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HomeMy WebLinkAboutboa_06 25 2018LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES JUNE 25, 2018 2:00 P.M. I.Roll Call and F.inding of a Quorum A Quorum was present being three (3) in number. II.Approval of the Minutes of the Previous Meetings The Minutes of the May 21, 2018 meeting were approved. Members Present: Christopher Smith, Chairman Carolyn Lindsey Polk, Vice Chair Richard Bertram Members Absent: Frank Allison Jeff Yates City Attorney Present: Debra Weldon LITTLE ROCK BOARD OF ADJUSTMENT AGENDA JUNE 25, 2018 2:00 P.M. I.OLD BUSINESS: A Z-9325 4201 East Roosevelt Road B.Z-9327 609 St. Michael's Place II. NEW BUSINESS: 1.Z-4276-B 39 Beverly Place 2.Z-9217-A 4817 Stonewall Road 3.Z-9325-A 4201 East Roosevelt Road 4.Z-9329 1612 S. Commerce Street 5.Z-9330 6002 Brentwood Road 6.Z-9331 1823 N. Tyler Street 7.Z-9332 1404 N. Mellon Street 8.Z-9333 1816 Pine Valley Road 9.Z-9334 10700 N. Rodney Parham Road 10.Z-9335 515 W. 6th Street JUNE 25, 2018 ITEM NO.: A File No.: Z-9325 Owner: Airport Hotels, LLC Applicant: John Rogers Address: 4201 E. Roosevelt Road Description: South side of E. Roosevelt Road, west of Airport Road Variance Requested: A variance is requested from the height provisions of Section 36-302 to allow a new hotel structure with increased building height. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Hotel STAFF REPORT A.Public Works Issues: No Comments B.Landscape and Buffer Issues: Site plan must comply with the City's minimal landscape / buffer ordinance requirements. Signage is to be reviewed and permitted separately. Screening requirements will need to be met for the vehicular use areas adjacent to street right-of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street. This strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. For parking areas with twelve or more spaces eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior JUNE 25, 2018 ITEM NO.: A Z-9325 landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Building landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building. These shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. A landscape irrigation system shall be required for developments of one (1) acre or larger. The development of two (2) acres or more requires the landscape plan to be stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. C.Staff Analysis: The C-4 zoned property located at 4201 E. Roosevelt Road is currently undeveloped and mostly grass covered. A few trees exist within the north portion of the property. A remnant of the old Fourche Creek also exists within the north portion of the overall property. An old access drive from E. Roosevelt Road is located near the center of the property. The property is located on the south side of E. Roosevelt Road, west of Airport Road. The applicant proposes to construct a new four (4) story hotel structure on the property, as noted on the attached site plan and elevations. The new hotel building will be located near the center of the overall property, with an access driveway from E. Roosevelt Road near the center of the overall property frontage. Paved parking will be located on all sides of the proposed hotel, with a covered main entry area on the building's east side. The proposed hotel structure will have a building height of 38 feet-6.75 inches, as measured from the lowest finished floor to the ceiling of the top story. The majority of the flat roof structure will be 43 feet -1. 75 inches above the property's finished grade. A small parapet portion of the building will extend to a height of 51 feet -7 inches. The proposed hotel will consist of 114 guest rooms and 127 paved parking spaces. Section 36-302(d) of the City's Zoning Ordinance allows a maximum building height of 35 feet for this C-4 zoned property. Therefore, the applicant is requesting a variance to allow the new hotel structure with a building height of 38 feet -6.75 inches. Staff is supportive of the requested building height variance. Staff views the request as reasonable. The proposed building height will be less than four (4) feet over the allowed 35 foot building height. The proposed four (4) story building will not be out of character with the immediate area. There is a five (5) story hotel building located immediately to the east and a five (5) level parking deck immediately east of the existing hotel building. Additionally, the Federal Aviation Administration (FAA) has reviewed the property and 2 JUNE 25, 2018 ITEM NO.: A Z-9325 approved a building height of 53 feet above finished grade. As noted previously, a small parapet area of the building will extend to 51 feet -7 inches. Staff believes that the proposed hotel structure with increased building height will have no adverse impact on the adjacent properties or the general area. D.Staff Recommendation: Staff recommends approval of the requested building height variance, subject to compliance with the Landscape and Buffer requirements as noted in paragraph B. of the staff report. BOARD OF ADJUSTMENT (May 21, 2018) The applicant was not present. There were no objectors present. Staff informed the Board that the item needed to be deferred as the applicant failed to complete the required notices. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the June 25, 2018 meeting by a vote of 4 ayes, 0 noes and 1 absent. BOARD OF ADJUSTMENT (June 25, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 3 ayes, 0 noes and 2 absent. 3 April 19, 2018 City of Little Rock 723 West Markham Street Little Rock, AR 72201 ATTN: Mr. Monte Moore Zoning and Enforcement Administrator RE: Airport Hotels, LLC Fairfield Inn & Suites by Marriott Little Rock, Arkansas B & F No. 7-4154-0201 Dear Mr. Collins: On behalf of Airport Hotels, LLC and pursuant to the Little Rock Code of Ordinances, we are requesting a variance regarding the maximum height of a proposed building. Chapter 36, Article V, Division 4, Section 36-302(d) limits the maximum height of a structure in a C-4 zone to thirty-five (35) feet. Airport Hotels , LLC would like to construct a hotel of height 51 '-7" above finished floor, as shown in the plans provided. We believe that our reciuest for a variance is justified, as the neighboring Comfort Inn & Suites is five (5) storie$ in height; additionally, the Holiday Inn located at Bankhead Drive and Interstate 440 is also four (4) stories. Attached for your review are six (6) copies each of the Civil Site Layout Plan, Architectural Exterior Elevation Plan sheet, and Carole's Addition Lot 1 replat survey. Additionally, the application affidavit and a $205 check to satisfy the application filing fee, as well as an FAA Permit, are enclosed. Please advise if you need any further information in advance of the Board of Adjustment May 21, 2018 meeting regarding this variance. Respectfully submitted, B& F ENGINEERING, INC. John W. Rogers, P.E. JWR/sjb Enclosures cc: Mr. Jack D. Grundfest w/encl. via email Mr. Rajesh Mehta w/encl. via email Hot Springs Office: 928 Airport Road• Hot Springs, Arkansas 71913 · Phone: 501-767-2366 · Fax: 501-767-6859 ·Web Site: www.bnfeng.com JUNE 25, 2018 ITEM NO.: B File No.: Z-9327 Owner/Applicant: Jim Garrett and Ruthanne Murphy Address: 609 S. Michael Place Description: East side of St. Michael Place, north of St. Michael Drive Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 and the building line provisions of Section 31-12 to allow a storage building with reduced rear (street fronting) setback and which crosses a rear 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 located at 609 St. Michael Place is occupied by a one-story frame single family residence. The property is located on the east side of St. Michael Place, north of St. Michael Drive. The lot backs up to Loyola Drive, which is located along the rear (east) property line. A two-car wide driveway is located at the southwest corner of the lot. The lot contains 25 foot front and rear platted building lines. The applicant proposes to construct a one-story 12 foot by 20 foot detached storage building within the rear yard area, as noted on the attached site plan. The proposed accessory structure will be located at the northeast corner of the lot. The accessory structure will be located six (6) to eight (8) feet back from the rear (west) property line and five (5) feet back from the north side property line. It will be separated from the principal structure by approximately 20 feet. The majority of the proposed accessory structure will be located between the 25 foot platted rear building line and the rear (west) property line. Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum rear (street fronting) setback of 60 feet for accessory structures on double-frontage lots. JUNE 25, 2018 ITEM NO.: B Z-9327 Section 31-12(c) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the accessory storage building with a reduced rear (street fronting) setback and which crosses a rear platted building line. Staff is supportive of the requested rear setback and building line variances. Staff views the request as reasonable. The proposed accessory structure within the rear yard area will not be out of character with many other similar structures throughout this neighborhood. The rear property line of the subject property is located along a street right-of-way which requires that an accessory structure have a 60 foot front and a 60 foot rear setback. This requirement would locate an accessory structure within the side yard of this lot which is only 118 to 131 feet deep. An accessory structure within a side yard would be out of character with the neighborhood. A six (6)foot high wood fence is located along the rear (west) property line of this lot. The fence will hide a large portion of the proposed accessory structure, as viewed from Loyola Drive. Staff believes the proposed accessory storage building with reduced rear (street fronting) setback and which crosses a rear platted building line 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 rear building line for the accessory structure. The applicant should review the filling procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. Staff believes that the rear platted building line on this lot could be for principal structures only. The applicant needs to review the Bill of Assurance for this subdivision to determine the purpose of the rear platted building line. If it is determined that the rear platted building line is for principal structures only, a replat of the lot will not be required, and the variance granted by the Board of Adjustment will be for the reduced rear setback only. C.Staff Recommendation: Staff recommends approval of the requested setback and building line variances, subject to the completion of a one-lot replat reflecting the change in the rear platted building line as approved by the Board, if it is determined that the rear platted building line applies to accessory structures. BOARD OF ADJUSTMENT (May 21, 2018) The applicant was not present. There were no objectors present. Staff informed the Board that the item needed to be deferred as the applicant failed to complete the required notices. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the June 25, 2018 meeting by a vote of 4 ayes, 0 noes and 1 absent. 2 JUNE 25, 2018 ITEM NO.: B Z-9327 BOARD OF ADJUSTMENT (June 25, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 3 ayes, 0 noes and 2 absent. 3 April 22, 2018 Little Rock Zoning Commission Department of Planning and Development 723 West Markham Little Rock, AR 72205 Dear Members: We recently purchased a home at 609 St. Michaels Place, Little Rock AR 72211. We are seeking to install a non-permanent storage building in our back yard. As you will note per the enclosed land survey prepared at the time of our purchase of the property, we have a couple of unusual item showing on the survey. First, in the far upper left corner, a 10' by 28' jag in the property line. I am told this belongs to the city.I should interject here, that if this were not so, I would not have to encroach on the easement. Also, because our property backs up to Loyola Drive, we have not only a 10' easement, but another 15' building line for a total of 25'. As you know that is not use-able property to us, but we must maintain it. In all, of our 10,000 sq. Ft. Lot, more than 4000 sq. ft. Is unusable. You will notice as well, there is a brick retaining wall running across the yard which is approx. 6' tall, and essentially separates our yard into 2 distinct pieces. The building would be located in the upper left section located 5' from the wall and 5' from my neighbors fence. There are several rather large pine trees located within this corner, and by positioning the building as proposed in the drawing we would not have to remove them. You will notice we would however have to cross the easement as well as the building line, thus this application. The building itself would be 12' wide by 20' long, and will house my lawn equipment, power washer, as well as lawn furniture during the winter months. As a retired person, I enjoy tinkering with projects, as I have some woodworking tools, this would allow me to have a small space for a bench and tools. As stated above, it will be site built by a professional contractor, on runners so it could be moved, wood frame construction with a shingle roof. Thank you for considering our application, and thank you for your time! Respectfully Jim Garrett Ruthanne Murphy JUNE 25, 2018 ITEM NO.: 1 File No.: Z-4276-B Owner/Applicant: Steve and Robin Mangan Address: 39 Beverly Place Description: East side of Beverly Place, north of Hawthorne Road Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a building addition resulting in 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.Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5)feet if they have properly constructed fire walls which provide the requisite one (1)hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line, and are prohibited when the exterior wall is less than three (3) feet from the line. There is no restriction on openings when the exterior wall is more than three (3) feet from the property line. Contact the City of Little Rock Building Codes at 371-4832 for additional details. C.Staff Analysis: The R-2 zoned property located at 39 Beverly Place is occupied by a two-story, single family residence and a detached, one-story garage structure. There is six (6) feet of separation between the two structures. The applicants propose to repurpose the garage to storage and a hobby workshop on the lower level with the addition of JUNE 25, 2018 ITEM NO.: 1 Z-4276-8 extra living space on a new upper level. The two structures would then be joined together with a new addition filling in the currently-existing six foot separation. This new connecting addition would have the effect of making the two structures into one. The detached garage structure will become part of the principal structure. The existing garage structure has a rear yard setback of three feet. As part of the principal structure, it should have a rear yard setback of twenty-five feet, as called for by Section 36-254. Thus, a variance is requested to allow for the reduced setback. Staff is supportive of the requested setback variance. In reality, the garage structure is in place and a second story could be added to that structure with no variance as it complies with setback and area coverage regulations. Filling in the currently­- existing six foot separation to the garage structure to the principal structure changes nothing in the way of existing or allowable coverage. D.Staff Recommendation: Staff recommends approval of the requested rear yard setback variance subject to compliance on the Building Code comments outlined in Paragraph B of the agenda staff report. BOARD OF ADJUSTMENT (June 25, 2018) Steve Mangan was present, representing the application. There were two (2) objectors present. Staff presented the application with a recommendation of approval. Steve Mangan addressed the Board in support of the application. He explained the proposed additions to the existing home and garage. He noted that most homes in the Beverly Place Addition were larger than his house. He noted that his house with additions would be compatible with the neighborhood and explained. Stephen Giles addressed the Board with concerns. He noted that the applicant did not have a hardship in his opinion. He noted that windows should be restricted on the proposed additions. The property immediately north and east of Mr. Mangan's property was discussed. Michael Huckabay also addressed the Board with concerns. He noted that he had met with Mr. Mangan and discussed the project. He wanted to assure that the proposed building footprint would be adhered to if approved by the Board. Mr. Mangan stated that the site plan, if approved, would be followed. Allowed roof overhang was briefly discussed. Staff noted that building setbacks are measured to exterior finished walls and that the zoning ordinance allowed up to 30 inches for roof overhang. Mr. Huckabay asked if the existing rock wall along Mr. Mangan's south property line would be retained. Mr. Mangan stated that the rock wall would not be altered. 2 JUNE 25, 2018 ITEM NO.: 1 Z-4276-B There was a brief discussion regarding the number of windows which would be allowed. Staff noted that building codes would limit the number of windows on the east end of the proposed addition to the existing garage. There was a motion to approve the application as recommended by staff. The motion passed by a vote of 3 ayes, 0 noes and 2 absent. The application was approved. 3 April 22, 2018 Board of Adjustment City of Little Rock Planning and Development Department 723 West Markham Street Little Rock, AR 72201 RE: Steve and Robin Mangan Variance Request Dear Board of Adjustment: We are writing to request a variance for construction proposed at 39 Beverly Place, Little Rock, AR. The proposed addition connects the existing residential structure to a new addition above the existing garage space. The need for a variance is due to the fact that a previous owner sold the rear yard to the next -door neighbor, leaving only a 3' space between a pre- existing garage and the rear property line. As a result, rear yard setbacks are not in compliance with section 36 -254 (d)(3). Ingress and egress to the existing garage has been made extremely difficult because of the shortened rear property line and existing landscaping. We propose to repurpose the existing garage space to storage and a hobby workshop on the lower level, with the addition of an extra living space on the second level. We would then connect the renovation to the existing residence by continuing the exterior of the southern wall of the house eastward to the new construction along the southern side of the property. (See attached drawings) The current space between the two structures is approximately 6'. Closing the gap would allow passage from the existing residence to the proposed space without going outside. We do not request any extension of the footprint to the south or the east, and all exterior finishes will match the style of the existing construction. Failing awnings and decking between existing structures will be removed to improve the final esthetic. Your consideration is appreciated. Simerely, Steve Mangan JUNE 25, 2018 ITEM NO.: 2 File No.: Z-9217-A Owner/Applicant: Luis Patrick Delozier Address: 4817 Stonewall Road Description: South side of Stonewall Road, at the dead-end, one block east of Jackson Street. Zoned: R-2 Variance Requested: A variance is requested from the fence height provisions of Section 36-516 to allow a fence to exceed the maximum allowable height. 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 lot located at 4817 Stonewall is occupied by a new, two-story, single family residence. The property is located on the south side of the street where Stonewall dead-ends. The applicant is proposing to erect an eight (8) foot tall wood privacy fence around the rear and sides of the property. Section 36-516 of the Code limits the height of fences in residential zones to six (6) feet. A portion of the proposed fence is to extend into the front setback and into the right-of-way to the edge of the street. Section 36-516 limits the height of fences within the setback adjacent to streets to four (4) feet. Staff is supportive of the requested variance. The property is located at the low end of Stonewall and adjacent properties are at a somewhat higher elevation. Allowing the increase in face height will provide the applicant with a greater degree of privacy and security. Eight (8) foot tall fences in residential zones are not that unusual and allowing this fence height variance should not impact adjacent properties. As noted, a portion of the proposed fence is to extend along the east property line into the front setback and right-of-way to the approximate edge of the street. It is an unusual situation in that Stonewall dead-ends at this point and there are already fences along this specific line. These fences are along the rear property line of the homes to the JUNE 25, 2018 ITEM NO.: 2 Z-9217-A east that front onto N. Spruce Street. The applicant's proposed fence will, in effect, be back-to-back within those existing fences. The applicant's fence will be designed to match or blend in with the existing fences. A franchise, through Public Works, will have to be obtained to allow the fencing in the right-of-way. C.Staff Recommendation: Staff recommends approval of the requested fence height variance subject to a franchise being obtained for any portion of the fence to be located in the right-of-­ way. BOARD OF ADJUSTMENT (June 25, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 3 ayes, 0 noes and 2 absent. 2 Department of Planning and Development Board of Adjustment 723 West Markham Little Rock, AR 72201 Dear Board of Adjustment, This proposal letter is to request and substantiate the grant of a Variance for a residence at 4718 Stonewall Road in Little Rock, AR. The Variance is relatively minor. The petitioner requests a Variance allowing an eight-foot, wooden fence to be built around the residential property, generally following the property line. The reason for this request is primarily to create privacy, as this property sits at the bottom of the hill on Stonewall-lower than most of the properties surrounding it. The proposed fence's eight-foot height is requested in order to provide both privacy and for increased home security. It is the absolute intent of the petitioner to create a fence that specifically blends in with the neighboring fence types and appearances: •The proposed fence will be constructed of similar wood as several neighboring properties' fences •The proposed fence will be finished (paint/stain/varnish) as several neighboring properties' fences •The proposed fence will not incorporate and "standout" features such as concrete pillars or visually attention-grabbing decorative protrusions •The proposed fence is desired, intended, and will be built specifically to be unobtrusive and "low key," blending in with the neighborhood. Respectfully submitted, Patrick Delozier, Petitioner 4817 Stonewall Road Little Rock, AR 72207 501-258-2911 Patrick.delozier@alotian.com JUNE 25, 2018 ITEM NO.: 3 File No.: Z-9325-A Owner: Airport Hotels, LLC Applicant: John Rogers Address: 4201 E. Roosevelt Road Description: South side of E. Roosevelt Road, west of Airport Road Zoned: C-4 Variance Requested: Variances are requested from the wall sign provisions of Section 36-557 to permit wall signs which do not face required street frontages. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Hotel STAFF REPORT A.Public Works Issues: No comments on the requested sign variance. No other elements of the project design have been reviewed at this time. B.Staff Analysis: The applicants are proposing to construct a new four (4) story hotel on this undeveloped. C-4 zoned tract. A height variance request (Z-9325) is a separate item on this agenda. The property has one street frontage, Roosevelt Road. The hotel is proposed to be located on the southern portion of the property, some 320'+ south of Roosevelt Road. The proposed hotel will have visibility from Airport Road, Bankhead Drive, Roosevelt Road and 1-440. Section 36-557 of the code requires wall signage to face required street frontages. To facilitate visibility of the hotel to guests, the applicants are proposing to place wall signage on two of the three facades without direct street frontage. Two wall signs are proposed on the north fa9ade facing Roosevelt Road. One is a 72 sq. ft. sign on the main fa9ade and the second is a 10 sq. ft. sign on the porte cochere wall facing the street. The north fa9ade of the building has an area of 4,500 sq. ft._±. The proposed 82 sq. ft. of wall signage is well below the 450 sq. ft. allowed by code (10%). A wall sign is proposed on the east fa9ade which, due to the orientation of the building, is actually the front of the hotel. This proposed wall sign is approximately 105 sq. ft. in area. The east facade of the building is approximately JUNE 25, 2018 ITEM NO.: 3 Z-9325-A 17,000 sq. ft. in area. The proposed wall sign occupies about 0.010% of the facade. An additional wall sign is proposed for the south fac;ade which has visibility from I- 440 and Bankhead. The sign area and coverage on the south fac;ade matches that of the north fac;ade. A single ground-mounted sign is proposed on the Roosevelt Road frontage and no signage is proposed on the west fac;ade of the building. Staff is supportive of the variances from section 36-557 to allow the proposed wall signs on the east and south facades. The proposed wall signage on the north (street facing) fac;ade is well below the area allowed by code. Allowing a "SWAP" of sign area from the north fac;ade to the south and east facades where the building is more readily visible to passing motorists and guests seems to staff to be a reasonable request. C.Staff Recommendation: Staff recommends approval of the variance request subject to no additional wall signage being placed on the north fac;ade of the building. BOARD OF ADJU STMENT (June 25, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 3 ayes, 0 noes and 2 absent. 2 May 22, 2018 City of Little Rock 723 West Markham Street Little Rock, AR 72201 ATTN: Mr. Monte Moore Zoning and Enforcement Administrator RE: Airport Hotels, LLC Fairfield Inn & Suites by Marriott Little Rock, Arkansas B&F No. 7-4154-0201 Dear Mr. Moore: On behalf of Airport Hotels, LLC and pursuant to the Little Rock Code of Ordinances, we are requesting a couple of variances regarding the maximum height of a proposed building and quantity of building signage. Chapter 36, Article V, Division 4, Section 36-302(d) limits the maximum height of a structure in a C-4 Zone to thirty-five (35) feet. Airport Hotels, LLC would like to construct a hotel of height 51'-7" above finished floor, as shown in the plans provided. We believe that our request for a variance is justified, as the neighboring Comfort Inn & Suites is five (5) stories in height; additionally, the Holiday Inn located at Bankhead Drive and Interstate 440 is also four (4) stories. The signs are proposed as indicated on the Signage Site Plan which includes 4 on the building and 1 located at the driveway on E. Roosevelt. Sign details are provided demonstrating lettering that is integral with the building fa9ade and well below the maximum size allowable. The building is positioned a distance greater than 350' from adjacent public roads, but has visibility from Airport Road, Bankhead Drive, E. Roosevelt Road and 1-440. Signs are indicated on 3 faces of the building in order to serve the multiple approaches from Little Rock visitors. Please note that the variance request of a 4th.sign is a 12 SF, non-illuminated sign on the Portico that serves directional purposes for check-in of guests. There are two signs that face E. Roosevelt and conform to Section 36-353(d)(2) being less than 10% of the fa9ade. Attached for your review are six (6) copies each of the Civil Site Layout Plan, Architectural Exterior Elevation Plan sheet, FAA permit, signage plans and Carole's Addition Lot 1 replat survey. The application affidavit and review fee were previously submitted. Please advise if you need any further information in advance of the next Board of Adjustment meeting regarding this variance. Respectfully submitted, B & F ENGINEERING, INC. John W. Rogers, P.E. JWR/sjb Enclosures cc: Mr. Jack D. Grundfest w/encl. via email & Mr. Rajesh Mehta w/encl. via email Hot Springs Office: 928 Airport Road· Hot Springs, Arkansas 71913 • Phone: 501-767-2366 · Fax: 501-767-6859 Web Site: www.bnfeng.cQm JUNE 25, 2018 ITEM NO.: 4 File No.: Z-9329 Owner: Jason Keith Taylor Applicant: Frederick Gentry Address: 1612 S. Commerce Street Description: West side of Commerce Street, south of E. 16th Street Zoned: R-4 Variance Requested: A variance is requested from the design provisions of Section 36-370 to permit the use of metal on the exterior of a proposed new residence. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Lot Proposed Use of Property: Duplex Residence STAFF REPORT A.Public Works Issues: No Comments B.Staff Analysis: The applicant is proposing to construct a new residential structure on the vacant, R- 4 (duplex) zoned lot located at 1612 S. Commerce Street. The first floor will contain a 2,482 square foot residence and a two-car garage. A small studio apartment will be located in a second floor over the garage. The property is located within the Central City Redevelopment Corridor Design Overlay District. Subsequent to the January 21, 1999 tornado which passed through the central part of the city, the Board passed Ordinance #18,064 establishing the DOD. The DOD established some minor architectural criteria to endure that new construction would be compatible with the established neighborhood as the properties were redeveloped. The DOD was codified in the Zoning Ordinance as Sections 36-368 through 36-372. Exceptions were made for properties lying in the Capitol Zoning District and the MacArthur Park Historic District. JUNE 25, 2018 ITEM NO.: 4 Z-9329 The criteria relating to residential construction are as follow: (1)Roofline. A roof pitch of less than 4:12 shall be prohibited. (2)Materials. The materials of the exterior shell shall be wood, brick or a material that resembles wood. (3)Orientation. The orientation shall be consistent with that of other structures on the developed block face. (4)Entrances. The primary entrance shall be consistent with that of other structures on the developed block face. (5)Parking. Parking shall be prohibited in the front yard setback. The residence proposed by the applicant complies with all of the criteria, with one exception. They are requesting a variance to be permitted to utilize metal on the exterior of the structure. Staff is supportive of the request. Only two small areas of the DOD remain; a small area west of Capitol Zoning north of Roosevelt and this area east of Capitol Zoning south of 1-630. This area east of Capitol Zoning has been developing with a variety of structural designs; some family traditional and some more modern. Several new residences with more modern designs (flat roofs, ribbed metal, etc.) have been constructed in this general area, both inside and outside the DOD boundaries. On October 30, 2017, the Board approved variances to allow construction of a new residence on the lot adjacent to the north of this lot with a flat roof, metal siding and a concrete driveway in the front yard area. That residence is now under construction. Staff believes this proposed new residence will not be out of character with other newer construction in the area. The new residence will be a quality in-fill development. The CCRC-DOD was established as an immediate reaction to the tornado which impacted this area 17 years ago. Any reconstruction of structures destroyed by the tornado has long since occurred. Staff believes the requested variances will have no adverse impact on the surrounding properties or the general area. C.Staff Recommendation: Staff recommends approval of the requested variances from the Central City Redevelopment Corridor Design Overlay District standards, as filed. 2 JUNE 25, 2018 ITEM NO.: 4 Z-9329 BOARD OF ADJUSTMENT (June 25, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 3 ayes, 0 noes and 2 absent. 3 Jason Keith Taylor 16 Village Way Maumelle, AR 72113 (202)285-0180 Mr. Monte Moore Zoning Administrator 723 West Markham Street Little Rock, AR 72201 May 22, 2018 RE: 1612 S. Commerce Street Legal Description: LOT9 BLOCK 52 CITY OF LR 11-1N-12 Mr. Moore: I am submitting an application for a residential zoning variance request for the construction of a new home that will be located at 1612 S. Commerce Street. The construction of the home will adhere with all required setback requirements and any other current building standards as defined by city code. However, there are two exceptions that require a variance. 1.The exterior siding of the proposed house will be constructed of metal instead of brick or wood. This is consistent with several homes that have been constructed in the area over recent years. 2.A small studio apartment will be constructed above the garage at the rear of the house off of the alley as depicted in the attached renderings. Please let Frederick Gentry know if you have any additional questions or need more information prior to the next board of adjustment meeting scheduled for June 25, 2018. Frederick Gentry fgentry@rpmgroup.com Cell (501) 744-1313 Respectfully, Jason K. Taylor JUNE 25, 2018 ITEM NO.: 5 File No.: Z-9330 Owner: Mitchell Jansonius Applicant: Scott Smith Address: 6002 Brentwood Description: North side of Brentwood Road, one lot west of N. University Avenue Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to permit a building addition with a reduced rear yard setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Single Family Residence Proposed Use of Property: Single Family Residence STAFF REPORT A.Public Works Issues: No Comments B.Staff Analysis: The R-2 zoned lot located at 6002 Brentwood is occupied by a two-story, frame, single family dwelling. The home was constructed in 1910 and is located on the rear half of the lot. The main body of the house has a front setback of 55 feet. A single car carport is located in front of the house with a front setback of 25 feet. The home was constructed some 40 years prior to construction of the surrounding neighborhood. Duplex residences are located adjacent to the east, west and north. The University of Arkansas Cammack Campus is located to the south. The applicant proposes to construct an addition onto the rear and side of the house, resulting in a rear yard setback of five (5) feet. Section 36-254 of the code requires a rear yard of 25 feet. Staff is supportive of the requested variance. The applicant proposes to preserve the historic original architecture of the home from the front and sides. The proposed setback is compatible with the building setbacks on the adjacent lots. This lot backs up to a driveway and parking lot serving the duplex located on the lot to the north; resulting in adequate separation from any structure on that lot. The lot is only 120 JUNE 25, 2018 ITEM NO.: 5 (CON'T.) Z-9330 feet deep. At some point in the distant past, the northern 20 feet of this property was incorporated into the lot to the north, reducing the buildable area on the subject lot. Staff believes the proposed rear yard setback variance is appropriate. C.Staff Recommendation: Staff recommends approval of the requested rear yard setback variance. Board of Adjustment: (June 25, 2018) Staff informed the Board that on June 22, 2018 the applicant submitted a letter requesting this application be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda for withdrawal. The vote was 3 ayes, 0 noes and 2 absent. The application was withdrawn. 2 Date: May 21, 2018 Department of Planning and Development 723 West Markham Little Rock, AR 501-371-4790 RE: Variance for rear yard encroachment Dear Sir or Madam: I am writing to you in regards to the home at 6002 Brentwood Road in the city of Little Rock, AR 72207. I am requesting a variance to the code requiring a minimum of 25'-0" rear yard setback at rear of the existing house. The existing house currently sits on the property at an angle with the northeast corner situated approximately 16' -0" off the rear property line. The house was built in in 1910 before the surrounding properties were developed and built on, which speaks to why the house sits on the property at this angle. I have plans to preserve the original architecture of the home from the front and sides, while adding onto the back and reworking the inside to a more updated floor plan. Our proposed design calls for an expansion of the rear and side of the house on the northeast corner, encroaching into the rear yard 10'-0" which puts us 5'-0" off the rear property line, and expanding the side by S'-0", which puts us at 9'-0" off the side property line, which is within the called for 10% setback currently in place. The neighboring houses are similar in the site layouts, and expanding the rear of the house keeps the front in line with the other houses along the street and preserves the architectural integrity of the home. We hope you will consider our request to encroach into the rear yard setback allowing us to preserve the historical aspects of the front. Sincerely, Scott Smith JUNE 25, 2018 ITEM NO.: 6 File No.: Z-9331 Owner: Frederick and Mary Barr Applicant: William Miller Address: 1823 N. Tyler Street Description: East side of N. Tyler Street, midway between Kavanaugh Blvd. and Cantrell Road Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to permit a carport 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.City of Little Rock Code of Ordinances Sec. 30-43 prohibits residential driveways wider than twenty (20) feet. Where a property abuts an alley, the minimum distance between a driveway and the property line is ten (10) feet. Any proposed driveway modifications should bring the driveway into compliance. B.Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5)feet if they have properly constructed fire walls which provide the requisite one (1)hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line, and are prohibited when the exterior wall is less than three (3) feet from the line. There is no restriction on openings when the exterior wall is more than three (3) feet from the property line. Contact the City of Little Rock Building Codes at 371-4832 for additional details. JUNE 25, 2018 ITEM NO.: 6 Z-9331 C.Staff Analysis: The R-2 zoned lot located at 1823 N. Tyler Street is occupied by a two-story, brick and frame, single family residence. A garage on the rear of the house is accessed from the alley. The applicants are proposing to construct a carport addition to the rear of the house, over the existing driveway off of the alley. The carport addition will result in a rear yard setback of 2.9'. The carport will be supported by brick columns of the same brick as the residence and covered with a shingled roof matching that of the residence. Section 36-254 of the code requires a 25 foot rear yard setback. Staff is supportive of the requested variance to allow the carport addition. The carport will not be out of character with other properties in the general area. Several other properties have similar rear yard area coverage. The carport will remain open and unenclosed on its north, south and east sides. Staff does not believe the reduced rear yard setback for the carport addition will adversely impact surrounding properties. D.Staff Recommendation: Staff recommends approval of the requested rear yard setback variance, subject to compliance with the Public Works and Building Code comments in paragraphs A and B of the agenda staff report and subject to the carport remaining open and unenclosed on its north, south and east sides. BOARD OF ADJUSTMENT (June 25, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 3 ayes, 0 noes and 2 absent. 2 William L. Miller D/B/ A Miller Construction P.O Box 26206 Little Rock, Arkansas 72221 May 20, 2018 Little Rock Board of Adjustment 500 West Markham Little Rock, Arkansas 72201 Dear Members of Board of Adjustment: On behalf of the home owner, I am writing to seek a rear setback variance to add a carport to an existing house over an existing concrete driveway for a single family residence at 1823 North Tyler for the purpose of providing additional covered parking to avoid adverse weather situations. Current zoning rules state the rear setback is twenty five feet from the property line. I respectfully request a variance to add this carport approximately five feet from the rear property line and within the twenty five foot rear setback. Without the variance, the carport cannot be added to the existing house. Access to the carport will be by way of the existing concrete driveway extending from the alley behind the residence. Driveways for all houses on the street are entered from the alley. Currently, other houses on the street have attached garages or carports within the twenty five foot rear setback without causing a public problem. This new carport will provide additional covered parking adding to owners' and visitors' comfort such as that provided by other properties on the street without violating the spirit of the zoning requirement. The variance does not convey a special privilege to the homeowners since other houses also have attached garages or carports within the twenty five foot setback. This new carport will be supported by brick columns of the same brick as the residence and covered with a shingle roof matching that of the residence. Landscaping improvements will blend the carport within the existing landscape and trees. The carport will blend with the aesthetics of the existing residence and landscaping and will not, therefore, affect the neighborhood adversely in any manner. Thank you for your thoughtful consideration of this request. Sincerely William L. Miller JUNE 25, 2018 ITEM NO.: 7 File No.: Z-9332 Owner/Applicant: Thomas and Pamela Kiser Address: 1404 N. Mellon Street Description: West side of N. Mellon Street, north of Evergreen Drive 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 permit a front porch 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 Residence Proposed Use of Property: Single Family Residence STAFF REPORT A.Public Works Issues: No Comments B.Staff Analysis: The R-2 zoned lot located at 1404 N. Mellon Street is occupied by a two-story, brick and frame, single family residence. The residence appears to have been constructed in the early 1960's. A narrow second floor balcony extends across the front of the house. The balcony provides some small amount of coverage over a small entry stoop. The applicants propose to remove the balcony and to construct a usable front porch. The proposed porch is indicated as 25'6 wide and 7' deep. The new porch will have a front yard setback of 21.8 feet and will cross a 25 foot platted building line by 3'4". Section 36-254 requires a minimum front yard setback of 25 feet and Section 31-12 requires that building line encroachments be reviewed and approved by the Board of Adjustment. Staff is supportive of the requested setback and building line variances. The proposed porch is approximately 50% of the overall width of the house. The 3'4" encroachment across the 25' building line is fairly minor and should have no impact on adjacent properties. The porch will remain open and unenclosed. JUNE 25, 2018 ITEM NO.: 7 Z-9332 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 porch. 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 front setback and front building line variances subject to compliance with the following conditions: 1.Completion of a one-lot replat reflecting the change in the front building line as approved by the Board. 2.The porch is to remain open and unenclosed on its north, south and east sides. BOARD OF ADJUSTMENT (June 25, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 3 ayes, 0 noes and 2 absent. 2 May 22, 2018 1404 Mellon St. Little Rock, AR 7207 Dear Board Members, We are requesting a building line variance to add a porch to the front of our house at 1404 Mellon St. Currently, there is a small balcony, which is too narrow to be useful and is also in need of repair due to rust, rotting wood, and a railing with peeling paint and quite large gaps between the bars. We believe it would be safer and much more useful to have a ground level porch. Unfortunately, the building line would only permit the porch to be 3 foot, 8 inches deep (less where the bow window projects into the center of the proposed porch area). We've read (A Pattern Language by Christopher Alexander, pp 782-784) that porches that are less than six feet deep are rarely used because people can't sit facing each other easily. Ideally, we would like it to be seven foot deep so that we can make it a gathering spot, with a swing, table and chairs, and a ceiling fan. It would be open sided and would not obstruct any views from the neighbors. We believe the new porch would facilitate casual interactions with the neighbors and greatly enhance the appearance and value of the house, which in turn would also help the appearance and property values in the neighborhood. Thank you for considering our application. Sincerely, Thomas and Pamela Kiser JUNE 25, 2018 ITEM NO.: 8 File No.: Z-9333 Owner/Applicant: Edgar and Kathy Hall Address: 1816 Pine Valley Road Description: West side of Pine Valley Road; north of Rockwood Road Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to permit a carport addition with a reduced side 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 Public Works will not maintain any drainage easements where access from the right-of-way has been restricted by fences or other development. B.Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5)feet if they have properly constructed fire walls which provide the requisite one (1)hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line, and are prohibited when the exterior wall is less than three (3) feet from the line. There is no restriction on openings when the exterior wall is more than three (3) feet from the property line. Contact the City of Little Rock Building Codes at 371-4832 for additional details. JUNE 25, 2018 ITEM NO.: 8 Z-9333 C.Staff Analysis: The R-2 zoned property located at 1816 Pine Valley Road is occupied by a one-­ story, frame, single family residence. A single, concrete-paved driveway extends from the street along the west side of the house. A concrete-paved parking area is located along the west side of the home. There is no covered parking. The property sits lower than the properties to the west. The applicants state they have had damage to their home as a result of the long-term water run-off from the neighboring properties. That issue is exasperated by water running off of their own uncovered concrete parking area. The applicants are proposing to construct an unenclosed carport cover over the parking area. The carport will not only serve to provide covered parking but will also, with the addition of guttering and down spouts, help to alleviate some of the water issue. A diversion wall at the west side of the carport/parking area will help divert water away from the house. The proposed carport cover is to have a side yard setback of 1.5 feet. Section 36- 254 requires a side yard setback of 8 feet for this lot. Staff is supportive of the requested variance. The carport will remain open and unenclosed on its north, south and west sides. The carport will be erected over an existing, concrete-paved parking area. The property to the west is at a higher elevation and it appears that the home on that lot is located 15+ feet off of the common lot line, providing adequate separation. Allowing the carport as proposed should not impact adjacent properties or the neighborhood. D.Staff Recommendation: Staff recommends approval of the requested side yard setback variance, subject to compliance with the following conditions: 1.Compliance with the Public Works and Building Code comments in paragraphs A and B of the agenda staff report. 2.The carport to remain open and unenclosed on its north, south and west sides. 3.The overhang and guttering are to be designed so as to divert water run-off away from adjacent properties. BOARD OF ADJUSTMENT (June 25, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 3 ayes, 0 noes and 2 absent. 2 May 1, 2018 To Whom It May Concern: I would like to request an offset variance to allow for additional space to build a cover over our driveway. The driveway is located on the west side of our house where there is 17.2 feet of space between the house and the property line. This cover will be attached to the house on one side and open on the other three walls. It is part of our overall plan to address drainage issues and alleviate as much water as possible from flowing under our house. We are on the downhill side of the neighboring properties which is creating this excessive flow of water. The carport design includes a support wall near the property line that will also serve as a retaining wall to divert the water flow towards the street. The roof of the proposed structure will also prevent the rain falling on the concrete drive and then under the house to be redirected with gutters. We have already had to have repairs made to the foundation and a new subfloor on this side of the house. French drains have also been installed but are not sufficient for the volume and flow of the water. We request a setback of 18 inches to use as much of the 17.2 feet as possible for the new structure so it can protect all of that area. The overhang and gutters will not extend beyond the property line. Respectfully, Kathy Hall 1816 Pine Valley Road, Little Rock, AR JUNE 25, 2018 ITEM NO.: 9 File No.: Z-9334 Owner: VPV Properties LLC Applicant: V2 Sign Company Address: 10700 N. Rodney Parham Road Description: NW corner of I-430 and N. Rodney Parham Road Zoned: C-3 Variance Requested: Variances are requested from the sign provisions of Section 36-555 to permit a free standing/ground-sign which exceeds 160 sq. ft. in area and which has a setback of less than 5 ft. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Multi-Business Commercial Shopping Center Proposed Use of Property: Multi-Business Commercial Shopping Center STAFF REPORT A.Public Works Issues: No comments on this sign variance 8.Staff Analysis: The Village at Pleasant Valley Shopping Center is located at the northwest corner of the I-430/Rodney Parham interchange. A concrete retaining wall extends along the majority of the perimeter of the property where adjacent to the southbound I-430 exit ramp to Rodney Parham Road. The applicants are proposing to place illuminated signage on the retaining wall identifying the Shopping Center and its tenants. The area of the proposed signage is in the range of 500 sq. ft. and the retaining wall has a setback of 1-2 feet from the property line. Section 36-555 states the maximum size of a ground sign in commercial districts is 160 sq. ft. and those signs are to have a setback from all property lines of no less than 5 ft. The applicants are requesting variances from these two provisions. They are requesting the proposed sign in lieu of any additional ground signs on this perimeter of the property. Staff cannot support the requested variances due to the nature of the proposed sign. There have been instances where staff has supported larger signs in lieu of multiple signs and staff has also supported reduced setbacks. However, in this case, staff is not supportive of allowing the use of the retaining wall as signage. Staff is concerned that allowing this proposed sign could lead to similar requests; recognizing that no action of the Board sets a precedent. In general, the code discourages placement JUNE 25, 2018 ITEM NO.: 9 Z-9334 of signs on fences or walls. Additionally, the placement of illuminated signage in such close proximity to traffic on the interstate exit ramp could be a traffic safety concern. D.Staff Recommendation: Staff recommends denial of the variances. Board of Adjustment (June 25, 2018) Staff informed the Board that on June 21, 2018 the applicant submitted a letter requesting this application be deferred to the July 30, 2018 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda for deferral to the July 30, 2018 agenda. The vote was 3 ayes, 0 noes and 2 absent. The application was deferred. 2 V2 Sign Company - Drew McGraw 25608 Interstate 30. Bryant, AR 72022 501-213-0663 drew@v2sign.com May 15, 2018 Board of Adjushnent 723 W Markham St. Little Rock, AR 501-371-4790 Dear Board of Adjushnent, V2 Sign Company is working with Flake and Kelly Property Management co. at 10700 N Rodney Parham RD. Little Rock, AR. We are requesting a variance to allow signage on the retaining wall running parallel with I 430 and the Rodney Parham exit ramp. This location will give us the visibility we need as well as adding beautification to the property. The property owners are willing to give up adding any additional monument signs for this specific street frontage with the approval of the board. Due to the overpass and foliage on this street frontage. The retaining wall will allow us to better advertise our tenants to the passing traffic. Sincerely, V2 Sign Company -Drew McGraw JUNE 25, 2018 ITEM NO.: 10 File No.: Z-9335 Owner: Buckhead Investments LLC and 2012 Fuqua Family Trust Applicant: Adams Engineering Address: 515 W. 6th Street Description: South side of W. 6th Street, from Broadway to Arch Street Zoned: UU Variance Requested: 1.Section 36-342.1.(c)(3) to permit a drive-through facility visible from a primary street (Broadway). 2.Section 36-342.1 (c)(5) to waive the street-tree requirement if not permitted by ArDOT and/if there are any existing utilities that prohibit the plantings. 3.Section 36-342.1 (c)(7) to permit building orientation not at the street level at the sidewalk. 4.Section 342.1 (c)(8) to permit street fronting building fac;:ade with less than 60% transparency or windows. 5.Section 36-342.1 (c)(1 0)b to allow parking between the building and the streets. 6.Section 36-342.1(c)(11) to allow a ground-mounted sign with a maximum area of 160 sq. ft. and a maximum height of 36 ft. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Surface Parking Lot Proposed Use of Property: Restaurant with Drive Through STAFF REPORT A.Public Works Issues: 1.The Public Works Department has no comment on the proposed variances to Chapter 36 of City of Little Rock Code of Ordinances. 2.Prior to approval of the building permit, the proposed driveway on Broadway must have an island constructed to prevent left turns onto Broadway Street. 3.Prior to approval of the building permit, the developer must agree to make boundary street improvements. Boundary street improvements shall include, but not be limited to, reconstruction of one-half section of the abutting street if the existing street is not up to city standards. Repair, replace, or extend existing damaged or missing curb and gutter, sidewalk, ramps or concrete JUNE 25, 2018 ITEM NO.: 10 Z-9335 driveway aprons within the public right-of-way adjacent to the site. Sidewalk, ramps and driveway aprons which do not conform to ADA guidelines must be repaired or replaced. Remove abandoned driveway cuts and install curb, gutter, and sidewalk. All work within the public right-of-way shall conform to City of Little Rock Standard Details and ADA guidelines. 4.Prior to approval of the certificate of occupancy, twenty (20) foot radial right-of­- way dedications must be made at the intersections of W. 6th Street and Broadway and W. 6th Street and Arch Street in accordance with the Master Street Plan. 5.ARDOT has approval authority for any improvements made within the right of way of Arkansas State highways. Contact Mr. Dan Ivy at 501-569-2171 prior to construction of any improvements within state right-of-way. B.Landsc ape and Buffer Issues: 1.Site plan must comply with the Little Rock Zoning Ordinance, Sec. 36-342.1. UU ·urban Use District and the City's minimal landscape and buffer ordinance requirements. 2.In accordance with the UU zoning district street trees a minimum of three-inch caliper will be required. The trees shall be located a minimum of two (2) feet off the back of a curb, placed thirty (30) feet on center and no closer than thirty (30)feet to a street intersection. A water source shall also be provided. The tree canopy shall be maintained at least eight (8) feet above the sidewalk. A franchise agreement must be obtained from Little Rock Public Works to place landscape materials in the public right-of-way. 3.Signage is to be reviewed and permitted separately. 4.A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street. This strip shall be at least nine (9) feet wide. The property is located in the City's designated mature area. A twenty-five (25%) percent reduction of the buffer requirements is acceptable. The minimum dimension of the perimeter planting strip shall be six (6)feet nine (9) inches. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 5.Screening requirements will need to be met for the vehicular use areas adjacent to street right-of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. 6.For parking areas with twelve or more spaces eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of 2 JUNE 25, 2018 ITEM NO.: 10 Z-9335 an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. 7.Building landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building. These shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. 8.An irrigation system shall be required for developments of one (1) acre or larger. For developments of less than one (1) acre a there shall be a water source within seventy-five (75) feet of all plant material if an automatic irrigation system is not provided. 9.All landscape areas shall be protected as per City of Little Rock Landscape Ordinance (Sec. 15-100). Provide notes on plan specifying type and location of mulch, edging, wheel stops, and/or concrete curb and gutter. 10. All ground or roof mounted mechanical systems shall be screened from abutting properties and streets. Any trash receptacles or pickup shall be oriented away from a primary street side of the property and screened from the public right-of-way. Screen shall exceed the height of the dumpster or trash containment areas by at least two (2) feet no to exceed eight (8) feet total height. 11. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. C.Staff Analysis: McDonald's USA is proposing to construct a new restaurant on the Urban Use (UU) zoned property located at the southwest corner of W. 6th and Broadway Streets. The proposed site consists of a half-block, bounded by W. 6th Street on the north, Broadway on the east and Arch Street on the west. The property is currently occupied by a commercial, surface parking lot. The applicants are requesting several variances from the UU district development criteria established in Section 36-342.1 (c). The variances are as follow: 1.Section 36-342.1.(c)(3) to permit a drive-through facility visible from a primary street (Broadway). 2.Section 36-342.1 (c)(5) to waive the street-tree requirement if not permitted by ArDOT and/if there are any existing utilities that prohibit the plantings. 3 JUNE 25, 2018 ITEM NO.: 10 Z-9335 3.Section 36-342.1 (c)(7) to permit building orientation not at the street level at the sidewalk. 4.Section 342.1 (c)(8) to permit street fronting building facade with less than 60% transparency or windows. 5.Section 36-342.1 (c)(1 0)b to allow parking between the building and the streets. 6.Section 36-342.1(c)(11) to allow a ground-mounted sign with a maximum area of 160 sq. ft. and a maximum height of 36 ft. Staff is supportive of the requested variances. The UU zoning district encompasses most of downtown, from the River south to I-630 and from east of I-30 to the Capitol Zoning District. The UU district was established to help create a dense, compact, distinguishable core area which allows for a broad use mix. One goal of the UU district was to create a pedestrian urban-oriented downtown. However, there are a variety of "sub-districts" in downtown. While clearly there are large areas of downtown that are pedestrian oriented, there are also areas that are less so. Broadway, especially south of 6th Street is one such area that retains its US Highway-vehicle oriented feel. This proposed new "fast food" restaurant is compatible with how Broadway, from 6th Street south to I-630 has developed. Each variance request is addressed as follows: 1.Section 36-342.1 (c)(3) states no new drive in or drive through facilities may be visible or take directed access from a primary street. Broadway is designated as one of the primary streets. From 6th Street south to 1-630, no fewer than seven (7) restaurants with drive throughs and one (1)bank with a drive through take access from Broadway. The proposed McDonald's drive through is compatible with development on this street. 2.Section 36-342.1 (c)(5) requires the planting of street trees in the right­ of-way adjacent to the site. The applicant will plant street trees where they are able to on Broadway, 6th and Arch Street. However, Broadway is a state/US highway and the right-of-way is controlled by ArDOT. There are utilities on both Arch and 6th Street which may prohibit the planting of street trees. 3.Section 36-342.1 (c)(7) states buildings must be oriented to the street and the primary entrance is to be at street level on the street at the sidewalk. This is a vestage of the original UU district language which required buildings to be constructed at the front property line. That no longer is required, but rather is allowed. The proposed McDonald's is oriented to the street. 4.Section 36-342.1 (c)(8) states the ground-level (street fronting) floor is to have a minimum surface area of 60% transparent or window display. The back of the proposed building faces Arch Street. This is the service entrance fagade and will have a transparency of closer to 1%. The dual 4 JUNE 25, 2018 ITEM NO.: 10 Z-9335 drive through order boards and stacking area are located on this side of the building. The 6th Street fac;ade is proposed with a transparency of 20% and the Broadway fac;ade is proposed with a transparency of 25%. While below the required 60%, the proposed transparency percentages are not out of character with other buildings. McDonald's is exploring building options to increase the transparency percentages. 5.Section 36-342.1 (c)(1 0)b states surface parking is to be located behind or adjacent to a structure, not between the building and the abutting street. This property has three (3) street frontages and any parking is going to be located between the building and one or two of the streets. The primary street is Broadway and a minimum portion of the parking is located between the building and that street. The proposed driveway and circulation is required to support this drive-through business. 6.Section 36-342.1 ( c)(11) states ground-mounted signs can only be permitted as a variance through the Board of Adjustment. As described previously, the nature of development along Broadway from 6th Street south to 1-630 is different from much of the core of downtown. Most of the businesses on this portion of the street have commercial ground-­ mounted signs. The sign proposed by McDonald's is not out of character. Staff believes each of the requested variances to be appropriate. D.Staff Recommendation: Staff recommends approval of the requested variances from the development criteria subject to compliance with the Public Works and Landscape comments outlined in paragraphs A & B of the agenda staff report. BOARD OF ADJUSTMENT (June 25, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 3 ayes, 0 noes and 2 absent. 5 �Adams May 21, 2018 Department of Planning & Zoning 723 W Markham Little Rock, AR 72201 RE: Proposed McDonald's Relocation -515 W 6th St Mr. Moore, McDonald's and Adams Engineering have been authorized to represent the property owner at the above address. McDonald's is proposing to relocate their existing restaurant located at 701 Broadway St to the current parking lot at 515 W 6th St. We are requesting 6 variances for this site and told these variances are typical for the new businesses built in the UU-Urban Use District. The first variance for this site is to allow the Drive-Thru to be visible from the primary street. This lot has streets on 3 of the 4 sides. The building is not able to be oriented to not be visible from a street. The Drive-Thru lane will be visible to Broadway St, the primary street. The second variance for this site is for the Street Trees. McDonald's will be planting street trees along Arch St, 6th St and Broadway St unless ArDOT does not allow on Broadway Street and/or if the existing utilities prohibit the trees from being planted. The third variance is for building orientation. The building is not at street level at the sidewalk. Due to the slope across the site and needing parking in this area, we have set the building back from the public walk. This also allows better flow around the site to keep traffic moving. The fourth variance is for transparency. The proposed building transparency does not meet the 60% required. The back of the building faces Arch St with approx. 1 % transparency. The Non-Drive-Thru side faces 6th St with approx. 20% transparency and the front of the building faces Broadway St with approx. 25% transparency. McDonald's exploring building options to obtain the required transparencies. We want to keep this variance on the agenda for now. The fifth variance is to allow parking between the building and the street(s). Although parking is not required in the UU District, McDonald's is requesting parking be allowed on site. With the site fronting 3 public streets, McDonald's is proposing approx. 60% of the parking to be located between the building and the streets. The staff parking will occupy approximately 40% of the parking per shift. The sixth variance McDonald's is requesting is to allow a Ground-mounted sign. McDonald's is proposing a maximum 36' height pole sign with a maximum area of 160 SF. McDonald's and Adams Engineering would like to thank you for your consideration of these variances. Regards, Margaret Grissom, Adams Engineering 8951 Cypress Waters Blvd, Suite 150 • Dallas, Texas 75019 817 .328.3200 •FAX 817.328.3299 TBPF Reg No. F-1002; www.adams-engineering.com BOARD OF ADJUSTMENT VOTE RECORD DATE: Juf\.e. %. 2lJI� ' Cot>JSt-r-J"j A::CrlJv �A MEMBER /Jr -rs /� 'S L-j < ALLISON, FRANK A ---...... ....-- BERTRAM, JAMES , -�, LINDSEY POLK, CAROLYN ,. "} JwAl 01. � SMITH, CHRISTOPHER UJ..-1-..... _:; A YATES, JEFF � -i"---... �V---� - TIME IN AND TIME OUT ALLISON, FRANK Pr BERTRAM, JAMES ) )N LINDSEY POLK, CAROLYN 'r tr( SMITH, CHRISTOPHER � ,�l}j YATES, JEFF t __ AYE QI NAVE A ABSENT �ABSTAIN R. £t.vt-,41Z- h -, '8'" q lO I �A ------------- DA6J � ---v i.---✓ V ----.. i--.. / ---A Meeting Adjourned J: 33 P.M. June 25, 2018 There being no further business before the Board, the meeting was adjourned at 2:33 p.m. Date Chairman Secretary