HomeMy WebLinkAboutZ-9400 Staff AnalysisAPRIL 29, 2019
ITEM NO.: B
File No.: Z-9400
Owner: Off the Front-, LLC
Applicant: Lillian H. McRae, Cromwell Architects Engineers
Address: 1509 Rebsamen Park Road
Description: Lot 1, Rosenbaum Acres Addition
Zoned: C-3
Variance Requested: Variances are requested from the building line provisions of
Section 31-12, the area provisions of Section 36-301 and the
parking provisions of Section 36-502 to allow an addition to
an existing commercial building with a reduced front setback
and which crosses a front platted building line, and a reduced
number of off-street parking spaces.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Commercial
Proposed Use of Property: Restaurant, food production and sake brewery
STAFF REPORT
A. Public Works Issues-
1 . Public Works staff has no comments in regard to the setback variances.
2. A grading permit is not required for the proposed site work. However, all
construction work must include appropriate drainage and erosion control
measures (i.e. hay bales, silt fencing, mulching etc.) to protect the municipal
storm water drainage system and neighboring properties from sediment runoff.
New development may be subject to inspections for compliance.
3. Prior to approval of the building permit, the applicant must agree to provide
boundary street improvements. Boundary street improvements shall include,
but not be limited to, reconstruction of one-half section of the abutting street if
the existing street is not up to city standards. Repair, replace, or extend existing
damaged, missing, and noncompliant curb and gutter, sidewalk, access ramps
or concrete driveway aprons within the public right-of-way adjacent to the site.
Remove abandoned driveway cuts and replace with curb, gutter, and sidewalk.
All work within the public right-of-way shall conform to City of Little Rock
Standard Details and ADA guidelines.
APRIL 29, 2019
ITEM NO.: B (CON'T.
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4. Prior to approval of the building permit, all proposed striping and signage must
conform to the Manual of Uniform Traffic Control Devices, and designs are
subject to approval by the Public Works department.
5. Prior to approval of the building permit, any proposed landscaping must provide
safe sight distance at the adjacent intersection. Landscaping located within the
50 foot sight triangle at the intersection of Rebsamen Park Drive and
Old Cantrell Road must be maintained below a height of 30 inches.
Landscaping within the right of way may be subject to a franchise agreement
with the Public Works.
6. The Public Works may provide additional comments or conditions prior to
approval of the building permit.
B. Landscape and Buffer Issues:
Site plan must comply with the Little Rock Zoning Ordinance and the City's
minimal landscape and buffer ordinance requirements. Any new development
shall adhere to the current landscape code.
2. Any existing vehicular use area that does not meet current code requirements
may continue as nonconforming until such time a building permit is issued to
rehabilitate a structure on the property exceeding fifty (50) percent of the
current replacement cost of the structure. At such time fifty (50) percent of the
existing vehicular use area shall be brought into compliance with current code
and shall continue to full compliance on a graduated scale based upon the
percentage of rehabilitation cost.
3. All ground or roof mounted mechanical systems shall be screened from
abutting properties and streets. Any trash receptacles or pickup shall be
oriented away from a primary street side of the property and screened from the
public right-of-way. Screen shall exceed the height of the dumpster or trash
containment areas by at least two (2) feet not to exceed eight (8) feet total
height.
4. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper
or larger.
C. Staff Analysis:
The C-3 zoned property at 1509 Rebsamen Park Road is occupied by a one-story
commercial building The property is located on the east side of Rebsamen Park
Road, at its intersection with Old Cantrell Road. Paved parking is located along
the north and east sides of the existing building. An access driveway is located
at the northwest corner of the property. The lot contains a 40 foot platted front
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APRIL 29, 2019
ITEM NO.: B CON'T. Z-3400
setback line. A small portion of the existing building crosses the front platted
building line by approximately nine (9) feet to 22 feet. The property backs up to a
railroad right-of-way and drainage area.
The applicant proposes to remove approximately 2,500 square feet of the front of
the existing building and reconstruct the front portion of the building with
approximately 3,356 square feet of building space, as noted on the attached site
plan. The front 3,356 square foot portion of the building will be utilized as a
restaurant use, with a new 1,186 patio/outdoor seating area on the front of the
building. The patio area will be uncovered and unenclosed. The area will be
bordered with a short fence. The remaining 7,634 square feet of the building will
be used for food production and a sake brewery. As part of the project the
applicant will refurbish the existing paved parking on the north and east sides of
the building. The site will contain 32 paved parking spaces.
The applicant is requesting three (3) variances with the proposed redevelopment
of the property. The first variance is from the area provisions of 36-301 (e) (1) of
the City's Zoning Ordinance. This section requires a minimum front setback of 25
feet. The reconstructed portion of the front of the existing building will be located
approximately 13 feet to 33 feet back from the front (west) property line.
The second variance is from the building line provisions of Section 31-12 (b) of the
Subdivision Ordinance which requires platted building line encroachments be
reviewed and approved by the Board of Adjustment. The proposed reconstruction
of the front portion of the existing building will extend across the 40 foot front platted
building line by approximately seven (7) feet to 27 feet.
The last variance is from the parking provisions of Section 36-502 (b) (3) which
requires 52 paved on -site parking spaces for the proposed use of the building. As
noted previously, the site will contain 32 paved parking spaces.
Staff supports the requested building line and building setback variances. Staff
views this request as reasonable. The reconstructed front portion of the
commercial building will maintain essentially the same front setback and building
line encroachment as the existing building. Additionally, the proposed front
setback will not be out of character with other commercial buildings in this area.
The existing commercial buildings to the north have similar front building setbacks.
However, staff cannot support the requested parking variance. Staff has concerns
that the amount of parking proposed will not be enough to serve the proposed use
of the building. The applicant has not proposed any off -site parking to
accommodate the shortage of on -site spaces. Additionally, on -street parking is
not allowed in this area. In the past, staff has supported parking variances in this
general area when the applicant provides a combination of on -site and off -site
spaces to either meet or come very close to meeting the minimum required
by code.
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APRIL 29, 2019
ITEM NO.: B CON'T. Z-9400
If the Board approves the building line variance, the applicant will have to complete
a one -lot replat reflecting the change in the platted front building line for the
addition. The applicant should review the filing procedure with the Circuit Clerk's
office to determine if the replat requires a revised Bill of Assurance.
D. Staff Recommendation:
Staff recommends denial of the requested setback, building line and parking
variances, as filed.
Board of Adjustment (March 25, 2019)
Staff informed the Board that the application needed to be deferred to the April 29, 2019
agenda, based on the fact that the applicant failed to send the required notifications to
surrounding property owners. The item was placed on the consent agenda and
deferred to the April 29, 2019 agenda. The vote was 4 ayes, 0 noes, 0 absent and 1
open position.
Staff Uodate
The applicant submitted a revised site plan to staff on April 18, 2019. The new plan
proposes to remove the existing building from the site and construct a new one-story
commercial building, as noted on the attached site plan. The new building will occupy a
similar portion of the site on the existing building. As noted previously, there is a 40 foot
front platted building line on this lot. The proposed building will have a front setback
ranging from 12 feet-11 inches to 38 feet-4 inches. Section 36-301(e)(1) requires a
minimum front setback of 25 feet for C-3 zoned property. Therefore, the applicant
continues to request front setback and building line variances, with the resulting front
setback being very similar to the original site plan.
The revised site plan shows approximately 3,800 square feet of restaurant space,
including an interior courtyard area for seating. The food and drink production area will
be 5,200 square feet. The amount of building area will require 45 off-street parking
spaces. The revised site plan shows 48 parking spaces. The parking space size and
maneuvering areas comply with ordinance requirements. Therefore, there is no variance
for reduced parking being requested with the revised site plan. The proposed new
building is approximately 14 feet narrower than the existing building and will contain
almost 2,000 square feet less building square footage.
Staff continues to be supportive of the requested front setback and building line variances,
as noted in paragraph C. of the staff report. The revised parking design will likely require
a variance or variances from the City's Landscape Ordinance. The City Beautiful
Commission must review and approve variances from this section of the code.
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APRIL 29, 2019
ITEM NO.: B CON'T. Z-9400
Revised Staff Recommendation:
Staff recommends approval of the requested front setback and building line variances,
subject to compliance with the following conditions:
Compliance with the Public Works and Landscape/Buffer requirements as
noted in paragraphs A and B of the staff report.
2. Completion of a one -lot replat reflecting the change in the front platted
building line as approved by the Board.
3. The City Beautiful Commission must approve any variances from the City's
Landscape Ordinance prior to a building permit being issued.
Board of Adjustment
(April 29, 2019)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by staff, including all staff comments and conditions. The
vote was 4 ayes, 0 noes and 1 absent.
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