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boa_11 19 2020LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE NOVEMBER 19, 2020 4:00 P.M. I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the October 15, 2020 meeting of the Board of Adjustment Ill. Presentation of Consent Agenda IV. Presentation of Hearing Items LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES NOVEMBER 19, 2020 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being five (5) in number. II. Approval of the Minutes of the October 15, 2020 meeting of the Board of Adjustment The Minutes of the October 15, 2020 meeting were approved. Members Present: Frank Allison -Chairman Richard Bertram-Vice Chair Justin Grinder Katherine Lashley Members Absent: Joe Justus (due to video malfunction) City Attorney Present: Sherri Latimer LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA NOVEMBER 19, 2020 4:00 P.M. I. OLD BUSINESS: No Old Business II. NEW BUSINESS: 1. Z-6732-B 811 E. 4th Street 2. Z-9541 1712 N. Tyler Street 3. Z-9542 MEMS 1121 W. 7th Street 4. Z-9547 501 N. Cedar Street 5. 2021 Board of Adjustment calendar NOVEMBER 19, 2020 ITEM NO. 1 Z-6732-B File No.: Z-6732-B Owner: Darshan Patel Applicant: Arkansas Sign & Neon, Inc., Attn. David Ashley Address: 811 East 4th Street Description: Rector Town Addition, Lots 1 through 6, Block 9 Zoned: UU (Urban Use) Variance Requested: Justification: Variances from the Signs provisions of Section 36-342 to permit a ground-mounted sign in the UU (Urban Use) District, and from the Signs provisions of Section 36-557 to permit a building mounted sign adjacent to private (non-right­ of-way) property. Present Use: Recently vacant/undeveloped; presently under construction Proposed Use: Hotel STAFF REPORT Hotel owners wish for ground mounted sign to identify hotel location for local street motorists, and the south-facing building mounted sign for high speed freeway motorists. A. Planning and Development Civil Engineering: No Comment. B. Buffering and Landscape: No Comment. C. Building Codes: No Comment. D. Staff Analysis: The subject property abuts E. 4th Street to the north, Collins Street to the east, and Rector Street to the west. 1-30 lies just west of Rector Street, which functions somewhat as a freeway frontage road at this location. The site lies just within the UU (Urban Use) zoning district which comprises roughly 12 square blocks in the immediate vicinity. A five-story hotel and associated parking is under construction and substantially complete on the site, with surface parking lot access drives from Rector and Collins Streets. The site also lies within the Presidential Park Design Overlay District, which has no bearing on the subject variance requests. 1 NOVEMBER 19, 2020 ITEM NO. 1 (Cont'd) Z-6732-B The applicant proposes to erect a ground-mounted (monument) sign near the northwest corner of the subject site, at the intersection of E. 4th and Rector Streets, and, install a building mounted (wall) sign facing the undeveloped private property lying immediately south of the site. Section 36-342.1 (c)(11) of the Little Rock Municipal Code states, "Ground mounted signs are discouraged and may only be permitted as a variance per Division 2 of this chapter." Section 36-557(a) of the Municipal Code states, "All on-premises wall signs must face required street frontage except in complexes where a sign without street frontage would be the only means of identification for a tenant." The proposed ground mounted hotel sign is 8 feet in total height, with approximately 12 square feet of sign face area. Other districts within the City allow 8-foot and 10- foot high signs with up to 100 square feet of area, and three nearby ground mounted signs within the neighboring area feature heights between 21 and 40 feet, all with sign faces exceeding 25 square feet. The subject ground sign is proposed within a context of higher-volume commercial and industrial traffic less than 150 feet from Interstate 30, and the only identifying signage for the hotel are the wall mounted hotel signs, approximately 50 feet above ground level. Within the above-described context, the requested ground mounted sign is not inappropriate for pedestrian-and motorist-level wayfinding in the surrounding area. The proposed wall sign conforms with guidelines for building mounted signs in all respects, with exception of its southward orientation adjacent to a presently undeveloped lot. The relationship of the southern face of the hotel to the very nearby northbound lanes of 1-30 implies the need for the proposed wall sign, which will be the only sign visible to high-speed northbound freeway traffic. Based on the above assessment and analysis, staff finds the requested variances to be reasonable. E. Staff Recommendation: Staff recommends approval of the requested ground mounted and wall mounted signs as reflected in the submitted plans and elevations, with the following condition: Add street addresses to the ground mounted (monument) sign per Section 36- 557(f): "All on-premises ground-mounted signs shall have located on the face of the sign, in characters no less than six (6) inches in height, the street address number of the business identified by the sign. In the case of a double-faced ground-mounted sign, the street address number shall be located on each face of the sign." 2 NOVEMBER 19, 2020 ITEM NO. 1 (Cont'd) Z-6732-B Board of Adjustment (November 19, 2020) The applicant was present. There were no persons present registered in opposition. Staff presented the item and a recommendation of approval as outlined in the "Staff Recommendation" above. There was no further discussion. The item remained on the Consent Agenda for approval. A motion was made and seconded to approve the Consent Agenda. The vote was 4 ayes, 0 noes, 1 "considered absent" (Justus) due to video malfunction. 3 NOVEMBER 19, 2020 ITEM NO. 2 Z-9541 File No.: Z-9541 Owner/Applicant: Christi Willson, Authorized Agent Address: 1712 North Tyler Street Description: Lot 2, Block 19, Mountain Park, an Addition to the City of Little Rock, Arkansas Zoned: R-2 Variances Requested: A request from the area provisions of Sec. 36-254(d)(2) to allow a reduced side yard setback, and a request from the area provisions of Sec. 36-254(d)(3) to allow a reduced rear yard setback in an R-2 District. Justification: Presented in letter dated September 19, 2020 (attached.) Present Use: Single-Family Residential Proposed Use: Single-Family Residential STAFF REPORT A. Planning and Development Civil Engineering: No comment. B. Buffering and Landscape: In October 2020 the City adopted the "Heights Landscape Design Overlay District," requiring installation of one tree per 40 linear feet of street frontage within the Heights District Boundary, applicable to [among other types] residential construction in excess of 600 square feet. C. Building Codes: No comment. D. Staff Analysis: The subject property at 1712 N. Tyler Street lies within a predominantly R-2 zoned neighborhood, and within the Heights Landscape Design Overlay District which generally has no bearing on the subject variance requests. The site is occupied by an existing two-story single-family home, and an existing swimming pool occupies approximately 266 square feet of the required 25-foot rear yard. The applicant proposes to convert an existing attached two-car garage into a finished living space and add a new 29-foot deep by 20-foot wide two-car garage to the rear of the renovated principal residence. As with existing conditions, the proposed garage will be accessed via the rear alleyway. All structures are proposed to match existing exterior construction, materially. In implementing the above-described work, the existing side yard setback reduction would be extended westward an additional 29 feet and be a minimum of 4.6 feet in width, and the rear yard setback would be reduced by 20 to 21 feet, to a point 4.6 feet from the rear property line. Section 36-254(d)(2) typically requires a minimum side yard setback of five feet for the addition, and Sec. 36-254(d)(3) requires a minimum rear yard setback of 25 feet. 1 NOVEMBER 19, 2020 ITEM NO. 2 Z-9541 The adjacent property to the north was granted a variance for a 21-foot width two­ car garage, constructed in 2003, and the owners have indicated their support of the subject proposal in writing. Four additional neighbors have provided written support of the requested variances. As of the time of this writing, no opposing correspondence has been received. Staff finds the request to generally be in conformance with the development pattern in the Heights neighborhood and nearby area, and based on the above assessment and analysis, finds the requested variances to be reasonable. E. Staff Recommendation: Staff recommends approval of the requested northern side yard setback reduction from 5.0 feet to a minimum of 4.6 feet, and of the requested rear yard setback reduction from 25.0 feet to a minimum of 4.6 feet, with the following conditions: 1. No additional principal or accessory structure(s) may be added to the property in the future. 2. Install trees, if deemed applicable at the time of building permitting, in accordance with Heights Landscape Design Overlay District requirements. Board of Adjustment (November 19, 2020) The applicant was present. There were no persons present registered in opposition. Staff presented the item and a recommendation of approval as outlined in the "Staff Recommendation" above. There was no further discussion. The item remained on the Consent Agenda for approval. A motion was made and seconded to approve the Consent Agenda. The vote was 4 ayes, 0 noes, 1 "considered absent" (Justus) due to video malfunction. 2 NOVEMBER 19, 2020 ITEM NO. 3 Z-9542 File No.: Z-9542 Owner: Metropolitan Emergency Medical Services (MEMS) Jon Swanson, Executive Director Applicant: Crafton Tull, attn. Frank Riggins Property Address: 1121 West 7th Street Legal Description: Lots 7, 8, 9 and 10, Block 263, original City of Little Rock, Pulaski County, Arkansas. Less and except that part of Lot 7 and 8, Block 263, conveyed to the Arkansas State Highway Commission by warranty deed of record in Deed Book 1403, page 223, Records of Pulaski County, Arkansas. Zoned: UU (Urban Use) and PD-O (Planned Development-Office) Variances Requested: Variances from the Required Buffers provisions of Sections 36-522(a)(2) and 36-522(a)(3) to permit street buffers less than thirty feet in width; and, from the Landscaping provisions of Section 36-342.1 (c)(5)(b) to exclude street trees and planters. Justification: Presented in letter dated September 29, 2020 (attached.) Present Use: VacanUUndeveloped Proposed Use: Surface Parking for Special Vehicles and Mobile Equipment STAFF REPORT A. Planning and Development Civil Engineering: 1. After the issuance of the Building Permit, close any driveway(s) not intended for use. 2. On-site striping and signage plans shall be forwarded to Public Works, Traffic Engineering for approval with the site development package. 3. Obtain applicable permits prior to implementing curb cuts or street cuts. Obtain barricade permit prior to any work in the right-of-way. Contact Travis Herbner, Traffic Engineering (501 )379-1805 for more information. 4. Damage to public and private property due to construction hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. B. Buffering and Landscape: 1. Site plan must comply with the City's minimum landscape / buffer ordinance requirements. 2. 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. A twenty-five percent reduction of the landscape provisions can be taken for developments 1 NOVEMBER 19, 2020 ITEM NO. 3 (Cont'd.) Z-9542 within mature areas. In these areas it is allowable for perimeter planting strips to be a minimum of six feet nine inches wide. One tree and three shrubs or vines shall be planted for every thirty linear feet of perimeter planting strip. 3. Screening requirements shall be met for the vehicular use areas adjacent to street rights-of-way. Provide screening shrubs with an average linear spacing of not less at three feet on center within the required landscape area. Provide trees with an average linear spacing of not less than 30 feet on center. 4. For parking areas with 12 or more spaces eight percent 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 150 square feet for developments with 150 or fewer parking spaces. 5. 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 feet wide along the vehicular use area. One tree and four shrubs shall be planted in the building landscape areas for each 40 linear feet of vehicular use area abutting the building. 6. A landscape irrigation system shall be required for developments of one acre or larger. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements may be given when preserving trees of six-inch caliper or larger. C. Building Codes: No Comment. D. Staff Analysis: The subject property comprises approximately 0.61 acres at the northwest corner of S.Chester Street and the westbound on-ramp to 1-630. Part of an overall master planned MEMS compound, the northern 75 percent of the subject site is zoned UU (Urban Use) and the southern 25 percent is zoned PD-O (Planned Development - Office.) Currently accessible from within the existing/developed MEMS site, and via an existing drive from S. Chester Street, the subject site is partially paved, contains random scrub vegetation and some mature trees. Presently, the property is generally vacant and unused. The applicant proposes to convert the subject 0.61 acres to a secured surface parking facility for MEMS special vehicles and emergency equipment by removing the S. Chester Street driveway, installing perimeter fencing and improving the entire property with curb & gutter, security lighting, heavy duty paving and striping, and associated appurtenances. As part of this work, the applicant requests to reduce the "Required Buffers" requirement of Sections 36-522(a)(2) and 36-522(a)(3) from a minimum of 30.0 feet 2 NOVEMBER 19, 2020 ITEM NO. 3 (Cont'd.) Z-9542 in width to a minimum of 6.5 feet where adjacent to the S. Chester Street and 1-630 rights-of-way. Additionally, the applicant requests to forego the Section 36- 342.1 (c)(5)(b) requirement for street trees and planters adjacent to S. Chester Street. Section 36-522(a)(3) states, "Street buffers shall be a minimum of thirty (30) feet in width when abutting an expressway except within mature areas." Section 36-522(a)(2) states, "The city official may grant not more than a twenty-five (25)percent reduction of the buffer requirements of this chapter within developments in areas designated mature in chapter 15 of this Code." And, Section 36-342.1 (c)(5)(b) states, "Street trees a minimum of three-inch caliper shall be required (type of trees as listed in landscape ordinance [chapter 15]). The trees shall be located a minimum of two (2) feet off the back of a curb and shall be thirty (30)feet on center and no closer than thirty (30) feet to a street intersection with a water source provided." Following multiple site visits and meetings with MEMS personnel, City Development staff understands the mission of MEMS to maintain a state of emergency readiness, including the convenient and safe storage of medical vehicles and trailers containing high value equipment and materials, requires a secure enclosure open to public view as well as expansive maneuvering area for extraordinarily large vehicles. The submitted site plan proposes to preserve numerous existing trees and provide alternative landscape areas, as directed by Development staff, and will significantly mitigate existing blight at the intersection of S. Chester Street and 1-630. Based on the above analysis, staff views the proposed site plan as reasonable and supports the above-described variance requests. E. Staff Recommendation: Staff recommends approval of the requested buffer reduction and elimination of street trees, in accordance with the submitted site plan and in accordance with paragraphs A, B, C and D of this Staff Report. Board of Adjustment (November 19, 2020) The applicant was present. There were no persons present registered in opposition. Staff presented the item and a recommendation of approval as outlined in the "Staff Recommendation" above. There was no further discussion. The item remained on the Consent Agenda for approval. A motion was made and seconded to approve the Consent Agenda. The vote was 4 ayes, 0 noes, 1 "considered absent" (Justus) due to video malfunction. 3 NOVEMBER 19, 2020 ITEM NO. 4 Z-9547 File No.: Z-9547 Owner/Applicant: Chelsea and Jonathan Jacobs Address: 501 N. Cedar Street Description: West 93.33 feet of Lot 10, Block 2, Pulaski Heights Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: R-3 Variances Requested: A request from the area provisions of Sec. 36-255(d)(3) to allow a reduced rear yard setback in an R-3 District. Justification: Presented in letter submitted October 10, 2020 (attached.) Present Use: Single-Family Residential Proposed Use: Single-Family Residential STAFF REPORT A. Planning and Development Civil Engineering: No comment. B. Buffering and Landscape: No comment. C. Building Codes: No comment. D. Staff Analysis: The subject property at 501 N. Cedar Street lies within a predominantly R-3 zoned neighborhood, and within the Hillcrest Design Overlay District. The site comprises a 50-foot by 93.3-foot [legally non-conforming] 4,666.5 s.f. lot, occupied by an existing one-story single-family home with on-street parking along N. Cedar Street to the west, and an 8.5-foot open-air driveway/parking space taking access to Lee Avenue to the southeast. The applicant proposes to construct an approximately 10.0-foot by 21.3-foot laundry room and bath addition to the rear (east) of the existing residence. An existing exterior flight of stairs will be relocated/reconstructed to provide access to the addition. The expansion is proposed to match existing exterior construction, materially. The existing residence encroaches the required rear yard by two feet, leaving 23 feet of existing rear yard. However, in implementing the above-described work, a rear yard setback reduction of an additional 10 feet will be necessary, extending the existing encroachment from 2 feet to a point 13 feet from the rear (east) property line. Sec. 36-255(d)(3) typically requires a minimum rear yard setback of 25 feet. 1 NOVEMBER 19, 2020 ITEM NO, 4 Z-9547 The adjacent property to the north comprises an identical 93.3-foot deep lot, with a single-family home and rear yard encroachment of undetermined yet similar depth as that of the subject request. Sec. 36-434.14A requires single story residential structures on lots of 8,000 square feet or less to maintain a Floor Area Ratio (FAR) not to exceed 0.37. After the proposed expansion, 501 N. Cedar Street will comprise an FAR of approximately 0.31. As of the time of this writing, no opposing correspondence has been received. Staff finds the request to generally be in conformance with the development pattern in the Hillcrest neighborhood and nearby area, and based on the above assessment and analysis, finds the requested variances to be reasonable. E. Staff Recommendation: Staff recommends approval of the requested rear yard setback reduction from 25.0 feet to a minimum of 13.0 feet. Board of Adjustment (November 19, 2020) The applicant was present. There were no persons present registered in opposition. Staff presented the item and a recommendation of approval as outlined in the "Staff Recommendation" above. There was no further discussion. The item remained on the Consent Agenda for approval. A motion was made and seconded to approve the Consent Agenda. The vote was 4 ayes, 0 noes, 1 "considered absent" (Justus) due to video malfunction. 2 Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (5 01)399-3435 Planning Development Building Codes 2021 BOARD OF ADJUSTMENT CALENDAR Filing Deadline (1) 10-27-20 11-17-20 12-15-20 01-19-21 02-16-21 03-23-21 04-20-21 05-18-21 06-22-21 07-20-21 08-24-21 NIA 10-19-21 11-23-21 12-21-21 Adopted by BOA: Notice To Owners Deadline (2) 12-07-20 01-11-21 02-08-21 03-08-21 04-05-21 05-10-21 06-07-21 07-05-21 08-09-21 09-06-21 10-11-21 NIA 12-06-21 01-10-22 02-07-22 November 19, 2020 Hearing Date (3) 12-17-20 01-21-21 02-18-21 03-18-21 04-15-21 05-20-21 06-17-21 07-15-21 08-19-21 09-16-21 10-21-21 No Meeting 12-16-21 01-20-22 02-17-22 Note: (1) Filing deadlines are on Tuesday unless otherwise noted. (2)Applicant is responsible for notification of all owners within 200' of subject property (or, for sign varian ces only, all adjacent owners) no later than ten (10) days prior to the hearing date. (3)Public hearings are on Thursday at 4:00 P.M. unless otherwise noted. UPON REQUEST, AN INTERPRETER WILL BE PROVIDED FOR THE HEARING IMPAIRED. REQUEST SHOULD BE MADE TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT AT LEAST TWO WORKING DAYS PRIOR TO THE SCHEDULED MEETING DATE. BOARD OF ADJUSTMENT -VOTE RECORD DATE: //. /9. Zo Time: 4:00PM Time In / Time Out ALLISON, FRANK BERTRAM, JAM ES GRINDER, AUSTIN JUSTUS, JOE LASHLEY, KATHERINE ITEM & VOTE Item Number: Minutes ALLISON, FRANK ✓ BERTRAM, JAMES ✓ GRINDER, AUSTIN ✓ JUSTUS, JOE /j * LASHLEY, KATHERINE _...,- In Out .,,/ ✓ ✓ .,,,....., 'It'- .........-- Consent i'.·�'1�Z·E! Z--"'15+1 ✓ ✓ ✓ It ?t � 0 NAVE A ABSENT R RECUSE . 'Z · '7-S4Z Z.· 9,-'f 7 zc:-z• C�lerid.:c.r Meeting Adjourned <f.-.•c; '7 PM NOVEMBER 19, 2020 There being no further business before the Board, the meeting was adjourned at 4:09 p.m. Date: Chairman Secretary