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boa_03 29 2004l LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES MARCH 29, 2004 10411[0a►y� Roll Call and Finding of a Quorum A Quorum was present being five (5) in number. II. Approval of the Minutes of the Previous Meetings The Minutes of the February 23, 2004 meeting were approved as mailed by unanimous vote. III. Members Present: Fred Gray, Chairman Andrew Francis, Vice Chairman Terry Burruss Debra Harris Chris Wilbourn Members Absent: None City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT I. DEFERRED ITEM: A. Z-7578 II. NEW ITEMS: 1. Z -2790-B 2. Z -5938-A 3. Z -6514-B 4. Z-7591 5. Z-7599 6. Z-7600 7. Z-7601 8. Z-7602 AGENDA MARCH 29, 2004 2:00 P.M. 32 River Ridge Circle 9101 Kanis Road 2514 N. Filmore Street #2 Freeway Drive 29 River Valley Road 148 Congressional Drive 7125 Highway 300 3600 Cantrell Road 5112 West 33 d Street O O • � > — nnvelHl 3NId a3QVad M 4 N �yJ day U i W U 01 Nvw839 �n o NIVIN AtlMOtl068a9 � HOatll 1 Np S3HONO ONIN lW a3H3a0 0 s � � � \FONAON N o r�lA08000M — 3NId 00 3NId 13 o '�N1S H�db aV0 0 NO111Wtl 11005 h v, m $ S�NiNdS Q Natld altld y �LL r .� A115a311Nn � A11963AINn J S9NIadS a3d30 E3 (� S3HOnH IddISS IW 5 lOOIHO 'v WAa3S3a M08aYO NHOP 3 ti 3NN13H — Oa 31 0tl O80331NOVH5 0 n _ SIOaVS _ _ p� WVHNVd A3NO% — �� � J NV 09 s — — � a11Wll A110 30018 AWIA W !n b °jd1s E W a✓U% � 3 ��jAJ ���`� CR,Ic�tP� � V ti� p � � v a 16VM31S NVNIInS Hsd'b h' 4— O S11WIl Allo��y �!°� 0�e O�pJc�P s F �'�1RJ PVON83d 0 March 29, 2004 ITEM NO.: A File No.: Z-7578 Owner: Ronald and Deborah Shepherd Address: 32 River Ridge Circle Description: Lot 33, Riverview Manor Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the easement provisions of Section 36-11 to allow a garage addition with a reduced side yard setback and which extends into an easement. Justification: Present Use of Property: Proposed Use of Property STAFF REPORT 19.1 Public Works Issues: The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential The proposed addition encroaches into a platted easement, however there are no public drainage facilities located in this easement. B. Staff Analysis: The R-2 zoned property at 32 River Ridge Circle is occupied by a two- story rock and frame single family residence. There is a circular driveway from River Ridge Circle which serves as access. A garage is located on the west end of the residence, which is accessed by utilizing the westernmost drive. The driveway to the garage is very steep, as the property slopes drastically downward from the street (north to south). The applicant proposes to construct a 24 foot by 34 foot , two-story garage addition on the east end of the residence. The garage addition will March 29, 2004 ITEM NO.: A (Cont. be one-story as viewed from the front. The garage addition will be located four (4) feet from the side (east) property line and one (1) foot into a utility easement. The applicant proposes the new garage for easier vehicular access, with a driveway which will be considerably less steep than the current driveway. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side yard setback of eight (8) feet for this R-2 zoned lot. Section 36-11(f) requires that building encroachments into easements be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards. Staff is supportive of the requested variances. Staff feels that the request is reasonable and will provide much easier vehicular access to the property. The applicant will need to submit letters from each of the five (5) public utility companies approving of the easement encroachment. Additionally, staff feels that the roof overhang should be located at least two (2) feet from the side property line. Otherwise, staff feels that the proposed garage addition will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendations: Staff recommends approval of the requested variances, subject to the following conditions: The roof overhang must be located at least two (2) feet back from the side property line. 2. Guttering must be provided to prevent water run-off onto the adjacent property. 3. Letters from each of the five (5) public utility companies must be submitted approving of the easement encroachment, or the garage addition and overhang must be located out of the easement. BOARD OF ADJUSTMENT: (FEBRUARY 23, 2004) Staff informed the Board that the applicant had failed to complete the required notification to property owners within 200 feet of the property. Staff recommended that the application be deferred to the March 29, 2004 Agenda. Staff noted that the applicant had agreed to the deferral. The item was placed on the Consent Agenda and deferred to the March 29, 2004 Agenda by a vote of 5 ayes and 0 nays. 2 March 29, 2004 ITEM NO.: A (Cont.) BOARD OF ADJUSTMENT: (MARCH 29, 2004) 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 5 ayes and 0 nays. 3 d - -7 S -7 January 22, 2004 Department of Planning and Development 723 West Markham Little Rock, AR To Whom It May Concern: This letter, attachments and exhibits are presented for the purpose of requesting an easterly side line property variance to construct an addition to our residence. Access to the home from the current garage (placed in the lower Southwestern Corner of the current structure) is very difficult due to the dramatic slope of the property and the placement of the garage well below street level. The addition will consist of a front entry two car garage built slightly below street level and at the same roof line as the balance of the upper level of the residence. Please see attached blueprint drawings for clarification. At the back of the garage will be a new laundry room and storage. Under the garage will be a family room connected to the lower level existing living space. The addition will be. made to look as it were part of the original construction of the home. The original builder of the home has been retained to do the project. As per the attached survey, dated May 21, 2003, the existing structure is approximately 28 feet from the side line. The proposed addition will be slightly less than 24 feet added to the property, thereby placing the final structure about 4 feet from the property line. This will not obstruct access and will enhance the street appeal of the home and improve the look of the general area. The topography of the River Ridge property does not permit any other solution. Thank you for your consideration of this request. Ron Shepherd Property Owner 32 River Ridge Circle Little Rock, AR (501) 224-0501 March 29, 2004 ITEM NO.: 1 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT 0 Public Works Issues: Z -2790-B William R. Kremer 9101 Kanis Road Southwest corner of Kanis Road and Kanis Park Drive O-3 A variance is requested from the sign provisions of Section 36-553 to allow a ground sign with increased sign height. The applicant's justification is presented in an attached letter. Office (under construction) Office 1. No Comment — Sign is proposed to be located outside of the existing right-of-way. B. Staff Analysis: The 0-3 zoned property at 9101 Kanis Road is occupied by a four-story office building which is currently under construction. There is paved parking on the north, south and east sides of the building. There is a new street (Kanis Park Drive) which was recently constructed to serve this property and future office uses to the south. Access to the property is gained by utilizing two (2) drives from Kanis Park Drive. The applicant proposes to construct a ground -mounted sign (monument - type) at the northeast corner of the property. The sign will identify the subdivision, Kanis View Medical Park. The sign will have a height of 9 feet — 6 Y2 inches and an area of approximately 42 square feet. March 29, 2004 ITEM NO.: 1 (Cont.) Section 36-553(a)(2) of the City's Zoning Ordinance allows a maximum sign height of six (6) feet and a maximum area of 64 square feet in office zoning. Therefore, the applicant is requesting a variance to allow the additional sign height. Staff is supportive of the sign variance. The proposed sign will not be out of character with the general area. There is C-3 zoned property immediately east and south of this property, which allows a maximum sign height of 36 feet. Additionally, there are several rather tall ground - mounted signs a short distance to the east at the intersection of Kanis Road and John Barrow Road. Staff feels that the proposed sign will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendatio Staff recommends approval of the requested sign height variance, subject to the sign being located at least five (5) feet back from the north and east property lines. BOARD OF ADJUSTMENT: (MARCH 29, 2004) 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 5 ayes and 0 nays. 2 The Mehlburger Firm Engineers ❑ Landscape Architects ❑ Surveyors February 20, 2004 I Mr. Monte Moore Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201 Dear Monte, Enclosed an application for a zoning variance for a sign structure to be located at the corner of Kanis Road and Kanis Park Drive. The proposed sign structure is to be erected on Lot 1, Kanis Commercial Subdivision. A sign easement will be established for the sign which will serve as identification for the subdivision. This variance is being requested to allow for the sign to exceed the height and square footage allowances in the ordinance. This sign structure will be more in scale with the development and existing and proposed structures in this commercial development. If you have any questions please call. Sincerely, THE EHLBURGER FIRM, INC. /'" ice 201.Seuth hard 0 P.O. Box 3837 11 Little Rock, AR 72203-3837 c 501/375-5331 o Fax 375-7452 1 March 29, 2004 ITEM NO.: 2 File No.: Owner: Address: Description- Zoned- Variance escription:Zoned:Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT U Public Works Issues: No Comments. B. Staff Analysis: Z -5938-A Lynn Topp 2514 Filmore Street Lots 9, 10 and part of Lot 11, Block 26, Park View Addition am A variance is requested from the area provisions of Section 36-254 to allow a building addition with a reduced rear yard setback. The applicant's justification is presented in an attached letter. Single family residential Single family residential The R-2 zoned property at 2514 Filmore Street is occupied by a one-story brick and frame single family residence. There is a one -car concrete drive from Filmore Street. There is a one-story frame accessory building at the northwest corner of the property. The property owner proposes to remove the existing accessory building and construct several additions to the residence. A 420 square foot addition is proposed on the south side of the residence, with a 630 square foot addition on the north side. A 1,320 square foot addition is proposed on the rear of the structure, which includes a covered porch with living space above and an enclosed garage. March 29, 2004 ITEM NO.: 2 (Cont.) The proposed additions conform to all ordinance required minimum setbacks, with the exception of the proposed rear yard setback. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear yard setback of 25 feet. The proposed garage will have a rear yard setback of 16'— 1 '/4". Therefore, the applicant is requesting a variance from this ordinance requirement. Staff is supportive of the requested variance. Staff feels that the proposed building additions will not be out of character with other properties in this general area. There are a.number of rather large single family structures within this block and in the area. As noted previously, the applicant will remove an existing garage structure located five (5) feet from the rear property line. Additionally, the proposed garage structure will only occupy 30 feet of an overall 110 foot lot width. Therefore, staff feels that the variance request is very minor in nature, and will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendations: Staff recommends approval of the requested rear yard setback variance, subject to a building permit being obtained for all construction. BOARD OF ADJUSTMENT: (MARCH 29, 2004) 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 5 ayes and 0 nays. K February 20, 2004 Mr. Dana Carney Department of Planning and Development 723 West Markham Little Rock, AR 72201 Dear Mr. Carney: On behalf of our client, Ms. Lynn Topp, I am filing for a variance for 2514 Filmore Street. We propose removing the existing one car garage located on the northwest corner of the property and replacing it with a two car garage with a covered porch. The total square feet for this addition is 1,320 square feet. The garage is 28'-0" x 30'-0" which is included in this square footage. This addition will encroach 9'-0" into the 25'-0" rear setback. As illustrated on the Proposed Site Plan, the dimension from the addition to the rear property line is 16'-1 1/4". Therefore, we are requesting a variance from the rear setback requirement of the Zoning Ordinance. Please contact me at 975-0052 if there are any questions. Sincerely, Jennifer Herron, AIA Cc: Ms. Lynn Topp file H__ ER R O N H 0_ R T O N Soo S. Spring St. Ste. 720 Little Rock, AR 72201 www.hh-architects.com tel. 501-975-0052 fax. 501-978-0078 ARCHITECTS -4 z March 29, 2004 ITEM NO.: 3 File No.: Z -6514-B Owner: LAP Holdings, LLC Address: 2 Freeway Drive Description: Lot 2, Freeway Business Park Zoned: C-3 Variance Requested: Variances are requested from the sign provisions of Section 36-555 to allow a ground sign with increased sign height and area. Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: 1. No Comments B. Staff Analysis: The applicant's justification is presented in an attached letter. Office with showroom/warehouse (under construction) Office with showroom/warehouse The C-3 zoned property at 2 Freeway Drive is occupied by a one-story office with showroom/warehouse building which is currently under construction. The building is constructed on two (2) lots and will contain two (2) businesses with two (2) separate ownerships. There are two (2) driveways from Freeway Drive which serve as access to the property. As part of the property development, the applicant proposes to construct a ground -mounted sign at the northwest corner of the property, adjacent to the 1-630 right-of-way (entrance ramp). The proposed sign will have a height of 56 feet and an area of 162 square feet. The applicant has submitted information from White-Daters and Associates which shows March 29, 2004 ITEM NO.: 3 (Cont.) that the elevation of the proposed sign location is 45 feet below the elevation of the east -bound centerline of 1-630. Section 36-555(a)(2) of the City's Zoning Ordinance allows a maximum sign height of 36 feet and a maximum sign area of 160 square feet for signs on C-3 zoned property. Additionally, Section 36-557(b) contains the following: "Sign heights for all ground -mounted on -premises signs located on properties immediately adjacent to and contiguous to an expressway or freeway may be measured from the elevation of the centerline of the traffic lanes (excluding frontage roads) adjacent to subject property to the top of the sign structure. It shall be the responsibility of the sign owner to submit all necessary information when this approach is used. The maximum allowable height in any zone and under any condition shall be thirty-six (36) feet." Therefore, the applicant requesting variances to allow the 162 square feet of sign area and the 56 foot sign height. The information submitted by White-Daters and Associates shows that the top of the proposed sign will be approximately 11 feet above the grade of the east -bound centerline of 1-630. Staff does not support the requested variance for increased sign height. Although staff has no problem with the proposed sign area, staff feels that the requested sign height is not reasonable. Based on the fact that the new building is oriented toward Freeway Drive and Rodney Parham Road, staff feels that a 36 foot high sign will provide adequate visibility and identification of the business. The property is located immediately adjacent to the 1-630 entrance ramp and not the main travel lanes. In fact, the property is located approximately 700 feet south of the main east- bound travel lanes. Therefore, staff feels that the proposed sign will have very little usefulness for 1-630 traffic, and should be oriented to the adjacent local streets and not the interstate.' C. Staff Recommendations: Staff recommends denial of the requested variances, as filed. BOARD OF ADJUSTMENT: (MARCH 29, 2004) Johnny Kincaid was present, representing the application. There were no objectors present. Staff presented the item with a recommendation of denial. 0 March 29, 2004 ITEM NO.: 3 (Cont. Johnny Kincaid addressed the Board in support of the application. He gave a brief history of the business (Pettus Office Products). He noted that Pettus Office Products is a retail business, and explained the need for the proposed sign height. He noted that the maximum sign area would be 160 square feet. He stated that the sign would have an electronic message portion. He submitted photos of the proposed sign. There was a brief discussion regarding how visible the sign would be from 1-630 and the surrounding properties. The area of the proposed sign was discussed. Mr. Kincaid noted that the electronic message portion would be included in the total 160 square feet. There was additional discussion related to the sign request. Mr. Kincaid noted that wall signs would be placed on the north side of the building if ground sign variance was not approved. There was a brief discussion related to the photos provided by Mr. Kincaid. Chairman Gray asked if there was any room for compromise on the sign height. Mr. Kincaid stated that there was not. He explained that the sign needed to be at eye -level with the 1-630 travel lanes. Chairman Gray commented on the issue. He explained that he supported the variance request. Chairman Gray called the question, for approval of the sign height variance, as filed. The vote was 1 ayes, 3 nays and 1 recusal (Burruss). The application was denied. 3 HI THE HATHAWAY GROUP February 19, 2004 Mr. Monte Moore City of Little Rock Zoning & Code Enforcement Administrator 723 West Markham Little Rock, AR 72201 Subject: Application for Zoning Variance Pettus Office Products 2 Freeway Drive, Little Rock, Arkansas Dear Monte: JOHN C. KINCAID Direct No.: 501.978.4970 E-mail: jkincaid@hathawaygroup.com As agent for LAP Holdings, LLC and Pettus Office Products, attached please find an application for zoning variance relative to the captioned location. The purpose of this request is to seek approval to increase the height of a proposed free standing pole sign from thirty-six (36) feet to a maximum height of fifty-six (56) feet. Pettus Office Products will open in their new retail, showroom and warehouse facility on or about March 15, 2004. Their primary business function is office supplies and office furniture retail sales. The main building sign is above the building entrance facing the intersection of Rodney Parham and Freeway Drive. The main entrance into the building is directly into the office furniture showroom. All sales, customer service and administrative functions are between the office furniture showroom and warehouse area. The building is 18,000 square feet with total land and improvement costs well in excess of one million dollars. It is widely known that signage is critical to the success of retail sales. All retailers strive to attract potential customers through effective advertising with signage being an important component of advertising. Pettus Office Products has 3,960 square feet of street frontage on Rodney Parham and 2,400 square feet of frontage on Freeway Drive. Therefore, they plan to install fagade signage on both elevations (west and south elevations) of approximately 160 square feet each. Additionally, they plan to install two (2) freestanding signs in addition to the fagade signage. As previously stated, the purpose of this is to request permission to increase the height of one of the allowable freestanding signs. Attached hereto is a copy of a report letter from Joe White of White-Daters & Associates, Inc. describing the grade elevation in two locations. As indicated, the grade elevation at the proposed sign location is 311' and 356' on east bound 1-630. A 36' foot tall sign will not be visible to the east bound traffic as it will be 9' below the grade of the freeway. In essence, we are requesting permission to extend the height of the pole sign 20' so 1 1 ' of the sign is visible from the freeway. We anticipate using a single column structure supporting a lighted sign cabinet with 160 square feet of sign area on both sides. Signage of comparable size, height and shape currently exists in the immediate area, approximately 1/8 mile due north of the proposed sign location. The sign advertises Freeway OPTCN W O R L D W I D E i. 001 N. University, Suite 100 in Little Rock AR 72207 ■ 501.663.5400 IN FAX 501-.663.5408 ■ www.hathawaygroup.com Commercial, Industrial and Investment Realtors® Mr. Monte Moore February 19, 2004 Page 2 of 2 Self Storage and was installed on or about 1993. We assume they also requested and received a zoning variance from the City of Little Rock. In summary, due to the severity of elevation change in and around the proposed sign location, the fact that a similar sign exists in the immediate area, and the fact that effective signage is essential to retail sales, we urge the Board of Adjustment to approve this request during the March 29, 2004 board meeting. If you have questions or comments and would like to discuss further, please feel free to call. Regards, 4#enior Ki aid Vice President Development and Property Management JCK/shm Attachments cc: (w/attach) Lynn Pettus M WHITE - DATERS & ASSOCIATES, INC. EJ 24 Rahling Circle 13 Little Rock, Arkansas 72223 December 30, 2003 Mr. Johnny Kincaid The Hathaway Group 1001 N. University Avenue Suite 100 Little Rock, AR 72207 RE: Pettus/Noland Project Mr. Kincaid, Pursuant to your request, I am writing to confirm the elevation differences for possible sign locations and the east -bound lane of I-630 on the above referenced project. Based on the grading plan for the project and the PAGIS information on I-630, the elevations and differences are as follows: Sign 'A, "V/14 Ground Elevation 311 —316- 1-630 East Bound Lane 356 --368-- Elevation Difference 45 -- 2 - 1 Please do not hesitate to call should you have any questions or require additional information. Best re anD. White, oe Jr. CIVIL ENGINEERING,'LAND PLANNING & DEVELOPMENT, SURVEYING March 29, 2004 File No.: Z-7591 Owner: William T. Kinneman Address: 29 River Valley Road Description: Lot 42, River Ridge Manor Zoned: R-2 Variance Requested: Variances are requested from the area and separation provisions of Section 36-156 and the building provisions of Section 31-12 to allow a carport with a reduced front yard setback and separation from the principal structure, and which crosses a platted building line. Justification: Present Use of Property Proposed Use of Property STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The applicant's justification is presented in an attached letter. Single family residential Single family residential The R-2 zoned property at 29 River Valley is occupied by a one-story frame single family residence which sits well below the grade of River Valley Road. There is a wood deck along the front and east side of the residence. There is a two -car driveway from River Valley Road, with an elevated parking pad for two (2) vehicles and a storage room underneath. The parking pad and storage room are not attached to the principal residential structure, but are adjacent to the deck structure on front of the house. March 29, 2004 ITEM NO.: 4 (Cont.) The applicant proposes to construct an unenclosed carport structure on top of the existing elevated parking pad. The applicant is currently making structural improvements to the existing parking pad and storage room. The proposed carport structure will extend seven (7) feet across a 15 foot front platted building line, resulting in a front yard setback of eight (8) feet. The carport structure will have a corner relationship to the front property line, with approximately 70 square feet of the structure extending across the platted building line. Section 36-156(a)(2)b. of the City's Zoning Ordinance requires a minimum separation between an accessory structure and principal structure of six (6) feet. Section 36-156(a)(2)c. requires a minimum 60 foot front setback for accessory buildings. Section 31-12(c) of the Subdivision Ordinance requires that variances for encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards. Staff is supportive of the requested variance. Staff feels that the proposed carport structure is not, for the most part, out of character with the surrounding properties. The single family property immediately east of this property contains a parking structure between the house and River Valley Road. As noted earlier, the proposed carport structure will be unenclosed, with only approximately 70 square feet of the structure extending across the front platted building line. Based on the fact that the elevated parking pad/storage room currently exists, staff feels that the addition of a carport structure will have no adverse impact on the adjacent properties or general area. There is enough separation between this property and the two (2) adjacent properties as to create no sight -distance issues. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the front building line for the proposed carport 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 Recommendations: Staff recommends approval of the requested variances, 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 structure must remain unenclosed on all sides. 3. A building permit must be obtained for the construction. K March 29, 2004 ITEM NO.: 4 (Cont.) BOARD OF ADJUSTMENT: (MARCH 29, 2004) 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 5 ayes and 0 nays. 3 February 17, 2004 1 �� --t4-4 City of Little Rock Department of Planning and Development Board of Adjustment 723 W. Markham Little Rock, Arkansas Gentlemen and Ladies: We are the owners of a single family residence at 29 River Valley Road, and we respectfully request a variance from the requirements of the zoning ordinance. We are building a carport to cover an existing concrete "car pad". Because of the angle that the house sits on the lot (done to utilize trees on the lot), a rectangular carport to cover the pad would require one corner post to be over the 15 foot building line. If we were not able to encroach across the line, the cover will not be large enough to cover out autos and will not protect us from rain, etc. in accessing the steps down to our front door. We have no front yard, as it is in a natural state matching the neighbors on either side. We do not feel that the neighborhood would be adversely affected but instead that the carport would present a positive effect on the neighborhood. The building permit has already been obtained for the carport and it is currently under construction. The variance is to ensure that it looks right and does the job required. The attached survey drawing shows the position of the house, car -pad, and proposed structure as well as the placement of the corner post in the area outside the building line. We have retained the services of a registered architect, Chad Young, a registered engineer, Frank Allison, and our builder is Rob Schmidt. All concur that the variance is needed. Because of the sloping lot, the fact that the neighborhood is all rather natural (on our side of the street) with little or no yards, we believe the variance from the zoning ordinance would be proper, and that the neighborhood will positively affected by its construction in the manner laid out. Respec lly submitted, William T. Kinneman, Trustee of the William T. Kinneman and Beverly B. Kinneman Joint Revocable Trust Declaration dated the 12th Day of August, 1998. March 29, 2004 ITEM NO.: 5 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: Z-7599 Carol Shields — Warfield Homes 148 Congressional Drive Lot 74, Kenwood Subdivision, Phase 1 B R-2 A variance is requested from the fence provisions of Section 36-516 to allow a wood fence which exceeds the maximum height allowed. The applicant's justification is presented in an attached letter. Single family residence (under construction) Single family residential The R-2 zoned property at 148 Congressional Drive is occupied by a one- story brick single family residence which is under construction. The property is located at the southwest corner of Congressional Drive and Kenwood Blvd. There is a two -car driveway from Congressional Drive which serves as access. As part of the property development, the applicant proposes to enclose the rear yard with a six (6) foot high wood privacy fence. The fence will be located along the south and west property lines, and 10 feet back from the north, street side, property line. The fence will be located between a 25 foot platted building line and the Kenwood Drive right-of-way. March 29, 2004 ITEM NO.: 5 (Cont.) Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet between a required building setback line and a street right-of-way in R-2 zoning. Six (6) foot high fences are allowed elsewhere on the property. Therefore, the applicant is requesting a variance to allow the section of six (6) foot high fence between the platted building line and Kenwood Blvd. Staff is supportive of the requested variance. Staff views the variance as very minor in nature. The fence will be located far enough back from the street intersection, as to create no sight -distance problems. Additionally, the property has a side yard relationship with the property immediately to the west. Therefore, staff feels that the proposed fence will have no adverse impact on the adjacent property or the general area. The applicant will need to review the Bill of Assurance for this subdivision to assure that the fence construction does not violate any of its provisions. C. Staff Recommendations: Staff recommends approval of the requested fence height variance, subject to a building permit being obtained for the fence construction. BOARD OF ADJUSTMENT: (MARCH 29, 2004) 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 5 ayes and 0 nays. 2 February 20, 2004 Eddie Briggs 35 Mine Hill Dr. N. Little Rock, AR 72118 501-753-2264 Re: Fence Variance Little Rock Board Of Adjustment: -75 I am making a request to place a six-foot wooden fence past the maximum installation point of my property at 148 Congressional, LR, AR 72210, Lot 74. Not to exceed 15 feet of set installation point. The request is for the purpose of allowing more room in the backyard for the protection and supervision of minor children and pets (dog). Respectfully, Eddie Briggs March 29, 2004 ITEM NO.: 6 File No.: Z-7600 Owner: Richard and Anita Vaughn Address: 7125 Highway 300 Description: Southwest corner of Highway 300 and Country Creek Lane (private drive) Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a garage addition with a reduced side yard 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 V Public Works Issues: No Comments. B. Staff Analysis: The R-2 zoned property at 7125 Highway 300 is occupied by a one-story rock and frame single family residence. Country Creek Lane, a one (1) lane paved private drive, is located along the north property line and serves as access to this property and several other residences. The property slopes downward from east to west and from north to south. A small lake is located within the west portion of the property. The applicants propose to construct a 20 foot by 40 foot enclosed garage addition at the north end of the residence. The garage addition will be located from one (1) to four (4) feet from the north property line. The applicants note that the proposed garage location is the best possible March 29, 2004 ITEM NO.: 6 (Cont. location for a parking structure, due to the slope of the property and the existing septic field lines in the rear yard, between the house and the lake. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side yard setback of eight (8) feet for this R-2 zoned parcel. Therefore, the applicants are requesting a variance from this ordinance requirement for the proposed garage addition. Staff is supportive of the variance request. Staff's support is based primarily on the fact that Country Creek Lane is a private driveway, not a street right-of-way, which serves only a few properties. Additionally, there will be approximately 17 to 24 feet of back -out space between the garage structure and the private drive. Staff feels that the requested variance is reasonable, as the proposed garage structure will be located partially within an area which is currently used as a driveway and for parking. Staff believes the proposed garage structure will have no adverse impact on the adjacent properties or general area. C. Staff Recommendations: Staff recommends approval of the requested side yard setback variance, as filed. BOARD OF ADJUSTMENT: (MARCH 29, 2004) 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 5 ayes and 0 nays. K 2 `76 et-, To the City of Little Rock Board of Adjustment: We are asking for a variance from the normal eight -foot side building ordinance to build an attached two car garage. This house has no attached or detached garage at the present, and it is our desire to build an attached garage on this right side. The house sits 21 feet, 2 inches (according to survey) from the right side property line at the closest point. There currently is an entrance into the house from the drive on this right side. The proposed addition would be 20 feet wide or less (including overhang) and 40 foot deep and set back from the front of the house by 8 feet and would provide access into the house from the existing door. . We are asking for the variance to allow us to build the structure within one foot of the property line. An easement begins at the property line on that side. There are no other structures in the vacinity of that easement adjoining our property line. There are several factors that led us to the conclusion that this is the only logical and affordable place to add an attached garage. • The septic system with field lines precludes building behind the house at that right end. • The available space on the property beyond the septic system is so far away that it could not be used on a daily basis as a garage. • The left side of the property has a slope that would mean major excavation of the yard to accommodate the building of the addition and maintain drainage. This would add a considerable amount to the overall project cost. • There is no access to the house at that end other than the front door, which is under a covered porch. To make an entrance to the house from the addition would mean major roofline changes and would take the project out of our budget. We feel to make this property more in line with the rest of the houses in the neighborhood and provide a safe and dry access to our house the attached garage addition is needed. We also feel that we have seriously considered all possible affordable solutions to the problem of the addition. We are asking for this board's consideration for this variance based on the need and facts as we know them. Thank you, Richard and Anita Vaughn 7125 Highway 300 Little Rock, AR 72223 501-868-4394 STAFF REPORT A. Public Works Issues: 1. No comment, sign placement is proposed outside of the public right-of-way. B. Staff Analysis: The C-3 zoned property at 3600 Cantrell Road is occupied by a three (3) story office/commercial building near the center of the property. There is paved parking along the north, south and west sides of the building. Two (2) driveways from Mart Drive serve as access to the property. The property has three (3) street frontages; Cantrell Road to the west, Mart Drive to the east and Cedar Hill Road to the south. The applicant recently removed a ground -mounted sign near the southwest corner of the property. The applicant is now proposing to construct a new ground -mounted sign at the same location. The new sign March 29, 2004 ITEM NO.: 7 File No.: Z-7601 Owner: T. J. Raney Address: 360'0 Cantrell Road Description: Lots 15A and 15B, Mart, Inc. Replat of Tract 15 Riverside Commercial Park Zoned: C-3 Variance Requested: A variance is requested from the sign provisions of Section 36-547 to allow a ground sign with an electronic scrolling message. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Office/commercial Proposed Use of Property: Office/commercial STAFF REPORT A. Public Works Issues: 1. No comment, sign placement is proposed outside of the public right-of-way. B. Staff Analysis: The C-3 zoned property at 3600 Cantrell Road is occupied by a three (3) story office/commercial building near the center of the property. There is paved parking along the north, south and west sides of the building. Two (2) driveways from Mart Drive serve as access to the property. The property has three (3) street frontages; Cantrell Road to the west, Mart Drive to the east and Cedar Hill Road to the south. The applicant recently removed a ground -mounted sign near the southwest corner of the property. The applicant is now proposing to construct a new ground -mounted sign at the same location. The new sign March 29, 2004 ITEM NO.: 7 (Cont.) will be monument -type with a brick face. The sign will be 10 feet — 4 inches in height, and contain the name of the building (T. J. Raney and Sons, since 1931). The new sign is proposed to have a 34 Y2 inch by 64 inch electronic portion near the center of the sign. The electronic portion is proposed to have a scrolling message containing current stock market information, as described in the attached information from the applicant. Section 36-547 of the City's Zoning Ordinance allows the illuminating of signs, but Section 36-547(6) states that no sign shall utilize the following: "The illusion of movement by means of a preprogrammed repetitious sequential switching action in which illuminated elements of the sign are turned off or on to visually simulate the impression of motion characteristic of chasing, running, blinking, oscillating, twinkling, scintillating, or expanding and contracting light patterns." Therefore, the applicant is requesting a variance to allow the scrolling massage associated with the electronic portion of the proposed sign. Additionally, the Board of Adjustment adopted Electronic Message Sign Guidelines in 1992. These guidelines are attached for Board of Adjustment review. Staff is not supportive of the requested sign variance. Staff has no problem with the proposed sign as long as the electronic portion conforms with the above mentioned guidelines. The proposed sign is located along a section of Cantrell Road which has a very high traffic volume. Staff feels that the proposed electronic message sign will be a definite distraction to motorists and will have a high potential for causing traffic accidents. Staff's non-support of the requested variance is a safety issue. Staff feels that the proposed scrolling electronic message will have a negative impact on traffic in this area. C. Staff Recommendations: Staff recommends denial of the requested sign variance. BOARD OF ADJUSTMENT: (MARCH 29, 2004) Staff informed the Board that the applicant submitted a letter requesting that the application be withdrawn. Staff supported the withdrawal, as requested. The item was placed on the Consent Agenda and withdrawn by a vote of 5 ayes and 0 nays. 6 T.J. RANEY (1949) DALLAS P.. RANEY, ROBERT W. RANEY, SR. SR. T.J. RANEY & SONS BUILDING INC. LI600 TTLE ROCCK,, AR 7222TRELL 0 i , , (1980). FRANK R. THURMOND (1986) A SUBSIDIARY OF (501) 666-6644/FAX (501) 666-7744 ALTON B. RANEY (1987) CLAY H. RANEY (1993) LARRY M. ROBERTS (2002) ^ �, SONS, INC. ^\/v`- T.J. Vi•�J • THOMAS D. RANEY ALTON B. RANEY, H February 19, 2004 �- .? C. 01 Little Rock Board of Adjustments Department of Planning & Development Oiq ° a ��- 723 West Markham Little Rock, AR 72201 Gentlemen: T.J. Raney & Sons, Building, Inc. proposes to erect an electronic message sign on the corner of its property at Cantrell and Cedar Hill Roads. A Variance is requested from ARTICLE X - SIGNS provisions of SECTION 36-547- LIGHTING of the Little Rock Code of Ordinances and the Department of Planning and Development's Electronic Message Sign Guidelines to permit the sign to have a scrolling message for the following reason: T.J. Raney & Sons, Inc. purchased the T.J. Raney & Sons Building in the fall of 1982. Dan Robertson, the original architect for the building in 1965, worked with us on an extensive remodeling so the T.J. Raney & Sons, Inc. investment company could move into the building. At that time, Mr. Robertson designed a sign for the corner that would include an electronic message center. We were not able to erect the sign because old Commercial Bank and later First Commercial Bank and later Regions Bank had a sign there that was protected by their lease. Finally, when the lease was renegotiated we insisted that Regions move its sign to the back corner of the lot at Cedar Hill Road and Mart Drive. After that was done we began talking with architect Carolyn Lindsey Polk to update Mr. Robertson's original design and contractors to erect the sign. Since T.J. Raney & Sons, Inc. is an investment company our plan has always been to alternate the latest Dow Jones Industrial Average, Standard and Poors 500 and NASDAQ indexes along with the time and temperature. Any additional time slots would be taken with the names of tenant companies located in the Building. The Dow Jones, Standard and Poors and NASDAQ index levels along with the time and temperature are public service messages. Also, public service announcements like information on Riverfest, scheduled events at the Arkansas Art Center, etc. will be shown on weekends. The reason we are asking for a variance, is that the sign company we are working with has talked with every major message sign manufacturer in the country to buy a message center that will display the Dow Jones Industrial Average, Standard and Poors and NASDAQ indexes and whether they are up or down and found that signs available with the up or down feature are designed with scrolling messages only. The up or down feature is critical. Approximately 60% of all U.S. citizens have an interest in the stock market for CONTINUING A TRADITION THAT BEGAN IN 1931 personal investments or their investments in their companies 401k or other types of retirement plans. All of these people, and many of the other 40%, are interested in the stock market indexes. No one knows exactly where the indexes closed yesterday, so it would be meaningless for us to just show where each index is. As the day goes on, we want to be able to show each index current level and how much it is up or down for the day. Then people will know how the markets are doing and how their investments are doing. We apologize for bothering you with this request! But, for T.J. Raney & Sons, Inc. to give this service we must ask for a variance to be allowed to buy a message center that uses a scrolling message. If a flash on and off type of sign had the features needed, we would be happy to use it. After 22 years we are ready to put up our sign, and because of circumstances beyond our control, we ask your permission to use a scrolling message. This type of message center was previously approved by variance for the Little Rock Chamber of Commerce office at 200 East Markham Street. A scrolling sign is also being used at UALR on South University Avenue. Enclosed are: 1. Application for zoning variance (sign) 2. Copy of ARTICLE X — SIGN provisions of SECTION 36-547 — LIGHTING of the Little Rock Code of Ordinances and the Department of Planning and Development's Electronic Message Sign Guidelines. 3. Graphic information depicting the size, height, area and location of the proposed signage. Sincerely, Tom Raney, P sident T.J. Raney Sons Building, Inc. RAN T.J. DALLAS P. RANEY (197 1) T.J.NEY & SONS BUILDING INC. W RAN ROBERTERT W. RANEY, SR. (1980) • • , FRANK R. THURMOND (1986) A SUBSIDIARY OF ALTON B. RANEY (1987) CLAY H. RANEY (1993) LARRY M. ROBERTS (2002) .J. & SONS, INC• THOMAS D. RANEY ALTON B. RANEY, H ATTACHMENT FOR APPLICATION FOR ZONING VARIANCE (SIGNS) T.J. RANEY & SONS BUILDING, INC. 3600 CANTRELL ROAD LITTLE ROCK, AR 72202 (501) 666-6644/FAX (501) 666-7744 Variances are requested from ARTICLE X - SIGNS provisions of SECTION 36-547- LIGHTING of the Little Rock Code of Ordinances and the Department of Planning and Development's Electronic Message Sign Guidelines to permit an electronic message sign to have a scrolling message. I feel that strict enforcement of the provisions would be a hardship and am requesting variance in this case for the following reasons: 1. The information sought to be displayed on a scrolling message is stock index data, specifically the Dow Jones Industrial Average, the NASDAQ, and the Standard & Poors 500; 2. The manufacturers of electronic signage developed programs to display this index information, including whether the index is up or down, only in a scrolling format; 3. The information is of public service nature; and 4. This type of information was previously approved by variance for the Chamber of Commerce. CONTINUING A TRADITION THAT BEGAN IN 1931 1. 2. 3. 4. 5. 6. 7. 8. Ref: City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 ELECTRONIC MESSAGE SIGN GUIDELINES Planning Zoning and Subdivision These signs must meet the size, area, placement, lighting, .and installation requirements that currently exist within the Sign Code (required electrical permit). On single line display boards, there shall be no less than two seconds between message line changes. On double line or greater display boards, there shall be no less than five seconds between message changes. There shall be no traveling messages. No messages or letters shall wipe up, wipe down, double wipe, spell messages by word or letter. There shall be no flashing, movement, or animation of letters and/or messages. Fixed graphics shall be allowed, but no animated graphics will be allowed. Sign must be permitted and fees paid prior to erection. Sign Appeal Board and Adoption by the Board of Adjustment (1/27/92) It March 29, 2004 ITEM NO.: 8 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: Z-7602 James and Carol Brown 5112 West 33'd Street Lots 14 and 15, Inter City Addition 1-2 A variance is requested from the parking provisions of Section 36-502 to allow a reduced number of parking spaces in association with construction of a new warehouse building. The applicant's justification is presented in an attached letter. Vacant Warehouse 1. Right-of-way and Boundary Street improvements are being addressed through a waiver request at the Board of Directors. 2. All driveways shall be concrete aprons per City Ordinance. B. Landscape and Buffer Issues: Areas set aside for buffers and landscaping meet with the ordinance requirements. This takes into account the reductions allowed within the designated mature area of the City. C. Staff Analysis: The 1-2 zoned property at 5112 West 33rd Street is currently undeveloped. The property has been cleared in the past. There are small trees located March 29, 2004 ITEM NO.: 8 (Cont.) along the fence lines of the north and west property lines. There is a gravel driveway apron from West 33rd Street. The applicants propose to construct a 40 foot by 60 foot, one-story metal warehouse/storage building on the property. The building will be located 50 feet back from the front (south) property line, 15 feet to 24 feet back from each side line, and 40 feet back from the rear (north) property line. The proposed building conforms to the minimum ordinance requirements for setbacks. On March 2, 2004, the Board of Directors granted waivers for additional right-of-way dedication and street improvements for this proposed development. Associated with the proposed building construction, the applicant proposes to construct a small paved parking area for two (2) vehicles, with a paved driveway from West 33rd Street. The applicants note that only two (2) parking spaces are needed for the new building, based on the fact that there will be no customer or employee traffic. The proposed building will be used for the storage of building materials and supplies. Section 36-502(b)(4)b. of the City's Zoning Ordinance requires a minimum of six (6) off-street paved parking spaces for the proposed warehouse/storage building. Therefore, the applicants are requesting a variance from this ordinance requirement. Staff is supportive of the requested variance. Staff's support is based on the variance being approved for this specific business/occupancy and property ownership only. Staff believes the requested variance is reasonable based on the Brown's proposed use of the property. A future occupancy change may necessitate the need for additional off-street parking. Staff believes that additional Board of Adjustment review or construction of additional off-street parking should be required if the occupancy or ownership changes. Staff believes that the requested parking variances associated with the proposed use of the property will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendations: Staff recommends approval of the requested parking variance, subject to the following conditions: 1. A building permit must be obtained for all construction. 2. Compliance with the City's Landscape and Buffer Ordinances. 3. The parking spaces must have a minimum width of 9 feet and a minimum depth of 20 feet, with a minimum maneuvering area of 20 feet. 4. The variance is to be only for this specific use, these applicant's and their occupancy of the site. 4 March 29, 2004 ITEM NO.: 8 (Cont BOARD OF ADJUSTMENT: (MARCH 29, 2004) 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 5 ayes and 0 nays. 3 JamesMBownJr. Card R Bowe PO B®c26107 L i lle Ro d s, AR 72221.6107 February 20, 2004 Board of Adjustments City of Little Rock Re: Zoning Variance Request — Non -Residential, 1- 2 Lots 14 & 15 of Inter City Addition to the City of LR Physical address to be 5112 W. 33' Street To the Board of Adjustments: We would likd to build a metal storage building on two lots zoned I — 2 and located at 5112 W. 33rd Street, Inter City Addition to the City of Little Rock. This property is located a couple of blocks east of Mabelvale Pike/Fair Park and one block south of Asher. It is within a Pulaski County Round Ili Empowerment Zone. The property consists of 2 lots in the middle of a 9 lot block. The improved properties on either side of this parcel consist of a roofless, vacant, 16' high, concrete block building on the west and a vehicle `junkyard" on the west. On the other side of the street, there is a short, older strip -style facility containing 3 businesses requiring little vehicular traffic and an unoccupied, boarded -up residential house. We plan to use this building as a storage facility for building materials and supplies. This 'Warehouse" use is allowed under I — 2 zoning. Unlike large industrial warehouses, the building will not be staffed on a daily basis. In fact, access to the building will be limited. There will be no retail activity occurring at the building. The metal building will have a central alarm system for fire and security purposes. In light of these conditions, we are submitting a request for a waiver of the following Zoning requirements: 1.) 4 of the 6 required paved parking places Additionally, we have been advised by the city that it is customary to dedicate sufficient Right -of --Way to the city. In this case the amount of dedication is 5' from the front of the property. Due to the small size (100' x 140) combined the parallelogram shape of the lot, it will be difficult to place a rectangular building as planned on the property. Therefore we are seeking the following front yard setback: 2.) Reduce front yard building setback to 45from the required 50'. Note: None of the existing, usable buildings on the block are set back more than 25'. Thank you for your consideration. Respectfully, James M. Brown Jr. Carol H. Brown �1 vl� �4 F dQQV t �- W rK W W mLf) Q C6 co r) LIJ LL co LU E Z � ti � Cr- m CO > Q 2 0 S' L Q CW C ry� J` M z Q U) m Q H z W U) m Q W Q z W > W LL1 � D Q H m W Lij QU) � 0 >- z�DU)D z >: 0 C Of Q m H u - m o ='S March 29, 2004 There being no further business before the Board, the meeting was adjourned at 2:30 p.m. Date: 04/26/0q 6C'6"t-- Chairman Secretary