HomeMy WebLinkAboutEmail Correspondence - D. Spillman Msg to BOA 102221-----Original Message-----
From: Spillman, Darren
Sent: Thursday, October 21, 2021 11:28 AM
To: Thrower, Torrence <tthrower@littlerock.gov>; Price, Romie G. <rprice@littlerock.gov>
Subject: FW: 101 S. Bowman Rd application to Board of adjustment
-----Original Message-----
From: Alan Bubbus <alan@davidsburgers.com>
Sent: Thursday, October 21, 2021 11:15 AM
To: fallison@ecilr.com
Cc: rick@bertramrealestate.com; austingrinder@arkansas.net; joejustus@hotmail.com;
katherine.dombek@gmail.com; Collins, Gilbert <gcollins@littlerock.gov>; Spillman, Darren
<dspillman@littlerock.gov>; Kendel Grooms <kendel@campbellgrooms.com>; Parker Spaulding
<parker@campbellgrooms.com>; Cliff McKinney <cmckinney@qgtlaw.com>; Dylan Botteicher
<djbotteicher@csmfirm.com>
Subject: 101 S. Bowman Rd application to Board of adjustment
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Hello Board of Adjustment members and city staff,
Thank you for your service to the city. I will request a 30 day deferral of the application for 101 S.
Bowman Rd at the meeting today. This application involves litigation for the common area use of this
site as demonstrated in the revisions to the site submitted with the site plan in the application. This
lawsuit occurred this week and is about what rights David’s Burgers has within the common area
including the overall plan; which includes the parking, drive aisles and the drive thru access, which is
central to this application and I hope that the city will allow an opportunity for resolution in this
litigation prior to approving the changes to the common area in this application. Approval of this
application by the city could have an impact on the litigation, and the city has often granted short term
requests when litigation has been involved. I would like an opportunity to resolve this conflict in the
next 30 days prior to the next meeting, which I would propose is a minor inconvenience or delay to the
applicant.
Alternatively, if the Board of Adjustment chooses to decline this request for deferral, I will request
denial of this application. I have attached a traffic study which demonstrates that traffic will increase by
more than four times of the current use of the former bank site. I have also attached portions of a letter
sent by the landlord or applicant, including pictures from the landlord that demonstrate that almost
every parking space is taken and the congestion at the front of the building blocking the entrance at
Markham, which causes the traffic to back up on Markham. The landlord says in this letter, “These
parking violations have led to severe traffic congestion going into and out of the site and is severely
disruptive to the overall operation of the site.” Please keep in mind that David’s Burgers is the only real
tenant in this location at this time, only 4000 sf of this 16000 sf building are really fully occupied. This
site is not appropriate for two restaurants, especially an additional restaurant that is almost 4000 sf with
approximately 100 seats. There is not enough parking and the access is not sufficient for this stop light
corner location with a 16000 sf building with two 4000 sf restaurants seating over 100 customers in each
restaurant.
The landlord has submitted off site parking to supplement this parking problem. This offsite parking has
been accessed via a month to month lease. I have tried to purchase this site to relocate the David’s
Burgers to the same location as this month to month lease for supplemental parking proposed by the
applicant and have been told that it is unavailable and that a restaurant will be taking this location
where this parking located soon. This parking will not be available as a long term solution but has been
leased to try and obtain city approval for this application.
For these reasons, and others that will be presented at the meeting today, I will request deferral or
denial of this application.
Thanks,
Alan Bubbus
President
David’s Burgers
(501) 256-9187
Sent from my iPhone
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