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boa_11 24 2003LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES NOVEMBER 24, 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 October 27, 2003 meeting were approved as mailed by unanimous vote. Members Present: Members Absent: William Ruck, Chairman Scott Richburg, Vice Chairman Fred Gray Andrew Francis Terry Burruss City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA NOVEMBER 24, 2003 2:00 P.M. DEFERRED ITEMS: A. Z-7526 5216 "R" Street B. Z-7523 10,000 Yellowpine Lane II. NEW ITEMS: 1. Z-6432 500 President Clinton Avenue 2. Z -7103-B 120 Commerce Street 3. Z -7266-A 13,000 Interstate 30 4. Z-7528 30 Cascades Drive 5. Z-7533 923 N. Spruce Street 6. Z-7535 5 Surry Cove 7. Z-7536 422 West 32nd Street 8. Z-7537 9213 Tedburn Circle 9. Z-7538 500 President Clinton Avenue 10. Z-7539 5300 Country Club Blvd. 11. Z-7540 7325 Kanis Road 12. Z-7541 13810 St. Michael Drive 13. Z-7542 15325 Crystal Valley Road 14. 2004 Board of Adjustment Calendar l / ( ( J "HNrd A3N00M A 3NId N.31Ny� � nnreiHt � o w Bhp S NVM Monare NNor \��r NOH �T 080HWVHS � w y SIOHrS M� simn uo 300117 ANN umn urs r y S�x silNn 't November 24, 2003 ITEM NO.: A File No.: Z-7526 Owner: Robert B. Wooley Address: 5216 "R" Street Description: Lot 17, Block 1, McGehee Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 to allow an accessory building with a reduced side yard setback and which exceeds the maximum coverage allowed. 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 5216 "R" Street is occupied by a one-story brick and frame single family residence. There is a one -car driveway from "R" Street which serves as access. There is an alley located along the north property line. There is an existing wood deck on the rear of the structure, with a carport/storage building at the northeast corner of the house. The existing carport/storage building is located 23 feet from the rear property line, with a 0 foot setback from the side (east) property line. The applicant proposes to remove the existing deck and carport/storage building and construct a new 24 foot by 48 foot garage building. The garage structure will be located five (5) feet from the rear property line, November 24, 2003 ITEM NO.: A (Cont.) one (1) foot from the side property line and 12 feet from the existing house. The garage will occupy 38 percent of the required rear yard. The applicant proposes to access the garage utilizing the existing driveway from "R" Street, as well as the alley along the north property line. Section 36-156(a)(2)f. of the City's Zoning Ordinance requires a minimum side yard setback of three (3) feet for accessory buildings. Section 36-156(a)(2)c. allows an accessory building(s) to cover a maximum of 30 percent of a required rear yard. Therefore, the applicant is requesting variances from these ordinance standards. Staff is supportive of the requested coverage variance, but not the variance for a reduced side yard setback. Staff feels that a one (1) foot side yard setback will not allow enough space for construction and maintenance of the structure. Staff could support a 1.5 foot side yard setback (to include overhang, but not guttering) for the proposed structure. Staff feels that this would allow adequate spacing along the east property line, as there is an existing accessory structure immediately to the east which is located 2 — 2.5 feet from the dividing side property line. Otherwise, staff feels that the proposed garage will have no adverse impact on the area, and will be typical of the accessory structures found along the alley within this block. C. Staff Recommendations: Staff recommends denial of the application, as filed. BOARD OF ADJUSTMENT: (OCTOBER 27, 2003) Staff informed the Board that the applicant submitted a letter requesting that the application be deferred to the November 24, 2003 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the November 24, 2003 agenda by a vote of 5 ayes, and 0 nays. STAFF UPDATE: The applicant has submitted a revised site plan to staff, which reduces the size of the proposed accessory building from 24 feet by 48 feet to 25 feet by 43 feet. The applicant has noted that the accessory building will be a two-story structure. The applicant has also slightly altered the proposed location of the structure. With the reduction in size and altered location of the proposed accessory E November 24, 2003 ITEM NO.: A (Cont.) building, the previously requested variances for rear yard coverage and side yard setback are no longer needed. The proposed structure is now located three (3) feet from the side (east) property line and covers exactly 30 percent of the required rear yard (375 square feet). The only variance associated with the proposed accessory building has to do with the structure's overall size. The proposed two-story structure will have an overall area of 2,150 square feet. The existing one-story residence (principal structure) is 1,550 square feet in area. Section 36-2 (definition of an accessory building) of the City's Zoning Ordinance reads as follows: "Accessory building or use means a building or use which: (1) Is subordinate to and serves a principal building or principal use; (2) Is subordinate in area, extent or purpose to the principal building or principal use served; (3) Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use; and (4) Is located on the same zoning lot as the principal building or principal use." Therefore, the applicant is requesting a variance from paragraph (2) of the accessory building definition, to allow the accessory building to be 600 square feet larger than the principal dwelling. Staff does not support the requested variance. Although there are a number of rather larger accessory buildings in the general area, staff feels that the proposed accessory building is too large for the lot and the general area. Staff could support a variance to allow the accessory building to have a footprint of 20 feet by 40 feet or 1,600 square feet total. Staff feels that this size building will be much more compatible with the general area. Revised Staff Recommendation: Staff recommends denial of the requested accessory building variance, as filed. 3 November 24, 2003 ITEM NO.: A (Cont. BOARD OF ADJUSTMENT: (NOVEMBER 24, 2003) Robert Wooley was present, representing the application. There were no objectors present. Staff presented the revised application, with a recommendation of denial. Robert Wooley addressed the Board in support of the application. He presented photos to the Board of 15 other accessory buildings in the area. The photos were briefly discussed. He noted that he had talked to neighbors in the general area and had received no adverse comments regarding the proposed accessory building. He presented an additional letter of support from a neighbor. Chairman Ruck asked Mr. Wooley to describe the proposed use of the structure. Mr. Wooley stated that the downstairs would be a garage and storage, with the upstairs being used as a woodworking shop. He noted that the structure would not be used as an accessory dwelling. He noted that the structure would have windows, and that the garage could be accessed from the alley and "R" Street. Ben Freasier, the immediate neighbor to the east, addressed the Board in support of the application. He stated that the new accessory building would improve his property and the neighborhood. Jacob White, the immediate neighbor to the west, also addressed the Board in support. He noted that he had no concerns with the size of the proposed structure. He stated that he was only concerned with building's appearance, and after talking to Mr. Wooley, he was supportive of the construction. Fred Gray asked Mr. Wooley why he needed such a large accessory building. Mr. Wooley explained that he had wide vehicles which needed to be parked in the garage. There was a general discussion related to the building design/window design as discussed by Mr. Wooley and the neighbors. Staff noted that a specific building or window design would not be enforceable. Mr. Freasier and Mr. White stated that they had no problem with the design being a private agreement. Staff noted that the City would not be a party to the private agreements. There was a motion to approve the application, as revised by the applicant. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. El ,2-75-7--L To: City of Little Rock Board of Adjustment On Application For Zoning Variance By Robert Wooley 5216 "R" St Sirs: I am applying for variance on the building code to build a garage/hobby shop. The downstairs is to house my truck, car, jet ski,and all of the lawn and garden tools. The upstairs area is for hobby woodworking shop. I also tinker with computer and other electronics. This is on the dining table now as my house is quite small. I am planning on getting married in the Spring and would like to have the house a little neater. The proposed building is a two story structure 10 feet from the rear property line, and 3 feet from the side property line. It is also 6 feet from any portion of the residence. The variance is for the total square footage of the auxillary building. It will exceed the total footage of the main structure. My house is approximately 1550 square feet on the outside dimensions. The proposed structure would have a 1075 square feet footprint for a total of 2150 square feet. I have talked to all of my neighbors and they do not have a problem with this. Some have offered to take off from work and come to the variance metting to voice their opinion in my favor for this variance. We are a close knit neighbor- hood and talk freely about things of this nature. Thank you for your consideration of this issue. Robert Wooley Pen P. Freasier, Jr. 5124 R Street, Little Rock, AR 72207 501.661.1633 fax 501.280.0204 October 9, 2003 To Whom It May Concern: x-752-� Re: 5216 R Street Little Rock, AR 72207 ; Zoning Variance The variances of the Zoning Regulations that Robert Woolley is requesting for the above mentioned property, should be acted upon favorably. My property(5124 R Street) borders Mr. Wooleys east boundry. He is requesting a reduction in the amount of set back from his east property line that borders with my property. We have discussed his plans in great detail and feel that they will be beneficial not only to his property but to the neighborhood as a whole. I have signed the petition circulated by Robert Wooley in support of his variances, and request that the Board respect his request and that of his neighbors. Sincerely, 9,1, /1 ;;�W� Ben P. Freasier, Jr. 5124 R Street 'Little Rock, AR 72207 RECEIVED OCT 13 2003 BY: To: Little Rock Board of Adjustment October 1, 2003 Dear Members of the Board, I am a neighbor of Mr. Robert Wooley who lives at 5216 R. Street. I received a notice that he is seeking a variance from the city to build a new garage behind his home. I am asking the Board to allow Mr. Wooley this variance. It will allow him to construct a building sufficient to safely park his vehicles, provide storage, and serve as a hobby shop. All of these uses, Mr. Wooley desperately needs, as he currently does not have the space. I am sure Mr. Wooley will give the Board his assurance that the building will be functional and aesthetic to the current architecture of the neighborhood. My family is in full support of Mr. Wooley's project. Thank you for your consideration of Mr. Wooley's request. Respectfully Yours, James D. Cornwell -5-222 R. Street Little Rock, AR 72207 501-661-0771 R RECEIVED OCT 13 2003 BY:� November 24, 2003 ITEM NO.: B File No.: Z-7523 Owner: G & S Builders, Inc. Address: 10,000 Yellowpine Lane Description: Lot 75, Tall Timber West, Phase II Zoned: R-2 Variance Requested: Variances are requested from the area and building line provisions of Sections 36-254 and 31-12 to allow a front porch addition with a reduced setback and which extends across a platted building line. Justification: Present Use of Property Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments. B. Staff Anal: The applicant's justification is presented in an attached letter. Single Family Residence (under construction) Single Family Residential A new single family residential structure is currently under construction on the R-2 zoned lot at 10,000 Yellowpine Lane. The property is located at the northwest corner of Yellowpine Lane and Timberland Drive. There will be a two -car driveway from Yellowpine Lane to serve as access to the property. There is a drainage easement along the north property line, and a 25 foot platted building line along the north and south property lines. The covered front porch of the new structure will extend approximately four (4) feet across the platted building line along Yellowpine Lane, for a front setback of 21 feet. November 24, 2003 ITEM NO.: B (Cont.) Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front yard setback of 25 feet. Section 31-12(c) of the Subdivision Ordinance requires that variances for encroachments over platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance requirements. Staff is supportive of the requested variances. Staff feels that the proposed encroachment across the platted building line and the 21 foot front setback are reasonable. The unusual pie -shape of the lot with platted building lines along the north and south property lines provides a relatively small buildable area, as compared to other lots within this subdivision. Staff feels that the proposed front setback will have no adverse impact on the adjacent properties or the general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the front building line for the proposed porch 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. Completion of an one -lot replat reflecting the change in the front platted building as approved by the Board. 2. The porch structure must remain unenclosed on the south, east and west sides. BOARD OF ADJUSTMENT: (OCTOBER 27, 2003) The applicant was not present. There were three (3) persons present in opposition. Staff recommended deferral of the item to the November 24, 2003 Agenda since the applicant was not present. A motion was made to defer the item to the November 24, 2003 Agenda. The motion passed by a vote of 5 ayes and 0 nays. The application was deferred. Gary Rogers opposed the deferral of the item and explained. Staff noted that the applicant would be given the phone numbers of the persons present and directed to have a meeting with them to discuss their concerns. There was a brief additional discussion of the deferral issue. 2 November 24, 2003 ITEM NO.: B (Cont. BOARD OF ADJUSTMENT: (NOVEMBER 24, 2003) Bill Greenwood was present, representing the application. There were two (2) objectors present. Staff presented the item with a recommendation of approval. Bill Greenwood addressed the Board in support of the application. Chairman Ruck asked Mr. Greenwood if he was the builder. Mr. Greenwood stated that he was and had built approximately 50 homes in this subdivision. Chairman Ruck asked if the proposed home layout was best for the lot. Mr. Greenwood explained that it was the only way to fit the house on the lot, based on the irregular lot shape. He presented photos to the Board showing the house under construction. The photos were briefly discussed. Fred Gray asked if the house could be moved back. Mr. Greenwood stated that it could not be moved back and explained that a power pole was in the way. This issue was briefly discussed. Mr. Greenwood stated that the house would be more compatible with the neighborhood if it had a covered deck. Gary Rogers, president of the Tall Timber West Neighborhood Association, addressed the Board in opposition. He presented a petition of opposition to the Board. He expressed concerns with the type of people who would live at this location. He noted that the variances requested were against the neighborhood's bill of assurance. He noted that the house would have the appearance of being closer to the street than the other houses in the area. He noted that the new house would depreciate the value of other homes in the area. Chairman Ruck noted that a covered porch on the house would be an asset to the neighborhood. This issue was briefly discussed. Chairman Ruck asked Mr. Rogers if he would prefer a concrete porch with no cover. Mr. Rogers noted that he would not make a decision for the Board. Vice - Chairman Richburg noted that a building permit was issued for the house without a covered front porch. Staff noted that the footprint of the house conformed to ordinance standards and the construction was allowed to proceed. Kelly Hollis also addressed the Board in opposition. He noted that the house was constructed after the variance had been applied for. There was additional discussion related to the front porch issue. There was a motion to approve the application as recommended by staff. The motion was briefly discussed. Andrew Francis stated that he thought the variance was best for the neighborhood and explained. The Chairman called for a vote on the motion. The vote was 2 ayes, 2 nays and 1 absent. The application was automatically deferred to the December 22, 2003 agenda. 3 2723 FOXCROFT SUITE 104 LITTLE ROCK, AR 72227 (501) 224-2428 FAX: (501) 224-6742 September 25, 2003 City of Little Rock Planning and Development 723 West Markham Street Little Rock, AR. 72201-1334 RE: Application for Residential Zoning Variance To Whom It May Concern: J740--- -7Sf,2- j G & S Builders, Inc. is requesting a residential zoning variance for 10000 Yellowpine Lane, Lot 75, Tall Timber West, Phase II an addition to the City of Little Rock, Pulaski County, Arkansas. According to the City of Little Rock, said property's front porch must be less than 12" above grade. The proposed house (see enclosed survey) would have to be at 28" above grade due to lot configurations, leaving approximately a 17" difference. In order to accommodate this difference, the builder would have to use three (3) risers at approximately 5 5/8" each, to equal the approximate 17" difference. Also, according to the enclosed survey, said risers, would therefore, eliminate the front porch entirely. As can be seen on the enclosed survey, the lot has some unusual configurations. The lot is very long and extremely narrow on one corner. The opposite end of said lot is slightly deeper, but due to easements and setback lines, is very limited as to nearly any proposed residence. G & S Builders, Inc., would like to propose a variance of 24" above grade versus the less than 12". This would allow for a 13'6" wide X 5' deep covered porch with columns at enclosed elevation. This porch would be only approximately 3'6" over the building line. With the 10' utility easement and the 25' building easement, said covered porch, would still be approximately 31'6" from the back of the street curb. This is more than the normal 25' building easement normally required. We ask you to please strongly consider this zoning variance. G & S Builders, Inc. has been a longstanding business in the community, and would like to continue providing affordable housing for all residence of the City of Little Rock. We appreciate your time and consideration in this matter. Sincerely, 4G-- S Builders, Inc. Bill Greenwood, President Sep 25 03( 25p G & S BUILDERS DERS Otte 224-2428 / Fox 224-8742 I p.2 This Plan 1$ the Propsfty of G & S SuEdenc. UrisuthoAred use is ProhibRod, November 24, 2003 ITEM NO.: 1 File No.: Owner: Address: Description: Zoned: Variance Requested: Z-6432 Little Rock Newspapers, Inc./ Arkansas Museum of Science and History 500 President Clinton Avenue Part of Block 2, Pope's Addition UU Extension of previously approved variances to allow the use of banner signs. Justification: The signage proposed allows for the enhancement of the street and contributes to the public's awareness of the contents of the museum. Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: Mixed use including office, retail, restaurants and museum Mixed use including office, retail, restaurants and museum On December 22, 1997, the Board of Adjustment approved several variances related to the placement of banner signs on the building at 500 President Clinton Avenue. Attached is a copy of the minute record from the December 22, 1997 Board of Adjustment meeting and a letter dated December 1, 1997 from the River Market Design Review Committee. November 24, 2003 ITEM NO.: 1 (Cont. The variances were approved subject to the following conditions: Compliance with the Criteria outlined in the December 1, 1997 letter from the River Market District Design Review Committee. 2. Any signage/banners which extend into the public right-of-way must obtain a franchise. 3. The banners are approved for a period of two years only. At the end of two years, the banners will be reviewed for appropriateness, deterioration and maintenance. The applicant may apply for another two (2) year period at that time. 4. The banners are to be maintained and are not to be allowed to deteriorate or fade so as to become unsightly. Unfortunately, staff inadvertently overlooked the fact that the issue needed to be reviewed at the end of the two (2) year period in December, 1999. Staff realized that the error was made, and the issue was brought before the Board of Adjustment on November 26, 2001. The Board determined that the banners had been properly maintained and extended the variances for two (2) additional years, as recommended by staff and the River Market Design Review Committee. The November 26, 2001 Board of Adjustment minute record and the November 2, 2001 DRC letter are attached for Board review. The applicant is requesting an additional two (2) year extension for the use of the banner signs on the Museum Center Building. The banners have currently been removed from the building so that new banners can be made and installed. The new banners will have the same size, wording and colors as the banners previously on the building. The River Market Design Review Committee met on November 4, 2003 and discussed the Museum Center banners. The DRC notes that the banners have been well-maintained and recommends that the Board of Adjustment extend the variances for two (2) years and allow the continued use of the banner signs as previously approved. Staff is also supportive of a two (2) year extension for the banner signs. Staff feels that the signage will continue to have no adverse impact on the adjacent properties on the general area. The signs have been properly maintained and have worked out well for the district. Staff supports the River Market Design Review Committee's review and recommendation on this application. 2 November 24, 2003 ITEM NO.: 1 (Cont. C. Staff Recommendations: Staff recommends approval of a two (2) year time extension of the previously approved variances for banner signs at 500 President Clinton Avenue, subject to the conditions as approved by the Board of Adjustment on December 22, 1997, and noted in paragraph B. of this report. BOARD OF ADJUSTMENT: (NOVEMBER 24, 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 Oct 27 03( 42p AMR Arch Inc FAX TRANSMIT T A T , To: City of Little Rock Board of Adjustment c/o Monty M�Wre,ICity Planning Fax: 399.3435 No. of Pages: 1 ate: actober 27.2003 From: Rick Redden For Museum of (Discovery RE: '4WSEL;M CENTER BAN-SERS Dear Board of Adjustment Members: 5013756601 ( p.1 AT. ARCHITECTS, INC. �4�$ 201 EA5T.LS.�RICri.4b�l, STE. 150LITTLE ROCK, ARK=,�NSAS 72201 TELEPHONE (5,11) 375.o378 ARCHITECTS, INC. FAX (501) 375.6601 We request a time extension of two -years for the Museum of Discovery bannm outside the Museum Center. The Museum has taken down the Banners for refurbishment at this time. Sincerely, 4-4 Rick Redden, ALS. - � 7-- ®� , River Market Greg Hari Chairman a Design Millie Ward, Member i. Review Patty Wingfield, Member Tim Height, Member Committee Shannon Jeffery -Light, Member Planning and Development • 723 W. Markham • Little Rock, Arkansas 72201 • 501-371-4790 • fax 501-399-3435 November 12, 2003 Board of Adjustment 723 West Markham Little Rock, AR 72201 Re: Museum Center Banners Chairman and Members, The River Market DRC met on November 4, 2002 and reviewed the request for a time extension for the banners at 500 President Clinton Ave. for the Museum of Discovery. The DRC did approve the request. The motion was made to approve the signage for a period of two years. The final vote was 4 yes, 0 noes and 1 absent. Thank you, Brian Minyard River Market DRC Staff December 221\, 1997 Item No.• 5 File No. Owner: Address• Description: Zoned - Z -6432 1 Little Rock Newspapers, Inc./ Arkansas Museum of Science.and History 500 E. Markham Part of Block 2, Pope's Addition GB Variance Requested: 1) Section 36-557(d) to permit eight (8) banners 2) Section 36-557(d) to permits year-round use of banners 3) Section 36-557(d)(2) to permit a banner which exceeds 5' X 20' 4) Section 36-557(d)(3) to permit banners which extend into public right-of-way. 5) Section 36-353(3)(a)(2) to Permit more than 3 signs per business Justification: The various signage proposed will allow for the enhancement of the street and contribute to the public's awareness of the contents of the museum. Present use of Property: Mixed use including office, retail, restaurants and museum Proposed Use of Property: Mixed use including office, retail, restaurants and museum Staff Report• A. Public Works Issues: Banners on light poles in this block are to rotate 90 degrees and face building. If banners on building are in conflict with these banners, the banners on the building will need to be adjusted. B. Staff Analysis: The Arkansas Museum of Science and History is requesting variances from several provisions of the City sign code and the River Market District Design Overlay standards to allow December 22, 1997 Item No.: 5 (Cont.) various banners and signs at its new location at 500 East Markham Street. The new museum location is within the River Market District and the proposed signage is designed to capitalize on the festive, unique character of the district. Several banners are proposed to be placed on the front of the building perpendicular to the wall and extending over the sidewalk. These banners are proposed to be left up on a year round basis. The central five feet by twenty feet banner over the main entrance and on the north entrance will serve to announce the presence of the Museum and to direct patrons into the building. Directly under this banner will be a five feet by five feet banner announcing the current traveling exhibit. This banner will change about four times per year. Six'four feet by sixteen feet banners are designed around the Museum's six exhibit area themes and will be placed equally on either side of the main entrance. Additional signage in the form of awning signs is proposed to be placed on the front wall of the building. Seven awnings, matching the existing awnings, will be added over the south windows of the Museum. Three awnings will have "Explore Store" repeated across the lower portion of the awning on a single line. The other four awnings will have "Museum of Discovery" repeated across the lower portion of the awnings in the same manner as the "Explore Store" awnings. The lettering for all seven awnings will be six inches high in a light gray color. The variances related to the banners are from Section 36-557 of the Sign Code and are as follow: 1. Section 36-557(d) allows only one banner per street frontage. The applicant is requesting a total of seven (7) banners to be placed on the Markham Street side and one on the river side. 2. Section 36-557(d) limits the placement of banners .to 4 events in a calendar year with a limit of 6 weeks per event, a total of 24 weeks. The applicant is requesting that the banners be allowed to remain up on a year round basis. 3. Section 36-557(d)(2) limits the size of banners to 5 feet by 20 feet. The two banners over the main entrance and on the river side are a total of 5 feet by 25 feet, including the 5 feet by 5 feet banner which announces the current traveling exhibit. 4. Section 36-557(d)(3) states that banners may not encroach into the public right-of-way. All of the 2 December 22, 1997 Item No.: 5 (Cont.) banners proposed for placement on the Markham Street side are to be mounted perpendicular to the building. The front wall of the building is on the property line so all of these banners extend into the right-of-way. The variances related to the awning signs are from the River Market Design Overlay District Standards of the Code. 1. Section 36-353(3)(a)(2) limits the number of signs on a building facing Markham Street to 3 per business. The "Museum of Discovery" will have 4 awning signs. 2. Section 36-353(1)(a)(5) states that awning valences are the appropriate location for signage. The applicant proposes to place the signage on the lower portion of the awning but not on the valence. The code does not state that signage must be placed on the awning valence. Staff recognizes the unique nature of the River Market District and of the Museum of Science and Natural History. Allowing the banners and awning signs as proposed will add to the unique character of the District and should focus additional interest in the museum, an important public asset. Staff's support for these issues is based solely on this unique circumstance regarding this Public/Institutional use and is not to be construed as support for any future similar request from any other tenant in the River Market District or elsewhere in the City. On November 24, 1997, the River Market District Design Review Committee reviewed the proposal and voted to recommend approval of the requests subject to several conditions outlined in the attached letter dated December 1, 1997. Staff concurs with the Committee and recommends that the criteria outlined in that letter be made part of the conditions of approval by the Board of Adjustment. The applicant must still pursue a franchise for the banners which extend over the public right-of-way. Should the Board approve the variances, that approval will -be forwarded to the Franchise Review Committee. C. Staff Recommendation: Staff recommends approval of all requested variances subject to compliance with the following conditions: 1. Compliance with the Criteria outlined in the December 1, 1997 letter from the River Market District Design Review Committee 2. Any signage/banners which extend into the public right- of-way must obtain a franchise. 3 S December 22, 1997 Item No.: 5 (Cont.) 3. The banners are approved for a period of two years only. At the end of two years, the banners will be reviewed for appropriateness, deterioration and maintenance. The applicant may apply for another two year period at that time. 4. The banners are to be maintained and are not to be allowed to deteriorate or fade so as to become unsightly. BOARD OF ADJUSTMENT: (DECEMBER 22, 1997) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the following conditions: zi 1. Compliance with the Criteria outlined in the December 1, 1997 letter from the River Market District Design Review Committee. 2. Any signage/banners which extend into the public right-of-way must obtain a franchise. 3. The banners are approved for a period of two years only. At the end of two years, the banners will be reviewed for appropriateness, deterioration and maintenance. The applicant may apply for another two (2) year period.at that time. 4. The banners are to be maintained and are not to be allowed to deteriorate or fade so as to become unsightly. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 6 ayes, 0 noes, 1 absent and 2 open positions. l River Market Frank Porbeck, Chairman Design Greg Hart, Member Review Larry Jacimore, Member Don Renshaw, Member Committee Shannon Reynolds Torben, Member Planning and Development • 723 W. Markham • Little Rock • Arkansas • 72201.501-371-4790 • fax 371-6863 T_____I-__ 1 1!1!1^7 / / �%- z-4432- Mr. Mark Alderfer, .Chairman \ Board of Adjustment �Z Piz J 723 W. Markham Little Rock, AR 72201 Chairman Alderfer and Board Members, On November 24, 1997, the River Market DRC met with the representatives of AMR Architects about their proposal to hang banners and signs on the Museum Center. The River Market DRC had a lengthy discussion on banners and signs within the River Market District. The DRC determined that the Museum Center was a public/institutional building and special circumstances pertained to banners and signs advertising public/institutional entities. The committee voted to recommend that the following be allowed only if all the criteria is met. 4'xM' Banners 1. six banners evenly spaced along the entire fagade (3 on each side of the main entrance) 2. banners are permitted only on a public/institutional building 3. banners are not to have a commercial message or logo 4. banners to be permitted for a two-year period 5. banners to be vertically oriented 6. banners to extend into the public right-of-way Note: The DRC's recommendation of the use of banners is dependent on the placement of the banners evenly across the fagade of the Museum Center. If this criterion can not be met, then the DRC's recommendation on the banners would be negative. The applicant originally wanted to place these banners on the east end of the Museum Center. The DRC felt that the banners should be equally spaced over the entire fagade of the building, since the entire building is called the Museum Center. By spacing the banners equally across the entire fagade, this would prevent a commercial tenant of the Museum Center from requesting a similar banner. The time limitation on the banners was also an important issue. The DRC felt that two years would be a suitable period to review the banners for appropriateness, deterioration, and maintenance. At the end of the two years, the applicant would need to apply for another two-year variance for the banners. 5'x20' Banners 1. one banner over each of the main entrances (1 on Markham, 1 on river fagade) 2. banners are permitted only on a publichnstitutional building 3. banners are not to have a commercial message or logo on them, except for the "Museum of Discovery" logo 3. banners to bepermitted for a two-year period 4. banners to be vertically oriented 5. banners to extend into the public right-of-way (Markham side only) 6. banners to allow a changeable (5'x5') sign to hang beneath the main banner Awning Signs 1. text limited to the lower 12 inches of the main body of the awning 2. text on main body of awning to advertise a public/institutional business on a ublic building1 3. limited to text only- no graphics on main body of awning 4. text not to exceed 6 inches in height 5. allow four awning signs that read "Explore Store" 6. allow three awning signs that read "Museum of Discovery" 7. text color to be a light gray Shawn Spencer DRC Staff November 26, 2001 ITEM NO.: 1 7 3 Z � 3p ;T�) File No.: Z-6432 Owner: Little Rock Newspapers, Inc./ Arkansas Museum of Science and History Address: Description: Zoned: Variance Requested 500 E. Markham Street Part of Block 2, Pope's Addition UU Extension of previously approved variances to allow the use of banner signs. Justification: The signage proposed allows for the enhancement of the street and contributes to the public's awareness of the contents of the museum. Present Use of Property Proposed Use of Property: STAFF REPORT A. Public Works Issues: No issues. B. Staff Analysis: Mixed use including office, retail, restaurants and museum Mixed use including office, retail, restaurants and museum On December 22, 1997, the Board of Adjustment approved several variances related to the placement of banner signs on the building at 500 East Markham Street. Attached is a copy of the minute record from the December 22, 1997 Board of Adjustment meeting and a letter dated December 1, 1997 from the River Market Design Review Committee. November 26, 2001 Item No.: 1 The variances for the banner signs were approved for a period of two (2) years only. At the end of the two (2) year period, the variances were to come back to the Board of Adjustment for consideration of an extension. At that time the banners were supposed to be reviewed for appropriateness, deterioration and maintenance. Unfortunately, staff inadvertently overlooked the fact that the issue needed to be reviewed at the end of the two (2) year period in December, 1999. Staff recently realized that the error was made, and therefore, has placed the issue on this agenda for the Board to review and consider an extension to allow the continuation of the use of the banner signs. The River Market Design Review Committee (DRC) recently met and discussed the Museum Center banners at.500 E. Markham Street. (See attached letter dated November 2, 2001.) The Committee notes that the banners have been well maintained and a positive addition to the River Market District. The DRC recommends that the Board of Adjustment extend the variances and allow the continued use of the banner signs as previously approved.. The DRC also recommends that the Board of Adjustment continue to review the banners every two (2) years for appropriateness, deterioration and maintenance. Staff is also supportive of a two (2) year extension for the banner signs. Staff feels that the signage will continue to have no adverse impact on the adjacent properties on the general area. The signs have been properly maintained and have worked out well for the district. Staff supports the River Market Design Review Committee's review and recommendation on this application. G. Staff Recommendation: Staff recommends approval of a two (2) year time extension of the previously approved variances for banner signs at 500 East Markham Street. At the end of this time period, the Board of Adjustment will review the signage to assure the appropriateness and maintenance of the signs. 2 November 26, 2001 Item No.: 1 BOARD OF ADJUSTMENT: (NOVEMBER 26, 2001) 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 River Frank Porbeck,Chairman Market Greg Hart,Member Design Tim Heiple,Member Review Jim Schimmer, Member Committee Patty Win field M b g em er Planning and Development • 723 W. Markham • Little Rock • Arkansas • 72201.501-371-4790 • fax 371-6863 November 2, 2001 Mr. William Ruck, Chairman Board of Adjustment 723 W. Markham Little Rock, AR 72201 Chairman Ruck and Board Members, The River Market Design Review Committee (DRC) has met and discussed the banners on the Museum Center at 500 East Markham. The DRC is recommending that the BOA extend a variance to allow banners to continue to be mounted on the Museum Center. The banners have been well maintained and have been a positive addition to the River Market District. The DRC would also recommend that the BOA continue to review the banners every two years. The DRC members look forward to working with the Board of Adjustment members on protecting the visual integrity of the district. -!Sr'— Shawn Spencer DRC Staff November 24, 2003 ITEM NO.: 2 File No.: Z -7103-B Owner: City of Little Rock as Trustee for the Central Arkansas Library System Address: 120 Commerce Street Description: Lots 1, 2 and 3, Block 8, Pope's Addition Zoned: UU Variance Requested: Variances are requested from the sign provisions of Section 36-353 and 36-543 to allow the use of banner signs. Justification: Present Use of Property Proposed Use of Property: AFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The applicant's justification is presented in an attached letter. Mixed Commercial Uses Mixed Commercial Uses On October 29, 2001, the Board of Adjustment approved several variances to allow banner signs to be placed on the Cox Building at 120 Commerce Street. A total of 13 banners were approved; six (6) to be located on the east side of the building, one (1) on the south side, and six (6) on the southwest side. The variances were approved subject to a number of conditions (see attached October 29, 2001 Board of Adjustment minute record). On December 17, 2001, the Board of Adjustment approved revisions to the previous approval. The Board approved moving the seven (7) banner signs attached to the south and southwest sides of the building to the light poles within the existing parking area between the building and East 2" November 24, 2003 ITEM NO.: 2 (Cont.) Street (see attached December 17, 2001 Board of Adjustment minute record for details). On April 29, 2002, the Board of Adjustment approved a second revision to the original application. The Board approved removing the six (6) banner signs from the east side of the Cox Building and replacing them with four (4) 4 -foot by 22 -foot banners attached flat against the north wall of the building facing the River Market. (See attached April 29, 2002 Board of Adjustment minute record for details). On October 27, 2003, the Board of Adjustment reviewed the previously approved banner signage for structural integrity and maintenance. The Board approved a two (2) year time extension for the existing banners. (See attached October 27, 2003 Board of Adjustment minute record for details). The applicant, Central Arkansas Library System, is requesting to revise the previously approved applications by adding two (2) 4 -foot by 22 -foot banners attached flat against the southwest wall of the Cox Building, facing East 2nd Street and the 1-30 on/off ramp. One of the proposed banners will contain the wording "Books Art", with the other reading "Coffee". The banners are proposed to be attached to the southwest wall of the building as shown on the attached photo. The River Market Design Review Committee met on October 16, 2003 and reviewed the request for additional banner signage. The DRC voted 5 ayes and 0 nays to approve the two (2) additional banner signs on the southwest face of the building. A letter from the DRC is attached for Board of Adjustment Review. Staff is supportive of the request to install two (2) additional banner signs on the southwest fagade of the Cox Building. Staff feels that the banner signs as proposed will have no adverse impact on the adjacent properties or the general area. Staff feels that the banner signs will be appropriate and compatible with the entertainment -oriented River Market District. Staff supports the River Market Design Review Committee's review and recommendation on this application. Based on the fact that a time extension of two (2) years was granted for existing banner signs on and around the Cox Building just last month (October 27, 2003), staff feels that a time limit on the new banners should align with the limit set on the existing signs. 2 November 24, 2003 ITEM NO.: 2 (Cont.) C. Staff Recommendations: Staff recommends approval of the revised application to install two (2) new banner signs on the southwest fagade of the Cox Building, subject to the following conditions: 1. The banner signs must be securely anchored to the building fagade. 2. If the banners become worn or torn, they must be promptly removed or replaced. 3. The two (2) new banners be approved for one (1) year and 11 months, as to align with the time limit set for the existing banner signage. At the end of this time period, the Board of Adjustment will review the banner signage to assure the structural integrity and maintenance of the signs, if another time extension is requested. BOARD OF ADJUSTMENT: (NOVEMBER 24, 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. i41 LIB.' LITTLE ROCK • .JACKSONVILLE � .PULASKI and PERRY COUNTIES • MAUMF-11 SHERWOOD: T. 77 to 3 October 20,2003. . Board,of Adju.5twenf City of Little Rock 723W. Markham St. Little Rock,'AR-72201 :.Dear Sirs: 1 1 The Cezitra7 Arkansas IJibrary System Ys i+equestulg the use of twoo new banners on the southwest face of the Cox Creative Center locatedCommerce Street; Lithe Rock. The River Market pTC voted S to 0 in. favor.ofthe'riew banners; which are. same,size as the banners on the north face of the �uildimg The River Market" DRC has approvedahe graphics (mcluded'With-this letter) i The Central Arkansas Library System is applying`forthe permanent use of banner kgii and variances from the'Rtver iVIarket variances so noted on the- application. ` The tenants of the Cox Creatine Center haye-experienced a positive response to the existing banners on the north:face :of the.btt cling frompedestrian traffic in the River 1Vlarket, and ari increase In visitors to the building There. Kaye been directional requests from people driving :to the ;budding for ways to rderitify the Cox�Creat>ve Center The..' . tenarlts.wanted to place baxrners cin its southwest face so.the driving public could.zdentiN the building with'banneis.. The banners also indicate the cariamereial .usage of tho< biilldulg and the fact that itis open to the publc,eveia though it looks -like an old warehouse Thank:you for your consideration of the request .for twQ banners) on the southwest face of the.Cox Ceaiive Center, 1,20 �orrlmercet,'Lttle,Rock, Arkansas. If you have any giaestions,.please call Susan Schal7lbrn. at 918-033 or Dr. Bobby Roberts: Library Director;,91MJ037: ` Sincerely;IS&O011f1g," Susan K. Schalliiorr Assistant Director, Development and Public Relations.., Cox Creative Center, Building Manager CENTRAL ARKANSAS LIBRARY SYSTEM NIALN LIBRARY a 100 ROCK STREET • LITTLE ROCK, ARKANSAS 72201 - 501-918-3000 • FAX 501-3 75-7433 WWW.CALS.LIB.AR.US Planning and Development • 723 W. Markham • Little Rock, Arkansas 72201 •501-371-4790 • fax 501-399-3435 November 12, 2003 Board of Adjustment 723 West Markham Little Rock, AR 72201 Re: Cox Creative Center Chairman and Members, The River Market DRC met on October 7, 2003 and reviewed the proposed banners on the southwest face of the building with an email vote that concluded on October 16, 2003. The DRC voted 5 ayes, 0 noes and 0 absent to approve additional banners on the southwest face of the building with the banners to be the same size as the banners on the north face (4'x22') with the graphics as shown. Tha you L r Brian Minyard River Market DRC Staff ©� River Market Design Greg Hatt, Chairman 4 Millie Ward, Member Review Patty Wingfield, Member Committee Tim Heiple, Member Shannon Jeffery -Light, Member Planning and Development • 723 W. Markham • Little Rock, Arkansas 72201 •501-371-4790 • fax 501-399-3435 November 12, 2003 Board of Adjustment 723 West Markham Little Rock, AR 72201 Re: Cox Creative Center Chairman and Members, The River Market DRC met on October 7, 2003 and reviewed the proposed banners on the southwest face of the building with an email vote that concluded on October 16, 2003. The DRC voted 5 ayes, 0 noes and 0 absent to approve additional banners on the southwest face of the building with the banners to be the same size as the banners on the north face (4'x22') with the graphics as shown. Tha you L r Brian Minyard River Market DRC Staff October 29, 2001 ITEM NO.: 9 File No.: Owner:. Address: Description: Zoned: t Z77103'' City. of Little Rock as .Trustee for. the Central Arkansas Library System 120 Commerce Street Lots 1, 2 and 3, Block 81 PoPe's Addition W Variance Re ested: Variances are requested from the sign provisions of Sections 36-353 and 36-543. . Justification: Present Use of -Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The applicant's explanation is Presented in an attached letter. Vacant wazehOuse building Mixed commercial uses The.property at..120 Commerce Street is zoned. W and is occupied by an existing warehouse buildin Building), which is currently being renovated. A new parking lot was recently constructed along the south and west sides of the building. The applicant is proposing to place thirteen (13) projecting banner. signs on the building. The applicant proposes to place six (6) of the signs on the southwest elevation of the building, one (1) sign on the south elevation and six (6) signs on the east elevation. The applicant notes that each banner sign will be 36 inches by 48 inches and attached to two (2) pe--manent {^:eta? poles October 29, 2001 Item No,: 9 attached sketch). The number of signs proposed by the applicant will be used by the individual business tenants and for promotions of Libra the Central Arkansas ry. The :applican-t .has subruitted elevations of the building (see attached_ sketches) here the signs will be* located on the building=andwthat the signs will have a nine' (9) foot clearance over pedestrian walkways. Section 36-543 of the City's Zoning Ordinance Prohibits the use of banner signs in all zoning districts. Section 36-353 (e) (1) d, limits the number of projecting signs in the River Market Design Overlay District to one, (1) sign per 100 feet of primary street frontage Per building. The applicant is requesting variances _ from these ordinance standards for the proposed Projecting banner signs, The River Market Design Review Committee (DRC) met on October 4, 2001 and discussed the a for signage at 120 Commerce PPlicantr s proposal .Street, The DRC is recommending approval of the sign variances requested by the applicant with the `following conditions: 1. The variances be approved for two (2) years, at which time the Board of Adjustment review the. signage to assure the structural integrity and maintenance of the signs. 2. The number of projecting signs is not to exceed thirteen (13) . 3. No signs are allowed on the north (Markham Street) fagade of the Cox Building., 4. No more than three (3) of the signs will be used , for each business. 5. The applicant must obtain a franchise for the signs along Commerce Street. As noted in the attached letter from the River Market Design Review Committee, the Committee feels that the Proposed projecting banner signs. are a will .aid in ",.,creating a festive,pedestrian-oriented 2 October 29, 2001 Item No.: 9 Staff is supportive of the variances as requested. Staff feels that the signage. as adverse .impact on the .adjacent Proposed .will .have no es general area:. The permanent .bannerropesilns or..the the Board of Adjustment several g approved by . Museum Center in the River fears ago for the Market out well and been properly District have worked District ff the River Market Design Review Committeessareviewpands recommendation on this application. C. Staff Recommendation: Staff recommends approval of the requested sign variances subject to the with the following v conditions: - 1. The applicant must obtain a franchise permit from the City for the signs on the CommerCe Street fagade before the issuance of a sign. permit. 2. Each projecting banner sign must not exceed twelve (12) square feet in area. 3. Letters on the signs must not exceed one foot, six (6) inches in height and text shall not exceed three-quarters of the height of each sign. 4. Signage colors, typeface and style shall be compatible with the River Market District and approved by the River Market DRC. 5. The projecting signs must be placed at a 90 degree angle to the building. 6. The projecting signs must maintain a nine (9) foot clearance over pedestrian walkways. 7. The height of the projecting signs shall not extend past the sill Of -the second story windows. 8. The projecting signs shall extend a max±,um of three (3 ) feet 1: from �� - zz � October 29, 2001 Item No.: 9 9. The number of projecting signs must not exceed thirteen (13) total, with each building elevation-1imited to the number of'signs noted in. paragraph '.B . .of .this report 10. No signs will be all on the north (Markham Street) fagade of the Cox Building. 11. No more than three (3) signs can be utilized by an individual business tenant. 12. Sign permits must be obtained for all signs as Per City Ordinance requirements. u 13. The variances be approved for two e oard of the end of this time (2) Years. At Adjustment will reviewtheprojecting banner signage to assure the structural integrity and maintenance of the signs. BOARD OF ADJUSTMENT: (OCTOBER 29, 2001) 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, 0 nays and 0 absent. 4 December 17, 2001 ITEM NO.: .8 File No . • Z-7103 �3 Owner: City of .Little Rock as Trustee for 'the Central.A=kansas.Library System Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No issues. B. Staff Analvsis: 120 Commerce Street Lots 1, 2 and 3, Block 8, Pope's Addition UU The applicant is requesting a revision of the previously approved Board of Adjustment variances to allow banner signs at this location. The applicant's justification is Presented in an at letter, Mixed Commercial Uses Mixed Commercial Uses On October 29, 2001', the Board of Adjustment approved several variances to allow banner signs to be placed on the Cox Building at 1.20 Commerce Street. 'A total of 13 banners were approved; six (6) to be located on the east side of the building, one (1) on the south side, and six (6) on the southwest side. The variances were approved subject to a number of conditions (see attached October 29 Board of Adjustment minute record). Also attached is the applicant's original cover letter, I t December 17, 2001 Item No.: 8 dated September 24, 2001 and the River Market Design Review Committee letter, dated October 16, 2001. The:applicant.is requestinga_revis3. on in''the previous... Board of Adjustment. approval for the location of some of the signs only. The applicant proposes to move the one (1) banner sign from the south side of the building and the six (6) banner signs from the southwest side of the building to the light poles within the existing parking area between the building and East 2nd Street. See the attached site plan sketch for proposed banner sign' -locations. The total number of signs has. not changed. The River Market DRC has reviewed the proposed revision and has no objection. The DRC's recommendation of approval is based on the number of banner signs remaining the same and compliance with all other conditions of the previous approval. (See attached letter dated December 3, 2001). Staff -is -supportive of the revision as requested.. Staff feels that the ban' ner signs . as proposed will have . no adverse impact on the adjacent properties or the general area. Staff feels that the banner signs. will be compatible with the uniqueness and atmosphere of this entertainment -oriented district. Staff supports the River Market Design Review Committee's review and recommendation on this application. C. Staff Recommendation: Staff recommends approval of the revised application subject to the following conditions: 1. 'The banner signs attached to the light poles' must have a minimum clearance of nine (9) feet over the sidewalks. 2. The total number of banner signs for this Property 'must not exceed thirteen (13). 3. Compliance will all other conditions of the previous approval as noted in the Board of Adjustment minute record dated October 29, 2001. 2 December 17, 2001 , Item No.: 8 BOARD OF ADJUSTMENT: (DECEMBER 17, 2001) The: applicant was present. There. were no object ..Ors Staff presented .the.item.and.a:recommendati' n 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 April 29, 2002 i163 - ITEM NO.: 5j�,° File No.: Z -7103-A Owner: City of Little Rock as Trustee:for the. Central J Arkansas Library: System Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analvsis: 120 Commerce Street Lots 1, 2 and 3, Block 8, Pope's Addition UU Variances are requested from the sign provisions of Sections 36-353 and 36-543. The applicant's justification is presented in an attached letter. Mixed Commercial Uses Mixed Commercial Uses On October 29, 2001, the Board of Adjustment approved several variances to allow banner signs to be placed on the Cox Building at 120 Commerce Street. A total of 13 banners were approved; six (.6) to be located on the east side of the building, one (1) on the south side, and six (6) on the southwest side. The variances were approved subject to a number of conditions (see attached October 29, 2001 Board of Adjustment minute record). Also attached is the applicant's original cover letter, dated September 24, 2001 and the River Market Design Review Committee letter, dated October 16, 2001. On December 17, 2001, the Board of Adjustment approved revisions to the previous approval. The Board approved moving the seven (7) banner signs attached to the south and southwest sides of the building to the light poles within the existing parking area between the building and East 2"d April 29, 2002 Item No.: 5 (Cont.) Street (see attached December 17, 2001 Board of Adjustment minute record for details). The applicant is requesting a revision to the previous Board of Adjustment .approvals involving only the. ban ner signs located on the east side of the . building, along the Commerce Street right-of-way. The applicant proposes to remove the six (6) banners on the east side of the Cox building and replace them with four (4) 4 -foot by 22 -foot banners attached flat against the.north wall of the building facing the River Market (see the attached building elevation sketch for proposed sign placement and typical wording). The River Market DRC has reviewed the proposed revision and has no objection. The DRC's recommendation of approval is based on the following conditions: The banners on the east side of the building will be removed including all mounting hardware. A two-year variance will be required so that the banners can be reviewed for condition of the banners. This is the same two-year variance as before. Staff is supportive of the revision as requested. Staff feels that the banner signs as proposed will have no adverse impact on the adjacent properties or the general area. Staff feels that the banner signs will be compatible with the uniqueness and atmosphere of this entertainment -oriented district. Staff supports the River Market Design Review Committee's review and recommendation on this application. C. Staff. Recommendation: Staff recommends approval of the revised application subject to the following conditions: 1. The banner signs must be properly attached/anchored to the. building. 2. Sign permits must be obtained as per City Ordinance requirements. 3. Compliance will all other conditions of the previous approvals as noted in the Board of Adjustment minute records dated October 29, 2001 (except condition #10) and December 17, 2001. 4. Compliance with the conditions noted in the River Market DRC letter dated April 8, 2002. 5. The variances be approved for two (2) years. At the end of this time period the Board of Adjustment will review the banner signage to assure the structural integrity and maintenance of the signs. April 29, 2002 Item No.: 5 (Cont.) BOARD OF ADJUSTMENT: (APRIL 29, 2002) 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 October 27, 2003 P-1, 42-- J--7/03-3 z7,�3 ITEM NO.: 3� File No.: Z -7103-A Owner: City of Little Rock as Trustee for the Central Arkansas Library System Address: 120 Commerce Street Description: Lots 1-3, Block 8, Pope's Addition Zoned: UU Variance Requested: A time extension is requested on previously approved variances to allow the use of banner signs. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Proposed Use of Property: STAFF REPORT 0 Public Works Issues: No Comments. B. Staff Analysis: Mixed Commercial Uses Mixed Commercial Uses On October 29, 2001, the Board of Adjustment approved several variances to allow banner signs to be placed on the Cox Building at 120 Commerce Street. A total of 13 banners were approved; six (6) to be located on the east side of the building, one (1) on the south side, and six (6) on the southwest side. The variances were approved subject to a number of conditions (see attached October 29, 2001 Board of Adjustment minute record). On December 17, 2001, the Board of Adjustment approved revisions to the previous approval. The Board approved moving the seven (7) banner signs attached to the south and southwest sides of the building to the light poles within the existing parking area between the building and East 2" October 27, 2003 ITEM NO.: 3 (Cont.) Street (see attached December 17, 2001 Board of Adjustment minute record for details). On April 29, 2002, the Board of Adjustment approved a second revision to the original application. The Board approved removing the six (6) banner signs from the east side of the Cox Building and replacing them with four (4) 4 -foot by 22 -foot banners attached flat against the north wall of the building facing the River Market. (See attached April 29, 2002 Board of Adjustment minute record for details). The original approval on October 29, 2001 included the following condition: "The variances be approved for two (2) years. At the end of this time period the Board of Adjustment will review the banner signage to assure the structural integrity and maintenance of the signs." The applicant, Central Arkansas Library System, is requesting that the Board review the banner signage for structural integrity and maintenance, and extend the variances for two (2) additional years. The River Market Design Review Committee (DRC) will review the request for time extension and submit a letter by the time the agenda is printed. Staff made an inspection of the property and found that the banner signs have been properly maintained and secured to the building and light poles. Staff feels that the DRC will find the same and have no problem with the time extension. C. Staff Recommendations: Staff recommends approval of the requested two (2) year time extension for the existing banner signs, subject to the following conditions: 1. Compliance with all conditions of the previous approvals as noted in the Board of Adjustment minute records dated October 29, 2001 (except condition #10), December 17, 2001 and April 29, 2002. 2. Compliance with the conditions noted in the River Market DRC letter dated April 8, 2002. 3. The variances be extended to October 27, 2005. At the end of this time period the Board of Adjustment will review the banner signage to assure the structural integrity and maintenance of the signs, if the applicant requests another time extension. 2 October 27, 2003 ITEM NO.: 3 (Cont.) BOARD OF ADJUSTMENT: (OCTOBER 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 5 ayes and 0 nays. November 24, 2003 ITEM NO.: 3 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: Z -7266-A Delaware North Companies 13000 Interstate 30 Lot 2R, Siebert Addition C-4 A variance is requested from the paving provisions of Section 36-508 to allow a temporary gravel parking lot. The applicant's justification is presented in an attached letter. Undeveloped Parking lot for Little Rock Expo Center 1. A special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to construction. B. Landscape and Buffer Issues: The northern interior island will need to be increased in area to at least 300 square feet. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings will be required to help screen this development from the residential properties to the north, east and west. An irrigation system to water landscaped areas will be required. Cross -ties will need to be installed to protect landscaped area from vehicular traffic and to contain the gravel. November 24, 2003 ITEM NO.: 3 (Cont.) Prior to paving this site, it will be necessary to provide landscape plans stamped with the seal of a Registered Landscape Architect. C. Staff Analysis: The C-4 zoned property at 13000 Interstate 30 is currently undeveloped and partially tree -covered. The property is adjacent to and immediately east of the Little Rock Expo Center. The applicant proposes to develop a 300 space parking lot on the property for additional parking for the Expo Center. There will be a "S" shaped driveway leading from the existing paved parking area into the new lot. The applicant proposes to postpone the paving of the parking facility for five (5) years, and use the area as overflow gravel parking. The applicant has submitted a future paving plan for the property, and notes that the area shown for future paved parking will be the boundary of the area used for gravel parking. A new driveway from the 1-30 frontage road is proposed, and the applicant has noted that it will be constructed with a concrete apron as per Arkansas Highway and Transportation Department standards. Section 36-508 of the City's Zoning Ordinance requires that parking areas be paved as follows: "Every parcel of land which after the effective date of this chapter is changed to a parking area, automobile, other vehicle or trailer sales or storage area or automobile or motor vehicle service station, garage or other vehicle use area shall be paved where subject to wheeled traffic. The minimum pavement requirement shall be one and one-half (1 Y2) inches asphaltic concrete hot mix with a five -inch compacted base or a double surface treatment with a five - inch compacted base or a four -inch concrete slab and shall have appropriate bumper guards where needed. Asphalt roofing and by-products of its manufacture are expressly prohibited as a base course or as surfacing material on parking lots and/or drives." Therefore, the applicant is requesting a variance to allow the area to be used for gravel parking for a period of up to five (5) years. Staff does not support the variance, as requested. Whereas staff recognizes that there are times when events at the Expo Center desperately need additional parking and that a new parking facility will 2 November 24, 2003 ITEM NO.: 3 (Cont.) provide a safer alternative for overflow parking, staff cannot support the deferral for five (5) years. Staff could support a paving deferral for 18 months, subject to the following conditions. 1. Borders must be provided to contain the gravel and protect future landscaped areas. 2. Compliance with the Public Works comments as noted in paragraph A. of this report. 3. Compliance with the landscape and buffer comments as noted in paragraph B. of this report. 4. A concrete apron must be constructed from the 1-30 frontage road to prevent gravel from being pulled onto the street. D. Staff Recommendations: Staff recommends denial of the requested variance, as requested. BOARD OF ADJUSTMENT: (NOVEMBER 24, 2003) The applicant was present. There were no objectors present. The applicant addressed the Board and amended the application to be an 18 -month deferral of paving as recommended by staff. Staff recommended approval of the amended application, subject to the conditions as noted in paragraph C. of the staff report. 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 October 23, 2003 Monte Moore Subdivision Administrator LANDSCAFE City Of Little Rock ARCHI7EC75 723 West Markham Little Rock, Arkansas 72201-'034 Re: Little Rock Expo Center Overflow Parking Paving Variance Monte: . Please find enclosed a zoning variance application to go before the Board of Adjustment. , This package includes the following- information, 1. ,6 copies of a recent survey 2. 6 copies of the proposed site plan .3. 1 application for zoning variance 4.:. 1. notice of:public hearing 5. l affidavit allowing our firm to act as agent on the project 6. A check for the sum of $205:00. for filing fees and notice sign. The Little'Rock Expo Center.would like to postpone paving of the,proposed 300 space parking facility for a time period of 5 years -The plan submitted shows the area of the parking lot when completed in five.years, and this is the area that is proposed to be paved in gravel.. We understand that the concrete apron approach from the frontage road will need to be built now and according to AHTD standards. Our hope is to use this area in. an. overflow situation to alleviate parking on the frontage road during a few peek times during the year. This we hope will provide a safer environment: on these more crowded weekends. We would like to have some time to evaluate the parking .area to determine if it is appropriately sized. It'may be that the plan for a permanent structure will need to be altered slightly. to perform more efficiently. I appreciate your assistance iri these matters and should you have' any questions. or comments please, give me a call at (501). 280-0123: Sincerely,. oberts &Williams Associates -Barry R. Williams, ASLA 1 501 N. UNIVER51 TY, 5TE 430 LITTLE ROCK, ARKANSAS 72207, _-/2 60-01 25 FAX 501/250-0114 November 24, 2003 ITEM NO.: 4 File No.: Z-7528 Owner: Raymond and Brenda Ashmore Address: 30 Cascades Drive Description: Lot 2, Block 3, Pleasant Valley Addition Zoned: R-2 Variance Requested: A variance is requested from the building line provisions of Section 31-12 to allow a new residence which crosses a front 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. Undeveloped Single Family Residential The R-2 zoned lot at 30 Cascades Drive is undeveloped and tree - covered. The property slopes generally downward from back to front (east to west). The applicants propose to construct a new single family residence on the vacant lot. The new structure will be located 25 feet from the front and rear property lines and eight (8) feet from each side line. The proposed residence complies with all of the required Zoning Ordinance setbacks; however, the garage portion of the structure crosses a 30 foot front platted building line by 5 feet. Additionally, because of the slope of the property, the front door will be several feet above grade. The steps leading to the front door will also extend across the platted building line by three (3) to four (4) feet. The November 24, 2003 ITEM NO.: 4 (Cont. steps will be located 26 to 27 feet back from the front property line. The steps will be uncovered and unenclosed. Section 31-12(c) of the City's 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 a variance to allow the building line encroachments. Staff is supportive of the requested variance. The proposed placement of the house on the lot provides for the minimum required rear and side yard setbacks (25 feet — rear, 8 feet — each side). If the house were pushed back on the lot, variances would be needed for reduced rear and side (both rear corners) yard setbacks. Given the existing slope of the lot, staff feels that the requested building line variance is reasonable. Additionally, the slight curve in Cascades Drive along the front property line will give the residence the appearance of lining -up with the adjacent houses to the north and south. The residence as proposed by the applicant is similar in size to the existing homes in this general area, and the requested building line encroachment should have no adverse impact on these properties. 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 garage and step structures. 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 an one -lot replat reflecting the change in the front platted building as approved by the Board. 2. The step structure must remain uncovered and unenclosed. BOARD OF ADJUSTMENT: (NOVEMBER 24, 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 -75 24' Mr. Monte Moore Dept. of Planning and Development 723 West Markham Street Little Rock, AR 72201-1334 Re: Lot 2, Block 3, Pleasant Valley Addition Dear Mr. Moore, We reside at 29 Cascades Drive in Pleasant Valley. In August of this year, Lot 2, Block 3, which is across the street from us, was offered for sale. We purchased the lot unaware of the technicalities regarding set back requirements. We have since learned that the building envelope does not permit us to build a home commensurate with those in the neighborhood. As per the plot plan attached, we are requesting a side set back of eight feet and a front set back of twenty-five feet. This request is within the limits required by the City of Little Rock. Sincerely, R,/a�y and �RAsd�2 6 Brenda J. Ashmore November 24, 2003 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: Z-7533 David McCullough and Martha Ann Nixon 923 N. Spruce Street Lot 14 and part of Lot 13, Block 62, Pulaski Heights Addition R-2 A variance is requested from the area provisions of Section 36-254 to allow a building addition with a reduced side yard setback. The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential 1. Remove the fence from the right-of-way of Hillcrest or obtain a franchise agreement from Public Works for the improvements located in the right-of-way. B. Staff Analysis: The R-2 zoned property at 923 N. Spruce Street (southeast corner of N. Spruce Street and Hillcrest Avenue) is occupied by a two-story frame and stucco single family residence. There is a one -car driveway from Hillcrest Avenue which serves as access. There is an alley along the east property line. There is a six (6) foot high wood fence which encloses the rear yard and extends approximately five (5) feet into the right-of-way of Hillcrest Avenue. November 24, 2003 ITEM NO.: 5 (Cont.) The applicants propose to construct a 720 square foot building addition or the east end (rear) of the existing residence. The addition will be one- story in height and be located two (2) feet back from the side (north) property line and 42 feet from the rear (east) property line. The addition will house additional living space and be constructed to match the existing structure's exterior. The addition will be located entirely within the existing fenced rear yard area. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side yard setback of 6.1 feet for this R-2 zoned lot. Therefore, the applicants are requested a variance to allow the building addition with a two (2) foot side (north) yard setback. Staff supports the requested side yard setback variance. Given the unusual triangular shape of the lot, staff feels that the requested variance is reasonable. Additionally, the proposed addition will have a corner relationship with the side (north) property line, with only approximately 20 square feet of the addition being between the required side setback and the side property line. The proposed building addition and side setback will not be out of character with the general area. The Board of Adjustment recently approved a similar two (2) foot side yard setback for a garage structure on the lot immediately to the east at the southwest corner of N. Palm Street and Hillcrest Avenue. Staff feels that the proposed building addition will have no adverse impact on the adjacent property or the general area. C. Staff Recommendations: Staff recommends approval of the requested side yard setback variance, subject to the following conditions: 1. Obtain a franchise permit for the existing fence located in the Hillcrest Avenue right-of-way or remove the fence from the right-of-way. 2. A building permit must be obtained for the construction. BOARD OF ADJUSTMENT: (NOVEMBER 24, 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 I ILI UV I sue U *i5 ARCHITECTS P.A. i7,S.3-3 October 22, 2003 Mr. Monte Moore Department of Planning and Development 723 West Markham Little Rock, Arkansas 72201 Re: Residential Zoning Variance 923 Spruce Dear Mr. Moore: Enclosed please find an executed application for a residential zoning variance as well as a check for the filing fee. The application is submitted on behalf of the property owners and residents, Ms. Martha Nixon and Mr. David McCullough. We have been assisting the McCullough/Nixon's in determining the best way to expand their unique historic home on a triangulated corner lot to accommodate their growing family. The attached survey shows a proposed 720 sf addition to rear or east side of the structure. Due to the triangulated shape of the lot, the proposed design exceeds the side yard setback on one corner. The design and siting of the addition have been derived from both the programmatic and circulation needs in the house as well as the owner's desire to save as many existing trees in the rear yard as possible. Due to the large public right of way along Hillcrest Street, the proposed addition is approximately 17 feet from the street and remains inside the existing fenced rear yard. The addition will be constructed by matching the existing structure's stucco exterior and clay the roof. I hope you find the application satisfactory. Should you have any questions or need any additional information, please call. Cordially, JAMESON Architects PA Tommy Ja eJon, FOIA Enclosures J November 24, 2003 ITEM NO.: 6 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT F-11 Public Works Issues: No Comments. B. Staff Analysis: Z-7535 Johnson Homebuilders, LLC 5 Surry Cove Lot 64R, Phase I, Carriage Creek Subdivision :a► A variance is requested from the area provisions of Section 36-254 to allow a deck addition with a reduced rear yard setback. The applicant's justification is presented in an attached letter. Single Family Residence (under construction) Single Family Residential The R-2 zoned lot at #5 Surry Cove is occupied by a one-story single family residence which is currently under construction. The property slopes generally downward from front to back (south to north). There is a two -car driveway from Surry Cove which serves as access. As part of the house construction, the applicant proposes a 10 foot by 24 foot deck on the rear of the structure. The deck will be uncovered and unenclosed, and located 16 feet from the rear property line. The deck will be elevated, as the property slopes downward, with a stairway leading to a lower deck at the northeast corner of the residence. November 24, 2003 ITEM NO.: 6 (Cont.) Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear yard setback of 25 feet for principal residential structures. Therefore, the applicant is requesting a variance to allow the deck structure with a reduced rear yard setback. Staff is supportive of the requested variance. With the single family lot being fairly shallow, only 90 feet deep, and the rather extreme slope downward from front to back, staff feels that the requested variance is very reasonable. If the lot were flat, an at -grade patio would have no rear yard setback required. Additionally, the residences to the north along Ridgehaven Road have very deep lots that slope downward to the lots along Surry Cove. The proposed rear yard setback variance should have no adverse impact on these properties, because of their depth and the existing slope. C. Staff Recommendations: Staff recommends approval of the requested rear yard setback variance, subject to the following conditions: 1. The deck and stairway structure within the rear 25 feet of the lot must remain uncovered and unenclosed. 2. A building permit must be obtained for the deck construction. BOARD OF ADJUSTMENT: (NOVEMBER 24, 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 2- *75-35 October 24, 2003 Department of Planning and Development 723 West Markham Little Rock, AR To Whom It May Concern: I am building a house on Lot 64R, Phase I, in Carriage Creek Subdivision, Little Rock, Arkansas. My request is to build a deck on the back of the house. The deck will be 24 feet along the back of the house and 10 foot deep from the house toward the back of the property. The lot configuration is irregular in that (1) it is not very deep and much more shallow that most lots in that area and (2) it also has a severe slop downward -from the front to the back of the property. The deck will be approximately 15 feet high. This upper deck will service the main level of the house. As you can see4im. the enclosed survey plot plan, the house is within the 25 foot variance by approximately a foot. This would mean that the deck would encroach on the 25 foot setback by 9 feet. From this upper deck, we would bring the steps down (per the drawing on the plot plan) to a landing, then have steps coming back to a 7x]2 lower deck at the back right-hand corner of the house. The lower deck services the walk -out basement area which is less than 300 square feet. This lower deck does not encroach on the setback. The lot is at the end of a cul-de-sac. The lot was heavily wooded and trees were left on either side of the house as a buffer and for privacy. The deck would not be viewed by any surrounding neighbors. The neighbor to the rear is on a very large heavily wooded lot and therefore, view of the deck would be obscured by them as well. Thank you for your consideration of this matter. Michael Johnson Johnson Homebuilders, LLC November 24, 2003 ITEM NO.: 7 File No.: Z-7536 Owner: Charles Reaves Address: 422 West 32nd Street Description: Lot 21 and part of Lot 20, Block 2, Chattanooga Addition Zoned: R-3 Variance Requested: A variance is requested from the area provisions of Section 36-255 to allow a room 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 STAFF REPORT /-1 Public Works Issues: No Comments. B. Staff Analysis: The R-3 zoned property at 422 West 32nd Street is occupied by a one- story frame single family residence. There is a one -car driveway from West 32nd Street which serves as access. The applicant proposes to construct a 9.9 foot by 13.1 foot bedroom addition at the northeast corner of the residence. The proposed addition will maintain the same side yard setback along the east property line as the existing house (approximately 1.5 feet). Section 36-255(d)(2) of the City's Zoning Ordinance requires a side yard setback of 4.9 feet for this R-3 zoned lot. Therefore, the applicant is requesting a variance for the reduced side yard setback associated with November 24, 2003 M NO.: 7 (Cont. the proposed room addition. The applicant is also proposing a 7 foot by 13 foot addition on the rear of the structure which conforms to all ordinance setback requirements. Staff is supportive of the requested side yard setback variance. The existing single family house immediately to the east has a side yard setback of approximately 8 feet, with a concrete driveway between the two houses. Therefore, staff feels that adequate separation will exist between the two structures. As noted earlier, the proposed addition will maintain approximately the same side yard setback as the existing house. Because of a slight angle of the house to the side property line, the addition will actually be several inches (3 to 4) farther from the side property line as the existing house. With guttering provided to prevent run-off onto the adjacent property to the east, staff feels that the proposed building addition will have no adverse impact on the adjacent property or the general area. C. Staff Recommendations: Staff recommends approval of the requested side yard setback variance, subject to the following conditions: 1. Guttering must be provided to prevent water run-off onto the adjacent property to the east. 2. The roof overhang of the proposed addition must not extend closer to the east property line than the existing roof overhang. 3. A building permit must be obtained for the construction. BOARD OF ADJUSTMENT: (NOVEMBER 24, 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 T��,---4 —/ -753 4 xletE. 111-127 + � � �.-�.�s � � �,�. -rte- � ,�.�� ;�. �� ,� �.;� � � ��-c�. ,�� . A, -I a- W 5 74' ic, November 24, 2003 ITEM NO.: 8 File No.: Z-7537 Owner: Jose Abel Rimirez Ribera Address: 9213 Tedburn Circle Description: Lot 204, Section "D", Merrivale Addition Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36-516 to allow a privacy fence which exceeds the maximum height allowed. Justification.- Present ustification: 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 Residence Single Family Residence The R-2 zoned property at 9213 Tedburn Circle is occupied by a one- story brick and frame single family residence. There is a one -car driveway from Tedburn Circle which serves as access. The applicant recently constructed a six (6) foot high wood privacy fence along the entire north property line, extending from the northeast corner of the lot into the front yard and to the property's northwest corner. At the northwest corner of the lot the fence turns and runs three to four feet along the front property line. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences located between a building setback line and a street right-of-way. Therefore, the applicant is requesting a November 24, 2003 ITEM NO.: 8 (Cont.) variance to allow the six (6) foot high wood fence between the 25 foot front platted building line and the Tedburn Circle right-of-way. Staff does not support the requested variance. A six (6) foot high opaque fence extending into the front yard of this property is out of character with the neighborhood. Staff did not observe any other opaque fences extending into the front yards of the residences along Tedburn Circle. Staff feels that the six (6) foot high fence has an adverse visual impact on the adjacent property to the north, as it extends into the front yard area. Staff believes that the portion of the fence within the front 25 feet of the lot should be reduced to a height of four (4) feet, which would conform to ordinance standards. C. Staff Recommendations: Staff recommends denial of the requested fence height variance. BOARD OF ADJUSTMENT: (NOVEMBER 24, 2003) Staff informed the Board that the applicant failed to complete the required notifications to surrounding property owners. Staff recommended that the item be deferred to the December 22, 2003 agenda. The item was placed on the Consent Agenda and deferred to the December 22, 2003 Agenda by a vote of 4 ayes, 0 nays and 1 absent. 2 Southwestern Diocese of the Church of Christ (Holiness) U.S.A. October 10, 2003 City of Little Rock Department of Planning and Zoning 723 West Markham St. Little Rock, AR. 72201-1334 75? -7 Bishop Vernon E. Kennebrew Phone: 501- 376 -1664 13900 Edgemond Dr. Fax: 501-954-7277 Little Rock, AR. 72212 Email: Vkennebrew@aol.com RE: Request for Residential Zoning Variance in Not Reducing the Height of a Privacy Fence along the Property Line 9213 Tedburn Circle Little Rock, AR. 72209 To Whom It May Concern: I am requesting the privilege of extending a six foot privacy fence past the front of my house for the following reasons: 1) Noisy and non-cooperative residents in the house adjoining my property to the north 2) Disturbances due to coming and going of many vehicles and people during the day and throughout the night 3) There have been gunshots coming from this neighboring house that have entered into my tenant's daughter's bedroom. 4) Police have been called and have responded on a number of occasions and have made some arrests. 5) This fence will provide additional privacy and security for the residents of my house. Thank you for your consideration of this request. Sincerely, �,, , �_ Vq.� Vernon E Kennebrew STAFF REPORT A. Public Works Issues: 1. The sign must provide a 9 foot minimum clearance over the public sidewalk. 2. Obtain a franchise agreement from Public Works (John Barr, 371-4646) for the improvements located in the right-of-way. B. Staff Analysis: The UU zoned property at 500 President Clinton Avenue is occupied by the Museum Center Building. Boscos Restaurant recently occupied a portion of the building's main level at the northwest corner of the structure. Access to the restaurant is gained from St. Vincent Plaza at the west end of the building. November 24, 2003 ITEM NO.: 9 File No.: Z-7538 Owner: Little Rock Newspapers, Inc./ Arkansas Museum of Science and History Address: 500 President Clinton Avenue Description: Part of Block 2, Pope's Addition Zoned: UU Variance Requested: A variance is requested from the sign provisions of Section 36-353 to allow a projecting sign. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Mixed use including office, retail, restaurants and museum Proposed Use of Property: Mixed use including office, retail, restaurants and museum STAFF REPORT A. Public Works Issues: 1. The sign must provide a 9 foot minimum clearance over the public sidewalk. 2. Obtain a franchise agreement from Public Works (John Barr, 371-4646) for the improvements located in the right-of-way. B. Staff Analysis: The UU zoned property at 500 President Clinton Avenue is occupied by the Museum Center Building. Boscos Restaurant recently occupied a portion of the building's main level at the northwest corner of the structure. Access to the restaurant is gained from St. Vincent Plaza at the west end of the building. November 24, 2003 ITEM NO.: 9 (Cont. The restaurant proposes to install a projecting sign at the southwest corner of the Museum Center Building. The sign will be just under 12 square feet in area, and located approximately 12' — 10" above the sidewalk and below the second floor window sill. The projecting sign will have the word "Boscos" repeated multiple times in a pierced screen fashion. The color is to be light gray with red highlights. The applicant is requesting one (1) variance in association with the proposed projecting sign. Section 36-353(e)(1)e. of the City's Zoning Ordinance (River Market Design Overlay District Standards) requires that a projecting sign be placed at a 90 -degree angle to the building facade. The proposed projecting sign will extend from the corner of the building, at a 135 degree angle to the south and west building facades. Staff is supportive of the requested variance. Staff views the variance as very minor. Similar type projecting signage has been approved in the River Market District; therefore, the proposed sign will not be out of character with the area. As noted earlier, the proposed projecting sign conforms to all ordinance requirements except for the sign angle. Staff believes the projecting sign as proposed will have no adverse impact on the River Market District. The River Market Design Review Committee met on November 4, 2003 and recommended approval of the requested variance by a vote of 4 ayes, 0 nays and 1 absent. A copy of the DRC approval letter is attached for Board of Adjustment review. C. Staff Recommendations: Staff recommends approval of the requested sign variance, subject to the following conditions: 1. A sign permit must be obtained. 2. A franchise permit must be obtained. 3. Lighting fixtures must be approved by staff prior to permitting. BOARD OF ADJUSTMENT: (NOVEMBER 24, 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 ROMA POMODORI INC. BOSCOS BREWING COMPANIES 2104-2 Oveiton Square Lane Memphis, Tennessee 38104 Tel: 901-278-0087 Fax: 901-278-3040 Boscos@boscosbeer.com October 1, 2003 Dear Members of the Design Board: We applying for a permitted sign to be placed on the Northwest corner of the Discovery Museum Building located at 500 President Clinton Ave. The intersecting street is Commerce Street. The owners of the building and their representative have given approval for the sign and that approval is enclosed. We comply with most of the stipulations of the Littlerock and Riverrmarket Sign Ordinances. One variation is the angle of the sign in reference to the wall of the building. Since the sign extends from the corner of the building its angle to the reference wall is 135 degrees whereas the ordinance is 90 degrees. We would like to apply for a variance for the angle of the sign. We feel this variance will allow the sign to be seen from the street parallel to the building and the intersecting street. The signs maximum thickness is 3 inches, height 64 inches and width 26 inches for a total of 11.56 sq feet. The arrow extends another 5.5 inches below the bottom of the sign and is 11 inches wide, for an additional 0.42 sq feet. The color will be a light grey(silver) and the highlighted Boscos lettering will be in red. We believe the sign will enhance the neighborhood and possibly win a design award for our sign designer. Si;emyFeinstone, ce ely, Since /President River Market bDesign Greg Parr, Chairman n Q Millie Ward, Member Review Patty Wingfield, Member r Tim Peiple, Member Committee Shannon Jeffery -Light, Member Planning and Development • 723 W. Markham • Little Rock, Arkansas 72201 • 501-371-4790 • fax 501-399-3435 November 12, 2003 Board of Adjustment 723 West Markham Little Rock, AR 72201 Re: Bosco's Projecting Sign Chairman and Members, The River Market DRC met on November 4, 2002 and reviewed the projecting sign at 500 Pres. Clinton Ave. for Boscos. The DRC did approve the sign as submitted. The applicant will submit lighting fixtures to the Staff for approval prior to installation. The final vote was 4 yes, 0 noes and 1 absent. Thank you, Brian Minyard River Market DRC Staff November 24, 2003 ITEM NO.: 10 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-7539 Craig and Nancy Wood 5300 Country Club Blvd. Lot 12, Block 10, Newton's Addition M 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 5300 Country Club Blvd. (northwest corner of Country Club Blvd. and N. Harrison Street) is occupied by a two-story brick and frame single family residence. There is a two -car driveway from N. Harrison Street which serves as access. The applicants propose to construct a one-story, 13.5 foot by 20 foot addition to the existing garage at the north end of the single family structure. The addition will be used for storage and include a mud room. The addition will be located eight (8) feet from the side (east) property line and 5.5 feet from the rear (north) property line. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear yard setback of 25 feet for principal residential structures. Therefore, November 24, 2003 ITEM NO.: 10 (Cont.) the applicants are requesting a variance from this ordinance standard to allow the proposed 5.5 foot rear yard setback. Staff is supportive of the requested variance. The proposed rear yard setback will not be out of character with the neighborhood. There are several single family homes on corner lots in this general area with similar rear yard setbacks. Additionally, there are a number of lots in the general area with reduced setbacks and maximum lot coverages. The proposed building addition will be separated from the carport structure on the lot immediately to the north by 9 to 10 feet. Staff feels that the proposed building addition will have no adverse impact on the adjacent property or the general area. The front and side yard setbacks associated with the existing house and proposed addition conform to ordinance standards. C. Staff Recommendations: Staff recommends approval of the requested rear yard setback variance, subject to a building permit being obtained for the proposed construction. BOARD OF ADJUSTMENT: (NOVEMBER 24, 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 11 - %S3 j November 24, 2003 [i�►�l�C��il� File No.: Owner: Address: Description: Zoned: Z-7540 Tim and Ginger Wylie 7325 Kanis Road Part of Lot 4, of the amended plat of Burk's Addition 1-2 Variance Requested: Variances are requested from the sign provisions of Section 36-554 to allow installation of a ground -mounted sign which exceeds the allowable area and which is located in the public right-of-way. Justification: Present Use of Property Proposed Use of Property: STAFF REPORT U Public Works Issues: The applicant's justification is presented in an attached letter. Office/warehouse Office/warehouse 1. Public Works does not support placement of any signs that project into the right-of-way of a principal arterial. B. Staff Analysis: The 1-2 zoned property at 7325 Kanis Road is occupied by a one-story office/warehouse building. There is an access drive from Kanis Road near the northeast corner of the property. The north/west end of the existing building is currently in the process of being reconstructed. As part of the property's renovation, the applicant proposes to install a new ground -mounted sign near the existing driveway, along the front property line. The proposed sign has a height of 27 feet and an area of 80 square feet. The sign pole is proposed to be located 1.5 feet inside November 24, 2003 ITEM NO.: 11 (Cont. the front property line, with the face of the sign extending approximately three (3) feet across the property line and into the right-of-way of Kanis Road. The sign face will have a clearance of 19 feet above the parking area/right-of-way. Section 36-554(a)(2) of the City's Zoning Ordinance allows a ground - mounted sign in industrial zoning to have a maximum height of 30 feet and a maximum area of 72 square feet. Section 36-554(b) requires that ground -mounted signs be set back at least five (5) feet from any property line and vehicular public right-of-way, measured from the closest edge of the sign. Therefore, the applicant is requesting variances from these sections to allow the ground -mounted sign with an area of 80 square feet and which extends into the public right-of-way. Staff does not support the variances, as requested. Although staff has no problem with the requested variance to allow the 80 square feet in sign area, staff does not support the sign extending into the public right-of-way. As noted in paragraph A. of this report, the Public Works Department does not support the sign extending into the right-of-way of a principal arterial street. Staff feels that there is adequate room on the property to locate the sign and be out of the right-of-way. Staff could possibly support a variance to allow a reduced setback if the entirety of the sign were on the private property. C. Staff Recommendations: Staff recommends denial of the sign variances, as requested. BOARD OF ADJUSTMENT: (NOVEMBER 24, 2003) The applicant was present. There were no objectors present. Staff informed the Board that the applicant had revised the application by moving the sign location so that the entire sign is out of the right-of-way, with a zero setback from the front property line. Staff recommended approval of the revised application, subject to a sign permit being obtained. 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. 0 October 24, 2003 City of Little Rock Board of Adjustment C/O Mr. Monte Moore Department of Planning and Development 723 West Markham Little Rock, Arkansas Re: Request for Zoning Variance (Sign) To Board Members: Please accept this request for a zoning variance on property located at 7325 Kanis Road in Little Rock. This variance is based on Section 36-554, namely "Signs permitted in industrial zones." The applicable sections of this ordinance are contained in section (a) & (b). Only one freestanding sign is involved in this request, as detailed in the following: (1) This section specifies that any freestanding signs are to be no larger than two (2) square feet in sign area for each linear foot of main street frontage up to a maximum of seventy-two (72) square feet. Since we have over two -hundred linear feet of main street frontage we qualify for the maximum allowed size of seventy-two square feet. We are requesting a variance allowing us to construct a freestanding sign of eighty square feet, an increase of 11% above the maximum size allowed by the ordinance. If approved, this will allow us the size and dimension ratio needed to contain our desired message and graphics. (2) In addition, we are also requesting a second variance based on Section 36-554. This is contained in paragraph (3), (b), which states in part "all freestanding ... signs shall have a minimum setback of five (5) feet from any property line and vehicular public right -of way, measured from the closest edge of the sign." We are requesting a variance from this ordinance allowing us to erect the above- mentioned sign in a location which will cause its western edge to extend three feet past our property line. This would result in an encroachment of some three feet (at a height of 19 feet) over a city -owned, 13' wide, concrete covered strip of land which abuts our western property line. The edge of the proposed sign would be more than 10 feet in distance from the sidewalk and more than 16 feet from the Kanis Road right-of-way. Due to the nature of our irregularly shaped lot and needed parking spaces (and access to these) this location is the least disruptive of any other possible location on our property that is near Kanis road. Since there is the city -owned strip of land which gives us separation from our property line to the sidewalk of 13 feet, and from the Kanis Road vehicular ROW of 19 feet, it would seem that the sign location we are requesting via this variance request would not have a negative effect on our neighbors, the public, or Kanis Road traffic. Thanks for considering this request. Sincerely, f Tim Wylie 376-9844 November 24, 2003 ITEM NO.: 12 File No.: Owner: Address: Description: Zoned: Z-7541 Venu Varma 13810 St. Michael Drive Lot 929, St. Charles Addition R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 in association with the construction of a new single family residence. 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 Residence (under construction) Single Family Residential The R-2 zoned property at 13810 St. Michael Drive is occupied by a newly constructed, two-story brick single family residence. There is a two -car driveway from St. Michael Drive which serves as access. The property slopes downward from back to front (west to east). There is a 25 foot front platted building line along the front property line. After the house was constructed, it was determined that the steps and landing leading from the front door of the structure to the driveway extend approximately 6.5 feet across the front platted building line. The front door of the house is eight (8) to ten (10) feet above grade because of the November 24, 2003 ITEM NO.: 12 (Cont.) slope of the property. The front edge of the landing is approximately six (6) feet above grade, tying in at grade with the driveway. The front edge of the landing is located approximately 18.5 feet from the front property line. The existing steps and landing are uncovered and unenclosed. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front yard setback of 25 feet for single family lots. Section 31-12(c) of the City's 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 for a reduced front setback and building line encroachment associated with the steps and landing structure. Staff is supportive of the requested variances. Given the slope of the property and the elevation of the front door, staff feels that there is not enough room between the front door and the garage to turn the steps without extending across the platted building line. If the steps and landing remain uncovered and unenclosed, staff feels that they will have a minimal impact on the surrounding properties and general area. This house is the only structure on the west side of St. Michael Drive which faces east. The residences immediately to the north and south have side yard relationships with this north/south section of St. Michael Drive. 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 steps and landing 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 an one -lot replat reflecting the change in the front platted building line as approved by the Board. 2. The steps and landing must remain uncovered unenclosed. BOARD OF ADJUSTMENT: (NOVEMBER 24, 2003) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. 0 November 24, 2003 NO.: 12 (Cont. 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 U 915 Nix Road Little Rock, Arkansas 72211 October 24, 2003 Board of Adjustment City of Little Rock Building Codes Division 723 West Markham, Dear Sir or Madam: W&S Construction is sincerely seeking to obtain a variance on the property located at 13810 St. Michaels. Lot # 929 a part of the St. Charles Subdivision, Pulaski County. -several reasons as to why we need a variance; this is a two level single family home that is .lately 2617 square feet. This home is built on a slab. The lot is very steep and is wedge Nhen laying this house out we could not set it back on the lot any further due to the wedge ditle fact that it would exceed the 25 foot back set limit. Due to the steep hill this house is rt required that the steps be built up and come out further, therefore the walk was made rid -we tied it into the drive to give a continuous flow and make it look appealing. At this time not aware of the built in encroachment at the front building line. It is our plea that you would s variance for the front step/landing encroachment of the front building line. If at all possible 3 like to avoid having to do a major reconstruction on the front of this home and delay the om moving into their home. Sincerely d'alzda &R& CC. W&S Construction November 24, 2003 ITEM NO.: 13 File No.: Z-7542 Owner: Ralph and Ernestine Russell Address: 15325 Crystal Valley Road Description: Southeast corner of Crystal Valley Road and Colonel Miller Road Zoned: 0-3 and AF Variance Requested: An Administrative Appeal has been filed to determine if the temporary use of a travel trailer falls within a property's nonconforming status. Justification: Present Use of Property Proposed Use of Property: STAFF REPORT W 19 Public Works Issues: No Comments. Neighborhood Notification: The applicants' request is contained in an attached letter. Single Family Residential Single Family Residential The Crystal Valley Property Owners Association, Otter Creek Homeowners Association and SWLR United for Progress were notified of the administrative appeal. C. Staff Analysis: The 0-3 zoned property at 15,325 Crystal Valley Road is occupied by one-story brick single family residence. There is a two -car concrete drive from Colonel Miller Road, and a gravel drive from Crystal Valley Road. The general area contains single family residences on large tracts of land. November 24, 2003 ITEM NO.: 13 (Cont.) There is a large apartment complex to the south, and a large amount of undeveloped property in the area. The north one-half of the property is currently zoned 0-3 and has a nonconforming status for the existing single family residence. For most of the past 28 years the property owners have had mobile homes and/or travel trailers on the property which served as separate residences. However, there have been no mobile homes or travel trailers on the site in the past two (2) years. The applicants, Ralph and Ernestine Russell, recently requested of staff permission to place a travel trailer on the property for up to 18 months. The travel trailer would be for the Russell's grandson to live in while he is attending college. The applicants have noted that there is available electric, water and septic system for the travel trailer to be connected to, probably left over from the existing mobile homes and travel trailers which were previously on the site. Staff was unable to approve the Russell's request based on the fact that there have been no mobile homes or travel trailers on the site for over 12 consecutive months. Section 36-153(c) of the City's Zoning Ordinance addresses nonconforming uses as follows: "(c) Abandonment or discontinuance. 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 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." Therefore, the applicants are requesting an appeal of staff's decision that the temporary placement of a travel trailer on the site is not in conformance with the property's nonconforming status. The applicants are asking the Board of Adjustment to determine that, based on the past history of the property, the temporary placement of the travel trailer is appropriate. As noted earlier, the applicants are requesting placement of the travel trailer on the property for up to 18 months. 2 November 24, 2003 ITEM NO.: 13 (Cont.) BOARD OF ADJUSTMENT: (NOVEMBER 24, 2003) Ernestine Russell was present, representing the application. There were no objectors present. Staff presented the application to the Board. Ernestine Russell addressed the Board in support of the application. Chairman Ruck asked about a motor home he observed in the front yard of the residence at 15325 Crystal Valley Road. Ms. Russell stated that it was her personal motor home. Ms. Russell explained that the travel trailer for her grandson would be placed behind the house and that it would be connected to an existing septic system where a mobile home once existed. This issue was briefly discussed. There was a lengthy discussion regarding the placement of a travel trailer on the property. Ms. Russell noted that the Crystal Valley Property Owner's Association had no objection to the travel trailer being placed on the property. There was a motion to approve the appeal and approve the 18 -month placement of a travel trailer on the property for the Russell's grandson to live in while attending school. The motion passed by a vote of 3 ayes, 1 nay and 1 absent. Staff clarified the issue as follows: The 18 -months beings from the date that the travel trailer is placed on the property, not from this meeting date. The Board agreed with staff's clarification. 3 10/27/2003 05 501445533766 Dear 3'un Lawson, GALLERY OF STORAGE October 27, 2003 l 'AGE 01 �-2--7S� I'd like to request per russion to put atravei trailer on my property. We already have electric, water, and a 1000 gallon septic tank. This request is being made so that my grandson can live there and go to college. It will only be for 9 to I8 months. We have lived here for over 28 years and have had Mobil homes or travel trailers there most of the time until about 2 years ago. I'd tike a quick response. Thank You, Ernestine Russell 15325 Crystal Valley Rd. Little Rock, Ar 72210 501-455-4782 Cell 9 501-510-1547 1"14A tiws� vRELINdNARY BOARD OF ADJUSTMENT CALENDAR OF MEETING DATES 2004 FILING DATE LEGAL AD MEETING DATE 12-19-03 01-16-04 01-26-04 01-23-04 0243-04 02-23-04 02-20-04 03-19-04 03-29-04 03-26-04 04-16-04 04-26-04 04-23-04 05-14-04 05-26-04 (Wednesday) 05-28-04 06-18-04 06-28-04 06-25-04 07-16-04 07-26-04 07-23-04 08-20-04 08-30-04 08-27-04 09-17-04 09-27-04 09-24-04 1045-04 10-25-04 10-22-04 11-19-04 11-29-04 11-19-04 12-10-04 12-20-04 12-17-04 01-21-04 01-31-05 NOTE: (1) All Board meetings to be held at 2:00 P.M. unless otherwise changed by the Board. (2) Agenda meeting to be held at 1:30 P.M. in the Board Conference Room on meeting date. NOTICE: AN INTERPRETER WILL BE PROVIDED FOR THE HEARING IMPAIRED UPON REQUEST. REQUEST SHOULD BE MADE TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT AT LEAST TWO WORKING DAYS PRIOR TO THE SCHEDULED MEETING DATE. 11 D i U O U � � W 0_ W 0� > Z ct� W N Q � LL O J Q 0 Q7 } OfO LLJ o m Q w v U) � � � {— z)>mY Q W Q� Q U U 2LLmc�� a C PIA z w co Q IS W Q z LU \< November 24, 2003 There being no further business before the Board, the meeting was adjourned at 3:35 p.m. Date: ar, 2�2aDS ''�� Chairman