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boa_03 27 2017LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES MARCH 27, 2017 Roll Call and Finding of a Quorum A Quorum was present being three (3) in number. II. Approval of the Minutes of the Previous Meetings The Minutes of the February 27, 2017 meeting were approved. Members Present: Carolyn Lindsey Polk Christopher Smith Robert Tucker, Vice Chairman Members Absent: Frank Allison Jeff Yates, Chairman City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA MARCH 27, 2017 2:00 P.M. OLD BUSINESS: A. Z -7945-B 4910 Kavanaugh Blvd. II. NEW BUSINESS: 1. Z -5991-F 600 Wellington Hills Road 2. Z-9205 5417 Stonewall Road 3. Z-9206 5405 Baseline Road MARCH 27, 2017 ITEM NO.: A File No.: Owner: Applicant: Address: Description: Zoned: Z -7945-B Lyto, Inc. Tami C. Threet 4910 Kavanaugh Blvd. East side of Kavanaugh Blvd., North of Cantrell Road 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 601IFM90:03 I.1:49 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. MARCH 27, 2017 ITEM NO.: A (CON'T.) Z -7945-B The parking variance was approved with the following conditions: A maximum of 3,750 square feet of the two (2) existing buildings may be utilized as a restaurant use. 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. 2 MARCH 27, 2017 ITEM NO.: A (CON'T.) Z -7945-B 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. BOARD OF ADJUSTMENT (February 27, 2017) Staff informed the Board that the applicant 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. BOARD OF ADJUSTMENT (March 27, 2017) Staff informed the Board that the applicant submitted a letter on March 27, 2017 requesting the application be deferred to the April 24, 2017 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred by a vote of 3 ayes, 0 noes and 2 absent. LAX •VAUGHAN LAX, VAUGHAN, FORTSON, ROWE & THREET, P.A. TAMI C. THREET tthreet@laxvaughan.com Via Hand -Delivery ATTORNEYS AND COUNSELORS CANTRELL WEST BUILDING 11300 CANTRELL ROAD, SUITE 201 LITTLE ROCK, ARKANSAS 72212 TELEPHONE (501) 376-6565 FACSIMILE (501) 376-6666 October 27, 2016 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: Direet 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: 1. 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) MARCH 27, 2017 ITEM NO.: 1 File No.: Z-5991 -F Owner: Winrock Development Company Applicant: Joe White, White-Daters & Associates Address: 600 Wellington Hills Road Description: West side of Wellington Hills Road, at Wellington Village Road Zoned: C-1 Variance Requested: A variance is requested from the development provisions of Section 36-299 to allow a commercial leasable area which exceeds the maximum leasable area allowed. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Day Care Center STAFF REPORT A. Public Works Issues: • At time of building permit, storm water detention will be required. • At time of building permit, the proposed retaining wall will be required to have the design and construction certified by a licensed engineer. • If the adjacent property to the south desires to share the access drive and have a four way intersection, a distance of 75 feet is required from the curb line on Wellington Hills Road to the center of the intersecting drives. B. Landscape and Buffer Issues: Site plan must comply with the City's minimal landscape and buffer ordinance and the Presidential Park Overlay District requirements. 2. 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 at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. 3. 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. This strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. MARCH 27, 2017 ITEM NO.: 1 (CON'T.) Z -5991-F 4. Entergy has stated that it will not allow any plantings that exceed a height of six (6) feet in their utility easement. Any required perimeter plantings will need to be located outside of this easement. If the required perimeter plant material quantities cannot be obtained due to the location of the easement a landscape variance from the City Beautiful Commission may be required. 5. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior island must be a minimum of seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. 6. Building landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building. These shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. 7. An automatic irrigation system to water landscaped areas shall be required for developments of one (1) acre or larger. 8. 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 C-1 zoned property at 600 Wellington Hills Road is currently undeveloped. The property is located on the west side of Wellington Hills Road at Wellington Village Road. The property is wooded with varying degrees of slope. The overall property is comprised of 1.47 acres, and is the unrecorded Tract "I" Villages of Wellington Addition. The applicant proposes to construct a one-story building on the property, as noted on the attached site plan. The proposed building will be 12,500 square feet in area and will house a day care center. A paved parking lot will be located between the building and Wellington Hills Road, with two (2) driveways serving as access from the roadway. A retaining wall will be located near and parallel to the south and west property lines. A playground area will be located behind the building at the southwest corner of the property. Section 36-299(b)(2) of the City's Zoning Ordinance allows a maximum floor area of 10,000 square feet for any single establishment in the C-1 zoning district. Therefore, the applicant is requesting a variance to allow the proposed day care center building with 12,500 square feet of floor area. MARCH 27, 2017 ITEM NO.: 1 (CON'T.) Z-5991 -F Staff is supportive of the requested variance to allow additional floor space for the proposed day care building in C-1 zoning. Staff views the request as reasonable. The overall property is comprised of 1.47 acres and is part of a four (4) lot commercial subdivision, zoned C-1. The C-1 lot immediately to the west contains the Citadel Broadcasting building which is 20,425 square feet in area. The proposed 12,500 square foot building will be smaller than or similar in size to other commercial buildings in this general area. There is a large mini warehouse development immediately west of the Citadel Broadcasting facility which contains over 90,000 square feet of building area. Staff believes the proposed building size will be compatible with the area and will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested variance to allow additional building area, subject to the following conditions: 1. Compliance with the Public works and Landscape/Buffer requirements as noted in paragraphs A and B of the staff report. 2. The number of parking spaces must comply with ordinance requirements. 3. The lot must be final platted prior to issuance of a building permit. BOARD OF ADJUSTMENT (March 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 3 ayes, 0 noes and 2 absent. MITE m RATERS & ASSOCIATES, INC. 24 Rahling Circle Little Rock, Arkansas 72223 3Phone: 501-821-1667 www.whitedaters.com --- February 27, 2017 Mr. Monte Moore City of Little Rock Neighborhoods and Planning 723 W. Markham St. Little Rock, AR 72201 RE: Kiddie Academy Mr. Moore, Attached please find six copies of the site plan and survey for the above referenced project. The property is located at 600 Wellington Hills Road near the intersection of Wellington Hills Road and Wellington Village Road. The property is zoned C-1 and contains 1.47 acres. The developer has plans to construct a 12,500 sq. ft. daycare facility with outdoor playground areas adjacent to the facility. The maximum capacity will be 197 children with approximately 20 staff member positions. Hours will be approximately 6:30 a.m. to 6:00 p.m. Monday thru Friday. Additional information about Kiddie Academy and the facility can be found on the attached sheet. The site will access Wellington Hills Road at two existing median breaks and will share the southern driveway with the future development to the south. Utilities are currently available to the site. Stormwater detention was provided for the overall development including this property when the existing lake across Wellington Hills Road was constructed. The developer is asking for a variance to exceed the 10,000 sq. ft. maximum leasable area under the C-1 zoning requirements. Please place this item on the next available docket. Do not hesitate to call should you have any questions or require additional information. r..+.eo .-n,. .-•—.-. ,N'-- n%i,! 7e n�+.a vnvr m n—EVIE_s CPMEN'!r 3 Tw7— !NC- -• LA•.'��DCJ'CAP!= /At.?1��..'p'�'Cv'�URE v+Jeer=uV�l['Ji_t_fif+vv-u-tavey d_r+eVi�+ev�i c.itu v��v e Leva Ca�i'e ..a ✓ I:v .. MARCH 27, 2017 ITEM NO.: 2 File No.: Z-9205 Owner: Gregory and Brittany Wood Applicant: Gregory Wood Address: 5417 Stonewall Road Description: South side of Stonewall Road, between N. Polk and N. Tyler Streets Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-156 to allow an accessory building with increased rear yard coverage. 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 Anal The R-2 zoned property at 5417 Stonewall Road is occupied by a two-story brick and frame single family residence. The property is located on the south side of Stonewall Road, between N. Polk and N. Tyler Streets. A one -car wide driveway from Stonewall Road is located at the northeast corner of the lot. The driveway extends along the east side of the house. The property backs up to an 0-3 zoned property which contains a U. S. Post Office facility. The applicant proposes to construct a two-story accessory garage structure within the rear yard area, as noted on the attached site plan. The proposed detached garage will be 24 feet by 31 feet in area (744 square feet). The proposed structure will be located three (3) feet from the rear (south) property line and three (3) feet from the east side property line. The accessory structure will be located over 20 feet from the west side property line, and will be separated from the house by eight (8) feet. The proposed accessory structure will occupy approximately 42 percent of the required rear yard area (rear 25 feet of the lot). MARCH 27, 2017 ITEM NO.: 2 (CON'T.) Z-9205 Section 36-156(a)(2)c. of the City's Zoning Ordinance allows a maximum rear yard coverage of 30 percent for accessory structures in R-2 zoning. Therefore the applicant is requesting a variance from this ordinance requirement to allow the proposed accessory garage structure with a 42 percent rear yard coverage. Staff is supportive of the requested rear yard coverage variance. Staff views the request as reasonable. The proposed rear yard coverage for the accessory structure will not be out of character with other accessory structures throughout this neighborhood. At least three (3) other lots within this block contain accessory buildings with similar increased rear yard coverage. The proposed accessory structure complies with all required setbacks from property lines and separation from the principal structure. As noted previously, the subject property backs up to an 0-3 zoned parcel which contains a post office facility. Staff believes the proposed accessory structure will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested rear yard coverage variance, as filed. BOARD OF ADJUSTMENT (March 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 3 ayes, 0 noes and 2 absent. P February 25, 2017 Department of Planning and Development 723 West Markham Little Rock, Arkansas 72201 Regarding: Request for Residential Zoning Variance To Whom It May Concern: We are a multi -car family and live in a single family residence without a garage and have a single lane driveway which does not have enough room to allow parking all vehicles in the driveway. This results in parking curbside. We also maintain our front and back yard, however currently we have to store mowers and other lawn equipment in off sight and inconvenient storage facility because of lack of storage and to keep the property from looking junky. Police reports show that the most common crimes in our neighborhood are from bikes, and equipment left out in the yard and stolen and smash and grab car theft most commonly from curbside parking. Granting a variance to allow construction of a garage will allow proper storage onsite of tools and yard equipment and appropriate sheltering of cars and bikes which will overcome all these problems and inconveniences. We are located directly behind the post office which has heavy cart traffic/activity early morning which is loud and carries directly to our master bedroom and den. This structure which will be located between these two areas will strategically dampen noise pollution from the post office and allow a more enjoyable and livable environment. Our plans call for the structure to match the architecture of the main house and will conform to similar styles within the neighborhood and will not be a distraction or eye sore or nuisance to surrounding neighbors. Thank you for your consideration in this matter. Sincerely, Douglas and Brittany Wood MARCH 27, 2017 ITEM NO.: 3 File No.: Owner: Applicant: Address: Description.- Zoned: escription:Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property STAFF REPORT A. Public Works Issues: No Comments Z-9206 Carlos Vicente Jorge Ramirez 5405 Baseline Road South side of Baseline Road, at Shelley Drive 1-2 A variance is requested from the paving provisions of Section 36-508 to allow a temporary gravel parking lot. The applicant's justification is presented in an attached letter. Used Car Dealership Used Car Dealership 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 street buffer will be required adjacent to the Baseline Road right-of-way 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 average depth of the lot is one hundred and ninety (190) feet. A minimum eleven foot (11) street buffer will be required. 4. Screening requirements will need to be met for the vehicular use area adjacent to street right-of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. 5. 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. MARCH 27, 2017 ITEM NO.: 3 (CON'T.) Z-9206 One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 6. A land use buffer will be required when an adjacent property has a dissimilar use of a more restrictive nature. As a component of all land use buffer requirements, opaque screening, whether a fence or other device, a minimum of six (6) feet in height shall be required upon the property line side of the buffer. A minimum of seventy (70) percent of the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided within the landscape ordinance of the city, section 15-81. The property to the east is zoned PCD, a minimum buffer will be required at six (6) percent of the average width of the lot but no case less than nine (9) feet. 7. For parking areas with twelve (12) or more spaces eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. 8. All landscape areas shall be protected as per City of Little Rock Landscape Ordinance (Sec. 15-100). Provide notes on plan specifying type and location of mulch, edging, wheel stops, and/or concrete curb and gutter. 9. 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 5405 Baseline Road is occupied by a one-story brick and frame structure which was originally constructed as a single family residence. The property is located on the south side of Baseline Road, at Shelley Drive, and is comprised of approximately 0.43 acre. There are two (2) driveways from Baseline Road at the northeast and northwest corners of the property. In the past gravel has existed between the two (2) driveways creating a circular driveway situation. The applicant recently installed gravel within the front yard area to create a parking/ display area for a used car dealership. Almost the entire front yard area, between the front wall of the building and the front (north) property line, has been covered with gravel. The applicant is asking to use the gravel parking/display area for 18 months, after which the area will be paved. Section 36-508 of the City's Zoning Ordinance requires that all vehicular use areas be paved where subject to wheeled traffic. Therefore, the applicant is requesting a variance from this ordinance requirement to allow the gravel parking lot for up to 18 months. 2 MARCH 27, 2017 ITEM NO.: 3 (CON'T.) Z-9206 Staff is supportive of the requested paving variance. Staff views the request as reasonable. In the past staff has supported temporary gravel parking areas for applicants trying to get a business started. In this particular case, there is an eleven (11) foot wide street buffer required, along with nine (9) foot wide land use buffer/landscape strips along the east and west property lines. Therefore, staff will require that the gravel be removed from these areas, with temporary borders provided to recognize these buffer and landscape areas. Additionally, the applicant should be aware that a building permit for paving and landscaping the parking lot must be obtained, with completion of the construction (including landscaping) before the 18 month time period expires. Otherwise, staff believes the temporary gravel parking area will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the variance to allow a gravel parking area for 18 months, subject to the following conditions: 1. Gravel must be removed from the street and perimeter buffer/landscape areas with borders provided, within 30 days of BOA approval. 2. The building permit for paving the parking lot must be obtained, with completion of construction (including landscaping), prior to the 18 month time period expiring. 3. The site must comply with the landscape and buffer requirements when the parking area is paved. BOARD OF ADJUSTMENT (March 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 3 ayes, 0 noes and 2 absent. -T4, 4-3 February 15, 2017 Little Rock Planning Commission, I Jorge L. Ramirez have a Used Car Dealership named "RPM" located at 5405 Baseline Rd, Little Rock, AR. 72209 and I want to kindly request to be able to install a gravel parking lot at 5405 Baseline Rd., Little Rock, AR. 72209 for 18 months. I am going to use that time to obtain a bond to be able to install a pavement parking lotand I will pave the parking lot after the 18 months. Your attention to this matter is greatly appreciated. Jorge L. Ramirez BOARD OF ADJUSTMENT VOTE REr-nRD DATE: K i _ MEMBER 3 ALLISON, FRANK LINDSEY POLK, CAROLYN SMITH, CHRISTOPHER TUCKER, ROBERT ✓ - ,f YATES, JEFF A- A 'TIME IN AND TIME OUT ALLISON, FRANK LINDSEY POLK, CAROLYN SMITH, CHRISTOPHER TUCKER, ROBERT YATES, JEFF /'AYE `' NAYE —&_ABSENT ABSTAIN Meeting Adjourned �` l�Q� P.M. MARCH 27, 2017 There being no further business before the Board, the meeting was adjourned at 2:03 p.m. ��INF �� Np���