HomeMy WebLinkAboutboa_06 30 2003LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
JUNE 30, 2003
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 Meetings
The Minutes of the May 28, 2003 meeting were
approved as mailed by unanimous vote.
III. Members Present
Members Absent:
William Ruck, Chairman
Fred Gray
Andrew Francis
Terry Burruss
Scott Richburg, Vice Chairman
City Attorney Present: Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
JUNE 30, 2003
2:00 P.M.
NEW ITEMS:
1.
Z -6689-D
300 President Clinton Avenue
2.
Z -7090-A
Southeast corner West 3rd and Broadway Streets
3.
Z -7384-A
4923 Stonewall Street
4.
Z-7414
3719 West 11 t" Street
5.
Z-7423
5412 Centerwood Road
6.
Z-7424
5304 Crestwood Drive
7.
Z-7425
307 President Clinton Avenue
8.
Z-7426
3400 Ludwig Street
9.
Z-7427
326 President Clinton Avenue
10.
Z-7428
5517 Country Club Blvd.
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June 30, 2003
ITEM NO.: 1
File No.:
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Landscape and Buffer Issues:
•�:•
Paul Johnson
300 President Clinton Avenue
Northeast corner of President Clinton
Avenue and LaHarpe Blvd.
M
A variance is requested from Section 36-
342.1 to allow an outdoor bar/restaurant
use in the UU Zoning District.
The applicant's justification is presented in
an attached letter.
Restaurant/Bar
Restaurant/Bar
Insufficient building expansion to require a landscaping upgrade.
C. Staff Analysis:
Banana Joe's/Margarita Mama's restaurant and bar occupies the building
at 300 President Clinton Avenue. The property is located at the northeast
corner of President Clinton Avenue and LaHarpe Blvd., and backs up to
Riverfront Park. There is an outdoor dining/bar area (patio) at the north
end of the building, overlooking the park. An outdoor patio area has
existed for some time and was previously used by the Pour House
restaurant.
June 30, 2003
Item No.: 1 (Cont.)
The current tenant, Banana Joe's/Margarita Mama's, recently
reconstructed the outdoor patio area, raising it several feet to be level with
the building's ground floor.
Banana Joe's/Margarita Mama's also recently constructed an unenclosed
Cabana Bar within the existing patio area, as shown in the attached
photos. The cabana is approximately 10 feet by 20 feet in size, and is
located at the northwest corner of the restaurant building.
Section 36-342.1(d)(1) of the City's Zoning Ordinance requires that all
uses within the UU Zoning District be "inside or enclosed". Therefore, the
applicant is requesting a variance from this ordinance standard. Although
an outdoor restaurant/bar patio area existed with the previous occupant
(Pour House), the current tenant has added to the use by raising the patio
area and constructing the cabana bar structure. To staff's knowledge, the
outdoor patio area associated with the Pour House Restaurant pre -dated
the current UU Zoning standards.
Staff is supportive of the variance to allow the outdoor restaurant/bar
seating and cabana bar structure. On May 6, 2003 the River Market
Design Review Committee reviewed the outdoor patio/cabana bar area
along with other issues associated with exterior fagade colors and window
treatments. The DRC approved the outdoor patio/cabana bar area with a
vote of 4 ayes, 0 nays and 1 recusal. Staff supports the River Market
DRC's vote on this issue, and feels that the outdoor use of the property
will not be out -of -character with the overall River Market District.
Staff has been made aware of possible building code issues which may
exist on the property. The applicant needs to contact Chuck Givens,
building official, at 371-4828 to resolve any of these outstanding issues.
D. Staff Recommendations:
Staff recommends approval of the variance to allow the outdoor
patio/cabana bar use in the UU Zoning District, subject to the following
conditions:
1. There is to be no signage attached to the cabana bar structure.
2. The applicant must contact the City's Building Codes division and
resolve any outstanding issues.
2
June 30, 2003
Item No.: 1 (Cont.)
BOARD OF ADJUSTMENT: (JUNE 30, 2003)
The applicant was not present. The staff informed the Board that the applicant
failed to complete the required notification to surrounding property owners. Staff
recommended deferral of the item to the July 28, 2003 agenda.
The item was placed on the Consent Agenda and deferred to the July 28, 2003
agenda by a vote of 4 ayes, 0 nays and 1 absent.
'43
H+W +
Heiple Wiedower kArchitects Planners
May 23, 2003
Mr. Monte Moore
Little Rock Dept. of Planning
& Development
723 Markham Street
Little Rock, AR 72201
Dear Mr. Moore,
I am representing Banana Joe's/Margarita Mama's property in this request for the use of a freestanding open
cabana bar on the patio at the above referenced establishment. This outdoor bar was mistakenly built during the
recent renovation of this building without notification or approval. When the mistake was discovered, the
applicant went before the River Market DRC and obtained approval for construction from that group.
The reason that this, outbuilding was constructed was'to serve the outdoor patrons of this eating establishment.
The patio was expanded and elevated making it much more widely utilized. The difficulty in serving the
outdoor patrons from a remote, indoor location was very cumbersome and would greatly inconvenience both the
patrons and the wait staff. The bar is freestanding, but is located near the building, elevated above the adjacent
public property, is behind the required railings and ties into the design motif of the Banana Joe's/Margarita
Mama's theme. Since the River Market DRC reviewed and approved this variance, it is our hope that the Board
of Adjustment will likewise grant the requested variance.
Sincerely,
Tim A. Heiple, A.I.
Heiple + Wiedower Architects
Encl:
319 President Clinton Ave.; Ste. 201 + Little Rock, AR 72201 + (t) 501-707-0115 + (0 501-707-0118
River
Market
Design Greg Hart, Chairman
Millie Ward, Member
Review Patty Wingfield, Member
Tim Heiple, Member
Committee Shannon Jeffery -Light, Member
Planning and Development • 723 W. Markham • Little Rock, Arkansas 72201 • 501-371-4790 • fax 501-399-3435
May 27, 2003
Board of Adjustment
723 West Markham
Little Rock, AR 72201
Re: Banana Joe's
Chairman and Members,
The River Market DRC met on May 6, 2003 and reviewed 1) painting of the exterior, 2)
outdoor cabana bar and 3) the treatment of the front windows at 300 East President Clinton
for Banana Joe's. The DRC did approve the items listed above. The final vote for items 1 and
2 listed above was 4 yes, 0 noes and 1 recusals. The final vote for item 3 listed above was 3
yes, 0 noes, 1 recusals and 1 abstention.
Thank you,
a-U�c
Brian Minyard
River Market DRC Staff
June 30, 2003
ITEM NO.: 2
File No.:
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
Z -7090-A
Realty Parking Properties
Southeast corner of West 3rd and
Broadway Streets
Lots 1-5, Block 103, Original City of Little
Rock
UU
Variances are requested from the
development criteria of Sections 36-342.1
and 36-557 associated with a proposed
branch bank development.
The applicant's justification is presented in
an attached letter.
Parking Lot
Branch Bank
1. Broadway is classified on the Master Street Plan as a principal arterial.
Dedication of right-of-way to 55 feet from centerline will be required or
a waiver from the Board of Directors will be required.
2. Widen 3`d Street to align with existing street section west of Broadway.
Provide additional right-of-way as needed at intersection to assure
handicap pedestrian access.
3. A 20 feet radial dedication of right-of-way is required at the intersection
of Broadway with 3rd and Broadway with 4th
4. The new curb cut on Broadway should be right -in, right -out only.
5. Storm water detention will not apply to the proposed development.
June 30, 2003
Item No.: 2 (Cont.
6. Obtain permits prior to doing any street cuts or curb cuts. Obtain
barricade permit prior to doing any work in the right-of-way. Contact
Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more
information.
B. Landscape and Buffer Issues:
The on-site landscaping perimeter strip width along Third Street drops
below the six (6) nine (9) inch minimum allowed by the Landscape
Ordinance. Additionally, the width of the interior landscape island within
the proposed southern parking lots drops below the five (5) foot seven (7)
inch minimum allowed by the Landscape Ordinance. Landscape
Ordinance variances require the approval of the City Beautiful
Commission. These requirements take into account the reductions
allowed within the designated mature area.
The Urban Use District Ordinance requires trees with a minimum three (3)
inch at planting caliper within the sidewalks along both Broadway and
Third Streets. These trees are required to be planted every thirty (30) feet
on center.
Curb and gutter will be required to protect landscaped areas from
vehicular traffic.
C. Staff Analysis:
The UU zoned property at the southeast corner of West 3`d and Broadway
Streets is occupied by a commercial paved parking lot. The applicant,
Bank of the Ozarks, proposes to construct a two-story branch bank facility
on five (5) of the lots within this half -block. There will be one (1) additional
lot within this half -block located between the proposed bank and West 4th
Street.
The proposed bank building will have drive-thru lanes on its east side, with
paved parking on the north and south sides of the building. There are
three (3) access drives proposed; one from Broadway at the southwest
corner of the development, one from the alley along the east property line,
and one from West 3rd Street.
The applicant is requesting three (3) variances with the proposed
development. Two (2) of the variances are from the UU Zoning District
development standards in Section 36-342.1 of the City's Zoning
Ordinance, and one (1) variance from the sign provisions of Section
36-557. The requested variances are as follows:
0
June 30, 2003
Item No.: 2 (Cont.
#1. Section 36-342.1(c)(3) states that no new drive-through
facilities may be visible or take direct access from a primary
street. The proposed drive-through bank facility will be visible and
take access from Broadway, a primary street according to the
Zoning Ordinance.
#2. Section 36-342.1(c)(10)(b) states that surface parking is to be
located behind or adjacent to a structure, never between the
building and abutting street. A portion of the proposed parking
will be located between the bank building and West 3`d Street.
#3. Section 36-557(a) states that all on -premise wall signs must
face required street frontage. The applicant is proposing wall
signs on the north, west and south sides of the building. The
signage will conform with ordinance standards, with the exception
of the wall sign on the south side of the building. There is a lot
between this property and West 4th Street, and therefore the sign
on the south building fagade has no direct street frontage.
The applicant is currently working with the Public Works Department on
requesting waivers or deferrals on the required right-of-way dedication for
Broadway and the West 3rd Street improvements. These issues will be
worked out administratively or taken to the Board of Directors for
approval. No action is required by the Board of Adjustment.
The applicant has stated that all other UU Zoning District development
criteria will be complied with. The applicant has also stated that the
landscape and buffer requirements as noted in paragraph B. of this report
and the remaining Public Works requirements will be adhered to. As
noted in the applicant's cover letter, the driveway from Broadway will be
right-in/right-out only.
Staff is supportive of the requested variances. Staff feels that the
variances as requested are reasonable. In most areas of Downtown Little
Rock it would be difficult to develop a branch bank location with drive-
through lanes and conform to all of the UU Zoning District Standards.
Additionally, staff supports the sign variance based on the fact that the
applicant is proposing wall signs on three (3) sides of the building in lieu of
a combination of wall signs and a ground -mounted sign (which would not
be permitted in the UU Zoning District). Staff believes that the proposed
branch bank development will have no adverse impacts on the adjacent
properties and be a quality redevelopment of property in the downtown
area.
3
June 30, 2003
Item No.: 2 (Cont.)
D. Staff Recommendations:
Staff recommends approval of the requested variances, subject to the
following conditions:
1. The issues related to right-of-way dedication for Broadway and Street
improvements for West 3`d Street must be resolved prior to a building
permit being issued.
2. All other Public Works requirements as noted in paragraph A. of this
report must be complied with.
3. Compliance with the Landscape and Buffer requirements as noted in
paragraph B. of this report.
4. Compliance with all other UU Zoning District develop criteria as noted
in Section 36-342.1 of the City's Zoning Ordinance.
BOARD OF ADJUSTMENT: (JUNE 30, 2003)
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.
0
McGETR/CK McGETKlCK
ENGINEERS - PLANNER5 - OURVEYOR5
�--747 2 -
June 18, 2003
Mr. Monte Moore
Department of Planning and Development
725 West Markham St.
Little Rock, AR 72201
Re: 3rd & Broadway
Board of Adjustment
Dear Mr. Moore,
We are requesting the approval of a bank facility with drive up lanes on this site.
The property is currently zoned W. We would request the following variances.
1) Parking on the North side of the building between the proposed building and
the street.
2) Drive thru lanes visible to an adjoining street.
3) A sign on the South side of the proposed building, meeting the requirements
for signage.
4) We would request a waiver of the street right-of-way dedication on Broadway.
It is our understanding that the Public Works Department is going to amend
the master street plan in the Downtown area to meet current right-of-way
widths.
5) We would also request that the widening of Third Street East of Broadway not
be required. Third Street East of Broadway is the same width for its entire
length. Widening only half a block would create a difficult lane transition in
mid -block.
6) We will sign the drive on Broadway to be a right out only.
We are attaching a sight plan showing the proposed facility. If you have any questions or
co�t� rding this matter, please advise.
incerely,
McGetrick & McGetrick, Inc.
a nc MUMM W!'reeldent Clinton Ave. (Market Row) #202
Little Rock, Arkansas 72201
501-223-9900 fax 501-223-9293
June 30, 2003
ITEM NO.: 3
File No.: Z -7384-A
Owner: Creative Heights Partners, LLC
Address: 4923 Stonewall Street
Description: Part of Lots 3, 4 and 5, Block 28, Newton's
Addition
Zoned: R-2
Variance Requested: Variances are requested from the area
provisions of Sections 36-156 and 36-254,
and the fence/wall provisions of Section
36-516 associated with the reconstruction
of a single family residence.
Justification:
Present Use of Property
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
The applicant's justification is presented in
an attached letter.
Single Family Structure under
reconstruction
Single Family Residential
1. Public Works does not support the construction of walls or fences in
the public right-of-way of Jackson Street.
2. Remove the existing picket fence from the Stonewall Street right-of-
way or obtain a franchise agreement with Public Works.
3. The driveway should be constructed to meet Stonewall with 15
degrees +/- of a right angle. All driveways shall be concrete aprons
per ordinance.
4. A residential curb cut permit will be required prior to construction.
Contact Public Works Traffic Engineering at 621 S. Broadway, (501)
379-1817 (Derrick Bergfield).
June 30, 2003
Item No.: 3 (Cont.)
B. Staff Analysis:
The R-2 zoned property at 4923 Stonewall Street contains a single family
structure which is currently under reconstruction. The Board of
Adjustment recently approved setback variances associated with a garage
extension at the northeast corner of the residential structure. The
applicant, along with the Planning Staff, has determined that additional
variances are needed for other aspects of the reconstruction.
The first requested variance is from Section 36-254(d)(1) of the City's
Zoning Ordinance. This section requires a minimum front yard setback of
25 feet from the front property line. The applicant is proposing a front
entry (porch and steps) which will be located approximately 15 feet back
from the front property line.
The second requested variance is from Section 36-156(a) b. and c. for a
proposed 14 foot by 14 foot trellis structure at the northwest corner of the
residence, within the side yard area. These sections require a minimum
front yard setback of 60 feet, a minimum street side yard setback of 15
feet and a minimum separation from the principal structure of six (6) feet.
The proposed trellis will be located approximately 22 feet from the front
property line, 2'/z feet from the street side (west) property line and
separated from the main structure by approximately five (5) feet.
The next requested variance is from the fence/wall height requirements of
Section 36-516(e)(1)a. This section allows a maximum fence/wall height
of four (4) feet between a building setback line and a street right-of-way.
Because of the existing grade of the property, the driveway which serves
the new garage area will be sloped upward from Stonewall Street, with a
retaining wall along the east side of the driveway. The wall will have a
height of approximately six (6) feet at the northeast corner of the house,
decreasing as the wall runs northward to Stonewall Street.
The last requested variance is also from the fence/wall height
requirements of Section 36-516(e)(1)(a). This section allows a maximum
fence/wall height of four (4) feet between a building setback line and a
street right-of-way, and six (6) feet elsewhere on the property. The
applicant is requesting a six (6) foot high wood fence extending from the
northwest corner of the house west into the Jackson Street right-of-way.
There would be a six (6) foot high masonry wall running from the corner of
the fence southward within the Jackson Street right-of-way. The existing
three (3) foot high picket fence located between the house and Stonewall
Street will be removed.
2
June 30, 2003
Item No.: 3 (Cont.)
Staff supports the requested variances, except for the variance to allow
the six (6) foot fence and wall to extend into the Jackson Street right-of-
way. Staff believes that this type of fence/wall construction should not
extend into a street right-of-way for public safety reasons. Staff could
support the six (6) foot high fence/wall turning and running along the west
property line and not in the right-of-way. Otherwise, staff is prepared to
support the other requested variances. If approved, the applicant will
need to conform with the Public Works requirements as noted in
paragraph A. of this report. A franchise permit will need to be obtained for
any portion of the retaining wall (associated with the new driveway) which
extends into the Stonewall Street right-of-way. Additionally, any portion of
the front porch/steps area which extends into the required 25 foot front
yard setback cannot be covered or enclosed.
C. Staff Recommendations:
Staff recommends denial of the variances, as requested.
BOARD OF ADJUSTMENT: (JUNE 30, 2003)
Gary Pursell was present, representing the application. There were no objectors
present. Staff presented the item with recommendations of approval on all of the
variances, except the variance to allow the six-foot high fence to extend into the
Jackson Street right-of-way.
Gary Pursell addressed the Board in support of the application. He noted that
there were other fences and structures in the area which were close to the street
rights-of-way or possibly extended into them. This issue was briefly discussed.
He presented photos of other properties to the Board. He explained that the
reason for the proposed fence placement was to maximize the size of the
courtyard on the west side of the house.
Fred Gray expressed concern with the height of the fence and its close proximity
to Jackson Street. He noted concern with pedestrian traffic. This issue was
discussed. Chairman Ruck also expressed concern with a fence being located
in the right-of-way.
Andrew Francis discussed the Public Works Comments, specifically the
comment relating to the angle the driveway intersected with Stonewall Street. It
was noted that Stonewall dead -ended to the east, just past this property, and
that the proposed angle of intersection shouldn't be a problem.
9
June 30, 2003
No.: 3 (Cont.
Mr. Pursell discussed planting shrubs and/or trees between the west property
line and the Jackson Street pavement. Staff noted that this would require a
franchise permit.
There was a motion to approve the variance for the retaining wall height along
the proposed driveway, without regard to Public Works Comment #3 (as noted in
paragraph A. of the agenda report). The motion passed by a vote of 4 ayes,
0 nays and 1 absent.
There was a second motion to approve the variance for the reduced front yard
setback for the porch and steps, subject to none of the porch and steps located
within the front 25 feet being covered or enclosed. The motion passed with a
vote of 4 ayes, 0 nays and 1 absent.
There was a third motion to approve the setback variances associated with the
trellis structure. The motion passed with a vote of 4 ayes, 0 nays and 1 absent.
There was a fourth motion to approve the height variance for the fence running
from the northwest corner of the building to the west property line. The motion
passed with a vote of 4 ayes, 0 nays and 1 absent.
The final motion was to approve the fence height variance for the fence
extending into the Jackson Street right-of-way. The motion failed by a vote of
0 ayes, 4 nays and 1 absent.
n
�Z- 73YV
To the Board of Adjustments,
I am writing to request a variance to the front and side yard setbacks for property located at
4923 Stonewall. A front yard setback for a garage extension to this same property has already
been approved and in order to keep the driveway from being too steep, I would like to curve the
driveway and make it longer. If approved, a gradual rise can be constructed from the street to the
garage floor. In order to construct this curve, it will be necessary to build a retaining wall on the
east side of the driveway. This will hold back the fill required to raise the driveway. This
retaining wall, at its highest point, will be approximately 6 feet high next to the house and then
taper off and end as the ground curves around the wall at the street. A retaining wall will be
much more appealing to neighbors and to this property as the only other option is to try and slope
the dirt from the driveway down to the property line on the east side.
I would also like to request a variance to the side yard setback on the west side of the property.
This is a corner lot and much of the building area is lost due to the street right of way.
The west side, the N. Jackson St. side of the property, has a right of way of 60 feet. This allows
for approx. 16 feet of yard from the curb to the property line that can't be used. Due to this right
of way, only 8 feet of the 33 foot side yard can be used for construction. I would like to construct
a trellis in this side yard area to provide privacy for this house. This requires a side yard variance
in order to build to the property line. This will still leave 16 feet of yard between the structure
and the street.
This property is actually part of 3 lots and the unusual configuration doesn't allow for much
building room. I have been able to keep the existing footprint of the original house but would
appreciate your consideration for these structural landscaping improvements.
S, cereiy,
Ga. Pursell
Creative Heights Partners
June 30, 2003
ITEM NO.: 4
File No.:
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
Z-7414
Belinda Avery
3719 West 11 th Street
Lots 4 and 5, Block 16, Forest Hill Addition
Ffm
Variances are requested from the area
provisions of Section 36-255 to allow an
awning (covered patio) addition with a
reduced front yard setback.
The applicant's justification is presented in
an attached letter.
Single Family Residential
Single Family Residential
The R-3 zoned property at 3719 West 11th Street is occupied by a one-
story brick and frame single family structure. There is a single car
driveway from West 11th Street which serves as access. A nonconforming
metal carport structure which has existed a number of gears covers the
driveway, and extends into the right-of-way of West 11 " Street by
approximately 1.3 feet. The carport is located at the northeast corner of
the residence, and appears to be attached to the main structure.
The applicant recently constructed a 16 foot by 16 foot awning (covered
patio) addition on the east side of the metal carport structure. A concrete
slab under the structure was recently poured. The awning is wood
construction with a metal roof. There is lattice enclosing the east and
June 30, 2003
Item No.: 4 (Cont.
west sides of the structure, with lattice on a portion of the north side. The
applicant has stated that she would like to add lattice to the remainder of
the north side.
The recently constructed awning follows the same front line as the
existing metal carport structure. Therefore, the awning is located 1 — 1.3
feet into the right-of-way of West 11th Street. Section 36-255(d)(1) of the
City's Zoning Ordinance requires a minimum front setback of 25 feet from
the front property line. Therefore, the applicant is requesting a variance
from this ordinance requirement for the awning (patio cover) structure.
Staff does not support the requested front yard setback variance. Staff
views the encroachment as unnecessary. The awning (patio cover)
extends onto a vacant lot (46 feet by 130 feet) which contains ample
space for construction of this type of structure with conformance to the
required setbacks. Staff suggests that the applicant consider locating this
structure on the east side of the residential structure (attached and at
least 25 feet back from the front property line). Staff feels that this could
be done with much of the building materials being re -used.
C. Staff Recommendations:
Staff recommends denial of the requested front yard setback variance.
BOARD OF ADJUSTMENT: (JUNE 30, 2003)
The applicant was present. Staff noted that a variance was needed for the
height of a new fence along the east property line, and that the variance had not
yet been requested. Staff suggested deferral of the application to the July 28,
2003 agenda to allow the applicant time to revise the application and request a
fence height variance.
The item was placed on the Consent Agenda and deferred to the July 28, 2003
agenda by a vote of 4 ayes, 0 nays and 1 absent.
K
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June 30, 2003
ITEM NO.: 5
File No.: Z-7423
Owner: Steven and Elizabeth Quattlebaum
Address: 5412 Centerwood Road
Description: Lot 92 and part of Lot 91, Prospect Terrace
#2 Addition
Zoned: R-2
Variance Requested: A variance is requested from the area
provisions of Section 36-254 to allow a
building addition with a reduced rear yard
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:
1. The proposed garage location on the right-of-way of "O" Street creates
a traffic hazard when cars back out of the garage. A minimum of 20'
clear area is needed from the garage wall to the edge of pavement of
"0" Street.
2. The rock wall encroaches into the right-of-way of "O" Street. Remove
wall or obtain a franchise agreement with Public Works.
B. Staff Analysis:
The R-2 zoned property at 5412 Centerwood Road is occupied by a two-
story single family residence. There is an existing driveway (shared with
the property to the east) which extends from Centerwood Road to "O"
Street, along the property's east property line. There is an existing one-
June 30, 2003
Item No.: 5 (Cont.
story accessory building near the northeast corner of the property, along
the existing driveway.
The applicant proposes to remove the accessory building and construct
additions to the house, extending to the rear (north) property line. A two-
story (18 foot by 23 foot) addition is proposed at the northwest corner of
the building, with a one-story addition (22 feet wide) extending 33 feet
from the rear of the structure. A 28 foot by 36 foot, 1 '/2 story garage with
recreation room is proposed to be attached to the one-story addition. The
overall structure will extend from the rear of the house to less than one (1)
foot from the rear (north) property line. The applicant proposes direct
vehicular access to the garage structure from "O" Street.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum
25 foot rear yard setback for this lot. Therefore, the applicant is
requesting a variance for the proposed rear yard setback, which is
approximately 1/2 foot. The proposed additions conform to the required
side yard setbacks.
Staff does not support the requested rear yard setback variance. Staff
believes that the proposed building additions will be out of character with
the other properties in this general area. Although there are other
properties with accessory garage structures which take access from "O"
Street or alley rights-of-way in this general area, staff believes that the
massing and yard coverage associated with the proposed additions are
too intense for this single family neighborhood. Additionally, Public Works
notes in paragraph A. of this report that the garage location adjacent to
"O" Street could cause a traffic hazard, due to insufficient maneuvering
area. A conditional use permit for Forest Park Elementary school (across
"O" Street to the north) was recently approved by the Planning
Commission. This approval including school parking along the north side
of "O" Street, which is currently under construction.
C. Staff Recommendations:
Staff recommends denial of the requested setback variance.
BOARD OF ADJUSTMENT: (JUNE 30, 2003)
Staff informed the Board that the applicant submitted a letter requesting the
application be deferred to the July 28, 2003 agenda. Staff supported the deferral
request.
The item was placed on the Consent Agenda and deferred to the July 28, 2003
agenda by a vote of 4 ayes, 0 nays and 1 absent.
2
Quattlebaum, Grooms, Tull & Burrow
A PROFESSIONAL LIMITED LIAB=y COMPANY
111 Center Street
Suite 1900
Steven W. Quattlebaum Little Rock, Arkansas 72201
quattlebaum@ggtb.com
May 23, 2003
Department of Planning & Development
723 West Markham
Little Rock, Arkansas 72201
Re: Application for Residential Zoning Variance for 5412 Centerwood Road
Dear Board Members:
(501) 379-1700
Telecopier
(501) 379-1701
Writer's Direct Dial
(501) 379-1707
Please consider this letter to be an addendum to my application for a residential zoning
variance. My house is located at 5412 Centerwood Road. Directly behind my house is "O"
Street. Centerwood is a street consisting of one block with nine houses on the north side of
Centerwood, all of which back up to "O" Street. Four or five of the nine houses have garages
that are within the 15 -foot setback allowance from the property line. Two of those garages have
been built within the last few years pursuant to variances issued by this Board.
My wife and I would like to build a garage at the back of our property, which would be
located on a line with all of the other garages along the backside of the properties facing
Centerwood and backing up to "O" Street. The garage would be within the 15 -foot setback from
the property line, but sufficiently off of "O" Street so as not to cause a traffic problem or traffic
hazard. In fact, the garage door will be over eleven feet from the edge of the street.
The justification for the setback allowance is that it will allow us to store our automobiles
off of the street and enclose our yard equipment and other items. Thus, it will help beautify the
neighborhood, and further, it will enhance the property values of the neighborhood. The setback
would present a hardship to us in the construction of the garage. If the setback were enforced,
the placement of the garage on the lot would be unattractive and would consume most of the
backyard of our property.
Additionally, the property originally had a garage at the back and currently has a small,
frame shed building at the approximate location where the garage will be located. The frame
building will be removed. Thus, the construction, while larger, will be consistent with the status
quo for this lot and others.
Quattlebaum, Grooms, Tull & Burrow PUC
Department of Planning & Development
Page 2
May 23, 2003
Attached to this letter is a copy of an architectural rendering of the proposed garage and
heated and cooled addition to the house that connects to the garage. Also attached are copies of
photographs of the subject property and some of the garages of neighboring properties.
We respectfully request that this variance be considered at the meeting of the Board
scheduled for June 30, 2003, and that the request for variance be approved.
If additional information is requested, we will be happy to provide such information.
Cordially yours,
QUATTLEBAUM, GROOMS,
TULL & BURROW PLLC
Steven W. Quattlebaum
SWQ/tsr
Attachment
June 30, 2003
ITEM NO.: 6
File No.: Z-7424
Owner: John and Jennifer Harvey
Address: 5304 Crestwood Drive
Description: Lot 212, Prospect Terrace #3 Addition
Zoned: R-2
Variance Requested: A variance is requested from Section 36-
254 to allow reduced rear and side yard
setbacks associated with a proposed
building addition.
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 5304 Crestwood Drive is occupied by a two-
story brick and frame single family residence. There is a two -car drive
from Crestwood Drive, which serves as access. The main portion of the
residential structure is set back approximately 72 feet from the front
(south) property line.
The applicants propose to construct a 6.5 foot by 10.5 foot building
addition (one-story) at the northeast corner of the existing residential
structure. The proposed addition would be for the enlargement of the
existing master bathroom. The applicants note in the attached letter that
the addition would allow the room to be enlarged without making interior
structural changes to the existing bedroom/bathroom area.
June 30, 2003
►R.�:1t( WDM ,
The proposed addition will be located approximately three (3) feet from
the side (least) property line and 22 feet from the rear (north) property
line. Section 36-254(d)(2) of the City's Zoning Ordinance requires a
minimum side yard setback of 7.5 feet and Section 36-254(d)(3) requires
a minimum rear yard setback of 25 feet. Therefore, the applicant is
requesting variances from these ordinance standards.
Staff is supportive of the requested variances. Staff feels that the
variances are very minor in nature. The existing house sits at a slight
angle with the side property lines. The side yard setback (east) ranges
from 7.5 feet at the southeast corner of the structure to 3.1 feet at the
northeast corner of the proposed addition. Therefore, the proposed
addition will have a slight corner relation with the east side property line.
Staff feels that the reduced side and rear yard setback will have no
adverse impact on the adjacent properties on the general area. There
should be enough room along the east side of the proposed addition for
construction and maintenance without encroaching onto the property to
the east.
C. Staff Recommendations:
Staff recommends approval of the requested setback variances subject to
a building permit being obtained for the proposed construction.
BOARD OF ADJUSTMENT: (JUNE 30, 2003)
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
C
To the Board of Adjustments, Z
I am writing to request a variance to the side yard and rear yard setbacks at 5304 Crestwood. We
would like to enlarge our master bath which is currently located on the northeast corner of the
house. The side yard setback has already been encroached because the house was built before the
setbacks were in effect. The only option to enlarge the bath is to go straight back. This would
continue the existing footprint on the side yard.
This addition would also encroach the rear yard setback by approx. 2 feet, so a rear setback
variance is also required. If approved, this variance will greatly simplify the expansion of our
master bath without having to make interior structural changes to the bedroom.
Thank you for your consideration.
Siiacerely,
G*'L. Pursell
Pursell Construction Inc.
Acting as agent for Jennifer and Jack Harvey
June 30, 2003
ITEM NO.: 7
File No.:
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
Z-7425
Pressley Melton
307 President Clinton Avenue
South side of President Clinton Avenue,
between Cumberland and Rock Streets
UU
A variance is requested from the sign
provisions of Section 36-353 to allow a
projecting sign which does not conform to
all of the River Market design standards.
The applicant's justification is presented in
an attached letter.
Mixed Use
Mixed Use
Ernie Bigg's Chicago Style Piano Bar occupies the building at 307
President Clinton Avenue. A projecting sign for the business was recently
installed on the building front, between two second floor windows,
extending over the sidewalk. The sign is 2 feet by 6 feet and is painted on
both sides. The top hanger area on which it was hung was previously
used by Starr's Guitars, a second floor use. The sign is not internally
lighted.
The recently installed projecting sign conforms to all of the River Market
Design Overlay District standards except for Section 36-353(e)(1)b., which
states the "height of projecting signs shall not extend past the sill of the
June 30, 2003
Item No.: 7 (Cont.)
second story windows." Therefore the applicant is requesting a variance
from this ordinance standard.
The River Market Design Review Committee reviewed the signage at its
May 6, 2003 meeting. The projecting sign, as installed, was denied by a
vote of 0 ayes, 4 nays and 1 recused. The DRC met again on June 6,
2003 to reconsider the sign issue. At that meeting, the May 6, 2003 vote
was expunged, with a second vote taken. The second vote approved the
projecting sign, as installed, by a vote of 5 ayes and 0 nays.
Staff is supportive of the requested sign variance. Staff feels that the
requested projecting sign is reasonable, and will not be out of character
with other signs in the River Market District. Staff supports the River
Market DRC in their June 6, 2003 vote. Although staff is supportive of the
variance request, staff feels that the variance should be for this particular
business only (Ernie Bigg's), and when this business vacates the building,
the sign should be removed.
C. Staff Recommendations:
Staff recommends approval of the requested sign variance, subject to the
following conditions:
1. The variance is approved for "Ernie Bigg's Chicago Style Dueling
Piano Bar" only. When this business vacates the building, the sign
must be removed.
2. A sign permit must be obtained for the sign.
3. A franchise permit must be obtained for the sign.
BOARD OF ADJUSTMENT: (JUNE 30, 2003)
The applicant was not present. The staff informed the Board that the applicant
failed to complete the required notification to surrounding property owners. Staff
recommended deferral of the item to the July 28, 2003 agenda.
The item was placed on the Consent Agenda and deferred to the July 28, 2003
agenda by a vote of 4 ayes, 0 nays and 1 absent.
2
f j
r /
ERNIE BIGG'S CHICAGO STYLE DUELING PIANO BAR _ -72
307 President Clinton Ave. Little Rock, AR 72201 Phone: (501) 372-4782
Dear Zoning Commission,
It has very recently been brought to our attention that the exterior signage at Ernie Biggs
Speakeasy, 307 President Clinton Avenue, has failed to meet your standards. From what we have been
told, the sign itself is satisfactory, but there is a problem with where it has been placed. We find this
distressing for a couple of reasons. Before the sign was constructed we followed normal procedure to
insure that our sign would meet all guidelines. This included shrinking the sign by two feet in length and
six inches in width. We were also given location guidelines or parameters, to which we also complied. In
fact, we have simply hung the sign in the exact location, from the exact same pole as the previous tenants
had hung theirs. This complete adherence to all requests made by local officials is the basis for our
confusion and concern.
It is important to note that Ernie Biggs leases and utilizes both the top and bottom floors of the
Melton building and feel that the sign is currently placed in a centralized locale so as to better make our
customers aware that the piano bar downstairs as well as the forthcoming restaurant upstairs are in fact
one in the same and also share common ownership. It is not understood why certain parties feel that two
different signs forced into this space for the same business is not only necessary, but deemed an
improvement. This is not to mention the additional time and significant expense placed on the
ownership.
We as a whole have gone to great lengths to improve our space while still maintaining the
integrity of the River Market District. We respect and agree with the need for "watchdogs" in this area to
insure that the area not only gains economic and human density, but that this growth is also channeled in
the right direction. In this case however, it is unclear how moving and somewhat hiding this sign down
in between the canvas awnings on either side of us will be beneficial to either us as a business or to the
aesthetics of the street.
Sincere y,
,�� '777/—
Jody Thornton
T4,,
River �Z _ _7 Z 5
Market
Design Greg Hart, Chairman
Millie Ward, Member
Review Patty Wingfield, Member
Tim Heiple, Member
Committee Shannon Jeffery -Light, Member
Planning and Development • 723 W. Markham • Little Rock, Arkansas 72201 •50.1-371-4790 • fax 501-399-3435
June 16, 2003
Board of Adjustment
723 West Markham
Little Rock, AR 72201
Re: Ernie Biggs Chicago Style Piano Bar
Chairman and Members,
The River Market DRC reconsidered its vote of May 6, 2003. It met on June 6, 2003 and
reviewed the signage at 307 East President Clinton for the Ernie Biggs Chicago Style Piano
Bar. The DRC did approve the projecting sign as installed. The final vote was 5 yes, 0 noes
and 0 absent.
Thank you,
Brian Minyard
River Market DRC Staff
June 30, 2003
ITEM NO.: 8
File No.: Z-7426
Owner: Calvin Richardson
Address: 3400 Ludwig Street
Description: Lots 5 and 6, Block 183, John Barrow
Addition
Zoned: R-3
Variance Requested: A variance is requested from the fence
provisions of Section 36-516 to allow
construction of a fence which exceeds the
maximum height allowed.
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:
The concrete block wall encroaches to the center of a platted alley.
Action should be taken to close the alley, or set the wall back within the
owners property.
B. Staff Analysis:
The R-3 zoned property at 3400 Ludwig Street is occupied by a one-story
frame single family residence. There is a single car driveway from Ludwig
Street. The property slopes from the northeast corner downward to the
south and west. There is a newly constructed concrete block retaining
wall along the south, west and a portion of the north property lines. The
applicant is in the process of filling and leveling the rear yard area.
The new retaining wall is located approximately 1 foot inside the south
property line and appears to encroach into the alley right-of-way along the
June 30, 2003
Item No.: 8 (Cont.)
west property line by approximately three (3) feet. A small portion of the
wall is located along the north property line at the property's northwest
corner. The wall is approximately six (6) feet above grade at the
southwest corner of the property. The wall is approximately 1 '/2 feet tall
at the southeast corner of the property and 2 — 2 '/2 feet tall at the
property's northwest corner.
The applicant proposes to construct a six (6) foot wood fence on top of
the concrete block wall as shown on the attached site plan, to enclose the
rear yard. A four (4) foot high wood fence is proposed on top of the wall
between the front building line and the Ludwig Street right-of-way. As
viewed from the property immediately to the south, the fence/wall will have
a height of approximately 12 feet at the southwest corner of the property
(3400 Ludwig Street), decreasing to a height of approximately 5'/2 feet at
the southeast corner. As viewed from the property immediately to the
west, the fence/wall will have a height of approximately 12 feet at the
southwest corner of the property, decreasing to a height of 8 — 8'/2 feet
and the northwest corner.
Section 36-516(e)(1)(a) of the City's Zoning Ordinance allows a maximum
fence height of four (4) feet between a building line and a street right-of-
way and a maximum height of six (6) feet along interior property lines.
The applicant is requesting a variance to allow the overall fence/wall
height to exceed four (4) feet between the building setback lines and the
Ludwig and West 34th Street rights-of-way, and to exceed six (6) feet
along the south and west property lines.
Staff does not support the fence height variance as requested. Staff feels
that a six (6) foot high fence on top of the existing retaining wall will be too
imposing on the properties to the south and west. Staff feels that the
overall fence/wall height of 12 feet at the southwest corner of the property
is too high and will negatively impact the adjacent properties. Staff would
support a four (4) foot high wood fence on top of the concrete wall along
the south and west property lines, and a six (6) foot high wood fence
along the street sides as shown on the attached site plan.
As noted earlier, the new concrete wall along the west property line
extends into the alley right-of-way by approximately three (3) feet. The
applicant needs to request to abandon the alley right-of-way or request a
franchise permit from the Public Works Department.
C. Staff Recommendations:
Staff recommends denial of the fence height variance, as requested.
2
June 30, 2003
Item No.: 8 (Cont.)
BOARD OF ADJUSTMENT: (JUNE 30, 2003)
Calvin and Francis Richardson were present, representing the application.
There were no objectors present. Staff presented the item with a
recommendation of denial. Staff noted that a four (4) foot high fence on top of
the retaining wall could be supported.
Calvin Richardson addressed the Board in support of the application. He noted
that the retaining wall was constructed because of a drainage problem. He
noted that the six (6) foot high fence was needed on top of the retaining wall
because he owned a large dog which could get over a four (4) foot high fence.
Chairman Ruck expressed concern with the wall/fence being in the alley right-of-
way. This issue was briefly discussed.
Mr. Richardson noted that no neighbors were opposed to the proposed fence
construction. He discussed the privacy issue related to the proposed fence. He
further explained the drainage issues associated with the property.
Chairman Ruck expressed concern with the retaining wall construction.
Mr. Richardson explained how the wall was constructed. This issue was briefly
discussed. Mr. Richardson noted that the contractor built the wall according to
the proper specifications.
Terry Burruss asked if a drainage system was installed with the wall construction.
Mr. Richardson explained that a French drain system was installed.
Fred Gray asked if any of the neighbors objected to the wall and fence.
Mr. Richardson noted that no neighbors had expressed any opposition. Staff
noted that no phone calls had been received.
There was a motion to approve the fence height variance, subject to the alley
right-of-way being abandoned or a franchise permit being obtained, prior to a
fence permit being issued. The motion was briefly discussed. Steve Haralson,
of Public Works, indicated that Public Works would not be opposed to a
franchise permit. The motion passed by a vote of 4 ayes, 0 nays and 1 absent.
The application was approved.
3
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June 30, 2003
ITEM NO.: 9
File No.:
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
Z-7427
SRM Properties, LLC
326 President Clinton Avenue
Northwest corner of President Clinton
Avenue and Ottenheimer Plaza
EA
Variances are requested from the sign
provisions of Sections 36-353 and 36-547
to allow installation of projecting signs.
The applicant's justification is presented in
an attached letter.
Mixed Use
Mixed Use
The property at 326 President Clinton Avenue is occupied by a two-story
mixed use building. The proposal is to add a projecting sign at the corner
of the building at Ottenheimer Plaza and President Clinton Avenue for the
"SportsZone", a sports bar to be located in the north end of the building
with access off of Ottenheimer. The projecting sign is larger, placed
higher and at a different angle than permitted. It does have neon on the
sign, which requires a larger thickness for the mechanical working of the
neon. The applicant would also like the sign to be animated. The
sequence of illumination would be as such: "S", "P", "O", "R", "T", "S",
"Zone" and then the white outline of each letter "S", "P", " O", "R", "T", "S
"Zone". The "Bar & Grill" would be on continuously. The martini glass at
the top would not be illuminated.
June 30, 2003
Item No.: 9 (Cont.)
Several variances are needed from the River Market Design Overlay
District and sign sections of the City's Zoning Ordinance for the proposed
projecting sign. The requested variances are as follows:
#1. Section 36-353(e)(1)(b) Height of projecting signs shall not
extend past the sill of the second story windows. The sign
would start below the windowsill of the second story window and
extend above 10'-0".
#2. Section 36-353(e)(1)(e) Projecting signs shall be placed at a
90 -degree angle to building. The request is to place the sign at
45 -degree angle to the corner of the building.
#3. Section 36-353(e)(2)(a) Projecting signs shall have a maximum
of twelve (12) square feet of sign face per side. The proposed
sign will be slightly less than 20 sq. feet in area.
#4. Section 36-353(e)(2)(b) Thickness of projecting signs shall be
limited to five (5) inches. The proposed sign will be 18 inches
thick for the neon mechanisms.
#5. Section 36-353(e)(4)(b) Neon is not permitted on projecting
signs. This sign has neon on both sides of the sign.
#6. Section 36-547(6) Unless otherwise specified by this chapter,
all signs may be illuminated. However, no sign regulated by
this chapter may utilize. The illusion of movement by means
of a preprogrammed repetitious sequential switching action in
which illuminated elements of the sign are turned off or on to
visually simulate the impression of motion characteristic of
chasing, running, blinking, oscillation, twinkling, scintillating,
or expanding and contracting light patterns. This sign would
have a preprogrammed repetitious sequential switching action to
illuminate the letters.
The River Market Design Review Committee met on June 3, 2003 and
reviewed the proposed signage. The DRC voted to approve the variances
as listed above, with the bottom of the projecting sign being located just
above the brick ledge separating the first and second floors.
At the June 3, 2003 DRC meeting, the applicant presented a second
projecting sign to be located along the Ottenheimer Plaza side of the
building. This sign will be less than 12 square feet in area, and extend
2
June 30, 2003
Item No.: 9 (Cont.)
approximately five (5) feet out from the building. The applicant is
requesting the following variances for the second projecting sign:
#1. Section 36-353(e)(1)(c) Projecting signs shall extend a
maximum of three (3) feet from the face of the building. The
proposed sign would extend a maximum of five (5) feet from the
building.
#2. Section 36-353(e)(2)(b) Thickness of projecting signs shall be
limited to five (5) inches. The proposed sign will be 18 inches
thick for the neon mechanisms.
#3. Section 36-353(e)(4)(b) Neon is not permitted on projecting
signs. This sign has neon on both sides of the sign.
#4. Section 36-547(6) Unless otherwise specified by this chapter,
all signs may be illuminated. However, no sign regulated by
this chapter may utilize. The illusion of movement by means
of a preprogrammed repetitious sequential switching action in
which illuminated elements of the sign are turned off or on to
visually simulate the impression of motion characteristic of
chasing, running, blinking, oscillation, twinkling, scintillating,
or expanding and contracting light patterns. This sign would
have a preprogrammed repetitious sequential switching action to
illuminate the letters.
The River Market DRC also voted to approve these variances on June 3,
2003.
Staff supports all of the requesting variances with the exception of the
variance from Section 36-547(6) for both signs. This particular section of
the ordinance was established for public safety reasons, in an attempt to
prohibit signs which could distract drivers of motor vehicles. Staff feels
that the type of illuminated motion as proposed with the two projecting
signs could create such distractions. Therefore, staff cannot support the
requested variances from Section 36-547.
C. Staff Recommendations:
Staff recommends denial of the sign variances, as requested.
9
June 30, 2003
Item No.: 9 (Cont.)
BOARD OF ADJUSTMENT:
(JUNE 30, 2003)
Ronnie Wells was present, representing the application. There were no
objectors present. Staff presented the application and noted that the applicant
had amended the lighting plan for the two (2) projecting signs as noted in a letter
dated June 27, 2003, and revised the application accordingly. Staff
recommended approval of the revised application, subject to the following
conditions.-
1.
onditions:
1. The lighting of the signs is to be as revised by the applicant, as noted in the
applicant's letter dated June 27, 2003.
2. The variances are approved for "Sports Zone" only. When this business
vacates the building, the signs must be removed.
3. Sign permits must be obtained for the signs.
4. A franchise permit must be obtained for the signs.
Ronnie Wells addressed the Board in support of the application. He described
other signs in Little Rock which had similar lighting as he was proposing.
Fred Gray expressed concern with the proposed sign lighting. He explained that
animated -type signs might not be appropriate in the River Market District.
Chairman Ruck expressed concern with the type of sign lighting proposed.
The issue related to sign lighting was discussed.
Andrew Francis noted that past actions of the Board of Adjustment set no
precedence for other variance cases. He noted that no hardship existed
regarded the proposed sign lighting. This issue was briefly discussed.
There was a motion to approve the revised application as recommended by staff.
There was a brief discussion of the motion. Staff suggested having two (2)
separate motions, one (1) on the proposed variances from Section 36-353 and
one (1) on the variances from Section 36-547. Mr. Wells amended the
application to remove the variances from 36-547, noting that the signs would be
continually lighted. Therefore, the motion was to approve the variances from
Section 36-353 as recommended by staff. The motion passed by a vote of 4
ayes, 0 nays and 1 absent.
0
CUSTOM SIGN & NEON
11820 CHICOT RD
MABELVALE, AR 72103
May 16, 2003
City of Little Rock
RE: Sports Zone
The Sports Zone is going in the LaHarpe building at Pres. Clinton AV and Ottenhiemer.
We are asking for several variances for the sign that they request. I don't think any of the
variance is out of line for the River Market District.
First we would like to install a 2' x 1U vertical sign on the second floor above the
Building awning. The building awning keeps us from installing on the first level. We also
would like for it to 45 degree off the building with Pres. Clinton so it can be seen from
every angle. This sign will be projected from the building. The Text exceeds 3/4 the height
of the sign and we are asking for a variance also on that.
To sum up we are asking for you to allow us to be at a 45 angle from the building, letters
exceeding 3/4 of the height and sign to be installed on second level. The sign will be
approx. 18" in depth to allow for the neon transformers. And also 26Square Feet.
The owner and the building owner would like for you to approve these variance for they
feel it is the best interest of the Sports Zone to have this sign at this location to where it
can been seen from Pres. Clinton not only with driving traffic also pedestrian traffic. The
sign will be attractive and an asset to the River Market and the owner.
Thanks You
/I Z-67 �
Ronnie Wells
44 j-
747- i
River
s ? Market
Greg Hart, Chairman
A Design Millie Ward, Member
v Review Patty Wingfield, Member
Tim Heiple, Member
Committee Shannon Jeffery -Light, Member
Planning and Development • 723 W. Markham • Little Rock, .Arkansas 72201 • 501-371-4790 • fax 501-399-3435
June 16, 2003
Board of Adjustment
723 West Markham
Little Rock, AR 72201
Re: SportsZone signage
Chairman and Members,
The River Market DRC has reviewed the signage at the June 3, 2003 meeting. The
DRC took two votes concerning the signage. The first vote was to mount the sign with
the bottom of the sign just above the brick ledge separating the first and second floor
and to approve as presented with the six variances listed in the staff report. That
motion was approved with a vote of 4 ayes, 1 noes and 0 absent. The second vote was
to approve a projecting sign on Ottenheimer with a variance on the width for the sign
and mounting bracket to extend a total of five feet from the face of the building and also
the variances #4, #5 and #6 as stated in the first vote. That vote was 5 ayes, 0 noes
and 0 absent.
Thank you,
/&& A�a�
Brian Minyard
River Market DRC Staff
June 30, 2003
ITEM NO.: 10
File No.:
Z-7428
Owner:
Michael and Ashley Cope
Address:
5517 Country Club Blvd.
Description:
Lots 5, 6 and the East % of Lot 7, Block 21,
Newton's Addition
Zoned:
R-2
Variance Requested:
A variance is requested from Section
36-254 to allow a building addition with a
reduced rear yard 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 property at 5517 Country Club Blvd. is occupied by a two-story brick
single family structure. There is a shared driveway from Country Club
Blvd. which serves as access. The residence sits on Lot 5, Block 21,
Newton's Addition. Lot 6 and the East'/2 of Lot 7 are located immediately
west of the residence and are currently vacant. These lots, as well as the
residence, are owned by Michael and Ashley Cope.
The property owners propose to construct a one-story addition along the
west side of the existing residence. The addition will extend onto Lot 6.
With the proposed addition, all of the property will become a single zoning
lot, as there will not be enough property left for the construction of another
residence. The addition will be located 33 feet from the front (north)
June 30, 2003
No.: 10 (Cont.
property line, 36 feet from the street side (west) property line and five (5)
feet from the rear (south) property line.
Section 36-254(d)(3) of the City's Zoning Ordinance allows a minimum
eight (8) foot rear yard when providing 25 foot minimum front and street
side property lines in the case of corner lots. Therefore, the applicants
are requesting a variance for the proposed five (5) foot rear yard setback.
Staff is not supportive of the requested variance. Staff does not believe
the applicant has presented enough justification for the variance. Staff
feels that there is ample yard space to move the proposed addition three
(3) feet to the north, and still attain the applicants' goal of maintaining a
large yard area north and west of the structure.
C. Staff Recommendations:
Staff recommends denial of the requested rear yard setback variance.
BOARD OF ADJUSTMENT: (JUNE 30, 2003)
Michael Cope, Tim Daters and Ashley Cope were present, representing the
application. There were no objectors present. Staff presented the application
with a recommendation of denial.
Michael Cope addressed the Board in support of the application. He explained
reasons for proposing the rear yard setback variance. He noted that he was
trying to maximize the front yard area. He stated that he tried to revise the
building plans to provide the 8 -foot rear yard setback, but was unable to based
on the location of the door and walls on the existing house.
Tim Daters also spoke in support. He explained that the existing structure
dictated the proposed rear yard setback. There was a brief discussion related to
the location of the accessory building on the property to the south. Mr. Cope
noted that this building was used only as a garage.
Andrew Francis explained that he did not think there was a hardship for the
proposed variance. The floor plan of the proposed building addition was
discussed. Mr. Copy explained that moving the addition to the north would not
line up with the doorways in the existing structure. The issue was discussed
further.
There was a brief discussion related to the width of the garage portion of the
building addition. It was noted that the garage portion would be 24 feet in width.
2
June 30, 2003
Item No.: 10 (Cont.)
Terry Burruss noted that the proposed 24 -foot width was a comfortable width for
a two -car garage. There was additional brief discussion related to this issue.
There as a motion to approve the requested rear yard setback variance, as filed.
The motion passed by a vote of 3 ayes, 1 nay and 1 absent. The application
was approved.
3
Transmittal
To: Planning Department, City of Little Rock (Hand Del.)
From: Tim Daters
CC:
Date: June 23, 2003
Re: Zoning Variance, Lots 5,6 & 7, Newton's Addition
Gentlemen,
-7
Attached are six copies of a survey showing the proposed zoning variance for the
property described above. Please place this item of the agenda for the June 30, 2003
Board of Adjustment meeting.
The applicant lives in and owns the existing residence on Lot 5. The applicant owns
lots 6 & 7 that are vacant. The addition to the existing residence has been designed
to preserve as much as the existing residence as possible while maintaining a large
yard area in front of the residence at the intersection of Country Club and Taylor. The
applicant will continue to occupy the existing residence during construction of the
addition.
Please let me know if you have any questions or need any additional information.
Thank you for your assistance.
Tim Daters
0 Page 1
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June 30, 2003
There being no further business before the Board, the meeting was adjourned at
3:42 p.m.
L".2 (k /, 2L
Chairman