HomeMy WebLinkAboutZ-4953-A Staff AnalysisAugust 31, 1998
No.. A
File No.
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
Staff Report:
A. Public Works Issues:
No issues
B. Staff Analysis:
Z -4953-A
The Mall, Inc.
300 S. University
Long Legal
C-3
A variance is requested from the
district restrictions of Section
36-298 to permit seasonal display
exceeding 120 days per year.
This large mall property can_
accommodate longer and more diverse
seasonal display than a typical,
small commercial development.
Retail Mall
Same with year-round seasonal
display tent
University Mall occupies the large C-3 zoned property
located at 300 S. University Avenue. A tent has been
erected on the front of the property, near University
Avenue. The tent has been used for the sales of plants and
other seasonal items. Section 36-298 of the Code, the
Commercial district general restrictions, states:
"Seasonal and temporary sales, outside, shall be
permitted a maximum of four (4) occasions per
year with a maximum of thirty (30) days per
event."
A permit is required for each thirty (30) day event. The
events may run consecutively. The Mall has already used its
allowable 120 days for seasonal sales. Tipton Hurst had
been selling plants from the tent. The Mall has now entered
into a lease agreement with Don Wood Nursery for continued
plant sales from the tent. The Mall also forecasts seasonal
August 31, 1998
Item No.: A (Cont.
sales through the remainder of the year; fall and Christmas.
Consequently, The Mall is requesting permission to have
year-round seasonal display and sales.
Staff is not supportive of the request to have year round
outside display and sales from the tent. The property is
zoned C-3 which is not an -Open Display Commercial District.
It has not been that many years ago that the seasonal
display regulations were studied by the Planning Commission
and City Board. The regulations were "loosened -up" to allow
open, seasonal display for 120 days per year. Staff feels
that 120 days (one-third of the year) is very reasonable for
tent sales.
Staff does offer as a suggestion that The Mall consider
constructing a permanent structure on the property which
could be used for such events as plant sales. A pavilion
type structure would serve the purpose and could eliminate
the need for extended outside seasonal/temporary sales
events.
C. Staff Recommendation:
Staff recommends denial of the application.
BOARD OF ADJUSTMENT:
(JULY 27, 1998)
The Staff reported to the Board that this item required deferral
to the August 31 meeting due to the failure of the applicant to
provide the proper notice to adjacent property owners. The Board
determined that this item should be placed on the Consent Agenda
for deferral. A motion was made to approve the Consent Deferral
Agenda. The motion passed by a vote of 5 ayes, 0 nays and
0 absent.
BOARD OF ADJUSTMENT:
(AUGUST 31, 1998)
Mike Williams, area mall manager for University and McCain Malls,
was present representing the application. There were no
objectors present. Staff presented the item and a recommendation
of denial.
Mr. Williams addressed the Board in support of his application.
He stated that North Little Rock, where McCain Mall is located,
allows greater flexibility in seasonal sales. Mr. Williams
stated that occupancy at University Mall had dropped to 74
percent. He stated that one technique to bring traffic to the
mall was to have temporary/seasonal tenants.
Joan Adcock, a member of the Little Rock Board of Directors,
spoke in support of the variance. Director Adcock stated, that
as a former business owner, she knows how difficult it is to
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August 31, 1998
Item No.: A (Cont.
attract customers and stay in business. She asked that the Board
consider granting a variance that would allow the mall to keep
the tent up through Christmas.
Kenny Scott, Supervisor of zoning Enforcement for the City,
addressed the Board. Mr. Scott noted that special event sales
are permitted 120 days per year. Mr. Scott stated that Christmas
tree sales are permitted on C-3 zoned properties, beyond the 120
days that might have been previously used under a special event
permit. He stated that he had observed plant materials and
merchandise outside of the confines of the tent and on the
parking lot of the mall. Mr. Scott noted that tenants of the
mall are not permitted to place their merchandise on the parking
lot.
Chairman Brooks called the question on the application, as filed.
The vote was 1 ayes, 4 noes and 0 absent.
After confirming with Deputy City Attorney Steve Giles, Dana
Carney of the Planning Staff suggested that the Board might wish
to consider acting on the proposal submitted by Director Adcock,
that the tent be permitted to remain through Christmas. Mr.
Carney noted that the applicant needed to request a vote on such
a proposal. Mr. Williams asked that the Board approve a variance
to allow the tent to remain through November 1998.
A motion was made to approve a variance allowing seasonal sales
through November 1998 subject to all merchandise being kept
within the confines of the tent. The motion was approved by a
vote of 5 ayes, 0 noes and 0 absent.
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