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boa_10 26 2009f LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES OCTOBER 26, 2009 2:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. II. Approval of the Minutes of the Previous Meetings The Minutes of the September 28, 2009 meeting were approved as mailed by unanimous vote. III. Members Present: Members Absent: David Wilbourn, Chairman Robert Winchester, Vice Chairman Scott Smith James Van Dover Leslie Greenwood City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA OCTOBER 26, 2009 2:00 P.M. OLD BUSINESS: No Old Business II. NEW BUSINESS: 1. Z -4017-B 5018 Kavanaugh Blvd. 2. Z -7463-A 6425 S. University Avenue 3. Z-8500 4600 Crestwood Drive 4. Adoption of 2010 Board of Adjustment Calendar POS AWHOIH -- 41 x --1 3llid a� co � v, Z E - 0 U r.; I N POS AWHOIH -- 41 IV . RibaAlNn is Ga SONIad 2 31 0 0: wI W � F 1S 1ddISS16SIW Ni y � � Q w 3 � N MOaaV6 NHO Ga alOAa353a�,�P W er31 w z __� \ba M as 0_� �p1Sa31Nl m f w JJ I .1 W e� m j1`oa SNavds E CO O 0 co x --1 3llid a� - � O r.; I N W o ; QC - - - - 366 s � NIGN`N P1( t �S W bO�a LU z r �y Oa SbwoHl NYO .. 1- y O�P�.i--_.� 4—J OPSo - a O■ ' 1 OSS S1b18aS1N!.rt OEs 31V1Sa NI 1S MOp'Oa6 •• O 1S H°atlS •�'� 0 Oa a3H o °a 01N0211' a . w i.... IV . RibaAlNn is Ga SONIad 2 31 0 0: wI W � F 1S 1ddISS16SIW Ni y � � Q w 3 � N MOaaV6 NHO Ga alOAa353a�,�P W er31 w z __� \ba M as 0_� �p1Sa31Nl m f w JJ I .1 W e� m j1`oa SNavds E CO O 0 co OCTOBER 26, 2009 ITEM NO.: 1 File No.: Z -4017-B Owner: Country Club Station Realty Company Applicant: Jim Wilson, Maple Leaf Canvas Address: 5018 Kavanaugh Blvd. Description: Lots 1-7, Lots E and F and part of Lots A and B, All in Shadowlawn Addition Zoned: C-3 Variance Requested: A variance is requested from the sign provisions of Section 36-555 to allow an awning sign with reduced setback from a property line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Grocery Store with Restaurant. Proposed Use of Property: Grocery Store with Restaurant. STAFF REPORT A. Public Works Issues: No Comments. B. 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 applicant recently received approval from the Board of Adjustment (January 26, 2009) for setback and parking variances OCTOBER 26, 2009 ITEM NO.: 1 (Con't.) associated with a building addition and restaurant use for the grocery store portion of the north building. There are two (2) canvas canopies on front of the grocery store portion of the building. The canopies are approximately three (3) feet wide and extend approximately one (1) foot across the front property line, over the existing sidewalk. There is an existing wall sign over the southernmost canopy. The applicant proposes to remove the existing wall sign and replace the two (2) canopies with new canopies slightly higher up on the building fagade, approximately at the height of the existing wall sign. The new canopies will be seven (7) feet wide and extend approximately five (5) feet over the front property line and over the sidewalk. The new proposed canopies will be retractable. The applicant is proposing to place a 46 square foot sign (24 in. by 276 in.) on the face (flap) of the southernmost canopy. When retracted, the sign will be in the same location as the existing wall sign. The applicant has noted that the canopy frames will have a clearance of nine (9) feet above the sidewalk area. Section 36-555(b) of the City's Zoning Ordinance requires that awning/canopy signs be located at least five (5) feet back from any property line. Therefore, the applicant is requesting a variance to allow the sign on the face of the southernmost canopy which extends across the front property line and into the right-of-way, when the canopy is opened. Staff is supportive of the requested sign setback variance. Staff views the request as reasonable. If the sign were not to be located on the front of the southernmost canopy, the retractable canopies would be reviewed through a franchise permit. The canopies will be located over a rather wide sidewalk and will add to the property's street appeal and pedestrian use area. As noted previously, when the awnings are retracted, they will be flush against the front building fagade, with the canopy sign at the same approximate location as the existing wall sign. Staff believes the requested canopy sign located over the existing sidewalk will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested sign setback variance, subject to the following conditions: 1. A sign permit must be obtained for the canopy sign. 2. A franchise permit must be obtained from the Public Works Department for the encroachment of the canopies into the public right-of-way. 3. Any additional wall signs on the front (west) building fagade must not exceed 10 percent of the fagade area when added to the area of the proposed canopy sign. OCTOBER 26, 2009 ( ITEM NO.: 1 (Con't.) Staff Note: The applicant submitted a letter to staff on October 15, 2009 requesting to withdraw the application. Staff recommends the application be withdrawn, without prejudice. BOARD OF ADJUSTMENT: (OCTOBER 26, 2009) The applicant was not present. Staff noted that the applicant had requested the application be withdrawn. Staff recommended withdrawal, without prejudice. The Chairman placed the item on the Consent Agenda for withdrawal, without prejudice. The Consent Agenda was approved with a vote of 4 ayes, 0 nays and 1 absent. The application was withdrawn, without prejudice. MAPLE LEAF CANVAS COMPANY, INC. 8100 Warden Rd. - Sherwood, AR 72120 • P.O. Box 6987 - Sherwood, AR 72124 (501) 834-8891 • 1 -800 -94 -SHADE - Fax (501) 834-5397 AUGUST 31, 2009 CITY OF LITTLE ROCK DEPARTMENT OF PLANNING & DEVELOPMENT 723 W MARKHAM ST LITTLE ROCK, AR 72201 RE: ZONING VARIANCE TERRY'S FINER FOODS DEAR SIRS, WE ARE APPLYING FOR THIS VARIANCE BECAUSE IN THE UPDATING OF TERRY'S FINER FOODS BUILDING, THE NEW OWNERS WANT TO USE THE FRONT SIDEWALK FOR FOOD DISPLAY & POSSIBLY SOME NOON -TIME DINING. THEREFORE THEY WANT TO INSTALL RETRACTABLE AWNINGS OVER THE FRONT SIDEWALK AREA THAT WILL COME OUT AS THE ATTACHED DRAWINGS SHOW, 7 FEET TO THE BACK OF THE TREE WELLS, & WILL HAVE A FRAME CLEARANCE OF 9'-0". ON THE 24" LOOSE VALANCE WILL BE THE EXACT SIGN THEY NOW HAVE OVER THE DOOR, SAMPLE ATTACHED, & WHEN THE AWNING IS RETRACTED IT WILL BE IN THE SAME POSITION AS THE SIGN IS NOW. ON OTHER WORDS, THE SIGN WILL COME OUT WITH THE AWNING, & RETRACT WITH THE AWNING. WE RESPECTFULLY ASK FOR THIS VARIANCE. Y, JIM FILSON, AIA, MFC PRE IDENT Jim Wilson, Architect, MFC, President E-mail: awnings@mapleleafcanvas.com www.mapleleafcanvas.com Member Industrial Fabrics Assn. OCTOBER 26, 2009 ITEM NO.: 2 File No.: Z -7463-A Owner: Billy Milam Applicant: Steven Murrah, White Sign Co. Address: 6425 S. University Avenue Description: Northeast Corner of S. University Avenue and W. 65th Street Zoned: C-4 Variance Requested: A variance is requested from the sign provisions of Section 36-557 to allow a wall sign without direct street frontage. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Convenience Store with Gas Pumps Proposed Use of Property: Convenience Store with Gas Pumps STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The C-4 zoned property at 6425 S. University Avenue is occupied by a recently constructed convenience store with gas pumps. The property is located at the northeast corner of S. University Avenue and W. 65th Street. The convenience store building is located within the east half of the property, with the gas pumps and canopy structure within the west half. Access drives from S. University Avenue and W. 65th Street serve the site. There is a ground -mounted sign at the southwest corner of the property oriented toward the traffic along S. University Avenue. There is also a wall sign on the west side (front) of the convenience store building. There are signs on the west, north and south sides of the gas pump canopy. The signs on the gas pump canopy have not been permitted. The applicant is proposing to place a sign on the east side of the gas pump canopy (southeast corner), as noted on the attached sketches. The sign will be 46 square feet in area, with electronic display of fuel prices. The sign will occupy approximately seven (7) percent of the overall canopy fagade. OCTOBER 26, 2009 ( ITEM NO.: 2 (Con't.) Section 36-557(a) of the City's Zoning Ordinance requires that signs face a public street frontage. Therefore, the applicant is requesting a variance to allow the sign on the east side of the gas pump canopy with no direct street frontage. Staff is supportive of the requested sign variance, with certain conditions. Staff is willing to support the sign on the east side of the canopy as a trade-off for the sign on the south side of the canopy. Also, the sign on the north side of the canopy which has no street frontage and was placed on the canopy illegally, must be removed. A gas pump canopy sign without direct street frontage is a common occurrence found on gas pump canopies in this general area along S. University Avenue (Dodge Store and Zimmerman's Exxon). Staff believes the requested sign without street frontage will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested sign variance, subject to the following conditions: 1. The signs on the north and south ends of the gas pump canopy must be removed. 2. Sign permits must be obtained for the signs on the east and west sides of the gas pump canopy. BOARD OF ADJUSTMENT: (OCTOBER 26, 2009) Todd White was present, representing the application. There were no objectors present. Staff presented the application, with a recommendation of approval. Todd White addressed the Board. He stated that he did not entirely agree with the staff recommendation. He stated that the applicant wished to keep the sign on the south end of the gas pump canopy. He noted that the sign on the east side of the canopY would be in -lieu of a second ground -mounted sign on the property, along the W. 65t Street frontage. The issue was briefly discussed. The signage allowed for this property was also discussed. Staff noted support of the application, subject to the following conditions. 1. The sign on the north end of the gas pump canopy must be removed within 30 days. 2. The sign on the south end of the gas pump canopy will be allowed to remain., 3. There will be no other ground -mounted signs allowed on the property. 4. All signs must be permitted. OCTOBER 26, 2009 ( ITEM NO.: 2 (Con't. A motion was made to approve the application as recommended by Staff, and noted above. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was approved. -14-e--7— -�-- Z- Z- -74/6 3-A October 14, 2009 City of Little Rock Board of Adjustment To Whom it May Concem, We are seeking a variance to "Part A" provisions of Section 36-557 of the Little Rock Code of Ordinances to permit a sign to be placed on the East end of the canopy not directly fronting the street at 6425 S. University Ave. We feel that both the City of Little Rock, and our customer would be better served with a sign mounted to the canopy, as opposed to a freestanding sign on the southeast end of the property. This will eliminate visibility issues for the signs already in place and result in a much less cluttered appea ra nce. Thank you for considering our application for this zoning variance. Steven Murrah Account Manager White Sign Company OCTOBER 26, 2009 ITEM NO.: 3 File No.: Z-8500 Owner: C. Thomas and Cynthia W. Frazier Applicant: Carolyn Lindsey, Yeary-Lindsey Architects Address: 4600 Crestwood Drive Description: Northwest Corner of Crestwood Drive and Beechwood Street Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36- 156 and 36-254, and the fence provisions of Section 36-516 to allow construction of a swimming pool with reduced front setback, building addition with reduced rear setback and fence with increased height. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The R-2 zoned property at 4600 Crestwood Drive is occupied by a two-story brick, rock and frame single family residence. The property is located at the northwest corner of Crestwood Drive and Beechwood Street. There is a two - car wide driveway from Beechwood Street which serves as access. There is a one-story storage building/carport accessory structure located within the rear yard area, immediately north of the residence. There is a large side yard area along Beechwood Street on the east side of the residence. The site is comprised of two (2) single family lots (lots 11 and 12, Cliffwood Addition). There is a 25 foot platted front building line along the south (Crestwood Drive) property line and a 20 foot platted side building line along the east (Beechwood Street) property line. OCTOBER 26, 2009 ( ITEM NO.: 3 (Con't.) The applicant is proposing to make one-story additions to the rear (north) of the existing residence, as noted on the attached site plan sketch. The additions will connect to the existing accessory structure in the rear yard area. A 5.5 foot wide addition is also proposed to the carport portion of the accessory structure, with enclosure of the carport to create a garage. The existing accessory structure becomes part of the principal structure with the proposed connection. The accessory structure is currently three (3) feet to 12 feet back from the rear (north) property line. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear yard setback of 25 feet for principal structures in R-2 zoning. Based on the fact that the residence is located at least 25 feet back from the front and street side property lines, the minimum rear yard setback requirement becomes eight (8) feet. Therefore, the applicant is requesting a variance to allow a portion of the existing accessory structure, which becomes part of the principal structure, to have a setback of less than eight (8) feet; (three (3) feet at its closest point). The applicant is also proposing to construct an in -ground swimming pool within the east side yard area. The pool will be located 32 feet back from the front (south) property line and six (6) feet from the east side of the house. The pool will be located behind the 20 foot platted side building line. Section 36- 156(a)(2) of the City's Zoning Ordinance requires a minimum front setback of 60 feet for accessory structures, including swimming pools. Therefore, the applicant is requesting a variance to allow the pool with a 32 foot front setback. The applicant is also proposing to construct a six (6) foot high wrought iron fence with stone columns around the pool area. A portion of the fence extends between the 20 foot platted side building line and the Beechwood Drive right-of- way. Section 36-516(e)(1)a. of the Ordinance allows a maximum fence height of four (4) feet for fences located between building setback lines and street side property lines. Therefore, the applicant is requesting a variance to allow the portion of the fence which extends across the 20 foot platted building line to be six (6) feet in height. Staff is supportive of the requested setback and fence variances. Staff views the variances as relatively minor issues. With respect to the requested rear yard setback variance, only a very small sliver of the existing accessory structure requires the setback variance. All of the new construction will be located more than eight (8) feet back from the rear (north) property line. The overall size of the residence (after additions) will not be out of character with other properties in the general area with respect to lot coverage and massing. Additionally, the pool will be located in a side yard area which has been utilized as a rear yard space in the past. There is playground -type equipment within the south portion of this yard space. With the fence and landscaping as proposed, the pool will not be very visible from the adjacent streets. The proposed six (6) foot tall fence between the 20 foot side building line and the street will not be out of character with other fences and screening walls in this general area. The fence will be located back far enough as to create no sight - distance problems at the intersection of Beechwood Street and Crestwood OCTOBER 26, 2009 ( ITEM NO.: 3 (Con't.) Drive, nor at the access drive at the northeast corner of the property (drive from Beechwood Street to garage). Staff believes the requested building additions, pool and fence construction will have no adverse impact on the adjacent properties or the general are. The applicant will also be constructing a new front porch on the south side of the residence which will conform to setback requirements. C. Staff Recommendation: Staff recommends approval of the requested setback and fence height variances, as filed. BOARD OF ADJUSTMENT: (OCTOBER 26, 2009) Carolyn Lindsey was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of approval. Carolyn Lindsey addressed the Board in support of the application. Scott Smith noted concern with the proposed pool setback from the front property line. The issue of the 60 foot front setback requirement was briefly discussed. Mr. Smith noted that the accessory building could be torn down with the pool placed in the rear yard area. Ms. Lindsey explained that it would be difficult to fit the pool in the rear yard area. She noted that there was much more room for landscaping in the side yard area. Mr. Smith noted that putting the pool in the rear yard area would eliminate the fence issue. The fence issue was briefly discussed. Ms. Lindsey explained that the intent was to not cross the 20 foot side building line with the pool. The issue of landscaping around the pool area was discussed. Mr. Smith further expressed concern with the fence and pool variances. The issue of fence placement on other properties in the area was discussed. The issue of landscaping around the pool area was also further discussed. There was a motion to approve the application, subject to the following condition: 1. Full landscape screening must be installed along the fence to screen the pool area from the adjacent streets. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was approved. teary Lindsey Architecti.a September 25, 2009 Mr. Monte Moore Department of Neighborhoods and Planning 723 West Markham Little Rock, AR 72201 RE: Zoning Variance Application for Frazier Residence, 4600 Crestwood Dr. Dear Monte, . f4,_ --14 3 We are requesting a zoning variance at 4600 Crestwood Dr. to allow the following: 1) Reduced front setback to allow swimming pool in the side yard. 2) Reduced rear 25' setback for the purpose of connecting to the existing accessory structures. 3) Installation of a 6 ft. high fence between the building setback line and the street right-of-way. Although the site consists of two lots, it is a corner site that is pie -shaped to the rear. The original house was pushed back away from both the front building line and the side building line creating very little rear yard. The side yard has traditionally functioned as their "back yard" with a play structure in the southeast corner. The play structure will be removed and we are requesting a variance to allow a swimming pool to be constructed in the side yard east of the house. To stay within the platted building line to the east and to stay the required minimum of 6 ft. from the house necessitated pulling the pool forward to 32 ft. from the front property line in lieu of the 60 ft. required. A standard rectangular residential swimming pool is 36 ft. x 18 ft. Our proposed pool is 36 ft. x an average of 20 ft., although it narrows to 12 ft. on the north end. To move the pool further away from the front property line would narrow that 12 ft. dimension. An enclosed, heated and cooled accessory structure and a two -car carport currently exist in the rear yard. We are proposing to add 5.5 ft to the front of and enclose the existing carport, turning it into a two -car garage with storage. We are requesting a variance to allow us to connect the main house to the existing accessory structures that will reduce the rear yard to 12 ft. at the new garage front, 3 ft. at the existing carport (turned garage) back and 9 ft. at the existing enclosed accessory structure. Since 97.2% of the new construction complies with the setbacks the encroachment into the rear setback is minimal, impacting the scenario at the rear property negligibly. To provide security and safety, we are requesting a variance to allow the installation of a 6 ft. high fence (stone piers with wrought iron panels) 3 ft. off the east property line between the platted building line and the street right-of-way. We plan to install mature landscaping along 3416 Old Cantrell Road Little Rock, Arkansas 72202 501-372-5940 Fax: 501-663-0043 the outside (street side) to provide a visual barrier. Once again, this will allow the side yard to better function as the true outdoor space for this house. We will open up the original side porch on the east and add a covered front porch where a rock patio currently exists. The additions respect the 8 ft. side yard setback, the front and side building lines and have gabled roofs with gutters and downspouts. The exterior is constructed of brick and stone at the first floor level and stucco at the second floor level to match the existing construction. It is of interest to note that the house at 5124 Crestwood in Prospect Terrace has a pool in the side yard. It is well hidden behind an iron fence and tall, thick landscaping. Also, the house at 5241 Edgewood in Prospect Terrace has a tennis court in the side yard with a stone and wood 5'-10" fence encroaching into the front setback. Thank you for your time and consideration. Sincerely, Carolyn A. indsey, AIA FILING DATE ADOPTED: October 26, 2009 BOARD OF ADJUSTMENT CALENDAR OF MEETING DATES 2010 NOTICE DEADLINE MEETING DATE 11-20-09 12-11-09 12-21-09 12-18-09 01-15-10 01-25-10 01-22-10 02-12-10 02-22-10 02-19-10 03-19-10 03-29-10 03-26-10 04-16-10 04-26-10 04-23-10 05-14-10 05-24-10 05-28-10 06-18-10 06-28-10 06-25-10 07-16-10 07-26-10 07-23-10 08-20-10 08-30-10 08-27-10 09-17-10 09-27-10 09-24-10 10-15-10 10-25-10 10-22-10 11-19-10 11-29-10 11-19-10 12-10-10 12-20-10 NOTE: (1) All Board meetings to be held at 2:00 P.M. unless otherwise changed by the Board. (2) Agenda meeting to be held at 1:30 P.M. in the Board Conference Room on meeting date. NOTICE: AN INTERPRETER WILL BE PROVIDED FOR THE HEARING IMPAIRED UPON REQUEST. REQUEST SHOULD BE MADE TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT AT LEAST TWO WORKING DAYS PRIOR TO THE SCHEDULED MEETING DATE. • 0 • 0 iyO U W w W H O Z W 2 a L o P.M W Q z N W Q t, ~ W 0 J m LU E Uj�_ J > m ~w o Z W_ Z O� � F- Z J Lli_0 co O m _ LU w uj O m = r-) z U z P: OO Z I UJ F- --1� LLI D > W m W J 0= m ~ o z v z �(��'S car)>� P.M W Q z N W Q ~ W 0 J m LU E Uj�_ J > m ~w o Z O Q Z O� � F- Z z co O w _ LU w uj O m = r-) z U z P: (D . . I >- --1� P.M W Q z N W Q October 26, 2009 There being no further business before the Board, the meeting was adjourned at 2:34 p.m. Date: i Chairman Secretary