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boa_04 30 2001LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES APRIL 30, 2001 2:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being five (5) in number. II. Approval of the Minutes of the Previous Meetings The Minutes of the March 26, 2001 meeting were approved as mailed by unanimous vote. III. Members Present: William Ruck, Chairman Norm Floyd, Vice Chairman Fred Gray Gary Langlais Scott Richburg Members Absent: None City Attorney Present: Cindy Dawson LITTLE ROCK BOARD OF ADJUSTMENT I. DEFERRED ITEMS A. Z-6986 B. Z-6993 II. NEW ITEMS 1. 2. 3. 4. 5. 6. 7. AGENDA APRIL 30, 2001 2:00 P.M. Z -5610-A Z -6921-A Z-7002 Z-7003 Z-7005 Z-7006 Administrative Appeal 1800 North Grant Street 2222 Singleton Cove 5223 Hawthorne Road 7615 Fluid Drive 2007 Cherry Bend Dr. 12,911 Westglen Dr. 45 Edgehill Road 5021 Stonewall Road 3421 Walker Street S11WIl ).119 0 0 N N 3NId 0 - 834V83 11nV81N1 �y moedve ub l v s o z w 4._J d A3NOON NV 0e SliWll Allo 39018 AWIA _ I4) 'yJNpJ3�brS o mgt Pr me In • April 3v, 2001 Item No.: A File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property Staff Report: A. Landscape Review: Superior Federal Bank 1800 N. Grant Street Lot 5, North 46.5 feet of Lot 6 and Lot 8, Block 9, Mountain Park Addition O-3 Variances are requested from the area regulations of Section 36-281, the parking provisions of Section 36-507 and the buffer requirements of Section 36-522. The applicant's justification is presented in an attached letter. Full Service Bank Bank drive-thru teller service only The site plan submitted does not provide for the 9 foot wide street buffers along North University Avenue and Cantrell Road required by the Zoning Ordinance. Additionally, it does not provide for the 9 -foot wide landscape strips along North University and along the northern and a portion of the southern perimeters of the site required by the Landscape Ordinance. Since this site is located within the designated "mature area" a 25% reduction is allowed. However, the plan submitted is below this minimum width requirement of 6.7 rww.... rw rv�wwww a..aa a.. n.V 4A Arai yb..�.Vn 4.111) iL1i 111 variance by the City Beautiful Commission. B. Public Works Issues: 1. Proposed building is located in MSP right-of-way required for Cantrell Road. April 3.. , 2001 Item No.: A (Cont.) 2. A 20' radial dedication is required at the corner of Cantrell and Grant. 3. Cantrell Road is classified on the MSP as a principal arterial. Dedication of right-of-way to 55' from centerline is required. 4. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvement to these streets including 5 -foot sidewalks with planned development. S. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 6. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. C. Staff Analysis: A Superior Federal Bank Facility is located on the 0-3 zoned property at 1800 North Grant Street. The bank has also acquired an 0-3 zoned lot located across the alley, west of the bank property. The bank proposes to raze the existing bank building and replace it with a drive-through teller only facility. The remainder of the bank's functions are to be located in an existing C-3 zoned building across Grant Street to the east. The recently acquired lot across the alley to the west is to be developed as parking for employees. All customer traffic to the new teller facility will be vehicle traffic only; there will be no public parking or "walk-up" customer traffic. The new teller facility will consist of a small (12' X 501) building with a large canopy that extends over 5 traffic lanes. Four lanes will be teller lanes with the fifth being an ATM lane. Each lane will have stacking space for 5 vehicles. The structure, building and canopy, will meet or exceed the required setbacks on the north (side), east (front) and west (rear). The bank is required to dedicate 25 feet of additional right-of-way for Cantrell Road. The proposed new teller building extends 5.7 feet into the new right-of-way. The code requires a 10 -foot side yard setback, to be measured from the new right-of-way line. Since the 11 new parking spaces proposed for development on the newly acquired lot are separated from the teller and bank facilities by an alley and Grant Street, they are considered off-site parking and a variance is required. April 3.. , 2001 Item No.: A (Cont.) The street buffer along the North University Avenue perimeter of the new parking lot falls slightly below the 9 feet required by the Ordinance. Since the teller facility building actually extends across the property line on the Cantrell Road perimeter (once the right-of-way is dedicated) the buffer on that perimeter also falls below the 9 feet required by the Ordinance. Staff does support the variance to allow the off-site parking to be located on the newly acquired lot. This lot is well within walking distance to both the teller facility and the new bank location. The buffer variance on the University Avenue perimeter is minor and, with a small modification, may not be necessary at all. The issues related to the proposed location of the teller building itself are more complicated. As proposed, nearly half of the building will be located in the public right-of- way. A franchise would be required to allow the building to be constructed in the right-of-way. It is questionable whether it is good public policy to allow this to occur. Initial responses from other City departments are not favorable. Staff could support a 0 setback on the south (Cantrell Road) perimeter, once the required right-of-way is dedicated. This can be accomplished by eliminating one of the drive-through teller lanes and moving the building to the north. This would still leave 3 teller lanes, an ATM lane and a pass lane. Each of the teller and ATM lanes are capable of stacking 5 vehicles each. Even that level of activity on what will be a 70' X 140' lot seems on the verge of excessive. If the building were moved to provide a 0' side yard setback on the Cantrell Road perimeter, staff could also support a reduction in the buffer on that side. Until such time as the road is ever widened, the additional 25 feet of right- of-way would be landscaped yard. A separate issue that is mentioned here for informational purposes only concerns landscaping. There are areas where the ordinance. Variances from those standards can only be approved by the City Beautiful Commission. 3 April 3-, 2001 Item No.: A (Cont.) C. Staff Recommendation: Staff recommends approval of the variance to allow the off- site parking to be located on the lot located west of the alley and of the buffer variance to allow a reduction on the University Avenue perimeter of that parking lot subject to compliance with the following conditions: 1. Compliance with Public Works Comments including any variance or waiver of the requirements as may be granted by the Board of Directors or the Director of Public Works. 2. Compliance with the City's Landscape Ordinance including any variance or waiver of those requirements as may be granted by the City Beautiful Commission. Staff does not recommend approval of the requested variance to allow the proposed teller building to be located across the property line and to extend into the right-of-way for Cantrell Road. BOARD OF ADJUSTMENT: (MARCH 26, 2001) William Putnam and Charlie Peden were present representing the item. There were several objectors present. Staff informed the Board that a revised site plan had been submitted in which the proposed teller building had been moved out of the master street plan right-of-way. A 0' side yard setback was now requested on the Cantrell Road perimeter. Staff recommended approval of the requested off-site parking, buffer and setback variances subject to compliance with the conditions outlined in the "Staff Recommendation" above. William Putnam stated that he had no comments but would prefer to answer questions and respond to comments raised by those present in opposition. building being either in or immediately adjacent to the right-of- way. Mr. Putnam responded that the requirement to dedicate 25 feet of property for right-of-way created the need for the reduced setback. Mr. Floyd stated that he would prefer to see the building centered on the site with the drive-through lanes on either side. Mr. Putnam responded that the bank and its 4 r April 3. 2001 Item No.: A (Cont.) architect had determined that the proposed design was the most efficient for serving its customers. Mr. Ruck asked if there would be a problem with not having a pass-through lane. Mr. Putnam responded that the ATM lane would serve as a pass-through lane. Mr. Putnam stated that the driving force behind the proposal was the City's request that the bank do something about customers stacking behind the one existing teller window and blocking traffic in Grant Street. In response to a question from Norm Floyd, City Traffic Engineer Bill Henry described the typical construction of a principal arterial street. Moise Seligman, owner of the property at 6020 Cantrell Road, spoke in opposition to the proposal. He stated the bank's new development would create traffic problems that would negatively impact the tenant of his building. Billie Seligman chose not to speak. Jan Woods, daughter of Jeanette Corder who is part-owner of the adjacent commercial development at 5901-5921 "R" Street, spoke in opposition. She stated the bank had leased space in a building owned by Ms. Corder and her partner Frances Fields in a building across Grant Street without telling them of its plans for the property at 1800 N. Grant. Ms. Woods stated the bank's proposal would eliminate access to the loading docks and dumpsters located at the rear of the buildings at 5901-5921 "R" Street. She asked if there was not a prescriptive easement that would allow continued use of Superior's property to access the dumpsters and loading docks. She also voiced fears that increased bank traffic could lead to a pedestrian accident if a bank customer exiting the teller facility turned north on the alley, between the commercial buildings at 5901-5921 "R" Street. Jeanette Corder chose not to speak, deferring to her attorney Geoffrey Treece. Mr. Treece addressed the Board and stated he felt there was an issue about whether there was a prescriptive easement to allow continued access to the dumpsters and loading docks. Mr. Treece stated that he understood that was a separate issue, perhaps to be decided by the courts. He stated that he felt the proposed level of development was too intense for the small site and 5 April 2001 Item No.: A (Cont. generated traffic problems. Mr. Treece stated that he felt Superior should address the issue of continued access to the rear of the buildings at 5901-5921 "R" Street to avoid possible litigation. Phil Olinghouse, owner of The Toggery at 5919 "R" Street, spoke in opposition. He also voiced concerns about continued access to the loading dock on the rear of his building. He stated that delivery trucks would have no choice but to park in the alley to unload, blocking Superior's drive-through lanes. Mr. Olinghouse stated that it was difficult to access either Cantrell Road or University Avenue from the bank site. He stated he felt Superior's proposal to go from one drive-through window to 5 was excessive. Norm Floyd asked if the site plan could be reversed so that traffic would access the bank site from the west and exit to the east. Bill Henry responded that such a proposal would funnel all of the traffic onto Grant Street, where the current proposal gave two points of exit, the alley and University Avenue. Frances Fields chose not to speak, deferring to her daughter Libby Williams. Ms. Williams voiced concerns about bank traffic turning north on the alley. She also stated that delivery trucks would block the alley and the bank's teller lanes. Ms. Williams stated that the bank's representatives had refused to meet with Ms. Fields and her tenants. Jerry Makowski, tenant of the building at 6020 Cantrell Road, spoke in opposition. He stated he had limited access to his property that would be impacted if Superior's plans were approved. He also brought up the issue of traffic safety and presented photographs showing traffic in the area. Mike Pierce, owner of Papa John's Pizza in the abutting "R" Street building, spoke of his concerns regarding continued access to the dumpster and the increase in traffic on the bank site. He also stated that Superior had refused to meet with area businesses. members had been to the site. William Ruck stated he wanted to hear staff's response to the issues that had been raised thus far. C { April 3-, 2001 Item No.: A (Cont. David Hamilton, of Public Works, stated any approved variances should include the condition that Superior upgrade the alley to provide better access to Cantrell Road. He acknowledged that any regrading of the alley could further impact access to the property at 6020 Cantrell. Bill Henry confirmed Mr. Putnam's statement that the City had asked Superior Bank to come up with a plan that provided more and better stacking space at the drive -up tellers in order to address the problem of customers blocking Grant Street and Cantrell Road. Mr. Henry stated that he did not feel that there would be a large increase in customer traffic to the site just because there were more drive-through teller windows. In response to a question from the Board, Mr. Henry stated that it was his opinion that Superior's plan would work the way it is proposed. Norm Floyd commented that there was a problem accessing Cantrell Road and that he felt this plan created too much traffic on the site. William Ruck asked if the Cantrell/University intersection area was an accident-prone situation. Mr. Henry responded that it was one of the top 5 accident locations in the state. He stated he felt Superior's plan would make the situation better. In response to a question from William Ruck, Mr. Henry stated that the proposed additional stacking space was a definite improvement. At William Ruck's request, Dana Carney of the Planning Staff outlined the specific variance requests. Jerry Makowski addressed the Board and questioned Mr. Henry's assessment of the traffic situation. Mr. Henry reiterated his opinion that he felt Superior's plan would improve traffic in the area. Mr. Henry stated that more teller lanes did not necessarily mean more customer traffic. He stated the City's primary concern was getting the customer traffic off of the street. Mr. Henry stated that the City had not received - '- -i ---- _ __ _____--— _-1 —__7 -- ___— — -- —_ r .�. .�... �.... ..aa....... about traffic stacking up entering the site. Mr. Henry stated the site may not have the most advantageous access but it has the best that it has to work with. Jan Woods reiterated her concern that more teller lanes would result in more traffic on the site. 7 April :5-, 2001 Item No.: A (Cont. Rodney Getchell, owner of Hestand's at 5915 "R" Street, spoke of his concern about having continued access to the loading dock and dumpster. William Putnam addressed the Board and stated that all that was being done was in response to the City's direction to address the problem of customers blocking Grant Street. He stated Superior had tried to locate another site in the area but could not, so the decision was made to divide the bank's operations, leaving only the drive-through facility on this site. Mr. Putnam stated that Superior had worked with staff to devise a plan that worked best. He stated the multiple lanes would spread out the customers and reduce the possibility of traffic backing into the street. Mr. Putnam stated that a title search had revealed nothing that allowed access across the bank property to reach the loading dock and dumpster on the abutting property. He stated the Chairman of the Board of Superior had expressed concern that allowing continued access across the bank property was a liability. Mr. Putnam stated that the proposal was not going to triple or quadruple business but was going to address traffic concerns related to the existing customers. Norm Floyd asked why the Bank had not met with the neighbors. The response was that the plan was in flux and the decision was made at the corporate level not to meet. Mr. Floyd commented that a meeting might help. Geoffrey Treece asked if the bank was required to have all of the parking spaces shown west of the alley. Dana Carney responded that they were not but that the bank was providing extra spaces since parking was at such a premium in the Heights. Mr. Treece asked that the item be deferred to allow the neighbors to meet with Superior. Mr. Putnam responded that he could not accept a deferral because the project was behind schedule. He stated the bank was not requesting any variances that were unreasonable and had done everything requested by the City. He Phil Olinghouse stated the issue was stirring up the neighborhood and asked that the Board deny the request. Mr. Putnam stated the bank was not stating that it wouldn't work with the neighbors. 8 April 3., 2001 Item No.: A (Cont.) Jerry Makowski reiterated his opposition. Dana Carney reiterated the various issues for the Board. He noted that the buildings at 5901-5921 "R" Street were built with a reduced rear yard setback of 0 feet as a result of Board of Adjustment approval in 1962. He noted that the 1962 plan for those buildings showed service entrances and dock access to be taken from the alley, not from the abutting property. Mr. Carney noted that the City's traffic engineer had voiced definite support for Superior's proposed plan. He outlined the particular variance requests and noted that the bank could erect a fence and landscaping along its northern perimeter, blocking off the loading docks and dumpsters, with or without the Board's approval. Norm Floyd thanked Mr. Carney for pointing out what could be done. He stated he still felt that Superior was proposing to overbuild the lot and that he had to oppose the issue. A motion was made to approve all requested variances subject to compliance with the conditions recommended by staff and the additional condition proposed by Public Works that the alley be improved to the City's specifications. The vote was 2 ayes, 2 noes, 0 absent and 1 abstaining (Richburg). Since the item failed to receive 3 votes either in favor or against the issue, the item was deferred to the April 30, 2001 meeting. William Ruck voiced his opinion that increased traffic was his primary concern. He stated he felt there would be an increase in traffic if the Board approved the variances and that the bank should either find another site or reduce the size of the proposed facility. Gary Langlais stated that he felt it would be advantageous for all parties to meet prior to the item returning to the Board. Fred Gray stated there were some issues that could not be handled by the Board of Adjustment. He also encouraged a meeting to be arranged between the parties. BOARD OF ADJUSTMENT: (APRIL 30, 2001) The applicant was not present. There were no objectors present. Staff informed the Board that the applicant had requested E April .5 2001 Item No.: A (Cont. withdrawal of the item. Staff informed the Board that the site plan had been revised so that there were no longer any variances. The item was placed on the Consent Agenda and approved for withdrawal. The vote was 5 ayes, 0 noes and 0 absent. 10 PUTNAM REALTY INC. SUITE 1820 UNION NATIONAL BANK BUILDING A. LITTLE ROCK, ARKANSAS 72201 :, PHONE AC 501376-3616 February 15, 2001 COMMERCIAL INDUSTRIAL SPECIALISTS BUSINESS COMMERCIAL& INDUSTRIAL CONSULTANTS J'. 7 REAL ESTATE INVESTMENTS j rs- DIVESTMENTS b ACQUISITIONS Cs APPRAISALS ��1 Public Works DITAGIN�;.E.E i Special Programs City of Little Rock NEWROCK 701 W. Markham, Room 211 PARKING DECK Little Rock, Ar 72201 TRAVELERS INSURANCE BUILDING ,1 The Superior Federal Bank building was constructed oNARD SON approximately 40 years ago, .and has remained open as a RESTAURANT banking facility until this time. VILLAGE SHOPPING However, the City advised us (Superior Federal Bank) CENTER that the modern way of banking via drive-thru, has created a V. change and a traffic congested situation. STORYBOOK VILLAGE ;, The Bank was advised of the problem and took it upon GLENWOOD themselves to correct the situation by moving all inside HEIGHTS banking across Grant Street in a new office (leased). HOWARD JOHNSON The present building will be demolished and tellers MOTEL windows installed with servicing tubes, creating a magazine SCHOOLWOOD area for 20 cars. No parking on site, will be allowed A ALLENDALE See the attached designs by the architects. ti JAMESTOWN APARTMENTS Employee parking will take place on a recently acquired site for parking. WINDAMERE APARTMENTS PROFESSIONAL OFFICE BUILDING COMMERCIAL INDUSTRIAL SPECIALISTS BUSINESS COMMERCIAL& INDUSTRIAL CONSULTANTS J'. 7 REAL ESTATE INVESTMENTS j rs- DIVESTMENTS b ACQUISITIONS Cs APPRAISALS ��1 Page 2 A great deal of study was done before the subject plan was decided on. Turning movements, ingress, egress were analyzed. The present design was arrived at thru a great deal of discussion with the architects. When the present building is razed, it changes the footprint and therefore allows the City to ask for an additional 10 feet of setback from the center line of Cantrell Road. The City already had 45 feet. The present building set on this line - the addition requirement makes a 55 foot setback. The above increase caused the Bank to have to ask for a Franchise on the additional 10'feet required by the City for right-of-way,in order to solve the problem as set forth in the letter to the Branch Manager, attached hereto. W.B. Putnam, Applicant WBP/jh April 5,, 2001 Item No.: B File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: Staff Report: A. Public Works Issues: No issues. B. Staff Analysis: Z-6993 City of Little Rock 2222 Singleton Cove Lot 8, Parkview Hill R-2 A variance is requested from the area regulations of Section 36-254. This lot has a 45 -foot platted front building line, causing the house to be located closer to the rear property line. Vacant lot Single Family The City of Little Rock, through its Affordable Homes Program, is proposing to construct a new, single-family residence on the R-2 zoned lot located at 2222 Singleton Cove. The proposed house will meet all required setbacks but a deck on the back of the house is proposed to extend 12 feet into the required 25 -foot rear yard setback. Staff supports the requested variance. This "pie -shaped" building line. This increased front setback, much more than the 25 -foot front setback typically required in R-2, has the effect of pushing the house more toward the rear of the lot. The requested encroachment is for only the 12 -foot width of the deck. The encroachment represents a minor percentage of the overall width of the rear yard. A drainage ditch along April 3.. , 2001 Item No.: B (Cont. the rear property line separates this lot from the property adjacent to the rear. The reduced setback for this 12' X 12' deck should have no impact on adjacent properties. The deck is not proposed to be covered or enclosed. C. Staff Recommendation: Staff recommends approval of the requested rear yard setback variance subject to the deck remaining uncovered and unenclosed. BOARD OF ADJUSTMENT: (MARCH 26, 2001) Rick Jones was present representing the application. There were no objectors present. A board member had commented that he did not observe the required sign advertising the public hearing on the property. Mr. Jones informed staff that he could not address that issue since the application had been handled by someone else in his office. He suggested that the item be deferred and the issue of the sign addressed. Staff informed the Board of the applicant's request for deferral. The item was placed on the Consent Agenda and approved for deferral to the April 30, 2001 meeting. The vote was 5 ayes, 0 noes and 0 absent. BOARD OF ADJUSTMENT: (APRIL 30, 2001) Rick Jones was present representing the application. There were no objectors present. Staff offered a recommendation of approval subject to the deck remaining uncovered and unenclosed. Staff informed the Board that the required sign had been placed on the property. Mr. Jones offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent. 2 April 3_, 2001 Item No.: 1 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 -5610-A Raymond Roland Remmel and Margarita Garcia Remmel 5223 Hawthorne Road Lots 5 and 6, Block 11, Newton's Addition R-2 A variance is requested from the area regulations of Section 36-254 to permit construction of a garage addition with a reduced rear yard setback. The applicant's justification is presented in an attached letter. Single Family Single Family The R-2 zoned property at 5223 Hawthorne Road is occupied by a one-story frame, single-family residence and a detached, two -car garage. The garage is accessed from the house by a covered walkway. The applicant proposes to remove the existing garage structure and build in its place an addition to—the hoes -e. The addition wi con ain an enc ose glass breezeway, a 3 -car garage and laundry on the ground floor and a guest room built into the roof above. The addition is proposed to maintain the existing 14 -foot setback from the south (rear) property line. Since the proposed addition is an expansion of the principal structure, a 25 -foot rear yard setback is required by the Code. April 3( , 2001 Item No.: 1 (Cont.) Staff is supportive of the requested variance. The addition will maintain the same setback as the existing accessory structure with only a slightly larger footprint within the rear yard setback area. The property consists of two lots. The encroachment thus occupies a smaller percentage of the rear yard, leaving adequate, open rear yard area behind the remainder of the house. The property adjacent to the south is at a higher elevation and is separated from the subject property by a retaining wall. This difference in elevation helps to mitigate the visual impact of the reduced setback when viewed from the property to the south. There appears to be approximately 25 feet between the property line and the structure on this adjacent property, providing adequate separation between structures. This proposed garage/laundry/guestroom addition does not appear to be out of character for the neighborhood. C. Staff Recommendation: Staff recommends approval of the requested rear yard setback variance. BOARD OF ADJUSTMENT: (APRIL 30, 2001) The applicant was not present. There were no objectors present. Staff informed the Board that the applicant had submitted a letter on April 13, 2001 requesting that the item be withdrawn. The item was placed on the Consent Agenda and approved for withdrawal. The vote was 5 ayes, 0 noes and 0 absent. 2 Yeary Lindsey Architects March 22, 2001 Mr. Dana Carney Dept. of Neighborhoods and Planning 723 W. Markham St. Little Rock, AR 72201 RE: Zoning Variance Application For Remmel Residence 5223 Hawthorne Road Dear Dana, We are requesting a zoning variance at 5223 Hawthorne Road to allow a rear yard setback of 14'-0". Our proposed plan is for a new story and a half structure. The plan includes a three car garage and laundry at the ground level and guest room built into the roof above. This addition will be attached to the house with an enclosed glass breezeway. We are requesting that this new structure replace the existing garage which is currently 14'- 0" from the rear yard property line. This 14' setback will continue to maintain more than adequate separation between the garage and the existing garage on the lot to the south. We feel that the new garage addition will not negatively impact any of the nearby lots. Thank you for your time and consideration. Sinc re Ellen Yeary 319 E. Markham, Suite 201 Little Rock, AR 72201 501-372-5940 FX: 501-707-0118 April 3., , 2001 Item No.: 2 File No.: Owner: Address: Descrit>tion: Zoned: Variance Requested: Justification: Present Use of Property Proposed Use of Property: Staff Report: A. Public Works Issues Z -6921-A Koon Properties, Inc. 7615 Fluid Drive Lot 2C, Replat of Little Rock River Subdivision C-3 A variance is requested from the sign area provisions of Section 36-555 to permit a ground -mounted sign exceeding 160 square feet in area. The applicant's justification is presented in an attached letter. Motel Motel No issues related to this sign variance. B. Staff Analysis: The C-3 zoned property located at 7615 Fluid Drive is occupied by a Travelodge Motel. The property has frontage on Fluid Drive, Fourche Dam Pike and I-440. A McDonald's restaurant is located adjacent to the north. A shared ground -mounted sign is located on the common property line between McDonald's and Travelodge. This shared sign was McDonald's sign mounted over an 8' X 32' Travelodge sign. The sign exceeds the maximum of 36' in height and 160 square feet in area allowed for signs in the commercial district. The additional height and area was approved to allow visibility from I-440 and in response to the previous property owner's agreement not to request additional ground- r April 3. , 2001 Item No.: 2 (Cont. mounted signs on the Travelodge property. The hotel site is permitted 3 ground mounted signs since it has three street frontages. Travelodge is now requesting a ground -mounted sign on the I-440 perimeter of the site. The sign is proposed to be 65 feet in height, or approximately 41 feet over the 24 -foot height of the I-440 overpass over Fourche Dam Pike. The applicant proposes to remove the Travelodge component of the existing shared sign and to relocate it to the new location. The 256 square foot, 8' X 32' Travelodge sign exceeds the maximum 160 square feet permitted in commercial districts. Section 36-557(b) states the height of ground -mounted signs on properties adjacent to freeways may be measured from the elevation of the centerline of the freeway. In this case, the 36 -foot allowable height may be measured from the 24 - foot higher elevation of the freeway. The applicant is requesting an additional 5 feet in height. Staff is supportive of the concept of relocating the Travelodge component from the shared sign to its own location adjacent to the freeway. This would reduce the visual effect of the large shared sign area. There are other, larger and taller signs in the area around this interchange. Since the Travelodge component of the existing shared sign is below the McDonald's sign, it is hidden from approaching traffic on I-440 by the tree line. Allowing it to be placed on its own pole at the taller height will make it more easily seen from the interstate. Staff believes it is appropriate to limit the height of the sign to a maximum of 36 feet above the elevation of the adjacent interstate, as outlined by Section 36-557(b). C. Staff Recommendation: Staff recommends approval of the requested sign area variance to allow Travelodge to erect an 8' X 32' ground - mounted sign on the I-440 perimeter of the site subject to compliance with the following conditions: shared ground -mounted sign located between Travelodge and McDonald's. 2. There are to be no additional ground -mounted signs on the Travelodge property. 2 April 3, 2001 Item No.: 2 (Cont. Staff does not support the variance to allow a sign height of 65 feet, 41 feet higher than the elevation of the adjacent interstate. BOARD OF ADJUSTMENT: (APRIL 30, 2001) The applicant was present. There were no objectors present. Staff informed the Board that the applicant had agreed to limit the height of the sign to 60 feet, 36 feet above the elevation of the adjacent interstate. Staff also informed the Board that the sign measured 8 feet by 25 feet in area, not 8 feet by 32 feet. Staff offered a recommendation of approval of the sign area variance subject to compliance with the following conditions: 1. The Travelodge sign component is to be removed from the shared ground -mounted sign located between Travelodge and McDonald's. 2. There are to be no additional ground -mounted signs on the Travelodge property. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent. W ANDREW V. FRANCIS E-MAIL:AFRANCIS t! FIARDMGRACE.COM Phone extension: 13 March 21, 2001 Mr. Jim Lawson City of Little Rock Office of Planning and Development 723 W. Markham Little Rock, AR 72201 Via Hand Delivery HARDIN & GRACE A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 410 WEST THIRD, SUITE 200 LITTLE ROCK, ARKANSAS 72201 TELEPHONE(501)378-7900 FACSIMILE (501) 376-6337 RE: Koon Properties, LLC — Sign Variance for Travelodge motel, I-440 and Fourche Dam Pike Dear Jim: This letter is to request a variance from Little Rock's sign ordinance for the above -referenced property. Enclosed please find a plat map of the above -referenced property showing the proposed location of the new sign, a drawing of the existing sign, and two photos showing the view (or lack thereof) of the existing sign from I-440. When you view the property you will see that it is a high-quality, attractive development. My client invested around one million dollars in this business, which used to be a boarded -up eye sore! However, the location of the current sign is not serving my client's commercial communication requirements. As the enclosed photos clearly show, the sign is all but invisible from the interstate in both directions until you are past the exit to Fourche Dam Pike. The motel's potential customers just drive right past it because they do not have a chance to see the sign in time to exit the interstate. To solve this problem, I propose that the City grant a variance to allow one additional on -premises, freestanding sign for the Travelodge. The new sign will be the same style, lighting, materials, and sign area as the existing sign. Ideally, the new sign would have a height of 65 feet, or approximately 41 feet over the 24 foot height of the Fourche Dam Pike overpass. This would allow potential customers to see the motel's sign from the interstate before they pass the Fourche Dam Pike exit. My client's engineer is preparing drawings for the sign right now, and I will provide you with copies of the same as soon as I have them. •\�p The current lack of visible signage is hurting my client's business, so time is of the essence. If staff the filing deadline for the next meeting is this Friday, March 23. I would greatly appreciate it if you could give me a response to this request as soon as possible. 01t Page 2 Mr. Jim Lawson March 21, 2001 Thank you for your time and please call me with any questions. Cordially, HARDIN & GRACE, P.A. Andrew V. Francis /avf Enclosures cc: Koon Properties, LLC April 3v, 2001 Item No.: 3 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property Staff Report: A B. Public Works Issues: No Comments. Staff Analysis: Z-7002 Karen Mack 2007 Cherry Bend Drive Lot 3, Block 6, Cherry Creek R-2 A variance is requested from the area regulations of Section 36-254 to permit installation of a patio cover with a reduced rear yard setback. The shallow depth of the lot limits the buildable area. Single family Single family The R-2 zoned property located at 2007 Cherry Bend Drive is occupied by a one-story, brick and frame, single-family residence. The applicant proposes to erect a patio cover over the concrete patio at the rear of the house. The cover will result in a rear yard setback of 13.2± feet. The code requires a rear yard setback of 25 feet for this lot. azarz�3-supgoTz_LVe oz-me—requeszecL--variance. Tne 1� averages only 97 feet in depth, less than the minimum lot depth of 100 feet required for R-2 zoned property and less than the typical West Little Rock residential lot. This has resulted in less available rear yard area than the typical lot. The cover will be erected over an existing concrete patio and will be unenclosed on the sides. The variance is April 3u, 2001 Item No.: 3 (Cont. for only the width of the patio cover. The remainder of the required rear yard area of this lot remains open and uncovered. The house on the lot adjacent to the rear appears to have a setback exceeding 25 feet, providing adequate separation between structures. C. Staff Recommendation: Staff recommends approval of the requested rear yard setback variance to allow a 20' X 10' patio cover subject to the patio cover remaining open and unenclosed on all sides other than at the point it adjoins the house. BOARD OF ADJUSTMENT: (APRIL 30, The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to the patio cover remaining open and unenclosed on all sides other than at the point it adjoins the house. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 April 3,-, 2001 Item No.: 4 File No.: Z-7003 Owner: Kevin and Ellana Kelly Address: 12911 Westglen Drive Description: Lot 44, West Hampton Subdivision Zoned: R-2 Variance Requested: A variance is requested from the building line provisions of Section 31-12 to permit construction of a swimming pool and deck to be built across a platted building line. Justification: The lot has two street frontages and has a 25 -foot building line on both frontages. Virtually the entire rear yard area is within one of the building lines. Present Use of Property: Single Family Proposed Use of Property: Single Family Staff Report: A. Public Works Issues: No Comments. B. Staff Analysis: The R-2 zoned property located at 12,911 West Glen Drive is occupied by a new, two-story, brick and frame, single-family residence. The lot slopes up from Gamble Road to West Glen Drive. The lot has frontage on both West Glen Drive and both street frontages. The applicant proposes to install a 16' X 32' swimming pool in the rear yard. A 4' concrete deck will wrap around the pool. The pool and deck will extend across the platted 25 -foot building line on the Gamble Road perimeter. The pool conforms to zoning setback and area coverage requirements. April 3., 2001 Item No.: 4 (Cont.) Staff is supportive of the requested variance. Virtually the entire rear yard is impacted by the building line. The building line was put in place to assure that the homes on these lots maintained a proper setback from Gamble Road. A 6 -foot tall privacy fence extends along the Gamble Road perimeter. This in -ground pool will be mostly hidden by the fence. The pool is set back 151± from the rear property line and 251± from the curb of Gamble Road. Allowing the pool and deck to encroach across the rear building line should have no effect on adjacent properties or on traffic in the street. If the Board approves the building line variance, the applicant will have to do a one lot replat reflecting the change in the building line. The applicant should review the filing procedure with the Circuit Clerk's Office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested building line variance for the pool and deck subject to a one -lot replat reflecting the change in the building line as approved by the Board. BOARD OF ADJUSTMENT: (APRIL 30, 2001) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to a one -lot replat reflecting the change in the building line for the swimming pool. Staff informed the Board that the applicant had notified 8 persons and that 6 of those individuals had been notified either 1 or 2 days later than the 10 days required by the Board's Bylaws. Staff noted that the sign had been posted on the property. After a brief discussion, a motion was made to waive the Board's bylaws-7and-'t(3accep-t--th-e�3.ces . The vote was 5 ayes, 0 noes and 0 absent. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent. K l April 3u, 2001 Item No.: 5 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property Proposed Use of Property: Staff Report: A. Public Works Issues: No Comments. B. Staff Analysis: Z-7005 Joe and Janinne Girior 45 Edgehill Road Plot 45 and part of Plot 47, Edgehill R-2 A variance is requested from the area regulations of Section 36-254 to permit construction of a carport addition with a reduced side yard setback. The applicant's justification is presented in an attached letter. Single family Single family The R-2 zoned property located at 45 Edgehill Road is occupied by a two-story, brick and frame, single-family residence. The house is in the process of being substantially remodeled, including the addition of a porte- cochere on the east side. All appropriate permits were Ts-sued–fa-r—the project, ase on the house maintaining the required 8 foot side yard setback on the east side. After work had begun, the applicant realized the porte-cochere needed to be wider to accommodate two vehicles. He is now requesting a 4 -foot side yard setback. April 3., 2001 Item No.: 5 (Cont.) The request does not seem unreasonable to staff. The property is 206.3 feet in depth and the variance is requested for only the depth of the proposed porte-cochere. The remainder of the house exceeds all required setbacks. The applicant has stated that the porte-cochere will have a hip roof; pitching to the front, rear and side. It will be open on the front and rear. The house on the lot adjacent to the east appears to have a set back of 6'± from the common property line. This provides a separation of 101± between structures. A brick wall is located on the property line separating the two sites. Staff believes it is appropriate to limit the size of the eave/overhang and to require guttering to control water run-off. C. Staff Recommendation: Staff recommends approval of the requested side yard setback variance subject to compliance with the following conditions: 1. The eave/overhang on the east side of the addition is to be limited to no more than 12 inches. 2. Guttering is to be installed on the east side of the addition to prevent water runoff onto the adjacent property. BOARD OF ADJUSTMENT: (APRIL 30, 2001) The applicant was present. There were no objectors present. Staff presented the item and offered a recommendation of approval subject to compliance with the conditions noted in the "Staff Recommendation" above. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent. 2 ,Jack Hartsell Construction Co. 319 Gill Street MILLWORK DIVISION Bus: 501-376-2871 Little Rock, Arkansas 72205 Fax: 501-375-6653 DEPT OF PLANNING BOARD OF ADJUSTMENTS 723 WEST MARKHAM LITTLE ROCK, AR RE: 45 EDGEHILL RD TO WHOM IT MAY CONCERN: WE ARE REQUESTING A VARIANCE FOR A 4' SIDE YARD SET BACK. THIS HOME WAS BUILT IN THE 1950'S. DUE TO THE CONFIGURATION OF THE HOME, THE ONLY WAY TO DO IMPROVEMENTS IS TO GO OUT THE EAST SIDE OF THE HOME. WE ARE ADDING A GARAGE TO THIS SIDE OF THE HOUSE (WE HAVE A PERMIT (#20004742) TO DO THIS ADDITION. AFTER WORK HAD ALREADY BEGUN, WE REALIZED WE NEEDED AN ADDITIONAL 4' TO HAVE ADEQUATE GARAGE AREA. TACK HARTSELL, BUILDER JOE GIRIOR, OWNER April 3�, 2001 Item No.: 6 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: KOM110 Howard and Rachael McCain 5021 Stonewall Road Lot 6, Block 27, Newton's Addition R-2 A variance is requested from the area regulations of Section 36-254 to permit construction of an addition with a reduced side yard setback. The applicant's justification is presented in an attached letter. Single family Single family The R-2 zoned property at 5021 Stonewall Road is occupied by a one-story, brick and frame, single-family residence. The applicant proposes to construct an addition onto the rear of the house, maintaining the 4 -foot side yard setback that a portion of the existing house now has. The code requires a 5 -foot side yard setback for this lot. ­�taz= Deiieves the request is not unreasonable. The 1 -foot variance is relatively minor and should have no greater impact on the adjacent property than the existing house does. Indeed, a portion of the existing house actually extends 1.65 feet over the property line onto the adjacent property. The house on the adjacent lot has a setback of 10'± from the common property line. The addition proposed April 3�_, 2001 Item No.: 6 (Cont. by the applicant is located to the rear of the adjacent house. There is adequate separation between structures. The applicant has recently removed an accessory building that was located in the vicinity of the proposed addition. That accessory building had a side yard setback of 1± foot. The applicant has stated that granting the variance will allow the interior of the addition to be better balanced with the existing house and is, as such, more architecturally desirable. Staff believes it is reasonable to limit the size of the eave/overhang on the west side of the addition and to require guttering so as to prevent water run-off onto the adjacent property. C. Staff Recommendation: Staff recommends approval of the requested side yard setback variance subject to compliance with the following conditions: 1. The eave/overhang on the west side of the addition is to be limited to no more than 12 inches. 2. Guttering is to be installed on the west side of the addition to prevent water run-off onto the adjacent property. BOARD OF ADJUSTMENT: (APRIL 30, 2001) The applicant was present. There were no objectors present. Staff informed the Board that the applicant had explained that the proposed addition will have a gable -end facing the west property line and no guttering would be required. Staff presented the item and a recommendation of approval subject to the eave/overhang on the west side of the addition being limited to no more than 12 inches. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent. 2 MAR 23 '01 P4=34PM LOAN DEPT I March 23, 2001 Board of Adjustment City of Little Rock 723 W Markham Little Rock, AR Dear Board Members: P.1 I am planning a 25 foot addition to the back of my house at 5021 Stonewall Rd and I am requesting a variance on the west side. Instead of the 5 foot building setback, I would like you to approve a 4 foot setback. This would line up with part of the original structure of the house. The addition will line up with part of the original structure. The addition will be behind a privacy fence and will not be visible from the street. By granting the 4 foot setback, the interior of the addition will be balanced with the existing structure and will not feel like new space. Thank you for your consideration. Sincerely, Howard McCain April 3., 2001 Item No.: 7 Name: Oscie Lockwood and Jeffery Lockwood Address: 3412 Walker Street Type of Issue: Administrative appeal of staff's denial of a request to continue parking a commercial vehicle on the R-3 zoned property at 3412 Walker Street. Staff Report: Jeffery Lockwood is the owner/occupant of the R-2 zoned property located at 3412 Walker Street. Mr. Lockwood owns and operates an 18 -wheel tractor and occasionally parks the vehicle at his home. He states the vehicle is parked at his home to prevent it from being vandalized if it were parked elsewhere. A code enforcement office discovered the vehicle while making a routine inspection of the neighborhood. There was no complaint filed regarding the vehicle. Section 36-512 of the Code prohibits the parking of such commercial vehicles on residentially zoned property. After receiving a courtesy notice Mr. Lockwood appealed to Jim Lawso Development. Section 36-515 of th director to approve variances from owner can evidence a circumstance property. Mr. Lawson chose not to Mr. Lockwood was advised to appeal BOARD OF ADJUSTMENT: from Code Enforcement, n, Director of Planning and e Code permits the planning Section 36-512 if the property or hardship unique to the grant the variance and to the Board of Adjustment. (APRIL 30, 2001) Jeffery Lockwood was present to represent his appeal. Staff presented the issue. Mr. Lockwood addressed the Board. He stated he had purchased the truck 5 years ago and had paid $104,000 for it. Mr. Lockwood voiced concern that t e truck would be vandalized if it were left unattended. He stated the truck was at his home mostly only on weekends and was parked on a paved driveway. Mr. Lockwood stated he was an independent contractor and did not drive for a large trucking company with a terminal where he could park the truck. April 3�, 2001 Item No.: 7 (Cont. In response to questions from Fred Gray, Mr. Lockwood stated the trailer was kept elsewhere and driving the truck was his only employment. He reiterated his statement that the truck was at his home typically only on weekends. In response to a question from Norm Floyd, Code Enforcement Officer, Jan Giggar stated that there had been no complaint made regarding the truck. Mr. Giggar stated he had found the violation on Monday, February 12, 2001. In response to a question from Gary Langlais, Mr. Lockwood stated the truck was never parked on the street, that it was always parked on the paved driveway. William Ruck asked if there was not some other place to park the truck. Mr. Lockwood responded that there were other places such as truck stops but that the vehicle was likely to be either stolen or vandalized. In response to a question from Scott Richburg, Mr. Lockwood stated that he typically was gone from Sunday through Friday but it depended on which company he was leased to. Mr. Lockwood again pleaded not to have to move the truck. Mr. Lockwood stated that he was considering buying property outside of the City and would perhaps move at some point in the near future. Dana Carney, of the Planning Staff, urged Mr. Lockwood to check with staff before making such a move since the City had jurisdiction for some distance outside of the corporate city limits. After a brief discussion, a motion was made to allow Mr. Lockwood to park one tractor (truck) on the paved driveway in his yard, predominately on weekends, for a period of 2 years. The motion included the condition that Mr. Lockwood return to the Board after two years, at which point any further request to continue parking the truck would be considered a zoning variance and would require full notification. Deputy City Attorney Cindy Dawson asked that the record reflect that ere were no persons present to object. The motion was approved by a vote of 5 ayes, 0 noes and 0 absent. 2 y'I\ 4146 P, C March 2, 2001 r&- Jeffery Lockwood 3412 Walker Street Little Bock, AR 72204 To I 'hom It May Concern; 1, Jeffery Lockwood, personally own the 18 -wheeler parked at 3412 Walker Street. This vehicle is used for business puiposes. I have been driving a company owned vehicle for 8 years in which some of them were vandalized. For S years, I've personally owned my 18 wheeler, and it is my fear that my vehicle, valuing $100,000, will be subject to vandalism if it is parked any where other tl�an my yard. The vehicle is in working- condition and is driver, on a regular basis. Parking the vehicle in my yard is for my own protection, I feel this will save me from any loss if an attempt is made to vandalize my vehicle. The area is maintained. The vehicle is not in disrepair, surrounded by trash, or tall grass. The vehicle is parked in my yard only when I have time off from my job. It is for my safety that the vehicle be parked in my yard because I leave home during various times of the day. Please advise mo of the exact complaint and ordinance that the vehicle is in violation of in order £or me to correct the problem. Thank you, Lockwood � 1,774 BY:— N❑ LL A LU w w H O F - w U L z O ❑ a O m 9'1 r �0 U) oW(� w z � v� Q m } > = Y 2 U- -<i � April 30, 2001 There being no further business before the Board, the meeting was adjourned at 2:25 p.m. Date: Chairman