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boa_01 29 2001i LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES JANUARY 29, 2001 FW1I��� I. Roll Call and Finding of a Quorum A Quorum was present being five (5) in number. II. Approval of the Minutes of the Previous Meetings The Minutes of the December 18, 2000 meeting were approved as mailed by unanimous vote. III. Members Present: Gary Langlais, Chairman William Ruck, Vice Chairman Norm Floyd Fred Gray Scott Richburg Members Absent: None City Attorney Present: Cindy Dawson I. NEW ITEMS 1. 2. 3. 4. 5. 6. LITTLE ROCK BOARD OF ADJUSTMENT AGENDA JANUARY 29, 2001 2:00 P.M. Z -5779-A 5322 Asher Avenue Z-6962 2020 N. Tyler Street Z-6963 2102 N. McKinley Z-6964 62 Pleasant Valley Dr. Z-6965 2901 Welch Street Z -3915-B 12024 I-30, Time Extension is CITY LIMITS u ML KING CHEST ARCH BROADWAY T MAIN 07 (\�\/�� • a � D y � Fn zl V THIBAULT cQ �ULLIVAN A pfppgQ/ n o RIDGE CITY LIMITS - s 80 AN S - RODNEY PARHAM as o - AC LE RD o SHACKLEFORO - ;E 'yy a �n RESERVOIR E JOHN BARROW ;HICOT i 9 F MI SSIPPI HUGHES r ,� v J GEYER PRINGS - UNIVERSITYI UNIVERSITY u ML KING CHEST ARCH BROADWAY T MAIN 07 (\�\/�� • a � D y � Fn zl V THIBAULT cQ Jo..uary 29, 2001 Item No.: 1 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: Staff Report: A. Public Works Issues: Z -5779-A O'Reilly Auto Parts 5322 Asher Avenue Long Legal I-2 Variances are requested from the sign areas provisions of Section 36-554. The applicant's justification is presented in an attached letter. Auto parts store, under construction Auto parts store No issues related to this sign variance. B. Staff Analysis: A new O'Reilly Auto Parts Store is being constructed on the I-2 zoned property located at 5322 Asher Avenue. O'Reilly proposes to erect one, ground -mounted sign on the Asher Avenue frontage. The sign will be a maximum of 30 feet in height and have an area of 112 square feet. The code limits ground -mounted signs in the I-2 district to 30 feet in height and 72 square feet in area. Staff is supportive of the requested sign area variance. The sign is designed with two components; the main identification portion which is 80 square feet in area and a message board which is 32 square feet in area. Dividing the total area of the sign into the two components reduces the overall visual impact of the sign. J._._uary 29, 2001 Item No.: 1 (Cont.) The property is one of several along Asher Avenue that have been proposed by staff for rezoning as a result of the Asher Avenue Corridor Study. This site has been proposed for rezoning from I-2 to C-3. The property owner has agreed to staff's recommendation. The rezoning request will be heard by the Planning Commission on January 25, 2001 and will be forwarded to the Board of Directors once a certificate of occupancy has been issued for the new building. Ground - mounted signs in the C-3 district may be up to 36 feet in height and may have an area up to 160 square feet. The proposed sign is both shorter and smaller in area than what is permitted in C-3. C. Staff Recommendation: Staff recommends approval of the requested sign area variance, as filed. BOARD OF ADJUSTMENT: (JANUARY 29, 2001) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved by a vote of 5 ayes, 0 noes and 0 absent. K December 20, 2000 Dana Carney Zoning & Subdivision Manager City of Little Rock Department of Planning & Development 723 W. Markham Little Rock AR 72201-1334 Re Sign Variance Request for Oreilly's Auto Parts Store 5322 Asher Avenue Little Rock Dear Mr. Carney, As we have discussed previously, Oreilly's is opening a new store on Asher Avenue. It is our understanding that the property is currently zoned I2, but that Oreilly's and the zoning department would like to have the property rezoned to C3. The pole -signs normally installed at a store location are 112 square feet and 30' in height and the building signs measure 146' square feet. While these signs would be less than the maximum allowed in a commercial zone, they exceed the allowable size in an industrial zone. Therefore we respectfully request that a variance be granted to allow the signs to be permitted under the commercial zoning allowances. The main reasoning for the request is timing, Oreilly's plans to open the store in February, and the zoning process will not be completed until March. To require Oreilly's to adhere to the industrial zoning requirements simply because the zoning process has been delayed seems unfair. I have talked with the corporate office concerning the rezoning, and they have assured me that, it is their intent to proceed with the rezoning as requested by the city. I understand that they will be sending you a letter concerning this matter. It is unfortunate that we cannot receive an administrative variance to allow us to proceed. In any case, it is very important that Oreilly's be allowed to install their signs prior to their opening, and they have requested that I represent them concerning the Sign Variance Request. Enclosed please find your application, site survey, sign drawings, building elevations and your check for the application fee. I appreciate your assistance in this matter, if you have any questions, or if I can be of any assistance, please call me at 800- 844-3155. DEC 28 '00 81016PM O REILLY RUTOMOTIVE P. 1/1 ' .►ffl AUTO PARTS.- P. ti Bax I IM 0 233 S. Patterson 3pr ngfleld, MNOW Phone (417)862-1733 www. MIXY8010, Coln $endeT'8 dimct dial 941"7-974.7103 Senders direetfax y417-374-7112 k�rainito�?Rore illYauto.corn December 28, 2000 VIA TFLECOPY #501-399-3435 DANA CARNEY ZONING & SUBDIVISION MANAGER CITY OF LITTLE ROCK RE: O'Reilly Auto Parts Store located on Asher and Fair Park Dear MT. Carney. We consent to the City of Little Rock's request that our property at the corner of Asher and Fair Park is rezoned to commercial use upon our receipt of a Certificate of Occupancy regarding our current -construction on this property. We desire to complete construction then take part in the rezoning effort. Please feel free to call me at (417) 874-7103 if you have any questions or concerns. Thank you for your attention to this matter. c: Saundra Wilkinson FOMILTR Yours very truly, O'REILLY AUTOMOTIVE, IN Kathleetl Prainit Corporate Counsel RIGHT PART, RIGHT PRICE GUARANTEE! J�_.uary 29, 2001 Item No.: 2 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: Staff Report: A. Public Works Issues: No issues. B. Staff Analysis: Z-6962 M. Jane Dickey and Don K. Barnes 2020 N. Tyler Street Lot 1, Block 23, Newton Addition R-2 Variances are requested from the accessory structure setback and area coverage provisions of Section 36-156. The applicant's justification is presented in an attached letter. Single Family Single Family The R-2 zoned property located at 2020 North Tyler Street is occupied by a one-story, brick and frame, single family residence and a detached, accessory structure. The accessory structure contains a one -car carport and a workshop. The applicants propose to remove the existing accessory structure and build in its place a new, two -car garage with room for storage and a hobby darkroom. The new structure is proposed to maintain the same 5 foot street side yard setback as the existing accessory structure. The code requires a street side yard setback of 15 feet for accessory structures. All other setbacks will be exceeded. 546 square feet of the proposed structure will be located in the required rear yard area. The code limits accessory structures to a rear yard area coverage of 30 percent; 375 J_uary 29, 2001 Item No.: 2 (Cont. square feet for this lot. The applicants propose a rear yard area coverage of 43.7 percent. Staff is supportive of the requested setback and area coverage variances. Although the proposed structure is somewhat larger than the existing carport/storage building, the visual impact from the street will not be much different. The new structure will maintain the same street side yard setback. The width of the new structure visible from Tyler Street is slightly larger than the width of the existing structure. The visual appearance of the new structure will be an improvement over the older, existing building which should be of benefit to the neighborhood. The structure is located 19 feet from the curb of Tyler Street, providing adequate back -out space and not creating a sight -distance issue. The other homes abutting Tyler Street front onto the intersecting streets and have a side yard relationship to Tyler. A side yard setback to Tyler Street of 5 feet is common. Although the proposed structure is larger than what is permitted by code, it is not so large as to be incompatible with the neighborhood. The more narrow side of the structure faces Tyler Street. The applicant proposes setbacks of 10 feet and 8 feet from the property lines on the south and west respectively, providing adequate separation from the neighboring properties. The rear yard is enclosed by a 6 foot tall, wood privacy fence which helps mitigate the visual impact of the structure. Staff believes it is reasonable to limit the structure to one-story in height. The applicant has not indicated otherwise. C. Staff Recommendation: Staff recommends approval of the requested street side yard setback and area coverage variances subject to compliance with the following conditions: 1. The structure is to be limited to one-story in height. 2. The brick driveway accessing the existing carport/storage building is to be removed. N 0—uary 29, 2001 Item No.: 2 (Cont.) BOARD OF ADJUSTMENT: (JANUARY 29, 2001) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with .the conditions outlined in the "Staff Recommendation" above. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent. 3 M. JANE DICKEY AND DON. K. BARNES January 5, 2001 Mr. Dana Carney Department of Planning & Development 723 West Markham Street Little Rock, AR 72201-1334 Re: Zoning Case File No. Z-6962 Dear Mr. Carney: We are writing to describe the proposal_ for the residential zoning variance referenced above. Our house sits on the southwest corner of North Tyler Street and Stonewall Road. Although the lot is oriented toward Stonewall Road (that is, it has 50 feet of frontage on Stonewall and 140 feet of frontage on North Tyler), the walks terminate on North Tyler Street and the house has a North Tyler Street address. The house was originally constructed in 1928 and was substantially remodeled in the late 1970s. We have owned the house since 1983. At present, there is a one -car carport with attached workshop just south of the house, with the back yard south of the workshop. We propose to raze these structures and construct a 2 -car garage 10 feet from the south property line. The new structure will also include a 12 foot by 8 foot storage room and a 12 foot by 8 foot hobby darkroom along its west side, away from the street. We have 3 vehicles and propose to have a parking pad south of the new garage to park the third vehicle. Our reasons for placing the garage so far to the rear of the lot are to allow light in the rooms on the south side of the house, place the rear yard close to the house rather than isolating it behind the garage, and preserve a mature Japanese red maple tree. We need it to be as large as it is so that it can include the areas for storage and a specialized hobby room. This placement of the garage at the back of the lot is consistent with many other 1920 - vintage houses in the neighborhood. Sincerely, M( a e Dickey 2020 NORTH TYLER STREET LITTLE ROCK, ARKANSAS 72207-4530 (501) 664-5823 DICKEY BARNES@SWBELL.NET JLaary 29, 2001 Item No.: 3 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: Staff Report: A. Public Works Issues: With Building Permit: Z-6963 E -Z Mart/Richard McKinney 2102 N. McKinley Lots B and 22, Westover Hills C-3 Variances are requested from the area regulations of Section 36-301 to permit construction of a gas island canopy. The irregular shape of the property limits the buildable area without a variance. Convenience store Convenience store 1. Pine Valley and McKinley are classified as commercial streets. Dedication of right-of-way 30 feet from centerline of existing road will be required. 2. A 20 -foot radial dedication of right-of-way will be required at the corner of Pine Valley and McKinley. 3. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. Eliminate driveways that do not meet ordinance requirements. 4. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvement to these streets including 5 -foot sidewalks with planned development. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. J aary 29, 2001 Item No.: 3 (Cont. B. Staff Analysis: The C-3 zoned property located at 2102 N. McKinley Street is occupied by a one-story, 3,880 square foot, commercial building. The building houses, a laundromat and a convenience store. The operator of the convenience store proposes to reinstall gas pumps on the site. A 24' X 52' canopy is proposed to cover the gas pump islands. The canopy is proposed to have a 5 -foot setback on both the McKinley Street and Pine Valley frontages. The code requires setbacks of 25 feet on both frontages. The lot is pie -shaped, coming to a point at the intersection of Pine Valley and McKinley. The unusual shape greatly reduces the available buildable area. Staff has concerns about the proposal. The lot is indeed unusually shaped, requiring variances for any additional structure to be built on the site. Staff's primary concern is that adding the canopy appears to result in overbuilding the site. Once the required right-of-way is dedicated for Pine Valley and McKinley, the canopy will have a 0 foot setback on both of those perimeters. The majority of the proposed canopy extends into the required setbacks. This 3,880 square foot commercial building requires 13 on-site parking spaces. Allowing the canopy to be built, as proposed, will eliminate several parking spaces, leaving only 10 spaces across the front of the building. The existing building itself extends into the setbacks along both streets and is built very near the rear (north) property line as a result of previous action by the Board of Adjustment in 1964. The canopy appears to be located within 15 feet of the curb of McKinley Street. The lots across McKinley, to the east, are occupied by single-family homes with typical 25± foot front yards. The visual effect of the canopy on these nearby residences could be negative. Staff also has significant concerns about traffic patterns on the site once the fuel pump islands are installed. As a result of these concerns, staff cannot support the variance request. C. Staff Recommendation: Staff recommends denial of the application. VA I J.-_aary 29, 2001 Item No.: 3 (Cont.) BOARD OF ADJUSTMENT: (JANUARY 29, 2001) Frank Riggins, of the Mehlburger Firm, was present representing the applicant. There were two interested parties present. These persons did not fill out attendance cards. Staff informed the Board that the applicant had requested that the item be deferred to the February 26, 2001 meeting to allow the architect time to prepare additional drawings. The item was placed on the Consent Agenda and deferred to the February 26, 2001 meeting by a vote of 5 ayes, 0 noes and 0 absent. 3 Ja__aary 29, 2001 Item No.: 4 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: Staff Report: A. Public Works Issues: With Buildina Permit Little Rock's First Baptist Church 62 Pleasant Valley Drive Long Legal Variances are requested from the area regulations of Section 36-254 and the building line provisions of Section 31-12. The applicant's justification is presented in an attached letter. Church Church 1. Construct sidewalk along Rodney Parham Road and Happy Valley Drive. 2. Rodney Parham is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline is required. 3. Happy Valley is classified on the Master Street Plan as a commercial street. A dedication of right-of-way to 30 feet from centerline will be required. 4.A 20 feet radial dedication of right-of-way is required at the corner of Rodney Parham and Happy Valley. B. Staff Analysis: Little Rock's First Baptist Church occupies the R-2 zoned property located at 62 Pleasant Valley Drive. The church fronts onto N. Rodney Parham Road and has a front yard setback of 40 feet. A 40 -foot building line extends along JM .aary 29, 2001 Item No.: 4 (Cont. the Rodney Parham frontage. The church proposes to construct a new entrance canopy onto the front of the building, providing covered access to the main entrance to the facility. The proposed canopy is to extend across the platted building line, resulting in a front yard setback of 22.25 feet. Once the required right-of-way for Rodney Parham Road is dedicated, the front yard setback will be 17.25 feet. The code requires a front yard setback of 25 feet in the R-2 district. Staff is supportive of the requested variances. When the church was constructed in the mid-1970s, a covered drop-off was built at the rear, lower level. No covered drop-off was constructed near the main entrance. This requires elderly, physically disabled and other members and guests to make their way through the length and various levels of the building to access the main sanctuary. The proposed canopy will be set back 40 feet from the curb of Rodney Parham Road. The canopy is 26 feet in width, a very small dimension intruding into the front setback of this 800+ feet wide property. The canopy will remain open and unenclosed on the front and sides. The properties across Rodney Parham Road are occupied by single-family homes that are set back well away from Rodney Parham Road. The proposed canopy addition should have no impact on nearby residential properties or on traffic on Rodney Parham. If the Board approves the building line variance, the applicant will have to do a one -lot replat reflecting the change in the building line for the canopy. The applicant should review the filing procedure with the Circuit Clerk's Office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested setback and building line variances subject to compliance with the following conditions: 1. A one -lot replat reflecting the change in the building line as approved by the Board. 2. Compliance with Public Works Comments including any variance or waiver of those requirements as may be E J, nary 29, 2001 Item No.: 4 (Cont.) granted by the Director of Public Works or the Board of Directors. 3. The canopy is to remain open and unenclosed on the front and sides. . BOARD OF ADJUSTMENT: (JANUARY 29, 2001) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent. 3 { ROARK • PERKINS • PERRY • YELVINGTON 713 WEST SECOND STREET LITTLE ROCK, ARKANSAS 72201-2287 0 501372-0272 0 FAX 501372-3645 December 5, 2000 Mr. Dana Carney Department of Planning & Development Board of Adjustments City of Little Rock 723 W. Markham Little Rock, AR 72201 Re: Building Line & Setback Variance Little Rock's First Baptist Church Dear Mr. Carney: As we have discussed, attached is the information required for the above-mentioned project, to be on the January 29th agenda. RPPY Architects (Tim Yelvington, A.I.A.) will be representing the church during the meeting. Please address all concerns or comments to me. The existing church was constructed in the 70's, therefore, the front door(s) leading directly into the sanctuary are on the front of the building. These doors are on the building setback and there is a problem with elderly or physically disabled being dropped off entering directly into the sanctuary. At this time, they must enter on a lower level on the north end near the back of the building. Once they are dropped off, they must find their way to the elevator or a stair to go up to the sanctuary floor level. In our professional opinion, this is a hardship, therefore, we are asking for a variance in the building line and setback line for a new canopy to be constructed on the front of the existing building. This will enable the elderly, physically disabled, and other members or guests to be dropped off under a covered drive and enter directly into the sanctuary. RPPY Architects and LRFBC feel this is a better solution for an ongoing problem. Thank you for your consideration and all the help you have given me in regard to this project. Sincerely, ROARK•PERKINS•PE Y•YELVINGTON Timothy S. Yelvington, A.I.A. TSY/bp Ju_._aary 29, 2001 Item No.: 5 File No.: Z-6965 Owner: Billy Thomas Address: 2901 Welch Street Description: Lots 9 and 10, Block 3, Owen's Subdivision Zoned: I-2 Variance Requested: Variances are requested from the pavement requirements of Section 36-508, the buffer requirements of Section 36-522 and the screening provisions of Section 36-523. Justification: Additional time is required to obtain funding. This business was operated only a part-time basis (Friday and Saturday) until recently. Present Use of Property: Restaurant and lounge Proposed Use of Property: Restaurant and lounge Staff Report: A. Public Works Issues: 1. Paving of first 25 feet will be required to prevent gravel dragging to the streets. With Building Permit: 2. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvement to these streets including 5 -foot sidewalks with planned development. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. J'. aary 29, 2001 Item No.: 5 (Cont.) B. Staff Analvsis: The I-2 zoned property located at 2901 Welch Street is occupied by a restaurant and lounge, Billy Gene's place. In 1997, a building permit was issued to allow for a 959.3 square foot expansion of the existing building. Associated with the building expansion was a required upgrade in parking, landscaping and buffers/screening. The addition was completed and occupied. The other required elements were never completed. The Planning Department has recently assigned a code enforcement officer to the task of enforcing the City's landscape requirements, including following up on incomplete projects such as this. The applicant was issued a notice on November 9, 2000 advising him that he was in violation and directing him to complete the required paving, screening and landscaping. The applicant has requested additional time to secure funding. He states the business was, until recently, operated only on a part-time (Friday and Saturday) basis and did not generate the income accessory to pay for the required improvements. A copy of the approved site plan is attached. To date, no improvements have been made. The site has only a gravel - covered parking lot. There is a 6 -foot tall, wood privacy fence along the east perimeter and along the north perimeter where the site is adjacent to a single-family residence. Although the applicant has had over three years to complete the required improvements, staff is willing to support an additional 12 -month deferral. This support is based on the following reasons: 1. To staff's knowledge, there have been no neighborhood complaints. The issue was found as a result of follow-up by staff. 2. Staff must accept part of the blame for not more diligently following through on required inspections that would have prevented this situation from taking 3 years to be brought to light. The applicant was only advised in November 2000 that he was in violation. 3. The applicant states additional time is needed to secure funding due to the business being operated only on a part-time basis until recently. 2 J, _wary 29, 2001 Item No.: 5 (Cont.) C. Staff Recommendation: l Staff recommends approval of a 12 -month deferral, through January 29, 2002, subject to compliance with the following conditions: 1. Within 30 days, the following steps must be taken: a. Temporary devices, such as crossties, must be extended across the Welch Street perimeter of the parking lot, leaving only a 25 -foot wide entrance to control access to the site. b. The entrance to the parking lot from Welch Street must be paved to a depth of 25 feet to prevent gravel being dragged onto the street. 2. Compliance with Public Works Comments including any variance or waiver of those requirements as may be granted by the Director of Public Works or the Board of Directors. 3. By January 29, and landscaped dated February March 11, 1997. BOARD OF ADJUSTMENT: 2002, the site must be paved, screened to conform to the approved site plan 10, 1997 and approved by staff on (JANUARY 29, 2001) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions noted above in the "Staff Recommendation" and the following additional condition: 4. Within 30 days, the applicant is required to obtain a temporary certificate of occupancy for the addition. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent. 3 J�_._aary 29, 2001 Item No.: 6 File No.: Name: Z -3915-B CalArk Trucking Address: 12024 I-30 Type of Issue: 12 -month extension of previously granted 36 month deferrals of the paving requirements of Section 36-508. Staff Report: CalArk Trucking Company is located at 12024 I-30; a 30± acre, C-4 zoned tract bounded by Otter Creek Road on the north and I-30 on the southeast. The trucking company is located on the western 22± acres of the tract. On November 24, 1997, the Board of Adjustment granted a two-year deferral of the paving requirements of Section 36-508, allowing the trucking company to utilize a gravel parking area for the company's trucks and employee vehicles. There was some question, at that time, of a possible realignment of the Otter Creek Road overpass over I-30 which could have affected this site. That two-year deferral expired on November 24, 1999. On November 11, 1999, the Planning Commission approved a preliminary plat, dividing the easternmost 8± acres of the site into 4 lots which are to be sold for potential development by other parties. CalArk stated it was uncertain how the truck terminal facility would be "laid out" on the remaining property. It appeared that the possible realignment of the overpass was no longer an issue. The 4 -lot plat was approved without the realignment issue being of concern, other than for some specific driveway placement. On January 31, 2000, the Board approved an additional deferral, through November 24, 2000. Although staff supported the additional 12 months, it was clear that the support was only for a deferral through November 24, 2000. The applicant is now requesting an additional 12 months deferral of the paving requirement. The justification offered by the applicant is the same as previously offered; it is uncertain how the property will "layout" for a truck terminal once the easternmost portion is developed into the previously approved 4 lot subdivision. J' .aary 29, 2001 Item No.: 6 (Cont.) Staff is not supportive of an additional deferral. Staff questions whether any steps have been taken toward development of the 4 -lot subdivision which is being touted as justification for the deferral. At some point, a decision must be made and the site developed to comply with City Code. It may very well be that the preliminary -plat that was approved on November 11, 1999 has expired. Section 31-94(e) of the Subdivision Ordinance states: (e) A preliminary plat approved by the planning commission shall be effective and binding upon the commission for one (1) year from the date of approval or as long as work is actively progressing, at the end of which time the final plat application for the subdivision must have been submitted to the planning staff. Any plat not receiving final approval within the period of time set forth herein or otherwise conforming to the requirements of this chapter shall be null and void, and the developer shall be required to submit a new plat of the property for preliminary approval subject to all zoning restrictions and this chapter. C. Staff Recommendation: Staff does not recommend approval of the requested 12 -month extension of the previously granted deferrals of the paving requirement of Section 36-508. BOARD OF ADJUSTMENT: The applicant, Chuck Reimer, was present item. (JANUARY 29, 2001) Staff presented the Mr. Reimer addressed the Board in support of his request. He stated there had been some interest in the 4 lots, but nothing definite. Mr. Reimer stated that he had spoken with Arkansas Highway and Transportation Department representatives and, due to the pending change to one-way traffic for access roads, the issue of a possible realignment of the Otter Creek overpass had resurfaced. In response to a question from Fred Gray, Mr. Reimer stated that the 4 lots were listed with the Hathaway Group realtors. He stated the lots were well -signed and had been actively marketed. Mr. Reimer stated he would like to see how the 4 retail lots 2 IT, .nary 29, 2001 Item No.: 6 (Cont.) develop prior to finalizing plans for the truck terminal so that truck traffic did not interfere with the retail traffic. Mr. Reimer reiterated that there was still uncertainty about the status of the Otter Creek overpass. He stated he had no idea why AHTD was taking so long to make a determination about the overpass. At the request of the Board, Mr. Reimer approached and showed the location of the 4 lots in relationship to the truck facility. Norm Floyd questioned whether the site was in the floodway. Staff responded that the truck parking area in question was in the floodplain, not the floodway. Scott Richburg asked if AHTD had given any indication of when a decision would be made regarding the overpass. Mr. Reimer responded that he had not been told of any time frame. Mr. Richburg commented that it could take months for a decision to be made and years for the lots to be sold and developed. Mr. Richburg stated that, at some point, the site needed to be properly developed. Fred Gray stated that he perceived Mr. Reimer's concern being that he did not want to pave the site and then have somebody purchase a lot or lots. He asked Mr. Reimer if the 4 -lot area was not actually needed for the truck terminal since the plan was to sell that portion of the site. Mr. Reimer agreed with Mr. Gray's assessment. Norm Floyd asked if there was no plan for expanding the terminal. Mr. Reimer responded that there were no plans to expand the terminal itself. Fred Gray asked if it would take the sale of one lot or all 4 lots for the truck terminal plans to be finalized. Mr. Reimer responded that it would require the sale of all 4 lots to assure that there would be no conflict between the activities. Norm Floyd asked if there was not some reasonable boundary that could be established and developed for the truck terminal use. Mr. Reimer responded that it depended upon the potential users of the retail lots; that the lot sizes could change and could involve expanding further onto the truck terminal site. Norm Floyd commented that Cal Ark Trucking was an asset to the City but that the gravel lot was creating a problem. He stated 3 J,, wary 29, 2001 Item No.: 6 (Cont.) he was in favor of an additional year deferral but would like to see some good faith effort on Cal Ark's part. Gary Langlais commented that waiting on the 4 lots to sell and develop could take years. William Ruck commented that he was familiar with AHTD's plans for the interchange and how those plans had "bounced around". He stated he was in favor of granting one more year to see what AHTD has "up its sleeve". Fred Gray asked if it was possible to grant an extension and to make a definitive statement that it would be the last deferral. Staff responded that such a statement could be made part of the record and would be considered by the Board in any further requests for deferrals. Fred Gray asked Mr. Reimer if 12 months was a "magic number". Mr. Reimer responded that it was not. Mr. Gray asked if it would be inconvenient to return to the Board in 6 months for an update. Norm Floyd commented that he had seen AHTD's plans for widening I-30 and that he did not expect there would be any definite actions taken within 6 months. Scott Richburg stated he wanted to go on record as supporting the deferral due to questions about the plans for I-30 and the overpass, not due to issues about the sale of the 4 lots. A motion was made to approve an additional deferral, through January 30, 2002. The motion was approved by a vote of 5 ayes, 0 noes and 0 absent. 4 The Irbeels of American business December 11, 2000 Mr. Dana Carney Department of Planning & Development 723 West Markham Little Rock, AR 72201 P.O. Box 990 RE: Extension of Paving Requirements of Section 36-508 Mabelcale, AR 72103.0990 Dear Mr. Carney: I am writing to request an extension to the zoning variance granted to CalArk in January of 2000. Our request, as was the previous, to extend is that we are in the process of selling a portion of the property, approximately 7 acres for retail development, and it is uncertain how the property will layout for the Truck Terminal at this time. Therefore, I would like to request an additional 12 months extension. You may contact me at 455-3399, ext. 43300, if you have any further questions. (::uzck y, Re er - -L President Cc: Office of the City Attorney 501/455-3399 800/434-3399 501/455-5241 FAX FCT:T',TAt k. -4 - DK 2000 11 0 NW 1�.1.� LWL 1� 0 F - 5Z L V Q LL 0 0 Q 0 m H J Cl) O � � Q [if MCCD Z O W g (D J_ �zct� OJ u-Q�� Z Lr W d m = Y �OC7g�� H Cl) Q 0 Z f: g OJ < Z CD U 0 MA 7 21 W Q Z W Q January 29, 2001 There being no further business before the Board, the meeting was adjourned at 2:45 p.m. Date: 2 /f Z- 00 IP I X�� Zoe/ -- Chairman