boa_02 27 2017LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
FEBRUARY 27, 2017
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 January 30, 2017 meeting were
approved.
Members Present: Frank Allison
Carolyn Lindsey Polk
Jeff Yates, Chairman
Christopher Smith
Robert Tucker, Vice Chairman
Members Absent: None
City Attorney Present: Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
I. OLD BUSINESS:
A. Z-9191
B. Z -7945-B
II. NEW BUSINESS:
AGENDA
FEBRUARY 27, 2017
2:00 P.M.
6 Valley Forge Drive
4910 Kavanaugh Blvd.
1. Z -669-C 322 E. 4t" Street
2. Z -5508-A 18500 Cooper Orbit Road
3. Z-7501 -C 400 Shall Street
4. Z -8933-A 10400 Interstate 30
5. Z-9196 Appeal (4910 Kavanaugh Blvd.)
6. Z-9197 6100 Scott Hamilton Drive
FEBRUARY 27, 2017
ITEM NO.: A
File No.: Z-9191
Owner/Applicant: Kevin W. Hunt
Address: 6 Valley Forge Drive
Description: Lot 134, Pebble Beach Park Addition
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 an unenclosed porch 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
U
Public Works Issues:
No Comments.
Staff Analysis:
The R-2 zoned property at 6 Valley Forge Drive is occupied by a two-story brick and
frame single family residence. The property is located on the north side of Valley
Forge Drive, east of Valley Park Drive. A two -car wide driveway from Valley Forge
Drive is located at the southeast corner of the lot. The driveway serves a two -car
garage at the east end of the residence. The lot contains a 25 foot platted front
building line.
The applicant proposes to construct a 10 foot by 38 foot porch on the front of the
residence, as noted on the attached site plan. The proposed porch addition will be
unenclosed on its east, west and south sides. The proposed porch will be located
15.6 feet back from the front (south) property line, and maintain the same 9.6 foot
side (west) setback as the existing house. The proposed porch will cross the 25 foot
front platted building line by 9.4 feet. The existing house currently has no front porch,
only a small uncovered concrete stoop. The applicant notes that the new front porch
is needed to provide easier access to the residence based on medical issues.
FEBRUARY 27, 2017
ITEM NO.: A (CON'T.) Z-9191
Section 36-254(4)(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.
Therefore, the applicant is requesting variances from these ordinance standards to
allow the porch addition with reduced front setback and which crosses a front platted
building line.
Staff is not supportive of the requested front setback and building line variances.
Staff feels that support cannot be given based on the existing front setbacks for the
other residences to the east and west, along this side of Valley Forge Drive. Staff
believes that the proposed encroachment for the new porch will be too much out of
character with this immediate area, and could provide an adverse visual impact on
the adjacent properties.
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
(January 30, 2017)
Staff informed the Board that the application needed to be deferred to the February 27,
2017 agenda, based on the fact that the applicant failed to complete the notifications to
surrounding property owners.
A motion was made to defer the application to the February 27, 2017 agenda. The vote
was 4 ayes, 0 nays and 1 absent. The application was deferred.
BOARD OF ADJUSTMENT (February 27, 2017)
Kevin Hunt was present, representing the application. There were no objectors present.
Staff presented the application with a recommendation of denial.
Kevin Hunt addressed the Board in support of the application. He noted that the house
had no covered porch and there had been past problems with rain and sun with respect
to the front door area. He explained that the back yard sloped downward and that the
proposed porch would provide an outdoor use space. He further described the proposed
porch addition.
2
FEBRUARY 27, 2017
ITEM NO.: A (CON'T.) Z-9191
Carolyn Lindsey -Polk noted that she was not opposed to the porch addition, but asked if
the porch could be narrowed to 8.5 to nine (9) feet. The issue of porch width was
further discussed.
Frank Allison asked if the porch addition would make access to the house better. Mr.
Hunt explained that it would.
Chairman Yates asked about a neighborhood association and bill of assurance. Mr.
Hunt noted that there was no neighborhood association and he was not familiar with the
bill of assurance. Mr. Hunt explained that he had talked to all of the immediate
neighbors about the porch addition.
There was a brief discussion regarding the required replat. There was also brief
discussion regarding the porch width.
There was a motion to approve the front setback and building line variances, subject to
completion of a replat. The motion passed by a vote of 5 ayes, 0 nays and 0 absent.
The application was approved.
12/12/2016 (8674 unread) - huntjjr@att.net - att.net Mail
[No Subject]
Today at 9:42 AM
:..... Today at 9:42 AM
To
Department of Planning and Development
723 W Markham St.
Little Rock, AR
To all concerned
I would like to detail my proposal and justification for
requesting a variance of the Zoning Ordinance.
I would like to put a covered porch in front of the house for
safety and convenience. Smaller steps, railings, and a
covering for the steps and door would improve easier access
to my front door. After two spinal surgeries, and both knees
replaced, it is difficult to use the front entrance without
someones help. I look forward being able to go outside to
relax on a level surface. An easement variance of ten feet out
from the house, and a ten foot roof covering would make this
possible.
I appreciate your consideration to make this possible.
Kevin W Hunt
FEBRUARY 27, 2017
ITEM NO.: B
File No.: Z -7945-B
Owner: Lyto, Inc.
Applicant: Tami C. Threet
Address: 4910 Kavanaugh Blvd.
Description: East side of Kavanaugh Blvd., North of Cantrell Road
Zoned: C-3
Variance Requested: A variance is requested from the parking provisions of
Section 36-502 to allow an outdoor dining area for a
restaurant with a reduced number of parking spaces.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Commercial
Proposed Use of Property: Commercial and Restaurant
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The C-3 zoned property at 4910 Kavanaugh Blvd. is occupied by two (2) one-story
commercial buildings. There is paved parking between the two (2) buildings as well
as along the north, east and west sides of the northernmost building. There is a total
of 41 parking spaces on the site. There are two (2) paved driveways from
Kavanaugh Blvd., which serve as access.
On May 23, 2016 the Board of Adjustment approved a parking variance to allow
3,750 square feet of the southernmost building as a restaurant use. The restaurant
is to be open from 4:30 P.M. to 12:30 A.M., seven (7) days a week. Most of the
other uses within these two buildings will not be open during these times. With the
addition of the restaurant use, Section 36-502(b)(3)c. of the City's Zoning Ordinance
requires a minimum of 57 parking spaces for the two (2) buildings combined. There
is a total of 10,000 square feet for the two (2) buildings.
The parking variance was approved with the following conditions:
1. A maximum of 3,750 square feet of the two (2) existing buildings may be
utilized as a restaurant use.
FEBRUARY 27, 2017
ITEM NO.: B (CON'T.) Z -7945-B
2. The hours of operation for the restaurant use are limited to the evening hours
after 4:30 P.M.
The applicant is requesting to amend the previously approved application by adding
a 12 foot by 34 foot (408 square feet) outdoor dining area at the southwest corner of
the southernmost building, along Kavanaugh Blvd. The outdoor dining area will add
24 additional seats to the restaurant use. The outdoor dining area will be set back
3.7 feet from the front (west) property line. The outdoor dining area will be enclosed
with a short fence. The addition of the outdoor dining area brings the off-street
parking requirement to 41 spaces for the restaurant use and 61 spaces for the
overall site (restaurant and other uses).
Staff continues to be supportive of the requested amended parking variance. Staff
feels the variance request is reasonable, given the fact that 41 parking spaces
currently exist on the site. The restaurant use alone requires 41 parking spaces. If
the other uses on the property are closed a majority of the time when the restaurant
is in operation, parking will not be an issue. Staff believes a slight overlap in the
hours of operation will also create no parking issues. There is also some additional
on -street parking to the north along Kavanaugh Blvd., and Van Buren Street. Staff
believes the use of a portion of the southernmost building as a restaurant with
outdoor dining with the existing parking arrangement will have no adverse impact on
the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested amended parking variance, subject to
the following conditions:
1. A maximum of 3,750 square feet of the two (2) existing buildings may be
utilized as a restaurant use (with 408 square feet of outdoor dining space).
2. The hours of operation for the restaurant use are limited to the evening hours
after 4:30 P.M.
BOARD OF ADJUSTMENT
(December 12, 2016)
Staff informed the Board that the application needed to be deferred to the February
27, 2017 agenda to allow the objectors an opportunity to pursue an
appeal/interpretation of Section 36-298(8)e. of the City's Zoning Ordinance. Staff
noted that this issue as raised by the objectors needed to be resolved prior to the
parking variance being addressed.
The item was placed on the consent agenda and deferred to the February 27, 2017
agenda by the vote of 4 ayes, 0 noes and 1 absent.
2
FEBRUARY 27, 2017
ITEM NO.: B (CON'T.) Z -7945-B
BOARD OF ADJUSTMENT
(February 27, 2017)
Staff informed the Board that the application submitted a letter on February 23, 2017
requesting the application be deferred to the March 27, 2017 agenda. Staff supported
the deferral request. The item was placed on the Consent Agenda and deferred by a
vote of 5 ayes, 0 noes and 0 absent.
3
LAX •VAUGHAN
LAX, VAUGHAN, FomoN, ROWE & THREET, P.A.
ATTORNEYS AND COUNSELORS
CANTRELL WEST BUILDING
11300 CANTRELL ROAD, SUITE 201
LITTLE ROCK, ARKANSAS 72212
TANu C. THREET TELEPHONE (501) 376-6565
tthreetalaxvaughan.com FACSIMILE (501)376-6666
October 27, 2016
Via Hand -Delivery
Mr. Monte Moore
Department of Planning and Development
723 W. Markham St.
Little Rock, AR 72201
Re: 4910 Kavanaugh Blvd. (the "Property")
Dear Mr. Moore:
/ 9-5
Direct Line
(501)907-5447
Our firm represents the Pizzeria, the tenant of the above -referenced Property. On May
25, 2016, the Pizzeria was granted a conditional parking variance for the Property. The Pizzeria
would like to amend its original application to include an outdoor seating area of 24 additional
seats for the restaurant. In that regard, enclosed please find the following documents requesting
an amended zoning variance for the above -referenced Property:
Amended Application For Zoning Variance;
2. Copy of the Department of Planning and Development's approval of
the Property's application dated May 25, 2016;
3. Six (6) copies of a current survey and site plan showing proposed and
existing improvements for the Property;
4. Check in the amount of $205.00 for the filing of this application; and
5. Affidavit authorizing me to sign the application on behalf of Thomas
Samuel of Lyto, Inc., the owner of the Property.
Also enclosed is a draft Notice of Public Hearing which we respectfully ask that you
review for accuracy before we circulate to the neighboring property owners. It is our
understanding that we can use the prior list of property owners within 200 feet of the Property
supplied by Beach Abstract & Guaranty Company, as it is dated April 28, 2016.
Consistent with our original application, we are requesting the zoning variance for a
3,750 square foot portion of the southernmost part of the building, containing approximately
4,100 square feet, more or less, for evening restaurant use only. The restaurant will be in
Mr. Monte Moore
October 27, 2016
Page 2
operation seven (7) days a week from 4:30 p.m. to 12:30 a.m. Based on our understanding, the
Property currently has 41 parking spaces and two (2) paved driveways which serve as access to
the Property. If you have any questions or need further information, please do not hesitate to
contact my paralegal, Megan, or me at the number above. We sincerely appreciate your
assistance in this matter.
Sincerely,
Tami C. Threet
TCT/mh
Enclosures
cc: Ms. Jacquelyn C. Pittman (via email)
Mr. Thomas Samuel (via email)
FEBRUARY 27, 2017
ITEM NO.: 1
File No.: Z -669-C
Owner: Pinnacle Hotel Group
Applicant: Ross Patel
Address: 322 E. 4th Street
Description: Northwest corner of E. 41h and Rock Streets
Zoned: UU
Variance Requested: A variance is requested from the sign provisions of Section
36-342.1 to allow a projecting sign with increased sign area.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Hotel -Under Construction
Proposed Use of Property: Hotel
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The UU zoned property at 322 E. 4th Street is occupied by a multi -story hotel
building which is under construction. The property is located at the northwest corner
of E. 4th and Rock Streets. A paved alley is located along the west property line.
Paved parking will be located on the west side of the alley.
On May 8, 2015 the Board of Adjustment approved variances from the UU
development standards for the hotel construction. The Board of Adjustment
approved a height variance (77.75 feet) for a portion of the structure and a variance
for reduced window display for a portion of the first floor fagade along Rock Street.
As part of the hotel project, the applicant proposes to install a projecting sign on the
south fagade of the building, at the southwest corner of the overall structure. The
sign will be approximately 53 square feet in area, 3.67 feet by 13.25 feet. The sign
will be located at the third floor level of the structure, approximately 16 to 18 feet
above the sidewalk area. The sign will encroach across the south property line by
approximately one (1) to 1.5 feet.
FEBRUARY 27, 2017
ITEM NO.: 1 (CON'T.) Z -669-C
Section 36-342.1(c)(11) of the City's Zoning Ordinance allows one (1) projecting sign
per occupancy, with a maximum sign area of twelve (12) square feet. Projecting
signs must be located at least nine (9) feet above sidewalks. Therefore, the
applicant is requesting a variance to allow the projecting sign with increased sign
area.
Staff is supportive of the requested sign variance. Staff views the request as
reasonable. The proposed sign area will not be out of character with other projecting
signs in the downtown area, especially those found nearby in the River Market
District. The overall east and south facades of the hotel building will allow a large
amount of wall signage, with ten (10) percent of the overall fagade being allowed for
signage. Because of the design of the hotel structure, with a large number of
windows on these facades, only a minimal amount of the fagade area will be
available for sign placement. Staff feels that a larger projecting sign is a good
compromise for a large amount of wall signage which will not be utilized. Staff
believes the proposed projecting sign with increased area will have no adverse
impact on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested sign variance, subject to the following
conditions:
1. The projecting sign must be located at least nine (9) feet above the sidewalk
area.
2. A franchise permit must be obtained for that portion of the sign which crosses
the south property line.
BOARD OF ADJUSTMENT
(February 27, 2017)
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 5 ayes, 0 noes and 0 absent.
2
Date: January 9, 2017
City of Little Rock
Department of Planning and Development
Board of Adjustments
723 West Markham
Little Rock, Arkansas
To whom it may concern
We are requesting a sign variance of the Little Rock Code of Ordinance on behalf of Pinnacle Hotel
Group. Sign on East Elevation (at 7" floor) has been as good will to the adjactcent neighbors after
concerns about light spilling into the adjacent condos was expressed.
This is for the new construction of the Hilton Garden Inn at 322 East 4th Street.
- The owner would like to increase the signage area, on the south elevation, to 53 square
feet. Currently the allowable signage for a projecting sign is 12 square feet (Sec. 36-
553.a.2.b). We feel that the proposed sign would be in proportion to scale and height of the
building and would not overpower the pedestrian experience.
If there are any questions, please feel free to contact me at your convience. Thank you for your
assistance with this project.
R. Kenji Tillman, R.A.
Project Manager
ffWJ L A
Winiord Lindsay Architect
344 West Pike Street
Lawrenceville, GA 30046
770-963-8989 x5761 770-407-5761 dir
770-407-5817 fax
FEBRUARY 27, 2017
ITEM NO.: 2
File No.: Z -5508-A
Owner: Second Baptist Church - Downtown
Applicant: Megan Pike
Address: 18500 Cooper Orbit Road
Description: West side of Cooper Orbit Road, north of Colonel Glenn Road
Zoned: AF
Variance Requested: A variance is requested from the area provisions of Section
36-338 to allow placement of a temporary building with
reduced front setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Outdoor Center — Summer Day Camp
Proposed Use of Property: Outdoor Center — Summer Day Camp
STAFF REPORT
A. Public Works Issues:
No issues as long as the temporary building is on a temporary foundation. Public
Works would not support a permanent structure at this location.
B. Staff Analysis:
The AF zoned property at 18500 Cooper Orbit Road is occupied by the Lake Nixon
Outdoor Center, a day camp/summer camp/recreational facility. The property
contains a large lake with swimming area. There are several structures on the north
side of the lake, including pavilions, administrative offices, restrooms and
concessions. The property is located on the western side of Cooper Orbit Road,
north of Colonel Glenn Road.
The applicant proposes temporary placement of a 12 foot by 58 foot building on the
site, as noted on the attached site plan. The proposed building will be located west
of the existing buildings and along the Cooper Orbit Road frontage. The building will
be located 10 to 12 feet back from the front (north) property line. The applicant notes
that the building will be rented and placed on the site only during the summer
season, and removed from the property in late summer. The applicant also notes
that the building is needed to fulfill a Department of Human Services requirement.
FEBRUARY 27, 2017
ITEM NO.: 2 (CON'T.) Z -5508-A
Section 36-338(f)(1) of the City's Zoning Ordinance requires a minimum front
setback of 50 feet for non -single family structures in AF zoning. Therefore the
applicant is requesting a variance to allow placement of the temporary building with
reduced front setback.
Staff is supportive of the requested variance. Staff views the request as reasonable.
The building will be located on the site for the summer months only. The applicant
notes that plans for a permanent building are being considered for the 2018 season.
The applicant also notes that the temporary building is being placed at the proposed
location in order to eliminate an excessive amount of fill work. The proposed front
setback for the temporary building will not be out of character with other front
setbacks in this area. The temporary building will be located 35 to 37 feet back from
the centerline of the roadway and behind the fence line of the Lake Nixon property.
Staff believes that the proposed temporary building will have no adverse impact on
the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested front setback variance, subject to
compliance with the Public Works requirement as noted in paragraph A. of the staff
report.
BOARD OF ADJUSTMENT
(February 27, 2017)
The applicant was present. There were no objectors present. Staff informed the Board
that the applicant had revised the application to have the temporary building from May
through August for the years 2017, 2018 and 2019. Staff presented the item and a
recommendation of approval as revised and 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 5 ayes, 0 noes and 0 absent.
2
January 31, 2017
Board of Adjustment
City of Little Rock
723 W. Markham St.
Little Rock, AR
SECOND
BAPTIST CHURCH
D 0 W N T 0 W N
Re: Lake Nixon Outdoor Center — Temporary Building Variance Application
Dear Board Members:
Enclosed is a nonresidential building variance application for our Lake Nixon Outdoor Center at
18500 Cooper Orbit Road. The variance application is necessitated by the need to place a temporary
building on the site in order to fulfill requirements mandated by the Department of Human Services for
the operation of the Lake Nixon Day Camp. The temporary building will only be in place during the
summer season of our day camp and then will be removed later this summer. The structure is being
rented from Williams Scotsman in Tulsa, OK. Permanent plans for expansion of the Outdoor Center
are currently being contemplated for the 2018 Day Camp Season_ However, the current structure is
needed for operation this summer.
The variance being requested is a reduction in the front yard setback along the Cooper Orbit Road
frontage. The un -deeded prescriptive right-of-way for the roadway rests within our property. We are
requesting a 10 foot setback at the eastern portion of the building and 12 foot setback at the western
portion of the building. This will place the building between 35 and 37 feet from the centerline of the
roadway behind the fence line of the Lake Nixon property.
The topography of the site is such that the building cannot be placed further from the roadway without
a significant amount of fill. Such fill work would likely result in erosion and degrade the water quality of
Lake Nixon. The lake is used as a swimming lake and preserving the water quality is an absolute
concern of priority for operation of the day camp.
Thank you for your consideration. Please call me if you have any questions. 501.374.9284
Sincerely,
Megan Pike
Executive Director
Lake Nixon Outdoor Center
FEBRUARY 27, 2017
ITEM NO.: 3
File No.: Z-7501 -C
Owner: E Stem
Applicant: John Greer, WER Architects
Address: 400 Shall Street
Description: Southwest corner of Shall Street and World Avenue
Zoned: UU
Variance Requested: Variances are requested from the development provisions of
Section 36-342.1 to allow an existing building to be
converted to a school use.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Office/Warehouse
Proposed Use of Property: School
STAFF REPORT
A. Public Works Issues:
1. Public Works has no comments for the specific requested variances.
2. At time of building permit, any work involving one (1) or more acres of disturbed
area requires a State of Arkansas NPDES permit. Contact the Arkansas
Department of Environmental Quality, NPDES branch at 501-682-0744 for
applications and information about General Stormwater Discharge Construction
Permit #ARR150000.
3. At time of building permit, provide one (1) copy of detention plans and
calculations to Vince Floriani at 701 West Markham Street. Contact Vince
Floriani at 501-371-4817 or Nathan Charles at 501-918-5348 with any questions
or for more information.
4. At time of building permit, the maximum cross slope at the sidewalk crossing is
1:50 over a 3 -foot pathway. All driveway aprons within the public right-of-way
shall be a minimum eight (8) inches thick of 3000 psi concrete and must conform
to Ordinance #16,577 and #18,031 for grade, spacing, and other design
provisions. Driveway aprons must be installed per City of Little Rock Standard
Details PW -30 thru PW -35.
5. At time of building permit, provide sidewalk ramps for the disabled within the
public right-of-way at street corners, driveways, and other locations as needed
to eliminate steps in the sidewalk. The maximum slope of ramps is 1:12 with
1:10 side slopes. A four foot landing area must be installed at the top of the
ramp. Slope cannot exceed 2% in either direction. Ramps must be constructed
FEBRUARY 27, 2017
ITEM NO.: 3 (CON'T.) Z-7501 -C
per Public Works Standard Details PW -48 thru PW -53. A one (1) year
maintenance bond for newly installed improvements in the right-of-way must be
provided to Public Works, Civil Engineering prior to the issuance of a certificate
of occupancy. Access ramps shall be installed at the intersection of World
Avenue and Shall Avenue.
6. At time of building permit, boundary street improvements shall include, but not
be limited to, reconstruction of one-half section of the abutting street if the
existing street is not up to city standards. Repair, replace, or extend existing
damaged or missing curb and gutter, sidewalk, ramps or concrete driveway
aprons within the public right-of-way adjacent to the site. Remove abandoned
driveway cuts and install curb, gutter, and sidewalk. All work within the public
right-of-way shall conform to City of Little Rock Standard Details and ADA
guidelines.
7. At time of building permit, damage to public and private property due to hauling
operations or operations of construction related equipment from a construction
site shall be repaired by the responsible party prior to the issuance of a certificate
of occupancy.
8. At time of building permit, shall Avenue is classified on the Master Street Plan as
a collector street. A dedication of right-of-way 30 feet from centerline will be
required.
9. At time of building permit, a 20 feet radial dedication of right-of-way is required
at the intersection of World Avenue and Shall Avenue.
10. At time of building permit, easements will be required to be dedicated for
sidewalks and public parking outside of the Shall Avenue right-of-way.
11.At time of building permit, with site development, provide design of street
conforming to the Master Street Plan. Construct one-half street improvement to
Shall Avenue including sidewalks with planned development.
12. At time of building permit, sidewalks located five feet off the back of curb of World
Avenue with appropriate handicap ramps are required in accordance with Sec.
31-175 of the Little Rock Code and the Master Street Plan. Sidewalk shall be
extended to west property line adjacent to World Avenue.
13.At time of building permit, property frontage needs to have the sidewalks and
ramps brought up to the current ADA standards.
14.At time of building permit, a grading and drainage plan along with stormwater
drainage report and stormwater detention analysis will be required at time of
building permit.
15. At time of building permit, this property drains to a known drainage problem. It
is believed there is sufficient pipe capacity, however there is insufficient storm
drain inlets. The stormwater curb inlet at the south east corner of the property
shall be modified to public works detail PW -1A or PW -1B. The grate inlet
adjacent to shall and just north of the south east corner, shall be modified to
increase inlet capacity. An inlet built according to PW -1A or PW -1 B is preferred.
16.At time of building permit, street lights are required by Section 31-403 of the LR
code. Provide plans for approval to Traffic Engineering. Street lights must be
installed prior to platting/certificate of occupancy. Contact Traffic Engineering
379-1813 (Greg Simmons) for more info.
2
FEBRUARY 27, 2017
ITEM NO.: 3 (CON'T.) Z -7501-C
17. At time of building permit, driveway locations and widths do not meet the traffic
access and circulation requirements of Sections 30-43 and 31-210. Driveways are
required to be located 125 feet from side property lines, and 250 feet from
intersections and other driveways. A variance from City Code is required to be
obtained for proposed drive locations.
18.At time of building permit, in accordance with Section 32-8, no obstruction to
visibility shall be located within a triangular area 50' back from the intersecting
right-of-way line. Sight distance is obstructed at the proposed south driveway
location by the angled parking.
19.At time of building permit, traffic Study and simulation models submitted by the
consultant show that the proposed school site has very little room to accommodate
school traffic. Vehicles coming to drop-off and pick-up are seen queuing and
waiting on several public streets (Capital Ave, Rector St, Byrd St., World Ave.) and
even 1-30 access road. Byrd Street is only 16 ft. wide and access to several
businesses will be completely blocked by the school traffic on a daily basis. Some
of the affected businesses are Graybar Electric Co., Sherwin Williams Commercial
Paint Store, Sunbelt Convention Services, Morgan Tool and Supply, Consolidated
Electrical Distribution. Depending on which direction the customers are coming
from, more businesses will be negatively affected by the school traffic. Since
many of these streets are narrow, vehicles won't be able to pass the queued
vehicles. School traffic will also negatively affect emergency response. A fire
truck or ambulance may face significant delay while negotiating through school
traffic that is queued on these streets. Traffic Models also show school traffic
queuing on World Ave. This may affect daily operations and special events held at
Heifer Village.
B. Landscape and Buffer Issues:
1. Site plan must comply with the City's minimal landscape and buffer ordinance
and the Presidential Park Overlay District requirements.
2. Signage is to be reviewed and permitted separately.
3. A franchise agreement must be obtained from Little Rock Public Works to place
landscape materials in the public right-of-way. Contact Engineering Technician,
Bennie Nicolo at 371-4818. Return (1) copy of the franchise agreement to the
Plans Development Administrator.
4. A perimeter planting strip is required along any side of a vehicular use area that
abuts adjoining property or the right-of-way of any street. In areas designated as
"mature" this strip shall be a minimum of six (6) feet nine (9) inches wide. One
(1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear
feet of perimeter planting strip.
5. 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.
3
FEBRUARY 27, 2017
ITEM NO.: 3 (CON'T.) Z-7501 -C
C. Staff Analysis:
The UU zoned property at 400 Shall Street is occupied by a one-story masonry
building which has been used for office/warehouse type uses. The property is
located at the southwest corner of Shall Street and World Avenue. The building
contains approximately 111,000 square feet of building area, with the overall
property containing 3.54 acres. A small area of parking is located along the east
side of the building. A loading dock area is located on the south side of the building,
with an access drive from Shall Street.
The applicant proposes to remodel the building for use as a K through 9 public
charter school. As part of the building remodel, the center section of the building will
be removed, as noted on the attached site plan. This will result in a 31,215 square
foot building on the east portion of the property and a 61,650 square foot structure
within the west half of the property. The buildings will be connected by a covered
walkway. The area between the buildings will be used as a drop-off/pick-up area
and a playground area, with additional playground space on the south side of the
westernmost building. A new access drive will be constructed from World Avenue
to serve the area between the buildings. The existing drive at the southeast corner
of the overall property will also be utilized to serve the area between the buildings.
A second driveway from Shall Street will be constructed to form a circular driveway
at the southeast corner of the east building. Approximately 15 parking spaces (back -
in) will be constructed along the east side of the east building, within the Shall Street
right-of-way. Ten (10) parking spaces will be constructed along the south property
line. New perimeter and building landscaped areas will be installed, with the addition
of sidewalk areas along both street frontages. Additional glass facade and windows
will be added along both street frontages of the buildings. A double gate will be
installed across the common area at the northwest corner of the east building and
the northeast corner of the west building. The gate structure will be constructed of
metal with the wording "e stem" incorporated into the gate design. The wording on
the gate will compensate for the allowable signage on the north facade of the
buildings.
The applicant is requesting two (2) variances in conjunction with the remodel project.
The first variance is from Section 36-342.1(c)(8) of the City's Zoning Ordinance
which requires that ground -level (street fronting) floors of non-residential buildings
have a minimum surface area of 60 percent transparent or window display. The
applicant is proposing to add windows on the building facades along Shall Street
and World Avenue. The window display area will increase from 16.9 percent to 34
percent along the east building fagade (Shall Street). The window display will also
increase along the north building facades from 0.1 percent to 21 percent. The
applicant notes that the percentage of window display proposed is the maximum that
can be provided, due to the fact that the building is constructed of concrete, tilt -up
walls. Any additional windows cut into the fagade could adversely impact the
structural integrity of the structure.
4
FEBRUARY 27, 2017
ITEM NO.: 3 (CON'T.) Z-7501 -C
The second variance is from Section 36-342.1(d)(1) which requires all uses within
the UU zoning district to be inside or enclosed. The applicant is requesting a
variance from this section to allow the outdoor playground areas between the
buildings and on the south side of the western building.
Staff is supportive of the requested variances from the UU district standards. Staff
views the request as reasonable. The variances are very minimal in nature with
respect to the UU requirements. The building will not be a retail type business in a
high pedestrian traffic area. Therefore, the percent of windows on the north and
east facades should be sufficient. With respect to the outdoor playground area, the
proposed use will be a school in the UU zoning district. The playground area is a
component of the school use, just as an outdoor pool/recreation area is a component
of a hotel or multifamily development. Playground areas have been approved for
other school sites within the UU zoning district. Staff believes that approval of the
requested variances will have no adverse impact on the adjacent properties or the
general area.
D. Staff Recommendation:
Staff recommends approval of the requested glass coverage and outdoor
playground variances, subject to the following conditions:
1. Compliance with the Public Works requirements as noted in paragraph A. of
the staff report.
2. Compliance with the Landscape and Buffer requirements as noted in
paragraph B. of the staff report.
BOARD OF ADJUSTMENT
(February 27, 2017)
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 5 ayes, 0 noes and 0 absent.
5
WER Architects/Planners
901 West Third Street
Little Rock, Arkansas 72201
501.374.5300
werarch.com
Monte Moore
City of Little Rock
Department of Planning and Development
723 West Markham
Little Rock, AR 72201
January 27, 2017
(7 -
RE: Application for a Non -Residential Zoning Variance — 400 Shall Street, Little Rock, AR
Dear Mr. Moore,
Please accept this letter with the attached documents to serve as our application for the above
referenced submittal. We wish for our application be accepted and approved at the Board of
Adjustment meeting on February 27, 2017. Enclosed you will find the following documents:
• Application for Zoning Variance
• Six (6) copies of Site Plan
• Six (6) copies of Survey
• Six (6) copies of A2.00 Elevations & A2.01 Existing and New Renderings
• Filing Fee
We are requesting a variance for the following items:
Request #1 — The UU provisions of section 36-342.1 paragraph c.8 requires "The ground -level
(street fronting) floor of nonresidential structures shall have a minimum surface area of sixty (60)
percent transparent or window display. We are requesting a reduction to this provision for the North
Elevation to 21 % and the East Elevation to 16.9%.
Justification — The existing building is constructed of reinforced concrete exterior walls. Modifying
these walls to achieve the 60% requirement would compromise the structural integrity of the load
bearing walls. Every opportunity has been taken to install glazing in appropriate areas of the building.
Request #2 — The UU provisions of section 36-342.1 paragraph d.1 does not include outdoor
playground and activity areas in the list of permitted uses. The current design incorporates a 1,900sf
K-2 playground, a 6,100sf 3-6 playground and a 16,700sf 7-9 activity area between the buildings.
Justification - These playgrounds and activity areas are located within the property lines and will be
completely fenced and monitored during school hours. Playgrounds and activity areas are integral
to the function of a K-9 school.
Approval of these variances will allow this project to proceed toward a building permit and the start
of construction this spring. The addition of the eStem Public Charter School at Shall Street will be a
great asset to the development of the East Village and providing children in Little Rock the education
they deserve.
If there are any questions, please do not hesitate to contact me by phone or email.
Cordial
eer Jr AlEED AP
pa resident WER Architects
CC: Mark Milhollen, CFO eStem
John Bacon, CEO eStem
FEBRUARY 27, 2017
ITEM NO.: 4
File No.: Z -8933-A
Owner: 1-30 Properties, LLC
Applicant: J. Cliff McKinney
Address: 10400 Interstate 30
Description: Northwest corner of 1-30 and Mabelvale Pike
Zoned: C-4
Variance Requested: A variance is requested from the off -premise sign provisions
of Section 36-556 to allow a billboard with reduced
separation.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Off -Premise Sign (Billboard)
Proposed Use of Property: Off -Premise Sign (Billboard)
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The C-4 zoned property at 10400 Interstate 30 is a small triangular-shaped property
located at the northwest corner of 1-30 and Mabelvale Pike. The property contains
several small vacant buildings which were left from a business which previously
occupied the site. The property is completely fenced, with an access gate along the
south property line. The property is approximately four (4) to five (5) feet above the
grade of 1-30.
An existing off -premise billboard sign is located along the south property line, near
the southwest corner of the property. The billboard has a height of 35 feet and an
area of 14 feet by 48 feet. There are two (2) other billboards which have been
permitted in this immediate area. There is one (1) permitted billboard site at 10510
1-30 to the west and one (1) permitted billboard site at 9709 Baseline road to the
northwest. Both of these existing permitted billboard sites are located approximately
915 feet from the proposed billboard site at 10400 1-30. These two (2) billboard sites
are the closest billboards to the proposed site.
FEBRUARY 27, 2017
ITEM NO.: 4 (CON'T.) Z -8933-A
Section 36-556(a)(4) of the City's Zoning Ordinance ("off -premise signs") requires
a minimum separation between billboards of 1,000 feet and reads as follows:
"(4) No billboard site shall be located less than one thousand (1,000) feet from
another billboard site. The separation requirement shall be measured along
the nearest edge of pavement between points directly opposite the signs,
provided that only on streets separated by a median, each side of the street
shall be considered separately for distance purposes."
On April 28, 2014 the Board of Adjustment approved a variance to allow the billboard
with reduced separation. A recent court action nullified this approval, and the
property ownership is changing. Therefore, the applicant is requesting that the
previously approved variance be approved again for the existing billboard. The
existing billboard was not placed on the site until after the previous separation
variance was approved.
Therefore, the applicant is requesting a variance from this ordinance criteria to allow
the new billboard site with reduced separation.
Staff continues to be supportive of the requested sign separation variance. Staff
views the request as reasonable. The applicant is providing over 90 percent of the
separation requirement, with a separation of approximately 915 feet from the two (2)
closest billboard signs at 10510 1-30 and 9709 Baseline Road. Additionally, this
immediate area has a long standing history of having two (2) billboard signs along
the 1-30 frontage, one (1) at 10400 1-30 (the existing location) and one (1) at 10600
1-30 to the west. The existing billboard at 10400 1-30 will maintain the same level of
billboard signage which previously existed for a number of years. Staff believes the
existing billboard sign with a minor reduced separation has no adverse impact on
the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested billboard separation variance, as filed.
BOARD OF ADJUSTMENT
(February 27, 2017)
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 5 ayes, 0 noes and 0 absent.
2
Quattlebaum, Grooms & Tull
A PROFESSIONAL LIMITED LIABILITY COMPANY
11 I Center Street
Suite 1900
Little Rock, Arkansas 72201
(501)379-1700
J. Cliff McKinney, II
emckinney@qgtlaw.com
Licensed in Arkansas, Mississippi, Missouri, Oklahoma and Texas
LEEDS Accredited Professional
January 20, 2017
Little Rock Board of Adjustment
2nd Floor City Hall — Directors Chambers
500 West Markham
Little Rock, Arkansas 72201
.E4e"J— 44
- V�33- �
Direct Dial
501-379-1725
Direct Fax
501-379-3825
Re: Request for Minimum Distance Variance for Billboard/Off-Premises Sign Permit
Dear Board Members:
Our firm represents Lamar TLC Properties, Inc., a Louisiana corporation ("Lamar").
Lamar has an agreement to purchase the real property described in the attached deed (the
"Property") from I-30 Properties, LLC, an Arkansas limited liability company ("I-30"). The
Property currently contains a billboard that is 852 feet from the nearest billboard. Lamar needs a
148 feet variance to maintain the existing billboard on the Property (the "Existing Billboard").
The Little Rock Board of Adjustment granted I-30 a variance for the Existing Billboard
on April 28, 2014 in a 5-0 vote, which was item No. 4 (consent agenda) regarding File Number
Z-8933. Lamar respectfully requests a variance to continue maintaining the Existing Billboard
after it purchases the real property.
I-30 has authorized our firm to act as its agent to pursue this variance request.
Sincerely,
QUATTLEBAUM, GROOMS & TULL PLLC
j J)
J. Cliff McKinney, II
Enclosure: Deed
FEBRUARY 27, 2017
ITEM NO.: 5
File No.:
Applicant:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Z-9196
Patrick Ruettiger
4910 Kavanaugh Blvd. (address generating appeal request)
East side of Kavanaugh Blvd., north of Cantrell Road
C-3
An administrative appeal is requested for interpretation of
the zoning ordinance Section 36-298(8)e.
The applicant's justification is presented in an attached letter.
Restaurant/Commercial
Proposed Use of Property: Restaurant with Outdoor Dining/Commercial
STAFF REPORT
rJA
:a
Public Works Issues:
No Comments.
Staff Analysis:
On May 23, 2016 the Board of Adjustment approved a parking variance in
conjunction with a proposed restaurant use at 4910 Kavanaugh Blvd. On November
1, 2016 the applicant for 4910 Kavanaugh Blvd. filed a second parking variance
request to allow an outdoor dining area for the restaurant use. The outdoor dining
area is proposed to be 408 square feet in area and located on the front (southwest
corner of the building), between the building and Kavanaugh Blvd.
According to Section 36-298(8) of the City's Zoning Ordinance, the regulations for
outdoor dining in commercial zoning is as follows:
"(8) Eating places (inside, with drive-in service and without drive-in service) shall
be permitted to have an area of outdoor dining subject to compliance with the
following provisions:
a. The area of outdoor dining shall not be located in the public
right-of-way nor shall it obstruct pedestrian movement, fire
lanes, access to any business or areas designated for access
by the physically impaired.
b. The number of seats in the area of outdoor dining shall not
exceed fifty (50) percent of the number of seats within the
eating place.
FEBRUARY 27, 2017
ITEM NO.: 5 (CON'T.) Z-9196
c. On-site parking shall be provided for the area of outdoor dining
based on the parking space per square foot requirement for
restaurants established in Section 36-502.
d. Compliance with applicable state and county health regulations.
e. The area of outdoor dining shall not be located between the
building occupied by the eating place and adjacent residentially
zoned or used properties.
f. This subsection shall not be deemed to permit signage or structural
alterations such as canopies or walls regulated elsewhere in this
chapter."
Since this section of the ordinance was adopted by Ordinance No. 18,902 on July
15, 2003, staff has applied the requirements to numerous properties which have
restaurants with outdoor dining. With respect to paragraph e. of the requirements,
staff has never applied the term "adjacent" to mean across a public right-of-way.
Staff has applied the term "adjacent" to be a property sharing a property line with a
subject property. At the time the ordinance requirements were adopted for outdoor
dining, the term "abutting" was, and still is, a defined term in the Zoning Ordinance,
Section 36-2, and reads as follows:
"Abutting means having property or district lines in
common. Since zoning district lines fall to the center-
line of a street, alley or waterways, lots which appear
physically separated abut at the district line."
The term "abutting" as defined by the ordinance refers to properties sharing a
property line or district line (zoning line). Sharing a district line includes properties
across public rights-of-way from one another. At the time Section 36-298(e) was
adopted it was determined not to use the term "abutting", but instead the term
"adjacent", which was not, and still is not, a defined term in the zoning ordinance.
Patrick Ruettiger, representative of Alex Rogers (owner of 4911 Kavanaugh Blvd.),
is appealing staff's application of the zoning ordinance with respect to Section 36-
298(8)(e), specifically with the term "adjacent." Mr. Ruettiger contends that the term
"adjacent" should be interpreted to include properties across a public right-of-way
from each other. Please see Mr. Ruettiger's attached six (6) page document for a
complete explanation of his appeal/interpretation.
The Board of Adjustment is asked to determine if the Planning Staff's application of
the term "adjacent" with respect to Section 36-298(8)(e) of the City's Zoning
Ordinance is correct.
2
FEBRUARY 27, 2017
ITEM NO.: 5 (CON'T.) Z-9196
BOARD OF ADJUSTMENT (February 27, 2017)
Patrick Ruettiger was present, representing the application. Staff briefly introduced the
appeal issue.
Patrick Ruettiger addressed the Board in support of the requested appeal. He explained
that the definition of the term "adjacent" should include across a right-of-way. He
referenced the term "abutting" as found in Chapter 36 of the Code. He noted that the
definition of "adjacent" should be broader. He referenced the Capitol Zoning Code with
respect to notification requirements.
Staff addressed the Board with respect to the appeal. Staff noted that since Section 36-
298(8)(e) of the Code was adopted in 2003 the word "adjacent" has been interpreted to
not include a property across a right-of-way from another, but to be only properties that
touch along property lines. Staff further explained how definition of the term "adjacent"
has been interpreted, and that the interpretation has been consistently applied for almost
14 years.
Debra Weldon, City Attorney, addressed the Board and provided a memo dated February
27, 2017 addressing the appeal issue. She briefly reviewed the memo with the Board.
Mr. Ruettiger again referenced the Capitol Zoning notification requirements. He noted
the term "nearby" with respect to the term "adjacent" would be difficult to interpret and
interpretation could be arbitrary. He stated that he could see the term "adjacent" defined
more than one (1) way.
There was additional discussion regarding the definition of the term "adjacent". There
was also discussion regarding legislative intent of the code.
Frank Allison made a motion to defer the application. The issue was discussed. Mr.
Allison withdrew his motion.
The issue of rendering properties nonconforming was discussed.
There was a motion to approve the appeal as requested. The motion failed by a vote of
2 ayes, 3 nays and 0 absent. The appeal was denied.
PATRICK J.
THE LAW OFFICE OF
PLLc
PERSISTENCE. JUSTICE. RELIABILITY.
Patrick J. Ruettiger, Attorney at Law 1011 N. 2d St. Ste. A
ruettigerlaw@gmail.com Cabot, AR 72023
Phone: (501) 993-5798 Fax: (501) 325-4136
January 24, 2017
City of Little Rock
Planning and Development Department
723 West Markham Street
Little Rock, AR 72201
RE: Request for an Interpretation of the Zoning Ordinance
Dear Board of Adjustment:
I have been retained to represent Alex and Jennifer Rogers in the matter of a zoning variance
request filed by Lyto, Inc. (hereafter "Pizzeria"). Pizzeria is a pub located at 4910 Kavanaugh Blvd.
(Exhibit 1). Pizzeria wishes to add outdoor seating to the front entrance of the pub, which faces
Kavanaugh Blvd. If the variance is approved, Pizzeria will serve its patrons food and alcoholic drinks
in the outdoor seating area from 4:30 p.m. to 12:30 a.m., seven (7) days a week.
The Rogers reside at 4911 Kavanaugh Blvd., directly across the street from Pizzeria. The front
of the Rogers' home faces Pizzeria's front entrance at a distance of approximately 85 feet. Thus,
Pizzeria's proposed outdoor dining area would be located directly between the pub itself and an
adjacent residentially zoned and used property, namely, the Rogers' home (Exhibit 2). If the word
adjacent is interpreted to mean "nearby, but not necessarily touching," then this outdoor seating
arrangement would be in direct violation of Little Rock Code 36-298(8)(e). Therefore, we appeal to
the Board to interpret adjacent as applied in the Zoning Ordinance. It is our position that the Board
should interpret the word to mean "within 200 feet," and therefore deny Pizzeria's request for the
zoning variance to allow the proposed outdoor seating.
The Board should deny Pizzeria's request for a zoning variance because the proposed outdoor
seating area is in direct violation of Little Rock Code 36-298(8)(e), as it would be located between
Pizzeria's building and an adjacent residentially zoned and used property.
1. Arkansas Law prohibits the Board of Adjustment from granting a zoning variance for
any use in a zone that is not permitted under the zoning ordinance.
Arkansas Code Annotated § 14-56-416 authorizes the creation of a Board of Adjustment and
broadly enumerates the Board's powers. Section 416(B)(i)(b) states that "[the board shall not permit,
as a variance, any use in a zone that is not permitted under the ordinance." The word "ordinance" in
this section of the Code is referring to the zoning ordinance: Little Rock Code of Ordinances, Chapter
3 6 — Zoning.
Little Rock Ordinance Chapter 36 § 69 establishes the functions of the Board of Adjustment,
and in paragraph (a) reiterates the Arkansas Code stating that "[t]he board of zoning adjustment shall
not permit, as a variance, any use in a zone that is not permitted under this chapter" (emphasis added).
"Shall not" is construed as mandatory and not discretionary (Section 36-5); therefore the Board has no
discretion under that provision. "Under this chapter" means Chapter 36 of the Ordinance. Little Rock
Ordinance 36-298(8)(e) states that "[t]he area of outdoor dining shall not be located between the
building occupied by the eating place and adjacent residentially zoned or used properties."
The law clearly prohibits the Board from granting a variance in contradiction to the ordinance.
Furthermore, the law clearly prohibits outdoor dining to be located adjacent to residential property.
The only issue remaining, therefore, is what the drafters of the zoning ordinance meant by the word
adjacent.
2. The word adjacent in its etymological sense means lying near to, not widely separated, but
not necessarily touching. In the zoning context, it means within 200 feet.
The Little Rock Ordinance does not define adjacent and this is an issue of first impression for
the Board. Black's Law Dictionary (6th ed., 1990) defines adjacent as "[flying near or close to;
sometimes, contiguous (adjoining; touching at a point along a boundary); neighboring ... implies that
the two objects are not widely separated, though they may not actually touch." Conversely, the word
adjoining is defined as "touching ... as distinguished from lying near to or adjacent ... [t]o be in
contact with; to abut upon."
The Ordinance does define abutting as "having property or district lines in common." The
word commonly and plainly means "touching." The drafters of the Ordinance could have chosen to
use the word abutting in Section 36-298(8)(e), but they did not. Clearly the selection of the word
adjacent meant that the drafters' intent was to distinguish the word to mean "not necessarily touching."
Even if the word adjacent is accepted to mean "not necessarily touching," the question remains
as to how far the concept extends from a property in a case such as this. The Little Rock Capitol
Zoning District Commission Rules provide insight. The Commission Rules Section F. Application
Review Procedures, provision (1)(c) states that "[f]or an application requiring a public hearing, the
applicant shall legally notify adjacent property owners ... situated within 200 feet of the property for
which the permit is requested" (emphasis added).
The Rogers' front yard is located directly across Kavanaugh Blvd. from Pizzeria's proposed
outdoor dining site (Exhibit 3). The two property boundaries are only separated by Kavanaugh Blvd.,
2
at a distance of approximately 85 feet. Thus, the two properties are clearly neighboring and "lie near
or close to each other." Using the Capitol Zoning Rules definition as a guide, the Rogers' property is
obviously adjacent to Pizzeria. In fact, it is likely that the Chapter 36 drafters did use the Capitol
Zoning Rules as a guide, as Section 36-85(b) requires that petitioners to the Board of Adjustment
notify in writing property owners within 200 feet of the subject property. The Rogers received timely
notification of this proposed zoning variance — as their property is located within 200 feet of Pizzeria
(i.e. adjacent to Pizzeria).
Finally, a reasonable analysis of this issue should conclude that the properties are contiguous
and abutting, so that even if the Board finds adjacent to be synonymous with these words, Pizzeria's
proposal still runs afoul of the ordinance. If contiguous means "touching at a point along a boundary,"
then the properties are contiguous in that they touch along the boundary of Kavanaugh Blvd. Abutting
means "having property or district lines in common," so the properties abut in that they touch along the
zoning district line running down the centerline of Kavanaugh Blvd (note that Section 36-2 plainly
states that "[s]ince zoning district lines fall to the centerline of a street ... lots which appear physically
separated abut at the district line") (emphasis added).
Conclusion
The plain language of Section 36-298 prohibits a restaurant to situate outdoor seating between
its building and adjacent residential property. A reasonable interpretation of the meaning of the word
adjacent concludes that the plain language of the ordinance applies to this situation. The Board has no
discretion to permit a zoning use in contradiction to the ordinance. Thus, the Board should deny
Pizzeria's request for a variance so that the pub will not place outdoor seating adjacent to the Rogers
property in clear violation of the ordinance.
For the foregoing reasons, on behalf of the Rogers I respectfully request that the Board denies
Pizzeria's zoning variance request.
3
Exhibit 1
Screenshot of Pizzeria's Facebook Page
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44te are a gastrapub offering classic neapolitan pizzas fired in
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a Mario Acunto wood oven and craft cocktails from a
BUSINESS INFO
renovated building that was once a neighborhood grocery
Posts
store in a historic area of Little Rock, AR. We also have an
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Map showing relative positioning of the properties and proposed outdoor seating.
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FEBRUARY 27, 2017
ITEM NO.: 6
File No.: Z-9197
Owner: Irby Stuart Company
Applicant: Thomas R. Pownall
Address: 6100 Scott Hamilton Drive
Description: West side of Scott Hamilton Drive, South of Hoerner Road
Zoned: 1-2
Variance Requested: A variance is requested from the area provisions of Section
36-320 to allow a building addition with reduced rear
setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Electrical Sales & Distribution
Proposed Use of Property: Electrical Sales & Distribution
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Landscape and Buffer Issues:
1. Site plan must comply with the City's minimal landscape/buffer ordinance
requirements.
2. Signage is to be reviewed and permitted separately.
3. Proposed building addition will not require any new landscape. All existing
landscape areas shall be protected as per City of Little Rock Landscape
Ordinance (Sec. 15-100). Any trees or vegetation located in close proximity
to construction shall have the area within the dripline fenced and protected
from development activities. Any existing landscape or irrigation disturbed by
construction shall be repaired or replaced before completion and final
acceptance of the project.
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.
FEBRUARY 27, 2017
ITEM NO.: 6 (CON'T.) Z-9197
C. Staff Analysis:
The 1-2 zoned property at 6100 Scott Hamilton Drive is occupied by a one-story
industrial building located within the south half of the property. The property is
located on the west side of Scott Hamilton Drive, south of Hoerner Road. A paved
parking area is located on the east end of the building, between the building and
Scott Hamilton Drive. Two (2) driveways from Scott Hamilton Drive serve as access.
There is an existing paved area on the north side of the building which is used for
truck maneuvering and unloading. This area also contains some outdoor storage of
equipment/materials. There is also a paved area at the west end of the building,
between the building and the west (rear) property line. This area is also used for
storage.
The applicant proposes to construct a 35 foot by 180 foot roof cover over the existing
paved area at the west end of the building. The addition will be unenclosed on its
north, south and west sides. The height of the roof cover will range from 16.67 feet
to 21 feet. The proposed addition will be located 6.91 feet to 7.16 feet from the rear
(west) property line. The addition will be located approximately 30 feet from the
south side property line and over 80 feet from the north side property line. The
applicant notes that the proposed covered storage addition cannot be located on the
north side of the building because it would take up too much of the truck
maneuvering area.
Section 36-320(e)(3) of the City's Zoning Ordinance requires a minimum rear
setback of 25 feet for this 1-2 zoned property. Therefore, the applicant is requesting
a variance to allow the roof cover addition with a reduced rear setback.
Staff is supportive of the requested rear setback variance. Staff views the request
as reasonable. The applicant is proposing to cover an existing paved area which is
used for storage of materials and equipment. The property backs up to an
undeveloped, wooded tract. As noted above, the covered storage area cannot be
located on the north side of the building due to the fact that it would eliminate too
much of the area devoted to truck maneuvering and unloading. Staff believes the
proposed roof cover addition will have no adverse impact on the adjacent properties
or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested rear setback variance, subject to
compliance with the following conditions:
The building addition must remain unenclosed on its north, south, west and
partial east sides.
2. Compliance with the Landscape and Buffer requirements as noted in paragraph
B. of the staff report.
2
FEBRUARY 27, 2017
ITEM NO.: 6 (CON'T.) Z-9197
BOARD OF ADJUSTMENT
(February 27, 2017)
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 5 ayes, 0 noes and 0 absent.
THOMAS ENGINEERING COMPANY
civft engineers land su
3810 LOOKOUT RD NORTH LITTLE ROCK, AR 72116 (501)753-4463 FAX (501)753-6814
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
January 31, 2017 — 907
Mr. Monte Moore
Zoning & Code Enforcement Administrator
City of Little Rock Planning Department
723 West Markham
Little Rock, AR 72201
RE: Zoning Variance Application
Irby Electric
6100 Scott Hamilton Drive
Dear Mr. Moore:
Please accept this letter to serve as our application for the above referenced submittal. We
wish to be placed on the February 27th Board of Adjustment meeting agenda.
Irby Electric is wishing to construct a covered storage area on the west side of their existing
building as shown on the included Site Plan. The proposed area will not be enclosed. The
maximum height of the covering will be 21 feet at the existing building and 16'-8" at the
western most line. The existing building has three warehouse doors on the west side which will
be used as access to move typical electrical equipment in and out of the building with a fork lift.
Because of the new covering's height, delivery trucks will not be allowed under the storage
area. The northern wall of the existing building has one warehouse door, but constructing the
storage area on the north wall of the building will limit truck maneuvering space, and therefore
we are requesting this variance based on the limiting factors of the existing building, and
limited truck maneuvering area.
If you have any questions, please give me a call.
Sincerely,
Thomas R. Pownall, P.E.
Project Engineer
1,,lAA'J Ali- A A/ A I
✓P ' /' I J" A 4
MEMBER
ALLISON• FRANK
LINDSEY POLK, CAROLYN
:AAJ
SMITH, CHRISTOPHER
TUCKER, ROBERT
YATES, JEFF
TIME IN AND TIME OUT
ALLISON, FRANK
LINDSEY POLK, CAROLYN
SMITH, CHRISTOPHER
TUCKER, ROBERT
YATES, JEFF
/ AYE W—NAYS __A— ABSENT -A3ABSTAIN Meeting Adjourned
FEBRUARY 27, 2017
There being no further business before the Board, the meeting was adjourned at 3:04
p.m.
Date: ?J 67/n
Chairman