HomeMy WebLinkAboutZ-6347 Staff AnalysisAugust 25, 1997
Item No.: 1
File No.: z-6347
Owner. K -Mart
Address: 10901 N. Rodney Parham
Description; Lot 1, Kresge-Chowning Subdivision
zoned: C-3
variance Requested: A variance is requested from the
general district restrictions of
Section 36-298(4) to allow year
around outside display in an area
exceeding one half of the facade
area of the front of the building.
Justification; Applicant's Statement: We have,
over the last 23 years used our
parking lot for our Garden Shop
area because of space limitations
in our building. Taking into
consideration our space
limitations, our Vendors only
deliver in Truck Load quantities
for Bagged Goods and Concrete. We
begin to receive merchandise in
late January for set up and sell
this merchandise through October.
The convenience of our location has
built a very strong business base
for this merchandise and using the
lot for display space has enabled
us to provide the goods our
customers need.
We also grant the West Little Rock
Optimist permission to use the lot
for Christmas Tree sales from the
end of November through December.
This is free gratis to the
community to help support our Youth
Programs in the city. We are also
active with several other
organizations with which we allow
to use our lot for fund raising
activities (ex. Car Washes), for
their groups.
August 25, 1997
Item No.: 1 (Cont.)
We feel that the limitation of four
months of usage would harm our
business in our Garden Center, as
we would not be able to satisfy our
customers during the selling
season. We would also not be able
to spread good will and help the
youth through the Optimist Tree
sales. Our Garden displays are
limited to an area adjacent to our
Garden Center and are non-
obstructive to our main parking lot
or area. We also use our front
walk for our Bedding Plants, Riding
Mowers, Bikes, and Swing Sets.
Present Use
of
Pro
ert
K -Mart
Store
Proposed Use
of
Pro
pert
K -Mart
Store
Staff Report•
A. Public Works Comments:
Rodney Parham is listed on the Master Street Plan as a minor
arterial. A dedication of right-of-way will be required to
45 feet from the centerline.
B. Staff Analysis:
A K -Mart Store is located on the C-3 zoned property at 10901
N. Rodney Parham Road. For 23 years, the store has used a
portion of its front sidewalk and a parking lot on the west
side of the building for the display and sales of seasonal
merchandise. The store was recently advised that the use of
this area for outside sales exceeded code limitations on
time and square footage allowed.
Section 36-298(4) establishes the guidelines for seasonal
and temporary outside sales in the commercial districts and
reads as follows:
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. These events shall be permitted,
prior to initiation, by the staff of the city
department designated by the city manager.
These events may be permitted consecutively
or as desired by the owner or occupant.
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August 25, 1997
Item No.: 1 (Cont
Outside display of merchandise is allowed in
an area equal to one-half of the facade area
of the front of the building.
K -Mart is requesting a variance from this section to allow
year-round outside sales of seasonal merchandise ranging
from landscape and home improvement materials to Christmas
trees. The area on the west side of the building proposed
for continual outside display appears to be 16,000-17,000
square feet, perhaps twice the area of the facade of the
front of the building.
Although it appears K -Mart's use of this area for outside
display has not had an adverse impact on other properties in
the past, staff is concerned about "legitimizing" this
ongoing violation. The property is zoned C-3, an enclosed
retail zoning district, not C-4, Open Display Commercial.
The outside display area can become unsightly and trashy and
in this case, may actually impede access around the building
by safety and security personnel.
Staff has had occasion to deal with several similar
situations during the past 6 months and has chosen to
recommend that the stores follow the guidelines established
in Section 36-298(4). There are more appropriate zonings
and locations for open display businesses such as lawn and
garden centers, lumberyards and home centers. As such,
staff cannot support the requested variance.
In lieu of having outside display and sales in the parking
lot, it would perhaps be in K -Mart's best interest to
consider expanding the garden center portion of the store
building itself.
C. Staff Recommendation:
Staff recommends denial of the requested variance. Staff
recommends that the store follow the guidelines established
in Section 36-298(4) for seasonal and temporary outside
sales.
BOARD OF ADJUSTMENT:
(AUGUST 25, 1997)
Steve Colebank was present representing K -Mart. There were no
objectors present. Staff presented the item and a recommendation
of denial.
Mr. Colebank addressed the Board in support of the variance
request. He presented photographs of the area in question and
stated that K -Mart kept the area clean. Mr. Colebank stated that
K -Mart had used this area for outside display and sales for over
20 years and it had never been questioned until this year. Mr.
Colebank concluded by stating that the area was screened somewhat
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August 25, 1997
Item No.: 1 (Cont.
by a wall and that the outdoor sales did not create traffic
problems.
In response to a question from Chairman Alderfer, Mr. Colebank
stated that K -Mart did not want to enlarge the size of the garden
center at this store. Mr. Colebank also noted that vehicles can
drive through the display area so there is access for safety and
security persons.
The question was called and a vote taken on the request as filed
by the applicant. The vote was 7 ayes, 1 noe and 1 absent
approving the variance request.
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