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
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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.
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October 26, 2009
There being no further business before the Board, the meeting was adjourned at 2:34 p.m.
Date:
i
Chairman Secretary