Loading...
HomeMy WebLinkAboutZ-3614-D Staff AnalysisMAY 20, 2013 ITEM NO.: 1 File No.: Z -3614-D Owner: James D. Keith, Jr./Bowman Curve I & II, LLC Applicant: Wade Greenough, Bumpy's Restaurants, LLC Address: 400 N. Bowman Road Description: West side of N. Bowman Road, at Mara Lynn Road Zoned: C-3 Variance Requested: Variances are requested from the area provisions of Section 36-301, the building line provisions of Section 31-12 and the outdoor dining provisions of Section 36-298 to allow a deck addition with a reduced street side setback and encroachment across a platted building line, and an area of outdoor dining between a bulding and adjacent residential property. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Restaurant/Shopping Center Proposed Use of Property: Restaurant with Outdoor Dining Area STAFF REPORT U C. Public Works Issues: No Comment. Landscape and Buffer Comments: All existing fencing, dumpster enclosures, striping in the parking lot, and landscaping should be in good condition or repair/replaced in conjunction with this application. Building Codes Comments: 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. MAY 20, 2013 NO.: 1 (CON'T_ 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 I ittie Rock Bu;ld,ng Codes at 371-4832 for additional details. D. Staff Analysis: The C-3 zoned property at 400 N. Bowman Road is occupied by a one-story shopping center. The site is located on the west side of N. Bowman Road, at Mara Lynn Road. The shopping center consists of three (3) buildings with paved parking between the buildings and N. Bowman Road. There are three (3) access drives from N. Bowman Road which serve the site. The lot contains a 25 foot front platted building line which runs along the N. Bowman Road frontage. Bumpy's restaurant occupies the northernmost space within the largest of the three (3) buildings, near the northwest corner of the overall site. The applicant proposes to construct a 30 foot by 30 foot wood deck at the north end of the building, as noted on the attached site plan. The deck will be unenclosed/uncovered and utilized for outdoor dining. The deck will be located four (4) feet to nine (9) feet back from the front property line along N. Bowman Road. The proposed deck will cross the 25 foot front platted building line by 16 to 21 feet. Because of the slope of the property, the east side of the deck will be approximately four (4) feet above grade, with the west side being at grade. The deck will have a 40 inch high railing with lattice underpinning. The proposed deck will eliminate five (5) parking spaces, with three (3) new spaces being provided at the west side of the deck. Ample parking exists on the site to meet ordinance requirements. Section 36-301(e)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 31-12(c) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Section 36-298(8)e. requires that an area of outdoor dining not be located between the building occupied by the restaurant and adjacent residentially zoned or used properties. Therefore, the applicant is requesting variances from these ordinance standards to allow the proposed deck with a reduced front setback and building line encroachment, and the area of outdoor dining to be located between the building and adjacent multi -family property across N. Bowman Road to the adjacent north. Staff does not support the proposed outdoor dining area with variances, as requested. Staff does not object to the applicant having an area of outdoor dining, but staff has concerns with the proposed plan. First, staff is concerned that the area of outdoor dining is located too close to property line along N. Bowman Road, a very busy roadway. The northwest corner of the proposed deck is located only four (4) feet from the sidewalk along N. Bowman Road. Secondly, staff feels that the proposed deck location will adversely impact vehicular circulation through the MAY 20, 2013 ITEM NO.: 1 (CON'T. site. The proposed deck will eliminate vehicular circulation from the northernmost driveway to the site's main area of parking to the south. Staff believes the applicant should re -design the outdoor dining area and provide a 20 foot wide driveway between the deck and the property line along N. Bowman Road. Staff feels that this will provide a safer distance between the deck and the roadway and Will alcn ally% traffic to Clrr-i date frnm the northernmost drive::'ay to the sOuth. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the deck addition. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. E. Staff Recommendation: Staff recommends denial of the requested variances, as filed. BOARD OF ADJUSTMENT: (May 20, 2013) Staff informed the Board that the applicant contacted staff on May 14, 2013 and requested the application be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn with a vote of 4 ayes, 0 nays, and 1 absent. MAY 20, 2013 M NO.: 1 File No.: Z -3614-D Owner: James D. Keith, Jr./Bowman Curve I & II, LLC Applicant: Wade Greenough, Bumpy's Restaurants, LLC Address: 400 N. Bowman Road Description: West side of N. Bowman Road, at Mara Lynn Road Zoned: C-3 Variance Requested: Variances are requested from the area provisions of Section 36-301, the building line provisions of Section 31-12 and the outdoor dining provisions of Section 36-298 to allow a deck addition with a reduced street side setback and encroachment across a platted building line, and an area of outdoor dining between a bulding and adjacent residential property. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Restaurant/Shopping Center Proposed Use of Property: Restaurant with Outdoor Dining Area STAFF REPORT A. Public Works Issues: No Comment. B. Landscape and Buffer Comments: All existing fencing, dumpster enclosures, striping in the parking lot, and landscaping should be in good condition or repair/replaced in conjunction with this application. C. Building Codes Comments: 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. MAY 20, 2013 N _ .: 1 (CO 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 371-4832 for additional details. D. Staff Analysis_ The C-3 zoned property at 400 N. Bowman Road is occupied by a one-story shopping center. The site is located on the west side of N. Bowman Road, at Mara Lynn Road. The shopping center consists of three (3) buildings with paved parking between the buildings and N. Bowman Road. There are three (3) access drives from N. Bowman Road which serve the site. The lot contains a 25 foot front platted building line which runs along the N. Bowman Road frontage. Bumpy's restaurant occupies the northernmost space within the largest of the three (3) buildings, near the northwest corner of the overall site. The applicant proposes to construct a 30 foot by 30 foot wood deck at the north end of the building, as noted on the attached site plan. The deck will be unenclosed/uncovered and utilized for outdoor dining. The deck will be located four (4) feet to nine (9) feet back from the front property line along N. Bowman Road. The proposed deck will cross the 25 foot front platted building line by 16 to 21 feet. Because of the slope of the property, the east side of the deck will be approximately four (4) feet above grade, with the west side being at grade. The deck will have a 40 inch high railing with lattice underpinning. The proposed deck will eliminate five (5) parking spaces, with three (3) new spaces being provided at the west side of the deck. Ample parking exists on the site to meet ordinance requirements. Section 36-301(e)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 31-12(c ) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Section 36-298(8)e. requires that an area of outdoor dining not be located between the building occupied by the restaurant and adjacent residentially zoned or used properties. Therefore, the applicant is requesting variances from these ordinance standards to allow the proposed deck with a reduced front setback and building line encroachment, and the area of outdoor dining to be located between the building_ and adjacent multi -family property across N. Bowman Road to the adjacent north. Staff does not support the proposed outdoor dining area with variances,.as requested. Staff does not object to the applicant having an area of outdoor dining, but staff has concerns with the proposed plan. First, staff is concerned that the area of outdoor dining is located too close to property line along N. Bowman Road, a very busy roadway. The northwest corner of the proposed deck is located only four (4) feet from the sidewalk along N. Bowman Road. Secondly, staff feels that the proposed deck location will adversely impact vehicular circulation through the MAY 20, 2013 ITEM NO.: 1 (CON'T. site. The proposed deck will eliminate vehicular circulation from the northernmost driveway to the site's main area of parking to the south. Staff believes the applicant should re -design the outdoor dining area and provide a 20 foot wide driveway between the deck and the property line along N. Bowman Road. Staff feels that this will provide a safer distance between the deck and the roadway and will also allow traffic to circulate from the northernmost driveway to the south. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the deck addition. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. E. Staff Recommendation: Staff recommends denial of the requested variances, as filed. MAY 20, 2013 ITEM NO.: 1 File No.: Z -3614-D Owner: James D. Keith, Jr./Bowman Curve I & II, LLC Applicant: Wade Greenough, Bumpy's Restaurants, LLC Address: 400 N. Bowman Road Description: West side of N. Bowman Road, at Mara Lynn Road Zoned: C-3 Variance Requested: Variances are requested from the area provisions of Section 36-301, the building line provisions of Section 31-12 and the outdoor dining provisions of Section 36-298 to allow a deck addition with a reduced street side setback and encroachment across a platted building line, and an area of outdoor dining between a bulding and adjacent residential property. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Restaurant/Shopping Center Proposed Use of Property: Restaurant with Outdoor Dining Area STAFF REPORT L C Public Works Issues: No Comment. Landscape and Buffer Comments: All existing fencing, dumpster enclosures, striping in the parking lot, and landscaping should be in good condition or repair/replaced in conjunction with this application. Building Codes Comments: 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. MAY 20, 2013 ITEM NO.: 1 CON'T. 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. (_nntanf the r if% of I ii -He Rnrl- Pi dirilinn (nr4gac of 171_dR 22 fnr urlAifinn-ml Anfnils. D. Staff Analysis: The C-3 zoned property at 400 N. Bowman Road is occupied by a one-story shopping center. The site is located on the west side of N. Bowman Road, at Mara Lynn Road. The shopping center consists of three (3) buildings with paved parking between the buildings and N. Bowman Road. There are three (3) access drives from N. Bowman Road which serve the site. The lot contains a 25 foot front platted building line which runs along the N. Bowman Road frontage. Bumpy's restaurant occupies the northernmost space within the largest of the three (3) buildings, near the northwest corner of the overall site. The applicant proposes to construct a 30 foot by 30 foot wood deck at the north end of the building, as noted on the attached site plan. The deck will be unenclosed/uncovered and utilized for outdoor dining. The deck will be located four (4) feet to nine (9) feet back from the front property line along N. Bowman Road. The proposed deck will cross the 25 foot front platted building line by 16 to 21 feet. Because of the slope of the property, the east side of the deck will be approximately four (4) feet above grade, with the west side being at grade. The deck will have a 40 inch high railing with lattice underpinning. The proposed deck will eliminate five (5) parking spaces, with three (3) new spaces being provided at the west side of the deck. Ample parking exists on the site to meet ordinance requirements. Section 36-301(e)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 31-12(c ) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Section 36-298(8)e. requires that an area of outdoor dining not be located between the building occupied by the restaurant and adjacent residentially zoned or used properties. Therefore, the applicant is requesting variances from these ordinance standards to allow the proposed deck with a reduced front setback and building line encroachment, and the area of outdoor dining to be located between the building and adjacent multi -family property across N. Bowman Road to the adjacent north. Staff does not support the proposed outdoor dining area with variances, as requested. Staff does not object to the applicant having an area of outdoor dining, but staff has concerns with the proposed plan. First, staff is concerned that the area of outdoor dining is located too close to property line along N. Bowman Road, a very busy roadway. The northwest corner of the proposed deck is located only four (4) feet from the sidewalk along N. Bowman Road. Secondly, staff feels that the proposed deck location will adversely impact vehicular circulation through the MAY 20, 2013 ITEM NO.: 1 (CON'T.) site. The proposed deck will eliminate vehicular circulation from the northernmost driveway to the site's main area of parking to the south. Staff believes the applicant should re -design the outdoor dining area and provide a 20 foot wide driveway between the deck and the property line along N. Bowman Road. Staff feels that this will provide a safer distance between the deck and the roadway and will also allow traffic fn cirri �lafe frnm fhe norFharmmnsf r1rive%e13v fn fhe eni ifh ..... �....... — .... ................,.......,.....j If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the deck addition. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. E. Staff Recommendation: Staff recommends denial of the requested variances, as filed. BOARD OF ADJUSTMENT: (May 20, 2013) Staff informed the Board that the applicant contacted staff on May 14, 2013 and requested the application be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn with a vote of 4 ayes, 0 nays, and 1 absent.