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boa_10 27 2008�0 LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES OCTOBER 27, 2008 2:00 P.M. Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. Approval of the Minutes of the Previous Meetings The Minutes of the September 29, 2008 meeting were approved as mailed by unanimous vote. III. Members Present Members Absent Terry Burruss, Chairman Scott Smith James Van Dover Robert Winchester David Wilbourn, Vice Chairman City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA OCTOBER 27, 2008 2:00 P.M. OLD BUSINESS: A. Z-7931 -A 401-409 President Clinton Avenue B. Z-8391 10 Deauville Circle C. Z-8392 1114 Jefferson Street D. Z-8397 421 President Clinton Avenue/ Z-8410 10720 Kanis Road 100 Commerce Street 1 2. 3. 4. 5. 6. 7. 8. 9. EW BUSINESS: Z -3371 -BB 8 Colonel Glenn Plaza Drive Z -5246-A 7524 Baseline Road Z -7486-A 5501 Stonewall Road Z -8239-A 7 Longfellow Circle Z-8402 28 Willow Oak Court Z-8409 5216 Edgewood Drive Z-8410 10720 Kanis Road Z-8411 3221 W. Markham Street 2009 Board of Adjustment Calendar W • _ Skid Ou 1lgtlBIH1 831Ztla3 O U) /// 1/ � g a _ p W i W O � Npw939 _ n n4-J ro U1 0 0 �! NItlW AVMOV089 HJap c: '1M0 O r� '—` a 1531-1O ONIk lW a3H3a0 � o (D _ BONn a MON000M Skid 1 �!S _ `V 3NId zo N`4Yb M e 8tl0 NO"IwV 11005 y AlIsa3AINi1 AN d 81V3 AlIS83AINN yr o J �ON18dj 83439 S3HonH z Idd5S Iw a 6 _ N 1001HO 810n83S38 M088V8 NHO' 3 h � 3 G _ Oa0331kOVH; RW i ON 31k o _Iaays WVHapd 43N008 aw_ NY 09 11WI1 39018 AWIA W K6�1 LO C�i4SP� V NVAI71O5 110311 ys�b/Y iD C O S11WIl A110 O� 44P 1-91f? CIO 3ltlON83f O m OCTOBER 27, 2008 ITEM NO.: A File No.: Z-7931 -A Owner: Central Arkansas Library System Applicant: Ed Sergeant/PSRCP Architects Address: 401-409 President Clinton Avenue Description: South side of President Clinton Avenue, between Rock and Commerce Streets Zoned: UU Variance Requested: Variances are requested from the sign provisions of Section 36-353 to allow signage, which varies from the River Market Design Overlay District standards. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Commercial Building Proposed Use of Property: Library STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The UU zoned property at 401-409 President Clinton Avenue contains new building construction and renovation of existing buildings for the Arkansas Studies Institute (Central Arkansas Library System) and Clinton School of Public Service. On September 25, 2005 the Board of Adjustment approved variances associated with the new building construction and signage plan for the property. Work is progressing on the new building construction and building renovation. The applicant is now requesting to add four (4) signs to the previously approved signage plan for the property. The signs are labeled as "J" through "M" on the attached site plan and sketches. The proposed additional signs are as follows: OCTOBER 27, 2008 ( ITEM NO.: A (CON'T.) • Sign "J" — 50 square foot wall sign on the north side of the building ("Clinton School of Public Service"), located on the third story level of the building. • Sign "K" — 50 square foot wall sign on the south wall of the building ("Arkansas Studies Institute"), located on the third story level of the building. • Sign "L" — 100 square foot wall sign on the south wall of water tank building feature (Arkansas Studies Institute "logo"), located above the third story level of building. • Sign "M" — 30 square foot wall sign on the east wall of the building ("Arkansas Studies Institute"), located on the third story level of the building. Section 36-353(c)(1)a. of the City's Zoning Ordinance (sign criteria for River Market District) requires that signs not extend above the second floor window sill of a building. Section 36-353(c)(2) allows a maximum sign area of 25 square feet per sign. Section 36-353(a)(1)h. requires that signs face public street right-of-way, except those permitted on facades facing the Arkansas River. Section 36-353(c)(1)b. allows a maximum of three (3) signs per business. Therefore, the applicant is requesting variances from these ordinance standards to allow all four (4) signs to be located above the second floor windowsill and to be greater than 25 square feet in area, and to have more than three (3) total signs (four) for the Arkansas Studies Institute. Additionally, a variance is requested to allow the sign on the east facade with no direct street frontage. Staff is supportive of the requested sign variances. Staff believes the development and redevelopment plan for this property is a quality one, which will be a very nice addition to the River Market District and overall downtown area. The River Market Design Review Committee reviewed the proposed signage plan on August 8, 2008 and approved the proposed signs as submitted. The overall area of proposed signage is minimal, given the overall area of building fagade associated with the development. With respect to the number of sign proposed, the development has three (3) street frontages, with the east building fagade being separated from Commerce Street by a parking lot owned by another party. Staff believes the proposed additional signs for the proposed development will have no adverse impact on the adjacent properties or general area. C. Staff Recommendation: Staff recommends approval of the requested sign variances, subject to a sign permit being obtained for each sign. OCTOBER 27, 2008 ITEM NO.: A (CON'T.) BOARD OF ADJUSTMENT: (AUGUST 25, 2008) Staff informed the Board that the application needed to be deferred to the September 29, 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 September 29, 2008 Agenda as recommended by staff with a vote of 4 ayes, 0 nays and 1 absent. Staff Update: On September 2, 2008, the applicant submitted a letter to staff requesting this item be deferred to the October 27, 2008 Agenda. Staff supports the deferral request. BOARD OF ADJUSTMENT: (SEPTEMBER 29, 2008) Staff informed the Board that the applicant requested the application be deferred to the October 27, 2008 Agenda. Staff supported the deferral request. 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. -r7�3�'_ APPLICATION FOR A NON-RESIDENTIAL ZONING VARIANCE COVER LETTER July 24, 2008 The ARKANSAS STUDIES INSTITUTE (ASI) is a joint venture between The Central Arkansas Library System and the University of Arkansas at Little Rock. The Center will serve as a public library which will house under one roof the CAL's Butler Center for Arkansas History, the UALR Archives and Special Collections and the Clinton Gubernatorial Papers Project which will include the Institute of Arkansas Governmental Studies. This project was reviewed and variances granted by the Board of Adjustment at its meeting September 26, 2005, Case No. Z-7931. ASI is currently under construction in the 400 block of President Clinton Avenue in the River Market District of Little Rock, Arkansas. It includes the adaptive re -use of the Geyer and Adams and Budget Furniture Buildings with a new addition on the Rock Street or west side. The building is built to all property lines. It adjoins President Clinton Avenue to the north, Rock Street to, the west (owned by CALS with utility easements). and alleys to the east and south. The alley and parking lot to the south are owned by CALS. The variances are requested since the building is visible from all sides and contains several public agencies and tenants. While the building functions internally as one, it has several doors on the street which provide separate points of access for its patrons. Separate street addresses on President Clinton Avenue have been assigned to accommodate their needs: 401 —Arkansas Studies Institute, 405 — Geyer and Adams tenant, 407 — Budget Building tenants on levels 2 and 3 and 407 —Budget Building Museum. Raver Tim Heiple, Chair Market Shannon Jeffery -Light, Member Design Frank Porbeck, Member Review Ann Ann Wait, Member Jackson, Member Committee Planning and Development e 723 W. Markham a Little Rock, Arkansas 72201 0 501-371-479.0 • fax 501-399-3435 August 13, 2008 Board of Adjustment .723 West Markham' Little Rock, AR 72201 Re: Arkansas Studies Institute Chairman and Members, V4"t_ 4 _N 2-793-4 The River Market DRC met on August 12, 2008 and reviewed the signage at 401-409 President Clinton Ave. for Arkansas Studies Institute. The DRC approved the signage as submitted. The final vote was 5 yes, 0 noes and 0 recusals. Thank you, Brian Minyard River Market DRC Staff OCTOBER 27, 2008 ITEM NO.: B File No.: Z-8391 Owner: Valley Home Builders Applicant: Kevin Hannah Address: 10 Deauville Circle Description: Lot 28, Block 85, Chenal Valley Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36- 254 and the building line provisions of Section 31-12 to allow a new single family residence with reduced front setback and which crosses a platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 10 Deauville Circle is occupied by a two-story brick and rock single-family residence which was recently constructed. The property is located on the north side of Deauville Circle and backs up to Chenal Valley Drive. There is a two -car wide driveway from Deauville Circle which serves as access. The lot contains a 25 foot front platted building line. The property is located approximately six (6) feet above the grade of the street. When the house was constructed, the garage portion (one-story) of the house was constructed slightly over the 25 foot front platted building line. The main portion of the house, including front step structure, is located well behind the building line. The garage portion is located 22 to 23 feet back from the front (south) property line, crossing the front platted building line by two (2) to three (3) feet. OCTOBER 27, 2008 ITEM NO.: B (CON'T.) Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 31-12(c ) of the Subdivision Ordinance requires that encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances to allow the garage portion of the house with a reduced front setback and to cross the front platted building line. Staff is supportive of the requested variances. Staff views the request as relatively minor. The front of the garage portion of this house lines up with the front of the house immediately to the west. Because of the curvature of Deauville Circle, the house will not have the appearance of being out of alignment with the residences to the east and west. As noted previously, the property is located approximately six (6) feet above the grade of Deauville Circle, which made it more difficult to measure the setback from the front property line. The minor building line encroachment was not noted by the City's building code inspectors during the construction of the residence. Staff believes the proposed front setback and building line encroachments will have no adverse impact on the adjacent properties or the neighborhood. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the new residence. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested variances, subject to the completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. 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 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. Kevin Hannah Construction #2 Germay Court Little Rock, AR. 72223 501-804-1263 Planning Committee, My company has built a house on lot 28, of block 85 in the "Deauville" subdivision of Chenal Valley. This is a spec house that we are trying to sell. We currently have a buyer that wants the house but will not close unless I can get this variance issue resolved. I have also discovered that if I do not get a variance, none of the title companies will issue a potential buyer clear title then we would never be able to sell the. house. The house is roughly 80 or more feet in width. If you refer to the recent final survey we did, you can see that there is a section of the garage that crosses over the building set back line by a couple of feet. The rest of the house is fine except for this little bump out on the front. We have done over thirty homes in the Chenal area and never had this happen. I think we may have missed because the house is way up high and difficult to get and exact measure from the pin. Or maybe because the road starts to curve at this point and it is difficult to get a measure spot. We passed all of our city inspections, including the foundation inspection, during the construction process. We have also received our certificate of occupancy for the house. Either way, it still crosses the line for a small piece. The house has fabulous curb appeal and sets in the neighborhood very nicely. Because all these homes are up on hills, there is no way to tell if one piece sticks out a few feet more than the neighbors. Therefore it is my hope that you will approve a new building line for this site or a variance to cover this small piece in front that crosses the building line. This will enable us to sell the house. Thanks. Thank you for your consideration on this process. Sincerely, Kevin Hannah OCTOBER 27, 2008 ITEM NO.: 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 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: Event 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 OCTOBER 27, 2008 ( ITEM NO.: C (CON'T.) variance from this ordinance requirement for use of the building with no off- street parking. 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. 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 meeting 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 ARCHITECTS RBW:ddn ` T, I 2200 MAIN STREET + LITTLE ROCK, AR 72206 + PH (501) 372-2230 + FAX (501) 372-2261 + www.woods(,a.coln `!;' OCTOBER 27, 2008 ITEM NO.: D File No.: Z-8397 Owner: Arkansas Democrat -Gazette, Inc./City of Little Rock Applicant: Jimmy Moses Address: 421 President Clinton Avenue/100 Commerce Street Description: Lots 4-6, Block 8, Pope's Addition Zoned: UU Variance Requested: A variance is requested from the height provisions of Section 36-342.1 and 36-356 to allow new building construction which exceeds the maximum height allowed. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Parking Lot and Police Substation Proposed Use of Property: Hotel and Commercial Uses STAFF REPORT A. Public Works Issues: No Comments. Staff Update: On September 17, 2008, the applicant submitted a letter to staff requesting this item be deferred to the October 27, 2008 Agenda. Staff supports the deferral request. BOARD OF ADJUSTMENT: (SEPTEMBER 29, 2008) Staff informed the Board that the applicant requested the application be deferred to the October 27, 2008 Agenda. Staff supported the deferral request. 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. OCTOBER 27, 2008 ITEM NO.: D (CON'T.) Staff Update: On October 6, 2008, the applicant submitted a letter to staff requesting this application be withdrawn. The applicant has filed to rezone the property to "PCD" Planned Commercial Development on the Planning Commission's November 13, 2008 Agenda. Staff supports the withdrawal request. BOARD OF ADJUSTMENT: (OCTOBER 27, 2008) Staff informed the Board that the applicant requested the application be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn as recommended by staff with a vote of 4 ayes, 0 nays and 1 absent. OCTOBER 27, 2008 ITEM NO.: 1 File No.: Z -3371 -BB Owner: Riverside Properties, LLC Applicant: Bram Keahey, Taggart Foster Currence Gray Architects Address: 8 Colonel Glenn Plaza Drive Description: Lot 11, 1 -430 -Colonel Glenn Commercial Subdivision Zoned: C-4 Variance Requested: A variance is requested from the sign provisions of Section 36- 557 to allow a sign without public street frontage. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Automobile Dealership STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The C-4 zoned property at 8 Colonel Glenn Plaza Drive is located on the west side of Colonel Glenn Plaza Drive, south of Colonel Glenn Road and immediately north of the Rave Theatre development. There is currently an automobile dealership being developed (foundation work) on the property. The development will consist of a single building near the center of the site, with parking and auto display on all sides. Access drives from Colonel Glenn Plaza Drive and Colonel Glenn Court will serve the site. As part of the development signage plan, the applicant is proposing to place a wall sign on the north facade of the building as noted on the attached elevation sketch. The wall sign will be approximately 110 square feet in area and located near the northeast corner of the building on the north facade. The area of the sign will represent only a very small percentage of the north building fagade area (less than 5 percent). OCTOBER 27, 2008 ITEM NO.: 1 (CON'T.) Section 36-557(a) of the City's Zoning Ordinance requires that wall signs face public street frontage. Therefore, the applicant is requesting a variance from this ordinance standard to allow the wall sign on the north building fagade. The signage plan for the site also includes a wall sign on the front (east fagade) of the building, a ground -mounted sign and incidental signage (service, parts, etc.). Staff is supportive of the requested variance. Staff views the request as reasonable. The proposed wall sign without street frontage occupies only a small percentage of the overall north fagade area. The sign is also not out of character with other wall signs in the area. The Board of Adjustment recently approved a wall sign without street frontage for the branch bank to the northeast. Staff believes the wall sign on the north fagade will aid in identifying the development to oncoming traffic from Colonel Glenn Road to the north, and will have no adverse impact on the surrounding properties. C. Staff Recommendation: Staff recommends approval of the requested sign variance, subject to sign permits being obtained for all signage. BOARD OF ADJUSTMENT: (OCTOBER 27, 2008) 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 by a vote of 4 ayes, 0 nays and 1 absent. September 26, 2008 City of Little Rock Department of Planning and Development 723 West Markham St. Little Rock, AR 72201 RE: Mercedes-Benz New Dealership — Signage Variance 48 Colonel Glenn Plaza Drive Dear Planning Commission, PARTNERS Charles D. Foster A.I.A. Jerry E. Currence A.I.A. George W. 'Bill" Gray A.I.A. ASSOCIATES Paul Michael Callahan A.I.A. Jay A. Gillespie Bram S. Keahey Gary D. Clough, A.I.A. Harold McGary, A.I.A. J�* �_'- 337 /-017 Thank you for considering the Variance Request for the above referenced Project. The Owner is requesting a variance from the Ordinance Section 36-557 (a) that requires all on -premises wall signs to face street frontage. The following reasons are our justification for supporting a variance: 1) The slope of the adjacent properties (high at the Rave Theatre to the low point at Colonel Glenn) supports the designed height of the building's tall wall. The new building is located in the middle of that gradient slope. The tall wall is designed to mimic the tall scale of the Rave Theater above the site and be easily seen from Colonel Glenn below the site. 2) Colonel Glenn is the busiest street in the area and the tall wall will be viewed from that major artery. 3) The Rave Theatre has a similar "steeple" element (signage that extends above the roofline) as its entry signage. Similarly, our parapet wall extends above the roofline and serves as a "steeple" element which is decorated by the Mercedes-Benz "star" logo on the north elevation. 4) The tall accent wall and logo are prescribed Mercedes-Benz features of the building's architecture. The tall wall's construction, exterior material selection, and color are designed around (and are apart of) the MB "star". In our view, the "star" is considered more of an architectural element than simply building signage. Therefore, because of our location and visibility to Colonel Glenn and architectural nature of the signage, we hope you find this application with favor. We appreciate your consideration of the variance and hope we have the opportunity to discuss this further with you. Again, thank you for your time and please feel free to call with any questions. Sincerely, TAGGART. FOSTER. CURRENCE. GRAY. ARCHITECTS, INC. Bram S. Keahey, AIA Project Architect TAGGART • FOSTER • CURRENCE • GRAY ARCHITECTS, INC. 4500 Burrow Drive North Little Rock, Arkansas 72116 (e-mail) foster@taggarch.com ( Phone) 501-758-7443 ( Fax) 501-753-7309 OCTOBER 27, 2008 ITEM NO.: 2 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 OCTOBER 27, 2008 ( ITEM NO.: 2 (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. EL CE NTE NARI O September 12, 2008 To: BARD OF ADJUSTME NT We, EI Centenan 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 (5 01) 612-5J 95 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 30th, 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 15t' 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 term 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. Date enteario Pool Hall �t� Date - Baseline Realty LLC OCTOBER 27, 2008 ITEM NO.: 3 File No.: Z -7486-A Owner: Deane and Judith Baldwin Applicant: Mike Hedrick Address: 5501 Stonewall Road Description: Part of Lots 1 and 2, Block 22, Newton Addition Zoned: R-2 Variance Requested: A variance is requested from the fence/wall provisions of Section 36-516 to allow a wall/fence with a height which exceeds the maximum allowed. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 5501 Stonewall Road is occupied by a two-story single family residence. The property is located at the southwest corner of Stonewall Road and N. Polk Street. There is a two -car wide driveway from Polk Street which serves as access to a garage on the east side of the house. There is an existing masonry wall along the rear (south) property line. The wall is six (6) feet high as viewed from the rear yard of 5501 Stonewall Road and approximately seven (7) feet high as viewed from the property immediately to the south. The applicant recently placed a 20 -inch high wrought iron extension on top of the wall along the south property line, for an overall height ranging from 7.67 feet to 8.67 feet. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence/wall height of six (6) feet in residential zoning. Therefore, the applicant OCTOBER 27, 2008 ITEM NO • 3 (CON'T.) is requesting a variance to allow the fence/wall along the south (rear) property line to have a height of 7.67 to 8.67 feet. Staff is supportive of the requested variance. Staff views the request as reasonable, based on the fact that the top 20 inches of the fence/wall structure is non-opaque iron work. The proposed fence/wall as constructed is not out of character with other fences and walls in this general area. As long as the top 20 inches of the fence/wall structure is maintained as wrought iron and not opaque, staff believes the fence/wall will have no adverse impact on the adjacent properties or the neighborhood. There is one (1) single family residence immediately south of this property, with office and commercial uses just further south along Kavanaugh Blvd. C. Staff Recommendation: Staff recommends approval of the requested fence/wall variance, subject to the following conditions: 1. A building permit must be obtained for the fence/wall construction. 2. The top 20 inches of the fence/wall structure must be maintained as wrought iron and non-opaque. BOARD OF ADJUSTMENT: (OCTOBER 27, 2008) 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 by a vote of 4 ayes, 0 nays and 1 absent. City of Little Rock Planning and Development3 Mr. Monte Moore, Zoning and Enforcement Administrator_ 723 West Markham Street, 1 st Floor Little Rock, Arkansas 72201-1334 September 25, 2008 Re: Residential Zoning Variance 5501 Stonewall Road, Little Rock, Arkansas Dear Mr. Moore: The situs of this property is less than one hundred feet from the intersection of Kavanaugh Boulevard and Polk Street, which is a very busy commercial area. For the following reasons my husband and I, after living here for more than two years wanted some relief from some hard lessons learned by living in close approximation to a commercial area. That is when we thought to add an ornamental wrought iron trim to the wall that separates our very small back area from the noise of the streets and businesses on Kavanaugh. Deane Baldwin spoke with the only neighbor affected by the ornamental wrought iron screening, and she expressed no opposition, in fact she responded positively, placing some of her greenery and growing vines twining them artistically into the narrow bars of the wrought iron trim. No one, not the iron fabricator, not the builder of this house and most humbly ourselves never thought about needing city permission as the screening is composed of airy large sort of squares and very beautiful by anyone's ideal. The following are the reasons we wanted this wrought Iron trim: 1. We were unaware of zoning restrictions and felt we were helping the neighborhood. 2. Boise from Cafe Prego, Kavanaugh Boulevard, U.S. Pizza, the United States Post Office could be diminuted and/or screened somewhat. 3. Feral and Domesticated cats roam the garbage from the numerous food establishments and then walk our wall, jumping into our begonia flower pots and defecating. 4. Everyone in my family is allergic to cat dander except Dr. Baldwin and also have sensitive noses. 5. Environmental reasons as we envisioned a cool, green screen of vines enhancing our privacy and our neighbor's privacy. She is already as I said above, twining beautiful vine into her side of the wrought iron trim. 6. We have no dirt on our side of the fence, so we are growing an ivy in long pots to cover the trim and it has reached the lower side and looks beautifully cool and green. 7. Aside from the feral cats, little children climb the wall and at danger to themselves, sit, climb and walk on the wall. This wrought iron trim will prevent any little children from injury. Mothers cannot be everywhere and Dr. Baldwin has devoted his life to the care of children. 8. Our next -door -neighbor has an out building which encroaches upon our property by a little over a foot. It is a wooden structure and the wrought Iron Trim screens this good sized house somewhat and will screen it more when covered with vines. Our lot was already small, and to run into this problem called for a neighborly solution, which the wrought iron trim provides. 9. The wrought iron trim was complete when the lady from zoning called Mrs. Baldwin. 10. The wrought iron trim contributes to the security of our property. If there is any more information that you would need such as pictures of the cat(s) and the wrought iron trim. If you would need to view the Iron trim, we or our Builder will be happy to show it to you. My Builder's name and address is as follows: Mike Hedrick 809 Gillette Drive Little Rock, AR 72205 Phone: 501-517-6601 Our name and address is as follows: Dr. Deane and Judith Baldwin 5501 Stonewall Road, Little Rock, ARkansas 72207 Phone: 501-603-5311 OCTOBER 27, 2008 ITEM NO.: 4 File No.: Z -8239-A Owner: ELOPAC, LLC/Carole Meyer Applicant: Jack Hartsell Address: 7 Longfellow Circle Description: Lot 7R, Longfellow Circle Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36- 254 and the building line provisions of Section 31-12 to allow a single family residence with reduced front and rear setbacks and which crosses a front platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: 1. Measures to control stormwater drainage should be implemented to not cause damage onto adjacent property from the increased impervious surface. B. Staff Analysis: The R-2 zoned property at 7 Longfellow Circle is occupied by a two-story rock and frame single family residence which is in the process of being constructed. The property is located on the east side of Longfellow Circle and backs up to the Country Club of Little Rock golf curse. The single family lot contains a 20 foot front platted building line. There will be a driveway at the southwest corner of the property leading to a garage at the south end of the residence. On July 30, 2007, the Board of Adjustment approved setback and building line variances associated with the new residence. The front step structure was approved to cross the front platted building line and extend to the front property line. The residence was also approved with a rear setback ranging from 10'-10" to 52 feet from the rear (east) property line. OCTOBER 27, 2008 ITEM NO.: 4 (CON'T.) When the house was laid out on the property, it was rotated slightly bringing the southwest corner of the structure over the 20 foot front platted building line by approximately 1.5 feet. The north half of the residence also shifted slightly closer to the rear (east) property line, with the closest point being approximately seven (7) feet back from the rear property line. The applicant also redesigned the front step structure, pulling it back approximately 5.5 feet from the front property line. It does however extend slightly (north and south) outside the re -platted front building line. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum setback of 25 feet from the rear property line. Section 31-12 of the Subdivision Ordinance requires that encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow a reduced rear setback for the proposed residence and the residence's step/landing structure and the southwest owner of the house to cross the front platted building line. Staff continues to be supportive of the requested variances. Staff's continued support is based primarily on the fact that the lot has an unusual shape with a fairly shallow depth at its north end (85 feet), combined with the lot's topography. The southwest corner of the lot is approximately 22 feet higher than the northeast corner. The applicant has chosen to work with the grade of the land instead of constructing a rather high retaining wall(s) within the north portion of the lot. Because of this, the step/landing structure on front of the house is needed for access to the residence, as the front porch is several feet above grade. Staff believes the proposed residence with reduced setbacks will have no adverse impact on the adjacent properties or the neighborhood. As noted previously, the property backs up to the Little Rock Country Club property and golf course. The applicant should review the Bill of assurance for the neighborhood to assure that the proposed residence complies with the height and area standards. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the step/landing structure and southwest corner of the residence. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested setback and building line variances, associated with the new residential structure, subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. OCTOBER 27, 2008 ITEM NO.: 4 (CON'T.) 2. The step/landing structure must remain uncovered and unenclosed on the north, south and west sides. 3. Compliance with the Public Works requirement as noted in paragraph A. of the Staff Report. BOARD OF ADJUSTMENT: (OCTOBER 27, 2008) 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 by a vote of 4 ayes, 0 nays and 1 absent. I am seeking a set back variance for the home site at #7 Longfellow Circle. The property is on a side hill lot, and the proposed home will be mainly be one level. The house had to be repositioned so the owners could access their garage, which made the northeast corner closer to the property line than on the original survey. We would greatly appreciate your approval. Jack Hartsell OCTOBER 27, 2008 ITEM NO.: 5 File No.: Z-8402 Owner: Gerald Robert Garrison Applicant: Lenice Garrison Address: 28 Willow Oak Court Description: Lot 38, Block 7, Parkway Place Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36- 254 to allow a building addition with reduced rear setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: Measures to control stormwater drainage should be implemented to not cause damage onto adjacent property from the increased impervious surface. B. Staff Analysis: The R-2 zoned property at 28 Willow Oak Court is occupied by a one-story frame single family residence. There is a two -car driveway from Willow Oak Court at the northeast corner of the property. There is an open drainage ditch which runs along the rear (west) property line of the lot. There is also a wood deck on the rear of the structure which is uncovered and approximately ten (10) feet above grade, as the property slopes downward to the rear property line. The deck is located 15 feet back from the rear (west) property line. The applicant is proposing to remove the deck structure from the residence and construct a one-story room addition on the rear of the structure, as noted on the attached site plan. The room addition will be approximately 12 feet by OCTOBER 27, 2008 ( ITEM NO.: 5 (CON'T.) 52 feet in area, or approximately 624 square feet. The proposed room addition will maintain the same 15 foot rear setback as the existing deck structure. The rear 15 feet of the lot is a drainage and utility easement. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for R-2 zoned lots. Therefore, the applicant is requesting a variance from this ordinance standard to allow the room addition with a 15 foot rear setback. All other setbacks comply with ordinance standards. Staff is supportive of the requested variance. Staff views the request as reasonable. Staff's support is based primarily on the fact that the single family lot in question is only approximately 89 feet deep. Single family lots typically have depths of over 100 feet, as 100 feet is the minimum depth allowed by ordinance. The shallow depth of the lot greatly reduces the buildable area, as compared to other lots in the area. In addition, the single family homes to the west are set back approximately 25 feet from their rear property lines, so more than adequate separation will exist between these structures and the residence at 28 Willow Oak Court. Staff believes the proposed room addition with reduced rear setback will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested setback variance, subject to the following conditions: 1. The addition must be constructed to match the existing residence. 2. Compliance with the Public Works requirement as noted in paragraph A. of the Staff Report. 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. Request for Variance -T ;?— �, �Ic?— The residence in question has a pre-existing deck. The applicant would like to replace that deck with a sunroom. The proposed sunroom would be the same width as the existing deck, but extend to the full length of the house. There is a rainwater collection drainage area that separated this property from three of the five properties that are within the notice area. At present privacy landscaping is along this drainage area in the form of trees and shrubs that block view of the deck to adjoining properties. This landscaping would remain. Nothing else will be changed from it's present state except the length of the room versus the deck and the room would be an attractive permanent addition to the existing residence. Therefore the applicant is requesting a 15 foot set back that is in existence for the deck rather than the 25 foot set back allowed for a room. The 25 foot set back would not allow a room of useful size to be built. Thank you, Lenice Garrison OCTOBER 27, 2008 ITEM NO.: 6 File No.: Z-8409 Owner: Jerry and Janna Bishop Applicant: Janna Bishop Address: 5216 Edgewood Road Description: Lot 44, Prospect Terrace Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36- 254 to allow a building addition with reduced side setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: Measures to control stormwater drainage should be implemented to not cause damage onto adjacent property from the increased impervious surface. B. Staff Analysis: The R-2 zoned property at 5216 Edgewood Road is occupied by a two-story stucco and frame single family residence. The property is located on the north side of Edgewood Road and backs up to "O" Street. There is a one -car wide drive from Edgewood Road at the southeast corner of the property. A two- story accessory building is located at the northeast corner of the lot. The applicant is proposing to construct a one-story addition at the northwest corner of the residence, as noted on the attached site plan. The addition will be approximately 800 square feet in area, and extend approximately nine (9) feet from the west wall of the structure and 18 feet from the rear (north) wall of the residence. The southwest corner of the addition will be located 3.5 feet from the west side property line, with the northwest corner of the addition OCTOBER 27, 2008 i ITEM NO.: 6 (CON'T.) having a side setback of 5.5 feet. The addition will be located over 40 feet from the rear (north) property line. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of 7.65 feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance from this ordinance standard to allow a side setback ranging from 3.5 to 5.5 feet from the west side property line. All other setbacks conform to ordinance standards. Staff is supportive of the requested variance. Staff views the request as reasonable. The requested reduced side setback will not be out of character with many other lots in this single family neighborhood south of "O" Street. Staff typically supports this type of reduced side setback for one-story additions. The residence immediately to the west is located at least 10 feet back from the dividing side property line. Therefore, adequate separation will exist between the two (2) residences. Staff believes the proposed addition with reduced side setback will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested setback variance, subject to the following conditions: 1. The addition must be constructed to match the existing residence. 2. Compliance with the Public works requirement as noted in paragraph A. of the Staff Report. BOARD OF ADJUSTMENT: (OCTOBER 27, 2008) 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 by a vote of 4 ayes, 0 nays and 1 absent. Janna and Jerry Bishop C 5216 Edg ewood Little Rock, AR 72207 Little Rock Planning and Development Commission ` 723 West Markham Little Rock, AR 72205 To whom it may concern;, We are requesting a variance from the zoning ordinance for our residence located at 5216 Edgewood Road, Little Rock, AR 72207, also known as lot 44 of Prospect Terrace. We are planning to renovate and expand our existing kitchen and half bath and add a new den and outdoor living space. Due to the unusual shape of our lot which is somewhat pie shaped it reduces the buildable area on the southwest part of our lot. Our current set back would allow us to add 4'4" to the most southwest corner of our proposed addition. We are wanting to build out q', Moving back from that corner to the northeast we would only require what is noted in our survey which shows our lot widens from 73' to 80' in the rear. Thank you for your consideration in this matter. Should you have any further questions please do not hesitate to contact us at 501-663-7747. Sincerely, Janna Bishop OCTOBER 27, 2008 ITEM NO.: 7 File No.: Z-8410 Owner: Arkansas Farm Bureau Federation Applicant: Gary Keathley Address: 10720 Kanis Road Description: Northeast corner of Kanis and Shackleford Roads Zoned: O-3 Variance Requested: Variances are requested from the sign provisions of Section 36- 553 to allow two (2) ground -mounted signs with increased height and area. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Arkansas Farm Bureau Offices Proposed Use of Property: Arkansas Farm Bureau Offices STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The 0-3 zoned property at 10720 Kanis Road is occupied by the Arkansas Farm Bureau Campus. The property is located at the northeast corner of Kanis and Shackleford Roads, with Interstate 430 along the east property boundary and an interstate on-ramp along the north property line. The main Arkansas Farm Bureau office building is located within the east half of the property, with paved parking located between the building and Shackleford and Kanis Roads. There is a daycare building (for the Arkansas Farm Bureau campus) located at the southeast corner of the property. Access drives from Kanis and Shackleford Roads serve the development. There are three (3) existing ground -mounted signs on the property. There is a sign on a masonry wall at the southeast corner of the property, a concrete monument -type sign near the southwest corner of the property and a monument -type sign near the northwest corner of the development. OCTOBER 27, 2008 ( ITEM NO.: 7 (CON'T.) The applicant is proposing to replace the two (2) signs at the northwest and southwest corners of the property with new signs. The existing sign near the southeast corner of the property will remain. The proposed sign near the northwest corner of the property will be 12 feet by 24 feet (288 square feet) in area and 20 feet tall. It will be an electronic messaging sign. The proposed sign near the southwest corner of the property will be a monument -type sign with an area of approximately 180 square feet and a height of seven (7) feet. This sign will consist of a five (5) foot high rock base, with two (2) foot high letters on top. Section 36-553(a)(2) of the City's Zoning Ordinance allows ground -mounted signs (one per street frontage) in office zones with maximum areas of 64 square feet and maximum heights of six (6) feet. Therefore, the applicant is requesting variances from these ordinance standards to allow the proposed ground -mounted signs at the northwest and southwest corners of the property with increased areas and heights. Staff does not support the variances, as requested. Staff cannot support the proposed sign at the northwest corner of the property. The proposed sign is over three (3) times the maximum allowed sign height in office zones and 4.5 times larger than the maximum area. The proposed sign is approaching the size of billboard signage and staff feels it does not meet the purpose and intent of signage in office zoning for identifying office developments. Staff does support the variances for the sign at the southwest corner of the property. Although the sign is much larger in area than typical office signage, the majority of the sign area is comprised of the masonry sign base, with only approximately 40 square feet in sign copy. Staff believes this sign will blend in well with the topography and vegetation at the southwest corner of the property and have no adverse impact on the general area. C. Staff Recommendation: Staff recommends approval of the requested variances associated with the proposed ground -mounted sign at the southwest corner of the property. Staff recommends denial of the requested variances associated with the proposed ground -mounted sign at the northwest corner of the property. BOARD OF ADJUSTMENT: (OCTOBER 27, 2008) Gary Keathley was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of approval of the proposed sign at the southwest corner of the property, subject to the following conditions: 1. A sign permit must be obtained for the sign. OCTOBER 27, 2008 ITEM NO : 7 (CON'T.) 2. The existing sign near the southwest corner of the property must be removed with construction of the new sign. Staff recommended denial of the variances associated with the proposed sign at the northwest corner of the property. Gary Keathley addressed the Board in support of the application. He gave a brief description of Arkansas Farm Bureau. He explained that the proposed electronic sign at the northwest corner of the property would be primarily for community service messages. He provided a photo of the proposed sign to the Board. James Van Dover asked if the messages on the sign would be only public service messages. Mr. Keathley noted that the messages would be public service and would also advertise services offered by Arkansas Farm Bureau. There was a discussion of the proposed size of the sign at the northwest corner of the site. Mr. Keathley noted that the size needed to be as proposed, so the sign could be easily seen. Debra Weldon, City Attorney, explained that the City typically does not regulate sign content, but that the proposed sign could not advertise anything off-site. Dana Carney, of the Planning Staff, noted that the Board could not approve an off -premise sign. He explained that the proposed sign could only advertise services offered by Arkansas Farm Bureau at 10720 Kanis Road. He noted that the State also had regulations for off -premise signs. Chairman Burruss noted that he had no problem with the sign at the southwest corner of the property, but could not support the sign at the northwest corner. There was a motion to approve the variances associated with the sign at the southwest corner of the property, as recommended by staff. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. These variances were approved. There was a second motion to approve the variances associated with the sign at the northwest corner of the property. The motion failed by a vote of 0 ayes, 4 nays and 1 absent. These variances were denied. W17TENBERG DELONY & DAVIDSON ARCHITECTS September 26, 2008 /I �' Board of Adjustment Y City of Little Rock do The Department of Planning and Development 723 West Markham Little Rock, AR 72201 Re: Arkansas Farm Bureau Federation Signage Variance Request Gentlemen: Enclosed you will find the information related to Arkansas Farm Bureau Federation's request for variance related'to the size of signage for two signs to be erected on the thirteen acre site. One sign will be at the north end of the property. it would be an electronic billboard sign approximately 12' tall and 24' wide. The top of the sign would be approximately 20' above the existing grade. This sign will be located in the general area of the existing static Farm Bureau logo sign at the same area of the property. It is the desire of Arkansas Farm Bureau to be able to display timely public messages to benefit the citizens of the city of Little Rock_ The second sign will be located at the southwest corner of the thirteen acre property at the corner of Kanis and Shackleford Road. The actual sign is approximately 2' tall, but sits atop a wall 5' high. This exceeds the allowable square footage area allowed for the zoning in question. The purpose of this sign is to further enhance the ability of the property for those visitors outside of the city of Little Rock. Your consideration for these requests would be greatly appreciated. On behalf of Arkansas Farm Bureau, WITTENBERG, DELONY & DAVIDSON, INC. Thomas R. Adams, AIA President jh 400 W. CAPITOL AVENUE SUITE 1800 LITTLE ROCK AR 72201-4806 501/376-6681 5011376-0231 FAX OCTOBER 27, 2008 ITEM NO.: 8 File No.: Z-8411 Owner: Steve Thomas and Nanette Harrell Applicant: Tracie Kelley Address: 3221 W. Markham Street Description: West half of Lots 23 and 24, Block 4, C.S. Stifft's Addition Zoned: R-3 Variance Requested: A variance is requested from the area provisions of Section 36- 255 to allow a building addition with reduced rear setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: 1. Measures to control stormwater drainage should be implemented to not cause damage onto adjacent property from the increased impervious surface. B. Staff Analysis: The R-3 zoned property at 3221 W. Markham Street is occupied by a two-story brick and frame single family residence. The property is located at the southeast corner of W. Markham and Brown Streets. The property is comprised of the west half of two (2) platted lots, with the west property line (along Brown Street) being the platted front of the property. There is a one -car wide driveway from Brown Street and a shared driveway from W. Markham Street, along the east side of the residence. There is also a small circular driveway along the W. Markham Street frontage. The applicant is proposing to remove a portion of the southeast corner of the residence, including a stoop and step structure, and construct a two-story addition, as noted on the attached site plan. The addition will include a garage OCTOBER 27, 2008 ITEM NO.: 8 (CON'T.) on the first floor, with living space above. The roofline will match the existing house. The proposed addition will be located approximately 28 feet back from the front (west) property line, 8.5 feet from the side (south) property line and 13 feet from the rear (east) property line. There will be a new driveway from Brown Street leading to the new garage addition. Section 36-255(d)(3) of the City's Zoning Ordinance requires a minimum rear (east) setback of 25 feet for this R-3 zoned lot. Therefore, the applicant is requesting a variance from this ordinance standard to allow the proposed building addition with a reduced rear setback. Staff is supportive of the requested variance. Staff views the request as reasonable. The overall lot coverage as proposed will not be out of character with other single family lots in the area. If the garage addition were built as a separate accessory structure, three (3) foot side (south) and rear (east) setbacks would be allowed, and the overall lot coverage would be similar to what is proposed. The single family home to the south is located approximately 10 feet back from the dividing side property line, with the residential structure immediately east being set back approximately 14 feet. Therefore, adequate separation will exist between the proposed addition and the adjacent structures. Staff believes the proposed building addition with reduced rear setback will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested setback variance, subject to the following conditions: 1. The addition must be constructed to match the existing residence. 2. Compliance with the Public Works requirement as noted in Paragraph A. of the Staff Report. BOARD OF ADJUSTMENT: (OCTOBER 27, 2008) David and Tracie Kelley, Steve Thomas and Nanette Harrell were present, representing the application. There were no objectors present. Staff presented the application with a recommendation of approval. Tracie Kelley addressed the Board in support of the application. She stated that she had no comments to add to the staff presentation. Scott Smith briefly discussed the possible impact the addition would have on adjacent properties. He asked about the height of the proposed addition. David Kelley explained that the eave line of the proposed addition would not exceed the eave line of the existing house. There was a brief discussion related to the proposed driveway from Brown Street. OCTOBER 27, 2008 i ITEM NO.: 8 (CON'T. Chairman Burruss asked about the space above the garage addition. Mr. Kelley explained that it would be space for a new master bedroom and bath. There was a brief discussion regarding the widening of the curb cut at Brown Street. Mr. Kelley noted that the curb cut could be a one -car wide driveway (12 feet wide) between the street and property line, and widen to a two -car wide driveway within the property. The application was amended accordingly. There was additional discussion regarding the proposed building addition, including the shared access drive along the east property line. There was a motion to approve the application, as recommended by staff and amended by the applicant (one -car wide driveway from Brown Street as described above). The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was approved as amended. vcr )c Vo VV. I�rc 1Qr, uv�.. cviyIso3str p.[ 71. i (;trtM( Conm\ct RB 1 i P -G Bo)c 3163 Lack R.o& was 12203 t#cc; 501.993.5= 1:amimi(c: 501.9 (5.4684 `+e�.ru^mbcF 2ti. 2i.�8 VIA Hand Delivered Department Of Planning and Development 723 W, 'Markham Little hock, Arkansas 72201 ATTN: Monte Moore Re: Variance Request. Residential Addition, R-3 (South) 322 1 W. Markham Little Rock, Arkansas 72 205 Request: 13 fl. Reduced Rear Setback (East) On behalf of my clients mr. Stene Thomas and Nanette Harrell located at address as referenced above, I am requesting a i aft- rear set back variance. The home is located on a comer lot specifically described as: W 1/2 LOT 23, 24 Block 4. Said request is for the construction purposes of an additron to the home which will include a Master Bedroom -Bath, over a two car pass-through garage. 2 -STORY. Said request is being made for the following reasons; 'The size of the for is very shallow at only 70'. AJI other setbacks shall comply with ordinance standards. Passthrough garage must accommodate two cars side by side. The garage must be con- structed approx. 36X22. The height of said construction shall not exceed the homes current roof line. "Placement needs an additional t 3ft. variance due to it's limitations on size and to refrain from encroaching on the build line. 'The rear of the lawn has a sloping issue creating flooding into the home. Said sloping shall be removed and corrected during the construction process. According to the Zoning Regulations. Section 36-255 R-3, (3), justification for an eight foot variance is granted. However, due to the nature and scope of the construction as outline herein, a 1 3ft. variance is proper, Thankyou for your consideration. Please let me know should you have any additional questions or concerns. I look forward to speaking with you. Respectfully submitted. TJ Kelley .1 Associates. Inc. By-, Tracie J. Kelley, Pres., CED For. Steve Thomas and Nanette Han -ell. Owner(s1 FILING DATE ADOPTED: BOARD OF ADJUSTMENT CALENDAR OF MEETING DATES 2009 NOTICE DEADLINE MEETING DATE 11-21-08 12-12-08 12-22-08 12-19-08 01-16-09 O 1-26-Q9 01-23-09 02-13-09 02-23-09 02-20-09 03-20-09 03-30-09 03-27-09 04-17-09 04-27-09 04-17-09 05-08-09 05-18-09 05-22-09 06-19-09 06-29-09 06-26-09 07-17-09 07-27-09 07-24-09 08-21-09 08-31-09 08-28-09 09-18-09 09-28-09 09-25-09 10-16-09 10-26-09 10-23-09 11-20-09 11-30-09 11-20-09 12-11-09 12-21-09 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. r L 0 V C� G �� 11 z LU U) m W ¢ z October 27, 2008 There being no further business before the Board, the meeting was adjourned at 2:37 p.m.