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HomeMy WebLinkAboutCover Letter1 N DEVELOPMENT April 14, 2023 Little Rock Board of Zoning Adjustment 723 W Markham Street Little Rock, AR 72201 Re: 322 Broadway Street — Application for Sign Variance Dear Sir or Madam, DD17 Broadway LLC, an Arkansas limited liability company ("DYNE"), hereby submits an application for a sign variance for the real property located at 322 Broadway Street in Little Rock, Arkansas (the "Property"). The Property consists of approximately 0.50 acres located at the northwest corner of Broadway Street and 4th Street. DYNE has leasehold interest in the Property, which is owned by Metropolitan Land Company, LLC, an Arkansas limited liability company. Plan for the Property and Request for Sign Variance DYNE, whose sibling company is the largest Tropical Smoothie Cafe franchisee in the nation and is headquartered in Little Rock, is constructing a Tropical Smoothie Cafe restaurant on the Property. The new cafe is a relocation of the former Broadway location situated inside the office building at the intersection of Broadway and 6th Street. The new cafe at the Property will fill the demand for an affordable and convenient healthy restaurant option in the downtown area with easier access for customers than the former location. DYNE hereby requests one sign variance from the literal provisions of the Little Rock City Code ("City Code") Section 36-342.1, which provides the regulations for the UU urban use district. Specifically, DYNE requests a variance from: a. City Code Section 36-342.1(c)(11), to permit a 12' high ground mounted monument sign Pursuant to City Code Section 36-69(b)(2), the Board of Zoning Adjustment has the power to hear requests for variances where strict enforcement of the zoning code would cause undue hardship due to circumstances unique to the individual property under consideration. Additionally, the Board may grant such variances only when such action would be in keeping with the spirit and intent of the zoning code. These criteria are discussed for each variance request herein. II. Undue Hardship — 301 Main Street, Suite 6 1 Little Rock, AR 72201 www.dynehg.com DEVELOPMENT Applicants for variances must show that strict enforcement of the zoning code would cause undue hardship due to circumstances unique to the property in question. a. Placement of 12' high ground mounted monument sign City Code Section 36-342.1(c)(11) states: "Ground -mounted signs are discouraged and may only be permitted as a variance as per division 2 of this chapter. Otherwise, permitted signs shall be as in Section 36-553, signs permitted in institutional and office zones, of this chapter." A freestanding sign is permitted in institutional and office zones. Therefore, a variance is required for DYNE to place a 12' high ground mounted monument sign on the Property. DYNE has been granted approval for a variance for a 6' high ground mounted monument sign; however, we are instead requesting a variance for a 12' high ground mounted monument sign on the Property. This would allow for better visibility considering the federal building across 4th Street has an approximate 4' retaining wall and berm diminishing our sign visibility. III. Spirit and intent of the zoning code Applicants must also show that the requested variance will be in keeping with the spirit and intent of the City Code. We believe that our proposed design will not negatively impact the area while still providing the restaurant maximum visibility. It is important to note, DYNE requested a variance for a freestanding 20' pylon sign and were denied but were advised by the Board of Adjustment to reapply for a taller ground mounted monument sign. IV. Conclusion I have enclosed with this letter the application for the variance discussed herein. DYNE's adjoining parcel and neighbor on the 300 block of Broadway Street, the Hatcher Agency, is supportive of our variance request. It is our joint intent as partners and neighbors to improve and beautify the 300 block of Broadway Street. Thank you in advance for your consideration of our application, and please let me know if you have any questions. Sincerely, Stuart McLendon Managing Director Enclosures 301 Main Street, Suite 6 1 Little Rock, AR 72201 www.dynehg.com