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HomeMy WebLinkAboutZ-8257-C Action Letter - Approved with Conditions 102821Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (501)371-4546 Hrand Duvalian 1300 E. 61h Street Little Rock AR 72202 Date: 10/28/2021 Dear Mr. Duvalian: Planning Development Building Codes File No. Z-8257-C Location: 5701 Kavanaugh Blvd. Issue: Reduced Front yard and side and setback. Reduced on -site parkin This is to advise you that in connection with your application, File No. Z-8257-C , the following action was taken by the Board of Adjustment at its meeting on _October 21.2021_• (a) Approved the application as filed. (b) X Approved the application with conditions. (c) Denied the application. (d) Deferred the application to the meeting. (e) Withdrew the application. (f) See attached Board of Adjustment minute record for conditions. (g) Other: 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)371-4864. Sincerely, -1)- � _ D. Tracy Spi man, Plans Development Administrator DTS/vh OCTOBER 21, 2021 ITEM NO.: 4 File No.: Owner: Applicant: Address: Legal Description: Zoned Z-8257-C Z-8257-C 5701 Kavanaugh LLC Hrand Duvalian 5701 Kavanaugh Blvd Lot 1,2, and 3, Block 6, Mountain Park Addition, Pulaski County, Arkansas C-3 Variances Requested: A variance is requested from the area provisions of Section 36-301 to allow a building addition with a reduced front and side yard setback. A variance is requested from the parking provisions of Section 36-502 to permit a commercial development with reduced on - site parking. Justification: The applicant's justification is presented as per the attached letter dated August 24, 2021. Present Use: Retail/Vacant Proposed Use: Mixed Use/ Dentist Office, Restaurant, Condominium STAFF REPORT A. Planning and Development Civil En ineerin : 1. Due to the requested zero setback variance which shows the building located approximately 8 feet from the Fillmore St. back of curb and the requirement for construction of a 6-foot access ramp and a 5-foot landing, provide a detail drawing of the SWC of the intersection of Fillmore St. and Kavanaugh Blvd showing the building, back of curb, and access ramp with landing conforming with ADA guidelines and City of Little Rock standard details. B. Landscape and Buffer Issues: 1. Site plan must comply with the Little Rock Zoning Ordinance and the City' s minimal landscape and buffer ordinance requirements. 2. A franchise agreement must be obtained from Little Rock Public Works to place any landscape materials in the public right-of-way. 3. 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 1 OCTOBER 21, 2021 ITEM NO.: 4 Z-8257-C 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. A City Beautiful Commission variance may be required to eliminate the planting strip adjacent to the parking and the east and west property lines. 4. 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 City Beautiful Commission variance may be required to eliminate the required building landscape area. 5. All ground or roof mounted mechanical systems shall be screened from abutting properties and streets. 6. 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. Building Codes: 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 (501)371-4832 for additional details. D. Staff Analysis., The C-3 zoned property located at 5701 Kavanaugh Blvd is partially developed and located at the southwest corner of Kavanaugh Blvd and N. Fillmore Streets in the commercial/retail district of the Heights neighborhood. A 20-foot-wide paved alley right-of-way is located along the rear (south) property line. Lots 1 and 2 were previously occupied by three commercial buildings and were demolished 4 OCTOBER 21, 2021 ITEM NO.: 4 Z-8257 approximately two years ago. A one-story building occupies Lot 3 that recently housed an art gallery This building also fills most of the site and borders the public sidewalk/property line on Kavanaugh. These buildings followed the patterns of urban use shopping district developments and the other structures on the block which are constructed property line to property line with extended sidewalks. In the past the applicant has submitted similar variance request for this site. In December of 2018 plans were submitted for 4-story building indicating encroachments into the building setbacks and limited onsite parking as required for C-3 properties. Staff did not support the original proposal, and the application was deferred. In March of 2019 plans were submitted lowering the proposed building height from four (4) stories (52 feet) to two (2) stories (approximately 30 feet), with a new exterior building design (masonry exterior). The revised building height was within the C-3 requirements and staff was supportive of the setback and parking variances. Staff presented the item and a recommendation of approval. The item was placed on the consent agenda and approved as recommended by staff. The site was not developed as approved, and applicant has resubmitted revised plans for the site that will require both setback and parking variances. The development team has stated that they desire to meet the wishes and expectations of the neighbors and are submitting a two-story building with a basement designed in a traditional downtown commercial/retail establishment style. The building is shown to take one half of the northern end of the three lots and will include 12 off street parking spaces including covered parking for 5 cars. The utilities and trash enclosure will be located at the south half of the three lots. The proposed uses of the building follow: • First Floor: Approximately 4,790 square feet includes a dental office which will fill the entire leasable space, a ground floor elevator lobby for the basement and second floor tenants and a separate stairway entrance for the basement tenant. • Second Floor: The gross enclosed area of 4,415 square feet is planned for two condominiums each which will have a terrace facing Kavanaugh, • Partial Basement: The interior gross area of 1,610 square feet will house a small dining/bar establishment and will be located and entered from the parking area on the south side of the building. The applicant continues to request a variance for reduced off-street parking. Six spaces are required for each dentist occupying the first floor. The number of dentists for the dental office is not known. The two condominium units will require (3) spaces and the restaurant will require (16) parking spaces. At the least a minimum of (25) parking spaces are required for the development. The onsite parking is deficient. The applicant has submitted written agreements with neighboring Calvary Baptist Church and Iberia Bank properties. The bank parking deck has (100) spaces, of 3 OCTOBER 21, 2021 ITEM NO.: 4 Z-8257-C which (75) are required by code for the bank use. The remaining (25) spaces will be available for use by tenants and guest of the subject property. Calvary has provided an informal arrangement stating their approval for adjacent business to use their parking facilities when not in use by the church. In addition, street parking will be available on both Filmore and Kavanaugh. The condominium development will provide the required parking spaces on site with the remainder of the of the onsite spaces being utilized by dental office, restaurant, or visitors. Section 36-301 (e) (1), and (2) 9 states: (1) Front yard. There shall be a front yard having a depth of not less than twenty- five (25) feet to the front line of the building. Where the two (2) adjacent buildings are closer than twenty-five (25) feet to the property line, said established setback line will prevail on subject property. (2) Side yard. No side yard shall be required except where abutting a residential district; then there shall be a side yard width of not less than fifteen (15) feet. On a corner lot, the side yard on the street side or exterior side shall be equal to the front yard setback. Therefore, the applicant is requesting that the setback requirements be waived and that the building be allowed to be constructed to the north, east, and west property lines. Section 36-502(b)(1) Residential (C)(2) states: Other, 1.5 spaces per unit. Section 36-502 (b)(2) Office and institutional uses. (b)(2) states: Medical clinics, 6.0 spaces per doctor or dentist. Section 36-502 (b)(3) c. Restaurants (and similar establishments serving food and beverages), 1.0 space for each one hundred (100) square feet of gross floor area. Therefore, the applicant is requesting that the onsite parking requirements be waived and that the additional parking be allowed as per the attached agreements with the neighboring business. Staff is supportive of the revised plans, including parking and building setback variances. The proposed building with reduced setbacks will not be out of character with many other commercial buildings throughout the Heights area, especially along Kavanaugh Blvd. Staff s support of the parking variance is based on the applicant maintaining the parking agreements with Iberia Bank and Calvary Baptist Church. Staff feels that the parking deficiency has been adequately addressed with adjacent property owner agreements and on -street parking. Staff has supported similar other parking variances (for restaurants) along Kavanaugh Blvd in the past. Staff believes that the new building setback and parking variances will have no adverse impact on the adjacent properties or the general area. 4 OCTOBER 21, 2021 ITEM NO.: 4 E. Staff Recommendation: Z-8257 Staff recommends approval of the revised building setback and parking variances, subject to the following conditions: 1. Compliance with the requirements as noted in paragraphs A, B, and C of the staff report. 2. The lease (use) agreement for a portion of the existing parking deck at 5800 "R" Street Iberia Bank and Calvary Baptist Church must be maintained. If the lease (use) agreement expires, the parking variance will become void and the parking variance must be brought back to the Board of Adjustment for further consideration. Board of Adjustment (October 21, 2021) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "Staff Recommendation". There was no further discussion. There was a motion to approve the application as recommended by staff. The motion was seconded. The vote was 5 ayes, 0 nays and 0 absent.