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HomeMy WebLinkAboutZ-02514-A ApplicationA P P L I C A T 1 0 N LITTLE ROCK BOARD OF ADJUSTMEN7- FOR A ZONING VARIANCE FIRE DISTRICT CASE NO, Z APPLICATION WAS - GRANTED - j I SUBJECT 70 TBE FOLLOWING CONDITIONS: provided the requirement of off-street parking in met; the screening wall on east side of property will be a masonry wall with wing walls extending into property four feet in depth at the Polk Street entry; that the area between the property line and the curb on the east side of property (the Polk Street side) be landscaped; that the sign be placed on the "T"-Coomercial portion of the property. APPLLCANT-I ( F T � k -4 RT Mpfor giairman t Rock/ Board of Adjustment S° Phone OWNER ADDRESS - f Phone # TO TRE LITTLE ROCK BOARD OF ADJUSTMENT: Application is hereby made to your Board pursuant to Arkansas Statutes 43-22 of the Code of Ordinances relative to property located at Z W E2 —Street(s) described as Lot(s) "'I- Block L -2 A .4 24e L •��Addn. _ Zoned S_ t r 'ic t (1) Requesting a Variance from the Provisions of Section of that or finance to permit ,4Z (X Requesting a Variance from the Provisions of Section of that ordinance to permit Requesting a Variance from the Provisions of Section of that ordinance to permit as shown on the attached plan. The applicant feels that astrict enforcement of these provisions would be a hardship because* I uuderstand that I must notify all property owners within 140 feet of any point of the property involved herein of the public hearing according to instructions furnished, with this application form a -rid that a 11 costs incident thereto will be borne by me; and that I shall furnish to the Zoning Office not later than five (5) calendar days prior to the public hearing proof of such notification, I also understand that -the required publication of legal notice in a newspaper of general circulation in the City will be handled by the Secretary of the Board of Adjust- ment. I will submit the names and addresses of the owners of properties conc:r�,��Oto the mit Secretary of he Board of Adjustment at th ime t lication is witted to him, h, �Zproof of -b g t t - -1 There ar covenants on record affect ng 1-11i pe _e hone 96. FILING DXM pplicantTs Sig -nature 0. NOI'E. This application is for a Varianc from the zoning requiremen Signature - on extreme hardship caused by unusual and unique characteristics of the above described property. The Board does not have the power to change the zone classification of the property to accommodate a use nor to make any change in the provisions of the Ordinance. PC 27 250 6-28-71 lr• ,,_'.t No. G -. Z-2514 -A Applicant: -_ Location: Description: Present Classification: Variance: Eugene M. Pfeifer, III, E. G. Levy, E.M. Pfeifer, Jr. 1800 North Polk Street Lots 4, 5, 6, Block 13, Mountain Park Addition "E-1" Quiet Business District Requests a Variance from the Use Provisions of Section 43-14 of the Code of Ordinances to permit commercial parking in an "E-1" Quiet Business District -6- • Board of Adjustment Minutes - October 18. 1971 The Staff's recommendation was read as follows: "The Staff recommends approval of this application provided the requirements for off-street parking is provided. The use of subject property properly scf.eened, would not seriously affect the surrounding area and would act as a buffer to the residential zone to the east. It is further recommended that,the sign be relocated west to be placed on the "F" - Commercial portion of the property." Mr. Pfeifer was present representing himself, Mr. Levy, and Mr. Pfeifer, Jr. , the applicants. He stated that they were agreeable to locating the sign west of the "E -l" zoned area onto the "F" zoned property as recommended by the Staff. He said he had the screening requirement of the City explained and in meeting with the owners have agreed upon what is the property screening for this property, and as to the park- ing he submitted to the Board some figures that the Kroger Store has worked up showing that this store is a little different from most of their stores in that a larger portion of the space is allotted to general merchandise, and they have re -worked the parking requirement figures, and based on Little Rock requirements on the breakdown between general merchandise and grocery items, this shows that the property meets the minimum requirements for parking. Mr. Venhaus said he would not have any hesitancy in advising the Board that they can consider a parking variance in terms of reducing the amount of off-street parking on the site, as well as allowing the off-street parking. He said if "you can allow it where it is otherwise prohibited by the ordinance, you also have the authority to exercise your prerogative of limiting the amount of off-street parking over and,,above what the ordinance requires. I would have no hesitancy of advising you that you have the authority to grant such a waiver of off-street parking. Insofar as the figures provided in support of the application that Mr. Pfeifer has handed you,'I am unable to respond to that because I do not know what this involves, I would certainly advise the Board to approach this from the standpoint of having jurisdiction." With relation to public advertising of cases to be heard before the Board of Adjustment, Mr. Venhaus said that the fact that the property owners are present is clear evidence of the fact that they are aware that the parking variance is an issue. Mr. Pfeifer commented that this is the second time that this group of property owners has come down here on this case, and in both instances the development plan with the number of parking spaces has been available to them. Inasmuch as Mr. Venhaus stated that the Board does have this jurisdiction, it would seem unnecessary for the issue to be re -advertised and a thirty day delay be imposed, and asked that a settle- ment be reached today. Mr. Pfeifer quoted a letter he wrote preceeding the presenta- tion of his application to the Planning Commission dated September 21, 1971 which he requested be read. It is as follows: "I have submitted to you a development plan of the subject block. I request that I be relieved of the development plan obligations now applicable to Lots 1, 2, 3, and 7-12 of said Block, I further request that the present development plan be approved, The parking spaces shown hereon do not quite meet the City requirements. This is in part due to the green sitrip required. We show less than 25% of the block covered by buildings, a very low ratio. Our tenant is very scientific in its real estate analysis, and they deem this parking adequate. We request approval of this number of spaces. We advertised for both a meeting before the Planning Commission and before this Board and with the Staff's assistance felt that our case was complete, and we would like now to resolve these issues." Mr. W. H. Freya.ldenhoven, 1801 North Polk Street, was present in opposition, stating that he lived directly across the street from the property under discussion and would -7- Board of Adjustment Minutes October 18.1971 like some safeguards in keeping with the Forest Heights Criteria. He suggested a r' permanent solid masonry wall of either brick or native stone 4 feet high and where the curb cut is in the wall, a 4 foot setback into the property to give some protection from litter, etc. blowing across the street on to the property directly across from this project. He said if there is a sidewalk that there be a place for a green strip approximately 7 or 8 feet wide, and that it be specified as grass, shrubs, and/or trees placed in this area and that it be properly maintained. Signs were also their concern and did not wish one any closer to Polk Street than the alley between Polk and Taylor. With reference to off-street parking, he said this was not his field and felt that the City has a competent staff to take care of that issue. They would be concerned, he said, if the development plan did not take care of the parking in this area as they did not want even a curb cut there, and hoped that some of the beautiful trees on this lot could be saved. Some discussion was had as to the installation of a sidewalk versus a green strip with shrubs/trees between the wall and the curb, and the consensus was that the green strip was more desirable. Mr. Pfeifer indicated his preference for the landscaping of the area from the wall to the curb since there is a sidewalk on the other side of the street. Mr. Venhaus agreed that the planting strip would be more useful to the residents and the owners of the store than a sidewalk on the west side of Polk Street would be. Mr. Taylor said as to the parking with 9z' stalls and 30 foot driveways as shown on the plan, "if you lay this property out exclusive of the building, the City's ordi- nance requirement of 9' X 20' driveways, would produce 148 spaces - the ground is there to physically stripe it and come out with more parking than is required. Kroger's real estate representative was present and stated they feel that the number of spaces as shown on this plan is more useful than if they had 148 spaces 9 feet wide, and the convenience to customers is more important to them than the number of spaces, and he did not see how they could show that many parking spaces on there even if they did reduce the size of the stalls. All driveways are not 30 feet wide. He explained that Kroger's policies are different today from the standpoint of profit and offering the customer more. There is something like 4000 feet devoted to general merchandise items. Mr. Venhaus reasoned that this is an independent commercial use going on this property not supported by additional parking that is available to their customers. If there is an overflow period, there is not parking available out there for theaters, drug stores or for other commercial uses. When this lot is filled to capacity and the only thing available are the side streets to absorb the remainder which makes it somewhat different than for food stores that we deal with that are,going into shop- ping centers. He said there is no way that the public can ever control the arrange- ment of the merchandise in the store. If the trend today is 30% to 40'/ for general merchandise items, and 75% for food items, in the next five years there is no way we can deal with that. Those things can change very simply by replacing the general merchandise items with an expanded food items percentage. He said there is very little substantial evidence being submitted in support of waivers of off-street parking requirements. Dr. Dan Autry was also present in opposition stating the increased traffic problems on Polk, Tyler, Cantrell and Kavanaugh by the proposed development, citing the school, post office, and the Safeway Store which are already in the area which we Board of Adjustment Minutes - October 18,1971 contribute to the problem. Mr. Pfeifer, at some length, attacked the Forest Heights Criteria and made some observations as to apparent waivers and violation of this adopted plan. He argued that the Kroger Company's analysis indicated adequate parking, and the fact that this piece of property would have the highest amount of open space in relation to the building of any other parcel in the area, in his opinion would justify the request for the waiver of parking requirements. In summary, he said the wall will be built as requested - 4 feet high of brick or native stone masonry construction; that the wall at the curb cut would be 48" to provide a traffic barrier; the sign will not be in the "E-1" zone but some place further west immediately north of the green strip, and either a combination of sidewalk and landscaping, one or the other. A motion was made to approve the application provided the requirement of off-street parking is met; the screening wall on the east side of the property will be a masonry wall with wing walls extending into the property four feet in depth at the Polk Street entry;that the area between the property line and the curb on the east side of the property (Polk Street side) be landscaped; that the sign be placed on the "F" Commercial portion of the property. Mr. Flake amended the motion saying that the Board of Adjustment waive the special off-street parking requirement of the Forest Heights Criteria which is on a square footage basis to give the applicant the maximum flexibility to work out the number of spaces required by the Ordinance, which was seconded and passed. Mr. Pfeifer exhibited some displeasure with this action saying that he had held this property for the past six years and had occasion to develop the property with prospective users of a much less desirable nature such as Steak and Ale, Fish and Chips, Toddle House (a 24 hour operation). He also indicated that since 3/4 of this block was now zoned "F" -Commercial and by taking the matter through the court he could get the other portion zoned "F" which would enable him to broaden his spectrum of potential uses. The Chairman informed him that this would not change the problem that is facing the Board of Adjustment - that is whether he could conform to the ordinance as it now stands concerning parking. If this were "F" -Commercial, he would not be required to come to the Board of Adjustment for waivers, but he would still be required to conform to the number of parking spaces involved. It was suggested that the size of the Kroger store might be reduced, and the Kroger representative responded saying that he could not get permission to build a store of lesser size - as a matter of fact they would like to build a much larger one. Dere being no further business, the meeting was adjourned at 5 P. M. Don R. Venhaus, Secretary S. Spencer Compton, Chairman City of Little Rock Department ot Planning and DevelopmentPlanning Zoning and 723 West Markham Subdivision Little Rock, Arkansas 7 220 1-1 334 (501) 371-4790 January 28, 1998 Mr. Eugene M. Pfeifer, III 400 East 13th Street P. O. Box 99 No. Little Rock, Arkansas 72114 RE: Kroger Store screening wall along Polk at Cantrell Street Dear Mr. Pfeifer: In reviewing your request concerning the replacement of the subject wall, I have determined that there was some requirement attached to this wall in the site plan of the Kroger Store on the occasion of its approval by the Commission. This being the case, I believe it will be necessary for you to submit a request to the Board of Adjustment which will be nothing more than a letter. This letter should address the specifics of this circumstance. It might be to your benefit to provide a sketch plan or landscape plan that will identify your proposed replacement. The Planning Staff has not developed a position relative to the change out from concrete to landscaping; however, we typically take the approach this is a good tradeoff. If you file your request with this office by February 20, 1998, the item will be placed on the Board of Adjustment agenda for March 30, 1998. This is the next earliest public hearing date. If I can assistance you in any way, do not hesitate to contact my office. Sincerely, Richatd Wood, Manager Zoning and Subdivision Division RW:aa cc: File No. Z- 2 514 -A Bob Brown EMP Eugene M. Pfeifer, III 400 East 13th - P.O, Box 99 - North Little Rock, Arkansas 72115 Phone 371-4229 - Fax 375-0941 - Home Phone 8685222 e-mail: Pfeifer111@,4OL.com 26 January, 1998 Richard Wood Planning Dept. City of Little Rock Re: Kroger store, Polk at Cantrell Dear Richard, This is a follow-up of our earlier telephone conversation. Subject has a tilt -up concrete wall along the East perimeter and the sections adjacent to the East drive have been hit several times over the years and are crumbling. Tilt -up concrete is very expensive to replace in small quantities and impossible to match in color and pebble finish. I propose to replace the sections at the drive (approx. 6 feet on each side) with dense planting in accordance with the enclosed drawing. Please let me know if this is a staff matter for approval or if I will have to go further. Thank you for your cooperation. Yours very truly, 1 ne Pfeifer COMMUNITY DEVELOPMENT DEPARTMENT TRANSMITTAL/MESSAGE SLIP Date: FROM TO A C T I O N / Don Venhaus { Jack Taylor Jan Carter 'Don Bailey Roy Beard L. E. Barber Chas. Oldham Other OTHER MESSAGE: Your Info. & File Note & Forward Note & Return For Your Approval Investigate & Report Prepare Reply -My Sig. As You Requested For Signature As We Discussed Reply & Send Me Copy Take Appro.Action & Advise Me EUGENE M. PFEIFER III 6130 MAIN STREET NORTH LITTLE ROCK. ARKANSAS PHONE 501 FR 2-3456 September 21, 1971 Mr. Richard Wood Little Rock City Hall Little Rock, Arkansas RE: Block 13, Mountain Park Addition Dear Mr. Wood: I have submitted to you a development plan of subject Block. I request that I be relieved of the development plan obligations now applicable to Lots 1, 2, 3, and 7 - 12 of said Block, I further request that the present development plan be approved. The parking spaces shown hereon do not quite meet the city requirements. This is in part due to the green strip required. We show less than 25% of the block covered by buildings, a very low ratios Our tenant is very scientific in its real estate analysis, and they deem this parking adequate. We request approval of this number of spaces. Yours truly, Eugene M. Pfei r I EMP/sm .� NOTICE OF HEARING TO BE HELD BY THE LITTLE ROCK BOARD OF ADJUSTNEW ON AN APPIUCA`P'ION FOR A ZONING ] 1 ANCE FILED: October 4, 1971 TO ALL PARTIES IN INTERESTo inclining owners of land lying within 140 feet of the boundary property at 1800 North Polk owned by E. H- Pfeifer, dr.,, E. M. Pfeifer, III and E. G. Levy. NOTICE IS HEREBY GIVEN that on October 18, 19718 at 2:00 P.M. in the CHER OF THE BOARD OF DIRECTORS, 2nd Floor, City Hall, Little Rock, the undersigned Board will hold a public hearing on an application filed by above owners (1) requests a Variance from the Use Provisions of Section 43-14 of the Little Rock Code of Ordinances (See. 43) to permit Commercial Parking in E-1 Zoning ALL PARTIES IN INTEREST NAY APPEAR AND BE HEARD at said time and place or may notify the Board of Adjustment by letter of their views or, is matter- Plans and other pertinent data are available for inspection at the office of the Little Rock Planning Commission, Room 304, City Halla All persons interested in this request are invited to review the application in said office and to discuss the details with the Staff. M. Pfeifer In addition to a%a abo�o- public ,resting, I will be happy to discuss with pci our pis prior to the melsting. slther individually or In a group of your aoighbors. If ,you chooso act up a grog p m�sstiag. I would Appreciate, your designating a chairman. WE HEREBY CERTIFY that the following is a list of all of the record owners of the lands lying within 200 feet of Lots 4-5-6 Block 13 Mountain Park Addition to the City of Little Rock, Axlansas, as shown by the last deed of record in the office of the Circuit Clerk and Ex -Officio Recorder of Pulaski County, Arkansas. OWNER MOUNTAIN PARK ADDN. LOT Eugene M. Pfeifer, III 1�2-3 E. M. Pfeifer, Jr. E. G. Lev3yvand 8-9 and N Eugene M. Pfeifer, III 46.5' of 7 ✓ Dobbs Houses, Inc. 10-11-12 A>64 11007 ,/V. H. Frevaldenhoven & wf Virgie Lee N 46.5' 7 1 go t N :-FQ 1'<- 7"2- 7-x-7 ✓D. D. Panich 8 I4Ai1 B 18 6-ua412� ,,/Troy 1 W. Jarratt & wf Lola, M. 711a0 9 $ i Al. ?o M K -, 2--2-o'7 ,/J. A. Hill & wf Ruth R. 10 1,91'7 IV, TO I IC 7:�,ao -, ✓!J . H. H. Clark & wf Era C. 11 /9/1 /i1 ►?0 1Y1 7 a a a /-Hugh, McMillan 12 IB;?, -3 nV.®alk) 7aao 7 �EdTaard L Gruber, James A. Gruber & 1--2 Margaret Delaney Exc. N 3.5' /'1h' /L`• � 79;Z0 7 1 ,/Fra.nklin C. Todd & wf Marie 3 ,/James Ples Spradley & wf Barbara Jackson 8 �I Al, '5r, .� It ,IN. R. Hayden & wf TQaomi El 9-10 j5/� ,�/ Exc. N 3.5' 7a za 7 of E j 10 /Cyril E. Deese & wf Kathleen Decherd W� 9-10 Wic10N 3.5' of Al. B. Sutton & wf Mae $ /7o y j/, /-�72 20 7 ✓Howard L. Barron & wf Vada -Joe R. 9 / 71.5- /V J % zo �eth Poolman 109 Exc. DATED: September 13, 1971 LITTLE ROCK AB T; T COMPANY sst. . ecr Lary BLOCK 13 13 13 14 14 14 14 14 14 20 of 20 20 20 20 19 19 19 THIS IS NOT A PETITION NOTICE OF HEARING TO BE HELD BY THE LITTLE ROCK BOARD OF ADJUSTMENT ON AN APPLICATION FOR A ZONING VARIANCE FILED 196 TO ALL PARTIES IN INT T, includ' 'awne property at owned by e and lying within 140 feet of the boundary NOTICE IS HEREBY GIVEN that on a4_ , 19r/, at 2:00 P.M. in the C&MBER OF THE BOARD OF DIRECTORS, 2nd Floor, City Hall, Little Rock, the undersigned Board will hold a public hearing on an,application filed by (1) requests a arianc_e from the (3ff Provisions of Section - % the�ILittle Rock Cod f/Ordinances (Sec. 43) to permit s�z-c i" r'".�R i roc t ,it ! �` s: 1 ( !requests a Variance from the Provisions of Section ( ) of that Ordinance to permit on said lot. Xrequests a Variance from the Provisions of Section ( ) of that Ordinance to permit ALL PARTIES IN INTEREST MAY APPEAR AND BE HEARD at said time and place or may notify the Board of Adjustment by letter of their views on this matter. Plans and other pertinent data are available for inspection at the office of the Little Rock Planning Commission, Room 304, City Hall. All persons interested in this request are invited to review the application in said office and to discuss the details with the Staff ATTENTION- The TTENTION: The rules of the Little Rock Board of Adjustment require that the applicant serve notice to all parties in interest in the above matter. Your signature below simply indicates to this Board that you have read this notice announcing the time, place, and purpose of the Public Hearing on this case. THIS IS NOT A PETITION APPLICANT ADDRESS ADJACENT PROPERTY OWNERS ADDRESSES PC 35 6-17-69 (USE OTHER SIDE FOR ADDITIONAL SIGNATURE SPACE AND SIGN) N0. fi5 1 C - l OF LITT'�,E ROCK Lro' DEPART_ OF COMMUNITY DEVELOPMENT r-7 FIING -FEES DICK JONES, Little Rocky Ark. 7 19 ($75) Zoning Application Fee. $ ($25) Board of Adjustment Application Fee $'� - ($10 plus 500 per lot/acre)Preliminary Subdivision Fee $ ($10 plus 500 per lot/acre) Final Subdivision Fee $ ($5 plus $1 per lot) Replat Fee $ ($20 per intersection) Street Name Signs Fee $ TOTAL $ The above fees shall be paid to the City Collector, 1st Floor, City Hall. DIRECTOR OF COMMUNITY DEVELOPMENT DEPT* By: Address of property involved: Name of applicant: ?' � No.042364 No.042363 No.042361 No.042366 v 00 m� rt (IQ CD k" m N - 00 m r m W - rt a Ln Inn o m i-- Vn z 23 (D m (D (7 m �O z V v Pd t2 � ro T O O n F- PI i � z �' CL m Z m �' • 0 rt hj m '� lG _ In m' `i m N I -d O • m m y � v V N oa 70 = Ko to +1 r� x tl? 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