HomeMy WebLinkAboutZ-6120-L Staff AnalysisMARCH 28, 2005
ITEM NO.: A
File No.: Z -6120-L
Owner: Capitol Hill Limited Partnership
Address: Kanis Road at Cooper Orbit Road
Description: Northwest corner of Kanis Road and Cooper Orbit Road and South side
of Capitol Hill Blvd. At Old Cooper Orbit Road alignment.
Zoned: C-1 and R-2
Variance Requested: A variance is requested to allow off -premise directional signs.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Undeveloped
Proposed Use of Property: Off -Premise Signs
STAFF REPORT
A. Public Works Issues:
1. Signs should be located outside the public right-of-way.
B. Staff Analysis:
The property at 15501 Capitol Hill Blvd. Is zoned PDR and occupied by an
apartment complex (Capitol Hill Luxury Apartments) which is under
development, with Phase I nearing completion. As part of the apartment
development, the applicant is requesting approval of the placement of two (2)
off -premise directional signs. One sign is located at the northwest corner of
Cooper Orbit and Kanis Roads with the second sign located on the southwest
corner of Capitol Hill Blvd. and the old alignment of Cooper Orbit Road. Each
sign is 6 to 7 feet in height, with an area of approximately 16 square feet.
The City's Zoning Ordinance contains no provisions for allowing the type of off -
premise directional type signage as proposed. Therefore, the applicant is
requesting a variance to allow this type of signage.
MARCH 28, 2005
ITEM NO.: A (CON'T.
C
Staff is not supportive of the requested variance. Although there are some
nonconforming off -premise directional signs within the city's jurisdiction (The
Oasis Renewal Center, for example), staff feels that it would be detrimental to
allow additional signs of this type, and would very likely set a bad precedent for
future requests. Staff believes that one intent of the sign section of the Zoning
Ordinance is to prohibit visual clutter where commercial signage is concerned.
Staff believes that the type of off -premise sign as proposed creates visual
clutter along street frontages, especially at intersections. Staff feels that the
off -premise signs proposed will have an adverse visual impact on the general
area.
Staff Recommendation:
Staff recommends denial of the requested variance to allow off -premise signs.
BOARD OF ADJUSTMENT: (JANUARY 31, 2005)
Staff informed the Board that the applicant requested to defer the application to the
February 28, 2005 Agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred to the February 28, 2005
Agenda by a vote of 4 ayes, 0 nays and 1 absent.
BOARD OF ADJUSTMENT: (FEBRUARY 28, 2005)
Staff informed the Board that the applicant requested to defer the application to the
March 28, 2005 Agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred to the March 28, 2005
Agenda by a vote of 3 ayes, 0 nays and 2 absent.
BOARD OF ADJUSTMENT: (MARCH 28, 2005)
Staff informed the Board that the applicant requested this item be withdrawn. Staff
supported the withdrawal request.
The item was placed on the Consent Agenda and withdrawn by a vote of 4 ayes, 0
nays and 1 absent.
2
ANDREW V. FRANCIS
E-MA1L:AVFPA@SBCGL0BAL.NET
December 17, 2004
Mr. Monte Moore
ANDREW V. FRANCIS, P.A.
ATTORNEY AT LAW
2311 BiscAYNE,DRivE, SurrE 205
LITTLE ROCK, AR 72227
TELEPHONE (501) 954-7390
FACSIMILE (501) 954-7385
Zoning Administrator
City of Little Rock
Department of Planning and Development
723 West Markham St.
Little Rock, AR 72201
Via Hand Delivery
RE: Capitol Hill Apartments — Application for Zoning Variance (Signs)
Dear Monte:
Enclosed please find the following regarding the above -referenced matter:
1. Application for Zoning Variance (Signs) with attached Exhibit (Legal Description);
2. Affidavit of John W. DeHaven, Manager of Limine Trust, LLC, the General Partner of
Capitol Hill Limited Partnership authorizing G. Robert Hardin of Hardin & Grace, P.A.
to represent the property owner in this application; and
3. My firm's check in the amount of $50 as the filing fee for this application.
Per our discussion, I will provide you with the three (3) copies of a survey of the locations for the
off -premises signs and graphic information showing the size, height and area of the signs as soon
as I receive the same from our engineer. Also, prior to the hearing in this matter I will provide
you with either a letter or a lease from the property owners where the two signs are located
authorizing the location of the signs on their property. In the meantime, I have enclosed for your
reference two drawings showing the approximate location of the signs.
Both of the signs in question are off -premises directional signs installed to help direct traffic to
Capitol Hill Apartments. The first sign is approximately 32 square feet in area and is located on
the southwest corner of the intersections of Kanis Road and Cooper Orbit Road. The second sign
is approximately 40 square feet and is located in the northeast portion of Tract D of Capitol
Lakes Estates, approximately 20 feet south of the southern curb of Capitol Hill Boulevard.
Due to the topography of the area and the on-going construction activities in Capitol Lakes
Estates, the owner feels it is would be a hardship to disallow the maintenance of these two off -
premises signs.. Phase 1-B of Capitol Lakes Estates, directly across Capitol Hill Boulevard from
Capitol Hill Apartments, is currently seeing a great deal of construction activity. Furthermore, it
is expected that Governor's Manor PRD, also on Capitol Hill Boulevard and further to the east of
Capitol Hill Apartments will begin construction soon after approval of its pending plat. The