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boa_01 27 2003LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES JANUARY 27, 2003 2:00 P.M. Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. Approval of the Minutes of the Previous Meetings The Minutes of the December 23, 2002 meeting were approved as mailed by unanimous vote. Members Present: Members Absent: William Ruck, Chairman Fred Gray, Vice Chairman Terry Burruss Andrew Francis ScottRichburg City Attorney Present: Stephen Giles LITTLE ROCK BOARD OF ADJUSTMENT AGENDA JANUARY 27, 2003 2:00 P.M. I. DEFERRED ITEMS: A. Z-7330 B. Z-7338 C. Z -5943-A D. Z-7342 E. Z-7320 II. NEW ITEMS: 1. Z -3459-D 2. Z -3645-C 3. Z -5430-C 4. Z -6659-A 5. Z-7352 3209 Katherine Street 7312 Debbie Drive 5713 Kavanaugh Blvd. 5119 Sherwood Road 7 Southmont Circle 10400 Mabelvale Plaza 11601 Rodney Parham Road 2501 Barrow Road 600 Interstate 30 5423 Stonewall Road M O N 3Ad lt312VlLi A � ■ � // � � llnY9lHl ' ` N /7 CO .W\ yy \� CO3 q g Qj '� ..A 171'/1iL7J A � as — A MQVt)11 H�NY �t�bl CL 1S3 � 1DH3Hp F� � DNU as 3 i R MO 3AId t, s In 0 NOl UOOS �br (f7 z � Y Of A1MMM € A16Y3IIHn �4 snHa ds �t3� Q 3HJnH Q wins In r MIND LaJ MpyWB NHq' m 3 � 0ll0iilM]1'HS S � SIOIIVs s _ w 12 06 silml Alp N SLY1n Allo t SIM Allo 3 6� WAMns 1x+M3ls W OOT s M SAKI & � Alp a g b MAW o O QQ l. January 27, 2003 ITEM NO.: A File No.: Z-7330 Owner: James E. Weaver Address: 3209 Katherine Street Description: Part of Lots 9 and 10, Block 24, John Barrow Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 to allow an accessory carport structure with reduced separation and front setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single family residential Proposed Use of Property: Single family residential STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The R-2 zoned property at 3209 Katherine Street is occupied by a one- story brick and frame single family residence. There is a single car driveway from Katherine Street which serves as access. A 12 foot by 20 foot metal carport structure covers a portion of the driveway. The metal carport structure existed on the site when the current owner purchased the property in April 1997. The structure is located approximately 14 feet back from the front property line and flush against the front wall of the single family house. Section 36-156(a)(2)c. of the City's Zoning Ordinance requires that accessory structures in R-2 zoning be located at least 60 feet from a front property line. Section 36- 156(a)(2)b. requires that accessory structures be separated from principal January 27, 2003 Item No.: A (Cont.) structures by a minimum of six (6) feet. Therefore, the applicant is requesting variances from these ordinance standards. Staff is supportive of the requested variances. Staff's support is based primarily on the fact that the carport structure has been in place for years, with no complaints from neighbors. The City's enforcement staff observed the carport during a neighborhood inspection. Therefore, staff feels that it is reasonable to place the carport structure over the existing driveway. Although staff supports the variance requests, given the fact that the carport structure is not on a permanent foundation, staff feels that the variances should be approved for this property owner's use only. C. Staff Recommendation: Staff recommends approval of the requested variances for reduced front yard setback and building separation associated with the accessory carport structure, subject to the following conditions: The variances be approved for the property owner, James E. Weaver and his son, Reginald Weaver, only. 2. If the property is sold or the Weavers vacate the property, the carport structure must be removed from the site or moved to meet the minimum required setbacks. 3. The carport structure must remain unenclosed on the north, south and west sides. Staff will inspect the property every five (5) years to verify the ownership and occupancy of the property. BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) Staff informed the Board that the notices to property owners within 200 feet of the site were not completed as required. The Board determined that the item needed to be deferred to the January 27, 2003 agenda to allow the applicant time to complete the required notifications. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the January 27, 2003 agenda by a vote of 5 ayes and 0 nays. 0 January 27, 2003 Item No.: A (Cont. BOARD OF ADJUSTMENT: (JANUARY 27, 2003) Staff informed the Board that the applicant requested that this application be deferred to the February 24, 2003 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the February 24, 2003 agenda by a vote of 4 ayes, 0 nays and 1 absent. 3 4--� A doT-) F a / 749 R, 1 ✓t,2 X12 t E� t� 1 A?j j) s iTCXi-aC: b�Fi3 �i��°''Jr� / !! G CF1'f�f'�` � i •� f/fi"S r�� nJ �L1iC�' i� ICI�� x Toic1�1=j_fvlcx�S --i f-iZE 4 Two 7 3 �3. U 5-i 23 1� 3' d i January 27, 2003 ITEM NO.: B File No.: Z-7338 Owner: Cedric Raulston Address: 7312 Debbie Drive Description: Lot 202, Brookwood Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a deck addition with a reduced rear 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 STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The R-2 zoned property at 7312 Debbie Drive is occupied by a one-story brick and frame single family residence. There is a two -car driveway from Debbie Drive which serves as access. A 12 foot by 28 foot room addition was recently constructed on the rear of the structure. There is other remodeling work currently being done on the structure. The property owner proposes to construct a 16 foot by 28 foot deck addition on the rear of the structure where the building addition was recently constructed. The property slopes downward from the north wall of the structure to the north property line, and there is a door on the north wall of the structure. The property owner is proposing the deck addition to provide safe access to the rear of the house and maximize the usable rear January 27, 2003 tem No.: B (Cont. yard area. The owner has noted that there is a small, level yard area on the west side of the building, which is used as a play area for his children. The proposed deck addition will be unenclosed and uncovered, with a setback of 12 feet from the rear (north) property line. Section 36- 254(d)(3) of the City's Zoning Ordinance requires a minimum 25 foot rear yard setback for principal structures located in R-2 zoning. Therefore, the property owner is requesting a variance from this ordinance standard. Staff is supportive of the variance request. With the rear portion of this lot unusable due to the existing slope, staff feels that it would be reasonable to construct a deck in this area, leaving the level yard space on the west side of the house as a play area for the property owner's children. The proposed deck being unenclosed and uncovered will minimize any impact on the adjacent properties. Staff feels that the proposed deck will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the rear yard setback variance, subject to the proposed deck remaining unenclosed and uncovered. BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) Staff informed the Board that the notices to property owners within 200 feet of the site were not completed as required. The Board determined that the item needed to be deferred to the January 27, 2003 agenda to allow the applicant time to complete the required notifications. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the January 27, 2003 agenda by a vote of 5 ayes and 0 nays. BOARD OF ADJUSTMENT: (JANUARY 27, 2003) 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 November 21, 2002 733 9 Mr. & Mrs. Cedric Raulston 7312 Debbie Drive Little Rock, AR 72209 To Whom It May Concern: We are writing this letter in the hope of getting permission to build a deck in our backyard. We are a family with four children, ages 10 months to 14 years old, and are in need of more lawn space for family activities. We do no allow our children to play in the front lawn due to safety concerns. The house floor plan is designed where the rear door sits on a hill that has a 7 -foot drop on 24 feet. We have an area on the west side of the house that is used as a playground and a landscape area around the A/C unit and electric power panel. Thank you for your prompt attention to this matter. We sincerely hope that you will grant permission for us to build a deck at the rear of our house. Sincerely, The Raulston Family January 27, 2003 ITEM NO.: C File No.: Z -5943-A Owner: Fields -Williams Family Partnership Address: 5713 Kavanaugh Blvd. Description: South side of Kavanaugh Blvd., between Pierce and Fillmore Streets Zoned: C-3 Variance Requested: The request is to amend a previously approved parking variance (Spaule Restaurant) by removing a condition that limited the hours of operation of the restaurant. Justification: Present Use of Property Proposed Use of Property: STAFF REPORT Q Public Works Issues: No Comments. B. Staff Analysis: The applicant's justification is presented in an attached letter. Restaurant (dinner and Sunday lunch) Restaurant (lunch and dinner) The Board of Adjustment approved a parking variance for Spaule Restaurant at 5713 Kavanaugh Blvd. on February 13, 1995. The restaurant proposed to locate in a 2,200 square foot building which has no off-street parking, and was previously occupied by a retail establishment. Changing from a retail use to a restaurant use required that the applicant provide 15 off-street parking spaces. Therefore, the applicant filed a parking variance which was approved by the Board conditioned on the restaurant only being open 5:30 p.m. to 10:00 p.m. and Sunday 11:30 a.m. to 2:00 p.m. The hours of operation were proposed by the restaurant owner (amended application) at that time. January 27, 2003 Item No.: C The current restaurant owners, Shawna and Danny McGill, request to amend the previous approval by allowing the restaurant to open during the lunch hours. Please see the attached letter from the McGills, which explains their justification for the request. They feel that there has been a dramatic change in circumstances in the area since 1995. Staff does not support the requested amendment to the previously approved parking variance. Although staff supported the applicant's amended application in 1995, staff did not support the original submittal which included the restaurant being open during the lunch hour (see attached February 13, 1995 minute record). Staff recognized that there was a parking problem within this area of the Heights, which was a concern not only to staff but also to neighborhood residents and other business owners. To staff's knowledge, there has been no substantial change in the parking situation since that time. If the applicants can provide specific information showing that, "due to a drop in area traffic that the circumstances from then to now have changed dramatically," staff might have a different opinion of the situation. C. Staff Recommendation: Staff does not support the amendment to the previously approved parking variance. BOARD OF ADJUSTMENT: (NOVEMBER 25, 2002) Staff informed the Board that the applicant requested that this application be deferred to the December 23, 2002 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the December 23, 2002 agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) Staff informed the Board that the notices to property owners within 200 feet of the site were not completed as required. The Board determined that the item needed to be deferred to the January 27, 2003 agenda to allow the applicant time to complete the required notifications. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the January 27, 2003 agenda by a vote of 5 ayes and 0 nays. 2 January 27, 2003 Item No.: C (Cont.) BOARD OF ADJUSTMENT: (JANUARY 27, 2003) Danny and Shawna McGill were present, representing the application. There were no objectors present. Staff presented the item with a recommendation of denial. Danny McGill addressed the Board in support of the application. He submitted photos of the area to the Board. He stated that he has two (2) parking spaces at the rear of the building. He noted that the photos were taken around noon on January 27, 2003, and gave a brief explanation of them. He noted that the change in the area since 1995 was that there is a lull in business activity in this immediate area during the lunch hours. He stated that he had an agreement with an adjacent business to use six (6) parking spaces. Chairman Ruck asked if the spaces dedicated from the other business will be marked for the use of Spau16 Restaurant. Mr. McGill indicated that they would. Chairman Ruck asked how the Spau16 customers would find the parking in the rear. Mr. McGill stated that signage could be placed on the front of the restaurant indicating parking at the rear of the building. There was a brief discussion pertaining to the parking agreement. Staff noted that the neighboring business could only allow Spaule to use parking spaces in excess of the minimum ordinance requirement for their business. Vice -Chairman Gray asked what would be the anticipated traffic during the lunch hours. Mr. McGill noted that it would probably be 40 to 45 persons. Vice - Chairman Gray asked what the seating capacity of the restaurant was. Mr. McGill noted that it was 60 to 70 seats. There was discussion related to the number of vehicles which would come to the site during the lunch hours. Chairman Ruck asked about past history of parking issues in the areas along Kavanaugh Blvd. and if conditions were imposed on other businesses. Staff explained that there had been parking variances in the past which the Board had approved with conditions, and gave examples. Vice -Chairman Gray asked how many other restaurants in the area served lunch. Mr. McGill explained that there were three (3) others. There was additional discussion pertaining to the parking issue in this immediate area. Shawna McGill addressed the Board in support of the application. She noted that other businesses in the area had explained to her that they experience a lull in customer traffic during lunchtime. Vice -Chairman Gray expressed concern that additional parking will be needed in the near future with the retail space, which will be constructed on the north side 3 January 27, 2003 Item No.: C (Cont. of the new Kroger Store. This issues was briefly discussed. Mr. McGill noted that he should not be penalized by the future retail space. Andrew Francis concurred with Vice -Chairman Gray's concern. He suggested that the Board approve the amended parking variance for 12 months, and review the issue again after that time. This issue was briefly discussed. There was a motion to approve the amended variance and allow Spaule Restaurant to open during the lunch hours for 12 months, with additional Board review after that time. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The amended variance was approved. C! • September 23, 2002 SPAU LE' Members of the Board of Adjustments Department of Planning and Development 723 West Markham — S`j — Little Rock, AR 72201-1334 Dear Members, In reference to the parking ordinance in place for the area of 5713 Kavanaugh, we would like to apply for a variance for Spaule' Restaurant during the hours of 11:30 a.m. .. to 1:30 p.m. Spaule' has been established at 5713 Kavanaugh for a period of seven years. During this time, we have had the opportunity to serve our patrons from all. over the state of Arkansas and the country. We have created a good rapport and have enjoyed working with the people of Little Rock as well as many dignitaries from abroad. We would also like to fulfill the city's need for fine dining during the lunch hour. Our customers, who are mostly successful business men and women, have expressed to us their desire for a place where they can bring business prospects or corporate executives to dine in style and prospectively gain that persons' business for their firm. This in turn will drive more revenue into the local economy. It is for these reasons. that we submit our application to you at this time. We are aware of an application filed by the previous owner, Scott Swander, in 1995. We feel that due to a drop in area traffic that the circumstances from then to now have changed dramatically. We have been reviewing the parking availability in our area for the past two months and have concluded that there is more than ample parking to accommodate the volume of customers we can capacitate. Our neighboring merchants either have their own designated parking areas, or have a lull in customer base during that time because everyone is eating lunch in other parts of the city. We have attached the signatures of our neighbors for your review. They too have expressed a great desire for us to open for lunch to increase lunch hour business. Spaule' Restaurant has generated a huge amount of revenue for the Heights area and the city during our evening dining hours. This variance is sure to bring even more revenue not only for us, but to the neighboring merchants by bringing more consumers by their windows. We ask that you diligently consider our request for the variance. Any questions or ' suggestions you may have regarding this matter will be greatly appreciated. Please feel free to contact us at the number below. Respectfully, �J Shawna and Danny McGill Owner and Operators of Spaule' Restaurant 5713 KAVANAUGH BLVD. • LITTLE ROCK, AR 72207 • IN THE HEIGHTS • 501.664 -FOOD • FAX 501-664-4041 February 13, 1 y y 5 Item MnA 4 File NO. - Z -5943 Owner: Fields Family Ltd.'Partnership Address :n 5713 Kavanaugh.Blvd. Lot 7, :Block 6, Mount ain...P'&rk-. _ Addition Zn: C-3 variance Requested: JustifiCStion: Present Use of Property: Proposed Use of Property: From the off-street parking. regulations of.9ection 36-502 to Permit a restaurant with no .on-site' parking. The Ordinance. requires a 2,200 square. foots restaurant to Provide 22 on-site parkirig spaces. As is true of -many of the properties In the Heights Commercial District, the building occupies the entirety of ..the lot. There is no"portion.of the propert y. available for use as parking... a Vacant commercial 'building Restaurant �.. Staff Report - A. Engineering issues ..The pavement adjacent -to the curb is cracked and sagging,. repair is recommended. B.: Staff.Analysis- The applicant' p . .. .. _ PP .nproposes .to locate a..restaurant..in . _this. . ....._........_...._.... _ existing; 2.,200 square foot, C-3 zoned building. .. The restaurant will occupy a portion of a building which was formerly occupied by a retail shoe store. I There is no on- site parking available and the occupant is requesting a. variance from the Ordinance Parking Requirements to allow the restaurant to occupy this former retail space. When the 2,200 square foot area was used as a retail shoe store, it had a.parking requirement of 7 spaces. This same square_ footage, when used as s restaurant, requires 22 parking spaces: The property, as is true of many in the.Heights commercial area, has a non -conforming status in relationship February -13, 19.5 ' Item No. A (Cont to its parking requirement. If another retail use were proposed for this site, .that' non -conforming status would be continued and no parking. variance would be required. The. increase in parking requirement generates the request for a variance. _. Section 36-506 of the Code of Ordinances states: When a building or structure erected prior to or after the effective date of this chapter shall undergo any increase in number of dwelling units, gross f.loor area, seating capacity, number of employees or other unit of measure used in determining required parking'. f acilities, and when the increase would result in a requirement for additional. parking. fac ities,. such additional facilities shall be accordingly, Provided as a condition for obtaining a building permit or privilege license. In computing the number of spaces required for such a building, however, only the increase in unit measure shall be considered. Based on this Section, the restaurant must provide for the increasedrequirement of 15 on-site parking spaces. Based on data submitted by the applicant, the restaurant.--.. will generate the following numbers for lunch and .dinner service: Lunch - 65 to 70 persons per day Dinner - 80 to 100 persons per day The restaurant will accommodate approximately 60 seats at one ,time The issue of .parking in the Height's -:is of great -concern -to staff, neighborhood residents and adjacent commercial uses. Staff recognizes that there is a shortage of available parking and is concerned about how this shortage affects not only existing businesses but proposed businesses as well. There is no easy solution to this dilemma. Until such time as this issue is addressed on a broader scope; staff feels that a more conservative approach must be taken when addressing the question of parking in the Heights. While it is true that many of the adjacent commercial uses are not open during this proposed restaurant's dinner hour (5:30 p.m. - 10:00 p.m.), and more parking would be available in the area, the additional traffic generated during the lunch hours (11;30 a.m._ - 2:00 p.m.) would only exacerbate an already difficult situation. 2 February 13, 1990 Item No.: A (Cont-.) As such, staff cannot.suppor.t the requested parking variance. C. Staff Recommendation: Staff recommends denial of the requested parking variance.. BOARD OF ADJUSTMENT: (JANUARY 30, 1995) - Scott Swander was present representing the applicant. There were no objectors present. Staff presented the item and a recommendation of denial. .Staff also made reference to three letters which had been presented to the -Board. One letter was in support of the variance from the Heights Merchants and Professional Association. Two letters were in opposition to-thevariance; one from Ron Tunnell, Attorney representing the owners of the property at 5717 and 5719 Kavanaugh Blvd. and one letter from Flake, Tabor-, Tucker, Wells and Kelley, a property management company representing the owners of the Heights Theatre - at 5600 Kavanaugh, Harvest Foods at 550'1'Kavanaugh and the commercial center at 1818 North Taylor. Mr. Swander presented a map of the area around the 5700 block of Kavanaugh Blvd. He pointed out the availability of 60.parking Spaces,,counting on street parking as well as some private, off, - street -parking. Chairman Borchert asked what the seating capacity of the restaurant would be. Mr. Swander responded that the seating capacity would be approximately 60. After further discussion, Jeff Hathaway asked staff to give a history of the nonconforming status of parking in the Heights. Richard Wood responded by stating that the majority of the commercial area in the Heights was developed prior to the parking requirement, being placed"in the Zoning'Ordinance in 1958 or 1959. Since that time, new commercial development has had to comply with the on-site parking requirement. Andrew Melton addressed the Board in support of the variance. He stated the Heights Merchants and Professional*Association was concerned about businesses leaving the area and was in support of the proposed restaurant. Mr. Melton stated he did not understand' the Board's opposition to granting the variance since there is park'ng`available in the vicinity of the proposed restaurant. Dana Carney, of the Planning Staff, reminded the Board that the letters of opposition came from the owners of parking lots in the vicinity of the proposed restaurant. Some of the parking which Mr. Swander .had indicated as available for use -by the restaurant was in fact parking which is required by other businesses. 3 February 13, 1995 - Item No.: A (Cont.) Chairman Borchert stated that he was concerned about parking and traffic in the area. Jeff Hathaway asked how many neighborhood businesses were members of the Heights Merchants and Professional Association'. Mr. Swander responded that nearly' .100% of the businesses had membership in the Association. During the ensuing discussion, several board members indicated an inclination to approve the variance but also expressed concerns about. the._impact on neighboring businesses which have -on-site parking. Paul Hickey.then addressed the Board'in,support of the variance. Several board members then urged the applicant to try to find .a business with excess parking which would allow the restaurant to use some of its parking spaces: A motion was made to defer the item to the February 27, 1995 Board meeting to allow the applicant an opportunity to.locate" some available -parking. The motion passed by a vote of 6 ayes, 0 noes, 2 absent and 1 open position. (NOTES TO<FILE) After the January 30., 1995 Board meeting, the applicant approached staff with an amended application which limited the proposed restauraiit's-opening hours to only the dinner hours of 5:30 p.m. to 10:OOp.m. and a Sunday lunch from 11:30 a.m. to 2:Q0 p.m. in addition to amending the application, the applicant requested a special meeting of the Board. The reason, being, if -the applicant failed to get the approved variance by February 15, 1995, then the property would be up for lease consideration to another party. Staff approached Chairman Borchert who gave approval to poll the Board members about a special meeting to review the amended application. After polling the Board members and receiving unanimous consent, a special meeting was set for February 13, 1995 at 1:30 p.m. BOARD OF ADJUSTMENT: (FEBRUARY 13,'1.995) Scott Swander was present representing the applicant. There were no objectors present. Staff presented the item and advised the Board of the amended application which eliminated the restaurant's lunch hours. The hours of the -restaurant would be 5:30 p.m. to 10:00 p.m. and a Sunday lunch from 11:30 a.m. to 2:00 p.m. The applicant's reasoning behind the amended application is that most of the businesses in the immediate vicinity close by 6:00 p.m. and are not open at all on Sunday. Therefore, by eliminating the lunch hour, the proposed restaurant 4 February 13, 1995 Item No.: A (Cont.) should not create a parking conflict with the other businesses. Staff advised the Board that they agreed with this assessment and were offering a recommendation of approval of the amended application. Mr. Swander -addressed the Board and confirmed the amended. application. Chairman Borchert asked Mr. Swander if he had made contact with the.two individuals who wrote letters in opposition to the parking variance. Mr. Swander responded that he had spoken with both Mr. Wells and Mr. Tunnell and neither appeared to have any objections to the amended application. Chairman Borchert asked if.staff had received any comment -on -the item. Dana Carney, of the Planning Staff, responded that letterz had been -sent to both Mr. Wells and Mr. Tunnell advising them of the amended. -application and the February 13, 1995 Special -Board meeting. Mr.. Carney stated that there was no response -to the letters. Chairman Borchert stated that he and other Board members had received a phone call in opposition -to the variance request from Sam -Anderson -of the firm of Barnes, Quinn, Flake and Anderson. A motion:.was then made to approve the amended application.for.a parking variance subject to the restaurant being open onlyfor the dinner hours of 5:30 p.m. to 10:00 p.m. and the Sunday lunch hours of 11:30 a.m. to 2:00 p.m. The motion was approved with -a vote of.8 ayes, 0 noes and 1 open position. 5 r October 16 2002 -� r We, the below listed Heights business owners, believe it would be beneficial to our community for Spaule'.to open for lunch. The added revenue to the area would male it a welcome addition to our shopping district'. Nam -e Business pate.; ?) L MARY HEALEY'S FINE JEWELRY October 18, 2002 C -'4 Members ofBoard'of Department of Planning & Development 723 West Markham Little Rock, AR 12202 Dear Members: I have learned that Spaule'.a neighbor. business is seeking permission to open for lunch. I am very hopeful that this request is approved for I believe this addition to. the service for the area would definitely be positive for.the Heights neighborhood. I appreciate your time and consideration, I- anticipate your decision with great interest. A sincere "thank you" to each of you. Trulv. P .. .. .- , = ... '�'TA "'�� .i-•' " -- •��`'{.•:' _. __ is ... . CERTIFIED GEMOLOGIST AMERICAN GEM SOCIETY 5600 Kavanaugh • Old Heights Theater Building • Little Rock, ,Arkansas 72207 11-1\ iii. ISI /. - /enl\ T'.___ C� October 28, 2002 Members of Board of Adjustments Dept of Punning and .Development '723 W. Markham Little Rock, AR 72201 Dear Board Members, I am writing to express my support for the McGill's request to open their restaurant, Spaule, during daytime.hours. An increase in Heights pedestrian traffic can only serve to benefit surrounding retailers like myself. I understand that a particular store owner has concerns regarding the parking situation; I do not share that concern. Street parking on Kavanaugh Blvd. is rarely full and I do not foresee any problems with parking. Please don't hesitate to contact me if you have any questions regarding this letter. Thank you. Sincerely, Melissa Rowland, Owner The Great Southern Sauce Company 5705 Kavanaugh Blvd. Little Rock, AR 72207 663-3338 KECEIVED OCT 8 12002 January 27, 2003 ITEM NO.: D File No.: Z-7342 Owner: Mr. and Mrs. Alan Warrick Address: 5119 Sherwood Road Description: Lot 82, Prospect Terrace Addition Zoned: R-2 Variance Requested: " A variance is requested from Section 36-156 to allow an accessory building with a reduced separation. Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT U Public Works Issues: No Comments. B. Staff Analysis: The applicant's justification is presented in an attached letter. New single family residence under construction Single family residential The R-2 zoned property at 5119 Sherwood Road contains a two-story single family residence which is under construction. Vehicular access will be by way of an existing alley on the south property line. In addition to the new residence, the applicants propose to construct a 22 foot by 22 foot detached garage at the southwest corner of the property. The proposed house and accessory garage meet or exceed all ordinance required minimum building setbacks with the exception of the separation between the two (2) structures. The applicants propose a 3.5 foot separation between the house and garage. Section 36-156(a)(2)b. of the City's Zoning Ordinance requires that single family residences be separated from accessory buildings by at least six (6) feet. Therefore, the applicants are requesting a variance from this ordinance standard. January 27, 2003 Item No.: D (Cont. Staff is supportive of the requested variance. Staff feels that the variance request is reasonable, given the fact that the lot has a 30 foot front platted building line and a four (4) foot easement along the rear property line. If the lot had a 25 foot front platted building line as is typically allowed in R-2 zoning and/or the four (4) foot easement did not exist along the rear property line, then the house could be shifted up or the accessory building could be shifted back to the property line which would provide ample space for the required separation. Staff feels that the proposed development for this lot will not be out of character with other properties in this area, and have no adverse impact on the adjacent properties. Staff feels that it would be reasonable to require that the Little Rock Fire Department sign off on the proposed building separation to assure that no fire codes are violated. C. Staff Recommendation: Staff recommends approval of the requested variance, subject to the Little Rock Fire Department approving the proposed building separation. BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) Staff informed the Board that the applicant requested that this application be deferred to the January 27, 2003 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the January 27, 2003 agenda by a vote of 5 ayes and 0 nays. BOARD OF ADJUSTMENT: (JANUARY 27, 2003) 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 Alan & Ann Warrick 5500 Edgetivood Road Little Rock, AR 72207 December 3, 2002 Mr. Monte Moore Department of Planning and Development 723 W. Markham Little Rock, AR 72201 Re: Residence of Alan and Ann Warrick 5119 Sherwood Road Little Rock, AR 72207 Dear Mr. Moore, � 4� D We are requesting a rear yard setback variance for our residence located at 5119 Sherwood Road. We are constructing a new home and desire a detached garage with rear alleyway access. The proposed plans reflect our need to encroach north of the rear building line as noted for detached outbuildings. We believe our proposed plans are consistent with many other homes in Prospect Terrace and ask for your consideration of our variance request. Sincerely, Alan & Ann ',Warrick Moore, Monte 1-2 — -7 2— From: Kinney, Don Sent: Friday, December 20, 2002 1:48 PM To: Moore, Monte `�` Cc: Johnston, Phil �� Subject: Property variance We concur with your staff recommendation in regards to approval of the requested zoning variance at 5119 Sherwood Road. If we can be of further assistance, please do not hesitate to let us know. I will be out of the office next week, but will check my voice mail. If you need more immediate attention, contact Fire Chief Phil Johnston at 918-3740. January 27, 1003 ITEM NO.: E File No.: Z-7320 Owner: Dr. Richard A. Dennis Address: 7 Southmont Circle Description: Lot 15, Richmond Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-156 to allow a satellite dish with a reduced front 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 STAFF REPORT 0 Public Works Issues: 1. Public Works does not support the mounting of private equipment in the public right-of-way or on public utility poles. B. Staff Analysis: The R-2 zoned property at 7 Southmont Circle is occupied by a one-story brick and frame single family residence. There is a one -car driveway from Southmont Circle which serves as access. The property owner recently attached an eighteen -inch satellite dish to the utility pole in the right-of- way, near the southwest corner of the property. The City's Zoning Ordinance classifies a satellite dish as an accessory structure, with minimum required setbacks. Section 36-156(a)(2)c. of the Zoning Ordinance requires a minimum front yard setback of 60 feet for accessory structures. The satellite dish is located on a utility pole approximately 10 feet into the right-of-way of Southmont Circle. Therefore, the applicant is requesting a variance from January 27, 2003 Item No.: E (Cont.) this ordinance standard. The applicant notes in the attached letter that there is no alternate location for the satellite dish, given the large trees within other portions of the property which would obstruct the dish's receiving ability. Staff does not support the variance request. As noted in paragraph A. of this report, Public Works does not support the placement of private equipment in the public right-of-way on public utility poles. This type of use of the public right-of-way,is not a policy that staff wishes to establish in any form. C. Staff Recommendation: Staff recommends denial of the setback variance as associated with the satellite dish. BOARD OF ADJUSTMENT: (NOVEMBER 25, 2002) Staff informed the Board that the applicant requested that this application be deferred to the December 23, 2002 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the December 23, 2002 agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (DECEMBER 23, 2002) Staff informed the Board that the applicant requested that this application be deferred to the January 27, 2003 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the January 27, 2003 agenda by a vote of 5 ayes and 0 nays. BOARD OF ADJUSTMENT: (JANUARY 27, 2003) Richard A. Dennis was present, representing the application. There were no objectors present. Staff presented the item with a recommendation of denial. Richard A. Dennis addressed the Board in support of the application. He requested to amend the application to place his own pole in the right-of-way next to the utility pole and place the satellite dish on that pole. Stephen Giles, City Attorney, noted that a franchise would have to be granted by Public Works. 2 January 27, 2003 Item No.: E (Cont. Andrew Francis noted that the Board of Directors was working on an ordinance to prohibit private encroachments into public rights-of-way. Andrew Francis asked if the dish could be moved back and placed on the private property. Mr. Dennis noted that it could not and explained. Staff noted that the satellite dish would only have to be moved back approximately 10 feet to place it on the private property. Mr. Dennis noted that it could not be moved back that for and maintain reception. There was additional discussion related to the location of the satellite dish and its installation. Mr. Dennis noted that he installed the dish. Chairman Ruck asked if tree limbs could be cut to improve the reception. Mr. Dennis noted that the tree which would interfere with the dish's reception was on the adjacent property and not his. Vice -Chairman Gray stated that he would like a professional to look at the satellite placement. Andrew Francis suggested deferring the application so that Mr. Dennis could explore moving the dish out of the right-of-way and onto his property. Mr. Dennis noted that he did not want the application deferred. There was additional discussion related to moving the satellite dish out of the right-of- way. There was a motion to approve the application, as filed. The motion failed by a vote of 0 ayes, 4 nays and 1 absent. The application was denied. 3 October 25, 2002 Mr. Monte Moore 723 West Markham Street Little Rock, AR 72201 Dear Mr. Moore, . -� E 2--73-2-0 I am writing to request a residential zoning variance relating to CourtesyNotice 5662 that I was issued on 9/4/02 due to a code violation on myproperty. I have an eighteen -inch satellite dish attached to the light pole in front of my home. The notice indicated "accessory structures could not be located closer than 60' to the front property line".. I have lived on Southmont Circle longer than any other resident and I would not want to do anything to detract from our properties. I make this appeal because: . 1. There is not an alternative location for placement of the satellite dish. The satellite dish must have a clear view of the south-east skyto function. Myyard, as wellas my neighbor's, contains many large trees which obstruct this view everywhere except from the light pole. Please see the included photos. 2. The dish is well above the line of sight and does not detract from the property's appearance. 3. It is also well below the street lamp. The dish is properly grounded and does not present a safety issue. Thank you for taking the time to consider this appeal. I understand that there are rules that must be followed to protect the rights of my neighbors, but I am also thankful that reasonable exceptions can be made. Sincerely, T11., V 14 Dr. Richard A. Dennis 7 SOUTHMONT CIRCLE LITTLE ROCK, AR 72209 501-568-6711 5�1-9�0-R0�.4 t January 27, 2003 ITEM NO.: 1 File No.: Z -3459-D Owner: Twin City Bank Address: 10400 Mabelvale Plaza Description: South side of Interstate 30, approximately 800 feet west of Baseline Road Zoned: C -3/C-4 Variance Requested: A variance is requested from the buffer requirements of Section 36-522 to allow a reduced interstate buffer. Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: With Building Permit: The applicant's justification is presented in an attached letter. Undeveloped Bank 1. Construct road frontage improvements to match adjacent development on the 1-30 frontage. 2. Sidewalks with appropriate handicap ramps are required in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. 3. On-site stormwater detention is required unless it can be demonstrated that the developer is to provide area -wide facilities. 4. Provide the direction of flow and all stormwater flows (2) entering and leaving the property. 5. All driveways shall be concrete aprons per City Ordinance. Provide drainage break at apron. January 27, 2003 Item No.: 1 (Cont.) B. Landscape and Buffer Issues: Areas set aside for buffers and landscaping meet with ordinance requirements with the exception of the proposed buffer along Interstate 30. The zoning and landscape ordinances both require a thirty (30) foot wide on-site landscape buffer when abutting an expressway. Therefore, a variance from the City Beautiful Commission will also be required in this regard. The impact of the reduced buffer landscape width along Interstate 30 could be lessened with the use of berming and additional evergreen trees and shrubs. C. Staff Analysis: The C -3/C-4 zoned property located on the south side of Interstate 30, approximately 800 feet west of Baseline Road, is currently undeveloped and partially wooded. The majority of the property is zoned C-3, with a small sliver of C-4 along the west property line. The property is part of the Mabelvale Plaza commercial development. The property owner, Twin City Bank, is proposing to construct a branch bank facility on this site. The proposed development will consist of a 3,700 square foot branch bank building with drive-thru, and associated drives and parking. One (1) access point from the 1-30 service road is proposed. Section 36-522(a)(3) of the City's Zoning Ordinance requires a minimum 30 foot street (interstate) landscape buffer for this site. The proposed site plan provides a 12 foot buffer along the majority of the north (interstate) property line. Therefore, the property owner is requesting a variance from this ordinance standard. Staff is supportive of the requested variance. The proposed street buffer is very close in width to the buffers provided with the newer commercial developments to the east (Pizza Hut, branch bank, Sonic). The proposed buffer should align nicely with these sites, which were developed prior to the current street (interstate) buffer requirement. Additionally, the applicant has submitted a landscape plan which shows a berm and additional landscape plantings within the proposed buffer area to help lessen the impact of the reduced buffer width. The reduced buffer width should have no negative impact on the general area. As noted in paragraph B. of this report, the property owner will also need to request a variance from the City Beautiful Commission. 2 January 27, 2003 Item No.: 1 (Cont.) D. Staff Recommendation: Staff recommends approval of the requested variance for reduced buffer width subject to the following conditions: 1. Compliance with the Public Works requirements as noted in paragraph A. of this report. 2. Approval must also be obtained from the City Beautiful Commission. 3. Provide berming and additional evergreen landscape plantings within the street buffer area. BOARD OF ADJUSTMENT: (JANUARY 27, 2003) 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 - -GGART FOSTER CURRENCE TGRAY " ARCHITECTS, INC. ~ rs��mse r ARCHITECTURE j Dedember 20, 2002 PLANNING , i INT•E-RIORS � Little Ro&-City .Board of Adjustment +~Lo i -. P41A -� Department-of.Planning.and Development ' 723 West,Markham ; Little Rock, Arkansas 722-01-1334: F'o u iv D E Rs Re Request for•30-Foot Landscape Buffer Variance I� I" James Burt dT I 83..1r:. A.LA. , Twin City Bank, Mabelvade Branch .. (Retired) i Kenneth "Buck" Matthews I,�30 Frontage Road and Baseftne Road, Little Rock,' Ark , as Charles D:'Foster, A.LA Ci • of Little Rock: Board of Ad'ustrnent I. LA3 PRTNERS _ On behalf of the Owner, Twin City Bank, North Little=Rock, Arkansas, submitted herewith is "documents, - . Charles D. Foster, A.I.A. ? .an Application for honing Variance with' required supporting for. the above Jeny E. Curzence, A.T.A. referenced project. „ The•purpose of this, application is to request a variance .to the existing. 30400t.1andscape George W "Bill" Gray, A.I.A. Buffer, which- is required between the 1-30 Frontage Road' Right -Of -Way and any MIP rovementS.(parking lot and structures). I Ass .o c I tiT E j . The" Owner proposes to provide a TZ -foot wide Landscape Buffer with. a30=inch, high Earthen Paul.Mjchael Callahan, A.I.A.. Berm'arid increased landscaping, The "increased landscaping -will be. in the formof providing '. trees: to equal ahe amount required as if planted at 20 -feet on. center in lieu of an amount equal to 30 -feet on center as required. Justification and reasons for requesting,a variance in the 30 -Foot T:andscape.Buffer can -be summarized as follows: . ADDRESS L.. This requirement would •place our' site improvements approximately 60 -feet back 4500 Burrow Drive from the pavement of the 1-30 Frontage Road.. a 'North uttie Rock, AR 721 16 2. This requirement would force the front of the proposed structure to be approximately 30 -feet .further- .back from the •1-30 Frontage : Road. Right -Of Way than- existing:" i r H o N E structures on either side of this. subject property:. t .. .50-1 '758',7443 3: This requitement forces the Owner to purcTiase an additional strip of land along the. i Right -Of -Way, which, is: an increase of 40.percent. in the totalproperty'required for this project.. FAX ; 501 ' 753 ' 7309 INTERNET wwra.TagaArch.com FQS T ER-CURRENCE-GRAV .11M - yt.r .a. amYM.: January 27, 2003 ITEM NO.: 2 File No.: Z -3645-C Applicant: Little Rock Fast Cash, Inc. Address: 11601 Rodney Parham Road Description: Southeast corner of Rodney Parham Road and Green Mountain Drive Zoned: C-2 Variance Requested: A variance is requested from Section 36-555 to allow additional incidental 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 C-2 zoned property at 11601 Rodney Parham Road is occupied by a commercial strip center. One of the tenants, Little Rock Fast Cash, was recently issued a courtesy notice by the City's Zoning Enforcement Staff based on the fact that more incidental signage than allowed had been placed on the business' front windows. Approximately 42 square feet of incidental signage is located in the front windows and door of the business. A sign permit was issued for the 2 foot by 16 foot wall sign located at the top of the building's facade. Section 36-555(a)(2)d. of the City's Zoning Ordinance allows a total of 20 square feet of incidental signage for each business occupancy. Therefore, the applicant is requesting a variance from this ordinance standard. t January 27, 2003 Item No.: 2 (Cont. Staff does not support the requested variance. Staff feels that the amount of incidental signage is out of character with the other businesses in this strip center and the general area. The permitted wall sign represents 10 percent of the approximate 320 square feet of building fagade for this business. This is the maximum amount of wall signage allowed by ordinance. Therefore, staff does not feel that the applicant has any justification for requesting more than the 20 square feet of incidental signage allowed by ordinance. C. Staff Recommendation: Staff recommends denial of the requested variance. BOARD OF ADJUSTMENT: (JANUARY 27, 2003) Staff informed the Board that the applicant requested that this 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. 2 1 1,, --42- Z - 3 LITTLE 2 - LITTLE ROCK FAST CASH, INC.' 11601 N. Rodney Parham Road Suite 4 Little Rock, AR 72212 (501)312-2274 Phone (501)954-7752 Fax December 20, 2002 City of Little Rock Department of Planning and Development 723 West Markham Little Rock, AR 72201 To Whom It May Concern: Enclosed please find an Application for Zoning Variance (Signs). This application is requesting additional incidental signage (on the front windows) of the business. Please see attached picture of window signage and layout of front of the building, including the measurements of the windows and letters on them. We feel like the signage has been done in a tasteful manner. We also feel that it is necessary because the location of the office is set back off of Rodney Parham Road, therefore, larger lettering is necessary to capture the drive-by traffic on Rodney Parham as well as Green Mountain Drive. We are currently in possession of a permit for the 2' X 16' sign on the top of the building (Permit #22605). Your sincere consideration for a variance would be greatly appreciated. Si cerely, Rhonda Gunter Supervisor l January 27, 2003 ITEM NO.: 3 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT /.\ Public Works Issues: Z -5430-C Little Rock School District 2501 Barrow Road East side of Bowman Road, at Tanya Drive A variance is requested from Section 36- 543 to allow the permanent placement of banner signs. The applicant's justification is presented in an attached letter. High School High School Hanging of signs and banners on traffic control poles is prohibited under City code and the Manual of Uniform Traffic Control. No banners can be hung on the three poles that hold signal and warning devices on Barrow Road. Banners are allowed at all other locations within the property. Entergy approval may be required if the poles are not owned by the School District. B. Staff Analysis: The R-2 zoned property at 2501 Barrow Road is occupied by the Parkview High School campus. The school is requesting to permanently install banner signs to 19 utility/light poles to enhance and identify the campus. Three (3) of the poles are located in the Barrow Road right-of-way and contain City of Little Rock traffic control and warning equipment. Two (2) of the poles are utility poles located along the north property line. The remaining poles are light poles or utility poles located within the interior school parking lots. The school proposes to place one (1) banner (30" X January 2i, 2003 Item No.: 3 (Cont.) 60") near the top of each pole. Attached is a photo showing the proposed typical banner placement and design. Section 36-543(2) of the City's Zoning Ordinance prohibits the use of banner signs, except for the temporary placement as allowed with a special event permit as noted in Section 36-557 of the Ordinance. Therefore, the school is requesting a variance from these sections to allow the permanent placement of the banner signs. Staff supports the variance for the banner signs to be placed on the 16 light poles and utility poles within the interior of the site. However, as noted in paragraph A. of this report, placement of banner signs on traffic control poles is strictly prohibited under City code and the Manual of Uniform Traffic Control. Therefore, staff cannot support the placement of the banner signs on the three (3) poles within the right-of-way. Additionally, if banners are to be placed on the two (2) utility poles along the north property line, the school must verify that the poles are on their property and have permission from the utility company (Entergy). This also applies to any other interior poles which may be owned by the utility. Otherwise, staff feels that the banner signs located within the interior of the site will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested variance subject to the following conditions: No banner signs will be allowed on the traffic control poles within the Barrow Road right-of-way. 2. The applicant must verify that the two (2) utility poles along the north property line are on school property. 3. The applicant must have permission from Entergy for banner placement on any of the poles owned by the utility. 4. The wording on the banner signs will be limited to that as shown on the graphic design submitted. 5. If any of the banner signs become torn or damaged, they must be removed or replaced immediately. 2 January 27, 2003 Item No.: 3 (Cont. BOARD OF ADJUSTMENT: (JANUARY 27, 2003) 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 9 - PARKVIEW ARTS/SCIENCE MAGNET HIGH SCHOOL 2501 BARROW ROAD LITTLE ROCK, ARKANSAS 72204 (501) 228-3000 To: City of Little Rock Board of Adjustment December 19, 2002 From: Dr. Linda Brown, Principal ''Y? Parkview Arts/Science Magnet High School Little Rock High School RE: Request for Variance We at Parkview Magnet High School are requesting a variance to Section 36-543 of the Little Rock Code of Ordinances, so that we might permanently install banners to existing poles on our campus. These banners would be attached to poles on the north and south corners of the entrance to Patriot Manor Drive on Barrow Road, up Patriot Manor Drive, on the LRSD light poles in both the teacher and student parking lots and in front of the auditorium, and on one utility pole at the south border of the campus on the east side of Barrow Road. The 18 banners will be 30" wide by 60" long and would be attached at the uppermost part of the poles. These banners will enhance and identify our campus, will remind motorists that they are in a school zone, but they will not obstruct vision. Banners such as these are flown with pride at many other schools around the country and they will invoke a spirit of pride in our students and their parents as they arrive at an otherwise unidentified campus. LITTLE ROCK SCHOOL DISTRICT January 27, 2003 ITEM NO.: 4 File No.: Z -6659-A Owner: Carpenter Hotel Group, LLC Address: 600 Interstate 30 Description: West side of 1-30, between East 6t" and East 8t" Streets Zoned: ., UU Variance Requested: Variances are requested from Sections 36- 342.1 and 36-553 to allow a ground - mounted sign which exceeds the maximum size allowed. Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT 0 Public Works Issues: No Comments. B. Staff Analysis: The applicant's justification is presented in an attached letter. Hotel (under renovation) Hotel The UU zoned property at 600 Interstate 30 is occupied by an eight -story hotel which is currently being remodeled. The hotel building is located within the north one-half of the property, with parking within the southern portion. There are existing access drives along the east and west property lines. With the property renovation, the applicant is proposing to install new signage. All of the signs proposed by the applicant conform to ordinance standards with the exception of the ground -mounted sign proposed to be located at the northeast corner of the property. The existing ground -mounted sign near the access drive along the east property line will be removed. January 27, 2003 Item No.: 4 (Cont. The proposed ground -mounted sign will have a height of 25 feet and an area of 116 square feet. The main sign area is 92 square feet, with a 24 square foot reader board (changeable copy) located on the sign's support structure. According to Section 36-342.1(c)(11) of the City's Zoning Ordinance, signage permitted in the UU zoning district shall be the same as that permitted in the institutional and office zones (Section 36-553). This section allows a maximum sign height of six (6) feet and a maximum sign area of 64 square feet. Therefore, the applicant is requesting variances from these ordinance standards. Staff is supportive of the requested variances. Staff feels that the requested ground -mounted sign will not be out of character with the other taller ground -mounted signs located to the north, south and across 1-30 to the east. This interstate location gives the property a different character from other commercial properties in the pedestrian -oriented downtown area (UU zoning district), where lower -level signage is more desirable. Therefore, staff feels that the proposed sign is appropriate for this location, and will have no adverse impact on the general area. C. Staff Recommendation: Staff recommends approval of the requested variances subject to the following conditions: 1. The sign will have a maximum height of 25 feet and a maximum area of 116 square feet. 2. The ground -mounted sign must be located at least five (5) feet back from any property line (to the closest edge of the sign). 3. Sign permits must be obtained for all signage. BOARD OF ADJUSTMENT: (JANUARY 27, 2003) 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 C,alj�ie� HOTEL GROUP;, LiC, January 13, 2003 Mr. Monte Moore Zoning and Enforcement Administrator City of Little Rock Planning & Development 723 West Markham Street 2nd Floor Little Rock, Arkansas 72201-1334 Dear Monte and Honorable Board Members: We are excited to be approaching the completion of a landmark renovation here within your city at 600 Interstate 30 (1-30 @ 6 completion Our new facility "The Holiday Inn Presidential Conference Center" will provide one hundred and fifty (150) new rooms and suites for the benefit of the Downtown Central Business District. The entire project is located within the UU (Urban Use) Zoning District, with its structure and zoning enforcement favorable for this type of new development. This is my first appearance before the Board in which I humbly request your support and understanding of our current signage difficulties. Our signage problem and topographical challenge results from the following: The high 1-30 service road embankment completely blocks the view corridor from 1-30 Northbound traffic. This same high-level embankment partially prohibits sign visibility from Southbound traffic. The State Highway Department's need to create the approximate forty (40) feet embankment was to accommodate two (2) overpasses located at 6th Street and 91h Street. Our proposed variance request is for the opportunity to remove the existing monument and pole sign from where it is currently; relocate it to the North approximately one hundred forty-two (142) feet and increase the sign area to accommodate the new 21St century Holiday Inn corporate medallion logo. The replacement sign carries a dimension of ninety-two (92) square feet with a small changeable copy board of twenty-four (24) square feet underneath totaling one hundred sixteen (116) square feet in area. This sign is not as large as Holiday Inn 1/13/2003 Confidential 400 WEST CAPITOL AVENUE • SUITE 1700 • LITTLE ROCK, ARKANSAS 72201 (501) 372-7446 • FAX (501) 372-7447 • carpenterandco @sbcglobal.net Corporate prefers; however, we feel it would meet our minimum need at a height of twenty-five (25) feet. We have kept the height as low as possible at twenty-five (25) feet, which is substantially lower than the Exxon signage on our North Property line which is approximately fifty (50) feet. Honorable Board, without this viable interstate signage our new mid-range priced hotel may be overlooked by tourist and business travelers with a net effect of spending their dollars outside the city limits of Little Rock. As you probably know, the highest traffic count of any section of interstate highway in the entire state of Arkansas is located between 6t" Street and the Arkansas River. These traffic counts exceed one hundred and twenty five thousand (125,000) cars per day as documented by the Arkansas Highway Transportation Department. Please consider our request so that we may reasonably display our hotel to the traveling public. Lr -\l.,/ U 1 1 1/13/2003 Confidential January 27, 2003 ITEM NO.: 5 File No.: Z-7352 Owner: Mary Ward Gans Address: 5423 Stonewall Road Description: Southeast corner of Stonewall Road and Polk Street Zoned: R-2 Variance Requested: An administrative appeal is requested to determine that the accessory building on the property should be classified as a nonconforming accessory dwelling. 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 with accessory dwelling STAFF REPORT V, Public Works Issues: No Comments. B. Staff Analysis: The property at 5423 Stonewall Road is zoned R-2 and contains a one- story brick and frame single family residence within the north one-half of the lot, with a one-story frame accessory building along the south (rear) property line. The accessory building was converted to a dwelling in 1985 (without City approval) and used as a dwelling until 1995 or 1996. The accessory dwelling was used as a residence for various family members. In 1995 or 1996 the accessory dwelling was converted to a studio and office by James E. Ward (son of the property owner), who lived in the principal structure. Since that time, the only residential occupancy of the accessory building was by a family member from January to June, 2002. January 27, 2003 Item No.: 5 (Cont.) According to the City's Zoning Ordinance Section 36-153(c), the abandonment or discontinuance of a nonconforming use shall be dealt with as follows: "When a nonconforming use has been discontinued or abandoned, and the appearance of which [such use] does not depict the identity of an ongoing use, and further if said situation exists for a period of one (1) year, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land or structure shall comply with the regulations of the zoning district in which such land or structure is located." Based on the fact that the accessory structure was not utilized as a dwelling for more than 12 consecutive months after 1995 or 1996, staff cannot classify the structure as nonconforming. In October 2002 a building permit was inadvertently issued for the remodeling of the accessory structure as a dwelling. Staff feels that the permit was issued based on miscommunication between the contractor and City staff. When the plumber applied for a permit, the permits personnel flagged the building permit and a stop work order was issued on December 19, 2002. Therefore, the property owner, Mary Ward Gans, is requesting an administrative appeal and asking the Board of Adjustment to determine that the accessory building should be classified as a nonconforming accessory dwelling. The property owner notes that a significant amount of money has been spent on the remodeling of the accessory structure since the building permit was issued. Additionally, it has been noted that the property owner has medical problems, and needs the accessory dwelling for a family member who will help care for her. Please see the attached letter from the property owner's attorney which provides additional information and detail regarding the accessory building in question. BOARD OF ADJUSTMENT: (JANUARY 27, 2003) Ralph Downs and James Ward were present, representing the application. There were no objectors present. Staff gave a brief description of the requested administrative appeal. Ralph Downs addressed the Board in support of the application. He gave a brief history of the property and the use of the accessory building. He noted that the accessory building had been used as a dwelling for various family members in 2 January 27, 2003 Item No.: 5 (Cont.) the past and never rented. Mr. Downs offered the following restrictions to the Board: 1. The accessory structure will never be rented. 2. Only one (1) family member will live in the accessory dwelling. 3. There will be only one (1) vehicle allowed for the accessory dwelling. 4. If the property is ever sold, the conditions will remain the same or a conditional use permit will be requested. Andrew Francis noted agreement with the restrictions offered by Mr. Downs. There was a brief discussion concerning these restrictions. Chairman Ruck asked if there would be an instance where more than one (1) family member would occupy the accessory dwelling. James Ward addressed the Board in support of the application. He stated that he did not expect more than one (1) family member to occupy the accessory dwelling, but that it was possible. He stated that he would request a conditional use permit if there was any change in the use of the accessory dwelling. There was additional discussion concerning the restrictions offered by the applicant. There was a motion to approve the administrative appeal, subject to the following conditions: 1. The accessory dwelling will be occupied by family members of the property owner only. 2. The accessory structure/dwelling must not be rented. 3. Only one (1) vehicle will be allowed for the accessory dwelling use. 4. If there is a change in property ownership, the accessory structure will cease being used as a dwelling. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The administrative appeal was approved. 3 RALPH A. DOWNS, lElt1, M.A., J.D. ATTORNEY AND COUNSELOR AT LAW Modern Woodmen of America Building 1941 South Broadway Little Rock, Arkansas 72246 Telephone (501) 6074416 Facsimile (501) 3'74-5175 December 23, 2002 The Board of Adjustment City of Little Rock 723 W. Markham Little Rock, AR 72201 - 735 -2 - RE: 352 -- RE: Mary Ward (now Gans) -Application for Action on Administrative Appeals or Interpretative Requests/5423 Stonewall, Little Rock, AR 72207 Dear Members of the Board: I have the privilege of representing Mrs. Mary Ward (now Gans) in the above cited matter. Please find enclosed my clients Application for Action on Administrative Appeals of Interpretative Requests for 523 Stonewall, Little Rock, Arkansas 72207. As specified in the directions, my client has asked me to include a $50.00 check for the filing fee. Please consider this correspondence the cover letter detailing the applicant's proposal providing the purpose and reasons for the request for and administrative appeal. My client, Mary 'Ward (now Gans), seeks approval for an non -conforming accessory dwelling in order to maintain and existing accessory building that has long been used as an accessory dwelling at 5423 Stonewall, Little Rock, Arkansas 72201. The purpose of her request is based on her grave medical condition. By maintaining the building, her son, James E. Ward, will be able to live in the accessory dwelling and provide assisted living services to my client. My client has never rented the accessory dwelling and has no intent to do so in the future. She only desires a place for her son to live in order that he can provide care while she resides at 5423 Stonewall, Little Rock, Arkansas, during her final years and not be forced to enter a nursing home or assisted living facility.. Prior to Ms. Ward (now Gans) inheriting the house it belonged to her mother, the late Mrs. Mary Ethel Melton, who was born in 1897 and died in 1995. The late Mrs. Melton lived in the home for a substantial part of her adult life. The accessory dwelling in question, was converted from a garage to a dwelling in 1985. My client did not know until the present circumstances arose, that when her mother, at the age of 87 years, converted the building that she did not obtain proper permits or a zoning variance. As previously stated, Mrs. Melton died at the age of 98 in 1995. The accessory dwelling was inhabited by various family members, consistently from 1985 until 1995 or 1996. Mrs. Ward (now Gans)'son, James E. Ward, lived in the accessory dwelling from 1990 to 1995 or 1996, to provide assistance and care to his grandmother, Mrs. Melton. After her death in 1995, he moved to the main residence. Mr. Ward continued to use the accessory dwelling house as a studio and office. From January 2002 until June 2002, Mr. Ronald J. Dunlap, a nephew of my client, occupied the accessory dwelling house from time to time while moving to Little Rock, Arkansas. Based on my client's desire to maintain the building and address her own hardship, she entered into a contract to have the accessory dwelling house remodeled in order to maintain the existing building and to have her grandson, James E. Ward, available to provide her much needed assistance and. care. My client's contractor applied to the City of Little Rock for a Remodeling Permit and was granted one in order to begin remodeling the accessory dwelling so that it could be maintained. The work began around the beginning of November and is well over half way completed. Please consider that the following work had been completed prior to the stop order being issued: PLUMBING WORK The old bathtub has been removed so that a shower unit can replace it. The existing plumbing has been slightly adjusted to allow for shower drainage. Some of the pipe work that was no longer viable was replaced in order to maintain the existing plumbing system. A gas line has been installed to accommodate the central air and heating system that took the place of the old window air conditioning unit and non -ventilated open fire gas heater. The air conditioning component of the replacement system is located between the South exterior wall of the accessory dwelling and a privacy fence cornered by shrubs; therefore, it is not readily risible to the public and more atheistically pleasing, to the neighborhood. The beating component is located in an exiting storage room and is not visible. ELECTRICAL 'WORK - The existing wiring was old and exposed; significant portions of the old wiring were frayed and required replacement in order to maintain the accessory dwelling. This re -wiring has added only a few ceiling lights and wall sockets. ENTRY WAYS AND WINDOWS The front entry way has been provided a new door to replace the existing door that was out of trim and was soon to need replacement. The existing back door was replaced because the old door was rotted and not capable of any securing the property any longer. In order to maintain the air and water integrity ofthe accessory dwelling, the existing windows had to be replaced due to termite damage. Please note that no windows were added; some had to be slightly enlarged to accommodate modern window dimensions for sealing purposes. INTERNAL WALLS Due to termite damage, three of the internal walls had to have the studs replaced in order to maintain the accessory dwelling. The majority of the walls have had to have new dry wall due to water damage. The bathroom walls were not support structures and have been moved slightly to accommodate the shower installation and add space for an existing closet. All of thee above was completed before the stop order was issued on December 19, 2002. The following work remains to be drone: Finish the remaining dry wall and paint the interior. Paint or side the exterior of the building. Complete the floor and installation of bathroom shower, sink, and accessories. - install kitchen appliances, counters, and cabinets; the old cabinets were water damaged and required replacement in order to maintain the existing structure. Vnaf Again, my client has acted in good faith to try and maintain her property. In her reliance on the existing permit she has paid out $1$,424.40; she currently owes $10,673.87 in accrued bills for services rendered or items ordered. There is a pending amount of $12,690.00, that would be required to complete the project. Please see attached Exhibit " 1 " hereby included and incorporated in this letter and appeal. My client, Mary Ward (now Gans) is now 81 year old. Prior to her medical hardships, Mary, was able to lead a vibrant, highly productive, and independent life. However, she has suffered numerous medical set backs. For instance, she is a two time breast cancer survivor which has required her to undergo extensive surgical and radiation treatment. Approximately two years ago Mary suffered a major heart attack which caused approximately 33% damage to her heart. She now suffers from emphysema and congestive heart failure. In addition, approximately five years ago, she had to have the major arteries in her legs "by-passed" to try and prevent blood clots escaping to her heart, lungs and brain. Regretfully, after the surgery she developed thrombosis in her legs and can only walk short distances and even this limited walking requires the assistance of a cane or walker. Ms. Mary Ward (Gans) respectfully requests that the stop order in the above cited matter be lifted. She bases this requests on two reasons. First, the accessory dwelling house has been used as such since 1985, when her mother converted it from a garage.. My client was not aware that her late mother had not recieved the appropriate approval from the City of Little Rock, Therefore, she acted in good faith when her contractor obtained a permit to remodel the accessory dwelling house in order to maintain the structure and make it appear more suitable to the neighborhood. She has not tried to be avoidant or fraudulent in her actions. She apologizes for any failures in communication with the City of Little Rock and assures all .concerned parties that she appreciates their interest and assistance. She further affirms that she has not ever and will not ever rent the accessory dwelling Douse to a third party. This brings us to the second reason Mary wishes to be allowed to complete the remodeling that she undertook in good faith and reliance upon the permit that was issued. To not be allowed to complete the maintenance project would cause her extreme hardship on two fronts. First, she has accrued approximately $29,143.27 in expenditures to date. To not be permitted to complete the maintenance project would cause her severe and undue financial hardship. Second, and most important, if she is permitted to complete the project, her son, James E. Ward, will reside in the accessory dwelling. and be able to provide her with much needed assistance and care. otherwise, she faces the almost certain fate of being compelled to enter a nursing home or assisted living facility which will cause her to unnecessarily endure substantial emotional and financial difficulties. In closing, I would like to express on my client's behalf, her gratitude to the Board members for their willingness to here her appeal and the assistance of the staff of the City of Little Rock's Planning and Development Department. Thank you for your assistance in this matter. Please do not hesitate to contact my office if you have any questions or require further information. SinW44�pzde erely yours4r4�e� 22 December 2002 TOTAL EXPENDITURES .............. ...................... .............................................. $41 ,793.27 5,423 Stonewall Rd -':Expenditures [Paid To Date,] 10/15/02 - First installment - Capstone Constuctlo.n [primary contractor]..$3395.00 . 11/6 &12/4/02 = One Source - doors and windows ............... .....................$17.42.56 11 /8/02 - Capstone - Add-on - termite damage repair [living room]..............$1700.00 11/8/02 - Capstone - Add-on -termite damage repair [kitchen] ................... $=60.00 .11/14/02 - Advantage. Heating .& Air - partial Furnace & A/C payment ......... $2400.00 11/15/02 - Republic Industries - Deposit on kitchen cabinets ...........:.. $ ....... 500.00 11/20/02 - Kyle's Electric - Partial payment [Electrician]... ...................... ......... $ 1 X90.00 12/1/02 - Capstone -. Second installment.. .. _ ....... ........ ...............$3395.00 1.2/4/02 - Lowe's - Bath furnishings .......:......... .....................:.... ........ ... . $ 2:9 9 40 12/7/02 - Curry's Termite Control - Special borate treatment .....................$ 2£5.00 12/12/02 - Capstone - Add-on............................:..:....................................$ 870.00 12/12/02 - Lowe's ,_ `Door, hardware ....:.............._p.......................................... $ 245.85 12/12/02 - Capstone -.Consulting fees....... ... .................... .................$ .640.00 12/15/02 - Lowe's - Bath fixtures, sink ...........:: ......................................... 506:59 12/20/02 - Ralph Downs - Attorney's fees ........................ :.............................. 500.00 $� x,429.40 [Owe for Work Completed] 12/20/02 - Advantage Heating & Air - Furnace & A/C final. payment ............... $.:2407.02 12/20/02 - Kyle's Electric. - pending installation of :baseplates & final hook-up.$ 1590.00 12/20/02 - Advantage Plumbing - bath & gas.­­'­­­­...... as.a...:....... ...................:::.......$ 4213.75 12/20/02 - Republic Industries - Kichen Cabinets Jordered, - balance due] ....... $ 2463.10 `10,673.87 [Work. Pending Completion or Promised] David Hodge -. Building shower and tiling bathroom..........::...:,........................$1 900.00 Capstone - Completion of project [sheetrock, pailinting, finish carpentry,: etc.].$6790.00 Capstone - Nearly_ finished add-ons [prep, walls, ceilings, windows, etc:]:......... $4000.00 $12,690.00 TOTAL EXPENDITURES .............. ...................... .............................................. $41 ,793.27 `] .: I rr W Q Z w Q l w O W w >- ~ oz�- aU)r�� w -oma` - L Z C6 U) LL Z U � m 1=LLm � :D� U rK .: I rr W Q Z w Q January 27, 2003 There being no further business before the Board, the meeting was adjourned at 3:07 p.m. Date: ZQ, 2®D3 Chairman