HomeMy WebLinkAboutZ-5383-D BOA Action Letter - Approved With Conditions 072221John Stephens
Department of Planning and Development Planning
723 West Markham Street
Little Rock, Arkansas 72201-1334 Development
Phone: (501)371-4790 Fax: (501)371-4546 Building Codes
File No. Z-5383-D
Location: 5510 Kavanaugh Blvd.
5813 Hawthorne Rd.
Little Rock AR 72207
Date: July 19, 2021
Dear Mr. Stephens
Issue: Parking Variance/ Rear Yard Setback Variance
and Lot Covera e
This is to advise you that in connection with your application, File No. Z-5383-D , the following action was taken
by the Board of Adjustment at its meeting on July 15, 2021
(a)
.
(b)
X
(c)
(d)
(e)
(f)
X
(g)
Approved the application as filed.
Approved the application with conditions.
Denied the application.
Deferred the application to the _
Withdrew the application.
See attached Board of Adjustment minute record for conditions.
Other:
meeting.
If a variance application is approved by the Board of Adjustment, all permits necessary for the initiation of
work shall be obtained within two (2) years from the date of approval, unless an extension of time is granted
by the Board. Otherwise, the Board's approval of the application shall be considered void.
According to the City's Zoning Ordinance Section 36-70:
"Appeals from the decision of the Board of Adjustment shall be filed with the appropriate court of
jurisdiction. This filing must occur within thirty (30) calendar days of the action by the Board of
Adjustment."
If you have questions, please call me at (501)371-6817.
Sincerely,
V11
D. Tracy Spill an, Plans Development Administrator
DTS/vh
J U LY 15, 2021
ITEM NO.: 1 Z-5383-D
File No.: Z-5383-D
Owner: Kavanaugh Restaurant Properties LLC/ Prego Inc,
Attn: John Stephens
Applicant: John Stephens
Address: 5510 Kavanaugh Blvd
Description: Lot 12, Block 22, Newton's Addition
Zoned: C-1 CUP
Variance(s) Requested: The parking provisions of Section 36-502 to permit the
expansion of an existing restaurant without providing
additional parking.
The area regulations of Sec. 36-299 to allow a reduced rear
yard setback and to permit more than 35% lot coverage of
principal and accessory buildings in the C-1 district.
Justification: The applicant's justification is presented as per the attached
letter.
Present Use: C-1 CUP, Restaurant
Proposed Use- C-1 CUP, Restaurant
STAFF REPORT
A. Planning and Development Civil Engineering Comments:
No Comment.
B. Buffering and Landscape Comments:
No Comment.
C. Building Codes Comments:
No Comment.
D. Staff Analysis:
The C-1 CUP zoned property is located within the Heights Overlay District at 5510
Kavanaugh Blvd. This overlay district generally has no bearing on the subject
variance requests. The property was originally developed in 1931 as a single-family
home but has served as a restaurant space since the early 1990's. The site is mostly
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J U LY 15, 2021
ITEM ND 1 [CON'TJ Z-5383-❑
paved and occupied by a one-story frame building. Two onsite parking spaces are
located between the building and the Kavanaugh right-of-way, a service drive
adjacent to the east property line connects the street to a service court at the back
of the property which includes a detached refrigerator and storage building. The
detached accessory structures are shown on the applicants sketch to be located
within the required setbacks. The immediate surrounding properties fronting
Kavanaugh are zoned commercial or office and occupied by retail, restaurants /
bars, a bank, and post office facility. The adjacent properties to the north are zoned
R-2 and occupied by single family homes that face Stonewall Rd.
The applicant is proposing to renovate the restaurant and provide an additional 993
square feet to the existing building. Sec. 36-502. - Required off-street parking states
that restaurants require 1.0 space for each 100 square feet of gross floor area. This
building addition would normally require 9 onsite parking spaces to be incorporated
into the allotted parking area. However, as part the original 1993 CUP the restaurant
developer requested that the Planning Commission waive the parking requirements.
Based on this request the Planning Staff recommend denial and the Planning
Commission did not approve the CUP. This decision was then appealed to the Board
of Directors and overturned with a unanimous approval.
The applicant has stated that the existing building footprint is 2,090 square feet and
placed on a 7,000 square foot lot. After the renovation, the building is proposed to
be a total of 3,083 square feet. The expansion of the building will be located at the
back of the property which will encroach across the 25-foot rear yard setback line
4-feet, 8.5-inches. The additional square footage will also cause the building to
exceed the 35% lot coverage of principal and accessory buildings in the C-1 district.
Sec. 36-502(b)(3)(c) States, "Restaurants (and similar establishments serving food
and beverages), 1.0 space for each one hundred (100) square feet of gross floor
area." The applicant is requesting that the additional onsite parking requirement for
the square footage expansion be waived.
Sec. 36-299(e)(3) Rear yard states, "There shall be a rear yard having a depth of
not less than twenty-five (25) feet." The applicant is requesting that rear yard setback
be reduced to 20.25 feet.
Sec. 36-299(e)(5) Lot coverage states, "Maximum lot coverage for all principal and
accessory buildings shall be thirty-five (35) percent of the total area of the site."
The applicant is requesting up to a 44% lot coverage be allowed.
Based on the analysis above, Staff believes the subject proposal is in keeping with
the character and scale of the neighborhood and views the variance request as
reasonable.
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JULY 15, 2021
ITEM NO.' 1 CON'T. Z-5383-D
E. Staff Recommendation'
Staff recommends approval of the requested parking, rear yard setback, and
coverage requirements as indicated on the submitted survey / site plan sketch,
subject to the following conditions:
1. A building permit being obtained for all construction
2. Install any required trees in accordance with the Heights Landscape Design
Overlay District if applicable.
Board of Adjustment
(July 15, 2021)
Mr. David Porter and Mr. Rodney Parham of Polk Stanley Wilcox were present
representing the applicant. Staff presented the item and a recommendation of approval
as outlined in the "staff recommendation" above. The applicants stated they agreed with
staffs recommendation and have tried to minimize the footprint of the building
improvements while considering the needs of their client and the neighboring property
owners. The applicant deferred to the opposition.
Ms. Erin Hohnbaum addressed the Board stating she was in neither in support nor
opposition to the application. Ms. Hohnbaum communicated that her home was adjacent
to the north of the subject property and was in favor of the renovations. However, her
concern was regarding how this will affect her property and what type of functions would
be included in the proposal.
Mr. Parham responded that the renovation will not include windows or lights facing the
neighbor's property and the rear door will be for egress only. It was also stated that noise
levels could not be guaranteed, and the rear of the property will be maintained primarily
as a service area with no outdoor patio area being proposed with the expansion.
Erin Hohnbaum responded she was in agreeance with no patio area proposed in the rear
of the property and this resolved her concerns.
Board Member Grinder inquired about the square footage of the expansion. In response
Mr. Parham stated that the expansion would only be to the north of the existing structure
and include a new kitchen and wrap -around dining.
There was a motion to approve the application as recommended by staff. The motion
was seconded. The vote was 5 ayes, 0 noes and 0 absent.
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