fashion.
D. Staff Recommendation:
Staff recommends approval of the requested variance to allow unscreened
outdoor display of merchandise, subject to the following conditions:
1. Compliance with the Landscape and Buffer requirements as noted
paragraph B. of the staff report. The site plan and landscape plan
submitted for building permit must reflect these requirements.
2. The areas of outdoor display must be maintained in a neat and orderly
fashion.
3. Compliance with the Public Works requirement as noted in paragraph
A. of the staff report.
BOARD OF ADJUSTMENT:
(JANUARY 26, 2009)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff with a vote of 5 ayes and 0 nays.
W&ETRICK i& WOETKICK-
ENOINEERS - PLANNERS - SURVEYORS 7—,
December 9, 2008
Mr. Monte Moore
Zoning Administrator
Department of Planning and Development
723 West Markham Street
Little Rock, AR 72201
Re: Outdoor Display Zoning Variance
Lot 21, Colonel Glenn Centre
Dear Mr. Moore:
We are herewith requesting a variance of C-4 zoning to allow continuous outdoor display
on Lot 21, Colonel Glenn Centre. We are proposing to build a Tractor Supply Store
which will require outdoor display of mowing machines, tractors, etc. year round.
We also request that the fencing around the major outdoor display area, as shown on the
attached drawing, be coated chain link fencing. This fencing is similar to that used by
Home Depot or Walmart.
If you have any questions, please feel free to contact us.
Sincerely,
McGetrick & McGetrick
Patrick M. McGetrick, P -E.
10 Otter Creek Court, Suite A
Utdo Rock, Arkansas 72210
501-455-8899 fax 501-455-8898
JANUARY 26, 2009
ITEM NO.: 3
File No.: Z-8422
Owner: Jacob White Construction Company
Applicant: Jacob White
Address: 1620 N. Polk Street
Description: Lot 2, Block 29, Mountain Park 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
No Comments
B. Staff Analysis:
The R-2 zoned property at 1620 N. Polk Street is occupied by a two-story frame
single family residence which was recently constructed. There is a paved alley
along the rear (west) property line. A two -car wide driveway leads from the
alley to a garage on the rear of the residence. There is an
uncovered/unenclosed deck along the south side of the residence which is
approximately three (3) feet above grade. In association with the new home
construction, the applicant constructed an eight (8) foot high wood fence along
the south side property line, as noted on the attached site plan. A six (6) foot
wood fence is located along the rear (west) property line.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum
fence height of six (6) feet for residential fences located along interior lot lines.
Therefore, the applicant is requesting a variance to allow the eight (8) foot high
fence located along the south side property line. The applicant is requesting
JANUARY 26, 2009 (
ITEM NO.: 3 (CON'T.)
the increased fence height to provide privacy for the rear yard area, primarily
for the elevated deck structure.
Staff is supportive of the requested fence height variance. Staff views the
request as reasonable. Staff typically supports this type of fence variance (8
foot fence along an interior property line) for residential properties. Staff feels
the eight (8) foot high fence is compatible with the neighborhood and will
provided the desired privacy for the property owners on either side of the
fence. The property to the south also has a patio area adjacent to the new
fence. 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 building permit being obtained for the fence construction.
BOARD OF ADJUSTMENT:
(JANUARY 26, 2009)
Jacob White was present, representing the application. There were no objectors
present. Staff presented the item with a recommendation of approval.
Jacob White addressed the Board in support of the application. He explained the
reason for the fence height with relation to the deck at 1620 N. Polk Street and the
property immediately to the south.
Scott Smith asked Mr. White what triggered the request for a variance. Mr. White
noted that the fence height was flagged when the certificate of occupancy inspection
was made by the City. Scott Smith questioned the need for the variance. Mr. White
explained that the deck overlooked the property to the south. He noted that the deck
could have been constructed at grade, but it would have been smaller.
James Van Dover asked Mr. White if he was aware of the six (6) foot maximum
fence height requirement when he constructed the fence. Mr. White explained that
he was not aware of the requirement. The issue was briefly discussed. Mr. White
explained that the property owner immediately to the south and the other
surrounding owners were supportive of the fence.
There was a motion to approve the requested fence height variance, as
recommended by staff. The motion passed by a vote of 4 ayes and 1 nay. The
application was approved.
December 2, 2008
To: Department of Planning and Development �� Z
723 West Markham
Little Rock, AR
From: Jacob White Construction Company
2400 N. Pierce
Little Rock, AR 72207
To Whom It May Concern:
I am writing this letter as a request for a residential zoning variance. I am a home builder
and bought a home at 1620 North Polk. I have since demolished the original home and
constructed a new home on the same site. After completion of the new home I had a
deck constructed on the south side of the home. This deck is approximately 3 feet off of
the ground, since the lot slopes slightly from the front to the rear (east to west). With the
location of this deck and its height off of the ground, as well as the close proximity of the
homes on these 50' wide lots, there was a great need for privacy. With the permission of
the neighbors to the south, I had an 8' tall wooden privacy fence constructed. A 6' fence
would have been totally inadequate, because it would provide no privacy for either
neighbor. The fence is approximately 6' across (from the side of the house to the
property line), and 100' long (along the property line of the homes running east to west).
I am requesting that a variance be allowed to leave the fence with the 8' height. As
mentioned earlier a 6' fence would not be adequate because of the slope of the lot as well
as the close proximity of the homes. The party that this would affect the most was
consulted prior to construction, and was very pleased with the finished product.
If you have any questions please feel free to contact me. My cell phone number is 501-
912-2444.
Thanks,/
��h
Jacob White
JANUARY 26, 2009
ITEM NO.: 4
File No.: Z-8423
Owner: Rick Fleetwood
Applicant: Ron Head
Address: 1821 N. Beechwood Street
Description: East side of Beechwood Street, north of Cantrell Road
Zoned: R-2
Variance Requested: A variance is requested from the easement provisions of
Section 36-11 to allow a building addition which encroaches into a utility easement.
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. Utility Comments:
Little Rock Wastewater — Little Rock Wastewater will agree to the variance
request when the following conditions are met:
• Plans for Relocation of the existing sewer main have been submitted to
LRW according to LRW's Specifications.
• Upon Approval of the plans the sewer main will be relocated as shown on
the approved plans.
• All final paperwork has been submitted to LRW as required in LRW's
Specification including an easement for the relocated sewer main.
• LRW Accepts the Relocation as part of the LRW System and an
acceptance letter is issued.
JANUARY 26, 2009
ITEM NO.: 4 (CON'T.)
LRW cannot approve this variance until the project is complete and an
acceptance letter has been issued. Any construction work over the existing
line prior to that time could cause damage to the existing sewer main.
Central Arkansas Water — No objection to easement encroachment.
Center Point Energy — No objection to easement encroachment.
Entergy — No objection to easement encroachment.
AT&T — No objection to easement encroachment.
C. Staff Analysis:
The R-2 zoned property at 1821 N. Beechwood Street is occupied by a three-
story brick single family residence. The property slopes downward from front
to back (west to east), with the residence being three (3) stories on the rear.
There is a one -car wide driveway from Beechwood Street which serves as
access to the property. There is a concrete parking pad at the northwest
corner of the residence.
The applicant proposes to construct a one-story garage addition at the
northwest corner of the residence, over a portion of the existing parking pad,
as noted on the attached site plan. The proposed garage addition will be 22
feet by 30 feet in area. It will be located approximately 43 feet back from the
front (west) property line and 10 to 12 feet back from the north side property
line. The proposed garage addition will extend approximately three (3) feet
into a utility easement which runs along the north side property line. The
applicant has also noted that the sidewalk (steps) located in the front yard area
will be removed, and that the existing driveway from Beechwood Street will be
widened slightly to the north with the proposed garage project.
Section 36-11(f) of the City's Zoning Ordinance requires that any building
encroachments into utility easements be reviewed and approved by the Board
of Adjustment. Therefore, the applicant is requesting a variance to allow the
easement encroachment. The proposed garage addition exceeds the
minimum ordinance required setbacks from property lines.
Staff is supportive of the requested easement encroachment variance. As
noted in paragraph B. of the Staff Report, all of the utility companies agree to
the proposed easement encroachment, with the exception of Little Rock
Wastewater. Little Rock Wastewater notes agreement with the easement
encroachment only when certain conditions have been met by the applicant,
as noted in paragraph B. Staff's support of the easement encroachment is
based on the Little Rock Wastewater's condition being met as noted in
paragraph B., prior to a building permit being issued for the garage addition.
Otherwise, staff feels the proposed garage addition will have no adverse
impact on the adjacent properties or the general area.
JANUARY 26, 2009
ITEM NO.: 4 (CON'T.)
D. Staff Recommendation:
Staff recommends approval of the requested easement variance, subject to
the following conditions:
1. No building permit will be issued for the garage addition until the existing
sewer main has been relocated and an acceptance letter has been issued
by Little Rock Wastewater and submitted to staff.
2. The garage addition must match the existing residence.
BOARD OF ADJUSTMENT:
(JANUARY 26, 2009)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff with a vote of 5 ayes and 0 nays.
Head Construction Company
rheadco@suddenlink.net
115 Dove Lane
Jacksonville, AR 72076
501-982-0011 phone/fax
501-680-2880 mobile
January 7, 2009
Little Rock Board of Adjustments
RE: Rick Fleetwood Variance
1821 Beechwood Road
Little Rock, AR
Dear Sirs:
9f7-3
Mr.
Mr. Fleetwood is requesting this variance so he can add living space to his home and utilize
guest accommodations existing over garage as new .master bedroom suite. Existing Bedrooms in
home are downstairs and accessible only by spiral staircase new master suite would allow access
by straight stairs and elevator.
This project would involve changing existing garage to living room, adding staircase and
elevator for access to upstairs, adding master suite upstairs inside main house.
Exterior changes would involve removing existing raised driveway and adding new driveway
and garage.
The proposed changes are all designed within the acceptable setbacks as required except for
slight encroachment onto utility easement. New structure would actually increase accessible area
of existing easement.
There are no utilities other than Little Rock Wastewater affected by this request and we are
currently working with an engineer to relocate existing sewer main as per Mr. Boyd, LRWW
specifications and requirements. These plans will be submitted to Mr. Boyd as soon as possible
and no new structures would be started until sewer line is moved and signed off by LRWW.
Thank you for your help with this project, if you have any questions or need anything from me
please let rate know
Sincerely, Ron Head
Head Construction
Office and fax: 501982-0011
Mobile 680-2798
E -Mail rheadco@suddenlink.net
JANUARY 26, 2009
ITEM NO.: 5
File No.: Z-8424
Owner: Craig and Natalie Weatherly
Applicant: Craig Weatherly
Address: 1218 Center Street
Description: Lot 8, Block 195, Original City of Little Rock
Zoned: UU
Variance Requested: A variances 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 UU zoned property at 1218 Center Street is occupied by a two-story
frame single-family residence which is in the process of being remodeled.
There is a one-story accessory building in the rear yard area, near the
southwest corner of the property. There is a paved alley along the rear (west)
property line. There is a new wood fence which is located along the front
(east), side (north) and rear (west) property lines. The new fence is six (6) feet
in height running along the front and rear property lines. The majority of the
fence along the north side property line is six (6) feet in height, with the
exception of an eight (8) foot high section which runs for approximately the
depth of the residence (approximately 52 feet). The fence transitions upward
from the six (6) foot sections to the eight (8) foot section. There is an existing
rock wall and fence located along a portion of the south side property line.
JANUARY 26, 2009 i
ITEM NO.: 5 (CON'T.)
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 a front building setback
line and a street right-of-way. Fences located along interior lot lines are
allowed to have a maximum height of six (6) feet. Therefore, the applicant is
requesting a variance to allow the six (6) foot high fence along the front
property line and east 25 feet of the north side property line, and the eight (8)
foot section (with transition) along the north side property line. The applicant
has noted that the fence was constructed for security purposes while the
house is being remodeled, and requests the variance for the portion along the
front (east) property line for only one (1) year from the Board's meeting date.
He has plans to replace it with a four (4) foot high wrought iron fence. The
fence along the north (side) property line would remain as constructed.
Staff does not support the fence variance as requested. Although staff has no
problem with the requested variance for the fence along the front property line
(temporary) and the eight (8) foot section along the north property line, staff
believes the east 18 feet of the fence located along the north property line
should also be reduced to a height of four (4) feet within one (1) year. There is
a residence located immediately to the north, and staff feels that reducing the
fence height within the front yard area, at least to the front porch (18 feet from
front property line), would help maintain the residential appearance for the
front yard areas. If the applicant were willing to revise the application to
include this 18 foot section, staff would support the application, subject to the
following conditions:
1. The temporary portion of the fence located along the front and north
side (east 18 feet) property lines be reduced to four (4) feet within one
(1) year.
2. A building permit must be obtained for the fence construction.
C. Staff Recommendation:
Staff recommends denial of the fence height variance, as requested.
BOARD OF ADJUSTMENT:
(JANUARY 26, 2009)
Staff informed the Board that the application needed to be deferred to the February
23, 2009 Agenda based on the fact that the applicant failed to complete the
notifications to surrounding property owners as required.
The item was placed on the Consent Agenda and deferred to the February 23, 2009
Agenda as recommended by staff with a vote of 5 ayes and 0 nays.
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There being no further business before the Board, the meeting was adjourned at 2:18 p.m.
Date: - 3 /09
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Chairman
Secretary