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boa_10 31 2005LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES OCTOBER 31, 2005 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 Meeting The Minutes of the September 26, 2005 meeting were approved as mailed by unanimous vote. III. Members Present: Members Absent: Andrew Francis, Chairman Terry Burruss, Vice Chairman Fletcher Hanson Debra Harris David Wilbourn City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA OCTOBER 31, 2005 rII-u OLD BUSINESS: ITEM NO.: FILE NO.: A. Z-7929 II. NEW BUSINESS: ITEM NO.: FILE NO.: LOCATION: 305 President Clinton Avenue LOCATION: 1. Z -4711-A 2600 N. Grant Street 2. Z -7037-A 601 Main Street 3. Z -7055-A 1509 Mart Drive 4. Z-7941 4610 Crestwood Drive 5. Z-7942 3601 Katherine Street 6. Z-7943 5201 Sherwood Road 7. Z-7944 400 W. Markham Street 8. Z-7945 4910 Kavanaugh Blvd. 9. Z-7946 Southwest Corner of Asher Avenue & Mary Street 10. Z-7947 Southeast Corner of Frazier Pike & Slackwater Harbor Drive 11. 2006 Board of Adjustment Calendar sll%n Allo � i le 0 AWDS 0 3MId N3RVN3 nnveoa 1 � c W 0x10 NVVC kilo NW simn kilo r SIMS V Allo LO Q) Q) N �M W O U N OCTOBER 31, 2005 ITEM NO.: A File No.: Z-7929 Owner: Melton Properties Applicant: Jamie Garrett, Big Impressions Address: 305 President Clinton Avenue Description: South side of President Clinton Avenue, between Cumberland Street and Ottenheimer Plaza Zoned: UU Variance Requested: Variances are requested from the sign provisions of Section 36- 553 to allow additional commercial signage. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Commercial STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The UU zoned property at 305 President Clinton Avenue is occupied by a two- story commercial building. The ground floor of the building is occupied by Ten Thousand Villages, a commercial business. Ten Thousand Villages went before the River Market Design Review Committee (DRC) in May of this year and received approval of awnings with signage, a sandwich board sign and a sign on the window glass. None of these signs required any variances. The business is now before the Board of Adjustment requesting variances for two (2) additional signs. The applicant recently placed a projecting sign on the OCTOBER 31, 2005 ITEM NO.: A (CON'T.) second level of the building and a sign on the glass portion of the front door to the business, as noted in the attached photos. The first requested variance is from Section 36-353(c)(1) of the City's Zoning Ordinance (River Market Design Overlay District guidelines). This section allows a maximum of three (3) signs per business in the River Market District. The two (2) additional signs proposed will bring the total number of signs to five (5). The second requested variance is from Section 36-353(e)(1)b. This section states the "Height of projecting signs shall not extend past the sill of the second story windows." The projecting sign which was recently placed on the building is located entirely above the sills of the second story windows, and was placed on existing brackets. The final requested variance is from Section 36-353(e)(2)a., and also involves the projecting sign. This section states that "Projecting signs shall have a maximum of twelve (12) square feet of sign face per sign." The projecting sign in question has an area of approximately 13.6 square feet. The applicant proposes to illuminate this sign with lighting that will be compatible with existing lighting on other projecting signs in the district. The River Market Design Review Committee reviewed this request for additional signage on October 11, 2005. The DRC voted to deny the request for the projecting sign and the sign on the door. See the attached letter from River Market DRC staff for additional information. It has been staff's past practice to support the River Market Design Review Committee in their review and recommendations for variances in the River Market District. Therefore, staff cannot support the requested variances, as filed. As noted in the attached DRC letter, the DRC suggested that the applicant meet with the business owner, prioritize the signage needs and submit an amended application to the Board of Adjustment. To staff's knowledge, this has not taken place, as no amendments to the application have been requested. C. Staff Recommendation: Staff cannot support the requested sign variances, as filed. BOARD OF ADJUSTMENT: (SEPTEMBER 26, 2005) Staff informed the Board that the River Market Design Review Committee was scheduled to review this application at its September 13, 2005 meeting. The applicant OCTOBER 31, 2005 ITEM NO.: A (CON'T. was not present at that meeting. Therefore, the DRC will re -hear the item on October 11, 2005 as per their bylaws. Staff recommended this application be deferred to the October 31, 2005 Board of Adjustment Agenda to allow time for the DRC review and recommendation. The item was placed on the Consent Agenda and deferred to the October 31, 2005 Agenda by a vote of 5 ayes and 0 nays. BOARD OF ADJUSTMENT: (OCTOBER 31, 2005) Staff informed the Board that the applicant submitted a letter requesting the application be deferred to the November 28, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the November 28, 2005 Agenda by a vote of 4 ayes, 0 nays and 1 absent. bi i7aapressi®ns 08/26/2005 City of Little Rock Board of Adjustment & Design Review Committee 723 West Markham Street Little Rock, AR 72201 Attention: Monte Moore & Brian Minyard T -t -g'- 4 1823 South Scott Street Little Rock, Arkansas 72206 501-301-9031 ph. 501-301-9032 fax http://www.big-impressions.biz swallace@big-impressions.biz jgarrett@big-impressions.biz Re: Ten Thousand Villages Zoning Variance On behalf of Ten Thousand Villages we respectfully request that a variance for a blade sign & an additional window sign be granted. Carrying out the strict letter of the zoning regulation in this instance would not be a reasonable use of this property. To avoid the hardship created by lack of visibility of the business front signage due to the existing landscape granting a variance from the regulation would be in harmony with the general purpose and intent of the Zoning Ordinance and preserves its spirit, and granting the variance would assure the public safety and welfare and produce substantial justice. Thank you in advance for your consideration of this matter. Sincerely, Jamie Garrett Big Impressions, LLC 1823 Scott Street Little Rock, A.R. 72206 501-301-9031 '� ©� ` River Market o XDesign j Review Committee Tim Heiple, Member Shannon Jeffery -Light, Member Frank Porbeck, Member Ann Wait, Member Millie Ward, Member Planning and Development • 723 W. Markham • Little Rock, Arkansas 72201 • 501-371-4790 • fax 501-399-3435 October 12, 2005 1 Board of Adjustment 723 West Markham Little Rock, AR 72201 Re: 10000 Villages / October 31, 2005 agenda Chairman and Members, The River Market DRC has reviewed the Ten Thousand Villages additional signage at the October 11, 2005 meeting. The DRC has denied your submittal of the Projecting Sign and Sign on door. The final vote was 1 aye, 2 noes 1 recusal and 1 open position. The item failed for lack of three positive votes. The summary of the item heard was that the number of signs was too great in addition to the two variances associated with the projecting sign. If the representative present at the meeting would have been able to speak for the business and had the authority to reduce the number of the signs, a different result could have taken place. The committee and Staff suggested that the applicant get with the business owner prior to the BOA hearing and prioritize the signage so that an amended application could be taken to the BOA. Thank you, Brian Minyard River Market DRC Staff OCTOBER 31, 2005 ITEM NO.: 1 File No.: Z -4711-A Owner: Dr. Bradley Hughes Address: 2600 N. Grant Street Description: Lot 7 and the south '/2 of Lot 8, Block 21, Park View Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 to allow a carport with reduced setbacks and increased rear yard coverage. 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. Relocate existing fence out of right-of-way or obtain franchise permit from Public Works. Contact John Barr at 371-4646 for further information. B. Staff Analysis: The R-2 zoned property at 2600 N. Grant Street is occupied by a one-story frame single family residence. The property is located at the northwest corner of N. Grant Street and "X" Street. There is a one-story frame accessory building near the rear property line. There is also an existing concrete parking pad at the southwest corner of the property, with an access drive from "X" Street. A six foot high wood fence which encloses the rear yard runs along the north, east and west sides of the concrete pad. The applicant proposes to construct a 20 foot by 20 foot carport over the existing parking pad. The proposed carport will be unenclosed and constructed and painted to match the existing single family home. The proposed carport will be located '/2 to 1 foot from the street side (south) OCTOBER 31, 2005 ITEM NO.: 1 (CON'T.) property line and one (1) foot from the rear (west) property line. The carport with the existing accessory building will cover approximately 34 percent of the required rear yard (near 25 feet of the lot). Section 36-156(a)(2)f. of the City's Zoning Ordinance requires minimum three (3) foot side and rear setbacks for accessory buildings in R-2 zoning. Additionally, Section 36-156(a)(2)c. allows a maximum rear yard coverage of 30% for accessory buildings. Therefore, the applicant is requesting variances from these ordinance standards to allow the proposed carport structure. Staff is supportive of the requested variances. Staff views the request as reasonable. The area at the southwest corner of the property appears to have been used for parking for a number of years. Covering this area will add to the intensity of the use very little. The proposed carport structure will not be out of character with other accessory buildings in this general area which have reduced street side setbacks. As long as the structure remains unenclosed, staff feels that it will have no adverse visual impact as the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the variances associated with the proposed carport structure, subject to the following conditions: 1. The carport structure must remain unenclosed on all sides. 2. The carport structure must be constructed and painted to match the existing single family home. BOARD OF ADJUSTMENT: (OCTOBER 31, 2005) 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 3 ayes, 0 nays and 1 absent and 1 abstention (Francis). E October 13, 2005 Board of Adjustment City of Little Rock Little Rock, Arkansas Dear Board of Adjustment, This letter is written in support of my petition for a variance on my property at 2600 North Grant. It is my desire to constuct a carport to provide protection from the elements and to enhance the aesthetic appearance and value of my home. The carport will be designed to be consistent with the architecture of my home in that roof lines will be similar and colors will match. There is an existing off street parking pad off of "X" street which has long been used for parking personal vehicles. The carport will be built by professionals and designed to cover this area. Currently, the parking pad is surrounded on three sides by existing fences with the fourth side being the street access. The carport will be contained within the fence lines on all sides and will not extend closer to the street than the existing fence line. This is an older neighborhood characterized by a mixture of cottages and mansions. The decision to build a carport rather than a garage was an effort to minimize the visual impact on the area. Furthermore, this carport will preserve all of the current old-growth trees on the property. I have personally contacted adjacent neighbors, and found no objection to this plan. Thank you for your consideration. Sincerely, Dr. Bradley/ M. Hughes OCTOBER 31, 2005 ITEM NO.: 2 File No.: Z -7037-A Owner: Arkansas Repertory Theater Address: 601 Main Street Description: Southeast Corner of West 6th and Main Streets Zoned: UU Variance Requested: A time extension is requested for previously approved sign variances. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Professional Live Theatre Proposed Use of Property: Professional Live Theatre STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: On May 21, 2001, the Board of Adjustment approved variances to allow banner signs to be located on the Arkansas Repertory Theatre building and on a street light pole at 601 Main Street. Five (5) banner signs (3 feet by 5 feet) attached to the second level of the building, two (2) banner signs (4 feet by 12 feet) attached to the corner of the third floor, and a banner attached to the street lamp pole outside the Rep's front door were approved. The banner signs were approved for a period of two (2) years with the following conditions: 1. A franchise must be obtained to coincide with the Board's approval. 2. The banners must be maintained in good condition, otherwise they must be removed. 3. The banner signs are to contain no commercial message and are to only include the identification of the location as "The Rep, Share the Experience." OCTOBER 31, 2005 ITEM NO.: 2 (CON'T.) A copy of the May 21, 2001 minute record and previous staff analysis is attached for Board review. On August 25, 2003, the Board of Adjustment granted a two (2) year time extension for the previously approved variances. The Arkansas Repertory Theatre is now requesting a second two (2) year time extension on the previous approved variances. Staff is supportive of the additional two (2) year time extension. Staff continues to be hopeful that similar revitalization as has occurred in the River Market will begin to occur along Main Street. The banner signs will continue to add "increased visibility and enhanced visual atmosphere" for the Arkansas Repertory Theatre. A recent inspection of the site by staff revealed that the banner signs were in very good condition. Staff's previous and current support is based on the Repertory Theatre being a cultural attraction and the banners not containing a commercial message. C. Staff Recommendation: Staff recommends approval of the requested two (2) year time extension for the use of the banner signs for Arkansas Repertory Theatre at 601 Main Street, subject to compliance with the three (3) conditions of the previous approval, as listed in paragraph B. of this report. BOARD OF ADJUSTMENT: (OCTOBER 31, 2005) 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. 1861 Arkansas Repertory Theatre Mr. Monty Moore City of Little Rock 723 W. Markham Little Rock, AR 72201 September 2, 2005 Dear Mr. Moore, Arkansas Repertory Theatre respectfully requests an extension on a previously granted zoning variance that allows us to hang decorative identification banners from our building. The original variance, valid for two years, was granted in the summer of 2001 and extended another two years in the summer of 2003. We would like permission to leave them up for another two years, or, if possible, for a time exceeding two years. The banners are in good condition, and we often receive compliments on Robert Hupp them. They are not only an enhancement for The Rep, but also for Main Producing Artistic Director Street. I have enclosed our 2005-2006 small season brochure, which shows some of the banners on the back cover. P.O. Box 110 601 Main Street Little Rock, AR 72203-0110 501.378.0445 Administration 501.378.0405 Box Office 501.378.0012 Fax www.therep.org Thank you for your consideration. We look forward to hearing from you soon. Sincerely, ice;, IL-,s� Becca Gardner Director of Marketing & Public Relations May 21, 2001 — -7o3-7-4 Item No.: 11 C 3,2 File No. Z-7037 ✓y`��� l Owner: Arkansas Repertory Theater Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: Staff Report: A. Public Works Issues: 601. Main Long Legal, Original City WIN Variances are requested from the sign provisions of Section 36-557 and the Development Criteria of Article V, Division 6 of Chapter 36. The applicant's justification is presented in an attached letter. Professional Live Theatre Professional Live Theatre Franchise will be required for banners extending over or located within the public right-of-way. B. Staff Analysis: The Arkansas Repertory Theatre is located in the building on the UU zoned property at 601 MainStreet. In an effort to increase the theatre's visibility and to enhance the visual appeal of the block, the theatre proposes to hang decorative banners on the building's fagade. The theatre proposes to hang five, 3 feet by 5 feet banners to hang perpendicular to the building on the second level; two, 4 feet by 12 feet banners to hang at the corner on the third level and one banner to hang on the street lamp pole outside the front door. Article V, Section 6 of Chapter 36, the UU District, prohibits ground -mounted signs but. states that .otherwise, signs are to be regulated and permitted as elsewhere in the City. Section 36-557 of the Code limits the placement of May 21, 2001 Item.No.: 11 (Cont.) banners to one per street frontage, for a specific length of time. Permit guidelines require the banners to be mounted flush against the wall. Staff is supportive of the requested variances. The Repertory Theatre is a cultural attraction that will benefit from the increased visibility and enhanced visual atmosphere created by the banners. The banners will not advertise, hours of operation or individual events. Each banner will simply read "The Rep -Share the Experience." Encouraged by the success of the River Market District, staff is hopeful that similar revitalization can begin to occur on the north/south streets, particularly Main Street. There is a large "gap" in activities available on Main Street, between the Markham intersection and the South Main area that includes Juanitas and Community Bakery. The recent announcement that the Center Theater will be renovated and reopened adds to the hope that the "Mid -Main" area is on the verge of rebirth. Staff would suggest that the banners be approved for a period of 2 years,. with Board of Adjustment review for possible continuation. The Board can.then review the issue in the context -of any changes which may occur along Main Street. All of the proposed banners are located either over or in the public right-of-way and a franchise will be required to coincide with the Board's approval. Again, staff's support is based on the Repertory Theatre being a cultural attraction and the banners not having a commercial message. C. Staff Recommendation: Staff recommends approval of the requested variances to allow the Banners for a period of two years only, with additional Board action required to allow placement beyond that point subject to compliance with the following conditions: 1. A franchise must be obtained to coincide with the Board's approval. 2. The banners must be maintained in good condition, otherwise they must be removed. 2 May 21, 2001 Item No.: 11 (Cont.) 3. The banners are. to contain no commercial message and are to only include the identification of the location as "The Rep, Share the Experience." BOARD OF ADJUSTMENT: ..(MAY 21, 2001) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent. 3 OCTOBER 31, 2005 ITEM NO.: 3 File No.: Z -7055-A Owner: S.C.R., LLC. Applicant: Bill Sims, Sign Systems, Inc. Address: 1509 Mart Drive Description: Lot 13 A, Mart Inc.'s Replat of Tract 13, Riverside Commercial Park Addition Zoned: C-3 Variance Requested: A variance is requested from the sign provisions of Section 36- 555 to allow a ground sign with reduced setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Commercial STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The C-3 zoned property at 1509 Mart Drive is occupied by a one-story commercial building. The property is located on the east side of Mart Drive, south of Old Cantrell Road. There is paved parking on the south and west sides of the building, with a paved access drive from Mart Drive. The applicant proposes to place a new ground -mounted sign at the northwest corner of the property. The proposed sign will be nine (9) feet in height and 12.5 square feet in area. The sign will be located less than one (1) foot inside the front (west) and north side property lines. The front property line is the inside boundary of the existing sidewalk. OCTOBER 31, 2005 ITEM NO.: 3 (CON'T.) Section 36-555(b) of the City's Zoning Ordinance requires a minimum setback of five (5) feet from any property line for commercial ground -mounted signs. Therefore, the applicant is requesting a variance to allow the reduced front and side setbacks for the proposed sign. Staff is supportive of the requested variance. Staff views the request as reasonable. As noted in the applicant's cover letter, the new commercial building on the property immediately to the north blocks the view of the existing wall signs at 1509 Mart Drive from the Old Cantrell Road right-of-way. The proposed sign location is the most reasonable alternative for sign visibility for this property. The proposed sign will be located behind the existing sidewalk and next to a short masonry wall. Therefore, there are no clearance issues with the sign. Additionally, the proposed sign is relatively small for what is allowed in commercial zoning (maximum height of 36 feet and maximum area of 160 square feet). Staff feels the proposed sign 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 sign. 2. The sign is for this business (Louie's Unique Framing and Gallery) only. If this business ceases to use the sign, it must be removed from the property or receive additional approval from the Board of Adjustment. BOARD OF ADJUSTMENT: (OCTOBER 31, 2005) 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. E ignS stems SIGNS of P16TINCTION September 7, 2005 Board of Adjustment Department of Planning and Development 723 West Markham Little Rock, AR 72201 501-371-4790 Fax: 371-6863 -4-3 2-70,55-4 SignSystems, Inc. is requesting a zoning variance to Little Rock Code 36-555 (b) for property located at 1509 Mart Drive, owned by S.C.R., L.L.C. and occupied by tenant Lewis Zimmerman, D/B/A Louie's Unique Framing & Gallery. SignSystems, Inc. is seeking to erect a small double-faced street sign on the Northwest corner of the property. This location exceeds the ordinance's allowance of 5 feet minimum setback from the property line. The sign is in compliance of all other ordinance's provisions. The primary reason for the variance request is the recent construction of a new commercial retail building at the corner of Mart Drive and Old Cantrell Road. This new structure completely blocks all visibility of applicant's tenant's businesses from Old Cantrell Road, a major traffic artery for this business district. Adhering to the ordinance's current setback and placement stipulations would result in completely denying visibility of tenant in question and would deny the tenant the business of drive- by, impulse customers. If S.C.R., L.L.C. cannot provide to their tenants adequate identification, the possibility exists that said tenants would seek a more visible location from which to do business. This lack of visibility has the potential of not only create undue hardship upon the property owner, but also to the tenant in question. SignSystems, Inc. respectfully extends its appreciation to the Board of Adjustment for their consideration of this variance request. Sincerely, Bill Sims Executive Consultant P.O. Box 6064 Jonesboro, AR 72403 870-931-1761 Fax 870-931-7920 800-416-4458 www.signsystemsl.com OCTOBER 31, 2005 ITEM NO.: 4 File No.: Z-7941 Owner: Sharla Anne Goodman Address: 4610 Crestwood Drive Description: Lots 13 and 14, Cliffewood Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a carport addition with a reduced front setback and which crosses a front platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The R-2 zoned property at 4610 Crestwood Drive is occupied by a two-story brick and frame single family residence. The property is located at the northeast corner of Crestwood Drive and Palm Street. There is a two -car wide concrete drive from Palm Street at the northwest corner of the property which serves as access. There is a 25 foot front platted building line along the west property line. The applicant proposes to construct a 22 foot by 22 foot carport structure over a portion of the existing driveway, as noted on the attached site plan. The proposed carport will be attached to the home and unenclosed on the north, south and west sides. The carport will cross the 25 foot platted front building line by two (2) feet to four (4) feet, resulting in a front setback of 21 to 23 feet. OCTOBER 31, 2005 ITEM NO.: 4 (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 from these ordinance standards to allow the proposed carport addition. The applicant is also planning to construct a new front porch addition and a new accessory building near the northeast corner of the lot. These additional features comply with ordinance standards and require no variances. Staff is supportive of the requested variances. Staff views the request as very minor. Only a minimal encroachment across the front platted building line is proposed. Given the curvature of the street in front of the residence, the carport structure will not have the appearance of being closer to the front property line than the residential structures to the north. Additionally, the fact that the carport structure will be unenclosed will lessen any visual impact on the adjacent property or the general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the carport addition. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the variances associated with the proposed carport addition, subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. 2. The carport addition must remain unenclosed on the north, south and west sides. 3. The carport addition must be constructed and painted to match the existing single family home. BOARD OF ADJUSTMENT: (OCTOBER 31, 2005) 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. 2 September 21, 2005 _ 77 Department of Planning & Development 723 West Markham Little Rock, AR 72201 RE: 4610 Crestwood Dr. Ladies and Gentlemen, I am requesting a variance from the applicable zoning ordinances for the renovation of my primary residence, a single family dwelling located at 4610 Crestwood Drive. I am requesting a variance in order to construct a covered carport which will be open on three sides. The variance is necessary because the southwest corner of the planned carport exceeds the front set back line by 1 foot 4 inches. This space is needed to accommodate the geography of my lots. The lots curve and in order to achieve minimum depth of 22 feet for the carport, I must build the southwest support column 1 foot 4 inches over the front set back line. Enclosed are the requested copies of a recent survey, the application, applicable fees, the site planned prepared by architect Jim Yeary, and the Bill of Assurance for the Cliffwood Addition. I hope that after review of my application and the enclosed documents, you will grant me the variance requested. S. Anne Goodman 4610 Crestwood Dr. Little Rock, AR 72207 501-666-1411 OCTOBER 31, 2005 ITEM NO.: 5 File No.: Z-7942 Owner: Roland K. Bizzel Address: 3601 Katherine Street Description: Southeast corner of West 36th and Katherine Streets Zoned: R-2 Variance Requested: An administrative appeal is requested to allow parking of commercial vehicles in residential zoning. 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 and parking of commercial vehicles. STAFF REPORT A. Public Works Issues: 1. For commercial traffic, construct commercial driveway to right-of-way line. Construct commercial driveway apron per Public Works detail PW -39 and PW -34 excluding sidewalk. B. Staff Analysis: The R-2 zoned property at 3601 Katherine Street contains a one-story frame single family residence. The property is located at the southeast corner of Katherine and West 36th Streets. There is a paved driveway from Katherine Street which serves as access. The vacant lot immediately to the south contains a second newly paved driveway and a new gravel parking area within the rear portion of the lot. On August 15, 2005 the City's Enforcement Staff observed two (2) large cargo trucks and a large fifth wheel cargo trailer parked on the gravel area on the vacant lot next to 3601 Katherine Street. A courtesy notice was issued to Roland Bizzel to cease parking the commercial vehicles on the residential property, as per Section 36-512 of the City's Zoning Ordinance. On August 22, 2005 Mr. Bizzel submitted a letter to staff appealing the Courtesy Notice. Staff was unable to OCTOBER 31, 2005 ITEM NO.: 5 (CON'T.) approve the appeal. Therefore, Mr. Bizzel is appealing the administrative denial to the Board of Adjustment. The applicant, Roland Bizzell, is requesting an appeal of the Courtesy Notice and administrative denial in order to park the two (2) large cargo trucks and large cargo trailer on the residential lot next to 3601 Katherine Street. The John Barrow neighborhood association was notified of the public hearing. The Board of Adjustment is asked to determine if it is appropriate to allow the parking of the above described commercial vehicles on the R-2 zoned property at 3601 Katherine Street. Photos of the truck are attached for Board review. As noted above, Mr. Bizzel was issued the notice for violation of Section 36-512 of the City's Zoning Ordinance. Section 36-512 reads as follows: "Sec. 36-512. Commercial vehicle parking (prohibited). (a) Except as provided herein, no portion of any lot, tract or parcel of land zoned for residential usage, including districts "R-1" through "R - 7a" and "MF -6" through " MF -24", shall be utilized for the parking of commercial vehicles with a load carrying capacity of one (1) ton or greater. (b) For the purposes of this section, the following types of vehicles are expressly prohibited at any time. (1) All commercial tow vehicles or vehicle carriers. (2) Dump trucks, trash haulers, bulldozers and other earth haulers or excavation equipment. (2) Flatbed or stake bed trucks. (3) Trailers whose designed intent is storage or transport of material or equipment. (4) Trucks or buses used in inter -or intrastate commerce. (5) Vans, of one (1) ton or greater in load -carrying capacity. (6) School or church buses or vans of one (1) ton or greater in load -carrying capacity. (7) Street sweepers and vehicle -mounted vacuum devices intended for the cleaning of streets or parking lots." BOARD OF ADJUSTMENT: (OCTOBER 31, 2005) Staff informed the Board that the applicant submitted a letter requesting the application be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn by a vote of 4 ayes, 0 nays and 1 absent. �i Cover Letter _ 79 September 14, 2005 Department of Planning and Development 723 West Markham Little Rock, Arkansas 72201 Re: Application for Appeal This letter is written to request that the city allow me to park my commercial vehicles at my place of residence. I have (2) 20 ft box moving trucks and a 20 ft box trailer. I have spent over $10,000 in improvements to the property. I have improved the property by pouring a circular'asphalt driveway where there was once dirtand patches of grass and standing mud and water. I have spent an additional $3,000 on landscaping, yard work and yard ornaments. I feel that I have done a tremendous improvement to the property and most importantly the neighborhood. This corner used to be an eyesore for the neighborhood `and I have moved in the neighborhood to improve the property make a living. However, I am willing to accommodate the city to correct the problem. I am only asking that I be allowed to park my vehicles here at my residence. I am also receiving a letter of support from the local Neighborhood Association, according to Mrs. Doris Wright. Mrs. Wright expressed that she was delighted to see the improvements I had done to the property and would support me in any way she could. After speaking with the Planning and Development department, I am filing a Home Occupation Accessory Application and Instructions for Making Application for Appeals, of Administrative Action or Interpretive Requests paperwork. Please reconsider my request and allow me to park my vehicles here at my residence. Thank you in advance for your consideration. Sincerely, zzell 'Roland Bi OCTOBER 31, 2005 ITEM NO.: 6 File No.: Z-7943 Owner: Phyllis Storthz Applicant: Ellen Yeary Address: 5201 Sherwood Road Description: Lot 81, Prospect Terrace Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 and 36-254 and the building line provisions of Section 31-12 to allow building additions with reduced setback and separation and which cross a front platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 5201 Sherwood Road is occupied by a one-story brick and frame single family residence. There is a one-story garage at the southeast corner of the property, with paved access from the alley along the south property line. The lot contains a 30 foot platted front property line. The existing house extends across the front platted building line by approximately four (4) feet (existing nonconforming situation). The applicant proposes to make two (2) small additions to the front of the residence and a larger addition on the rear, as noted on the attached site plan. The front additions include a small five (5) foot wide covered entry and a bay window at the northwest corner of the structure. The covered entry will extend OCTOBER 31, 2005 ITEM NO.: 6 (CON'T.) across the front plated building line by approximately nine (9) feet (total) for a 21 foot front setback. The bay window will extend across the front platted building line by approximately two (2) additional feet for a 23 foot front setback. The rear addition includes a master bedroom addition at the southeast corner of the house, a breakfast room expansion at the southwest corner, and new deck between the two (2) additions. The proposed rear addition will be located approximately four (4) feet from the east side property line and six (6) feet from the west side property line. The addition will also be located approximately three (3) feet from the northeast corner of the existing accessory garage structure. All additions will be one-story construction. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for this R-2 zoned lot. Section 36-254(d)(2) requires minimum side setbacks of eight (8) feet. Section 36-156(a)(2)b. requires a minimum separation of six (6) feet between principal and accessory structures. Additionally Section 31-12(c ) of the Subdivision Ordinance requires proposed encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards for the proposed additions. Staff is supportive of the requested variances. The proposed additions to the front of the house are very minor in nature. Variances are needed for the side setbacks based on the fact that the side property lines angle in and are not perpendicular to the front property line. The existing house has reduced setbacks on both sides. The proposed additions are not out of character with other residences in this neighborhood which have been recently added to or are currently being redeveloped. Adequate space will exist between this structure and the adjacent structures to the east and west. Staff feels the proposed additions will have no adverse impact on the adjacent properties or the general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the proposed additions and existing structure. 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 associated with the proposed additions, subject to the following conditions: 1. The covered entry addition must remain unenclosed on the north, east and west sides. 2. Completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. 2 OCTOBER 31, 2005 ITEM NO.: 6 (CON'T.) BOARD OF ADJUSTMENT: (OCTOBER 31, 2005) 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. 3 Yeary Lindsey Architects 1 ~-6 September 21, 2005 ;2- 7743 Monte Moore Department of Neighborhoods and Planning 723 W. Markham Little Rock, AR 72201 RE: Zoning Variance for Storthz Residence. 5201 Sherwood Road (Lot 81 Prospect Terrace Addition) Dear Monte, We are requesting a zoning variance for the residence of Phyllis Storthz at 5201 Sherwood Road. The existing residence presently crosses the 25' front yard setback (which gradually curves parallel to the north property line) approximately 2" at the northeast and northwest front corners. We are requesting two new encroachments into the front yard setback and existing platted 30' building line. One is for a new open covered entry porch which would project 5' into the setback and be 9'-6" wide, with a gable roof pitched the same slope as the existing main hipped roof. The other is a new 8'-6" wide dining room bay window which would project no further than 2'- 4" (under the existing roof overhang) into the front setback area. Each of these changes would also require a variance to allow encroachment into the 30' platted front yard building line setback. All windows at the front fagade are being enlarged and replaced along with a new entry sidewalk, and these two elements requiring variances are being planned to enhance this `Face lift". We are also proposing a new master bedroom, bath and closet addition at the existing southeast corner of the house. This addition would require a variance to allow a reduced side yard setback from 6'-8" to 4' because of the configuration of the pie shaped lot. This new piece would also require a reduction of space between the main residence and an existing detached garage structure. We are proposing a 3' space between these two structures to allow adequate walking passage. Another proposed breakfast room bay addition will not require a side or rear yard variance, but we are proposing to replace an existing desk which was previously allowed to encroach 1.8' into the west side yard. This new deck would only project a maximum of 1' into the west side yard. Our plans are to update the existing one story house by replacing all windows, adding bays to enlarge existing spaces and constructing a new appropriately sized master suite addition. We feel these additions along with the new front entry piece will allow this house to be more in keeping with neighboring residences in both style and relative square footage. We appreciate your serious consideration of our request. Sincerely, Ellen Yeary, AIA 319 President Clinton Ave., Suite 201 Little Rock, AR 72201 501-372-5940 FX: 501-707-0118 OCTOBER 31, 2005 ITEM NO.: 7 File No.: Z-7944 Owner: Arkansas Riverview, LLC. Applicant: Gary Clough, Taggart Architects Address: 400 W. Markham Street Description: Lots 4, 5 and 6, Block 99, Original City of Little Rock and the east - west alley within Block 99, Original City of Little Rock. Zoned: UU Variance Requested: A variance is requested from the development provisions of Section 36-342.1 to allow balcony additions which extend further into the public right-of- way than permitted. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Office Proposed Use of Property: Office and Residential STAFF REPORT A. Public Works Issues: 1. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. B. Landscape and Buffer Issues: No Comments C. Staff Analysis: The UU zoned property at 400 West Markham Street contains a multi -story building which houses business offices, including the Bar Association. The property is bounded by West Markham Street to the south, LaHarpe Blvd. to OCTOBER 31, 2005 ITEM NO.: 7 (CON'T.) the north, Conway Street right-of-way to the east and a portion of the Spring Street right-of-way to the west. The applicant proposes to construct new balconies on the north, south and east sides of the existing building, as noted on the attached site plan, as part of the plan to add residential use within the building. The proposed balconies will be located over 70 feet above the finished grade. The balconies on the north side of the building extend five (5) feet over the LaHarpe Blvd. street right-of-way. The balconies on the east side of the building extend three (3) to six (6) feet over the Conway Street right-of-way. Section 36-342.1(c )(9)c. of the City's Zoning Ordinance requires that balconies in the UU Zoning District project no more than four (4) feet over a public right-of-way. Therefore, the applicant is requesting a variance from this ordinance standard to allow the balconies on the north side of the building and the balcony on the east side (at the northeast corner of the building) to extend more than four (4) feet over the LaHarpe Blvd. and Conway Street rights-of- way. Staff is supportive of the requested variance. Staff views the request as very minor. As noted previously, the balconies will be located over 70 feet above grade and should have no adverse impact on the LaHarpe Blvd. and Conway Street rights-of-way. The applicant has noted that the State Highway Commission will review the proposed balconies over LaHarpe Blvd. on November 9, 2005 to allow "air rights" for them. The applicant must also contact John Barr (371-4747) in the City's Public Works Department to obtain a franchise permit for the balconies which extend over Conway Street right-of- way. D. Staff Recommendation: Staff recommends approval of the requested variance associated with the proposed balconies, subject to the following conditions: 1. Compliance with the Public Works conditions as noted in paragraph A. of the staff report. 2. Approval from the State Highway Commission. 3. A franchise permit must be obtained for the encroachments over the Conway Street right-of-way. 7 OCTOBER 31, 2005 ITEM NO.: 7 (CON'T.) BOARD OF ADJUSTMENT: (OCTOBER 31, 2005) 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. 3 September 22, 2005 City of Little Rock Planning and Development 723 West Markham Street Little Rock, AR 72201 RE: 400 West Markham Street Little Rock, AR 72201 To Whom It May Concern: 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. We are applying for a zoning variance regarding the above referenced property. The variance we are seeking pertains to Section 36-342.1 of the Little Rock Code regarding balcony extensions into the Public Right -of -Way. We are seeking to extend the balconies a maximum of two (2) feet further into the Public Right -of -Way than currently allowed. The proposed balconies will occur more than seventy (70) feet above existing finished grade. Not allowing development of balconies of a useful width would deprive residents of an outdoor area with comfortable seating arrangements, as opposed to a balcony (4 feet wide) that could only be used for standing. Should you have any questions, please feel free to contact us. Charles D. Foster President Taggart Foster Currence Gray Architects TAGGART • FOSTER • CURRENCE • GRAY ARCHITECTS, INC. 4500 Burrow Drive North Little Rock, Arkansas 721 16 ( e-mail ) foster@taggarch.com ( Phone ) 501-758-7443 ( Fax ) 501-753-7309 OCTOBER 31, 2005 ITEM NO.: 8 File No.: Z-7945 Owner: Lyto, Inc. Applicant: Chris Samuel, Flake & Kelley Commercial Address: 4910 Kavanaugh Blvd. Description: East side of Kavanaugh Blvd., north of Cantrell Road (Shadowlawn Addition) Zoned: C-3 Variance Requested: A variance is requested from the parking provisions of Section 36-502 to allow a restaurant use with a reduced number of parking spaces. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property STAFF REPORT Commercial and Restaurant A. Public Works Issues: No comments on changing use of existing building. B. Staff Analysis: The C-3 zoned property at 4910 Kavanaugh Blvd. is occupied by two (2) one- story commercial buildings. There is paved parking between the two (2) buildings as well as along the north, east and west sides of the northernmost building. There is a total of 41 parking spaces on the site. There are two (2) paved driveways from Kavanaugh Blvd. which serves as access. The applicant proposes to utilize 2,500 square feet of the southernmost building as a restaurant. The proposed restaurant will occupy the south portion of that building. The applicant proposes to utilize the existing shared parking arrangement which exists between the two (2) buildings. The applicant notes that the restaurant will be open 5:00 P.M. to 11:00 P.M., OCTOBER 31, 2005 ITEM NO.: 8 (CON'T.) Monday through Saturday and 10:00 A.M. to 2:00 P.M. on Sunday. Most of the other shops within these two (2) buildings will not be open during these times. With the addition of the restaurant use, Section 36-502(b)(3)c. of the City's Zoning Ordinance requires a minimum of 50 parking spaces for the two (2) buildings combined. There is a total of 10,000 square feet for the two (2) buildings. Therefore, the applicant is requesting a variance to allow the new restaurant use to occupy a portion of the southernmost building with a reduced number of parking spaces for the overall development. Staff is supportive of the requested variance. Staff feels the variance request is reasonable, given the fact that 41 parking spaces currently exist on the site. The restaurant use alone requires 25 parking spaces. If the other uses on the property are closed a majority of the time when the restaurant is in operation, parking will not be an issue. Staff believes an overlap in the hours of operation will also create no parking issues. There is also some additional on -street parking to the north along Kavanaugh Blvd. and Van Buren Street. Staff believes the use of a portion of the southernmost building as a restaurant with the existing parking arrangement will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested parking variance, subject to a maximum of 2,500 square feet of the two (2) existing buildings being utilized as a restaurant use. BOARD OF ADJUSTMENT: (OCTOBER 31, 2005) 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. K 0 FLAKE & 1<]E COMMERCIAL Specialists in Brokerage, Development and Property Management www.flake-kelley.com September 23, 2005 Mr. Monty Moore Department of Planning and Development 723 West Markham Little Rock, AR 72201 Dear Mr. Moore: 2-77745 Hand Delivered Please see the attached Application for Zoning Variance. I would like a zoning variance for a 2,500 square foot portion of the Et Cetera Center for evening restaurant and daytime catering and cooking class use. The restaurant will be in operation on weekdays and Saturday after 5:00 p.m. until 11:00 p.m. It will serve Sunday Brunch from 10:00 a.m. to 2:00 p.m. During the retail hours of 9:00 am to 5:00 pm, the tenant will use the premises for a catering and cooking business. The total square footage of the Et Cetera Center, 4910 Kavanaugh, and Winterberry Homes, 4924 Kavanaugh, is approximately 10,000 square feet. The center currently has 43 parking spaces. Other tenants include Winterberry Homes, The City Farmer, and Rare Finds. All of these tenants are strictly retail businesses. The Landlord and tenant are in agreement with these hours of operation and understand that these hours will cohabitate with the current retail tenants in the center. They also feel that this restaurant use will be of great benefit to the center, as well as, enhancing the character of the Heights Community. Please feel free to call or e-mail on any questions. Thank you for your time. I look Enclosures Q A a AC+�l1LlY1.�S®Com 425 West Capitol Avenue, Suite 300 • Little Rock, Arkansas 72201 =_ an - Y '°f�FNtpRG;a+\•' xarA1LADVI50R5 P (501) 375-3200 (501) 374.9537 OCTOBER 31, 2005 ITEM NO.: 9 File No.: Z-7946 Owner: Steven Soo Chaes Applicant: Pat McGetrick, McGetrick and Mcgetrick Address: Southwest Corner of Asher Avenue and Mary Street Description: Lots 1 through 7, Block 3, Intercity Addition Zoned: C-3 and C-4 Variance Requested: Variances are requested from the area provisions of Section 36- 302 to allow a convenience store development with reduced setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Commercial Buildings Proposed Use of Property: Convenience store with gas pumps and retail STAFF REPORT A. Public Works Issues: No Comments B. Landscape and Buffer Issues: Plan submitted does not provide for the ten (10) foot six (6) inch minimum street buffer along Mary Street. The full average requirement is 21 foot in width. An automatic irrigation system will be required. Areas set aside for interior landscaping appear to be less than the 8 percent (2,305 square feet) required by the landscape ordinance. A variance from this requirement would require City Beautiful Commission approval. OCTOBER 31, 2005 ITEM NO.: 9 (CON'T.) The landscape ordinance requires a small amount of building landscaping, which is not shown on the plan submitted. Proposed plan reflects a five (5) foot landscaping strip along the southern perimeter of the site. The landscape ordinance requires a perimeter planting strips along any side of a vehicular use area that abuts adjoining property. The minimum allowed by ordinance is six (6) feet nine (9) inches. A variance from the landscape ordinance requirements necessitates City Beautiful Commission approval. These requirements take into account the reductions allowed within the designated mature area. C. Staff Analysis: The C-3 and C-4 zoned property at the southwest corner of Asher Avenue and Mary Street is occupied by two (2) vacant commercial buildings. The buildings were previously used in conjunction with an engine rebuilding business. There are existing concrete drives and parking between the buildings and Asher Avenue. The rear portions of the property are mostly grass -covered and fenced. The majority of the property is zoned C-4, with a small portion (east end) being zoned C-3. The applicant proposes to redevelop the property by removing the two (2) vacant buildings and constructing a new convenience store (2,875 square feet) with gas pumps and canopies, as noted on the attached site plan. The convenience store building will be located near the rear center of the property, with a gas pump canopy on each side (east and west) of the building. The gas pump canopies will be located approximately 37 feet back from the front (north) property line, with the easternmost canopy being located 27 to 39 feet from the east street side property line. These setbacks are calculated after additional right-of-way dedication for Asher Avenue. The applicant is also proposing a future retail building (3,739 square feet) within the west portion of the property. This building will be set back 25 feet from the north property line (after right-of-way dedication) and 15 feet from the west side and rear property lines. New driveways are proposed from Asher Avenue and Mary Street. Paved parking will be located along the north side of the convenience store building and the east side of the future commercial building. Section 36-302-(e)(1) of the City's Zoning Ordinance requires a minimum front setback of 45 feet for C-4 zoned property. Section 36-302(e)(2) requires a minimum street side setback of 45 feet. Section 36-302(e)(3) requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances from these ordinance standards to allow the gas pump canopies K OCTOBER 31, 2005 ITEM NO.: 9 (CON'T.) with reduced front and street side setbacks and the future commercial building with reduced front and rear setbacks. All other building setbacks conform to ordinance requirements. Staff is supportive of the requested variance. Staff feels that this is a quality development being proposed along Asher Avenue and a good in -fill project for this area of Little Rock. With respect to the requested setback variances, staff feels that they are reasonable given the fabric of this area along Asher Avenue. A large percentage of the buildings in this area were constructed many years ago and are located closer to the Asher Avenue right-of-way and side street rights-of-way than the two (2) buildings proposed with this redevelopment. Staff believes the requested setbacks will not be out of character with the general area and will have no adverse impact on the adjacent properties. Staff met with the applicant regarding the landscape and buffer deficiencies as noted in paragraph B. of this report. The applicant indicated the site plan will be adjusted to comply with these standards. D. Staff Recommendation: Staff recommends approval of the requested setback variances associated with the proposed redevelopment, subject to the following conditions: 1. Compliance with the landscape and buffer ordinances. 2. Any ground -mounted signage must be located at least five (5) feet back from any property line. BOARD OF ADJUSTMENT: (OCTOBER 31, 2005) 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. 3 WOETRICK WOEMICK -El-e, -4 i ENGINEERS - PLANNERS - SURVEYORS �Z — 7% September 26, 2005 Monte Moore Department of Planning & Development 723 West Markham St. Little Rock, AR 72201 Re: Board of Adjustment Application SW Corner Asher Ave./ Mary St. Dear Mr. Moore, We are herewith submitting the above captioned project for review. The property is currently zoned C-4. The owner plans to develop a "C" store convenience store and gasoline station. The owner is requesting the following variances: 1) Building setback requirement from 40' to 25' along Asher Avenue, because of the additional Right of Way dedication along Asher Avenue, also the future building setback. 2) Variation to allow detached canopies for the gasoline pump islands. Considering the additional Right-of-way dedication on Asher Avenue, this project will. not be feasible without these variances. if you have any questions regarding this submittal please advise. Sincerely, McGetrick & McGetrick, Inc. atrick M. McGetrick, P.E. 10 Oder Creek Court, Suite A Little Rock, Arkansas 72210 501-455-8899 fax 501-455-8898 OCTOBER 31, 2005 ITEM NO.: 10 File No.: Z-7947 Owner: Ring Container Technologies Applicant: Garver Engineering Address: Southeast Corner of Frazier Pike and Slackwater Harbor Drive Description: Tract H, Area 104, Little Rock Port Industrial Park Zoned: 1-3 Variance Requested: Variances are requested from the parking provisions of Section 36-502 and the buffer provisions of Section 36-522 to allow a new industrial development with a reduced number of parking spaces and reduced buffers. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Production Plant STAFF REPORT A. Public Works Issues: 1. Parking on the street is not allowed B. Landscape and Buffer Issues: The zoning ordinance requires a street buffer with a minimum width of thirty- one (31) feet along Slackwater Harbor Drive and in no case less than fifteen (15) feet. Trees proposed along Slackwater Harbor Drive are in the right-of-way and will require a franchise agreement with the City of Little Rock. An automatic irrigation system to water landscaped areas will be required. OCTOBER 31, 2005 ITEM NO.: 10 (CON'T.) Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. C. Staff Analysis: The 13.33 acre, 1-3 zoned property at the southeast corner of Frazier Pike and Slackwater Harbor Drive is currently undeveloped. The property is relatively flat and at street grade. Site work has taken place and foundation work for a new building is currently taking place. The applicant proposes to construct a new 75,000 square foot production plant on the property, as noted on the attached site plan. The proposed plant will produce containers for Skippy Peanut Butter. There will be a small parking lot for 20 vehicles located on the west side of the building, with an access drive from Frazier Pike. There will be a large truck access drive from Slackwater Harbor Drive, leading to loading docks located on the north side of the building. The applicant is requesting two (2) variances in association with the proposed production development. The first variance is from Section 36-502(b)(4)a. of the City's Zoning Ordinance which requires 125 off-street parking spaces for this proposed manufacturing use. The applicant notes in the attached letter that the entire plant will have only 30 employees which work a three (3) shift operation, or 10 employees per shift. Therefore, the applicant is requesting a variance to allow the parking lot with 20 spaces. The second variance is from Section 36-522(b)(4)b.3. which requires a street buffer width of 31 feet along Slackwater Harbor Drive, with the width dropping to not less than 15 feet at any point. The applicant is proposing a nine (9) foot buffer width along Slackwater Harbor Drive along the area designated for maneuvering the large trucks adjacent to the loading docks on the north side of the building. The applicant is also requesting a variance to allow the nine (9) foot buffer width for approximately 150 feet of the overall 800 foot north property line. Staff is supportive of the requested variances. Staff views the requests as reasonable. Although the proposed number of parking spaces is only 16 percent of the overall minimum requirement, staff feels that it is reasonable to allow the reduction for the very specific proposed use. If the building is ever changed to another use, staff would like for additional Board of Adjustment 2 OCTOBER 31, 2005 ITEM NO.: 10 (CON'T.) review to take place. With respect to the requested buffer variance, the applicant notes that the proposed building and truck access location is dictated by the area required to be set aside for the rail service on the south side of the building. Additionally, a rather wide 120 foot right-of-way exists for Slackwater Harbor Drive. Therefore, the distance between the paved truck use area and the paved street will not be out of character with other similar developments in this industrial district. Staff feels the proposed reduced number of parking spaces and the reduced street buffer along the north property line will have no adverse impact on the adjacent property or the general area. D. Staff Recommendation: Staff recommends approval of the requested parking and buffer variances associated with the new development, subject to the following conditions: 1. Compliance with the Public Works and Landscape and Buffer requirements as noted in paragraphs A and B of the staff report. 2. The proposed trees located in the Slackwater Harbor Drive right-of-way will require a franchise permit from the Public Works Department. 3. If this business ever vacates the property, parking requirements for a new business must be reviewed by the Board of Adjustment. BOARD OF ADJUSTMENT: (OCTOBER 31, 2005) 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. K - 7F L/ 7 mooc�r�c�cacs©�nr��®c�msa��®®s�arar�..s.a.�r Rock, Arkansas 72227 P/F: 501-225-8181 Mobile, 501-651-1491 Pager: 501-399--1720 Date: September 26, 2005 To: Board of Adjustment, City of Little Rock From: Carl Garner, Garner Engineerig Ref: Request for Zoning Variances Ring Container Technologies Plant Site Little Rock Port Industrial Park General: (--7,p C7 Ring Container Technologies is to construct an approximately 75,000 sq. ft. production plant at the southeast corner of the intersection of Frazier Pike and Slackwater Harbor Drive. The new addition to the part of Little Rock Industrial Park will produce containers for Skippy Peanut Butter. The decision to locate at this site was based upon obtaining a rail spur service from the Little Rock Port Railroad. The spur will enter from the existing Vinyline Spur located west of Frazier Pike. The site is undeveloped agricultural land. The Vinyline Plant and Wes Pac Plants located to the west and south, respectively, have similar operations. The operation of the new plant will not involve public use of the parking for the office area off Frazier Pike. A separate truck -maneuvering and dock area will be provided off Slackwater Harbor Drive. Plant service work will be conducted off the truck area and the south door. As a consequence of plant operation and site constraints the following variances are requested: Item A: Reduction in landscape buffer along Slackwater Harbor Drive to 12 ft. only along approximately 120 ft of the north edge of the concrete truck paving. The requested buffer width meets City Beautiful criteria. The average width of the buffer will exceed ordinance requirements. Landscape plantings will meet or exceed other ordinance requirements. Slackwater Harbor Drive R.O.W is 120 ft. The reduction in buffer width is a result of constraints imposed by geometric design of the curved rail spur on the south side of the building. The spatial relationship of the spur and building is further dictated by the requirements for distance between spur and plant unload and storage elements. . �e�o�r�cat�m©o�a�r�acmm�n�t���a0ad��fs�iwrr�r 9300 Professor Drive "Lit -tie Rock, Arkansas 72227 P/F: 501-225-8181 Mobile. 501-681-4491 Pager: 501-399-1720 Item B: The plant operation will be employee, 30 personnel for a three (3) -shift operation or 10 per shift. The facility is solely a production plant. The lot has been sized for 20 spaces. Ring Container has 20 other plants nationwide and the parking lot size is typical. The parking lot size is consistent with similar nearby existing production facilities and exceeds facility requirements. A variance is requested to reduce the number of spaces in the office parking lot to 20. ADOPTED: DRAFT BOARD OF ADJUSTMENT CALENDAR OF MEETING DATES 2006 FILING DATE NOTICE DEADLINE MEETING DATE 12-23-05 01-20-06 01-30-06 01-27-06 02-17-06 02-27-06 02-24-06 03-17-06 03-27-06 03-24-06 04-14-06 04-24-06 04-21-06 05-12-06 05-22-06 05-26-06 06-16-06 06-26-06 06-23-06 07-21-06 07-31-06 07-28-06 08-18-06 08-28-06 08-25-06 09-15-06 09-25-06 09-22-06 10-20-06 10-30-06 10-27-06 11-17-06 11-27-06 11-17-06 12-08-06 12-18-06 12-22-06 01-19-07 01-29-07 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. • • r1 KW. Q H a a� E L r ti T � i i 1 z Q U)U) m � Q v l e � 1 J I— Z LU rn m Q Lli rJ I i Q z LU 0 L!J r= wLu Of Waf } Z Q of f— T Q Q Q z LU � m � 1— Z w L li m � Q LL Wz Z Q ~ L. Lu w C15 C/) 0� Q CO �� } U) z Cn CO Z Q mU UO) E, zUCOOU) 2Q�z�m WQ�zil Jm D s s LL m i z October 31, 2005 There being no further business before the Board, the meeting was adjourned at 2:07 p.m. 1 Date: Chairman PW4ga4l Fg-' ` S . T��7' - , Secretary