Loading...
HomeMy WebLinkAboutZ-6729 Staff AnalysisAugust 30, 1999 Item No.: 8 File No. Owner: Address: Description: Zoned: Variances Reauested: Z-6729 City of Little Rock 400 East Markham River Market GB 1. A variance from the awning appearance provisions of Section 36-357(a)(3) and (4) to permit an awning with less clearance above the sidewalk than nine feet and which projects more than five feet from the building fagade . 2. A variance from the sign appearance provisions of Section 36-353 (c) (2) a to permit a sign which exceeds the allowable area. 3. A variance from the sign location provisions of Section 36-353 (c) (1) a to permit a sign which extends above the overhang of the building. 4. A variance from the sign appearance provisions of Section 36-353 (a) (2) d to permit awning signage which exceeds six square feet. 5. An interpretation is also requested regarding the "Amy" flag which has been labeled by staff as an off -premise sign. August 30, 1999 Item No.: 8 (Cont.) Justification: The following justification is offered by the applicant for each issue outlined in the "variance requested" section above. 1. This refers to the patio tarp. There were no size/height requirements before approval was given to proceed. 2. This refers to the sign on the back of the building. The sign covers a hole where the old A/C window unit was removed. The brick used on the structure is no longer available. 3. This refers to the front "Arkansas Junction" sign which sits 4 inches above the eave. The purpose is to allow for visibility of the train display. If the sign were lowered, the train would be blocked from view. 4. This is referring to the size of lettering on the skirt of the patio tarp. No specifications or requirements were given before approval to proceed. 5. Four flags extend above the building, the U.S. flag, Arkansas flag, Razorback flag and "Arky" flag. The Arky flag promotes the "Arky Wear" merchandise available inside of Arkansas Junction. "Arky" also lends to the familiarity of our private label of wearable and nonwearable items and is not an off -premise sign. E August 30, 1999 Item No.: 8 (Cont.) Present Use of Property: Proposed Use of Proper : Staff Re ort: A. Public Works Issues: Retail sales Retail sales No issues related to these sign variances. B. Staff Analysis: Arkansas Junction, a retail store/gift shop, is located in the kiosk in front of the River Market building at 400 East Markham. The property is within the River Market District and is subject to the River Market Overlay Design Standards. After receiving what he thought was appropriate approval from the management of the River Market, the applicant made several modifications (primarily sign) to the building. The applicant was subsequently advised that those modifications violated the provisions of the Overlay Design Standards. An awning was constructed over a seating area on the east side of the building. The awning is in violation of the awning appearance provisions of Section 36-357(a)(3) and (4) in that it does not have a minimum clearance of 9 feet from the sidewalk and it projects more than 5 feet from the building fagade. A sign was placed on the north fagade of the building to cover a hole where the old A/C window unit was removed. the sign is larger than permitted by Section 36-353(c)(2)a which requires signs not to exceed one quarter of a square foot in area for each linear foot of building frontage, not exceeding 25 sq. ft. per sign. The primary identification sign mounted on the front of the building extends above the roof overhang which is prohibited by Section 36-353(c)(1)a. Lettering has been placed around the skirt of the large awning over the seating area. The lettering advertises products available in Arkansas Junction. The area of the 3 August 30, 1999 Item No.: 8 (Cont.) lettering exceeds 6 sq. ft., a violation of Section 36-353 (a) (2) d. The applicant has mounted 4 flags at the corners of the building; an Arkansas flag, a U.S. flag, a Razorback flag and an "Arky" flag. The applicant was told that the "Arky" flag constituted an off -premise sign. He states that it promotes "Arky Wear" merchandise available inside Arkansas Junction and is appealing staff's determination. On June 22, 1999, the River Market Design Review Committee (DRC) met to discuss the issues and to formulate recommendations to the Board of Adjustment. While all of the variances the applicant is requesting are the result of not applying for either building or sign permits, the DRC determined that the applicant was not solely responsible. The Parks Department (responsible for management of the River Market) approved all the improvements and gave the applicant permission to start construction. It appears that the Parks Department did not inform the applicant of any DRC requirement or of the need to obtain building and sign permits. The DRC voted to recommend approval of the following variances for a period of two years (the length of the applicant's lease) or until the signs/awnings are removed or need replaced, whichever occurs first: 1. Awning size and height requirements 2. Sign size requirements 3. Sign location requirements 4. Awning signage requirements These variances are described as items 1, 2, 3 and 4 under "variances requested on page 1 of this item. The DRC did not vote to recommend approval of the "Arky" flag (item 5 under "variances requested"). The applicant stated that the flag advertised a product available in his store and was not an off -premise sign. The DRC determined that the "advertisement" flag was not appropriate within the River Market District. Staff concurs with the recommendation of the DRC. In light of the misinformation provided to the applicant, it is appropriate to grant some relief on the signs/awnings. Two 4 August 30, 1999 Item No.: 8 (Cont.) years corresponds to the length of the applicant's lease and is an appropriate maximum time to allow the signs/awnings. The "Arky" flag, if it does advertise a product available for sale on site, does not meet any criteria established for signs in the River Market. Allowing product advertising on flags such as that proposed by the applicant is not conducive to the intent of the River Market District. The precedent established by such an action could lead to a proliferation of similar product advertising flags which would compromise the visual integrity of the district. C. Staff Recommendation Staff recommends approval of the variances identified as items 1, 2, 3 and 4 under "variances requested" for a period of two years (the length of the applicant's lease) or until the signs/awnings are removed or need replaced, whichever occurs first. Staff does not recommend approval of the request to have the "Arky" flag. BOARD OF ADJUSTMENT: (AUGUST 30, 1999) The applicant was present. There were no objectors present. Staff presented the item and outlined the various issues. Staff's recommendation was presented as noted in Section "C" above. Gary Langlais noted that there appeared to be only one issue of contention and asked the applicant, Mr. Lasker, if he would consider replacing the "Arky" flag with some other appropriate flag such as the Little Rock or UALR flag. Mr. Lasker agreed to do so and withdrew the variance request associated with the flag. A motion was made to approve the remaining 4 variances as recommended by staff. The motion was approved by a vote of 4 ayes, 0 noes and 1 absent. 5