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boa_06 15 2023LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE JUNE 15, 2023 4:00 P.M. I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the May 18, 2023 meeting of the Board of Adjustment Ill. Presentation of Consent Agenda IV. Presentation of Hearing Items LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES JUNE 15, 2023 4:00 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 May 18, 2023 meeting of the Board of Adjustment Members Present: Frank Allison — Chairman Austin Grinder — Vice Chair James Harkins Jeremiah Russell Members Absent: Richard Bertram City Attorney Present: Sherri Latimer LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA JUNE 15, 2023 4:00 P.M. I. OLD BUSINESS: None II. NEW BUSINESS: 1. Z-7315-D 322 South Broadway Street 2. Z-9785 11418 West Markham Street 3. Z-9786 8023 Cantrell Road 4. Z-9793 2 South Road Terrace 5. Z-7131-D 16501 Chenal Valley Drive JUNE 15, 2023 ITEM NO. 1 Z-7315-D File No.: Z-7315-D Owners: Metropolitan Land Co. LLC Applicant: Stuart McLendon, DD17 Broadway, LLC Address: 322 S Broadway Northwest Corner of Broadway Street and W 4th Street Legal Description: Lot 7, 8, and 9, Block 118 Original City of Little Rock Zoned: UU Urban Use District Present Use: Commercial Surface Parking Proposed Use: Quick service restaurant with drive-thru (Tropical Smoothie Café) Variance(s)Requested: The sign provisions of Sec. 36-342.1 (c)(11) to permit a 12- foot-high ground mounted monument sign. Justification: The applicant's justification is presented as per the attached letter. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments B. Buffering and Landscape Comments: No Comments C. Building Codes Comments: No Comments D. Staff Analysis: Tropical Smoothie is constructing a new stand-alone, vehicular -oriented restaurant on the Urban Use (UU) zoned property at 322 S. Broadway Street. The property consists of 0.50 acres and is located at the northwest corner of Broadway and W. 4th Streets. 1 JUNE 15, 2023 ITEM NO. 1 (CON'T.) Z-7315-D In August of 2022 the applicant received approval from the Board of Adjustment for several variances from the UU district development criteria established in Section 36-342.1. As part of this approval a six (6) foot high, eight (8) foot long, two (2) foot wide ground -mounted monument sign including a stone base was allowed. The signage area, as shown in the approved graphics, was four (4) foot high and eight (8) foot long (thirty-two (32) square foot) on each side of the sign, totaling sixty-four (64) square foot. The sign was to be placed in a parking island in the southeast corner of the property adjacent to Broadway Street right-of-way. The applicant is now requesting an additional variance to allow the previously approved ground -mounted monument sign to be increased in height. The proposed sign is to be twelve (12) foot high, four (4) foot six (6) inches long, and two (2) foot four (4) inches wide, including a stone base. The proposed signage area, as shown in the submitted graphics, is to be four (4) foot four (4) inches high and four (4) foot six (6) inches long (nineteen and a half (19.5) square foot) on each side of the sign, totaling thirty-nine (39) square foot. The applicant has stated that visibility plays a critical role in insuring patrons can see the store location and have ready access. The proposed sign is indicated to be in the same area as previously approved, in a parking island in the southeast corner of the property adjacent to Broadway Street right-of-way. Staff supports the request to have a twelve (12) foot high ground -mounted sign along Broadway Street. Staff believes that the requested variance is appropriate for the pedestrian -oriented area surrounding the site. E. Staff Recommendation: Staff recommend approval of the requested ground -mounted sign variance. Board of Adjustment (JUNE 15, 2023) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the sign height variance be approved as per staff report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 4 ayes, 0 nays, 1 absent. 2 JUNE 15, 2023 ITEM NO. 2 Z-9785 File No.: Z-9785 Owner: Anchor Realty Investments, LLC Applicant: Brandon Sebald, Brew Crew, LLC Address: 11418 W. Markham Street Legal Description: Lot 2B, Sec 4, Twnshp 1 N, Rng 13W Zoned: C-3, General Commercial Present Use: Drive-thru Coffee Shop Proposed Use: Drive-thru Coffee Shop Variance(s)Requested: A variance is requested from the sign provisions of Section 36-557(a) to allow wall signs without street frontage. Justification: The applicant's justification is presented in an attached cover letter. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments B. Buffering and Landscape Comments: No Comments C. Building Codes Comments: No Comments D. Staff Analysis: The C-3 zoned property, located at 11418 W. Markham Street, is occupied by a drive-thru coffee shop, 713rew. The site is located on the north side of W. Markham Street within a shopping center, in front of Academy Sports. The building is in the center of the site, with dual paved drive-thru lanes circling the building. The applicant has been approved for sign permits for wall signs on the south (W. Markham Street) building facade. The applicant is proposing two (2) wall signs each on both the east and west building facades. The proposed signs on the 1 JUNE 15, 2023 ITEM NO. 2 (CON'T.) Z-9785 east and west building facades will occupy less than ten (10) percent of their respective facade areas. This complies with Section 36-555(a)(2)(a) of the Code. Section 36-557(a) of the City's Zoning Ordinance requires that all wall signs face street frontage. Because of the reasons described in their cover letter, the applicant is requesting a variance to allow the proposed wall signs on the east and west building facades, which have no direct street frontage. Staff is supportive of the requested variance. Staff views the request as reasonable. The proposed wall signs on the east and west building facades will be visible by both eastbound and westbound traffic on W. Markham Street. Therefore, the signs will aid in identifying the business. Additionally, the proposed signs should have no adverse impact on the adjacent properties. E. Staff Recommendation: Staff recommends approval of the requested variance to allow wall signs without street frontage, subject to the descriptions and any conditions contained in the "staff analysis". Board of Adjustment (JUNE 15, 2023) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the sign variance be approved as per the staff report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 4 ayes, 0 nays, 1 absent. 2 JUNE 15, 2023 ITEM NO. 3 Z-9786 File No.: Z-9786 Owner: TWCS Properties, LLC Applicant: Brandon Sebald, Brew Crew, LLC Address: 8023 Cantrell Road Description: Lot 2, Block 0, Sec 26, Twnshp 2N, Rng 13W Zoned: C-3, Open Display District Present Use: Drive-thru Coffee Shop Proposed Use: Drive-thru Coffee Shop Variance(s) Requested: A variance is requested from the sign provisions of Section 36- 557(a) to allow wall signs without street frontage. Justification: The applicant's justification is presented in an attached cover letter. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments B. Landscape and Buffer Comments: No Comments C. Building Codes Comments: No Comments D. Staff Analysis: The C-3 zoned property, located at 8023 Cantrell Road, is occupied by a drive-thru coffee shop, 7Brew. The site is located on the south side of Cantrell Road near the intersection of Foxcroft Road and Cantrell Road. The building is in the center of the site, with dual paved drive-thru lanes circling the building. The applicant has been approved for sign permits for wall signs on the north (Cantrell Road) building facade. The applicant is proposing two (2) wall signs each on both the east and west building facades. The proposed signs on the east and 1 JUNE 15, 2023 ITEM NO. 3 (CON'T.) Z-9786 west building facades will occupy less than ten (10) percent of their respective facade areas. This complies with Section 36-555(a)(2)(a) of the Code. Section 36-557(a) of the City's Zoning Ordinance requires that all wall signs face street frontage. Because of the reasons described in their cover letter, the applicant is requesting a variance to allow the proposed wall signs on the east and west building facades, which have no direct street frontage. Staff is supportive of the requested variance. Staff views the request as reasonable. The proposed wall signs on the east and west building facades will be visible by both eastbound and westbound traffic on W. Markham Street. Therefore, the signs will aid in identifying the business. Additionally, the proposed signs should have no adverse impact on the adjacent properties. E. Staff Recommendation, Staff recommends approval of the requested variance to allow wall signs without street frontage, subject to the descriptions and any conditions contained in the "staff analysis". Board of Adjustment (JUNE 15, 2023) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the sign variance be approved as per the staff report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 4 ayes, 0 nays, 1 absent. 2 JUNE 15, 2023 ITEM NO.: 4 Z-9793 File No.: Z-9793 Owners: Lesley Byram Applicant: Jason Duncan / Dogwood Homes Address: 2 South Road Terrace Legal Description: The East 10 Feet of Lot7, All of Lot 8, and the West 30 feet of Lot 9, City of Little Rock, Pulaski County Arkansas Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from the compliance regulations of Sec. 36-11 to allow the encroachment of a proposed structure into an easement. Justification: The applicant's justification is presented as per the attached letter dated April 13, 2023. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Buffering and Landscape Comments: No Comments. C. Building Codes Comments: No Comments. D. Staff Analysis: The property located at 2 South Road Terrace is in a predominantly R-2 zoned neighborhood and is occupied by a one-story single-family residence. A two -car wide driveway extends north from an existing carport structure and connects with 2 South Road Terrace. 1 JUNE 15, 2023 ITEM NO.: 4 (CON'T.) Z-9793 The property is located in an area with lots that extend south from Pine Valley Road and bordered by Kavanaugh Place to the east. South Road Terrace (easement) extends west from "S" Road across the lots with a thirty-two (32) foot access easement. The applicant is proposing to remove the existing carport structure, construct a new enclosed garage structure in the same location and widen the existing driveway towards the north perimeter of the property. The north perimeter of the dwelling borders a sixteen (16) foot Ingress and Egress Easement which is within the thirty- two (32) foot South Road Terrace Driveway Easement. The new garage structure will extend north from the existing dwelling and extend into the driveway easement approximately five (5) feet with the new driveway widening to the north within the driveway easement. Section 36-11 (f) states, "No building or structure as defined in this chapter shall be erected, converted, reconstructed, or structurally altered that encroaches on, over or into any easement. This includes drainage, utility access or use easements within the boundary of any lot of record, platted or otherwise established. Therefore, the applicant is requesting a variance to construct the building 5-feet into the driveway easement. Staff is supportive of the requested encroachment variance. Staff views the request as reasonable. The proposed garage expansion is compatible with the general development of the immediate area given the sloping of the site and location of the access drive in the area. Staff believes the proposed addition to the front of the dwelling will have no adverse impact on the adjacent properties or the general area. E. Staff Recommendation: Staff recommends approval of the requested easement encroachment variance subject to the comments and conditions as outlined in the "staff analysis" of the agenda staff report and the submitted site plan. Board of Adjustment (JUNE 15, 2023) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the encroachment variance be approved as per the staff report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 4 ayes, 0 nays, 1 absent. 2 JUNE 15, 2023 ITEM NO.: 5 Z-7131-D File No.: Z-7131-D Owners: Deltic -Real Estate LLC Applicant: Tim Daters, White-Daters and Associates Address: 16501 Chenal Valley Drive Legal Description: Part of the South '/2 of `Section 25, T-2-N, R-14-W, Little Rock, Pulaski County Current Zoning: MF-24 Present Use: Undeveloped Proposed Use: Senior Living Facility Variance(s) Requested: A variance is requested from the development provisions and the area provisions of Section 36-258 to allow a new building with increased building height. A variance is requested from the development provisions and the area provisions of Section 36-258 to allow a structure to be located less than the required setback from a side and rear yard property line. Justification: The applicant's justification is presented in the attached letter. STAFF REPORT: A. Planning and Development Civil Engineering Comments: No comments. B. Landscape and Buffer Comments: All landscaping and buffer areas for the new development must comply with Chapters 15 and 36 of the City of Little Rock Code of Ordinances. C. Building Codes Comments: No comments required. D. Analysis: The C-3 zoned property located along the west side of Chenal Valley Drive is comprised of 5.70 acres and is currently undeveloped. The property is mostly tree covered and generally slopes downward from south to north and from west to east. 1 JUNE 15, 2023 ITEM NO.: 5 (CON'T.) Z-7131-D The applicant proposes to construct a new senior living facility on the site as noted on the site plan. The proposed building will be centrally located on the site with living unit wings extending to the north and south connected by a centrally located common area structure. The proposed building will be four (4) stories in height, with a proposed building height of fifty-seven (57) feet, as viewed from the lowest finished floor to the highest point of the building's sloped roof. Therefore, the applicant is requesting a variance to allow the increased building height from thirty-five (35) feet to fifty-seven (57) feet. Section 36-258(c) allows a maximum building height of 35-feet for MF-24 zoned property. The proposed building will have a height of 57-feet as viewed from the low sides of the property. The site plan indicates a paved access drive with parking areas circling the building with four (4) parking garages located along the west and south perimeters of the property. The access drive connects to Chenal Valley Drive at the southeast and northwest edges of the property. The site plan indicates a proposed parking garage to be located within ten (10) feet of the west property line and a proposed parking garage to be located within ten (10) feet south property line. Section 36-258(d) (6) (b) allows a minimum side yard setback of fifteen (15) feet from the property line. Therefore, the applicant is requesting a variance to allow a structure to be located ten (10) feet from a property line. Section 36-258(d) (6) (c) allows a minimum rear yard setback of twenty-five (25) feet from the property line. Therefore, the applicant is requesting a variance to allow a structure to be located ten (10) feet from a property line. Staff is supportive of the requested variance. Staff views the request as reasonable, as the property is located along a collector which connects to a minor arterial to the south and a principal arterial to the north. The property is bordered by MF-24 and PRD zonings to the west and south with PRD zoned properties to the east across Chenal Valley Drive. Staff believes that the building height variance is appropriate and that there will be no adverse impact on the similarly developed surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested building height variance, subject to the descriptions and any conditions in the "staff analysis," and the following conditions: 1. A building permit being obtained for all construction. 2. Abide by all site development requirements for MF-24 zoned properties. 3. Compliance with the Landscape and Buffer requirements of Chapters 15 and 36 of the City's code. 2 JUNE 15, 2023 ITEM NO.: 5 (CON'T.) Z-7131-D Board of Adjustment (JUNE 15, 2023) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the setback variances be approved as per the staff report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 4 ayes, 0 nays, 1 absent. 3 JUNE 15, 2023 There being no further business before the Board, the meeting was adjourned at 4:07 p.m. Date: Chairman Secretary