Loading...
HomeMy WebLinkAboutZ-3903-B Staff AnalysisNovember 18, 1985 Item No. 9 - Z -3903-B (Reconsideration Issue) Owner: CYH Development Company By: Boyce Hawk Address: 3625 Kavanaugh Blvd. Description: Lots 1 and 2, Block 51, Pulaski Heights Addition Zoned: 11C-3" General Commercial Request: That the Board allow a refiling of the application in this matter for purposes of hearing a report on change circumstances, and in the event that a rehearing is granted approval of a modifie9 use, parking and access plan is being requested. Present Use of Property: Retail sales center Proposed Use of Property: Remain the same with a change in use mix STAFF REPORT: The owners of 3625 Kavanaugh Blvd. are requesting a reconsideration of a previously filed variance based on Article V, Section 4 of the Bylaws which states: "no additional application to the Board of Adjustment shall be allowed unless there shall have been a substantial change in circumstances effecting such properties since the prior decision on the same property." Boyce Hawk, one of the owners, has indicated that circumstances have changed because the status of two uses in the center. If the rehearing is granted, a variance from the parking provisions is being requested. This is the third time that this issue is before the Board of Adjustment. In October 1982, the Board granted variances for exterior yard encroachments and reduction in the number of parking spaces. With that approval, the center was restricted to using only the upper floor for commercial uses and the lower level for storage only. Because of an enforcement issue, utilizing some of the lower level for other uses, another variance request was filed in August 1985 to permit expansion of a previously approved November 18, 1985 Item No. 9 - Continued variance. This request was made to allow more use of the lower level and recognize an existing use on the lower floor. Staff recommended denial of the variance primarily because of the parking situation and the impact on the residences that are on the Harrison Street side of the center. The Board of Adjustment basically denied the request, but provided for an existing exercise studio on the lower level as it currently operates and remain as is until the studio vacates the space. The Board also said by their action that the balance of the basement area was to remain as previously approved for storage or ancillary activity to the uses on the upper level. The first issue the Board must address is granting the rehearing. If that is agreed to, then a public hearing will be held on the parking variance and staff will provide additional information at the,,meeting. BOARD OF ADJUSTMENT ACTION: The first issue that was discussed was the rehearing or reconsideration request. After a brief discussion, a motion was made to grant the rehearing for a parking variance and a change in the use mix. The motion was approved by a vote of 6 ayes, 0 noes, 3 absent. The Board of Adjustment then proceeded with the hearing for the parking variance. Boyce Hawk, one of the owners of the project, was present. There were no objectors. Mr. Hawk then spoke at length about the issue. He said that a substantial change will occur because the exercise studio will be leaving the center on December 20, 1985. He went on to say that the studio was a primary cause of the parking problem and the situation along Harrison Street. Mr. Hawk then described all the previous actions that had taken place on the property. There was a long discussion about the building itself and the mix of uses. Mr. Hawk said that some of the upper uses needed to be able to utilize floor space on the lower level. He went on to say that no project in the Heights/Hillcrest area can provide the necessary parking. He also said that other uses in the immediate area were using the centers parking lot and again pointed out that the exercise studio had created the problem. Mr. Hawk then presented his request which asked that the tenants on the upper level be allowed to use the lower level for retail and the remaining area be used for storage only (see Exhibit E in the file). This would add approximately 2155 square feet of additional floor area and there would be no new tenants. There was a long discussion about parking and the mix of uses. Kenny Scott of the Zoning Office then addressed the Board about possible enforcement problems. November 18, 1985 Item No. 9 - Continued Mr. Hawk made some additonal comments about the various issues. Two tenants of the center, Tina Cosgrove and Dana Bennett, said that adding the additional space will not create any new problems and placing severe restrictions on the lower level would hurt the tenants. Kenny Scott spoke again and requested some clarification of the various issues. A motion was then presented to the Board which stated that the request be granted to permit the parking variance as shown in Exhibit E of the staff's report. Also included, is a single restaurant on the upper level with no expansion to the lower level and the space total no more than 1400 square feet with the primary use being at night or evening. The owner is to display signs showing the location of additional parking spaces in the rear in order to accommodate any overflow parking from the upper level with directions as to ingress and ,egress into the area. Finally, the owner is to display partitions showing retail space as depicted in Exhibit E of the staff's report versus the small business/storage space for enforcement purposes. The motion was approved by a vote of 6 ayes, 0 noes, 3 absent. _r rr i. h. Private School or Kindergarten or Institution for Special Education i. Retail Uses Not Listed (enclosed) 3. School, Commercial Trade or Craft D. HEIGHT REGULATIONS No building hereafter erected or structurally altered shall exceed a height at the required front, side or rear yard setback lines of forty-five (45) feet. E. AREA REGULATIONS 1. Yard Setbacks The required front, side and rear yard setbacks shall be a distance of not less than forty (40) feet from the property line to the respective face of any building. �. Site Area The minimum site area for this district shall be five (5) acres, except in those instances where a subdivision site plan and plat proposing peripheral lots and multiple ownership, is approved by the Planning Commission. The Planning Commission shall establish the size, orientation and access to multiple lot "CZ" development with special. eyriphasi-; oil 4nteL for circulation, curb cuts and siting of physical improvements. In addition, there shall be not less than 300 feet of district frontage on at least one abutting street, whether for single or multiple building/lot development. SECTION 7-103.3 "C-3" GENERAL COMMERCIAL DISTRICT A. PURPOSE AND INTENT The "C-3" General Commercial District shall be applied to the broad range of retail uses which comprise the commercial function of the City of Little Rock including groupings of freestanding commercial structures. Permitted uses include most types of retail activity except those involving open displays of merchandise and those which generate large volumes of vehicular traffic or are otherwise incompatible with the purpose and intent of the "C--3" General Commercial District. Retail areas zoned "C-3" General Commercial shall be generally concentrated as to geographical configuration. It is anticipated, however, that in some situations, change to another commercial or office classifiation may be appropriate to permit the transition of strip retail areas 93 to other productive forms of land use. It is the intent of these regulations that the "C-3" District be concentrated at the intersection of arterial streets. Extension of this district along major arterial streets in linear fashion shall be discouraged. Outdoor display of merchandise is allowed under carefully controlled conditions. 94 B. USE REGULATIONS 1. Permitt 'Uses a. Amusement, (commercial, inside) b. Animal Clinic (enclosed) C. Antique Shop d. Appliance Repair e. Auto Parts and Accessories f. Bakery or Confectionary Shop g. Bank or Savings and Loan Office h. Bar, Lounge or Tavern i. Barber and Beauty Shop j. Beverage Shop k. Book and Stationery Store 1. Cabinet and Woodwork Shop M. Camera Shop =i n. Car Wash o. Catering Service p. Church i q. Cigar, Tobacco and Candy Store r. Clinic (medical, dental or optical) S. Clothing Store !i t. College Dormitory E' U. College Fraternity or Sorority V. College, University or Seminary ,. W. Community Welfare or Health Center X. Convent or Monastery •: Y. Custom Sewing and Millinery Z. Day Nursery or Day -Care Center aa. Drug Store or Pharmacy bb. Duplication Shop i.: c . Eating Place-=witno_-I=-, Servic? dd. Establishment for the Care of Alcoholic, 'I Narcotic or Psychiatric Patients !i ee. Establishment of a Religious, Charitable or s Philanthropic Organization ff. Feed Store gg. Florist Shop hh. Food Store E ii. Furniture Repair Store jj. Furniture Store kk. Handcraft Ceramic Sculpture or Similar Art Work 11. Hardware or Sporting Goods Store 94 mm. Health Studio or Spa nn. Hobby Shop oo. Hospital pp, Hotel or Motel Plant qq. Industrial Cleaning rr. Jewelry Store her, Printing ss. Job Printing, Lithograp or Blueprinting tt. Key Shop uu. Laboratory rStation VV. LaundromaArtGalleryf, Museum or Similar Public Ww. Library, Use organization xx. Lodge or Fraternal org anizzand Sales Medical Appliance Fitting yy. ry or Funeral Home (general and professional) asa. Office (9 Mortua bbb. office Equipment. Sales and Service ecc. Optical Shop Store ddd. paint and Wallpaper eee. Parking, Commercial Lot or Garage fff. Pawn Shop ggg. Pet Shop studio hhh. Photography StuAir-conditioning iii. and Plumbing, Electrical, Shops Heating Kindergarten or Institution jjj. private School, for Special Education D or Bar kkk. private Club witLitedne(enclosed)Service Retail Uses No mmm. School (business) ommercial, trade or craft) nnn. School (cublic or denominational) 000. School (P used furniture or rummage ppp. Secondhand Store shop) qqq, Shoe Repairs eech or similar rrr. Studio (art, drama, P skills) and recording) sss. Studio (broadcadance or ceramics) ttt. Studio (music, uuu. Tailor vvv. Taxidermist www. Theatre(not Rentale(insida display xxx. Tool ad only) yyy. Travel Bureau zzz. Upholstery Shop 2. Conditional Uses a. Amusement, Commercial (outside) AmusemMuffler Shop b. Auto Glass or 95 C. Building Material Sales (open) d. Bus Station and Terminal e. Eating Place with Drive -In Service f. Home Center g. Lumber Yard h. Mini -Warehouse i. Nursing home or Convalescent Home j. Office Warehouse k. Plant Nursery 1. Service Station M. Swimming Pool Sales and Supply n. Tool and Equipment Rental(with outside ; display) C. HEIGHT REGULATIONS No building hereafter erected or structurally altered shall exceed a height of thirty-five (35) feet: D. AREA REGULATIONS 1. Front Yard i There shall be a front yard having a depth of not f less than twenty-five (25) feet to the front line of the building. Where the two 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 use. Then there shall be a side yard on each side of a building having a width of not less than fifteen,(15) feet. On a corner lot, the side yard on the street side or exLerior side shall be equal to the front yard setback. 3. Rear Yard There shall be a rear yard having a depth of not less than twenty-five (25) feet. In the case of a corner lot, however, and when providing a twenty-five foot exterior side yard the rear yard may be reduced to not less than fifteen (15) feet. 4. Lot Area Regulations There shall be a minimum lot area of fourteen W. thousand (14,000) sq. ft. In addition, there shall be a lot width of not less than one hundred (100) feet. . SECTION 7-103.4 "C-4" OPEN DISPLAY DISTRICT A. PURPOSE AND INTENT The "C-4" - Open Display District is established in order to provide adequate locations for retail uses which servj the needs of the motoring public and are characterized by a high level of vehicular ingress and egress. Among these uses are automobile and other vehicular service establishments, transient sleeping accommodations, and eating and drinking establishments. The "C-4" District is also intended to provide a location for the limited amount of merchandise, equipment and material being offered for retail sale that, because of the type of material or transportation requirements, are suitable for display and storage outside the confines of an enclosed building. Such uses are not generally compatible with pedestrian oriented commercial districts and shopping centers since they tend to obstruct and interfere with, pedestrian movements. Appropriate locations for this district are along heavily traveled major traffic arterials. B. DEVELOPMENT CRITERIA Unless otherwise specifically provided in this section, the following development criteria shall apply to this district: 1. All yards unoccupied by buildings or merchandise or used as traffic ways shall be landscaped with grass and shrubs and maintained in an.orderly condition. 2. All of the lot used for the parking of vehicles, £vi the storagc and display of merchandise and all driveways used for vehicle ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use. 3. All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building. 4. No article or material stored or offered for sale in connection with the permitted or conditional uses listed herein shall be stored or displayed outside the confines of a building unless it is so 97 October 18, 1982 Item No. 3 - Z-3903 Owner: James Couch and Bo Hawk By: James Moses Address: SW corner, avanaugh and "L" Street Description: Lots 1 and 2, Block 51, Pulaski Heights Addition Zoned: "C-3" General Commercial Variance Requested: 1. Relief from Section 7-103.3D to permit a 17 -foot encroachment into both exterior yards. 2. Relief from Section 8-101 to reduce required parking by 14 spaces. Present Use of Property: Vacant Commercial Proposed Use of Property: New Retail Building STAFF RECOMMENDATION: The intentions of the developer are to remove the existing two buildings and to construct one new building which will contain 7,000 square feet of retail space on the upper floor and 5,000 square feet of storage space in the basement. The proposed structure as shown on the graphic is triangular shaped and will encroach at the extreme ends into the required setback by 17 feet. The open area in the front of the building will be used for parking. The ordinance requires parking to be provided for all 12,000 square feet but in this case only 7,000 feet will actually be shop area. Staff feels that a compromise parking requirement is in order. Staff recommends approval of the variances requested. October 18, 1982 Item No. 3 - Z-3903 A Owner: James Couch and Bo Hawk By: James Moses Address: SW; corner, �avanaugh and "L" Street i' Description: Lots 1 and Block 51, Pulaski Heights Addition Zoned: "C-3" General Commercial Variance Requested: 1. Relief from Section 7-103.3D to permit a 17 -foot encroachment into both exterior yards. 2. Relief from Section 5-101 to reduce required parking by 14 spaces. Present Use of Property: vacant Commercial Proposed Use of Property: New Retail Building STAFF RECOMMENDATION: The intentions of the developer are to remove the existing two buildings and to construct one new building which will contain 7,000 square feet of retail space on the upper floor and 5,000 square feet of storage space in the basement. The proposed structure as shown on the graphic is triangular shaped and will encroach at the extreme ends into the required setback by 17 feet. The open area in the front of the building will be used for parking. The ordinance requires parking to be provided for all 12,000 square feet but in this case only 7,000 feet will actually be shop area. Staff feels that a compromise parking requirement is in order. Staff recommends approval of the variances requested.