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HomeMy WebLinkAboutZ-8889 Applicationt:ylm r PID R2 11 ®p ®o m9 FTHIS 12 12 12 �® t f � 5IBLEY-tiDtE RD R2 p ••- p p ®11P CUP ® ° ON �ry 12 C pp °d f7 It It a [] R. c�4�E?QrL/V 4 too via e- C C 0 f3 0 ME 12 STON1CT o UP C p" tA C3 4 oovovovom- d. - - - oaop ve-4 C3 1 RICHSMITKDR qu 0 RICHSMITH-1— — Area Zoning mm-lm�q� Case: Z-8889 N Location: 10510 1-30, Billboard Off Premise Ward: 7 PD- 15 0 175350 700 Feet CT: 41.03 TRS: T1 S R13W3 Vendor` 800 -00 NtYe Rock Departtmen o Planning Date Description Invoice # 09/03/13 Filing fee for appeal of administrative action - 4013,15399 Check Date Check # Gross Amt 09/03/13 65179 50.00 Amount Disc 50.00 Disc Amt Net Amt 0.00 50.00 City of Little Rock Planning and Development Filing Fees Date j / , 20_a 065179 Net Amt Annexation $ Board of Adjustment $ Cond Use Permit/T UP $ Final Plat $ Planned Unit Dev $ Preliminary Plat $ Special Use Permit <' •¢��l� Rezoning $ Site Plans CITY OF I,- ° _ $ - Sti eet Name Change $ Street Name Signs Number at ea $ Public Hearing Signs Number at ea $ Total $C�;: File No Location ifp ' Ca Applicant r' `-` �.•r,� -r By 4 f 50.00 Dana Carney Little Rock Board of Zoning Adjustment August 30, 2013 Page 3 circumstances unique to the individual property under consideration, and grant such variance only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this chapter." See Little Rock Code of Ordinance § 36-69(b)(2)(b). Here, Lamar's application meets the strict requirements to alter or move signs. Furthermore, Lamar's application is within the spirit and intent of the Sign Ordinance and denial of its Application will result in a hardship due to the unique factual situation. The denial of Lamar's Application by the Planning Department should be reversed. Lamar's Application complies with all requirements of the Sign Ordinance and other applicable provisions of the Little Rock Municipal Code. The Board of Adjustment should grant Lamar's application conditioned on the removal of its referenced two signs and a confirmation inspection by the City of Little Rock. We appreciate the Board's attention to this matter and request that this appeal be heard and any necessary hearing be set at the next and earliest available opportunity or meeting. Respectfully, QUATTLEBAUM, GROOMS, TULL & BURROW PLLC Michael N. Shannon MNS/lad Enclosures cc w/ encls.: City Attorney Tom Carpenter, Esq. (via e-mail) August 20, 2013 City of Little Rock Department of Planning and Development Care of Kenny Scott 723 West Markham Street Little Rock, Arkansas, 72201 Re :10510 Interstate 30 Mr. Scott, Please find enclosed our application for a sign permit located at 10510 with Russell Atkinson: I have enclosed an application, drawing, zoning map and a permission statement from Mr. Atkinson. In this case, as the drawing depicts, we are making application for this site, location, 10510 Interstate 30, contingent upon the removal of the sign structures associated with permits 17719 and 20061. Please note the owner of record for both permits, 17719 and 20D611s Lamar Outdoor Advertising. Permit 17719 is listed as 10600 Interstate 30, W L Huffstutlar, permit 20061 is listed as 10400 interstate 30, H D Bowling. With the removal of the two permits mentioned, this would allow for the proper spacing between signs and make a legal conforming site at 10510 Interstate 30. Please be advised that in no manner would permits 17719 and 20061 be considered voided until the structure Is physically removed. Likewise, Lamar will also warrant, certify that no new construction would be allowed to take place with permlt Issued at 10510 Interstate 30 until the other two are removed completely and notice given to the City of Little Rock for inspection. After receiving your permit with Information attached, we will insert it in with our application to the Arkansas Highway Department. Please review and advise as to what you do need from Lamar, if additional, to have such approved and we would like to pick up as soon as possible for construction. I can be reached at 501-562-2476. Thank you as always for your cooperation and attention to the application. Thank you, Greocriner Real Estate Manager EXHIBIT CITY OF LITTLE ROCK planning and Development 723 W. Markham, Little Rock, AR 72201 (501) 371-4844 SION PrRIMIT APPLICATION Date 8 40•• 13 licants Nametrrwr_s�vrtb�++e Address lnrt'& Permit No.. Permit Fee PEvMrty owner or A end Business Address of Proposed Type of wording on sign sign Dimensions — 19:z Sign Height _ TT Vehicular Clearance of Sign Pedestrian Clearance of setback of sign from Property Line�t Linear Street frontage of Property r.ln Linear Building frontage ^A Zoning Classification of Property^ 3 -r___,,.._—------------------------------- —__-.,»______-.------..---------_- ______w_______ I a f-do hereby certify that all information contained on this applicvion is t and correct, and hereby agree that if this permit is issued all requiremen of the City of Little Rock Building, Electrical, Traffic,, and sign wades will be ccmplied with I further certify that this proposed work is authorized by the Omer in fee, and that I am authorized to make this Application. �1����� j ?' i f, �-;�• Cnn�in•n�'0z��O�or' 1tir��r+►� "`-*-`i_--_rwr Owner or Agent, i i �yi► �� {4 3� l Address - - - - I e4550rj'A'. A• —�_Q _ �bG Telephone No. • 0-4-Tb Zoning & Sign Inspector it The AZap Title Data Current as of 10/1112011 !( CLY[lQPi4f!!i Zoning Information Is representational only and is not intended to meet legal standards, use at your own risk Printed: Aug 20, 2013 O l O Q a-� T5 14- ,A,o '7 ,p Yj PROPERTY OWNER PERMISSION STATEMENT To the Arkansas State Highway and Transportation Department: HAS MY PE11Mi8 SION TO (Sign Owwnerner) ERECT AND/OR MAINTAIN A SIGN ON MY PROPERTY ADJACENT TO fo51D � COUNTY NEAR '<.�: Q--�-��- (City or Town) Pro perty Owner (Please Print) F t � w C 6JnUA. tom, s-4p- 300 Property Owner Mailing Address 1—#ie, P�-.2 '740"7 City State Zip Code Signature ate NOTE: Must be signed and dated within 30 days of application date. A copy of a written lease agreement between the sign mvner and the property owner may be substituted for this stateinent if dated within 30 days of application date. On Thu, Aug 29, 2013 at 9:24 AM, Carney, Dana <DCarney.Olittlerock.orwrote: we met this morning and went over your proposal. The request to have a permit issued contingent upon the removal of the other sign structures has been denied. If, at some time, the site complies with the Ordinance standards for an off -premises sign site, a permit request may be filed. Dana From: Thomas Gibbens [mailto:tgibbens lamar.com] Sent: Wednesday, August 28, 2013 4:50 PM To: Carney, Dana Subject: Re: (10510) I-30 t am On Wed, Aug 28, 2013 at 4:49 PM, Carney, Dana <DCame littlerock.or > wrote: soon From: Thomas Gibbens [mailto:t l bbens@ lamar. com Sent: Wednesday, August 28, 2013 4:43 PM To: Carney, Dana Subject: Re: (10510) I-30 Yes, we received the alteration one one site at 12001 I-30. When do you plan to meet on the 10510 application.? On Wed, Aug 28, 2013 at 4:40 PM, Carney, Dana <DCarne littleroekorg> wrote: my understanding is that the alteration on the existing sign was to be approved. Tony and I have not met yet on the other proposal. From: Thomas Gibbens [mailto:tciibbens@lamar.com] Sent: Wednesday, August 28, 2013 3:59 PM To: Carney, Dana Subject: (10510) I-30 Dana, I was checking to see if our permit application was being processed we made last week.. Our Real Estate Manager, Greg Criner let me know Kenny had relayed that a decision was to be made soon? Thanks Tom EXHIBIT Et City of Little Rock Department of Planning and Development 723 West Markham Street little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Quattlebaum, Grooms, Tull & Burrow Michael N. Shannon 111 Center Street. Suite 1900 Little Rock AR 72201 Date:.lanuary 29, 2014 Dear Mr. Shannon: Re: Case No. Z-8889 Location: 10510 I-30 Issue: Administrative A Deal Planning Zoning and Subdivision This is to advise you that in connection with your application case no. Z-8889, the following action was taken by the Board of Adjustment at its meeting on January 27, _2014. (a) (b) (c) (d) (e) (f) (g) Approved the application as filed. Approved the application with conditions. Denied the application. Deferred the application to the _ Meeting. X Withdrew the application. See attached Board of Adjustment minute record for conditions. Other: If you have any questions, please call me at 371-4792. Sincerely, MoAk Moore, Zoning and Code Enforcement Administrator Department of Planning and Development MMbh Moore, Monte From: Dawson, Cindy Sent: Wednesday, October 16, 2013 10:07 AM To: Moore, Monte Cc: Carpenter, Tom; Mann, Bill Subject: RE: BOA Z8889 Monte, it is fine except it doesn't quite mention everything. I think you need to add that we reviewed it and agreed with staff that City ordinances do not provide for contingent billboard permits. Also, just because a company relinquishes nearby permits, they don't automatically get a sign permit somewhere else. They will have to make a complete application and meet all other requirements (payment of the fee, primarily). Our advice was not just for Lamar but for billboard applications in general when this situation of spacing of billboards presents itself. I suggest that your last paragraph read as follows: Since August 29, 2013, the City Attorney's office reviewed the issue and agreed that the City ordinances do not provide for contingent billboard permits. It also determined that under the circumstances, Lamar Advertising would need to relinquish its off -premise billboard permits at 10400 and 10600 Interstate 30 before a sign permit could be issued, upon proper application, for a billboard that otherwise would not meet spacing requirements. Relinquishing the permits would mean that the two (2) billboard signs would no longer be legal signs, there being no right to have them in those locations, and therefore they would have to be removed immediately. The applicant was made aware of that determination. Cindy From: Moore, Monte Sent: Wednesday, October 16, 2013 9:10 AM To: Dawson, Cindy Subject: FW: BOA Z8889 Cindy, Please review and let me know if it looks ok. Thanks, Monte From: Lampkin, Janet M. Sent: Wednesday, October 16, 2013 9:07 AM To: Moore, Monte Subject: BOA Z8889 « File: BOA020001.pdf >> ta City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Quattlebaum. Grooms, Tull & Burrow Michael N. Shannon 111 Center Street, Ste. 1900 Little Rock. AR 72201 Date: October 30, 2013 Dear Mr. Shannon: Re: Case No. Z-8889 Location: 10510 I-30 Issue: _Administrative Appeal Planning Zoning and Subdivision This is to advise you that in connection with your application case no. Z-8889, the following action was taken by the Board of Adjustment at its meeting on October 28, 2013. (a) Approved the application as filed. (b) Approved the application with conditions. (c) Denied the application. (d) X Deferred the application to the November 25, 2013 Meeting. (2:00 p.m.) (e) Withdrew the application. M See attached Board of Adjustment minute record for conditions. (g) Other: If you have any questions, please call me at 371-4792. Sincerely, Monte Moore, Zoning and Code Enforcement Administrator Department of Planning and Development MM/vh Et City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Quattlebaum, Grooms. Tull & Burrow Michael N. Shannon I I I Center Street. Ste. 1900 Little Rock, AR 72201 Date: November 27, 2013 Dear Mr. Shannon: Re: Case No. Z-8889 Location: 10.510 I-30 Issue: Administrative Aypeal Planning Zoning and Subdivision This is to advise you that in connection with your application case no. Z-8889, the following action was taken by the Board of Adjustment at its meeting on November 25, 2013 (a) Approved the application as filed. (b) Approved the application with conditions. (c) Denied the application. (d) X Deferred the application to the January 27, 2014 Meeting. (2:00 p.m.) (e) Withdrew the application. (f) See attached Board of Adjustment minute record for conditions. (g) Other: If you have any questions, please call me at 371-4792. Sincerely, Monte Moorb, Zoning and Code Enforcement Administrator Department of Planning and Development adact.doc 2 APPLICATION FOR ACTION ON ADMINISTRATIVE APPEALS OR INTERPRETATIVE REQUESTS Board of Adjustment Meeting Date Docket For: October 28, 2013 a 2:00 P.M. Application is hereby made to the Little Rock Board of Adjustment pursuant of Act 186 of 1957, Acts of Arkansas, as amended, and Chapter 36 of Little Rock, Arkansas Rev. Code (1988), as amended, requesting review of administrative action or interpretation on the following described issue; Address: 10610 Interstate 30, Billboard Off Premise Title to the property is vested in: Name: Rusell AtkinsonAA-I,;, c u n Address: 8114 Cantrell Road, Suite 300 Telephone: Subject property is zoned: C-3 Administrative Action or Interpretation At Issue: Denial of Sign Permit Application --See Appeal Letter Enclosed If property is involved answer the following: Present Use of Property: Undeveloped, Commerical Proposed Use of Property; Billboard Off Premises It is hereby agreed that the required filing fee will be paid immediately after filing and acceptance of this application. } Applicant (owner or authorized agent): Name: Lamar Advertising by Michael Shannon, Esq. Address: 111 Center Street, Suite 1900 Telephone: (Business) 501-379-1716 (Home) Board of Adjustment Decision or Ruling: /Q 6/0! I z7 I 1 V- 5' tur ar ecretary or Authorized Agent: Filing fee; L� , �Cajleator',� Stall Here] AFFIDAVIT Russell Atkinsonl,4+N :�scn �N ,a;�, Lam- 11 � ' certify by my signature below that I hereby authorize Lamar Advertising and its agents to act as my agent regarding the Sin Permit Application _— of the below desrribed property. property described as: 10510 Interstate 30 Signature of Title Molder Date Subs cri ed d sw m to me, z Notary Public on this (a _ _ day of , Ivry Cor p��: NOTARY Pusuc-AHKANW My 4 2022 Comff"on No.129Mja f• Y� J � Notary Pubiia El Moore, Monte From: Michael N. Shannon <mshannon@ggtb.com> Sent: Monday, January 27, 2014 9:14 AM To: Moore, Monte Subject: File No. Z8889 Monte, as we discussed, Lamar is choosing not to go forward with the appeal in the above -referenced file number. You may take it off today's agenda. Michael N. Shannon mshannon@ggtb.com I vcard 501.379.1716 1 Fax: 501.379.3816 Fe Fe Cabe I Paralegal fcabe@ggtb.com I vcard 501.379.1761 1 Fax: 501.379.3861 111 Center Street, Suite 1900 Little Rock, Arkansas 72201 Map I www.QGTB.com This e-mail message and any attachments contain confidential information that may be legally privileged. Clients are warned that e-mail communications with the firm that are sent from or received on a system or e-mail account to which others have access creates a significant risk that unauthorized third parties might gain access to them. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please immediately notify us by return e-mail or by telephone at 501-379-1700 and delete this e-mail. Please note that if this e-mail contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by Quattlebaum, Grooms, Tull & Burrow PLLC. Receipt of e-mail does not establish an attorney -client relationship. Moore, Monte From: Michael N. Shannon <mshannon@ggtb.com> Sent: Monday, January 27, 2014 9:14 AM To: Moore, Monte Subject: File No. Z8889 Monte, as we discussed, Lamar is choosing not to go forward with the appeal in the above -referenced file number. You may take it off today's agenda. Michael N. Shannon mshannon@qgtb.com I vcard 501.379A716 1 Fax: 501.379.3816 Fe Fe Cabe I Paralegal fcabe@ggtb.com I vcard 501.379.1761 1 Fax: 501.379.3861 111 Center Street, Suite 1900 Little Rock, Arkansas 72201 Map I www.QGTB.com This e-mail message and any attachments contain confidential information that may be legally privileged. Clients are warned that e-mail communications with the firm that are sent from or received on a system or e-mail account to which others have access creates a significant risk that unauthorized third parties might gain access to them. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please immediately notify us by return e-mail or by telephone at 501-379-1700 and delete this e-mail. Please note that f this e-mail contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by Quattlebaum, Grooms, Tull & Burrow PLLC. Receipt of e-mail does not establish an attorney -client relationship_ Page 1 of 1 Moore, Monte From: Michael N. Shannon [mshannon@ggtb.com] Sent: Monday, November 25, 2013 8:35 AM To: Moore, Monte Subject: Lamar Advertising - BZA appeal - File No. Z-8889 Monte, as we discussed, Lamar would like to defer this matter to the January 27th BZA meeting. We need more time to evaluate the situation at the site that this proposed permit concerns. It is our hope that the appeal will be unnecessary, but my client is not yet in a position to make that call. Also, we have conflicts with the meeting on the 16th and with the holidays, I'm not sure we'll be able to resolve the issues that need to be resolved before then anyway. Thanks in advance for considering this request. Michael N. Shannon }E Right -click here to download mshannon@ggtb.com I vcard pictures. To help protect your 501.379,1716 1 Fax: 501.379.3816 privacy, Outlook prevented automatic download of this picture from the Internet. Fe Fe Cabe I Paralegal http://www.ggtb.com/images/Q fcabe@ggtb.com I vcard 501.379.1761 1 Fax: 501.379.3861 111 Center Street, Suite 1900 Little Rock, Arkansas 72201 Map I www.QGTB,com This e-mail message and any attachments contain confidential information that may be legally privileged. Clients are warned that e-mail communications with the firm that are sent from or received on a system or e-mail account to which others have access creates a significant risk that unauthorized third parties might gain access to them. If you are not the intended recipient, you must not review, retransmit, convert to hard COPY, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please immediately notify us by return e-mail or by telephone at 501-379-1700 and delete this e-mail. Please note that if this e-mail contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by Quattlebaum, Grooms, Tull & Burrow PLLC. Receipt of e-mail does not establish an attorney -client relationship, 11/25/2013 Quattlebaum, Grooms, Tull & Burrow-- A PROFESSIONAL LIMITED LIABILITY COMPANY 111 Center Street 7 Suite 1900 Little Rock, Arkansas 72201 (501) 379-1700 • (501) 379-1701 —Fax Michael N. Shannon Direct Dial mshannon@qgtb.com 501-379-1716 Licensed in Arkansas, Missouri and Kansas Direct Fax 501-379-3816 August 30, 2013 Via Hand Delivery and Electronic Mail Little Rock Board of Zoning Adjustment C/O Dana Carney Planning and Development Department 723 West Markham Street Little Rock, AR 72201 dcamey@littlerock.org Dear Board Members: On August 20, 2013, Lamar Advertising submitted a Sign Permit Application ("Application"). A copy of the Sign Permit Application is enclosed as Exhibit 1. In the Application, Lamar provided that it understood the permit to be contingent upon removal of two nearby sign structures that Lamar owns. In short, Lamar proposed to replace 2 structures (Permit Numbers 20061 and 17719) with a single new structure. Lamar provided further that no new construction would take place under the permit until the two existing signs were removed and notice was provided to the City of Little Rock for inspection. On August 29, 2013, the City Planning and Development Department denied Lamar's Application (the "Denial"). An e-mail form Dana Carney to Thomas Gibbens is attached as Exhibit 2. In the Denial, the Planning and Development Department Provided "[t]he request to have a permit issued contingent upon the removal of the other sign structures has been denied. If, at some time, the site complies with the Ordinance standards for an off -premises sign site, a permit request may be filed." The Denial does not provide any specific reasons for why the site did not comply with the Ordinance standards for an off -premises sign. Lamar understands that the only reason the site does not comply is because of spacing with the existing two signs Lamar owns and agreed to remove upon issuance of the permit. Lamar hereby appeals the denial of its Application to the Board of Zoning Adjustment as provided in Little Rock Code of Ordinance § 36-538. Lamar requests that the Board of Zoning Adjustment issue to Lamar a permit for the alteration and consolidation of two signs and construction of a single new sign. Dana Carney Little Rock Board of Zoning Adjustment August 30, 2013 Page 2 Under the Sign Ordinance, "Alteration means to replace, exchange, reconstruct, renovate, move, relocate, animate, enlarge or decrease in size." See Little Rock Code of Ordinance § 36- 530. In this case, Lamar owns the two signs that it proposes removing. It follows that Lamar is not seeking to construct a "new" sign; rather, under the Sign Ordinance, Lamar merely seeks a permit for alteration of two existing signs. The proposed alteration of Lamar's own signs complies with all provisions of the Sign Ordinance and Little Rock City Code. The purpose of the Sign Ordinance is to "control and coordinate the type, placement and physical dimensions of signs within the various zoning classifications," to "promote both renovation and proper maintenance," and to "allow for special circumstances." See Little Rock Code of Ordinance § 36-532(a)(1), (3), and (4). The Ordinance is to be interpreted in "such a way as to carry out its stated purpose and intent." See Little Rock Code of Ordinance § 36-538. Variances from the Sign Ordinance are to be provided "where strict enforcement ... would cause undue hardship to the individual application under consideration ...." See Little Rock Code of Ordinance § 36-538. Although Lamar does not believe it is requesting a variance from the Sign Ordinance, to the extent it is considered a variance, strict enforcement of the Sign Ordinance will cause a hardship and denial of Lamar's Application will be a hardship on Lamar and controvert the spirit of the Sign Ordinance. The Purpose of the Sign Ordinance is to promote appropriate renovation of signs and Lamar's consolidation of two signs is an appropriate and conservative renovation. At best, the fact that Lamar seeks to consolidate two of its boards constitutes a "special circumstance." There would be no question of denial if Lamar proposed to merely move a single sign, and the fact that it proposes to consolidate two signs should not be held against Lamar. Indeed, the Sign Ordinance contemplates that a permit will be issued for sign movement: "A new off -premises sign permit shall be obtained in order to move a billboard from one (1) site to another site, provide the relocation conforms to all of the requirements of this chapter." See Little Rock Code of Ordinance § 36-556(f)(3). Lamar's request is consistent with the Sign Ordnance and should be granted. Failure to issue the permit in these circumstances could result in Lamar's complete loss of its sign permits. Specifically, it is possible that, during Lamar's alteration, the City could inadvertently issue another sign permit that would prevent Lamar from executing its alteration because of spacing requirements. The Sign Ordinance is equipped to address this situation, providing specifically that the "administrator may require in writing upon issuance of a permit that he be notified for inspection prior to the installation of certain signs." See Little Rock Code of Ordinance § 36-545(g). Here, conditioning the permit upon inspection and removal of the two signs Lamar proposes to consolidate is the appropriate action. Denial of the Application is improper. "The board of zoning adjustment may impose conditions in the granting of a variance to ensure compliance and to protect adjacent property." See Little Rock Code of Ordinance § 36- 69(a). "The board may hear requests for variances from the literal provisions of this chapter in instances where strict enforcement of this chapter would cause undue hardship due to Dana Carney Little Rock Board of Zoning Adjustment August 30, 2013 Page 3 circumstances unique to the individual property under consideration, and grant such variance only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this chapter." See Little Rock Code of Ordinance § 36-69(b)(2)(b). Here, Lamar's application meets the strict requirements to alter or move signs. Furthermore, Lamar's application is within the spirit and intent of the Sign Ordinance and denial of its Application will result in a hardship due to the unique factual situation. The denial of Lamar's Application by the Planning Department should be reversed. Lamar's Application complies with all requirements of the Sign Ordinance and other applicable provisions of the Little Rock Municipal Code. The Board of Adjustment should grant Lamar's application conditioned on the removal of its referenced two signs and a confirmation inspection by the City of Little Rock. We appreciate the Board's attention to this matter and request that this appeal be heard and any necessary hearing be set at the next and earliest available opportunity or meeting. Respectfully, QUATTLEBAUM, GROOMS, TULL & BURROW PLLC Michael N. Shannon MNS/lad Enclosures cc w/ encls.: City Attorney Tom Carpenter, Esq. (via e-mail) Quattlebaum, Grooms, Tull & Burrow 5 A PROFESSIONAL LIMITED LIABILITY COMPANY I I I Center Street b `� Suite 1900 f Little Rock, Arkansas 72201 (501) 379-1700 • (501) 379-170101—Fax Michael N. Shannon Direct Dial mshannon@ggtb.com 501-379-1716 Licensed in Arkansas, Missouri and Kansas Direct Fax 501-379-3816 August 30, 2013 Via Nand Delivery and Electronic Maid Little Rock Board of Zoning Adjustment C/O Dana Carney Planning and Development Department 723 West Markham Street Little Rock, AR 72201 dcamey@littlerock.org Dear Board Members: On August 20, 2013, Lamar Advertising submitted a Sign Permit Application ("Application"). A copy of the Sign Permit Application is enclosed as Exhibit 1. In the Application, Lamar provided that it understood the permit to be contingent upon removal of two nearby sign structures that Lamar owns. In short, Lamar proposed to replace 2 structures (Permit Numbers 20061 and 17719) with a single new structure. Lamar provided further that no new construction would take place under the permit until the two existing signs were removed and notice was provided to the City of Little Rock for inspection. On August 29, 2013, the City Planning and Development Department denied Lamar's Application (the "Denial"). An e-mail form Dana Carney to Thomas Gibbens is attached as Exhibit 2. In the Denial, the Planning and Development Department Provided "[t]he request to have a permit issued contingent upon the removal of the other sign structures has been denied. If, at some time, the site complies with the Ordinance standards for an off -premises sign site, a permit request may be filed." The Denial does not provide any specific reasons for why the site did not comply with the Ordinance standards for an off -premises sign. Lamar understands that the only reason the site does not comply is because of spacing with the existing two signs Lamar owns and agreed to remove upon issuance of the permit. Lamar hereby appeals the denial of its Application to the Board of Zoning Adjustment as provided in Little Rock Code of Ordinance § 36-538. Lamar requests that the Board of Zoning Adjustment issue to Lamar a permit for the alteration and consolidation of two signs and construction of a single new sign. Dana Carney Little Rock Board of Zoning Adjustment August 30, 2013 Page 2 Under the Sign Ordinance, "Alteration means to replace, exchange, reconstruct, renovate, move, relocate, animate, enlarge or decrease in size." See Little Rock Code of Ordinance § 36- 530. In this case, Lamar owns the two signs that it proposes removing. It follows that Lamar is not seeking to construct a "new" sign; rather, under the Sign Ordinance, Lamar merely seeks a permit for alteration of two existing signs. The proposed alteration of Lamar's own signs complies with all provisions of the Sign Ordinance and Little Rock City Code. The purpose of the Sign Ordinance is to "control and coordinate the type, placement and physical dimensions of signs within the various zoning classifications," to "promote both renovation and proper maintenance," and to "allow for special circumstances." See Little Rock Code of Ordinance § 36-532(a)(1), (3), and (4). The Ordinance is to be interpreted in "such a way as to carry out its stated purpose and intent." See Little Rock Code of Ordinance § 36-538. Variances from the Sign Ordinance are to be provided "where strict enforcement ... would cause undue hardship to the individual application under consideration ...." See Little Rock Code of Ordinance § 36-538. Although Lamar does not believe it is requesting a variance from the Sign Ordinance, to the extent it is considered a variance, strict enforcement of the Sign Ordinance will cause a hardship and denial of Lamar's Application will be a hardship on Lamar and controvert the spirit of the Sign Ordinance. The Purpose of the Sign Ordinance is to promote appropriate renovation of signs and Lamar's consolidation of two signs is an appropriate and conservative renovation. At best, the fact that Lamar seeks to consolidate two of its boards constitutes a "special circumstance." There would be no question of denial if Lamar proposed to merely move a single sign, and the fact that it proposes to consolidate two signs should not be held against Lamar. Indeed, the Sign Ordinance contemplates that a permit will be issued for sign movement: "A new off -premises sign permit shall be obtained in order to move a billboard from one (1) site to another site, provide the relocation conforms to all of the requirements of this chapter." See Little Rock Code of Ordinance § 36-556(f)(3). Lamar's request is consistent with the Sign Ordnance and should be granted. Failure to issue the permit in these circumstances could result in Lamar's complete loss of its sign permits. Specifically, it is possible that, during Lamar's alteration, the City could inadvertently issue another sign permit that would prevent Lamar from executing its alteration because of spacing requirements. The Sign Ordinance is equipped to address this situation, providing specifically that the "administrator may require in writing upon issuance of a permit that he be notified for inspection prior to the installation of certain signs." See Little Rock Code of Ordinance § 36-545(g). Here, conditioning the permit upon inspection and removal of the two signs Lamar proposes to consolidate is the appropriate action. Denial of the Application is improper. "The board of zoning adjustment may impose conditions in the granting of a variance to ensure compliance and to protect adjacent property." See Little Rock Code of Ordinance § 36- 69(a). "The board may hear requests for variances from the literal provisions of this chapter in instances where strict enforcement of this chapter would cause undue hardship due to Dana Carney Little Rock Board of Zoning Adjustment August 30, 2013 Page 3 circumstances unique to the individual property under consideration, and grant such variance only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this chapter." See Little Rock Code of Ordinance § 36-69(b)(2)(b). Here, Lamar's application meets the strict requirements to alter or move signs. Furthermore, Lamar's application is within the spirit and intent of the Sign Ordinance and denial of its Application will result in a hardship due to the unique factual situation. The denial of Lamar's Application by the Planning Department should be reversed. Lamar's Application complies with all requirements of the Sign Ordinance and other applicable provisions of the Little Rock Municipal Code. The Board of Adjustment should grant Lamar's application conditioned on the removal of its referenced two signs and a confirmation inspection by the City of Little Rock. We appreciate the Board's attention to this matter and request that this appeal be heard and any necessary hearing be set at the next and earliest available opportunity or meeting. Respectfully, QUATTLEBAUM, GROOMS, TULL & BURROW PLLC Michael N. Shannon MNS/lad Enclosures cc w/ encls.: City Attorney Tom Carpenter, Esq. (via e-mail) August 20, 2013 City of Little Rock Department of Planning and Development Care of Kenny Scott 723 West Markham Street Little Rock, Arkansas, 72201 Re ; 10510 Interstate 30 Mr. Scott, Please find enclosed our application for a sign permit located at 10510 with Russell Atkinson. i have enclosed an appllcatlon, drawing, zoning map and a permission statement from Mr. Atkinson. In this case, as the drawing depicts, we are malting application for this site, location, 10510 Interstate 30, contingent upon the removal of the sign structures associated with permits 17719 and 20061. Please note the owner of record for both permits, 17719 and 20061 is Lamar Outdoor Advertising. Permit 17719 Is listed as 10600 Interstate 30, W L Huffstutlar, permit 20061 is listed as 10400 Interstate 30, H D Bowling. With the removal of the two permits mentioned, this would allow for the proper spacing between signs and make a legal conforming site at 10510 Interstate 30. Please be advised that in no manner would permits 17719 and 20061 be considered volded until the structure Is physically removed. Likewise, Lamar will also warrant, certify that no new construction would be allowed to take place with permit Issued at 10510 Interstate 30 until the other two are removed completely and notice given to the City of Little Rock for inspection. After receiving your permit with information attached, we will Insert it in with our application to the Arkansas Highway Department. Please review and advise as to what you do need from Lamar, if addltional, to have such approved and we would like to pick up as soon as possible for construction. I can be reached at 501-562-2476. Thank you as always for your cooperation and attention to the application. Thank you, Gre Criner Real Estate Manager EXHIBIT CITY OF LITTLE ROCK Planning and Development 723 W, Markham, Little Rock, AR 72201 (501) 371-4844 Date Is _'Po.. 13 licants Name Address n Permit No. Permit Fee Property Owner or Agent Addre+ss�51 Tie y,�l'tIti1L. ie1 No. Basiness At_,dress of Proposed Sign 1 n?;lo - ' Ark 40 Type of Sign .11 .t wording on 5iga Sign Dimensions_ Sign Height Vehicular Clearance of Sign Pedestrian Clearance of Sign JvA, Setback of sign from Property Line _al' T. Linear Street frontage of Property t! Linear Building frl?ntage "2 zoning Classification of Property" r,_�0�_ _-do hereby certify that all information contained on this applianion is t and correct, and hereby agree that if this permit is issued all requiremen of the City of Little Flack Building, Electrical, Traffic, and Sign Codes will be coapli.ed with I further certify that this proposed work is authorized by the owner in fee, and that I am authorized to make this Application. iAe I a�` r C�y��Orfeitl. �,vn. '.j bra �l 1} ! dayr11 4A r/J �J ire �. VT� •,r+r oiy s 4ir( lain % cr Owner or Agent r y l Ik o c� Address Telephone No. Zoning & -Sign Inspector The Map Title =Dv �s Data Current as of 10/11/2011 8 Zoning Information Is representational only and is not Intended to meal legal standards, use at your own risk. Printed: Aug 20, 2013 r V I 9� -r y'Yj P ®PI+ Rr-I Y OWNER PERMISSION STATEMENT To the Arkansas State highway and Transportation Department: , � (L i=\ 7Q� = :-- HAS MY PERAUSSION TO (Sign Owner) ERECT AND/OR VIALNTALN A. SIGN ON MY PROPERTY ADJACENT TO 1�5Vt7 IIIGHWA j i 05i �'��s��- —COUNTY NEAR :' 4 �L— J-,- (City or Town) Pro erty Owner (Please Print) l ILA cr,,\ LZVaO S"Jp, zC0 Property Owner Mailing Address L,#i- , �Coc_ ;-/411117 City State Zip Code Signature Dyate NOTE: Must be signed and dated within 30 days of application date. A copy of a written lease agreement between the sign owner and the property owner may be substituted for this statement if dated within 30 days of application date. On Thu, Aug 29, 2013 at 9:24 AM, Carney, Dana <DCarney {r,littlerock.org> wrote: we met this morning and went over your proposal. The request to have a permit issued contingent upon the removal of the other sign structures has been denied. If, at some time, the site complies with the Ordinance standards for an off -premises sign site, a permit request may be filed. Dana From: Thomas Gibbens [mailto:tgibbensCalamar. comI Sent: Wednesday, August 28, 2013 4:50 PM To: Carney, Dana Subject: Re: (10510) I-30 NO On Wed, Aug 28, 2013 at 4:49 PM, Carney, Dana <DCarney(@,,littlerock.org> wrote: soon From: Thomas Gibbens [mailto:tgibbens@iamar.com] Sent: Wednesday, August 28, 2013 4:43 PM To: Carney, Dana Subject: Re: (10510) I-30 Yes, we received the alteration one one site at 12001 I-30. When do you plan to meet on the 10510 application.? On Wed, Aug 28, 2013 at 4:40 PM, Carney, Dana <DCarne itttlerocl€.org> wrote: my understanding is that the alteration on the existing sign was to be approved. Tony and I have not met yet on the other proposal. From: Thomas Gibbens [mailto:t i bens lamar.com] Sent: Wednesday, August 28, 2013 3:59 PM To: Carney, Dana Subject: (10510) I-30 Dana, I was checking to see if our permit application was being processed we made last week.. Our Real Estate Manager, Greg Criner let me know Kenny. had relayed that a decision was to be made soon? Thanks Tom EXHIBIT 41 2-7 Page 1 of 1 Carney, Dana From: Carney, Dana Sent: Friday, August 30, 2013 3:03 PM To: 'Leigh A. Deininger' Cc: MINIS; Carpenter, Tom Subject: RE: Lamar Advertising Sign Permit Application I did receive the hard copy. I sent the appropriate appeal application to Mr. Gibbens of Lamar. Once we receive the completed application and the required $50.00 filing fee, the item will be placed on the Board of Adjustment's agenda. The next filing deadline for the BOA is Oct 1 for the Oct 28 meeting. Dana Carney, Zoning and Subdivision Manager City of Little Rock Department of Planning and Development 723 W. Markham St. Little Rock, AR 72201 From: Leigh A. Deininger [mailto:ldeininger@qgtb.com] Sent: Friday, August 30, 2013 3:02 PM To: Carney, Dana Cc: MNS; Carpenter, Tom Subject: Lamar Advertising Sign Permit Application Mr. Carney: Attached please find correspondence of today's date from Mike Shannon. Sincerely, Leigh Leigh Deininger I Legal Assistant Ieininger@qgtb.com I vcard 501.379.1718 1 Fax: 501.379.3818 C�C;T�'>........... 111 Center Street, Suite 1900 Little Rock, Arkansas 72201 Map I www.QGTB.com This e-mail message and any attachments contain confidential information that may be legally privileged. Clients are warned that a -mall communications with the firm that are sent from or received on a system or e-mail account to which others have access creates a significant risk Thal unauthorized third parties might gain access to them. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please immediately nolify us by return e-mail or by telephone at 501-379-1700 and delete this e-mail. Please note that if this e-mail contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by Quattlebaum, Grooms, Tull & Burrow PLLC. Receipt of e-mail does not establish an attorney -client relationship. 8/30/2013 Page 1 of 2 Carney, Dana From: Carney, Dana Sent: Friday, August 30, 2013 3:54 PM To: 'Michael N. Shannon' Cc: Carpenter, Tom; Bozynski, Tony Subject: RE: Lamar Advertising Sign Permit Application I will have it out for you. In the meantime, I have asked Tom Carpenter to look at the issue to help us determine if it should be handled as an appeal or as a variance. From: Michael N. Shannon [mailto:mshannon@ggtb.com] Sent: Friday, August 30, 2013 3:44 PM To: Carney, Dana Cc: LAD Subject: Re: Lamar Advertising Sign Permit Application We will have someone pick it up on Tuesday morning. Thanks. Mike Shannon 501-379-1716 3nslianiionn.a getb.com On Aug 30, 2013, at 3:35 PM, "Carney, Dana" <DCarnewCwlittlerock.om> wrote: don't have it electronic. I can put it out for Tuesday's mail or you can have someone come pick it up, whichever you want. From: Michael N. Shannon fmallto:mshannon@nn.tb,Com] Sent: Friday, August 30, 2013 3:34 PM To: Carney, Dana Cc: Leigh A. Deininger; Carpenter, Tom Subject: Re: Lamar Advertising Sign Permit Application Dana, can you send that to me? Mike Shannon 501-379-1716 Enshannon &tb.com On Aug 30, 2013, at 3:31 PM, "Carney, Dana" <DCarna@1ittlerock.org> wrote: I did receive the hard copy. I sent the appropriate appeal application to Mr. Gibbens of Lamar. Once we receive the completed application and the required $50.00 filing fee, the item will be placed on the Board of Adjustment's agenda. The next filing deadline for the BOA is Oct 1 for the Oct 28 meeting. Dana Carney, Zoning and Subdivision Manager City of Little Rock Department of Planning and Development 723 W. Markham St. Little Rock, AR 72201 From: Leigh A. Deininger [mailtoddeinin a b.com] Sent: Friday, August 30, 2013 3:02 PM To: Carney, Dana 8/30/2013 Page 2 of 2 Cc: MNS; Carpenter, Tom Subject: Lamar Advertising Sign Permit Application Mr. Carney: Attached please find correspondence of today's date from Mike Shannon. Sincerely, Leigh Leigh Deininger I Legal Assistant Ideininger@ggtb.com I vcard 501.379.1718 1 Fax: 501.379.3818 <image002.jpg> 111 Center Street, Suite 1900 Little Rock, Arkansas 72201 Map www.QGTB.com This e-mail message and any attachments contain confidential information that maybe legally privileged. plants are warned that a-me.11 communications with the firm that are sent from or received on a system or a-rTOR 9CCeunt to which others have access creates a sigro scant risk that unauthorized third parties might gain access to them. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it If you have received this e-mail in error, please immediately notify us by return e-mail or by telephone at 501-379-1700 and delete this e-mail. Please note that If this e-mail contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by Quattlebaum, Grooms, Tull & Burrow PLLC. Receipt of e-mail does not establish an attomey-client relationship. 8/3 0/2013 Page 1 of 2 Carney, Dana From: Michael N. Shannon [mshannon@ggtb.com] Sent: Friday, August 30, 2013 4:24 PM To: Carney, Dana Cc: Carpenter, Tom; Bozynski, Tony; JRF Subject: RE: Lamar Advertising Sign Permit Application It's our position that a variance isn't necessary, but we can discuss that. From: Carney, Dana [mailto:DCarney@littlerock.org] Sent: Friday, August 30, 2013 4:22 PM To: Michael N. Shannon Cc: Carpenter, Tom; Bozynski, Tony Subject: RE: Lamar Advertising Sign Permit Application I will have it out for you. In the meantime, I have asked Tom Carpenter to look at the issue to help us determine if it should be handled as an appeal or as a variance. From: Michael N. Shannon [maiito:mshannon@gcitb.com] Sent: Friday, August 30, 2013 3:44 PM To: Carney, Dana Cc: LAD Subject: Re: Lamar Advertising Sign Permit Application We will have someone pick it up on Tuesday morning. Thanks. Mike Shannon 501-379-1716 mshan non @ ggtb.com On Aug 30, 2013, at 3:35 PM, "Carney, Dana" <DCarne littlerock.vr > wrote: don't have it electronic. I can put it out for Tuesday's mail or you can have someone come pick it up, whichever you want. From: Michael N. Shannon [mailto:mshannon tb.com] Sent: Friday, August 30, 2013 3:34 PM To: Carney, Dana Cc: Leigh A. Deininger; Carpenter, Tom Subject: Re: Lamar Advertising Sign Permit Application Dana, can you send that to me? Mike Shannon 501-379-1716 mshannon@)qgtb.com On Aug 30, 2013, at 3:31 PM, "Carney, Dana" <DCarney@littlerock.org> wrote: I did receive the hard copy. I sent the appropriate appeal application to Mr. Gibbens of Lamar. Once we receive the completed application and the required $50.00 filing fee, the item will be placed on the Board of Adjustment's agenda. The next filing deadline for the BOA is Oct 1 for the Oct 28 meeting. Dana Carney, Zoning and Subdivision Manager City of Little Rock 9/3/2013 Page 2 of 2 Department of Planning and Development 723 W. Markham St. Little Rock, AR 72201 From: Leigh A. Deininger [mailto:ldeininaer@ogtb.com] Sent: Friday, August 30, 2013 3:02 PM To: Carney, Dana Cc: MINIS; Carpenter, Tom Subject: Lamar Advertising Sign Permit Application Mr. Carney: Attached please find correspondence of today's date from Mike Shannon. Sincerely, Leigh Leigh Deininger I Legal Assistant <image002 jpg> Ideininger@ggtb.com I vcard 111 Center Street, Suite 1900 501.379.17181 Fax: 501.379.3818 Little Rock, Arkansas 72201 Map I www.QGTB.com This e-mail message and any attachments contain confidential information that may be legally privileged. clients are warned that e-mail communications with the firm that are sent from or received on a system or e-mail account to which others have access creates a significant risk that unauthorized thkd parties might gain access to them If you are not the intended recipient, you must not review, retransmil, convert to hard copy, copy, use or disseminate this a -mad or any attachments to it. If you have received this e-mail in error, please immediately notify us by return 9-rrra0 or by telephone at 501 -79.170D and dolele this e-ma il. Please note that d this e-mail contains a forwarded massage or IS a feply to a prior message, some or a1I of the contents of this message or any attachments may not have been produced by Quattlebaum, Grooms, Tull & Burrow PLLC Receipt of e-mail does not establish an attomey-client relationship. 9/3/2013 Page 1 of 2 Carney, Dana From: Carney, Dana Sent: Thursday, August 29, 2013 8:56 AM To: 'Thomas Gibbens' Cc: Scott, Kenny A.; Bozynski, Tony Subject: RE: (10510) 1-30 we met this morning and went over your proposal. The request to have a permit issued contingent upon the removal of the other sign structures has been denied. If, at some time, the site complies with the Ordinance standards for an off -premises sign site, a permit request may be filed. Dana From: Thomas Gibbens [mailto:tgibbens@lamar.com] Sent: Wednesday, August 28, 2013 4:50 PM To: Carney, Dana Subject: Re: (10510) I-30 Thx On Wed, Aug 28, 2013 at 4:49 PM, Carney, Dana <DCarneyalittlerock.org> wrote: soon From: Thomas Gibbens [mailto:tpibbens@lamar.com] Sent: Wednesday, August 28, 2013 4:43 PM To: Carney, Dana Subject: Re: (10510) I-30 Yes, we received the alteration one one site at 12001 I-30. When do you plan to meet on the 10510 application.? On Wed, Aug 28, 2013 at 4:40 PM, Carney, Dana <DCarney 1ittlerock.org> wrote: my understanding is that the alteration on the existing sign was to be approved. Tony and I have not met yet on the other proposal. From: Thomas Gibbens [mailto:t ibbns lamar.com] Sent: Wednesday, August 28, 2013 3:59 PM To: Carney, Dana Subject: (10510) I-30 Dana, I was checking to see if our permit application was being processed we made last week.. Our Real Estate Manager, Greg Criner let me know Kenny had relayed that a decision was to be made soon? 8/29/2013 Page 2 of 2 Thanks Tom Tom Gibbens V.P. and General Manager Lamar Advertising www.lamar.com Little Rock, AR 501-562-2476 off 501-568-0085 fx Tom Gibbens V.P. and General Manager Lamar Advertising www.lamar.com Little Rock, AR 501-562-2476 off 501-568-0085 fx Tom Gibbens V.P. and General Manager Lamar Advertising www.lamar.com Little Rock, AR 501-562-2476 off 501-568-0085 fix 8/29/2013 Page 1 of 4 Carney, Dana From: Thomas Gibbens [tgibbens@lamar.com] Sent: Thursday, August 29, 2013 11:13 AM To: Carney, Dana Subject: Re: (10510) 1-30 Please do. We will send a letter as well On Thu, Aug 29, 2013 at 10:58 AM, Carney, Dana <DCarneycr.littlerock.org> wrote: You can appeal staffs denial to the Board of Adjustment. I can send you the appropriate forms. From: Thomas Gibbens [mailto:t ibbens lamar.com] Sent: Thursday, August 29, 2013 10:52 AM To: Carney, Dana Subject: Re: (10510) I-30 Dana, To make this formal we are going to appeal the denial so it will be on record. Where do we begin? Thx Tom On Thu, Aug 29, 2013 at 10:15 AM, Carney, Dana <DCamey Iittlcrock. org> wrote: yes, they have been advised so From: Thomas Gibbens [mailto:tgibbens lamar.com] Sent: Thursday, August 29, 2013 9:42 AM To: Carney, Dana Subject: Re: (10510) I-30 So the other company's permit application is denid as well? This is next door where we have an existing sign ? On Thu, Aug 29, 2013 at 9:24 AM, Carney, Dana <DCarn!�y�@,littlerock.org> wrote: we met this morning and went over your proposal. The request to have a permit issued contingent upon the removal of the other sign structures has been denied. If, at some time, the site complies with the Ordinance standards for an off - premises sign site, a permit request may be filed. 9/3/2013 Page 2 of 4 Dana From: Thomas Gibbens [mailto:tt ibbens@lamar.com] Sent: Wednesday, August 28, 2013 4:50 PM To: Carney, Dana Subject: Re: (10510) I-30 Thx On Wed, Aug 28, 2013 at 4:49 PM, Carney, Dana <DCarne t littlerock.org> wrote: soon From: Thomas Gibbens [mailto:t ibbens lamar.com] Sent: Wednesday, August 28, 2013 4:43 PM To: Carney, Dana Subject: Re: (10510) I-30 Yes, we received the alteration one one site at 12001 I-30. When do you plan to meet on the 10510 application.? On Wed, Aug 28, 2013 at 4:40 PM, Carney, Dana <DCame littlerock.or > wrote: my understanding is that the alteration on the existing sign was to be approved. Tony and I have not met yet on the other proposal. From: Thomas Gibbens [mailto:tgibbens@lamar.com] Sent: Wednesday, August 28, 2013 3:59 PM To: Carney, Dana Subject: (10510) I-30 Dana, I was checking to see if our permit application was being processed we made last week.. Our Real Estate Manager, Greg Criner let me know Kenny had relayed that a decision was to be made soon? Thanks Tom Tom Gibbens V.P. and General Manager Lamar Advertising www.lamar.com 9/3/2013 Page 3 of 4 Little Rock, AR 501-562-2476 off 501-568-0085 fx Tom Gibbens V.P. and General Manager Lamar Advertising www.lamar.com Little Rock, AR 501-562-2476 off 501-568-0085 fx Tom Gibbens V.P. and General Manager Lamar Advertising www.lamar.com Little Rock, AR 501-562-2476 off 501-568-0085 fx Tom Gibbens V.P. and General Manager Lamar Advertising www.lamar.com Little Rock, AR 501-562-2476 off 501-568-0085 fx Tom Gibbens V.P. and General Manager Lamar Advertising www.lamar.com Little Rock, AR 501-562-2476 off 501-568-0085 fx 9/3/2013 Page 4 of 4 Tom Gibbens V.P. and General Manager Lamar Advertising www.lamar.com Little Rock, AR 501-562-2476 off 501-568-0085 fx 9/3/2013 Page 1 of 2 Carney, Dana From: Thomas Gibbens [tgibbens Iamar.com] Sent: Friday, August 16, 2013 11:24 AM To: Carney, Dana Subject: Re: Info for Lamar Advertising I may have worded that incorrectly, but I think you will find my info to be accurate if and when they attempt to apply. Thank you Dana Qn Fri, Aug 16, 2013 at 10:59 AM, Carney, Dana <DCam littlerock.or > wrote: thank you for the info. When you and I spoke, I did not and still do not know what address was of concern when a statement was made in passing to me that another sign company had purchased a site where you currently have a billboard. From: Thomas Gibbens [mailtoaAibbens@lamar.com] Sent: Friday, August 16, 2013 10:51 AM To: Carney, Dana Subject: Info for Lamar Advertising Dana, I want to share with you the following The permit we were issued to upgrade to digital is located at 10510 I-30. Mr. Huffstutlar was the property owner, but is now deceased. The property is in his trust at this time. As I mentioned another company is trying to permit with the Hwy department on this site. They could only do so with a city permit. Please check with Kenny and let us know if a permit was issued on our site? If so then one needs to be voided. The second matter is we have a sign located at 10400 I-30. You mentioned another sign co has purchased the property. Lamar Advertising has a long term lease there and no permits should be issued to another company for any reason until our sign is removed and that would not be before 2018. Dana, I hope this will shed some light in these two matters. Thank you! Tom Gibbens V.P. and General Manager Lamar Advertising www.lamar.com Little Rock, AR 9/3/2013 Page 2 of 2 501-562-2476 off 501-568-0085 fx Tom Gibbens V.P. and General Manager Lamar Advertising www.lamar.com Little Rock, AR 501-562-2476 off 501-568-0085 fx 9/3/2013 Page 1 of 1 Carney, Dana From: Thomas Gibbens [tgibbens@lamar.com] Sent: Friday, August 16, 2013 11:52 AM To: Carney, Dana Subject: Fwd: Message from "RNP002673572BE0" Attachments: 201308161139.pdf This is for your records in case you get an application. Also, out legal contract agreement states, "Landowner cannot allow another company to erect or PERMIT on any property owner within 600' feet of our location. If they do submit a permit let me know so I can turn over to our Attorney to file a claim Thx Tom ---------- Forwarded message ---------- From: <aandrade(a iamar.com> Date: Fri, Aug 16, 2013 at 10:39 AM Subject: Message from "RNP002673572BE0" To: Tom Gibbens <1gibbens Q lamar.com> This E-mail was sent from "RNP002673572BE0" (MP C4502). Scan Date: 08.16.2013 11:39:00 (-0400) Queries to: aandrade@lamar.com Tom Gibbens V.P. and General Manager Lamar Advertising www.lamar.com Little Rock, AR 501-562-2476 off 501-568-0085 fx 9/9/2013 This Instrument Prepared by: James R. Mcllwain 5551 Corporate Boulevard Baton Rouge, Louisiana 70808 James R. Mcilwain 2008003414 Received. 111612008 11:03:21 AFA Recorded: 0111s12008 11:1rs:18 AM Filed & Recorded in official Records of PAT O'BRIEN. PULASKI COUNTY CiRCUITICOUNTY CLERK Fees $25.00 COMPANIES Lease # 70408-01 MEMORANDUM OF LEASE AGREEMENT The undersigned (hereinafter referred to as "Lessor") has executed and delivered to THE 1LAMiAR COMPANIES (hereinafter referred to as "Lessee") a rider to the LEASE AGREEMENT dated February 23, 1993, leasing a portion of the premises located in the City of Little Rock, CountyMarish of Pulaski, State of Arkansas more particularly described as follows: 10400 1-30, north side. approx. 50 feet west of Mabelvale Overpass —See Exhibit "A" attached with specific legal desc. WHEREAS, said LEASE AGREEMENT (hereinafter referred to as "Lease"), provided for a term of ten (10) years, beginning February 1, 2008 ending February 1, 2018 and provides that the Lease may be continued in force thereafter In accordance with the provision set out as well as other rights and obligations of the parties thereto. NOW, THEREFORE, for the consideration set out in the Lease, Lessor hereby grants, leases and lets to Lessee all rights as specified therein in and upon the said premises, subject to all of the provisions and eonditions set out in the Lease for all purposes and the Lease is made a part hereof to the same extent and with the same force and effect as though the same were fully and completely incorporated herein. IN WITNESS WHEREOF, this instrument is duly executed on the date hereinabove specified, EXECUTED BY LESSOR IN THE PRESENCE OF: 21-o ESSOR'SPRiNTED YANIE-H Z'- 1AVS'SOR'SSu�beltPropxr[ieaLimited SIGNATURE -- It 0 aowling for Sn. elt Properties Limited ACKNOWLEDGEMENT STATE OF COUNTYIPARISH OF n I &* ..� .06 The fore ❑in instrumcnt was acknowledged before me This �^J dayof A 20 0V by 11,6ut,,,,r who is Pcrsonnlly known t me or who has prod ra r � as14 idcnti Ilion. ��. � j Witness my hand and official seal, this. _day of �A.D.. 20-0?�;Z 14T U � S LO 0 my Z= ilntary Public j¢ U� J �'pz My Commission 6xpirc5: L EXECUTED BY LESSEE IN THE PRESENCE OF. rn 7 THE LAMAR COi' PA UFOIGE kTURE OFFICER'S PRINTED NAME W, TITLE ACKNOWLEDGEMENT STATE OF fIRYhi, SWZS COUNTY/PARISH OFF 1 r4 _ The foregoing instrument was acknowledged before me this — day of 20-&& by 5 who is -personally known to me or who has produced as iduntification. Witness my hand and official seal. this �day of 4—A.D., 20 b_%__. Notary Pubkc My Commission Expires: Q d Quattlebaum, Grooms, Tull & Burrow A PROFESSIONAL LIMITED LIABILITY COMPANY 111 Center Street Suite 1900 Little Rock, Arkansas 72201 (501) 379-1700 • (501) 379-1701 —Fax Michael N. Shannon mshannon@ggtb.com Licensed in Arkansas, Missouri and Kansas August 30, 2013 Vw' Hand Delivery and .Electronic Mail Little Rock Board of Zoning Adjustment C/O Dana Carney Planning and Development Department 723 West Markham Street Little Rock, AR 72201 dcamey@littlerock.org Dear Board Members: Direct Dial 501-379-1716 Direct Fax 501-379-3816 On August 20, 2013, Lamar Advertising submitted a Sign Permit Application ("Application"). A copy of the Sign Permit Application is enclosed as Exhibit 1. In the Application, Lamar provided that it understood the permit to be contingent upon removal of two nearby sign structures that Lamar owns. In short, Lamar proposed to replace 2 structures (Permit Numbers 20061 and 17719) with a single new structure. Lamar provided further that no new construction would tale place under the permit until the two existing signs were removed and notice was provided to the City of Little Rock for inspection. On August 29, 2013, the City Planning and Development Department denied Lamar's Application (the "Denial"). An e-mail form Dana Carney to Thomas Gibbens is attached as Exhibit 2. In the Denial, the Planning and Development Department Provided "[t]he request to have a permit issued contingent upon the removal of the other sign structures has been denied. If, at some time, the site complies with the Ordinance standards for an off -premises sign site, a permit request may be filed." The Denial does not provide any specific reasons for why the site did not comply with the Ordinance standards for an off -premises sign. Lamar understands that the only reason the site does not comply is because of spacing with the existing two signs Lamar owns and agreed to remove upon issuance of the permit. Lamar hereby appeals the denial of its Application to the Board of Zoning Adjustment as provided in Little Rock Code of Ordinance § 36-538. Lamar requests that the Board of Zoning Adjustment issue to Lamar a permit for the alteration and consolidation of two signs and construction of a single new sign. Dana Carney Little Rock Board of Zoning Adjustment August 30, 2013 Page 2 Under the Sign Ordinance, "Alteration means to replace, exchange, reconstruct, renovate, move, relocate, animate, enlarge or decrease in size." See Little Rock Code of Ordinance § 36- 530. In this case, Lamar owns the two signs that it proposes removing. It follows that Lamar is not seeking to construct a "new" sign; rather, under the Sign Ordinance, Lamar merely seeks a permit for alteration of two existing signs. The proposed alteration of Lamar's own signs complies with all provisions of the Sign Ordinance and Little Rock City Code. The purpose of the Sign Ordinance is to "control and coordinate the type, placement and physical dimensions of signs within the various zoning classifications," to "promote both renovation and proper maintenance," and to "allow for special circumstances." See Little Rock Code of Ordinance § 36-532(a)(1), (3), and (4). The Ordinance is to be interpreted in "such a way as to carry out its stated purpose and intent." See Little Rock Code of Ordinance § 36-538. Variances from the Sign Ordinance are to be provided "where strict enforcement ... would cause undue hardship to the individual application under consideration ...." See Little Rock Code of Ordinance § 3 6-53 8. Although Lamar does not believe it is requesting a variance from the Sign Ordinance, to the extent it is considered a variance, strict enforcement of the Sign Ordinance will cause a hardship and denial of Lamar's Application will be a hardship on Lamar and controvert the spirit of the Sign Ordinance. The Purpose of the Sign Ordinance is to promote appropriate renovation of signs and Lamar's consolidation of two signs is an appropriate and conservative renovation. At best, the fact that Lamar seeks to consolidate two of its boards constitutes a "special circumstance." There would be no question of denial if Lamar proposed to merely move a single sign, and the fact that it proposes to consolidate two signs should not be held against Lamar. Indeed, the Sign Ordinance contemplates that a permit will be issued for sign movement: "A new off -premises sign permit shall be obtained in order to move a billboard from one (1) site to another site, provide the relocation conforms to all of the requirements of this chapter." See Little Rock Code of Ordinance § 36-556(f)(3). Lamar's request is consistent with the Sign Ordnance and should be granted. Failure to issue the permit in these circumstances could result in Lamar's complete loss of its sign permits. Specifically, it is possible that, during Lamar's alteration, the City could inadvertently issue another sign permit that would prevent Lamar from executing its alteration because of spacing requirements. The Sign Ordinance is equipped to address this situation, providing specifically that the "administrator may require in writing upon issuance of a permit that he be notified for inspection prior to the installation of certain signs." See Little Rock Code of Ordinance § 36-545(g). Here, conditioning the permit upon inspection and removal of the two signs Lamar proposes to consolidate is the appropriate action. Denial of the Application is improper. "The board of zoning adjustment may impose conditions in the granting of a variance to ensure compliance and to protect adjacent property." See Little Rock Code of Ordinance § 36- 69(a). "The board may hear requests for variances from the literal provisions of this chapter in instances where strict enforcement of this chapter would cause undue hardship due to Dana Carney Little Rock Board of Zoning Adjustment August 30, 2013 Page 3 circumstances unique to the individual property under consideration, and grant such variance only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this chapter." See Little Rock Code of Ordinance § 36-69(b)(2)(b). Here, Lamar's application meets the strict requirements to alter or move signs. Furthermore, Lamar's application is within the spirit and intent of the Sign Ordinance and denial of its Application will result in a hardship due to the unique factual situation. The denial of Lamar's Application by the Planning Department should be reversed. Lamar's Application complies with all requirements of the Sign Ordinance and other applicable provisions of the Little Rock Municipal Code. The Board of Adjustment should grant Lamar's application conditioned on the removal of its referenced two signs and a confirmation inspection by the City of Little Rock. We appreciate the Board's attention to this matter and request that this appeal be heard and any necessary hearing be set at the next and earliest available opportunity or meeting. Respectfully, QUATTLEBAUM, GROOMS, TULL & BURROW PLLC Michael N. Shannon MNS/1ad Enclosures cc w/ encls.: City Attorney Tom Carpenter, Esq. (via e-mail) August 20, 2013 City of Little Rock Department of Planning and Development Care of Kenny Scott 723 West Markham Street Little Rock, Arkansas, 72201 Re ,10510 Interstate 30 Mr. Scott, Please find enclosed our application for a sign permit located at 10510 with Russell Atkinson, I have enclosed an application, drawing, zoning map and a permission statement from Mr. Atkinson. In this case, as the drawing depicts, we are making application for this site, location, 10510 Interstate 30, contingent upon the removal of the sign structures associated with permits 17719 and 20061. Please note the owner of record for both permits, 17719 and 20061 Is Lamar Outdoor Advertising. Permit 17719 Is listed as 10600 Interstate 30, W L Huffstutlar, permit 20061 Is listed as 10400 Interstate 30, H D. Bowling. With the removal of the two permits mentioned, this would allow for the proper spacing between signs and make a legal conforming site at 10510 Interstate 30. Please be advised that In no manner would permits 17719 and 20061 be considered volded until the structure Is physically removed. Likewise, Lamar will also warrant, certify that no new construction would be allowed to take place with permit Issued at 10510 Interstate 30 until the other two are removed completely and notice given to the City of Little Rock for inspection. After receiving your permit with Information attached, we will Insert it In with our application to the Arkansas Highway Department. Please review and advise as to what you do need from Lamar, If additional, to have such approved and we would like to pick up as soon as possible for construction, i can be reached at 501-562-2476, Thank you as always for your cooperation and attention to the application. Thank you, 04 riner Real Estate Manager EXHIBIT CITY OF LITTLE ROCK Planning and Developroent 723 W. Markham, Little Rack, AR 72201 (501) 371-4844 LION PCRUIT APPII�"�4BON I)ate bra• 13 A2glicants Name -,— Address az Tel No.�'r�r_ Permit No., Permit Fee Pxs7 rtv Owner or Acient ..._d_.__.....,...,—w__.._-........._L-----__--_---w....__.._..__----....,.,...w....,.._..__...._.___..__d_.,..e..�r..w........_ i Basiness Address of Proposed sign -fir • �� 3© Type of Sign wording on Sim - Sign Dimensions IN#3 Sign Height T I Vehicular Clearanap of Sign Pedestrian Clearance of Sign. setback of Sign frm Pxopertx Li.ne­a$--j, --------__-- __-- _ -- - _ Linear StreOt frontage of Pr0Pert x ram- - .. . _ _ _ . _—, _ Linear Building frontage Zoning Cl.assifiaation of Property"- . -_.._-_,....----------- ..._......_....----...,....__-W,..____----_------.M.............._......_w_-......------------ _.__-w. -- r d4 hereby certify that all information contained on this 0,j kp- iagtion is tyiYo and correct, and hereby agree that if this permit is issued all xequiremen of the pity of Little Rock Building, Electrical, Txaffiq, and sign Codes will be ccapiied with T further certify that this proposed work is authorized by -the owner in fee, and that I am authorized to make this Application. Ae, rrJ, CC�n�in A V.PpZ � i a�~ i�elu,r�Y�w "�. r _ rrr 11 j 1 Owner or Agent i rs ` 5,Nn Address Telephone No. zoning & 9ign inspector The Map Title Data Current as of 10/11/201 f h !{ VELOP�IE�ii zoning Intormallon Is representational only and Is not Intended to meal legal standards, use at your own risk. Printed: Aug 20, 2013 � o � & � , � o � � � # - 0 � 2 � LM o � 2 / S k n- PROPERTY OWNER PERMISSION STATEMENT To the A-Acansas State''--lighway and Transportation Department: = HAS MY PERIWSSYON TO ^� (Sign Owner) ERECT AND/OR MAINTAIN A SIGN ON MY PROPERTY ADJACENT TO COUNTY NEAR �. ` �L— (City or Town) Prok�erty Owner (Ploase Print) q l 1 q COXvzme-�' � 5,4 zG0 Property Owner Mailing Address L-#j-e ,-/Zi.A�1 City State Zip Code E � k----- -- gP 9k Signature ate NOTE: MiLst be signed and dated within 30 days of application date. A copy of a written lease agreement bctvYeen the sign owner and the property owner may be substituted for this statement If dated within 30 days of application date, On Thu, Aug 29, 2013 at 9:24 AM, Carney, Dana <DCarneyaMittierock.org> wrote: we met this morning and went over your proposal. The request to have a permit issued contingent upon the removal of the other sign structures has been denied. If, at some time, the site complies with the Ordinance standards for an off -premises sign site, a permit request may be filed. Dana From: Thomas Gibbens [mailto: gbbensQlamar.comI Sent:: Wednesday, August 28, 2013 4:50 PM To: Carney, Dana Subject: Re: (10510) I-30 0 On Wed, Aug 28, 2013 at 4:49 PM, Carney, Dana �DCarnevnlittlerock.org> wrote: soon �i..ri.wn�......,,.�..in.�.�i,i�,,...`.i,...,�ninw,.....i.. .�...M ,. i.,�„ i. �....w.��.....,i..•.n,�,.w,�,,.,,.......,u,xu..�.N�.�.....xw,..uh...,.,��.fN......M_..wn.,r,...�,..,,H.,....��...,npi,,,k.....�n,..NwM..�.. From: Thomas Gibbens [mailto:t ibbens Iamar,com Sent: Wednesday, August 28, 2013 4:43 PM To: Carney, Dana Subject: Re: (10510) I-30 Yes, we received the alteration one one site at 12001 I-30. When do you plan to meet on the 10510 application.? On Wed, Aug 28, 2013 at 4:40 PM, Carney, Dana <DCarne a littlerocic.or > wrote: my understanding is that the alteration on the existing sign was to be approved. Tony and I have not met yet on the other proposal. From: Thomas Gibbens [mailto:talbbens5lamar.com] Sent: Wednesday, August 28, 2013 3:59 PM To: Carney, Dana Subject: (10510) 1-30 Dana, I was checking to see if our permit application was being processed we made last week., Our Real Estate Manager, Greg Criner let me know Kenny had relayed that a decision was to be made soon? Thanks Tom EXHIBIT Quattlebaum, Grooms, Tull & Burrow PLLC A PROFESSIONAL LIMITED LIABILITY COMPANY I I I Center Street Suite 1900 Joseph R. Falasco Little Rock, Arkansas 72201 jfalasco@ggth.com September 6, 2013 Little Rock Board of Zoning Adjustment C/O Dana Carney Planning and Development Department 723 West Markham Street Little Rock, AR 72201 dcarney(tittlerock.org (501)379-1700 Writer's Direct Facsimile (501)379-3876 Writer's Direct Dial (501)379-1776 Yin Hand Delivery and Electronic Mail Re: Lamar Advertising's Application for Action on Administrative Appeal or Interpretative Requests Dear Mr. Carney: Please find enclosed Lamar Advertising's Application For Action On Administrative Appeals Or Interpretative Requests along with Check No. 065179 in the amount of $50.00 as the filing fee. Please confirm this appeal will be docketed on the regularly scheduled meeting set for 2:00 p.m. on October 28, 2013. If we can provide any additional assistance, please contact me. Cordially, QUATTLEBAUM, GROOMS TULL & BURROW PLLC "I Joseph R. Falasco JRF:bjh Enclosures cc w/encls.: City Attorney Tom Carpenter, Esq. (via electronic mail) is �'� .. � —s - _ �' _ 1•� �' — .r'. • 7•-- f y n s, PID' �.�,�, • :'�; -; r'� �] roe } I _-s _� r' ,, _ .:� rt ` -R2 T -`CUP 3A - - - PIKE GSTON CT t. CC ix LU R2 0 t _ CUP C4 '�,� • - •.r r<� - �! � i of C4 � �. .. • 16 -.12 ~+ !s > t! r 12 • R2 cup � PCD R2 CUP 0 7 0 9635 ./:.j 04 R2 CUP LANs TON CT M8 R400 R2 12 PID C3 C4 C3 August 20, 2013 City of Little Rock Department of Planning and Development Care of Kenny Scott 723 West Markham Street Little Rock, Arkansas, 72201 Re : 10510 Interstate 30 Mr. Scott, Please find enclosed our application for a sign permit located at 10510 with Russell Atkinson. I have enclosed an application, drawing, zoning map and a permission statement from Mr. Atkinson. In this case, as the drawing depicts, we are making application for this site, location, 10510 Interstate 30, contingent upon the removal of the sign structures associated with permits 17719 and 20061. Please note the owner of record for both permits, 17719 and 20061 is Lamar Outdoor Advertising. Permit 17719 is listed as 10600 Interstate 30, W L Huffstutlar, permit 20061 is listed as 10400 Interstate 30, H D Bowling. With the removal of the two permits mentioned, this would allow for the proper spacing between signs and make a legal conforming site at 10510 Interstate 30. Please be advised that in no manner would permits 17719 and 20061 be considered voided until the structure is physically removed. Likewise, Lamar will also warrant, certify that no new construction would be allowed to take place with permit issued at 10510 Interstate 30 until the other two are removed completely and notice given to the City of Little Rock for inspection. After receiving your permit with information attached, we will insert it in with our application to the Arkansas Highway Department. Please review and advise as to what you do need from Lamar, if additional, to have such approved and we would like to pick up as soon as possible for construction. I can be reached at 501-562-2476. Thank you as always for your cooperation and attention to the application. Thank you, GreCriner Real Estate Manager Date 6 ',20- 13 CITY OF LITTLE ROCK Planning and Development 723 W. Markham, Little Rock, AR 72201 (501) 371-4844 .SIGN PfRWIT APPLICATION Permit No. Permit Fee Apj2licants Property Owner or Agent Name �t�,��� ���:t§�w Name 4�lufi Address -"I ag Address _ !j il'L -,k C;Q Tel No. -Tk r Tel No. N DO- 6cw Business Address of Proposed Sign JA, A�Ic_ _ 40.__ Type of Sign— ?brding on Sign Sign Dimensions Sign Height T9 Vehicular Clearance of Sign �►A �_, _.._- ._ Pedestrian Clearance of Sign Setback of Sign from Property Line_, Linear Street frontage of Property ca Linear Building frontage 'A Zoning Classification of Property �--- 3 I C C s _ do hereby certify that all information contained on this applicAMion is t and correct, and hereby agree that if this permit is issued all requirement of the City of Little Rock Building, Electrical, Traffic, and Sign Codes will be complied with. I further certify that this proposed work is authorized by the owner in fee, and that I am authorized to make this Application. ^ L.I J� C�C- ' l ei i.-•`' C��A'^i'^4 `" V.Z,.T�r_ .� �,�- y.; 4 7�q q :.; Owner or Agents f'err�Ov� � S��n rj�du-��re.S � a :%7i �T��I,��Cc.. �� �.1i4= _�H ��•r5c� "1 +�� �f Address C1550C A I G-L 5:7i - Telephone No. Zoning & Sign Inspector v� � - uir�G'sitiry cr' • Ot Ole f R2 ABEI_vALF'PIKE The Map Title got «rr�f,�o Data Current as of 10/1112011 Ei,'JN1NG DEYdtO�hlEhlT Zoning information is representational only and is not intended to meet legal standards, use at your own risk, Printed: Aug 20, 2013 N S WE s O P F� 0 0 2 ..,,J h 0 LY�Y r PROPERTY OWNER PERMISSION STATEMENT To the Arkansas State Highway and Transportation Department: HAS MY PERMISSION TO (Sign Owner) ERECT AND/OR MAINTAIN A SIGN ON MY PROPERTY ADJACENT TO io510 HIGHWAY. - = U Q (---- f f - )N NEAR\ (City or Town) Property Owner (Please Print) COUNTY (z1 I u C.""\ S�,� goo Property Owner Mailing Address City State Zip Code Signature 1 ate NOTE: Must be signed and dated within 30 days of application date. A copy of a written lease agreement between the sign owner and the property owner may be substituted for this statement if dated within 30 days of application date. Quattlebaum, Grooms, Tull & Burrow A PROFESSIONAL LIMITED LIABILITY COMPANY I I I Center Street Suite 1900 Little Rock, Arkansas 72201 (501) 379-1700 • (501) 379-1701— Fax Michael N. Shannon mshannon@ggth.com Licensed in Arkansas, Missouri and Kansas August 30, 2013 l,'ra Hand Delivery and Eleetronic Mail Little Rock Board of Zoning Adjustment C/O Dana Carney Planning and Development Department 723 West Markham Street Little Rock, AR 72201 dcarney@littlerock.org Dear Board Members: s. : o Direct Dial 501-379-1716 Direct Fax 501-379-3816 On August 20, 2013, Lamar Advertising submitted a Sign Permit Application ("Application"). A copy of the Sign Permit Application is enclosed as Exhibit 1. In the Application, Lamar provided that it understood the permit to be contingent upon removal of two nearby sign structures that Lamar owns. In short, Lamar proposed to replace 2 structures (Permit Numbers 20061 and 17719) with a single new structure. Lamar provided further that no new construction would take place under the permit until the two existing signs were removed and notice was provided to the City of Little Rock for inspection. On August 29, 2013, the City Planning and Development Department denied Lamar's Application (the "Denial"). An e-mail form Dana Carney to Thomas Gibbens is attached as Exhibit 2. In the Denial, the Planning and Development Department Provided "[t]he request to have a permit issued contingent upon the removal of the other sign structures has been denied. If, at some time, the site complies with the Ordinance standards for an off -premises sign site, a permit request may be filed." The Denial does not provide any specific reasons for why the site did not comply with the Ordinance standards for an off -premises sign. Lamar understands that the only reason the site does not comply is because of spacing with the existing two signs Lamar owns and agreed to remove upon issuance of the permit. Lamar hereby appeals the denial of its Application to the Board of Zoning Adjustment as provided in Little Rock Code of Ordinance § 36-538. Lamar requests that the Board of Zoning Adjustment issue to Lamar a permit for the alteration and consolidation of two signs and construction of a single new sign. Dana Carney Little Rock Board of Zoning Adjustment August 30, 2013 Page 2 Under the Sign Ordinance, "Alteration means to replace, exchange, reconstruct, renovate, move, relocate, animate, enlarge or decrease in size." See Little Rock Code of Ordinance § 36- 530. In this case, Lamar owns the two signs that it proposes removing. It follows that Lamar is not seeking to construct a "new" sign; rather, under the Sign Ordinance, Lamar merely seeks a permit for alteration of two existing signs. The proposed alteration of Lamar's own signs complies with all provisions of the Sign Ordinance and Little Rock City Code. The purpose of the Sign Ordinance is to "control and coordinate the type, placement and physical dimensions of signs within the various zoning classifications," to "promote both renovation and proper maintenance," and to "allow for special circumstances." See Little Rock Code of Ordinance § 36-532(a)(1), (3), and (4). The Ordinance is to be interpreted in "such a way as to carry out its stated purpose and intent." See Little Rock Code of Ordinance § 36-538. Variances from the Sign Ordinance are to be provided "where strict enforcement ... would cause undue hardship to the individual application under consideration ...." See Little Rock Code of Ordinance § 36-538. Although Lamar does not believe it is requesting a variance from the Sign Ordinance, to the extent it is considered a variance, strict enforcement of the Sign Ordinance will cause a hardship and denial of Lamar's Application will be a hardship on Lamar and controvert the spirit of the Sign Ordinance. The Purpose of the Sign Ordinance is to promote appropriate renovation of signs and Lamar's consolidation of two signs is an appropriate and conservative renovation. At best, the fact that Lamar seeks to consolidate two of its boards constitutes a "special circumstance." There would be no question of denial if Lamar proposed to merely move a single sign, and the fact that it proposes to consolidate two signs should not be held against Lamar. Indeed, the Sign Ordinance contemplates that a permit will be issued for sign movement: "A new off -premises sign permit shall be obtained in order to move a billboard from one (1) site to another site, provide the relocation conforms to all of the requirements of this chapter." See Little Rock Code of Ordinance § 36-556(f)(3). Lamar's request is consistent with the Sign Ordnance and should be granted. Failure to issue the permit in these circumstances could result in Lamar's complete loss of its sign permits. Specifically, it is possible that, during LamWs alteration, the City could inadvertently issue another sign permit that would prevent Lamar from executing its alteration because of spacing requirements. The Sign Ordinance is equipped to address this situation, providing specifically that the "administrator may require in writing upon issuance of a permit that he be notified for inspection prior to the installation of certain signs." See Little Rock Code of Ordinance § 36-545(g). Here, conditioning the permit upon inspection and removal of the two signs Lamar proposes to consolidate is the appropriate action. Denial of the Application is improper. "The board of zoning adjustment may impose conditions in the granting of a variance to ensure compliance and to protect adjacent property." See Little Rock Code of Ordinance § 36- 69(a). "The board may hear requests for variances from the literal provisions of this chapter in instances where strict enforcement of this chapter would cause undue hardship due to