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boa_03 25 2019LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES MARCH 25, 2019 2:00 P.M. I.Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. II.Approval of the Minutes of the Previous Meetings The Minutes of the February 25, 2019 meeting were approved. Members Present: Frank Allison -Chairman Carolyn Lindsey Polk Richard Bertram -Vice Chair Austin Grinder Members Absent: Open Position City Attorney Present: Sherri Latimer LITTLE ROCK BOARD OF ADJUSTMENT AGENDA MARCH 25, 2019 2:00 P.M. I.OLD BUSINESS: A.Z-8257-B 5701 Kavanaugh Blvd. B.Z-9392 10 Turtle Creek Lane II.NEW BUSINESS: 1.Z-5006-A 4820 Stonewall Road 2.Z-9400 1509 Rebsamen Park Road MARCH 25, 2019 ITEM NO.: A File No.: Z-8257-B Owner: 5701 Kavanaugh LLC Applicant: HR and DuValian Address: 5701 Kavanaugh Blvd. Description: Southwest corner of Kavanaugh Blvd. and Fillmore Street Zoned: C-3 Variance Requested: Variances are requested from the height and area provisions of Section 36-301 and the parking provisions of Section 36- 502 to allow construction of a new building with increased building height, decreased building setbacks and a reduced number of off-street parking spaces. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Lot Proposed Use of Property: Retail/Office/Residential STAFF REPORT A.Public Works Issues: 1.Public Works staff has no comments in respect to the variances to Chapter 36 of the Code of Ordinances. 2.Prior to approval-of the building permit, the pavement design of the proposed parking facilities should channelize runoff into the downstream gutter. 3.The alley apron servicing the south side of the property appears to be in poor condition and may not currently conform to ADAAG. Public Works staff may request reconstruction of the alley apron as a condition of approval of the building permit. 4.Access ramps for the disabled built in conformance with ADAAG and Public Works design standards must be provided at the intersection of Kavanaugh Blvd. and N. Fillmore Street prior to approval of the certificate of occupancy. 5.Any shrubs or landscaping proposed within the 50 foot sight triangle at the intersection of Kavanaugh Blvd. and N. Fillmore Street must be maintained below a height of 30 inches. Location of landscaping or other private improvements within the public right of way may require a franchise agreement with the Public Works prior to approval of the certificate of occupancy. 6.All private improvements within the right of way, such as building awnings, signs or overhangs, may only be permitted with a franchise agreement. Contact Bennie MARCH 25, 2019 ITEM NO.: A (CONT.) Z-8257-B Nicolo with Public Works for more information on how to obtain a franchise agreement. 7.Prior to approval of the building permit, all proposed striping and signage must conform to the Manual of Uniform Traffic Control Devices and is subject to approval of the Public Works. 8.Additional comments may follow prior to Public Works approval of a building permit for the proposed project. B.Landscape and Buffer Issues: 1.Site plan must comply with the Little Rock Zoning Ordinance and the City's minimal landscape and buffer ordinance requirements. 2.A franchise agreement must be obtained from Little Rock Public Works to place any landscape materials in the public right-of-way. 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. The property is located in the City's designated mature area. A twenty-five (25%) percent reduction of the buffer requirements is acceptable. The minimum dimension of the perimeter planting strip shall be six (6)feet nine (9) inches. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. A City Beautiful Commission variance may be required to eliminate the planting strip adjacent to the parking and the west property lines. 4.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. A City Beautiful Commission variance may be required to eliminate the required building landscape area. 5.All ground or roof mounted mechanical systems shall be screened from abutting properties and streets. 6.The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 2 MARCH 25, 2019 ITEM NO.: A (CONT.) C.Staff Analysis: Z-8257-B The C-3 zoned property located at 5701 Kavanaugh Blvd. is currently undeveloped. The property is located at the southwest corner of Kavanaugh Blvd. and N. Fillmore Street. A two-story commercial building which previously existed on the site has recently been removed. A 20 foot wide paved alley right-of-way is located along the rear (south) property line. The property is comprised of two (2) lots, Lots 1 and 2, Block 6, Mountain Park Addition. The overall property is 50 feet wide by 140 feet deep (7,000 square feet). The applicant proposes to construct a new four (4) story mixed use building on the property, as noted on the attached site plan. The proposed building will be constructed with zero setbacks from all property lines. Balcony portions of the building will extend across the north and east property lines, into the Kavanaugh Blvd. and N. Fillmore rights-of-way. Five (5) parking spaces will be located at the rear of the property under the upper floors of the building. The proposed four (4) story building will have an overall height of 52 feet. The applicant provided the following information with respect to building area and use of each floor: •First Floor: An approximately 4200 s.f. area will be for retail use facing Kavanaugh Blvd. and Fillmore St. This lease space may be either restaurant or retail sales space that may change over time. It is envisioned that a small outdoor dining area will be included as part of the overall 4200 s.f. area. Five (5)parking spaces (under the upper floors of the building) would be provided and accessed off the alley for building tenants. •Second Floor: An approximately 6250 s.f. Dental Office practice for a well respected local dentist would be relocated to this floor and patients would access the practice via a stair and elevator lobby on Kavanaugh Blvd. •Third and Fourth Floors: The combined enclosed space on the two floors of 8850 s.f. would be for approximately five (5) high end Condominium units. The fourth floor enclosed area would be set back from the building edge (not extending out to the property line) to create large terraces for the residences. This will reduce the building bulk up against the adjacent streets. The applicant is requesting several variances with the proposed project. The first variance is from the area provisions of Section 36-301 (e)(1 ),(2) and (3) of the City's Zoning Ordinance. This section requires a minimum front (north) setback of 25 feet, a minimum street side (east) setback of 25 feet and a minimum rear (south) setback of 25 feet. As noted previously, the proposed building will have zero setbacks from all property lines, with balcony portions extending into the Kavanaugh Blvd. and N. Fillmore Street rights-of-way. The second variance is from the building height provisions of Section 36-301 (d). This section allows a maximum building height of 35 feet. The applicant is requesting an overall building height of 52 feet. 3 MARCH 25, 2019 ITEM NO.: A (CONT.) Z-8257-B The final variance is from the parking provisions of Section 36-502. This section requires 42 off-street parking spaces for the first floor if the use is restaurant and 14 spaces if the use is retail. Six (6) parking spaces is required for each dentist occupying the second floor. The number of dentists for the dental office is not known. The condo units require seven (7) parking spaces. Staff does not support the variances as requested. Staff views the request as unreasonable and feels that the applicant is proposing to over-build the site. The proposed building height of 52 feet (four(4) stories) will be out of character with the other commercial buildings along Kavanaugh Blvd., which have heights of one (1) and two (2) stories. The upper floors of the proposed building will overlook the existing single family properties to the north across Kavanaugh Blvd. creating an undue burden on those properties. Additionally, staff feels that the proposed size and use of the building will create a parking demand that will put a strain on the available parking in this immediate area. The very large dental office will have employees which will need all-day parking and patients which will need parking of various lengths of time, some possibly several hours. The occupant/owners of the third and fourth floor residential units would have an expectancy of 24/7 use of parking tied to their occupancy. The applicant is also proposing portions of the building to extend into the Kavanaugh Blvd. and N. Fillmore Street rights-of-way, which also indicates an overbuilding of the site. Staff believes the proposed development is too intense for this 7,000 square foot lot along Kavanaugh Blvd. and that the development will have adverse impacts on the surrounding property owners and the parking demand in this general area. D.Staff Recommendation: Staff recommends denial of the requested building height, setback and parking variances. Board of Adjustment (December 10, 2018) Staff informed the Board that on December 4, 2018 the applicant submitted a letter to staff requesting this application be deferred to the January 28, 2019 agenda. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the January 28, 2019 agenda. The vote was 3 ayes, 0 noes, 1 absent and 1 open position. Board of Adjustment (January 28, 2019) Staff informed the Board that on January 18, 2019 the applicant submitted a letter to staff requesting this application be deferred to the March 25, 2019 agenda. Staff supported the deferral request. 4 MARCH 25, 2019 ITEM NO.: A (CON'T.) 2-8257-B The item was placed on the consent agenda and deferred to the March 25, 2019 agenda. The vote was 3 ayes, 0 noes, 1 recusal (Lindsey-Polk) and 1 open position. Staff Update: The applicant submitted a revised site plan and additional information to staff on February 26, 2019. The revised plan lowers the proposed building height from four (4) stories (52 feet) to two (2) stories (approximately 30 feet), with a new exterior building design (masonry exterior). The new building elevations are attached for Board review. The reduction in building height eliminates the need for a building height variance. The proposed two (2) story building will continue to occupy essentially the same footprint as the original proposal. Therefore, the requested building setback variance will remain the same as noted in paragraph C. of the staff report. The new building design contains no balconies. There will be three (3) parking spaces located at the rear (south end) of the property under the second floor of the building. The applicant provided the following updated information with respect to building area and use of each floor: •First Floor: Approximately 4700 net s.f. area will be for retail use facing Kavanaugh Blvd. and Fillmore St. This lease space would be sub dividable and may be retail sales or restaurant/coffee shop space that may change over time. Three parking spaces (under the upper floors of the building) would be provided and accessed off the alley for building tenants. In addition an enclosed trash room would be an adjacent space at the southeast corner of the building facing the alley. •Second Floor: An approximately 6630 s.f. Dental Office practice for a well respected local dentist would be relocated to this floor and patients would access the practice via a small stair and elevator lobby on Kavanaugh Blvd. •Mezzanine: Just above the parking area, between the first and second floors is an 1130 net s.f. mezzanine for mechanical, electrical and service space with the remaining available to dental practice "off stage" needs. •The Dental clinic will begin with 6 employees and if the practice grows to two doctors (which is the plan) they will have 10 employees. The applicant also continues to request a variance for reduced off-street parking, as noted in paragraph C. of the staff report. As noted previously, there will be three (3) off-street spaces located at the rear of the property accessed from the alley right-of-way. Additionally, there will be eight (8) on-street spaces located adjacent to the new building development, along Kavanaugh Blvd. and N. Fillmore Street. The applicant has also submitted a written agreement with Iberia Bank to use 25 off-street parking spaces on the parking deck/roof of the bank building at 5800 "R" Street, approximately two (2) blocks to the west. The bank parking deck has 100 spaces, of which 75 are required by code for 5 MARCH 25, 2019 ITEM NO.: A (CONT.) Z-8257-8 the bank use. The remaining 25 spaces will be available for use by tenants of the subject property. Employees of the dental clinic and uses of the first floor will be able to utilize the parking deck. Staff is supportive of the revised plans, including parking and building setback variances. Staff feels that the applicant has addressed the two (2) major issues previously raised by staff, by eliminating the building height variance and by providing off-site parking for the project. The proposed building with reduced setbacks will not be out of character with many other commercial buildings throughout the Heights area, especially along Kavanaugh Blvd. Staff's support of the parking variance is based on the applicant maintaining the parking agreement with Iberia Bank. Staff feels that with parking for the employees of the building, adequate on-street parking will exist in the area to serve the new building. Staff has supported similar other parking variances (for restaurants) along Kavanaugh Blvd. in the past. Staff believes that the new building with building setback and parking variances will have no adverse impact on the adjacent properties or the general area. Revise Staff Recommendation: Staff recommends approval of the revised building setback and parking variances, subject to the following conditions: 1.Compliance with the requirements as noted in paragraphs A and B of the staff report. 2.The lease (use) agreement for a portion of the existing parking deck at 5800 "R" Street (Iberia Bank) must be maintained. If the lease (use) agreement expires, the parking variance will become void and the parking variance must be brought back to the Board of Adjustment for further consideration. Board of Adjustment (March 25, 2019) 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 staff, including all staff comments and conditions. The vote was 4 ayes, 0 noes, 0 absent and 1 open position. 6 February 26, 2019 Department of Zoning and Development City of Little Rock 723 West Markham Little Rock, Arkansas 72201 RE: 5701 Kavanaugh Blvd., Little Rock, AR: Revised Application for Zoning Variance for Lot 1 and Lot 2 on the Southwest Corner of Kavan augh Blvd. and Fillmore Street. 5701 Kavanaugh LLC purchased two lots at the southwest corner of Kavanaugh Blvd and Fillmore Street in the commercial/retail district in the Heights. The previous facility consisted of a Quonset hut on the corner, a two story building south of that and a small one story building next to the alley. An Allied Bank branch occupied the first floor facing Kavanaugh and was the main tenant. Upstairs was a party facility and the small one story building housed a retail shop. The existing group of stru ctures, like most all buildings on that block, was placed as typical of a downtown shopping district with property line to property line structures that extend to the public sidewalks. These buildings were recently removed from the site. Concept The desire of the development team is to create an urban mixed use development that engages what is a very vibrant urban neighborhood. The development team, desiring to meet the wishes and expectations of the neighbors, has modified this request to a two story building designed in a traditional downtown commercial/retail establishment style. It will include the following program elements: •First Floor: Approximately 4700 net s.f. area will be for retail use facing Kavanaugh Blvd. and Fillmore St. This lease space would be sub dividable and may be retail sales or restaurant/coffee shop space that may change over time. Three parking spaces (under the upper floors of the building) would be provided and accessed off the alley for building tenants. In addition an enclosed trash room would be in an adjacent space at the southeast corner of the building facing the alley. •Second Floor: An approximately 6630 net s.f. Dental Office practice for a well respected local dentist would be relocated to this floor and patients would access the practice via a small stair and elevator lobby on Kavanaugh Blvd. •Mezzanine: Just above the parking area, between the first and second floors is an 1130 net s.f. mezzanine for mechanical, electrical and service space with the remaining available to dental practice "off stage" needs. Zoning Variances Requested: The site is zoned C-3 which has the following requirements that are not met with this proposed design: •25' setbacks at Kavanaugh Blvd. and Fillmore St. •15' setback at the alley •Off street parking as required by Section 36-502. Our reasons to request these variances include the following: •The context of the neighborhood which makes it so appealing is its urban retail use in which the buildings are built to the sidewalk (property line) for a walkable community. We are requesting to continue this layout concept as it presently exists and neighbors to the east and west currently enjoy. •In urban settings such as this, parking is usually handled in the city street grid. The Kavanaugh shopping district currently follows this concept. Off street parking on one of these sites would render the property useless for anything more than a parking lot. It would destroy the urban character of the neighborhood. To help alleviate expressed concerns, the building owners have developed a Memorandum of Agreement (MOA) with Iberia Bank to accommodate clinic tenant parking needs during the weekday at their adjacent facility. See Attached MOA. We believe this mixed use building will enhance the current neighborhood and add to its current vitality. We are asking for your consideration of these variances. Please contact me with any questions or comments. /Res ecffully: / 0 �/ /';/_µ:_ ,I Hrand DuValian II, AIA Page 2 of 2 MARCH 25, 2019 ITEM NO.: B File No.: Z-9392 Owner: The Student Loan Guarantee Foundation of Arkansas Applicant: Mark Rose, KATV Address: 10 Turtle Creek Lane Description: Tract M-2A, Riverdale Addition Zoned: O-3 Variance Requested: A variance is requested from the height provisions of Section 36-201 to allow a broadcast tower with increased height. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Office Building Proposed Use of Property: Office Building with broadcast studio STAFF REPORT A.Public Works Issues: 1.Public Works staff has no comment on the variance to Section 36-201. 2.Public Works staff has not reviewed any other part of this project at this time, and additional comments may be provided prior to approval of the building permit. B.Staff Analysis: The 0-3 zoned property at 10 Turtle Creek Lane is occupied by a two-story office building located within the south half of the overall 3.98 acre property. The property is located on the north side of Turtle Creek Lane, between Brookwood Drive and Riverfront Drive. A driveway from Turtle Creek Lane and a driveway from Brookwood Drive serve as access to the property. Paved parking is located on the south and west sides of the building. The north half of the overall property is undeveloped and grass covered. Sinclair Broadcast Group/KA TV is in the process of purchasing this property at 10 Turtle Creek Lane, with the intent of relocating their broadcast studio from its current location at 410 Main Street. As part of the relocation, the applicant proposes to construct a 100 foot tall broadcast tower within the undeveloped, north portion of the property, as noted on the attached site plan. The proposed tower will be a MARCH 25, 2019 ITEM NO.: B (CON'T.) Z-9392 self-supporting metal truss frame tower. The proposed tower will be located well over 100 feet back from the building and all property lines. The tower structure finish will be galvanized steel. A small antenna or dish will be attached to the tower structure near the top, but will not extend past the top of the 100 foot tall tower. Section 36-201 (e)(1 )a. of the City's Zoning Ordinance allows a maximum tower height of 75 feet for metal ground-mounted towers. Therefore, the applicant is requesting a variance to allow the proposed tower with increased height. Staff is supportive of the requested tower height variance. Staff views the request as reasonable. The proposed tower height of 100 feet will not be out of character with the heights of other buildings and tower structures in this general area. Signal Media Radio at 2400 Cottondale Lane has a 154 foot tall broadcast tower. There are also several multi-story buildings in this area along Riverfront Drive. The applicant notes that studies were conducted and it was determined that the absolute minimum tower height that will work for this location is 100 feet. Staff believes the proposed 100 foot tall tower at this location will have no adverse impact on the adjacent properties or the general area. C.Staff Recommendation: Staff recommends approval of the requested tower height variance, as filed. Board of Adjustment (February 25, 2019) Mark Rose and Joe White were present, representing the application. There were several objectors present. Staff presented the application with a recommendation of approval. Marks Rose addressed the Board in support of the application. He explained that the proposed height of the tower was planned for long term use of the tower structure. He noted that there would be no lights on the tower. He explained that the width of the tower narrowed as the height of the tower increased. Joe White also spoke in support of the application. He explained that the elevation of the proposed tower site was 252 feet and that the elevation of the Treetops condo development was approximately 356 to 360 feet. He further explained that the Treetops condos owners would look down on and over the proposed tower and not into the tower. He noted that the proposed tower should not adversely impact the view of the river from the condos. Bob McKuin addressed the Board in opposition. He noted that he was opposed to the tower's close proximity to nearby multi-family developments. He stated that the variance should be denied. Bob Ratchford also spoke in opposition. He explained that the tower would impact the views from his condo. He noted that the tower would devalue his property. He asked that the application be deferred. 2 MARCH 25, 2019 ITEM NO.: B (CONT.) Z-9392 James Corner also spoke in opposition. He also stated that views from his condo would be impacted. He noted that towers were not allowed in office zoning and quoted from the zoning ordinance. Jack Cherry also spoke in opposition. He asked for a deferral to allow more time for questions about the tower to be answered. Dana Carney, of the Planning Staff, explained that towers were accessory uses to broadcast studios and that towers were permitted in office zoning. Joe White further explained that the elevation of the top of the tower was less than the elevation of the Treetops property. Chairman Allison offered a deferral to the applicant based on the fact that only three (3) members of the Board were present. Mr. White requested to move forward. Chairman Allison noted that he had issues that needed to be addressed. Sherri Latimer, City Attorney, noted that the Board could defer an application on its own motion. A motion was made to defer the application to the March 25, 2019 agenda. The vote was 3 ayes, 0 noes, 1 absent and 1 open position. The application was deferred. Staff Update: The applicant submitted a revised site plan to staff on May 6, 2019. The revised site plan moves the tower location slightly to the west, within the west portion of the north yard area. The proposed tower will be located 170 feet from the north property line, 100 feet from the.west property line, and over 200 feet from the east and south property lines. The applicant notes that the location of the proposed tower was moved to provide a better signal than would be accomplished at the original location. The applicant also notes that additional information on health/safety issues and sight distance/visibility issues will be presented at the March 25, 2019 public hearing. The information will include photos with a simulation of the tower depicted. Staff continues to be supportive of the requested tower height variance. Board of Adjustment (March 25, 2019) Staff informed the Board that on March 18, 2019 the applicant submitted a letter to staff requesting this application be deferred to the April 29, 2019 agenda. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the April 29, 2019 agenda. The vote was 4 ayes, 0 noes, 0 absent and 1 open position. 3 DJ KATV 501.324.7777 • katv.com •PO Box 77 Little Rock, AR 72203 January 29, 2019 Mr. Dana Carney City of Little Rock Department of Planning and Development 723 West Markham Little Rock, Arkansas. 72201 RE: 10 Turtle Creek Lane Zoning variance request Mr. Carney, Attached please find the zoning variance application for 10 Turtle Creek Lane. This site is in the Riverdale neighborhood of Little Rock and is zoned 0-3. We are requesting a variance to the height limit of 75 feet in order to place a 100 foot tall broadcast tower on the site. Sinclair Broadcast Group/ KATV is in the process of purchasing this property which is currently owned by the Student Loan Foundation. KATV Intends to relocate their broadcast studio operations from their current location at 410 Main Street to the building at 10 Turtle Creek. The broadcast signal function of the station has certain requirements that can only be met by the placement of a tower on this site. Studies have been conducted to determine that the absolute minimum height for a tower at this location is 100 feet. The proposed tower is a self-supporting truss frame type tower typical to these functions. A 154' tall tower of similar construction is located at the Signal Media radio station at 2400 Cottondale Lane near the Verizon campus in Riverdale. Drawings and photographs of the type of tower proposed are attached to this request. The tower structure finish would be galvanized steel. A small antenna or dish would be attached to the side of the tower structure near the top but would not extend past the top of the 100-foot tower. The height of this tower is below the threshold that would require a beacon light at the top, so no light will be placed. Given that the tower is critical to provide a broadcast signal and fundamental to station operation, we respectfully request a variance to the 0-3 height limit of 75 feet to allow this tower height of 100 feet. We believe that the variance is justified and will be a benign element in the neighborhood landscape. Please place this item on the Board of Adjustment docket for the February 25, 2019 meeting. Don't hesitate to call us if you have any questions or require any additional information. Thank you, Mark Rose General Manager cc: Mr. Bill Russell, Sinclair Broadcast Group Mr. David Porter, AIA, Principal I CEO ON YOUR SIDE MARCH 25, 2019 ITEM NO.: 1 File No.: Z-5006-A Owner: MJH Trust Applicant: Bradley A Peterson Address: 4820 Stonewall Road Description: Lots 10 and 11, Block 6, Country Club Heights Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a new residence with reduced side setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant lot Proposed Use of Property: Single Family Residential STAFF REPORT A Public Works Issues: 1.Public Works staff has no comments in regard to the side setback variance. 2.Further encroachment into the public alley is prohibited. Any new construction within the Public Alley must fall within the footprint of existing privately constructed landscaping and improvements. B.Staff Analysis: The R-2 zoned property located at 4820 Stonewall Road is currently undeveloped and vacant. A single family residence which previously existed on the property was recently removed. The property is located on the north side of Stonewall Road, east of N. Van Buren Street. An alley right-of-way is located along the east side property line. The property slopes upward from south (front) to north (rear). The rear portion of the property is approximately 22 feet higher in elevation than the front yard area. The applicant proposes to construct a new two-story single family residence on the property, as noted on the attached site plan. The proposed residence will be located over 60 feet back from the front (south) property line and 35 to 47 feet back from the rear (north) property line. The residence is proposed to have five (5) foot setbacks from the east and west side property lines. Steps within the front yard area will constructed to follow the slope (below grade) of the yard, within landscaped areas. An access drive from the alley right-of-way will serve the garage portion of the residence, along its east side. MARCH 25, 2019 ITEM NO.: 1 (CON'T.) Z-5006-A Section 36-254(d) (2) of the City's Zoning Ordinance requires minimum side setbacks of eight (8) feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance from this ordinance requirement to allow the new residence with reduced side setbacks of five (5) feet. Staff is supportive of the requested variance to allow reduced side setbacks for the new residence. Staff views the request as reasonable. The typical lot width within this neighborhood is 50 feet. Therefore, there are a number of residences throughout the neighborhood with five (5) foot or less side building setbacks. As such, the proposed five (5) foot side setbacks for the new residence will not be out of character with the overall neighborhood. The subject property is comprised of two (2) platted lots, and the applicant is locating the new residence with much greater front and rear setbacks than are required by code. The proposed residence will cover a much smaller percentage of the overall lot than most other houses in the neighborhood. Staff believes the proposed residence with reduced side setbacks will have no adverse impact on the adjacent properties or the general area. C.Staff Recommendation: Staff recommends approval of the requested side setback variance, subject to compliance with the Public Works requirement as noted in paragraph A of the staff report. Board of Adjustment (March 25, 2019) 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 staff, including all staff comments and conditions. The vote was 4 ayes, 0 noes, 0 absent and 1 open position. 2 10825 Financial Centre Parkway, Suite 300 Little Rock, Arkansas 72211 501.664.3245 (ph) 501.664.6704 (fax) February 26, 2019 Mr. Dana Carney Zoning & Subdivision Manager Little Rock Planning & Development 723 W. Markham Street Little Rock, AR 72201 RE: 4820 Stonewall Road Residential Zoning Setback Variance CTA Job No. 19801700 Dear Mr. Carney: Please accept the enclosed residential zoning variance request application for the above referenced project. The proposed project includes the development of a 2-story residential structure with basement on a 0.39 acre proper ty. Attached are 6 copies of the current site plan and survey with 1 copy of the latest building plans. A variance for 5' side setbacks is requested to allow for development on an excessively sloped lot with side alley access. Access to the garage parking will remain from the alley along the east side of the property. The excessive slope of the lot prevents the garage parking from being placed elsewhere than immediately adjacent to the alley. The lot width dedicated to garage parking necessitates a reduced setback to allow for construction of the new residence. We request this application be considered at the earliest available Board of Adjustment meeting agenda. Should you have any questions, or require any additional information, please contact us at your convenience. Sincerely, Bradley A. Peterson, PE Crafton Tull Attachment: Residential Zoning Variance Application Site Plan (6 Copies) Boundary Survey (6 Copies) Building Plans (1 Copy) Review Fee Check www. craftontuII. com MARCH 25, 2019 ITEM NO.: 2 File No.: Z-9400 Owner: Off the Front, LLC Applicant: Lillian H. McRae, Cromwell Architects Engineers Address: 1509 Rebsamen Park Road Description: Lot 1, Rosenbaum Acres Addition Variance Requested: Variances are requested from the building line provisions of Section 31-12, the area provisions of Section 36-301 and the parking provisions of Section 36-502 to allow an addition to an existing commercial building with a reduced front setback and which crosses a front platted building line, and a reduced number of off-street parking spaces. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Restaurant, food production and sake brewery STAFF REPORT A.Public Works Issues: 1.Public Works staff has no comments in regard to the setback variances. 2.A grading permit is not required for the proposed site work. However, all construction work must include appropriate drainage and erosion control measures (i.e. hay bales, silt fencing, mulching etc.) to protect the municipal storm water drainage system and neighboring properties from sediment runoff. New development may be subject to inspections for compliance. 3.Prior to approval of the building permit, the applicant must agree to provide boundary street improvements. 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, missing, and noncompliant curb and gutter, sidewalk, access ramps or concrete driveway aprons within the public right-of-way adjacent to the site. Remove abandoned driveway cuts and replace with curb, gutter, and sidewalk. All work within the public right-of-way shall conform to City of Little Rock Standard Details and ADA guidelines. FEBRUARY 25, 2019 ITEM NO.: 2 (CONT.) Z-9400 4.Prior to approval of the building permit, all proposed striping and signage must conform to the Manual of Uniform Traffic Control Devices, and designs are subject to approval by the Public Works department. 5.Prior to approval of the building permit, any proposed landscaping must provide safe sight distance at the adjacent intersection. Landscaping located within the 50 foot sight triangle at the intersection of Rebsamen Park Drive and Old Cantrell Road must be maintained below a height of 30 inches. Landscaping within the right of way may be subject to a franchise agreement with the Public Works. 6.The Public Works may provide additional comments or conditions prior to approval of the building permit. B. Landscape and Buffer Issues: 1.Site plan must comply with the Little Rock Zoning Ordinance and the City's minimal landscape and buffer ordinance requirements. Any new development shall adhere to the current landscape code. 2.Any existing vehicular use area that does not meet current code requirements may continue as nonconforming until such time a building permit is issued to rehabilitate a structure on the property exceeding fifty (50) percent of the current replacement cost of the structure. At such time fifty (50) percent of the existing vehicular use area shall be brought into compliance with current code and shall continue to full compliance on a graduated scale based upon the percentage of rehabilitation cost. 3.All ground or roof mounted mechanical systems shall be screened from abutting properties and streets. Any trash receptacles or pickup shall be oriented away from a primary street side of the property and screened from the public right-of-way. Screen shall exceed the height of the dumpster or trash containment areas by at least two (2) feet not to exceed eight (8) feet total height. 4.The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. C. Staff Analysis: The C-3 zoned property at 1509 Rebsamen Park Road is occupied by a one-story commercial building The property is located on the east side of Rebsamen Park Road, at its intersection with Old Cantrell Road. Paved parking is located along the north and east sides of the existing building. An access driveway is located at the northwest corner of the property. The lot contains a 40 foot platted front 2 FEBRUARY 25, 2019 ITEM NO.: 2 (CONT.) Z-9400 setback line. A small portion of the existing building crosses the front platted building line by approximately nine (9) feet to 22 feet. The property backs up to a railroad right-of-way and drainage area. The applicant proposes to remove approximately 2,500 square feet of the front of the existing building and reconstruct the front portion of the building with approximately 3,356 square feet of building space, as noted on the attached site plan. The front 3,356 square foot portion of the building will be utilized as a restaurant use, with a new 1, 186 patio/outdoor seating area on the front of the building. The patio area will be uncovered and unenclosed. The area will be bordered with a short fence. The remaining 7,634 square feet of the building will be used for food production and a sake brewery. As part of the project the applicant will refurbish the existing paved parking on the north and east sides of the building. The site will contain 32 paved parking spaces. The applicant is requesting three (3) variances with the proposed redevelopment of the property. The first variance is from the area provisions of 36-301 (e) (1) of the City's Zoning Ordinance. This section requires a minimum front setback of 25 feet. The reconstructed portion of the front of the existing building will be located approximately 13 feet to 33 feet back from the front (west) property line. The second variance is from the building line provisions of Section 31-12 (b) of the Subdivision Ordinance which requires platted building line encroachments be reviewed and approved by the Board of Adjustment. The proposed reconstruction of the front portion of the existing building will extend across the 40 foot front platted building line by approximately seven (7) feet to 27 feet. The last variance is from the parking provisions of Section 36-502 (b) (3) which requires 52 paved on-site parking spaces for the proposed use of the building. As noted previously, the site will contain 32 paved parking spaces. Staff supports the requested building line and building setback variances. Staff views this request as reasonable. The reconstructed front portion of the commercial building will maintain essentially the same front setback and building line encroachment as the existing building. Additionally, the proposed front setback will not be out of character with other commercial buildings in this area. The existing commercial buildings to the north have similar front building setbacks. However, staff cannot support the requested parking variance. Staff has concerns that the amount of parking proposed will not be enough to serve the proposed use of the building. The applicant has not proposed any off-site parking to accommodate the shortage of on-site spaces. Additionally, on-street parking is not allowed in this area. In the past, staff has supported parking variances in this general area when the applicant provides a combination of on-site and off-site spaces to either meet or come very close to meeting the minimum required by code. 3 FEBRUARY 25, 2019 ITEM NO.: 2 (CONT.) Z-9400 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. D.Staff Recommendation: Staff recommends denial of the requested setback, building line and parking variances, as filed. Board of Adjustment (March 25, 2019) Staff informed the Board that the application needed to be deferred to the April 29, 2019 agenda, based on the fact that the applicant failed to send the required notifications to surrounding property owners. The item was placed on the consent agenda and deferred to the April 29, 2019 agenda. The vote was 4 ayes, 0 noes, 0 absent and 1 open position. 4 February 25, 2019 Mr. Monte Moore Zoning Administrator Department of Planning and Development 723 West Markham Little Rock, Arkansas 72201 RE: 1509 Rebsamen Park Road, Application for a Non-residential Zoning Variance Dear Monte, Please find enclosed our application for a Non-residential Zoning Variance. We are converting a portion of the existing structure into a storage and production space for a new restaurant that will be built on the site and includes an on-site outdoor dining space and an indoor food and beverage operation. We propose a redevelopment of 1509 Rebsamen Park Road, formally known as the Marshall Clements Antique Store, which is consistent in principle with the work that has been done developing downtown Riverdale with new restaurants and bar locations. The strict application of the Zoning Ordinance would result in practical difficulties or unnecessary hardship of the general purpose and intent of the Zoning Ordinance of the City of Little Rock. The occupant, Three Fold, plans to use the property as a restaurant with indoor and outdoor dining space featuring a bar and on site sake brewery. Specifically, Three Fold anticipates indoor seating to be between 100-110 people and outdoor seating, to be between roughly 15-20 people. With the successful approvals of the City and state requirements, Three Fold hopes to begin operating as a restaurant and brewery in the Spring of 2019. Please do not hesitate to contact us with any questions or concerns about the project development. Thank you, Lillian H. McRae BOARD OF ADJUSTMENT VOTE RECORD DATE: .\'-,,�t_� 1& l-0\ °'1 MEMBER ALLISON, FRANK BERTRAM, JAM ES GRINDER, AUSTIN LINDSEY POLK, CAROLYN .. rJ?i� TIME IN AND TIME OUT ALLISON, FRANK BERTRAM, JAM ES GRINDER, AUSTIN LINDSEY POLK, CAROLYN ---oft, - C/JYlSYi f' l1U1v�A A t l J.. v ...,... .,./ ._. V V ._. ......... V ..,,,,. .......--v' --I,.,"" v v -- / AYE __ NAVE _A__ABSENT �ABSTAIN Meeting Adjourned 2 � o 5 P.M. MARCH 25, 2019 There being no further business before the Board, the meeting was adjourned at 2:05 p.m. Date: __ 1'_/_2_9_/;_9 __ _ Chairman Secretary