HomeMy WebLinkAboutBOA Action Letter - Approved With ConditionsDepartment 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
Bart Barlo ie File No. Z-8608-A
Location: 33501 Old Cantrell Road
324 E. 15th Street
Little Rock, AR 72202 Issue: Reduced parking
Date: November 25, 2022
Dear Mr. Barloaie:
This is to advise you that in connection with your application, File No. Z-8608-A the following action was
taken by the Board of Adjustment at its meeting on November 17, 2022:
(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) X 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) 371-4790.
NOVEMBER 17, 2022
ITEM NO. A
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Variance(s) Requested
Justification:
Present Use. -
Proposed Use:
STAFF REPORT
Z-8608-A
Greens Investments, LLC
Bart Barloige
3501 Old Cantrell Road
The East 90 Feet of Lots 1 & 2, in Block2 of West Rock Addition
to the City of Little Rock, Pulaski County Arkansas
C-3
The parking provisions of Section 36- 507 to allow a parking
lot with a reduced number of on -site parking spaces.
The applicant's justification is presented as per the attached
letter.
C-3, Restaurant
C-3, Restaurant
A. Planning and Development Civil Engineering Comments:
No Comment.
B. Buffering and Landscape Comments:
1. Any new site development must comply with the City's minimal landscape and
buffer ordinance requirements.
2. Maintain any existing landscape perimeters. Any trees or vegetation located in
close proximity to construction shall have the area within the dripline fenced
and protected from development activities. Any existing landscape or irrigation
disturbed by construction shall be repaired or replaced before completion and
final acceptance of the project.
3. Any exiting landscape or irrigation disturbed by construction shall be repaired or
replaced before completion and final acceptance of the project.
4. 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.
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NOVEMBER 17, 2022
ITEM NO. A Z-8608-A
C. Building Codes Comments:
No Comment.
D. Staff Analysis:
The C-3 zoned property at 3501 Old Cantrell Road is occupied by a one-story
restaurant that has been in operation by the current proprietor for over 10 years.
Formerly, this building was constructed as an auto service station. A driveway from
Old Cantrell Road allows access to the property and onsite parking. The northern
portion of the property was once a vehicular use area allowing access to the service
bay doors and the old gas pump area underneath a canopy and the front of the
building. Two parking spaces are located in front of the former service bay on the
northwest corner of the building, five (5) spaces have been placed adjacent to the
Mart Drive right -of way on the east and three (3) parking spaces are shown at the
rear of the building to the south.
The restaurant renovations included a small 90 square foot addition on the south
side of the building and a 373 square foot covered outdoor seating area constructed
under the gas pump canopy between the building and Old Cantrell Road. Portions
of the existing paving along the east property line were cut out for the planting of
new trees. New planter beds and a landscaped island within the Old Cantrell Road
right-of-way were installed. The building and outdoor seating as proposed indicated
a total of 2,252 square feet. The ordinance required 22 on -site parking spaces for
the restaurant use.
To develop the property as previously proposed the applicant had to request street
buffer and parking variances. The applicant provided 23 parking spaces for the
development with a request to allow more than 25% of these to be located off site.
The item was placed on the regular agenda at the November 29, 2010, Board of
Adjustment hearing and was unanimously approved. In accordance with the hearing
the applicant provided ten (10) on -site parking spaces and leased 13 spaces from
the office development immediately to the north across Old Cantrell Road.
The applicant is now requesting the elimination of an additional five (5) on -site
parking spaces located on the east side of the property adjacent to the Mart Drive
right-of-way. The business owner has stated that due to the unforeseen
circumstances of the COVID-19 pandemic an open-air tent was added to the east
side of the building to serve their customers. Tables, chairs, lighting, heaters, etc.
were purchased to accommodate the restaurant patrons and the outdoor seating
has contributed to 1/3 of the business income over the past three years. The tent
provides an approximate 1,000 square feet of outdoor eating space which would
require 10 additional onsite parking spaces.
The outdoor eating space proposal would increase the overall square footage of the
restaurant to approximately 3,250 square feet requiring a minimum of 32 on -site
parking spaces of which 50% are required to be located on site. The applicant has
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NOVEMBER 17, 2022
ITEM NO. A Z-8608-A
provided a lease agreement from Rainy Abstract Company across the street at 3420
Old Cantrell Rd indicating 58 parking spaces dedicated to the restaurant. Sec. 36-
507(a) States, All parking spaces provided pursuant to this article shall be on the
same lot with the building or within three hundred (300) feet thereof. The distance to
any parking area as herein required shall be measured between the nearest point of
the off-street parking facility and the nearest point of the building said parking area
or facility is to serve. Off -site parking shall not exceed fifty (50) percent of the total
number of spaces required by this article. Therefore, the applicant is requesting that
five (5) additional on -site parking spaces be allowed to be moved off site to provide
additional outdoor eating space.
Staff is supportive of the requested variance associated with the reduced on -site
parking. Parking space for restaurants is often compromised in the "mature areas"
(east of University Avenue) of the city. There are other restaurants in the nearby
Heights and Hillcrest neighborhoods that have be granted similar parking variances.
Staff notes that during the COVID-19 pandemic, restaurants were allowed to
maintain temporary structures to practice social distancing protocols. However, the
City regards tents as a temporary structure which are only allowed by code for a
period up to one (1) year. Due to the applicant securing additional off -site parking
above the required minimum it is staff s opinion that the proposed parking variance
will have no negative effect upon the health, safety, or welfare of the public, and will
not detract from the value or aesthetic of the neighborhood or surrounding
properties.
Staff finds the request to generally be in conformance with the development pattern
of this and other restaurants developments close to the site. Based on the above
assessment and analysis, finds the requested variance to be reasonable.
E. Staff Recommendation:
Staff recommends approval of the requested parking variance to allow the
elimination of five (5) on -site parking spaces to allow for additional outdoor eating
as per the staff analysis and subject to the following conditions:
1. Compliance with the requirements as noted in paragraph B of the Staff
report.
2. The tent is removed from the site in a period of no less than one (1) year
and permanent solution is presented to the Little Rock Department of
Planning and Development for review and approval.
3. The lease (use) agreement for a portion of the existing parking lot from the
Standard Abstract Company at 3420 Old Cantrell Rd 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.
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NOVEMBER 17, 2022
ITEM NO. A
Board of Adjustment
(OCTOBER 20, 2022)
Staff informed the Board that the application needed to be deferred to the November 17,
2022 agenda based on the fact that the applicant failed to send the notification to all
property owners as required. The item was placed on the Consent agenda for deferral to
the November 17, 2022 Agenda. A motion was made to approve the consent agenda.
The vote was 4 ayes, 0 nays and 1 absent. The application was deferred.
Board of Adjustment
(NOVEMBER 17, 2022)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval as outlined in the "Staff Recommendation"
above. The item remained on the Consent Agenda for approval. A motion was made to
approve the Consent Agenda. The vote was 4 ayes, 0 nays and 1 absent. The application
was approved.
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