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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 F'r Vv� : 2- e- tv Jv e- S' 57 g .rte AA 0r - Co J a -A- I I drv, LV, e-e7f / t 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 DATE: Jy� _ ,� o ZD l �0 c_c,N >L?J r J Z�v,�-a,e- MEMBER ALLISON, FRANK ✓ / ✓ ✓ ® z✓ ,' LINDSEY POLK, CAROLYN ,� i ,� :✓ ✓ ® ✓ ✓ SMITH, CHRISTOPHER ✓ ,/ ✓ ✓ ✓ V TUCKER, ROBERT - YATES, JEFF v ® ✓ t. m�( TIME IN AND TIME OUT ALLISON, FRANK LINDSEY POLK, CAROLYN Ar SMITH, CHRISTOPHER zv" TUCKER, ROBERT 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: