HomeMy WebLinkAboutboa_07 30 2018LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
JULY 30, 2018
2:00 P.M.
I.Roll Call and Finding of a Quorum
A Quorum was present being four (4) in number.
II.Approval of the Minutes of the Previous Meetings
The Minutes of the June 25, 2018 meeting were
approved.
Members Present:
Members Absent:
City Attorney Present:
Christopher Smith, Chairman
Frank Allison
Richard Bertram
Jeff Yates
Carolyn Lindsey Polk, Vice Chair
Sherri Latimer
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
JULY 30, 2018
2:00 P.M.
I. OLD BUSINESS:
A.Z-9334 10700 N. Rodney Parham Road
II. NEW BUSINESS:
1.Z-8779-B 3011-3015 W. Markham Street
2.Z-9338 705 N. Ash Street
3.Z-9339 800 Scott Street
4.Z-9340 5404 Hawthorne Road
5.Z-9341 10806/10812 Lorie Lane
JULY 30, 2018
ITEM NO.: A
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
B.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
JULY 30, 2018
ITEM NO.: A 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.
C.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.
Staff Update:
After careful re-consideration and meeting with the applicant, staff is now in support of
the requested sign variances. Staff's support is based primarily on the fact that the
amount of signage proposed does not exceed the amount of ground-mounted signage
that the ordinance would allow along the east property line (1-430 frontage). At least five
(5)ground-mounted signs could be allowed along the east property line, with a
cumulative sign area of 800 square feet. Although the proposed signage will be located
on a "wall", it will essentially function as a monument-type sign. Additionally, there is a
rather wide right-of-way area between the wall and the south bound traffic lanes on I-
430.The sign on the wall should have adequate distance/setback from the interstate as
to not create a traffic safety issue. Staff believes the proposed signage on the existing
wall should have no adverse impact on the adjacent properties or the general area.
Revised Staff Recommendation:
Staff recommends approval of the requested sign area and sign setback variances,
subject to there being no additional ground-mounted signs along the east property line
(1-430 frontage).
Board of Adjustment (July 30, 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 4 ayes, 0 noes and 1 absent.
2
V2 Sign Company - Drew McGraw
25608 Interstate 30. Bryant, AR 72022
501-213-0663 drew@v2sign.com
May 15, 2018
Board of Adjustment
723 W Markham St. Little Rock, AR
501-371-4790
Dear Board of Adjustment,
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
pr operty 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
JULY 30, 2018
ITEM NO.: 1
File No.: Z-8779-B
Owner: Teeter Property Group, LLC
Applicant: Brian Teeter
Address: 3011-3015 W. Markham Street
Description: Southeast corner of W. Markham Street and Johnson Street
Zoned: C-3
Variance Requested: Variances are requested from the parking provisions of
Section 36-502 and the sign provIsIons of
Section 36-555 to allow a restaurant use with reduced off
street parking and placement of projecting signs.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Commercial Building
Proposed Use of Property: Commercial, Restaurant, Apartment
STAFF REPORT
A.Public Works Issues:
1.Any proposed bike racks within the right-of-way require a franchise agreement
from the Public Works Department. Contact Public Works, Civil Engineering
Private Development at 501-371-4818 for more information. The application fee
is $75.00. A franchise agreement application can be found at
https://www.Iittlerock.gov/city-ad ministrat ion/city-departments/public-works/.
2.Remove the asphalt from the right-of-way on Johnson Road abutting the property
from the sidewalk to the back of curb. This area should be maintained as a grass
buffer.
3.The proposed sign must be a minimum of ten (10) feet above the street and not
obstruct the visibility of motorists. Obtain a franchise agreement from the Public
Works for the sign. Please contact the Public works at 501-371-4818 for more
information.
4.Any modifications to the sidewalk abutting the property should bring the sidewalk
into compliance with the Americans with Disabilities Act Accessibility Guidelines.
The construction and maintenance of sidewalk is the responsibility of the
property owner per §30-36 of the City of Little Rock Code of Ordinances. Contact
Public Works Civil Engineering at 501-371-4461 for inspection prior to any right
of-way construction.
JULY 30, 2018
ITEM NO.: 1
B.Staff Analysis:
Z-8779-B
The C-3 zoned property located at 3011-3015 W. Markham Street is occupied by a
brick commercial building and small paved parking area. The property is located at
the southeast corner of W. Markham Street and Johnson Street. Driveways from
W.Markham Street and Johnson Street serve as access to the paved parking area.
The east portion of the building has a height of two (2) stories with the remainder of
the building being one ( 1) story in height.
The applicant proposes to remodel the existing commercial building and occupy it
as follows:
3011 W. Markham -General business and commercial sales (833 square feet)
3011A W. Markham -Residential apartment
3013 W. Markham -General business and commercial sales (1,280 square feet)
3015 W. Markham -Restaurant/pub -subject to 10 PM closing and only
beer/wine license permitted. (1,470 square feet)
The applicant also proposes to do maintenance work on the existing parking lot,
including re-striping. The parking lot will contain eight (8) parking spaces. The
driveway from W. Markham Street will be used as access to the parking lot. The
driveway from Johnson Street will be closed.
Additionally, the applicant will have two (2) projecting signs on the front building
fa9ade. The existing Buice Drugs projecting sign will be refurbished and will remain
on the building. The second projecting sign will be located at the northwest corner
of the building over the sidewalk area. This sign will replace a projecting sign which
previously existed on the building. This sign will be no longer than 15 square feet in
area. Both projecting signs are located over the sidewalk area in front of the building,
extending into the public right-of-way.
Section 36-502(b)(3) of the City's Zoning Ordinance requires a minimum of 21 off-
street parking spaces for the proposed occupancy of the existing commercial
building. Section 36-555(b) requires that projecting signs be located at least five (5)
feet back from any property line. Therefore, the applicant is requesting variances
from these ordinance requirements to allow occupancy of the building as proposed
utilizing the existing eight (8) space parking lot, and the projecting signs to extend
beyond the front (north) property line into the W. Markham Street right-of-way.
Staff is supportive of the requested parking and sign variances. Staff views the
request as reasonable. The property is zoned C-3 with an existing building and
small paved parking lot. The proposed uses for the building are permitted C-3 uses.
If all of the occupancy (except the apartment unit) was used for general retail use,
12 off-street parking spaces would be required. Staff's support for utilizing a portion
of the building area for a restaurant-type use is based on the applicant's proposal
that the restaurant have a 10:00 p.m. closing time. If the parking lot is full and
parking extends to on-street parking along Johnson Street to the south, the parking
will cease by a reasonable time in the evenings. Additionally, staff has no issues
2
JULY 30, 2018
ITEM NO.: 1 Z-8779-B
with the proposed placement of the two (2) projecting signs. Staff believes the
applicant has a quality redevelopment plan for this property, and that the plan should
have no adverse impact on the adjacent properties or the neighborhood.
C.Staff Recommendation:
Staff recommends approval of the requested parking and projecting sign variances,
subject to the following conditions:
1.Compliance with the Public Works requirements as noted in paragraph A. of the
agenda staff report.
2.One (1) of the parking spaces within the existing paved parking lot must be
reserved (with signage) for the occupant of the apartment unit.
3.The projecting signs must be located at least nine (9) feet above the sidewalk
area�Zoning Ordinance requirement).
Board of Adjustment (July 30, 2018)
Brian Teeter and Paul Dodds were present, representing the application. There was
one (1) objector present. Staff presented the application with a recommendation of
approval.
Brian Teeter addressed the Board in support of the application. He explained the
proposed redevelopment plan for the property.
Fred Strebeck addressed the Board in opposition. He noted that his neighborhood was
experiencing overflow parking into the neighborhood from the existing commercial uses
along W. Markham Street. He noted opposition to the restaurant/pub use within a
portion of the existing commercial building. He made further comments related to
parking in the area.
Mr. Teeter explained that his business would be within a portion of the building, along
with other uses. He noted that he had met with the Capitol View-Stiff Station
Neighborhood Association and received a letter of their support. He further explained
his proposed use of the building and a recent "pop-up" event at the property. He also
explained his investment in the neighborhood.
Jeff Yates made comments regarding the neighborhood area and commercial uses with
respect to parking needs. He noted support of the application.
There was a motion to approve the application as recommended by staff. The motion
passed by a vote of 3 ayes, 0 nays, 1 absent and 1 recusal (Allison). The application
was approved.
3
Mr. Dana Carney
City of Little Rock
Planning and Development Department
723 West Markham Street
Little Rock, AR 72201
By Hand
Dear Mr. Carney,
June 26, 2018
Through Teeter Property Group LLC, I own the Coley Building at 3011-3013 W.
Markham St., the Allen Building next door at 3015 W. Markham, and the parking lot at
the corner of Johnson and Markham. I am pleased to submit this request for a variance
to permit the revived mixed commercial and residential use of these two historic
buildings, to be served by the corner parking lot.
I have applied for a State historic tax credit to complete renovations of the Coley
Building, which has a renovated upstairs apartment and two unfinished commercial
spaces facing Markham Street. I have also applied for State and Federal historic tax
credits to complete the Allen Building, which has not been renovated. Both properties
will be redone in compliance with National Park Service requirements, so they will fit
seamlessly into the Stifft Station Historic District. I expect to spend around $200,000 on
these renovations, plus contribution to tenant build out.
There will be no increase in the floor space or outside dimensions of either building. We
are staying entirely within the existing footprint, and in keeping with the historic
neighborhood character. This variance request is only needed because the properties
have been empty for so long, that their revived commercial use now needs special
permission for parking.
When the Coley Building was built in 1926 and the Allen Building in 1931, Stifft Station
was an active trolley stop. As was typical of urban commercial buildings at the time, the
buildings were both built to their lot lines, without any parking needed. They served a
walkable neighborhood, when private cars were still rare. Times, and parking
requirements have changed. Strictly applying Little Rock's current parking rules to these
historic, urban commercial properties would severely undermine efforts to bring these
long empty and dilapidated shells back to life. Without a variance, we would suffer
great hardship; the Stifft Station commercial district would remain part dead; and the
continued renewal of the area would be set back.
I have strong connections to Stifft Station area, where I own several rental homes. I
plan to use the downstairs of 3011-13 W. Markham Street as my real estate office and
showroom, working to help improve the neighborhood and build my business of buying
and renovating moderately priced rental homes. See
http://turnkeyinvestproperties.com/. This is a combined office and sales/rental use, so I
am applying for general commercial business usage permit, and not just office use. If
the space proves too small for my needs over time, it would likely be retail.
I have rented the apartment upstairs in the Coley Building, but do not yet have tenants
for the Allen Building. There is especially strong market interest for a neighborhood
restaurant or tasting pub there. With your support, I am confident that business can
succeed. Without it, it cannot try.
I have met informally with some Stifft Station Neighborhood Association members to
discuss plans. They expressed support, but also some concern about evening noise,
and the risk of attracting a disorderly crowd. I personally share these concerns, as I
also will be a neighbor to the Allen Building and have an apartment rented upstairs in
the Coley Building.
My goal is to rent the Allen Building to serve as a neighborhood restaurant, brewery or
wine tasting locale. I would rather rent to a locally owned small chain or start up, than
a national conglomerate. I am fine restricting opening hours to no later than 10 PM,
and if alcohol is served, limit it to beer and wine. I will insist on strict compliance with
noise ordinances and not allow smoking. These proposed restrictions reflect my vision,
which I believe aligns with neighbors' interests.
I am already committed under my historic tax credit application to completely renovate
the Allen Building, including restoring the long-covered pressed tin ceiling. I have
proposed to the National Park Service to redo the front facing store windows with wood
framing, matching the fa<_;:ade of 3011 W. Markham and return to the historic look. This
will not be a dark, low-rent, late night watering hole. It will be a pleasant, open and
welcoming local place for neighbors to meet their friends for food or a beer - but can
only exist if a parking variance is granted.
The parking lot can serve a maximum of 8 cars, including one spot for a handicapped
van. The lot will be resurfaced, striped and parking blocks installed in each space. The
architect's plans show the proposed configuration. The existing parking lot is entirely
paved, with curb cuts on both the north and west. The only landscaping proposed
would be along the Johnson Street side, along the right of way strip between the
sidewalk and street, as agreed with staff. The parking blocks will close the Johnson
Street entrance for vehicles, and permit access only from Markham. This will separate
commercial traffic from neighboring homes. We hope to provide up to four bicycle
parking spots to encourage alternate transportation.
The lot would serve the parking and trash needs of both the Colely and Allen Buildings,
and provide emergency egress for the Allen Building. I understand that, although the
Coley and Allen Buildings are zoned commercial, no commercial use will be permitted
without providing some parking, and that this variance will effectively render the parking
lot non-buildable. This trade off is worth it, as it is necessary to make the historic
buildings effectively usable.
I request a variance that permits the following uses, or any use permitted with less
intense parking requirements:
3011 W. Markham - General business and commercial sales
3011A W. Markham - Residential apartment
3013 W. Markham - General business and commercial sales
3015 W. Markham - Restaurant/pub - subject to 10 PM closing and only
beer/wine license permitted.
The attached spreadsheet analyzes square footage of the three commercial uses in the
two buildings, and of the parking requirements under different use scenarios. All
scenarios include one space for the existing upstairs apartment in the Coley Building.
This variance request is for the shop/shop/apartment/pub option. With rounding down,
strict application of current zoning rules would require 20 parking spaces for the
proposed uses. I am thus requesting a variance of 12 spaces.
In making this request, I would like to point out that the proposed uses are quite
compatible with each other for daily timing and sharing. I anticipate that the
office/retail parking needs will tend to cluster during business days, while the
restaurant/pub hours of greatest activity will tend to be on evenings and weekends.
Little Rock's parking requirements seem built largely on the assumption that no one
walks anywhere. One of the real charms of this area is that it is one of the few walkable
parts of Little Rock. We hope that visitors to the restaurant will increasingly choose to
leave their cars behind. We anticipate that our likely restaurant tenant will be highly
oriented towards serving the demographic of people who value "walk scores", and are
attracted to this area because it does offer a different, more urban lifestyle than most of
the city.
If the Board is unable at this time to grant a variance for the 12 parking spots needed to
permit the shop/shop/pub use, I request in the alternative a provisional variance of
three spots, to permit the shop/shop/shop use shown in the spreadsheet. This would
permit me to continue re-building, beyond only structural repairs. I request this
alternative as provisional, because I would like to have the right to come back to have
this variance request reconsidered with a specific, known restaurant-pub tenant, as soon
as I am able to enter a letter of intent, without having to go through the whole notice
and waiting process again.
Finally, in addition, I request a variance to allow me to hang a lit sign over the sidewalk
at the western corner of the Allen Building, in the same location as the former sign from
the Sandalwood store. The sign would be smaller than 15 square feet, in a design to be
agreed with staff. The package includes a Google Earth street view showing this sign.
Thank you very much for your consideration, and I look forward to being able to present
this in more detail at the BOA meeting on July 30.
Yours truly,
Brian Teeter
Teeter Property Group LLC
Parking Variance Scenarios
Address
Gross Sq Ft Office Per SF Office Pkg Shop per SF Sho Pkg Pub per SF IPub Pkg
3011
833
400
2.1
300
2.78
100
8.33
3013
1280
400
3.2
300
4.27
100
12.80
3015
1470
400
3.7
300
4.90
100
14.70
3011A
Total per Proposed Use 3011 Shop 2.78 Office 2.08 Office 2.08 Office 2.08 Shop 2.78
3013 Shop 4.27 Office 3.20 Office 3.20 Office 3.20 Office 3.20
3015 Shop 4.90 Pub 14.70 Shop 4.90 Office 3.68 Pub 14.70
13011A Apartment 1.00 Apartment 1.00 Apartment 1.00 Apartment 1.00 Apartment 1.00
Grand Total 12.94 20.98 11.18 9.96 21.68
Avail Parking Spots 8 8 8 8 8
Variance Request 4.94 12.98 3.18 1.96 13.68
With Rounding down 3011 Shop 2 Office 2 Office 2 Office 2 Shop 2
3013 Shop 4 Office 3 Office 3 Office 3 Office 3
3015 Shop 4 Pub 14 Shop 4 Office 3 Pub 14
3011A Apartment 1 Apartment 1 Apartment 1 Apartment 1 Apartment 1
Grand Total 11 20 10 9 20
Avail Parking Spots 8 8 8 8
Variance Request 3 12 2 1 12
Page 1
Mr. Dana Carney
City of Little Rock
Planning and Development Department
723 West Markham Street
Little Rock, AR 72201
Dear Mr. Carney,
July 13, 2018
Mr. Brian Teeter of the Teeter Property Group LLC met with the Capitol View - Stifft
Station Neighborhood Association at our July 9 meeting about his request for zoning
variances for the two buildings and parking lot he owns in the Stifft Station
commercial district.
We voted to support his variance request to have the Coley Building be permitted for
use for one apartment and two commercial/retail spaces, and to have the Allen
Building be permitted for restaurant/pub use, with the parking lot plan presented.
We also voted to support his variance request to hang a sign over the sidewalk.
Support is contingent on:
1.The Teeter Property Group must renovate the Coley and Allen Buildings as
certified historic rehabilitations under Arkansas law;
2.The restaurant/pub and commercial spaces may not be open for business later
than 10 PM and not permit smoking; and
3.The restaurant/pub be permitted to serve beer and wine, but not hard liquor.
Mr. Teeter said that he hoped to be able to get the agreement of the Jett's Gas and
Service station owner to be able to use the parking around the gas station for
overflow parking when the gas station is not open. Jett's is a long time supporter of
the neighborhood. We would be glad to see this happen, but our support for his
variance request does not depend on a Jett's partnership. The neighborhood fully
supports changes that result in revitalization with new neighborhood-friendly, viable
businesses in the Stifft Station area and occupancy of these long-time vacant
buildings that have, until now, been a blight.
Thank you very much for letting us provide input.
Lauren Morris, President
Capitol View - Stifft Station Neighborhood Association
Cc: Brian Teeter, Teeter Property Group LLC
JULY 30, 2018
ITEM NO.: 2
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Z-9338
Christopher Nestrud
Charles R. Nestrud
705 N. Ash Street
East side of N. Ash Street, north of Kavanaugh Blvd.
R-2
A variance is requested from the fence provisions of Section
36-516 to allow a fence with increased height.
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 705 N. Ash Street is occupied by a one-story
brick and frame single-family residence. The property is located on the east side of
N.Ash Street, approximately 100 feet north of Kavanaugh Blvd. A one-car wide
driveway from N. Ash Street is located at the northwest corner of the property, with
a carport located at the northwest corner of the residential structure. A short rock
wall is located between the front property line and the sidewalk along N. Ash Street.
The applicant proposes to construct a wood fence along the south (side) and east
(rear) property lines, as noted on the attached site plan. The proposed wood fence
will range in height from four (4) feet at the southwest corner of the lot to eight (8)
feet at the southeast corner of the lot. The fence will have a height of eight (8) feet
along the east (rear) property line. The property slopes downward from front to back
(west to east).
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence
height of four (4) feet for fences located between a front (street fronting) property
line and front building setback line on R-2 zoned property. Fences with a maximum
height of six (6) feet are allowed elsewhere on residential lots.
JULY 30, 2018
ITEM NO.: 2 Z-9338
Therefore, the applicant is requesting a variance to allow the fence with a maximum
height of eight (8) feet along the rear (east) property line and a portion of the south
side property line.
Staff is supportive of the requested fence height variance. Staff views the request
as reasonable. The property immediately south of the subject property is zoned C-
3 and is occupied by existing commercial uses which front Kavanaugh Blvd. The
rear yard area of the western most commercial property contains a gravel parking
area which abuts the subject residential property. A fence with a maximum height
of eight (8) feet could be allowed along the rear property line of the commercial
property, if that property owner were to install a fence. Therefore, staff believes the
proposed residential fence with increased height will have no adverse impact on the
adjacent properties or the general area.
C.Staff Recommendation:
Staff recommends approval of the requested fence height variance, as filed.
Board of Adjustment (July 30, 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 4 ayes, 0 noes and 1 absent.
2
BARBERLAW
ATTORNEYS AT LAW
Suite 3400
425 West Capitol Avenue
Little Rock, Arkansas 72201
P 501.372.6175
F 501.375.2802
www.barberlawfirm.com
CHARLES R. NESTRUD
DIRECT 501.687.1442
cnestrud@barberlawfirm.com
June 26, 2018
Department of Planning and Development
723 West Markham
Little Rock, Arkansas 72201
Re: Application for Residential Zoning Variance, Fence Height
On behalf of and as the authorized agent for Christopher Nestrud, I
have filed an application for Zoning Variance to install a cedar
privacy fence along the South and East property lines. The plan is to
have the fence height at four ( 4) feet at the sidewalk, extending East
along the South property line at a level height (the property slopes
downward to the East-front to back). The height will not exceed
six (6) feet within the set back area, and will not exceed eight (8) feet
beyond the set back area, and will step down as needed to maintain
the maximum height restrictions. The South property line abuts
formerly residential property that faces Kavanaugh that has been
rezoned and converted to commercial. The East property line abuts a
city easement that includes an open storm sewer and sanitary sewer
lines. The variance requests approval of a fence height separating
residential from commercial.
The commercial property immediately south of the subject property
has parking that abuts the property line, with constant traffic in and
out, day and night, with the noise and automobile lights that interfere
with the quiet enjoyment of a residential property. The easement
immediately East of the subject property is not landscaped or
maintained.
Sincerely,
BARBER LAW FIRM
Charles R. Nestrud
Attorney
JLJ/sh
JULY 30, 2018
ITEM NO.: 3
File No.: Z-9339
Owner: First Presbyterian Church
Applicant: Sharon Welch-Blair
Address: 800 Scott Street
Description: Southwest corner of Scott Street and E. 8th Street/Northwest
corner of Scott Street and E. 9th Street
Zoned: UU
Variance Requested: A variance is requested from the sign provisions of Section
36-342.1 to allow ground-mounted signs in the UU zoning
district.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Church and Parking Lot
Proposed Use of Property: Church and Parking Lot
STAFF REPORT
A.Public Works Issues:
1.If any of the signs are to be located within the right-of-way, then they must be
permitted with a franchise agreement with the Public works. Franchise permit
applications can be found at https://www.li ttlerock.gov/city-administration/city-
departments/public-works/. The application fee is $75.00. Contact the Little
Rock Public Works department at 501-371-4818 for more information.
B.Staff Analysis:
The UU zoned property located at 800 Scott Street is occupied by the First
Presbyterian Church development. The property includes the entire half block along
the west side of Scott Street, between E. 8th and E. 9th Streets.
A large church building is located within the north half of the property, with a paved
parking lot within the south half. A paved alley is located along the west property
line.
The applicant proposes to install three (3) small ground-mounted signs, as noted on
the attached site plan and graphics. The first proposed sign will be a monument
sign located at the northeast corner of the property within a small grass-covered
area. This sign will be approximately 5 feet-9 inches in height, with a sign area of
approximately 25 square feet. The other two (2) signs will be located at the
southeast corner of the property within the parking lot area. These signs will also
JULY 30, 2018
ITEM NO.: 3 Z-9339
be monument-type signs placed in an "L" shape. Each sign will have a height of six
(6)feet and a sign area of approximately 56 square feet. All signs will be located at
least five (5) feet inside any property line. The sign at the northeast corner of the
property will replace a ground-mounted sign which was removed several years ago.
Section 36-342.1 ( c )( 11) of the City's Zoning Ordinance requires that any ground-
mounted signage in the UU zoning district be reviewed and approved as a variance
by the Board of Adjustment. Therefore, the applicant is requesting a variance to
allow the three (3) ground-mounted signs for the church facility.
Staff is supportive of the requested sign variance. Staff views the request as
reasonable. The church property encompasses an entire half block within the
downtown area. The overall property has three (3) street frontages (Scott, E. 8th and
E.9th Streets), with one (1) sign proposed for each frontage. The proposed signs
are relatively small in size, smaller than the maximum size typically allowed in office
zoning. The proposed signs will be compatible with other signs throughout the
downtown, UU zoned, area. Staff believes the proposed ground-mounted signs will
have no adverse impact on the adjacent properties or the general area.
C.Staff Recommendation:
Staff recommends approval of the variance to allow ground-mounted signs in the
UU zoning district, subject to compliance with the Public Works requirement as noted
in paragraph A. of the staff report.
Board of Adjustment (July 30, 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 4 ayes, 0 noes and 1 absent.
2
Founded 1828
Proudly Serving Little Rock for 190 Years
June 26, 2018
City of Little Rock Planning & Development
723 W. Markham Street
Little Rock, Arkansas 72201
Re: signage for First Presbyterian Church
Greetings from the oldest continuous congregation West of the Mississippi:
First Presbyterian Church has been without signage announcing our congregation for a
number of years since a car took it out in an accident. We are requesting to replace the
signage that was destroyed with the new sign design shown in the packet. This sign will
reside at the comer of 8th and Scott. Our understanding is that this being a UU zoned area
that all signage must come before the city for request of a variance and therefore we
respectfully request said variance.
We are also asking for a second set of signs to be imp lemented later at the comers of 9th and
Scott. These signs will be facing 9th Street thru our parking lot and Scott Street. They will
be just alike sitting on lower pedestals and designed to let people know of functions going on
at our church and the message maybe changed electronically, almost exactly as the signs on
Mississippi and Markham for the Lutheran Church. We do not have the resources currently,
so will likely delay implementing these signs for 12-18 months. Again, we are requesting the
necessary variance to be able to implement our plans.
Most Respectfully,
Sharon Welch-Blair,
Congregant and Session Member
First Presbyterian Church
800 Scott Street
Little Rock, Arkansas 72201
JULY 30, 2018
ITEM NO.: 4
File No.: Z-9340
Owner: Hawthorne Investments, LLC
Applicant: Daniels & Stephanie Bynum
Address: 5404 Hawthorne Road
Description: North side of Hawthorne Road, between N. Polk and N. Tyler
Streets.
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-
254 to allow a detached carport with reduced side setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A.Public Works Issues:
1.Construction of walls within the right-of-way requires a franchise agreement from
the Public Works Department. Contact the Little Rock Public Works department
at 501-371-4818 for more information. A franchise application can be found at
https://ww w.littlerock.gov/city-administration/city-departments/public-works/. The
application fee is $75.00. If a franchise agreement is not desire, the proposed
wall must be relocated to private property.
8.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.
JULY 30, 2018
ITEM NO.: 4
C.Staff Analysis:
Z-9340
The R-2 zoned property located at 5404 Hawthorne Road is occupied by a one-story,
brick and frame single family residence. The property is located on the north side of
Hawthorne Road, between N. Tyler and N. Polk Streets. There is an existing concrete
parking pad located within the Hawthorne Road right-of-way, between the front (south)
property line and the edge of roadway pavement. A one-car wide driveway extends
from the parking pad to the rear yard area, running along the east side of the
residence.
The applicant proposes to construct a one-story single car carport at the northeast
corner of the lot, within the rear yard area, as noted on the attached site plan. The
proposed carport will be 13.5 feet by 25 feet in size. The carport will be located three
(3)feet back from the rear (north) property line and 1.5 feet from the east side property
line. The proposed carport will be separated from the principal structure by six (6) to
6.2 feet. The proposed carport will occupy approximately 24 percent of the required
rear yard area (rear 25 feet of the lot). The proposed carport will be unenclosed on
its east, west and south sides, with a three (3) foot wide storage closet along the north
wall of the structure.
Section 36-156(a)(2)f. of the City's Zoning Ordinance requires a minimum three (3)
foot side setback for accessory structures in R-2 zoning. Therefore, the applicant is
requesting a variance to allow a reduced side setback of 1.5 feet along the east side
property line for the proposed carport structure. The applicant is also proposing
additions to the existing house, as noted on the attached site plan. These additions
will comply with ordinance requirements.
Staff is supportive of the requested side setback variance for the proposed carport
structure. Staff views the request as reasonable. The proposed carport will be located
in the rear yard area and unenclosed on its east, west and south sides. The carport
structure will not be out of character with other accessory structures and carport
additions to principal structures (with reduced side setbacks) throughout this
neighborhood. The proposed 1.5 foot side setback will allow a minimal area for the
structure to be constructed and maintained without encroaching onto the adjacent
property to the east. Staff believes the proposed carport accessory structure with
reduced side setback will have no adverse impact on the adjacent properties or the
general area.
D.Staff Recommendation:
Staff recommends approval of the requested side setback variance, subject to the
following conditions:
1.Compliance with the Public Works and Building Code comments as noted in
paragraphs A and B of the agenda staff report.
2.The carport is to remain unenclosed on its east, west and south sides.
3.Guttering must be provided, if the roof slope dictates, to prohibit water run-off
onto the adjacent property to the east.
2
JULY 30, 2018
ITEM NO.: 4 Z-9340
Board of Adjustment (July 30, 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 4 ayes, 0 noes and 1 absent.
3
June 19, 2018
Mr. Monte Moore
Department of Neighborhoods and Planning
723 West Markham
Little Rock, AR 72201
RE: Zoning Variance Application for 5404 Hawthorne Rd.
Dear Monte,
This project consists of a complete interior remodel with a master suite addition at the
rear of the house (constructed within the building setbacks), an upstairs bonus room addition, a
remodeled front entry porch, a new 24" high brick garden wall at the existing parking pad, a new
detached single-car carport with covered walk to back porch and a new stoop at the side kitchen
door.
We are requesting a zoning variance to allow an encroachment of 3.5' into the 5' east
side setback at the northeast corner of the lot for the purpose of constructing a 303 SF single-
car carport with a reduced side setback of 1.5'. The carport is open on 3 sides with storage
closets on the north (rear) side. The carport covers an allowable 24% of the rear setback. The
hipped roof of this carport addition will be guttered to control the roof runoff.
Due to the 50' narrow width of the lot, the house is only 8.9' from the east property line
and the existing driveway takes up most of that space. If the carport were to be constructed 5'
from the east property line, it would be impossible to enter it unless you rotated it, eliminating
the grassy back yard and adding more concrete paving. The carport as submitted will allow the
existing driveway location to serve the carport allowing safe entry and exit of the car and it will
allow them to maintain 76% of the rear yard setback for a back yard.
Although the existing front porch encroaches into the 25' front setback, we will only be
shoring up the existing roof and removing the wrought iron columns and replacing them with
arched brick walls to update the front elevation. It should be noted that the house immediately
to the west also encroaches into the front setback approximately the same distance.
We feel the remodeling and additions, including that of the carport, to this house will be a
plus to the aesthetic quality of this street and is in keeping with the existing density of the
neighborhood. Thank you for your time and consideration.
Sincerely,
Daniels and Stephanie Bynum
2915 N. Grant St.
Little Rock, AR 72207
501-831-8007 (Stephanie)
JULY 30, 2018
ITEM NO.: 5
File No.: Z-9341
Owner/Applicant: James Blanchard
Address: 10806/10812 Lorie Lane
Description: West side of Lorie Lane, south of DePriest Road
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section
36-156 to allow an accessory structure with reduced front
setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential and Vacant Lot
Proposed Use of Property: Single Family Residential and Accessory Structure
STAFF REPORT
A.Public Works Issues:
No comment.
B.Staff Analysis:
The R-2 zoned property located at 10806 Lorie Lane is occupied by a one-story rock
and frame single family residence. The property next door at 10812 Lorie Lane
contains a concrete slab where a single family residence once existed. The
residence which previously existed at 10812 Lorie Lane was recently destroyed by
fire. The properties are located on the west side of Lorie Lane, south of DePriest
Road. Both lots contain a two-car wide driveway from Lorie Lane. Both properties
are owned by James Blanchard.
The applicant proposes to construct a 1,500 square foot accessory structure on the
existing concrete slab at 10812 Lorie Lane. The proposed accessory structure will
be utilized as a garage/storage building to serve the property (principal structure) at
10806 Lorie Lane. The proposed garage will be used to store three (3) antique cars,
a bass boat, lawn maintenance equipment, etc. The proposed accessory structure
will be located 29.5 feet to 30 feet back from the front (east) property line, over eight
(8)feet from the north and south side property lines, and 28.5 feet to 30 feet from the
rear (west) property line.
Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum front
setback of 60 feet for accessory structures in residential zoning. Therefore, the
applicant is requesting a variance to allow the accessory garage/storage structure
JULY 30, 2018
ITEM NO.: 5 Z-9341
with a reduced front setback. All other building setbacks exceed the minimum
ordinance requirements.
Staff is supportive of the requested front setback variance for the proposed accessory
garage/storage building. Staff views the request as reasonable. The proposed
accessory structure will align with the single family residences to the north and south
along Lorie Lane. Utilizing the structure at 10812 Lorie Lane as an accessory
structure to serve the residence at 10806 Lorie Lane will tie the two (2) lots together
as a single "zoning lot" as defined by the City's Zoning Ordinance. Staff believes that
the proposed accessory structure with reduced front setback will have no adverse
impact on the adjacent properties or the general area.
C.Staff Recommendation:
Staff recommends approval of the requested front setback variance for the
accessory structure, subject to the following conditions:
1.The accessory structure at 10812 Lorie Lane must serve the single family
residence at 10806 Lorie Lane.
2.As long as the structure at 10812 Lorie Lane is utilized as an accessory
structure, both lots (10806 and 10812 Lorie Lane) must maintain the same
ownership.
3.The accessory structure must not be used in conjunction with any business
activity.
Board of Adjustment (July 30, 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 4 ayes, 0 noes and 1 absent.
2
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BOARD OF ADJUSTMENT VOTE RECORD
DATE: ---�-\-v-�..:......+-"3()-=-=---+-\ 2=-D_\_,,.B=<------, \ Cl)1v;u,.1f' A--6-lN�A-/?Ltvt.�
MEMBER � 1. 3 t/ 5 I ALLISON, FRANK ✓ ✓ ✓ ✓ ✓ ��
BERTRAM, JAMES ,/ ✓ .,/ ✓ ✓ v
LINDSEY POLK, CAROLYN A A It k A Pc
SMITH, CHRISTOPHER ✓ ✓ ✓ .,/ ✓ v
YATES, JEFF ✓ ✓ ✓ ✓ ✓ ✓
TIME IN AND TIME OUT
ALLISON, FRANK ff l,J, J;,/ ti) .2:�
BERTRAM, JAMES l'ftl,,r Jt-5 /'14i �
LINDSEY POLK, CAROLYN A
SMITH, CHRISTOPHER
YATES, JEFF
/4vE -----' e NAVE _!_ABSENT ..Ae,_ABSTAIN f,'{flvl� Meeting Adjourned 2 ;:z_3 P.M.
July 30, 2018
There being no further business before the Board, the meeting was adjourned at 2:23
p.m.
Date:
Chairman Secretary