boa_09 26 2016LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
SEPTEMBER 26, 2016
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 August 29, 2016 meeting were
approved.
Members Present:
Frank Allison
Carolyn Lindsey Polk
Christopher Smith
Jeff Yates, Chairman
Members Absent: Robert Tucker, Vice Chairman
City Attorney Present: Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
I. OLD BUSINESS:
A. Z-9160
NEW BUSINESS:
1.
Z-3660-1
2.
Z -9027-B
3.
Z-9164
4.
Z-9168
5.
Z-9169
6.
Z-9170
AGENDA
SEPTEMBER 26, 2016
K[iI1lULTi1
10800 Bass Pro Parkway
6 Bass Pro Drive
5800 Hawthorne Road
2122 N. Palm Street
9801 Interstate 30
10123 Independence Lane
1201 S. Spring Street
SEPTEMBER 26, 2016
ITEM NO.: A
File No.: Z-9160
Owner: Otter Grove Plaza, LLC
Applicant: Stuart Brent
Address: 10800 Bass Pro Parkway
Description: North side of Bass Pro Parkway, at Gateway Grove Loop
Zoned: C-4
Variance Requested: A variance is requested from the sign provisions of Section
36-557 to allow a wall sign without street frontage.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Commercial (under construction)
Proposed Use of Property: Commercial
STAFF REPORT
A. Public Works Issues.-
No
ssues:
No Comments.
B. Staff Analvsis:
The C-4 zoned property located at 10800 Bass Pro Parkway is occupied by a one-
story commercial building which is under construction. The property is located at
the corner of Bass Pro Parkway and Gateway Grove Loop. The commercial building
is located within the front half of the lot and will have paved parking in the front
(south) and rear (north) of the building. The majority of the parking will be located
at the rear of the building. Access drives will be located along the western (Gateway
Grove Loop) and southern (Bass Pro Parkway) property lines. The commercial
building will house four (4) tenants.
The tenant within the easternmost portion of the commercial building (Pie Five Pizza
Co.) is requesting to install a wall sign on the rear of the building in addition to wall
signage on the front facade. The proposed wall sign on the rear of the building will
be 4.33 feet by 15.67 feet (67 square feet) in area. The portion of the rear fagade
occupied by the restaurant will be 18 feet by 40 feet (720 square feet).
SEPTEMBER 26, 2016
ITEM NO.: A (CON'T.)
Section 36-557(x) of the City's Zoning Ordinance requires that all on -premise wall
signs be located on building sides which have street frontage. Therefore, the
applicant is requesting a variance from this ordinance requirement to allow the wall
sign on the rear (northern) fagade which has no street frontage.
Staff is not supportive of the requested sign variance. Staff does not feel that the
request is reasonable. The main identifying signage will be on the front of the
building facing Bass Pro Parkway. Staff feels that this signage will be adequate
enough to direct patrons to the business. Although the majority of the parking for
the site will be at the rear of the building, staff does not feel that the amount of wall
signage as proposed will be needed for business identification. Staff could support
smaller, minimal signage on the entry doors or windows, or between the entry doors
on the rear fagade of the building. Staff does not believe that the amount of wall
signage proposed for the rear fagade of the building is warranted in this case.
C. Staff Recommendation:
Staff recommends denial of the requested sign variance, as filed.
BOARD OF ADJUSTMENT (August 29, 2016)
Staff informed the Board that the application needed to be deferred to the September
26, 2016 agenda, based on the fact that the applicant failed to complete the
notifications to surrounding property owners.
The item was placed on the consent agenda and deferred to the September 26, 2016
agenda. The vote of 4 ayes, 0 noes and 1 absent.
BOARD OF ADJUSTMENT (September 26, 2016)
Staff informed the Board that the application needed to be deferred to the October 31,
2016 agenda, based on the fact that the applicant failed to complete the notifications
to surrounding property owners. Staff explained that the notices were incomplete
based on the fact that the signatures were obtained seven (7) days late and that the
notice form was not completely filled out, including the date and time of the public
hearing. The issue of deficient notice was discussed. Debra Weldon, City Attorney
noted that the notice needed to be done correctly to ensure due process.
A motion was made to defer the application to the October 31, 2016 agenda. The
vote was 4 ayes, 0 nays and 1 absent. The application was deferred.
2
Attn: Board ofAdjustment
Pie Five Pizza Little Rock is requesting a sign variance for our upcoming location located at 10800
Bass Pro Parkway Suite 2D,Little Rock, AR72210.VKeare requesting to add aDadditional sign on the
back/rear ofthe building which faces the 1-43Oservice road. The primary reason for our request isthat
alarge portion ofour parking area islocated behind the building, thus making the back ofthe building
our primary entrance.
SEPTEMBER 26, 2016
ITEM NO.: 1
File No.: Z-3660-1
Owner: Gateway Village I, LLC
Applicant: D. Alan Bubbus
Address: 6 Bass Pro Drive
Description: South side of Bass Pro Drive, between Bass Pro Parkway
and 1-30
Zoned: C-4
Variance Requested: A variance is requested from the sign provisions of Section
36-557 to allow a wall sign without street frontage.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Commercial
Proposed Use of Property: Commercial
STAFF REPORT
A. Public Works Issues.-
No
ssues:
No Comments.
B.. Staff Analysis:
The C-4 zoned property at 6 Bass Pro Drive is occupied by a one (1) story
commercial building which was recently constructed. The property is located on the
south side of Bass Pro Drive, across from the Bass Pro Shops development. The
building contains space for three (3) tenants. Paved parking is located along all
sides of the building. Two (2) access drives from Bass Pro Drive serve the property.
David's Burgers occupies the westernmost space within the overall commercial
building. As part of their signage plan, wall signs are proposed on the east and north
facades of an architectural tower feature at the northwest corner of the building. The
business will also have signage on a multi -tenant ground sign at the northeast corner
of the site. Wall signage is also allowed on the rear (south) wall of the building. The
proposed wall sign on the east wall of the tower feature will consist of an oval David's
Burgers logo, with approximately 37.8 square feet of sign area. The applicant is
proposing the wall sign on the east fagade to have visibility from Interstate 30.
Section 36-557(a) of the City's Zoning Ordinance requires that all wall signs face
required street frontage. Therefore, the applicant is requesting a variance from
SEPTEMBER 26, 2016
ITEM NO.: 1 (CON'T.)
this ordinance standard to allow the wall sign on the east building fagade (tower
feature) with no direct street frontage.
Staff does not support the variance to allow a wall sign on the east fagade of the
tower feature with no street frontage. Staff feels that the signage which is allowed
for this business is adequate in identifying the business location to vehicles in this
general area. Wall signage will be located on the north and south facades of the
building. Additionally, space on the multi -tenant ground sign will be utilized. Staff
believes that the signage which is allowed will be visible from all of the surrounding
streets in this area, as well as Interstate 30. Staff believes the proposed wall sign
on the east fagade of the tower feature is not needed.
C. Staff Recommendation:
Staff recommends denial of the requested variance to allow a wall sign without direct
street frontage.
BOARD OF ADJUSTMENT
(September 26, 2016)
The applicant was present. There were no objectors present. Staff presented the
item, noting that the applicant had revised the application. Staff noted that 37
square feet of wall signage which could be allowed on the rear (south) wall of the
building could be transferred to the east wall of the tower to compensate for the
proposed sign. The maximum amount of wall signage on the rear (south) wall will
be 23 square feet. Staff recommended approval of the revised application.
The item was placed on the Consent Agenda and approved as revised by a vote of
4 ayes, 0 nays and 1 absent.
2
Application to the River Market Design Review Committee
Dear Board of Adjustment,
David's Burgers would like to submit our plans for a zoning variance regarding a sign that will be located
on the property at 6 Bass Pro Drive #300, Little Rock, Arkansas 72210.
David's Burgers is requesting permission to put a David's Burgers sign on the South side of our tower. The
sign will be 102in X 6ffin, and will be an interior lit can sign. Our business is located roughly 150 yards from
the interstate. Chick-fil-A will soon be opening right next to the interstate and will be front and center of
the area, obstructing most views of our building. Our building can only be seen in the background of Chick-
fil-a, and there are no identifying signs for David's Burgers on the south side of the building, facing the
interstate. We are requesting the sign to be placed on the tower so that our building can be identified
from the interstate. Our other David's Burgers locations have the same tower, and we have three signs,
one on each side of the tower; the tower is designed with this in mind. We are only requesting that two
signs be allowed on the tower. We have included graphics to show how well the sign fits on the side of
the tower, and that it does not over burden the area.
We thank you for your time and eagerly anticipate our meeting.
Thank you,
Summer Goldman,
David's Burgers
Legal Counsel
SEPTEMBER 26, 2016
ITEM NO.: 2
File No.: Z -9027-B
Owner: Rush F. and Rachel Harding
Applicant: David Munsey
Address: 5800 Hawthorne Road
Description: Northwest corner of Hawthorne Road and N. Pierce Street
Zoned: R-2
Variance Requested: A variance is requested from the fence provisions of Section
36-516 to allow a fence which exceeds the maximum height
allowed.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
1. Sight distance has been determined by Traffic Engineering to be adequate.
B. Staff Analysis:
The R-2 zoned property at 5800 Hawthorne Road is occupied by a two-story frame
single family residence. The property is located at the northwest corner of
Hawthorne Road and N. Pierce Street. "V" Street runs along the rear (north) property
line. There is a two -car wide driveway from N. Pierce Street which serves a garage
at the northeast corner of the residence. A pool is located on the east side of the
residence. Previous setback variances were approved by the Board of Adjustment
for the house and pool.
The applicant recently began construction of a wood fence along the west side
property line and rear (north) property line, as noted on the attached site plan. The
section of fencing along the east side property line has a height of eight (8) feet. The
fence along the rear property line has a height of six (6) feet. The fence is located
a few feet into the "V" Street right-of-way, and aligns with other fences along "V"
Street to the west. A small section of six (6) foot high fence will run from the
northeast corner of the property to the northeast corner of the house. The Public
Works Traffic Engineering Division has approved the fence height (for sight
distance), noting that the fence along the rear property line must be angled in slightly
running west to east. The applicant is proposing to comply with this approval.
SEPTEMBER 26, 2016
ITEM NO.: 2 (CON'T.)
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 building setback lines and street
rights-of-way. Six (6) foot high fences are allowed elsewhere on the property.
Therefore, the applicant is requesting a variance to allow the eight (8) foot high
fencing along the west side property line and the six (6) foot high fencing along the
rear (north) and east side property lines.
Staff is supportive of the requested fence height variance. Staff views the request
as reasonable. The fence will be located no closer to "V" Street than other fences
to the west. "V" Street essentially functions as an alley. The homes along the south
side of "V" Street back-up to the right-of-way, with the homes to the north having a
side yard relation to the street. There is a long history of six (6) foot high fencing
being located along the rear property lines of the residences backing up to the "V"
Street right-of-way. Staff believes the fence as proposed, conforming to the Traffic
Engineering approval, will have no adverse impact on the adjacent properties or the
neighborhood.
C. Staff Recommendation:
Staff recommends approval of the fence height variance, subject to the following
conditions:
1. Compliance with the Public Works Traffic Engineering approval.
2. A franchise permit must be obtained for that portion of the fence located in
the "V" Street right-of-way.
BOARD OF ADJUSTMENT (September 26, 2016)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by the vote of 4 ayes, 0 noes and 1 absent.
2
8/4/16
- 2-7-5
t
To whom it may concern,
The purpose of this letter is to request a variance for fence construction at 5800 Hawthorne Rd in Little
Rock.
We are requesting the fence be allowed to be installed as shown on the provided drawing. This would
connect the corner post to the neighbors fence and run it at an angle to the location of the telephone pole as ap-
proved and requested by Little Rock Traffic Engineering for sight distance. The fence will be a 6ft tall privacy
fence that would sit between the already approved i 6ft set back line and the curb.
The other item notated on the drawing that we are seeking a variance for is the fence between the prop-
erty and the neighbors to the west to be 8ft tall. This is at the request of the neighbor for additional privacy and
separation as we want to be good neighbors.
Several reasons that the variance is being request but probably the most important is to be able to stay as far
away from the large focal trees root structure as possible. Other reasons are to have enough surface area within
the back yard for the drainage system to properly function and reduce any additional runoff.
Thank you for your consideration in this matter.
David Munsey
Better Lawns and Gardens
(501) 454-9802
www.BetterLawnsAR.com
davidgbetterlawnsar.com.
SEPTEMBER 26, 2016
ITEM NO.: 3
File No.: Z-9164
Owner: Robert and Marilynn Porter
Applicant: James Burt Taggart Jr.
Address: 2122 N. Palm Street
Description: West side of N. Palm Street, between Country Club Blvd. and
Stonewall Road
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section
36-156 to allow construction of a detached structure with
increased rear yard coverage and decreased separation
from the principal structure.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The R-2 zoned property at 2122 N. Palm Street is occupied by a one-story brick and
frame single family residence. A paved alley is located along the rear (west) property
line. A detached, two -car wide carport is located near the northwest corner of the
property. A two -car wide driveway from the alley serves as access to the carport.
The applicant proposes to remove the existing detached carport structure and
construct a new detached carport with storage area, as noted on the attached site
plan. The proposed carport will be located near the southwest corner of the lot, with
continued access from the alley. The proposed carport will be 20 feet by 24 feet in
area, with a small amount of enclosed storage at the southwest corner of the
structure. The driveway will be located at an angle to the alley in order to provide
easier access to the covered parking for the property owner who is physically
challenged. The proposed carport will be located 5.8 feet back from the south side
SEPTEMBER 26, 2016
ITEM NO.: 3 (CON'T.)
property line and one (1) foot from the rear (west) property line. The carport will be
separated from the house (with new addition) by four (4) feet and will occupy
approximately 37 percent of the required rear yard area (rear 25 feet of the lot.).
Section 36-156(a)(2)b. of the City's Zoning Ordinance requires that accessory
structures be separated from principal structures by at least six (6) feet. Section36-
156(a)(2)c. requires that accessory structures cover a maximum of 30 percent of the
required rear yard area (rear 25 feet of the lot). Therefore, the applicant is requesting
variances from these ordinance requirements to allow the proposed accessory
carport structure with a reduced separation of four (4) feet and a rear yard coverage
of 37 percent.
Staff is supportive of the requested variances. Staff views the request as
reasonable. The proposed accessory carport structure will not be out of character
with other accessory structures to the south along the alley right-of-way. There are
other accessory structures and principal structure additions within this block which
have similar expanded rear yard coverages. Staff believes the proposed accessory
carport structure will have no adverse impact on the adjacent properties or the
general area.
C. Staff Recommendation:
Staff recommends approval of the requested coverage and separation variances,
subject to the proposed carport structure remaining unenclosed, except for the small
storage area.
BOARD OF ADJUSTMENT
(September 26, 2016)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by the vote of 4 ayes, 0 noes and 1 absent.
2
501.225.4976 burt@taggartdesigngroup.com 20 Patricia Lane Little Rock, Arkansas 72205
August 29, 2016
City Of Little Rock
c/o Monte Moore
Re: 2122 North Palm Street
Monte.
This application is forthe construction of a car port with storage area as perthe attached
proposed site plan. We are removing an existing carport and locating the new elementto
the south. This removes an existing conflict with a neighbor whose garage faces the alley
and is opposite the existing carport
The new proposed carport location also allows us to configure itto accommodate a
diagonal oriented parking space which assists Mr. Porter, who is physically challenged.
We respectfully request that a roofed connection be allowed; however, a detached carport
element would be appreciated.
The detached carport data is:
Detached Existing: 364'
Detached Allowed: 375'(@ 30% of rear yard)
Request: 485' (with a connecting link; 467' as a detached element)
Regards,
l
Iv
James Burt Taggart Jr.
SEPTEMBER 26, 2016
ITEM NO.: 4
File No.: Z-9168
Owner: Crain Investments, LP
Applicant: Keith Harper
Address: 9801 Interstate 30
Description: South portion of 9801 1-30, along the north side of Distribution
Drive
Zoned: 1-2
Variance Requested: A variance is requested from the paving provisions of
Section 36-508 to allow development of a temporary gravel
parking area.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Undeveloped
Proposed Use of Property: Temporary gravel parking area
STAFF REPORT
A. Public Works Issues:
1. At the time permanent hard surface parking is installed; sidewalks with
appropriate handicap ramps are required to be constructed adjacent to
Distribution Drive in accordance with Sec. 31-175 of the Little Rock Code and
the Master Street Plan.
2. If access is proposed from Distribution Drive, all driveways shall be concrete
aprons per City Ordinance. Show the driveway location.
3. A grading permit in accordance with Section 29-186(c ) & (d) will be required
prior to any land clearing or grading activities at the site. Other than residential
subdivisions, site grading and drainage plans must be submitted and approved
prior to the start of construction.
4. Show the extent of clearing and grading activities.
B. Landscape and Buffer Issues:
1. Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
2. All buffers must be maintained and protected from construction activity.
3. Street buffers will be required at six (6) percent of the average depth of the lot.
The minimum dimension shall be one-half (1/2) the full width requirement but in
no case less than nine (9) feet. The maximum dimension required shall be fifty
(50) feet.
SEPTEMBER 26, 2016
ITEM NO.: 4 (CON'T.)
4. Screening requirements will need to be met for the vehicular use areas adjacent
to street right-of-ways. Provide screening shrubs with an average linear spacing
of not less than three (3) feet within the required landscape area. Provide trees
with an average linear spacing of not less than thirty (30) feet.
5. Upon the placement of permanent hard surfacing all parking areas must be
designed and constructed to meet the requirements of the Little Rock City Code
of Ordinances, Chapter 36, Zoning and Chapter 15, Landscape.
6. The City Beautiful Commission recommends preserving as many existing trees
as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
C. Staff Analysis:
The 1-2 zoned property at 9801 Interstate 30 is occupied by a Camper/RV sales
business. The overall property backs up to Distribution Drive. The north half of the
property is occupied by the Camper/RV sales business. Two (2) buildings serve the
operation. The buildings are located at the southeast and southwest corners of the
north half of the property. The remainder of the property is utilized for Camper/RV
display and customer/employee parking. All access is from the 1-30 service road.
Driveways are located at the northeast and northwest corners of the property. The
south half of the overall property is undeveloped and mostly tree covered.
The applicant proposes to clear the majority of the undeveloped portion of the
property and utilize it for a temporary gravel parking lot for campers and RV's, as
noted on the attached site plan. The center portion of the property will be cleared,
with an 18 foot undisturbed buffer being left along the perimeter of the overall south
portion of the property. The applicant proposes to use the gravel parking area on a
temporary basis, with future paving and landscaping of the area.
Section 36-508 of the City's Zoning Ordinance requires that any portion of a property
utilized for a vehicular use area shall be paved where subject to wheeled traffic.
Therefore, the applicant is requesting a variance from this ordinance requirement to
allow temporary use of the gravel parking area.
Staff is supportive of the paving deferral request. Staff views the request as
reasonable. Other similar requests have been granted along 1-30 in the past (Cal -
Ark Trucking, for example). The applicant is proposing to maintain an 18 foot
undisturbed buffer along the perimeter of the property, as well as having access to
the gravel parking area from the north, through the existing camper/RV sales lot.
The property is located within an area of industrial and heavy commercial zoning.
Staff believes that a 24 -month deferral of paving for the proposed lot will have no
adverse impact on the adjacent properties or the general area.
2
SEPTEMBER 26, 2016
ITEM NO.: 4 (CON'T.)
D. Staff Recommendation:
Staff recommends approval of the requested deferral of paving variance, subject to
the following conditions:
1. The gravel parking area may be used for a maximum of 24 months.
2. The 18 foot undisturbed perimeter buffer must be maintained.
3. Construction fencing must be installed to protect the undisturbed perimeter buffer
prior to any clearing of the site.
4. The gravel parking area must be hard -packed in a manner that does not result
in the creation of dust, mud, stilt or standing water.
5. Access to the gravel parking area is to only be through the north portion of the
property from 1-30. There is to be no direct access from Distribution Drive.
BOARD OF ADJUSTMENT (September 26, 2016)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by the vote of 4 ayes, 0 noes and 1 absent.
-�ARCO
constructors
P.O. Box 13267 Maumelle, Arkansas 72113
Phone(501)791-0055 Fax 791-0237
29 August 2016
Little Rock Board of Adjustment
Planning and Development Department
723 West Markham St.
Little Rock, AR 72201
RE: Zoning Variance Request — Crain RV Inventory Storage Lot
On behalf of Crain Investments LP 5980 Wadley Rd Sherwood, AR 72120, a temporary variance
request is being requested for Crain RV Supercenter 98011-30 Little Rock, AR 72209. The
property owner is requesting temporary variance of Section 36-508 — Pavement Requirements.
Parcels 4 & 5 of the Baseline/I-30 Commercial Park are currently undeveloped (heavily wooded)
and are located between Crain RV and Distribution Dr. and can be further described as follows:
Tract 3: Size 2.7097 Acres, Address: 8560 Distribution Dr.
Tract 4: Size 2.7076 Acres, Address: 8540 Distribution Dr.
It is the property owner's desire to clear, grade, and construct a gravel parking lot for recreational
vehicle inventory storage on the aforementioned lots. The parking lot would be continuously
fenced and include an 18' landscape buffer zone at property lines. The request is for a temporary
suspension of Section 36-508 for the maximum allowable time granted. Final site development
of pavement would be accomplished at this later date.
A property survey of Baseline/I-30 Commercial Park, which includes Tracts 3 & 4, is enclosed
as well as a site plan indicating the proposed gravel lot and landscape buffer. We ask the Little
Rock Board of Adjustment for a favorable review and approval for this variance deferral.
Should you have any questions regarding this submission, please contact Keith Harper at 501-
804-7209.
Cordially,
Keith Harper, Harco Constructors
Vice President & General Superintendent
CONSTRUCTION MANAGERS / GENERAL CONTRACTORS
SEPTEMBER 26, 2016
ITEM NO.: 5
File No.: Z-9169
Owner/Applicant: James Perkins
Address: 10123 Independence Lane
Description: East side of Independence Lane, south of Drexel Avenue
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section
36-254 and the building line provisions of Section 31-12 to
allow a carport addition with a reduced front setback and
which crosses a front platted building line.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: single Family Residential
STAFF REPORT
A. Public Works Issues:
The 2nd vehicle stacked behind the carport will extend into the public right-of-way.
The smallest building setback is 20 ft. from the property line.
B. Staff Analysis:
The R-2 zoned property at 10123 Independence Lane is occupied by a two-story
brick and frame single family residence. The property is located on the east side of
Independence Lane, south of Drexel Avenue. A two -car wide driveway from
Independence Lane is located at the northwest corner of the lot. A two -car wide
garage which originally existed at the northwest corner of the residence was
enclosed for additional living space some time in the past. The lot contains a 25 foot
front platted building line.
The applicant recently constructed a metal carport addition to the front of the
residence, as noted on the attached site plan. The carport addition is 17.5 feet by
18 feet in size. It is located approximately seven (7) feet back from the front (west)
property line, crossing the 25 foot front platted building line by approximately 18 feet.
The proposed carport addition is located approximately 15 feet back from the north
side property line. The carport addition is unenclosed on its west (front) side and
partially unenclosed on its north and south sides.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet. Section 31-12(c ) of the Subdivision Ordinance requires that
building line encroachments be reviewed and approved by the Board of Adjustment.
SEPTEMBER 26, 2016
ITEM NO.: 5 (CON'T.)
Therefore, the applicant is requesting variances from these ordinance standards to
allow the building addition with reduced front setback and which crosses a front
platted building line.
Staff does not support the requested front setback and building line variances. Staff
does not view the request as reasonable. Staff believes that the proposed front
encroachment is out of character with the neighborhood. There are no similar
encroachments north or south of the property along Independence Lane. Staff also
knows of no similar front encroachments along Republic Lane to the west. Staff
believes that the proposed carport addition with reduced front setback and building
line encroachment has a negative visual impact on the adjacent properties and the
overall neighborhood.
If the Board approves the building line variance, the applicant will have to complete
a one -lot replat reflecting the change in the platted front building line for the addition.
The applicant should review the filing procedure with the Circuit Clerk's office to
determine if the replat requires a revised Bill of Assurance.
C. Staff Recommendation:
Staff recommends denial of the requested front setback and building line
variances.
BOARD OF ADJUSTMENT (September 26, 2016)
James Perkins was present representing the application. There were no objectors
present. Staff presented the application with a recommendation of denial.
James Perkins addressed the Board in support of the application. He explained that the
carport was needed to protect his vehicle from the elements. He noted that the original
garage was enclosed due to his large family. He noted that there were similar carports
on Drexel Avenue. He explained that the carport was not out of character with the
neighborhood.
Carolyn Lindsey -Polk asked if the carport could be placed in the side yard area. Mr.
Perkins noted that there was not enough space. Chairman Yates asked if it could be
locate in the rear yard area. Mr. Perkins stated that it could not because of existing trees.
Mr. Perkins presented photos to the Board.
There was a motion to approve the application as filed. The motion failed by a vote of 0
ayes, 4 nays and 1 absent. The application was denied. There was a second motion to
allow Mr. Perkins 30 days to remove the carport structure. The motion passed by a vote
of 4 ayes, 0 nays and 1 absent.
2
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SEPTEMBER 26, 2016
ITEM NO.: 6
File No.: Z-9170
Owner: Adam and Amanda Day
Applicant: Adam Day
Address: 1201 S. Spring Street
Description: Southeast corner of S. Spring Street and W. 12th Street
Zoned: UU
Variance Requested: A variance is requested from the use provisions of Section
36-342.1 to allow a outdoor recreation/use area.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Commercial Building
Proposed Use of Property: Beer Garden and Dog Park
STAFF REPORT
U
Public Works Issues:
1. Repair or replace any curb and gutter or sidewalk that is damaged in the public
right-of-way prior to occupancy.
2. Due to the location of the building, a 10 foot radial dedication of right-of-way is
required at the intersection of W. 12th St. and Spring St.
3. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for
the private improvements such as the fence along Spring St. located in the
right-of-way.
Landscape and Buffer Issues:
1. Site plan must comply with the Little Rock Zoning Ordinance, sec. 36-342.1. UU
Urban Use District and the City's minimal landscape and buffer ordinance
requirements.
2. If building rehabilitation exceeds fifty percent (50%) of the replacement cost
then the landscaping and buffer must also come into compliance accordingly.
3. In accordance with the UU zoning district street trees may be required if the
project exceeds the fifty percent (50%) replacement costs. The trees shall be a
minimum of three-inch caliper, located a minimum of two (2) feet off the back of
a curb, placed thirty (30) feet on center and no closer than thirty (30) feet to a
street intersection. A water source shall also be provided. The tree canopy
shall be maintained at least eight (8) feet above the sidewalk.
SEPTEMBER 26, 2016
ITEM NO.: 6 (CON'T.)
4. The City Beautiful Commission recommends preserving as many existing trees
as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
C. Staff Analysis:
The UU zoned property at 1201 S. Spring Street is occupied by a two-story masonry
building. The property is located at the southeast corner of S. Spring Street and W.
12th Street. The commercial building is located within the north half of the property.
The south portion of the property is a grass -covered yard space.
The applicant proposes to utilize the existing commercial building as a beer
garden/bar. As part of the property's renovation, the applicant proposes to use the
south portion of the property for an outdoor patio area and dog recreation area, as
noted on the attached site plan. A wood patio area will be located at the southeast
corner of the building, with a pergola structure located along the rear (east) property
line. The remaining yard space will be used as a dog recreation area. The applicant
notes that the building's renovation would allow for a free flow of travel for both
people and dogs between the interior and exterior spaces. Tentative hours of
operation will be from 10:00 A.M. to 11:00 P.M., Tuesday through Sunday.
Section 36-342.1(d)(1) of the City's Zoning Ordinance requires that all uses be inside
or enclosed, except for outdoor seating areas, roof -top recreation areas, recreation
areas for hotels and residences, and mobile canteen units. Therefore, the applicant
is requesting a variance to allow the outdoor dog recreation area.
Staff does not support the requested variance to allow the outdoor dog recreation
use. Staff has concerns regarding the level of noise which could be generated by
the outdoor uses, especially during evening hours. Although the property is not
located in a residential area, there are residences a half block to the south/southeast.
Other residences are located in close proximity, across W. 13th Street to the south.
Staff believes that the level of noise which could potentially be generated by the
proposed outdoor use will have an adverse impact on the nearby residential
properties, as the proposed use will operate well into the evening hours six (6) nights
per week.
D. Staff Recommendation:
Staff recommends denial of the requested variance to allow an outdoor use in the
UU zoning district.
SEPTEMBER 26, 2016
ITEM NO.: 6 (CON'T.)
BOARD OF ADJUSTMENT
(September 26, 2016)
Adam Day and others were present, representing the application. There were no
objectors present. Staff presented the application with a recommendation of denial.
Adam Day addressed the Board in support of the application. He noted that the type of
use he proposed existed in other areas of the country. He explained that the use would
be a good fit for the area. He discussed the surrounding uses. He noted that he had
talked to the residential neighbors in the area and that none had an issue with the
proposed use. He presented petitions of support to the Board. He noted that the hours
of operation would be 10:00 A.M. to 10:00 P.M., Tuesday through Sunday.
Carolyn Llindsey-Polk asked how tall the wall was along the east property line. Mr. Day
noted five (5) to six (6) feet tall.
Elizabeth Michael also addressed the Board in support. She explained that electronic
bark deterrent would be used in the outdoor dog park area, which would help in
lessening the noise generated by the use. She also noted that additional landscaping
would be provided in the yard area.
William Wooten and Page Wilson spoke in support of the application. They both
explained that the use would be a good fit for the area.
The hours of operation of City parks was briefly discussed. Chairman Yates asked
about the City's noise ordinance. Debra Weldon, City Attorney, noted that the
ordinance was enforced by the police department.
Issues relating to operation of the use, including dog waste issues, was briefly
discussed.
Staff noted the amendment made to the application; hours of operation, dog bark
deterrent and additional landscaping. Mr. Day noted that the additional landscaping
would be along the east property line (east wall and pergola area).
There was a motion to approve the application with the following amendments:
1. Hours of operation — 10:00 A.M. to 10:00 P.M. Tuesday— Sunday
2. Electronic dog bark deterrent will be utilized in the outdoor dog park area.
3. Landscaping will be installed along the east property line (east wall and
pergola area).
The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The amended application
was approved.
A M
F` _ .
Mr. Monte Moore
R
IN
Department of Planning & Development
723 W. Markham
Little Rock, AR 72201
RE: Board of Adjustment - Bark Bar
Dear Monte,
August 30, 2016
Enclosed you will find an application for an outdoor use variance to accommodate a new
community focused concept in the SoMa District. Over the last couple of months we have
been working through design concepts along with appropriate locations and are excited
about the opportunity to bring the Bark Bar concept to Downtown Little Rock.
The Bark Bar concept is the intersection of human and canine socialization in that it
combines a dog park with a beer garden. After looking at various sites, we feel 1201 S.
Spring St (old Dreamweavers outlet store building) is the perfect location for such a
concept due to the fact it is surrounded by industrial warehouses, while being within
walking distance to the dog loving Governor's Mansion district.
While the concept could exist entirely within the building's interior, this location has the
perfect exterior space for people and their dogs to socialize. The buildings renovation
would allow for a free flow of travel for both people and dogs between the interior and
exterior. This concept has many successful examples in other metropolitan cities like
Austin, Portland, and Nashville and we believe it will be a great new amenity to SoMa.
We appreciate your consideration of our request & will be glad to answer any questions
you might have.
1: C River Marker Ave. Ste. 3t,' i ;tfi;e Rcck, a.? 7_201
501.375.0378 T 30!.37;.560' F
BOARD OF ADJUSTMENT VOTE RECORD
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YATES, JEFF iN at ?'dL
AYE 'V NAYS _ABSENT kSS ABSTAIN Meeting Adjourned 16d' P.M.
SEPTEMBER 26, 2016
There being no further business before the Board, the meeting was adjourned at 2:50
P.m.
Date: