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
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/ 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