boa_02 26 1979LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY AND MINUTE RECORD
FEBRUARY 26, 1979
2:00 P.M.
I. Call to order and finding of a quorum
A quorum was present being six in number.
II. Approval of the minutes of the previous meeting
The minutes of the January meeting were approved as
mailed out.
III. Members present:
Members absent:
Samuel Anderson
Jim Summerlin
Jerry Wilcox
Jack Taylor
Ray Fureigh
Marcelline Giroir
Kirby Smith
City Attorney: Jack Magruder
February 26, 1979
Item No. 1 - Z-3313
Owner: Ray and Mabel Huckabay
Address: 1516 Cumberland Street
Description: Lots 4 and 7, Block 18, Original City
Zoned: "D" and "E" Apartment
Variance: Request permission under the provisions
of Section 43-22 (4) (d) to establish
accessory parking lots in residential
districts.
Present Use of
the Property: Vacant (one lot paved with asphalt).
Proposed Use of
the Property: Parking Lots.
Staff Recommendation:
Staff recommends denial based upon the following
considerations:
1. The lots are neither contiguous to the use to which
they would be an accessory nor to each other (which
might allow for proper parking lot development).
2. The proposed use is not compatible with surrounding
residential land uses.
3. The request is not reasonable in that it asks the City
to solve a problem created by the applicant himself.
Board Action:
Staff told the Board that the applicant had not filed his
proof of notices. Because of the lack of notice to abutting
property owners by the applicant, the Board deferred
consideration of this application until March 19, 1979, with
the notation that the applicant must mail notices to his
neighboring property owners as directed.
February 26, 1979
Item No 2. - Z-3314
Owner: Mary Corinne Lindner
By: Fred Graves
Address: 1723 N. Mississippi
Description: Southeast corner Mississippi and Ohio.
Zoned: "A" One Family
Variance: Request permission under the provisions
of Section 43-22 (4) (d) to locate a
day-care facility in a residential
district.
Present Use of
the Property: Vacant single family residence.
Proposed Use of
the Property: Modified day-care service (after
school).
Staff Recommendation:
Staff recommends denial on the basis of the following
considerations:
1. The lot contains less than 6,500 sq. ft., substandard
for the "A" zoning district, and appears too crowded by
the house and fence for the proposed use.
2. Traffic handling at this location would be problematical
as the 11.9 ft. setback from Mississippi and the 9.6 ft.
setback from Ohio Street are neither sufficient to
provide proper access (ingress or egress).
3. Congestion and traffic flow at the intersection
certainly would not provide safe, temporary stoppage on
either street to solve this problem.
4. Required off-street parking would likely eliminate all
or most of the required open space (requirement is by
the State of Arkansas) .
February 26, 1979
Item No 2. - Z-3314 Continued
Board Action:
The applicant was present and there were no objectors.
Ben McMinn representing the applicants stated that there
were no objections that they were aware of from the
neighbors. He stated further that the property was not
suitable for single family residential use and disputed
traffic and parking statements the staff had made in its
recommendation. The applicant, Fred Graves, also answered
some questions from the Board regarding his use. After
lengthy discussion, the Board moved to deny the application.
The motion failed - 2 ayes, 4 noes, 1 absent. The Board
then moved to defer the petition and have the applicant
submit a site plan of his proposed development at the next
Board meeting. That motion passed - 6 ayes, 0 noes, 1
absent.
February 26, 1979
Item No 3. - Z-3316
Owner: Trustees of the Calvary Baptist Church
By: Ralph M. Cloar, Jr.
Address: 1903 N. Pierce
Description: Lots 1, 2, and 12, Block 11, Mountain
Park Addition.
Zoned: "A" One Family
Variance: Request permission under the provisions
of Section 43-22 (4) (d) to establish an
accessory parking lot in a residential
district.
Present Use of
the Property: Single family residences and parking.
Proposed Use of
the Property: Parking lot.
Staff Recommendation:
Staff recommends approval with the conditions as follows:
1. All structures be removed from lots to be used for
parking, specifically those lots listed above.
2. That an overall site development plan be prepared and
submitted indicating long-range plans for development
and use of this entire block.
3. That the alley in this block be closed.
4. That the block be replatted into a single property
incorporating all twelve lots and the alley.
Board Action:
The applicant was present. He introduced Charles Foster of
the Bert Taggart Architectural Firm who discussed the
development as it pertained to Lot 2, and talked further
about finish contours of the property and some of the other
technical considerations which had been discussed by the
Board. There were no objectors to the application. After a
lengthy discussion of the advisability of developing Lot 2,
the Board moved to approve Lots 1 and 12, thereby, not
approving the use of Lot 2 with the conditions listed above
by the staff recommendation. The motion passed - 5 ayes,
0 noes, 1 absent and 1 abstention by Board member
Jim Summerlin, citing conflict of interest.
February 26, 1979
Item No 4. - Z-3319
Owner: Markham Inn, Incorporated
By: Scott Farrell
Address: 5116 "A" Street
Description: West 1/2 of Lot 12, and all of Lots 13
and 14, Block 6, Pfeifer Addition.
Zoned: "B" Residence
Variance: Request permission under the provisions
of Section 43-22 (4) (d) to establish an
accessory parking lot in a residential
district.
Request variance from Section 43-14 (2)
to permit encroachment into a required
rear yard.
Present Use of
the Property: Vacant (condemned) house/motel.
Proposed Use of
the Property: Parking Lot/Motel.
Staff Recommendation:
Staff recommends approval on both issues as follows:
1. Screening on parking areas be developed as shown on the
site plan with staff notations.
2. Removal of certain parking stalls to fulfill setback
requirements as shown and waiver of any parking space
shortages created by this action.
3. Elimination of access to "A" Street from the far eastern
parking lot shown on the site plan.
February 26, 1979
Item No 4. - Z-3319
Board Action:
The applicant was present, and he proceeded to show a scale
model of the project to the Board. He discussed the overall
plans for development on the property, and briefly filled in
the Board with information regarding the history of the
project development. He also told of the "Town Meeting"
which was held in the neighborhood at which time he and
other representatives of the Markham Inn had explained the
project in detail and his feeling that the "Town Meeting"
had answered most of the questions that the neighbors had
had about the project.
A Mrs. Jones who owns 5115, 5117 and 5119 "B" Street was
present and objected to the development of the three lots of
the applicants property for parking. In addition, Ms.
Powell of 5109 "A" Street was present and stated her many
concerns regarding the use of the property by the Markham
Inn and sewer problems which had occurred in their
neighborhood and various other concerns that she had.
After lengthy discussion, the Board moved to approve the
petition with the conditions that staff had cited specifying
in Item No. 1 that such screening wherever required by
ordinance would be of a solid opaque material specifically
excluding the use of shrubbery. In addition, the motion was
amended to include the condition that this variance for
parking only was valid if the applicant obtains his zoning
presently under consideration by the Little Rock Board of
Directors to build his development. The motion was passed -
5 ayes, 1 no, 1 absent.
There being no further business the meeting was adjourned.
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