HomeMy WebLinkAboutZ-9618 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
Robert Kem Ices
Ta for/Kem kes Architects PA
210 Central Avenue Ste. 3
Hot Springs, AR 71901
Date: 10/28/2021
Dear Mr. Kem kes:
Planning
Development
Building Codes
File No. Z-9618
Location: 101 S. Bowman Road
Issue: Reduced parking variance
This is to advise you that in connection with your application, File No. Z-9618the following action was
taken by the Board of Adjustment at its meeting on _October 21, 2021.
(a)
(b)
(c)
(d)
(e)
(fl
(g)
Approved the application as filed.
X Approved the application with conditions.
Denied the application.
Deferred the application to the meeting.
Withdrew the application.
See attached Board of Adjustment minute record for conditions.
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 fled 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,
-D- & rN r4 ✓1
D. Tracy Sp llman, Plans Development Administrator
DTS/vh
OCTOBER 21, 2021
ITEM NO.: 6
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
`DI
Z-9618
South Bowman LLC
Attn: Nico Marin
Robert Kempkes
101 S Bowman Road
Lot 1, Erwin Addition to the City of Little Rock, Pulaski County
Arkansas
C-3
Variance(s) Requested: The parking provisions of Section 36-502 to permit the
renovation of commercial use to restaurant and expansion of
an outdoor eating area without providing additional parking.
Justification: The applicant's justification is presented as per the attached
letter dated September 07, 2021.
Present Use: C-3, Bank
Proposed Use: C-3, 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-3 zoned property is located at the southeast corner of Bowman Rd and West
Markham Street. The property is occupied by a 16,055 square foot, two-story
masonry building originally developed in 2006 as a bank, office, and restaurant
property. Vehicular access is provided on both Bowman Rd and Markham St. Most
of the parking is located on the north, south, and east sides of the building A drive
aisle and 2-parking spaces are located between the west side of building and
property line. The immediate surrounding properties fronting Bowman and Markham
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OCTOBER 21, 2021
ITEM NO.: 6 (CON'
Z-9618
are zoned commercial or R-2 and occupied by a large retail strip center, restaurants,
dive-thru bank, and open space. The adjacent east properties are occupied by a
convenience store on the southwest corner of Markham and Alamo Dr and single-
family residences that front Alamo Dr.
Restaurant uses require 1 parking space for every 100 square feet while the office /
institutional uses require 1 parking space for every 500 square feet. The building is
divided with 4,110 square feet of restaurant space, and 11,945 square feet of office
space. As the development exist 67 parking spaces are required to meet the
minimum code requirements, 72 parking spaces are provided.
The applicant is proposing to renovate 3,849 square feet of the existing office area
for additional restaurant use and provide another 612 square feet of outdoor eating
area. The proposed restaurant spaces will occupy 8,571 square feet with the
balance of the 7,484 square feet remaining as office or common space. The
renovations will require an additional 29 onsite parking spaces.
The applicant is proposing to renovate the south end parking area and close the
existing bank drive-thru to provide the outdoor eating area. This will create an
additional 7 on -site parking spaces. In addition, the applicant has provided a lease
agreement to occupy up to 10 spaces of the strip shopping center across Bowman
Rd to the west. The additional parking spaces will leave the development deficient
of 12 parking spaces.
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 offsite parking lease agreement be
honored to partially compensate the additional onsite parking and that the remaining
12 required parking spaces be waived.
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.
E. Staff Recommendation:
Staff recommends approval of the requested parking reduction subject to the
following conditions:
1. A lease agreement is maintained for additional parking for a minimum of 10
off street parking spaces.
Board of Adjustment
(October 21, 2021)
Robert Kempkes was present representing the application. There were five (5) objectors
present. Staff presented the item with a recommendation of approval. City Attorney
Sherri Latimer addressed the Board stating that the Board should be aware of a pending
011
OCTOBER 21, 2021
ITEM NO.: 6 CON'T. Z-9618
lawsuit involving the businesses drive-thru was filed by Alan Bubbus and that only the
variance in question should be considered or discussed by the Board at this meeting.
Robert Kempkes addressed the Board stating that the parking requirement can be
currently met but that Alan Bubbus and Jim Keet were in discussion concerning the drive-
thru issue . He stated that the current intent is to increase outdoor seating which is
currently limited to a small area but could be easily accommodated in the former (bank)
drive-thru canopy at the south of the building.
Jim Keet addressed the Board stating that he was in negotiation to accomplish a design
to impact parking and traffic at the site but learned about the lawsuit just 45 minutes before
the hearing today. He further stated that the current lease holder Mr. Kempkes did not
have a drive-thru component to the recently signed agreement.
Louis Heard addressed the Board stating that he lived at 122 Alamo Drive just behind the
site and that he was concerned about the impact outdoor seating will have on the privacy
of his yard. He asked that a new fence be constructed to assist in reduction of the current
noise issues.
Chairman Allison commented that the parking variance will allow for additional outdoor
seating at the restaurant.
Russ Racop addressed the Board stating that he was the Vice -Chairman of the
Beachwood Neighborhood Association and that the current ordinance governing the
property is not enforced by the City currently along with issues with the dumpster location
and noise issues. He stated that allowing for parking across Bowman Road at the
adjacent property was not feasible given the difficulty of crossing the street to access the
building.
Steve Giles addressed the board stating that he represented one of the parties in the
current lawsuit and that a traffic study analysis was to be distributed to the Board as a
reference to the intensity of the traffic at the Bowman and Markham intersection. This
intensity should be considered as a hardship on the occupants of the building and
vehicular access.
Alan Bubbus addressed the Board stating that there was an ongoing attempt to resolve
the parking and outdoor seating issues, but the filing of the lawsuit has stopped the
process. He requested that the variance be deferred so that the litigation may be
resolved.
City Attorney Sherri Latimer addressed the Board stating that she would advise the Board
to defer the item and that the City cannot be party to the litigation.
Alan Bubbus addressed the Board stating that he was requesting the deferral to allow for
negotiations to occur or the litigation be resolved. The site is not large enough to
accommodate another business nor parking needs and that he opposes the variance due
to the distance to the off -site parking lot being suggested.
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OCTOBER 21, 2021
ITEM NO.: 6 (CON'T_
Z-9618
Jamie Collins addressed the Board stating that the studies or other situations in litigation
are not the point of this Board and that the property is currently zoned C-3 which allows
the business.
Bob Kempkes addressed the Board stating that the off -site parking lot was within 200 feet
of the restaurant and for employees only and that the site plan has been changed to
accommodate the outdoor seating issue.
There was a motion to approve the application as submitted and as recommended by
staff. The motion was seconded. The vote was 3 ayes, 2 nays and 0 absent.
4