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HomeMy WebLinkAboutboa_03 28 2005LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES MARCH 28, 2005 2:00 P.M. Roll Call and Finding of a Quorum A Quorum was present being four (4) in number. Approval of the Minutes of the Previous Meeting The Minutes of the February 28, 2005 meeting were approved as mailed by unanimous vote. III. Members Present: Members Absent: Andrew Francis, Chairman Terry Burruss, Vice Chairman Fletcher Hanson David Wilbourn Debra Harris City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA MARCH 28, 2005 2:00 P.M. I. OLD BUSINESS: A. Z -6120-L Kanis Road at Cooper Orbit Road B. Z -6957-C Colonel Glenn Road at 1-430 II. NEW BUSINESS: 1. Z -3303-A 1010 Battery Street 2. Z -7425-B 313 President Clinton Avenue 3. Z-7803 5819 Hawthorne Road 4. Z-7805 10023 West 22nd Street 5. Z-7806 3 Broadview Drive 6. Z-7807 38 Pine Manor Drive 7. Z-7809 3010 Painted Valley Drive Q) Q) N A r le _ 11Id a3iZVa1 — —^ (hhh71V..// nnreIRL Z3 e5 CU � W � _ IS Nrwa3o pitt � a — IVAOYOa �� �rN°br CL a lS3Fq � a3H3a0 � ru ONIM In a E ,9 MoaO M � s 3MId r33NlS Q M — NI llY MIT VH 11035 Q Mard NIV!1.5 [� A1683AINn A11Sa3AINn SONINdS a3A3O Q S3HOOH 23 d SIR L0 CD 1001"3 B� MAN a ACHM NHWr 3 � R — — IR Oa0131N3YH5 g soars S w Hard A3NOON K h� NVK%06 S11WI1 x YOj� o it it 3001a AwIA yrs z s11wn uq � ' Sill wn un Z d 1WA31S c� 00f W i VAN IN H S11NIl 110 ` m � s 't'br�b 31YONa33 y .� o O O MARCH 28, 2005 ITEM NO.: A File No.: Z -6120-L Owner: Capitol Hill Limited Partnership Address: Kanis Road at Cooper Orbit Road Description: Northwest corner of Kanis Road and Cooper Orbit Road and South side of Capitol Hill Blvd. At Old Cooper Orbit Road alignment. Zoned: C-1 and R-2 Variance Requested: A variance is requested to allow off -premise directional signs. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Off -Premise Signs STAFF REPORT A. Public Works Issues: 1. Signs should be located outside the public right-of-way. B. Staff Analysis: The property at 15501 Capitol Hill Blvd. Is zoned PDR and occupied by an apartment complex (Capitol Hill Luxury Apartments) which is under development, with Phase I nearing completion. As part of the apartment development, the applicant is requesting approval of the placement of two (2) off -premise directional signs. One sign is located at the northwest corner of Cooper Orbit and Kanis Roads with the second sign located on the southwest corner of Capitol Hill Blvd. and the old alignment of Cooper Orbit Road. Each sign is 6 to 7 feet in height, with an area of approximately 16 square feet. The City's Zoning Ordinance contains no provisions for allowing the type of off - premise directional type signage as proposed. Therefore, the applicant is requesting a variance to allow this type of signage. MARCH 28, 2005 ITEM NO.: A (CON'T.) Staff is not supportive of the requested variance. Although there are some nonconforming off -premise directional signs within the city's jurisdiction (The Oasis Renewal Center, for example), staff feels that it would be detrimental to allow additional signs of this type, and would very likely set a bad precedent for future requests. Staff believes that one intent of the sign section of the Zoning Ordinance is to prohibit visual clutter where commercial signage is concerned. Staff believes that the type of off -premise sign as proposed creates visual clutter along street frontages, especially at intersections. Staff feels that the off -premise signs proposed will have an adverse visual impact on the general area. C. Staff Recommendation: Staff recommends denial of the requested variance to allow off -premise signs. BOARD OF ADJUSTMENT: (JANUARY 31, 2005) Staff informed the Board that the applicant requested to defer the application to the February 28, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the February 28, 2005 Agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (FEBRUARY 28, 2005) Staff informed the Board that the applicant requested to defer the application to the March 28, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the March 28, 2005 Agenda by a vote of 3 ayes, 0 nays and 2 absent. BOARD OF ADJUSTMENT: (MARCH 28, 2005) Staff informed the Board that the applicant requested this item be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn by a vote of 4 ayes, 0 nays and 1 absent. K ANDREW V. FRANCIS E-MAE„AVFPA aiSBCGLOBAL.NET December 17, 2004 Mr. Monte Moore ANDREW V. FRANCIS, P.A. ATTORNEY AT LAW 2311 BiscAYNE DRm, SuITF 205 LITTLE ROCK, AR 72227 TELEPHONE (501) 954-7390 FACMAILE (5 01) 954-7385 Zoning Administrator City of Little Rock Department of Planning and Development 723 West Markham St. Little Rock, AR 72201 Via Hand Delivery RE: Capitol Hill Apartments — Application for Zoning Variance (Signs) Dear Monte: Enclosed please find the following regarding the above -referenced matter: — 6 -2- -2- 1. Application for Zoning Variance (Signs) with attached Exhibit (Legal Description); 2. Affidavit of John W. DeHaven, Manager of Limine Trust, LLC, the General Partner of Capitol Hill Limited Partnership authorizing G. Robert Hardin of Hardin & Grace, P.A. to represent the property owner in this application; and 3. My firm's check in the amount of $50 as the filing fee for this application. Per our discussion, I will provide you with the three (3) copies of a survey of the locations for the off -premises signs and graphic information showing the size, height and area of the signs as soon as I receive the same from our engineer. Also, prior to the hearing in this matter I will provide you with either a letter or a lease from the property owners where the two signs are located authorizing the location of the signs on their property. In the meantime, I have enclosed for your reference two drawings showing the approximate location of the signs. Both of the signs in question are off -premises directional signs installed to help direct traffic to Capitol Hill Apartments. The first sign is approximately 32 square feet in area and is located on the southwest corner of the intersections of Kanis Road and Cooper Orbit Road. The second sign is approximately 40 square feet and is located in the northeast portion of Tract D of Capitol Lakes Estates, approximately 20 feet south of the southern curb of Capitol Hill Boulevard. Due to the topography of the area and the on-going construction activities in Capitol Lakes Estates, the owner feels it is would be a hardship to disallow the maintenance of these two off - premises signs. Phase 1-B of Capitol Lakes Estates, directly across Capitol Hill Boulevard from Capitol Hill Apartments, is currently seeing a great deal of construction activity. Furthermore, it is expected that Governor's Manor PRD, also on Capitol Hill Boulevard and further to the east of Capitol Hill Apartments will begin construction soon after approval of its pending plat. The Page 2 Mr. Monte Moore December 17, 2004 construction activity, along with the subdivision landscaping and topography of the terrain make it difficult to locate the apartments. These two directional signs will assist in the location of Capitol Hill Apartments and will help direct traffic to the apartments. Thank you very much and please call me with any questions. Cordially, ANDREW V. FRANCIS, P.A. . Andrew V. Francis /avf Enclosures cc: Capitol Hill Limited Partnership Mr. Dan Tharp Maintenance Supervisor, Capitol Hill Apartments G. Robert Hardin MARCH 28, 2005 ITEM NO.: B File No.: Z -6957-C Owner: Leonard Boen Applicant: McGetrick and MCGetrick Engineering Address: Colonel Glenn Road at Interstate 430 and Talley Road Description: Colonel Glenn Centre Subdivision Zoned: C-4, C-3, 0-3 Variance Requested: Variances are requested from the sign provisions of Section 36- 555 and 36-553 to allow signs which exceed the maximum height and area and off - premises signs. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Mixed Use STAFF REPORT A. Public Works Issues: No Comments — no signs are shown in the right-of-way B. Staff Analysis: The C-4, C-3 and 0-3 zoned property bounded by Colonel Glenn Road, 1-430 and Talley Road (east and south) is occupied by the Colonel Glenn Centre Subdivision. The new Remington College development is located on Lot 14 of the Subdivision, at the end of Remington Drive (the Subdivision's only new street). A car dealership is being developed on Lot 1, at the southeast corner of Colonel Glenn Road and 1-430 (northwest corner of the Subdivision). The remaining lots are currently undeveloped. The applicant proposes to place one (1) development sign and two (2) off - premise directional -type signs within this subdivision. The development sign is proposed to be placed at the northwest corner of Lot 1, and will advertise the various future businesses within this subdivision. MARCH 28, 2005 ITEM NO.: B (CON'T.) The sign is proposed to have a height of 58 feet and an area of 525 square feet. The two (2) off -premise directional signs are proposed to be located at the northeast corner of Lot 4 (corner of Colonel Glenn and Talley Roads) and the southeast corner of Lot 8 (corner of Talley Road and Remington Drive). The directional sign on Lot 4 will advertise a Holiday Inn which will be located on Lot 19. This sign will have a height of 35 feet and an area of approximately 260 square feet. The directional sign on Lot 8 will advertise Value Place which will be located on Lot 12. This sign will have a height of 10 feet and an area of 20 square feet. The development sign will be located on C-4 zoned property, the Holiday Inn sign will be located on C-3 zoned property, and the Value Place sign will be on 0-3 zoned property. The City's Zoning Ordinance contains no provisions for allowing the type of off - premise directional -type signage as proposed. Therefore, the applicant is requesting a variance to allow this type of signage. Section 36-553(a)(2)of the City's Zoning Ordinance allows freestanding signs in office zoning to have maximum heights of six (6) feet and maximum areas of 64 square feet. Section 36-555(a)(2) allows freestanding signs in commercial zones to have maximum heights of 36 feet and maximum areas of 160 square feet. Therefore, the applicant is requesting variances for increased height and area for the development sign, increased area for the Holiday Inn sign, and increased height for the Value Place sign. Staff is not supportive of the requested sign variances. Given the design of the subdivision, staff does not feel that the request is reasonable. The subdivision is made up primarily of smaller lots which will likely contain individual businesses. Staff believes that each business will likely want their own ground -mounted signage, on their individual lots. This could result in up to four (4) signs along Colonel Glenn Road, with several additional signs along Talley Road and 1-430. Staff recently met with representatives of the car dealership which will be located on Lot 1. It is staff's understanding that the dealership desires to have ground -mounted signage on both the Colonel Glenn and 1-430 Street frontages. One of the purposes of the sign section of the zoning ordinance is to "control and coordinate the type, placement and physical dimensions of signs within the various zoning classifications." Staff believes that a main intent of this purpose is to prohibit visual clutter where commercial signage is concerned. Staff believes that the signage as proposed will add to the possibility of visual clutter along the street frontage of this subdivision, when added to the ground -mounted signs that are allowed by right for each individual lot. Additionally, the two (2) off -premise directional signs proposed are very much beyond the size typically allowed for off -premise directional signs. The ordinance allows directional signs with a maximum area of two (2) square feet and a maximum height of six (6) feet. oil MARCH 28, 2005 ITEM NO.: B (CON'T.) The signs proposed as off -premise directional signs for Holiday Inn and Value Place have heights, dimensions and designs of primary site signage. Staff feels that the signs proposed will have an adverse visual impact on the general area. C. Staff Recommendation: Staff recommends denial of the requested sign variances. BOARD OF ADJUSTMENT: (DECEMBER 20, 2004) Staff informed the Board that the applicant requested to defer the application to the January 31, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the January 31, 2005 Agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (JANUARY 31, 2005) Staff informed the Board that the applicant requested to defer the application to the February 28, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the February 28, 2005 Agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (FEBRUARY 28, 2005) Staff informed the Board that the applicant requested to defer the application to the March 28, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the March 28, 2005 Agenda by a vote of 3 ayes, 0 nays and 2 absent. BOARD OF ADJUSTMENT: (MARCH 28, 2005) Staff informed the Board that the applicant requested this item be withdrawn. Staff supported the withdrawal request. 3 MARCH 28, 2005 ITEM NO.: B (CON'T.) The item was placed on the Consent Agenda and withdrawn by a vote of 4 ayes, 0 nays and 1 absent. 0 12-08-204( SPM FROM MCGETRICK 15012239293 / P.2 Mo6EMICK W&EMICK ENG1N1'S'R5 - PLANNERS - OURVEYOR6 November 22, 2004 Monte Moore Zoning Administrator Dept. of Planning & Development 723 Nest Markham St, Little Rock, AR 72201 Re: Colonel Glenn Centre Sign Easements Dear Mr. Moore, We are herewith asking for a variance on the size and location of three (3) signs for the Colonel Glenn Project. Sign 41 will be the sign for the entire commercial property. It will be located as shown and serve several different lots owned by different owners. We feel that the size and location of the sign are necessary for visibility to the overall project. Sign #2 located at the intersection of Talley Rd. and Colonel Glenn will be a directional sign to serve lot 9. It will be located off --site in the sign easomeat as shown. Sign #3 located at the entrance to Remington Rd. will be a directional sign to smc lot 12. It rail] be located off-site in.the sign easement as shown. If you have any question or problems please feel free to contact us. Sincerely, McGetrick & McGetrick, Inc. Patrick M, McGetrick, P.E. PMM:rm 10 Otte Greek Court rv^ tw A Elu=tes Clock„ Arkansas 7220 501-455-6699 fax 501 r MARCH 28, 2005 ITEM NO.: 1 File No.: Z -3303-A Owner: GWG, INC. Applicant: Garver Engineers Address: 1010 Battery Street Description: East 1/3 of Lots 1, 2 and 3, Block 14, Marshall and Wolfe's Addition Zoned: O-1 Variance Requested: A variance is requested from the area provisions of Section 36-279 to allow a temporary office building with a reduced side setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Proposed Use of Property: STAFF REPORT A. Public Works Issues: Temporary Office Building 1. With parking lot construction, repair or replace any curb, gutter or sidewalk that is damaged in the public right-of-way. B. Staff Analysis: The property at 1010 Battery Street (zoned 0-3, C-3 and 1-2) is occupied by the Garver Engineers office facility. A two-story office building is located along Battery Street, with paved parking along the building's north, south and west sides. Access to the parking area is gained by utilizing driveways from West 10th, West 11th and Battery Streets. There is a vacant lot fronting West 10th street immediately west of the Garver Engineers facility. The lot slopes downward from front to back and side to side (east to west). There is a retaining wall (approximately 10 feet high) along the lot's rear property line. r" MARCH 28, 2005 ITEM NO.: 1 (CON'T. The applicant proposes to place a 2,800 square foot temporary office building on the 0-1 zoned vacant lot, as noted on the attached site plan. A small parking area with landscaping is proposed along the north side of the temporary building. A covered porch and walkway (unenclosed) will lead from the temporary office building to the existing office building. The proposed temporary building will be located approximately 70 feet back from the front property line, 26 feet from the rear property line and five (5) feet from the west side property line. Garver Engineers is requesting placement of the temporary office building until May, 2009, as that is when their lease on the property expires. Section 36-279(d)(2)of the City's Zoning Ordinance requires a minimum side. Setback of eight (8) feet for this 0-1 zoned lot. Therefore, the applicant is requesting a variance to allow the temporary office building with a reduced side setback. As part of the review process, staff submitted the proposed site plan to all of the public utility companies and the fire department for review. Staff has reviewed the following comments: • Centerpoint/Arkla Gas Co. — Approved as submitted Central Arkansas Water — All Central Arkansas Water requirements in effect at the time of request for water service must be met. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). • Little Rock Wastewater Utility — Sewer available, not adversely affected . Any new building must have at least five foot clear space between any potion of the building and the Utilities existing sewer main. The proposed temporary building is located five (5) feet plus from the existing sewer main. Little Rock Wastewater Utility has approved the covered walkway which will cross the sewer main. Staff is supportive of the side setback variance and placement of the temporary office building until May, 2009. Staff feels that the request is reasonable and an adequate option in providing temporary office space for the Garver Engineers facility. If this lot were developed as a stand alone facility, minimum five (5) foot side yards would be required by ordinance. Therefore, staff feels that the proposed temporary office 2 MARCH 28, 2005 ITEM NO.: 1 (CON'T.) building placement 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 the following conditions: 1. Compliance with the Public Works requirements as noted in paragraph A. of the staff report. 2. Compliance with the utility comments as noted in paragraph B. of the staff report. 3. The temporary office building must be removed from the property by May 31, 2009. BOARD OF ADJUSTMENT: (MARCH 28, 2005) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. 3 c � Garver Engineers, LLC �2 " 1010 Battery Street P.O. Box 50 Little Rock, Arkansas 72203-0050 501-376-3633 FAX 501-372-8042 www.garverengineers.com February 25, 2005 EN City of Little Rock Department of Planning and Development 723 West Markham Little Rock, AR 72201 Attn: Mr. Monty Moore, Zoning Enforcement Administrator Re: Application for Zoning Variance, 10th and Battery Streets Dear Mr. Moore: Garver Engineers is an 85 year resident of the City of Little Rock. We lease our office building at 10th and Battery from three retired partners incorporated under the name GWG, Inc. The lease expires in approximately four years. Our annual workload forecast indicates the need for additional staff, office space, and parking in the next year. GWG, Inc, cannot guarantee an office expansion or another lease after the present term ends. Therefore, we propose to temporarily expand into a rented modular (mobil) office structure on the adjacent vacant lot owned by GWG, Inc. These units commonly come in 24 foot widths and 50 to 60 foot lengths. We have indicated a common combination of 48' by 60' office on the attached drawing with a covered porch, asphalt parking lot, access walk, and security fence with keypad gate for employees only. An existing sewer line limits the placement of the office. Little Rock Wastewater Utility indicates that we must not place the structure within their easement, so we have set it back 5 feet from the sewer line. We are able to satisfy the required rear yard, front yard, parking, and landscaping requirements of the building and the parking lot. However, we must request a variance for the side yard setback for the modular building from 8 feet to 5 feet until May, 2009. Attached are: 1. Application for Zoning Variance with $205 filing fee. 2. Owner's Affidavit (Sanford Wilbourn of GWG, Inc.) 3. Site Plan (14 copies) 4. Survey (6 copies). I will be glad to discuss this application with you in person or by phone at (501) 376-3633. Thank you for your assistance with this application! Sincerely yours, GARVER ENGINEERS 61&4'r-4 William E. Ruck, PE, RLS Project Manager Attachments (5) (OH -108) Brentwood, TN • Fayetteville, AR • Huntsville, AL • Little Rock, AR • Norman, OK • Ridgeland, MS • Topeka, KS • Tulsa, OK Garver Engineers, LLC 1010 Battery Street P.O. Box 50 Little Rock, Arkansas 72203-0050 501-376-3633 FAX 501-372-8042 wvvw.garverengineers. com March 4, 2005 GARVER ENGINEERS City of Little Rock Department of Planning and Development 723 West Markham Little Rock, AR 72201 Attn: Mr. Monty Moore, Zoning Enforcement Administrator Re: Application for Zoning Variance, 10th and Battery Streets Dear Mr. Moore: With regard to the February 25 application for variance at 10th and Battery Streets, please note that we inadvertently failed to indicate a covering for the walk to connect our office building to the detached building. We request approval of either a manufactured awning structure with galvanized or painted metal supports OR a painted wood structure supported on metal or timber posts with a shingled roof. This will provide shelter from rain, but will be unenclosed on the sides. Thank you. Sincerely, GARVER ENGINEERS William E. Ruck, PE, RLS Project Manager (OH -108) Brentwood, TN • Fayetteville, AR • Huntsville, AL • Little Rock, AR • Norman, OK • Ridgeland, MS • Topeka, KS • Tulsa, OK MARCH 28, 2005 ITEM NO.: 2 File No.: Z -7425-B Owner: Moses -Tucker Applicant: Gusano's Pizzeria Address: 313 President Clinton Avenue Description: South side of President Clinton Avenue, between Cumberland and Rock streets. Zoned: UU Variance Requested: Variances are requested from the sign provisions of Section 36- 353 to allow a sandwich board sign which exceeds the maximum height allowed and more total signs than allowed by ordinance. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Restaurant Proposed Use of Property: Restaurant STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The UU zoned property at 313 President Clinton Avenue is occupied by a multi -story commercial building containing Gusano's Pizza Restaurant. The restaurant recently placed a sandwich board sign on the sidewalk in front of the business. The sandwich board sign measures 24 inches wide and 47 inches tall. The sign is the fourth for the business, as there are also three (3) awning signs. Section 36-353( c)(1)b. of the City's Zoning Ordinance allows a total of three (3) signs for each business in the River Market Design Overlay District. Section 36-353(f)(2)a. states that sandwich board signs in the River Market MARCH 28, 2005 ITEM NO.: 2 (CON'T.) District shall be no larger than twenty-four(24) inches wide and thirty-six(36) inches tall per face, with a total height not to exceed thirty-six(36) inches. Therefore, the applicant is requesting variances from the River Market Design Overlay District standards to allow the sandwich board sign as the fourth sign for the business, with an overall height of 47 inches. Staff is supportive of the requested variances. Staff feels the variances are reasonable. Two (2) of the three (3) existing awning signs are relatively small, with the sign on the west end of the canopy being mostly hidden by an awning which was placed on the building to the west after the sign was in place. The River Market Design Review Committee reviewed the proposed variances on January 11, 2005. The Committee voted unanimously to approve the variances associated with the sandwich board sign. A copy of the letter of approval from the River Market Design Review Committee is attached. C. Staff Recommendation: Staff recommends approval of the requested variances associated with the sandwich board sign, subject to the following conditions: 1. A sign permit must be obtained for the sign. 2. A franchise permit must be obtained for the sign in the right-of-way. BOARD OF ADJUSTMENT: (MARCH 28, 2005) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. February 25, 2005 Gusano's Pizzeria 313 President Clinton Ave. - "7 S - This letter is being written along with the necessary paperwork required to submit application for a sandwich board. Gusano's is located in the middle of the river market district of downtown Little Rock. We are a Chicago style Pizzeria sports bar and are open for lunch and dinner. We have different food and drink specials daily, and find it helpful and convenient for our customers to be able to see these specials as they are passing along the sidewalk. We currently have the standard three signs with the Gusano's name on the front of our establishment. We have been given signed permission from the bars on either side of us who use sandwich boards, as well as the convenient store across the street to put up a fourth sign. We request that the board allow us to place a sandwich board at our location. Thank you for considering our request in this matter. Sincerely, tk':: Tim Chappell ©% River Market Greg Hart, Chairman a A Design Millie Ward, Member Review Patty Wingfield, Member e++�Committee Tim Hei, Member Shannon Jeffery -Light, Member Planning and Development • 723 W. Markham * Little Rock, Arkansas 72201 • 501-371-4790 • fax 501-399-3435 January 12, 2005 Board of Adjustment 723 West Markham Little Rock, AR 72201 Re: Gusano's Pizzeria Chairman and Members, The River Market DRC reviewed the signage at 313 President Clinton Ave. for Gusano's Pizzeria. The review covered two variances: the height of the sandwich board and the maximum number of signs. The DRC did approve the application as submitted. The final vote was 4 ayes, 0 noes and 1 absent. Thank you, Brian Minyard River Market DRC Staff MARCH 28, 2005 ITEM NO.: 3 File No.: Z-7803 Owner: Scott Dupslaff Applicant: Steve Parker Address: 5819 Hawthorne Road Description: Lot 35, Forest Heights Place Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36- 254 to allow a garage addition with a reduced side setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 5819 Hawthorne Road is occupied by a one-story frame single family residential structure. There is a one -car wide driveway from Hawthorne Road which serves as access. There is a one-story frame garage structure located along the west side of the residential structure. The garage structure is approximately 12 feet by 22 feet in size. The applicant proposes to remove the existing garage structure and construct a new one-story garage/carport addition it its place. The new garage/carport structure will be approximately 12 feet by 34 feet and attached to the principal structure. The new addition will maintain the same 2.9 foot side (west) setback as the existing garage structure, as the existing garage slab will be used for the new construction. A covered deck structure is also proposed to be MARCH 28, 2005 ITEM NO.: 3 (CON'T.) attached to the new garage/carport structure at the southwest corner of the house. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side yard setback of six (6) feet for this 60 foot wide R-2 zoned lot. Therefore, the applicant is requesting a variance from this ordinance standard to construct the new garage/carport structure with a 2.9 foot side (west) setback. The variance is required based on the fact that the proposed overall structure is larger than the existing garage structure, and the entire existing garage structure will be removed for the new construction. Staff is supportive of the requested variance. Staff feels that the variance request is reasonable, and that the new garage/carport addition will not be out of character with the neighborhood. As noted previously, the proposed addition will have the same side setback as the existing garage. The proposed addition is approximately 144 square feet larger than the existing garage structure. The house immediately to the west is located approximately eight (8) feet from the dividing side property line. Therefore staff feels that adequate separation will exist between the two (2) houses, and the garage/carport addition 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 guttering being provided to prevent any water run-off onto the adjacent property to the west. BOARD OF ADJUSTMENT: (MARCH 28, 2005) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. 2 ;2 7S,-- 3 COVER LETTER TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT The structure in question is located as 5819 Hawthorne Road. It is a single car garage. The present structure has rotted and decayed to the point that it is falling down. The structure is not useable and is an eyesore to the community. The proposal is to tear the existing structure down and build a new structure. The new structure will be a single car garage. It will be built on the existing concrete slab on which the old garage sits. Thank you for your help in this matter. MARCH 28, 2005 ITEM NO.: 4 File No.: Z-7805 Owner: Shirley Warner Applicant: Scott Butler Address: 10023 West 22nd Street Description: Lot 12 and 13, Block 4, Hick's Interurban Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 to allow an accessory building with a reduced front setback and which exceeds the size of the principal structure. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property STAFF REPORT Single Family Residential A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 10023 West 22nd Street consists of two (2) lots, Lots 12 and 13, Block 4, Hick's Interurban Addition. A one-story frame single family residence (approximately 1,000 square feet in area) is located on Lot 13 at the southeast corner of West 22nd Street and Nichols Road. A gravel driveway from West 22nd Street serves as access. Lot 12 is currently vacant. Some site work has taken place on Lot 12 in preparation for a new accessory garage structure. The applicant proposes to construct a 36 foot by 40 foot (1,440 square feet) accessory garage structure on Lot 12, as noted on the attached site plan. A covered walk will connect the proposed structure to the residence. The MARCH 28, 2005 ITEM NO.: 4 (CON'T.) proposed garage will be located 26 feet back from the front (west) property line and 12 feet from the side (south) property line. A new concrete driveway will be constructed from Nichols Road to serve the proposed garage structure. Section 36-156(a)(2) of the City's Zoning Ordinance requires a minimum front setback of 60 feet for accessory structures in R-2 zoning. Section 36-2 (definition of an accessory building) requires that an accessory building be subordinate in area to the principal structure and be located on the same lot as the principal structure. Therefore, the applicant is requesting variances from these ordinance standards to allow the accessory garage structure with a reduced front setback, an area larger than the principal structure and to be located on a separate lot. Staff is supportive of the requested variances. This general area between Junior Deputy Road and Aldersgate Road, south of Kanis Road has been an area of spotted new residential development in the past few years. Staff feels that the proposed development will aid in the continued residential re- development. As noted in the attached cover letter, the applicant notes that the future plan for the property consists of removal of the existing residence and construction of a new home located behind and attached to the proposed garage structure. Once that is done, the garage structure will be part of the principal structure and conform to all ordinance requirements. Staff feels that the proposed garage structure will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested variances, associated with the proposed accessory garage structure, as filed. BOARD OF ADJUSTMENT: (MARCH 28, 2005) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. James L. Butler Registered Land surveyor 5323 John. F. Kennedy Blvd North Little Rock, AR 72116 (501) 753-4965 - Fax (501) 753-2247 February 24, 2005 Little Rock Board of Adjustment 723 'Vest Markham Street Little Rock, AR 72201 RE: Lots 12 and 13, Block 4, HICK'S INTERURBAN ADDIT ION, Little Rock, Arkansas. Dear board members, In regards to the above referenced property, the property owner, Ms. Shirley Warner is requesting a variance from the Residential Zoning Ordinance. The following variances are being requested. 1. A variance to allow a proposed garage to be within 25 feet of the front property line of Lot 12. Reason for request: In the future, the owner proposes to construct a new residence on Lot 13 that will be located behind and attached to the proposed garage. Then the existing nonconforming residence will be demolished. Once a new residence is constructed, the garage then will conform to the required front setback of 25 feet. 2. A variance to allow a garage that exceeds the maximum square footage. Reason for request: The owner has a number of vehicles that require this size of a structure in order to store all vehicles inside. This will protect the aesthetics of the area and provide security for the vehicles Your consideration and approval in this matter will be greatly appreciated. Sincerely, Scott Butler, for Ms. Shirley Warner MARCH 28, 2005 ITEM NO.: 5 File No.: Z-7806 Owner: Fred and Cathy Stone Applicant: Ray Moore Address: Broadview Drive Description: Lot 1, B.L.B. Addition Zoned: R-2 Variance Requested: A variance is requested from the building line provisions of Section 31-12 to allow a building addition which crosses a front platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 3 Broadview Drive is occupied by a two-story brick and frame single family residence. There is a two car wide driveway from a perpetual easement (east from Broadview Drive) which serves as access., The house is located behind a front platted building line which is approximately 73 feet back from the front property line. The applicant proposes to construct an 18 foot by 25 foot two-story addition on the front of the residence, at the northwest corner of the structure. The addition will be located approximately 56 feet back from the front property line, crossing the front platted building line by approximately 17 feet. The proposed addition will maintain the same 10 foot side yard as the existing structure. MARCH 28, 2005 ITEM NO.: 5 (CON'T.) Section 31-12( c) of the City's Subdivision Ordinance requires that variances for encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting a variance from this ordinance standard to allow the proposed addition to cross the front platted building line. Section 36- 254(d)(1) of the Zoning Ordinance requires a minimum front setback of 25 feet. As noted earlier, the addition will be located approximately 56 feet back from the front property line. Staff is supportive of the requested variance associated with the proposed building addition. Staff views the request as reasonable. The property at 3 Broadview Drive is located in an area containing large residential lots and structures. Staff feels that the proposed 18 foot by 25 foot building addition will go relatively unnoticed in this immediate area. Staff feels the proposed building addition not be out of character with the area and should have no adverse impact on the adjacent properties or the general area. 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 proposed 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. C. Staff Recommendation: Staff recommends approval of the requested variance, associated with the proposed addition, subject to completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. BOARD OF ADJUSTMENT: (MARCH 28, 2005) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. 2 ?- 78o6 February 24, 2005 a To: Board of Adjustments From: Cathy and Fred Stone #3 Broadview Drive Little Rock, AR 72207 It is our wish to extend our home 18 foot and 2 stories up. The new addition would be out of the front elevation. This would allow us several opportunities. • Increase the first floor living space and allow for a master suite on the second floor. • Change the entire appearance of the house to make it more aesthetically pleasing and more comparable to the rest of the new homes and or renovated homes in the neighborhood. • Simply put, this would update the home. It is 41 years old and needs some work to bring it up to today's standard of living. At the same time this would make our home much more desirable as well as a comfortable home to live in. , d�, �, , �,/, MARCH 28, 2005 ITEM NO.: 6 File No.: Z-7807 Owner: Donald C. Wold Applicant: Stanley Schulte Address: 38 Pine Manor Drive Description: Lot 14, Pine Manor Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a carport addition with a reduced front setback and which crosses a platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 38 Pine Manor Drive is occupied by a one-story frame single family residence. There is a two -car wide driveway from Pine Manor Drive which serves as access. The property slopes downward from front to back. The property also contains a 35 foot front platted building line. The applicant proposes to construct a 20 foot by 22 foot carport structure at the northeast corner of the residential structure. The carport structure will be unenclosed and be constructed to match the existing residential structure. The proposed carport will cross the front platted building line by approximately 12 feet, resulting in a 23 foot front setback. The proposed carport will be located eight (8) feet from the side (north) property line. MARCH 28, 2005 ITEM NO.: 6 (CON'T.) Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 31-12(c ) of the Subdivision Ordinance requires that variances for encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the proposed carport with a reduced front setback and which crosses a platted building line. Staff is supportive of the requested variances associated with the proposed carport structure. Staff feels the request is reasonable. The front setback for the carport structure is only two (2) feet less than the typical ordinance required minimum front setback of 25 feet. Additionally, the property is located within a small curve of Pine Manor Drive which will aid in reducing any visual impact the structure might have on surrounding properties. Staff feels the proposed carport structure will have no adverse impact on the adjacent properties or the general area. 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 proposed carport structure. The applicant should review the filing procedure with the Circuit clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested variances, associated with the new carport structure, subject to the following conditions. 1. Completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. 2. The carport structure must be constructed to match the existing residence. 3. The carport structure must remain unenclosed on the north, east, west and a portion of the south sides. BOARD OF ADJUSTMENT: (MARCH 28, 2005) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 4 ayes, 0 nays and 1 absent. 2 SCI UL _ CONSTRUCTION 7905 Foxchase Road, Suite A Little Rock) Arkansas 72227 5011224-0968 Fax 501/224-0458 �iy,os MARCH 28, 2005 ITEM NO.: 7 File No.: Z-7809 Owner: Robert Tanner Applicant: Mark Thomas Meador Address: 3010 Painted Valley Drive Description: Lot 7, Block 30, Pleasant Valley Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a porte-cochere addition with a reduced front setback and which crosses a platted building line, and a building addition with reduced side and rear setbacks. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property STAFF REPORT Single Family Residential A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 3010 Painted Valley Drive is occupied by a one- story brick and frame single family residence. There is a circular drive from Painted Valley Drive which serves as access. The driveway extends along the south side of the residence to an attached carport at the southwest corner of the structure. The single family lot has a 25 foot front platted building line. The applicant proposes to make two (2) additions to the single family structure. The first addition is a proposed 20 foot by 20 foot porte-cochere addition to the front of the house, over a portion of the circular driveway. The proposed porte- cochere will extend across the front platted building line by approximately 15 feet, resulting in a 10 foot front setback. The second proposed addition is a 21 foot by 43 foot addition at the southwest corner of the structure. This addition will include a garage for boat and trailer MARCH 28, 2005 ITEM NO.: 7 (CON'T.) storage and an exercise/pool room next to an existing swimming pool in the rear yard. This addition will be located six (6) to eight (8) feet from the side (south) property line and 10 feet from the rear (west) property line. There is a 10 foot wide utility easement along the rear property line. The addition is not proposed to extend into the easement. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for R-2 zoned property. Section 36-254(d)(3) also requires a minimum rear yard setback of 25 feet. Section 36-254(d)(2) requires minimum side setbacks of eight (8) feet for this 100 foot wide lot. In addition, Section 31-12( c) of the Subdivision Ordinance requires that encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the proposed porte-cochere addition with a reduced front setback and which crosses the front platted building line, and the proposed building addition at the southwest corner of the house with reduced side and rear setbacks. Staff does not support the variances, as requested. Staff does not oppose the proposed addition at the southwest corner of the residence, as the neighborhood contains large residential structures on lots which are above average in size. Staff feels that this addition will not be out of character with the neighborhood. Staff would require that the applicant obtain a letter of approval from the neighborhood property owners' association for the proposed addition. Staff does oppose the proposed porte-cochere addition. Staff feels this proposed addition will not be compatible with the neighborhood. On inspection of the general area, staff observed no other similar front encroachments in the neighborhood. 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 proposed porte-cochere 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. C. Staff Recommendation: Staff recommends denial of the setback and building line variances, as requested. BOARD OF ADJUSTMENT: (MARCH 28, 2005) Staff informed the Board that the applicant requested to defer the application to the April 25, 2005 Agenda. Staff supported the deferral request. 2 MARCH 28, 2005 ITEM NO.: 7 (CON'T.) The item was placed on the Consent Agenda and deferred to the April 25, 2005 Agenda by a vote of 4 ayes, 0 nays and 1 absent. 3 r I , '. 1"! 1 I _..r. .L. I I I������ Ali I I � ! ( ` I I ! loi + t {.._ ..._. � __ E., ..._... l E I I I I f f l l l l l l l l l l l qRFA '�il�ill�i�jjij; • D O U W w W F- 0 F - z w CO Q� di 4 0 :: Q ED Q z W CO m Q M- LU Q z l Mil ... ... ww}= o C)QLLJ Q �C) Z < I- LLI -j LL M W Z C Z U Cl) z Wz�2nwm -D H Wrr >.LU = Q 2 o w w o Q ~ m C6 LJL CLLJ) Z LU U D O z�c��m O LLI x LL D m Q = Q _ >J :: Q ED Q z W CO m Q M- LU Q z l ww}= o C)QLLJ Q �C) Z < I- LLI -j LL M W Z C Z U Cl) z Wz�2nwm -D H 0§ LL I m Q 2 Q 2 :: Q ED Q z W CO m Q M- LU Q z March 28, 2005 There being no further business before the Board, the meeting was adjourned at 2:07 P. M. Chairman