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boa_02 28 2000LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES FEBRUARY 28, 2000 2:00 P.M. 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 January 31, 2000 meeting were approved as mailed by unanimous vote. III. Members Present: Gary Langlais, Chairman William Ruck, Vice Chairman Norm Floyd Scott Richburg Fred Gray Members Absent: None City Attorney Present: Cindy Dawson LITTLE ROCK BOARD OF ADJUSTMENT AGENDA FEBRUARY 28, 2000 2:00 P.M. I. VARIANCE ITEMS 1. Z-6816 5812 Hawthorne Street 2. Z-6818 4920 Hawthorne Street 3. Z-6820 1112 West 2nd Street 4. Z -6754-A 200 East Markham Street II. OTHER MATTERS 5. Z-6174 2500 Cantrell Road; Paving Deferral Time Extension 0 0 0 OC) -I N CIO cnlllltl81H1 3NId a31ZVa3 O � W NtlWa3a nNo NIV AVMOtlOa HOV �1�b1 a312HO a3H3aO 0 _ Ei 9NIN lW MOaOOOM S 3NId 133s yOdV _ (V O 3NId N011iWV 11OOS s �N/yds O v' BOJ J �� td Nada 1" u CID J A115a3AINfl AlISa3 O SONIad a3A0 S3HOf1H i IddISS IA z 1O3IHO alONa353a _ cid Y MUMB NHOP zI 3 1 3NN1 H _ O8OJ31NOVHS $ SIOaVS Oa 31 oV — 0 o WVHatld A3NOOa o N 0 < SilWll ALIO Jy x 3OO1a AWV� � r n est 44, NVAIIIOS lavM3ls /rsy�`Y S11WIl Allo h OQ O o O dlO1NJ 31VONa33 r FeL-nary 28, 2000 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: No issues. B. Staff Analysis: Z-6816 Mark and Tammie Davis 5812 Hawthorne Lot 8, Forest Heights Place R-2 Variances are requested from the area regulations of Section 36-254 to permit construction of an addition with reduced side and rear yard setbacks. The applicant's justification is presented in an attached letter. Single Family Single Family The R-2 zoned lot located at 5812 Hawthorne Road is occupied by a 1,477 square foot, one-story, frame, single-family residence. The applicants propose to construct an addition onto the rear of the house. The addition will contain a den, a small office, a master bedroom and bath, a utility room and a carport. The addition will have a side yard setback varying from 4 feet to 3 feet on the west side and will have a rear yard setback of 0 feet where the lot abuts "V" Street on the rear. The Code requires a side yard setback of 6 feet and a rear yard setback of 25 feet for this lot. Staff believes the variance requests to be reasonable. Two accessory structures, located in the area of the proposed FeL-aary 28, 2000 Item No.: 1 (Cont. addition, will be removed. These accessory structures, a garage and a storage building, have side yard setbacks of 3 feet. The one story addition will be designed in a style which is compatible with the existing home. "V" Street, although it has a 30 foot right-of-way, functions more like an alley. Numerous homes that front onto Hawthorne Road take rear yard access off of "V" Street to carports and garages. No homes front onto "V" Street. Other homes that front onto the intersecting streets have a side yard relationship to "V" Street. These homes and their accessory buildings have reduced setbacks to "V" Street. The rear 18 feet of the addition will be an open carport. The closest edge of the carport will set back 9-10 feet from the edge of the pavement of "V" Street. The property adjacent to the west is occupied by a single family residence with an 8± foot setback. This adjacent property also has an open carport structure near the rear property line. The carport is located on the western side of the property, providing adequate setback between structures, even with the 3 foot variance on the applicant's property. A privacy fence separates the two properties. The overhang on the applicant's proposed addition should be limited and guttering should be installed to prevent water run-off onto the adjacent property. C. Staff Recommendation: Staff recommends approval of the requested side and rear yard setback variances to allow the proposed one-story addition subject to compliance with the following conditions: 1. The overhang on the west side of the addition is to be limited to no more than 6 inches. 2. Guttering or another approved device is to be installed on the west side of the addition to prevent water run- off onto the adjacent property. 3. The rear 18 feet of the addition is to be an open carport which is to be unenclosed on all sides other than at the point it adjoins the house. 4. No portion of the addition, including eave or overhang, is to extend beyond the rear property line into the "V" Street right-of-way. E F�- aary 28, 2000 Item No.: 1 (Cont. 5. The existing fence along the rear property line is to be relocated 3 feet to the south, out of the "V" Street right-of-way. BOARD OF ADJUSTMENT: (FEBRUARY 28, 2000) The applicant was present. There were no objectors present. Letters of support had been received from the owners of the adjoining properties at 5810 and 5820 Hawthorne. Staff presented the item and a recommendation of approval subject to compliance with the 5 conditions noted 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 January 20, 2000 Mark and Tammie Davis 5812 Hawthorne Road Little Rock, Arkansas 72207 Board of Adjustment Department of Planning and Development 723 West Markham Little Rock, Arkansas 72201 Dear Sir or Madam: My husband and I are seeking a residential zoning variance for our home located at 5812 Hawthorne Road, which we recently purchased on December 1, 1999. The home currently has 1,477 square feet of living area as well as a detached single -car garage (see attached Exhibit A). It is our desire to expand our home by approximately 1,200 square feet of living area plus an attached two -car carport. The lot on which our house is located has rear access by means of V Street. Our plans entail the removal of the existing garage and the building of the new addition in its place, which would extend back on our lot towards V Street. The carport would be located at the rear of the addition thus allowing for access from V Street. The design of the carport is similar to that of our next door neighbor's (see attached Exhibit B). Furthermore, the homes directly behind ours have their garages located on V Street, thus we feel the addition will not lessen the enjoyment of their homes (see attached Exhibit Q. Also, both neighbors bordering our property have privacy fences (see attached Exhibit D for picture of east -boundary neighbor's fence). This plan best fits with the internal structural configuration of our home due to the location of doors and windows as well as the home's natural roof line. Moreover, due to the smallness of the lot, specifically its narrowness (60 feet), any alternative plans would consume our back yard in addition to generating major renovations to the existing structure. It is our intention to maintain the character and integrity of the neighborhood. We have designed our plans to fall in line with those of other homes surrounding ours. We enjoy our neighborhood and will do everything possible to maintain its charm. We appreciate your consideration in this matter. Sincerely, Tammie S. Davis Fei -nary 28, 2000 Item No.: 2 File No.: Z-6818 Owner: The Estate of Maude Rogers, Cita Cobb, Executor/ James Williams, Agent Address: Description: Zoned: Variance Requested: 4920 Hawthorne West 1.2 of South 1-2, Block 1, Newton's Addition R-2 Variances are requested from the area regulations of Section 36-254 to permit construction of a new residence with reduced front and rear yard setbacks. Justification: Applicant's Statement: Due to the extremely large right-of-way (80') along Hawthorne Street and the previous reduction in lot depth from 140 to 103.5 feet, at some time in the past, the resulting lot with typical setbacks leaves unreasonable area for construction of a home of today's needs. The owners are asking for a waiver from 25' to 20' on the front yard setback. The rear yard request is from 25' to 3' to allow for an enclosed 2 car garage with storage. The existing carport is presently approximately 7' from the rear property line. The rear property line has a brick wall which the owners intend to have remain. Also the property owners on the north side of this boundary line have a driveway which is being shared and would prohibit any future construction within 25' or 30' of that line. Fe _nary 28, 2000 Item No.: 2 (Cont.) Present Use of Property: Proposed Use of Property: Staff Report: A. Public Works Issues: No issues. B. Staff Analvsis: No waivers are being asked for in excess of the 8' sideyard setbacks. Single Family residence (to be removed) Single Family residence (new) The R-2 zoned property located at 4920 Hawthorne is currently occupied by a two-story, brick and frame, single family residence and a detached, two -car carport. The applicant proposes to remove these structures and build in their place a new, two-story, brick and frame, single family residence with an attached, two -car garage. The new house is proposed to have a front yard setback of 20 feet and a rear yard setback of 3 feet. The Code requires a front yard setback of 25 feet and a rear yard setback of 25 feet for this lot. The required 8 foot side yard setbacks will be met or exceeded. There is no building line issue. Staff believes the variance requests are reasonable. Hawthorne Street has a right-of-way of 80 feet, much larger than the typical 50 foot right-of-way required for a residential street. Even with the reduced front yard setback of 20 feet, the house will be located 50 feet away from the curb of Hawthorne Street. It appears that the new house will be set back from the street as much or more than other houses in the area. The existing carport structure has a rear yard setback of 7 feet. If the proposed new garage were built as an accessory structure, it could be built to within 3 feet of the rear property line. Since it is part of the house, it has the 25 foot setback requirement. The setback reduction is requested for only the garage, the bulk of the new residence will be located 30± feet from the rear property line. A brick wall is located along the rear property line and beyond the wall is a driveway/access easement which serves two residences. This driveway functions as an alley and provides adequate 2 Fe aary 28, 2000 Item No.: 2 (Cont.) separation between structures on the two lots. The applicant's property is only 103.5 feet deep, much less than the typical 140 foot lot depth in the area. This reduced lot depth, when combined with the 80 foot Hawthorne Street right-of-way, does create a hardship particular to the property, justifying the variance. C. Staff Recommendation: Staff recommends approval of the requested front and rear yard setback variances, as filed. BOARD OF ADJUSTMENT: (FEBRUARY 28, 2000) 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. 3 February 28, 2000 Item No.: 3 File No.: Z-6820 Owner: Sheila Campbell, Owner/Ron Bene Woods, Applicant Address: 1112 West 2nd Street Description: Lots 10 and 11, Block 295, Original City Zoned: C-4 Variance Requested: Variances are requested from the area regulations of Section 36- 302 to permit construction of a new office building with reduced front and side yard setbacks. Justification: Applicant's Statement: The property is zoned C-4 which carries a forty-five (45) foot front yard setback, fifteen (15) foot side yard setback and a twenty-five (25) foot rear yard setback. Our property is approximately 100' X 150' which doesn't allow for these large setback areas. We are proposing to build a new building at the same locations where an existing building we were renovating burned down. In order to get the building, parking, and required landscaping on the site, we are requesting the following variances: • 20 ft. front yard setback • 6 ft. side yard setback along west property line Present Use of Property: Vacant lots Proposed Use of Property: One story, office building (Sheila Campbell Law Offices) Fel-aary 28, 2000 Item No.: 3 (Cont.) Staff Report: A. Public Works Issues: With Building Permit 1. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. 2. Property Frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Plans of work in right-of-way shall be submitted for approval prior to start of work. B. Staff Analysis: The applicant proposes to construct a new, one-story office building on the vacant, C-4 zoned lots located at 1112 West 2nd Street. The proposed new building will have a front yard setback of 20 feet and a side yard setback on the west side of 6 feet. The Code requires a front yard setback of 45 feet and a side yard setback of 15 feet for this lot. Staff is supportive of the requested variances and is encouraged by this infill development. The property, as is much of this area of downtown, is zoned C-4. C-4, Open Display commercial, is a suburban zoning designation which is inappropriate for the urban core. Steps are being taken to rezone the entirety of the City's core to a designation more conducive to urban development. C-4, with its large setback requirements, is more appropriate along heavily traveled arterials and requires a larger tract of land. The proposed front yard setback is in character with other structures in the area. The buildings which front onto West 2nd, east of Ringo Street, have front yard setbacks of 10-15 feet. The property adjacent to the west is developed as a parking lot. Allowing the reduced side yard setback will have no effect on that property. C. Staff Recommendation: Staff recommends approval of the requested front and side yard setback variances subject to compliance with the following conditions: E F�. aary 28, 2000 Item No.: 3 (Cont.) 1. Compliance with the City's Landscape and Buffer Ordinances 2. Compliance with Public Works Comments including any variance or waiver of those requirements as may be granted by the Public Works Director or the Board of Directors. BOARD OF ADJUSTMENT: (FEBRUARY 28, 2000) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the two conditions noted in the "Staff Recommendation" above. Staff informed the Board that the applicant had mailed the required notices 7 days prior to the meeting, not 10 days as required by the Board's bylaws. After a brief discussion, a motion was made to waive the bylaws and approve the notices as done by the applicant. The vote was 5 ayes, 0 noes and 0 absent. 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 Fei-nary 28, 2000 Item No.: 4 File No.: Owner: Address: Z -6754-A Greater Little Rock Chamber of Commerce 200 East Markham Street Description: Parts of Lots 3, 4, 5 and 6, all of Lots 7, 8, 9, 10 and part of Lot 11, Block 34, Original City Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: Staff Report: A. Public Works Issues: GB Variances are requested from the sign lighting and changeable copy provisions of Sections 36-547 and 36-548 to allow a large, outdoor video informational display screen. The applicant's justification is presented in an attached letter. Vacant block New Greater Little Rock Chamber of Commerce Building, under construction No issues related to this sign variance. B. Staff Analysis: The Greater Little Rock Chamber of Commerce is building a new facility on the property located at 200 East Markham Street. The main entrance plaza will be located at the southwest corner of the building, facing the Markham Street/Scott Street intersection. The Chamber proposes to install a large, outdoor video informational display screen on the front of the building, over the main entrance. The video screen will feature animated graphics and images, Fe _nary 28, 2000 Item No.: 4 (Cont. conveying such possible information as time, temperature, a stock ticker, event details and general image -related visuals of a promotional nature. The applicant has stated that the video screen can also function as a "jumbo-tron" television and could display television feeds of special events. Although staff is supportive of the proposal and believes the video screen will add to the unique tourism and entertainment district which is being developed along Markham Street, we felt the request went beyond staff's authority to approve. Particularly, staff felt there was enough "gray area" in Sections 36-547 and 36-548 of the Code to merit bringing the issue to the Board. The pertinent portions of Sections 36-547 and 36-548 are as follow: Sec. 36-547. Lighting. Unless otherwise specified by this chapter, all signs may be illuminated. However, no sign regulated by this chapter may utilize: (4) Any device that allows oscillating, rotating or flashing lights. (5) Animation manifesting either kinetic or illusionary motion occasioned by a natural manual, mechanical, electrical or other means. (6) The illusion of movement by means of a preprogrammed repetitious sequential switching action in which illuminated elements of the sign are turned off or on to visually simulate the impression of motion characteristic of chasing, running, blinking, oscillating, twinkling, scintillating, or expanding and contracting light patterns. Sec. 36-548. Changeable copy. Unless otherwise specified by this chapter a sign may use changeable copy, limited to: (1) Manually activated: Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered by manual means. (2) Electrically activated: Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed surface composed of 2 F� uary 28, 2000 Item No.: 4 (Cont.) electrically illuminated or mechanically driven changeable segments. However, in no instance shall these types of signs produce the illusion of movement or animation prohibited by Section 36-547. A sign is defined by the code as: "Any device, structure, fixture or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods or services." Staff believes this proposed device is a unique, informational marquee and not a true sign as defined by the code. As such, it is appropriate to allow its installation on the Chamber building. C. Staff Recommendation: Staff recommends approval of the requested variances to allow the large, outdoor video informational display screen as described by the applicant. BOARD OF ADJUSTMENT: (FEBRUARY 28, 2000) 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. 3 FROM : ' JO� aTY PHONE NO. : 501 374 6018 ( Jan. 28 2000 11:33AM P2 January 28, 2040 Mr. Gary Langlais, Chairman Little Rock Board of Adjustments City of Little Rock 723 W. Markham Little Rock, AR 72201 Dear Mr. Langlais: The Greater Little Rock Chamber of Commerce has embarked on a major project, tied to the further economic growth of Little Rock and all of Central Arkansas. Currently, we have under construction our new Chamber Center, a $5.5 million project located between the Statehouse Convention Center and the River Market District. This new high-tech home for our area's Chamber of Commerce will be an exciting addition to the revitalization of our downtown area, offering meeting rooms for a wide range of community activities and office space for our staff. The building will also feature the Southwestern Bell Technology Center in its west wing, offering Chamber members, economic developers, visitors and guests access to the latest telecommunications technology and current information on Little Rock and the State of Arkansas. Our architects, Polk Stanley Yeary, have designed the new Chamber Center as a distinctive building with a two-story, glass atrium on the side facing the Arkansas River and a bold, curved main entrance plaza facing Markham Street. In completing plans for the project, they have also worked with us on another concept in which we need the Board of Adjustments' guidance. Based on the Chamber Center's unique location in the heart of our city's cultural, business, entertainment and convention center area, we' have a unique opportunity. We would like to add a little of the spirit of New York's Time Square to this one - of -a -kind location by installing a large, outdoor video informational display screen on the front of the new Chamber Center. FROM : J0 QTY PHONE NO. : 501 374 6018 Jan. 2e 2000 11:42AM P3 Page 2 /Chamber Center Video Screen We consider the large video screen as an informational marquee rather than a commercial sign, but based on its unique nature, your City staff felt we should apply for variances based on specific guidelines in Sec. 36-547. Lighting and Sec. 36-548. Changeable copy, in the Little hock Code. Our plans are for the video screen to feature animated graphics and images, conveying such possible information as time, temperature, a stock ticker, event details and general image - related ,visuals of a promotional nature for the area. included with this cover letter and our filing application are artists' drawings of the Chamber Center and prelims -nary specifications for the video screen from a vendor who will bid on the video screen, should we proceed on the project_ Also included are letters from the Little bock Convention and. 'Visitors Bureau and other building owners surrounding the new Chamber Center's location. They are all also excited about the video screen concept and are eager for the Chamber to move ahead on the project, based on gaining any variances your Board may feel are appropriate. We are working with Dana Carney of your City staff in preparation for your February 28"' Board of Adjustment meeting. If there are any questions you or members of the Board may have, please do not hesitate to contact us. Thank you in advance for your assistance on this.special project to enhance our downtown area's thriving economy and the impact of the new Chamber Center. Sincerely, Joe Swa Chamber Executive Vice President cc. Paul Harvel, Chamber President Shelby Woods, Chamber Center Development Committee Chairman ENCLOSURES Fe`,...-uary 28, 2000 Item No.: 5 File No.: Name: Address: Z-6174 Junior Deputy Baseball Booster Club, Inc. 2500 Cantrell Road Type of Issue: 5 year extension of a previously granted 3 year deferral of the paving requirements of Section 36-508 STAFF REPORT: The Junior Deputy Babe Ruth Baseball Booster Club operates a children's baseball program at Junior Deputy Park located on Little Rock Water Works property at 2500 Cantrell Road. The baseball park has been in existence since 1947. During a 1996 renovation project, a grassy, parking area between the park and the railroad right-of-way adjacent to Cantrell Road was upgraded as well. The area had been used for a parking lot for a period of approximately 10 years. The combination of new gravel and a clearing away of the surrounding brush brought the substandard parking lot to the attention of the Codes Enforcement Staff. On October 28, 1996, the Board of Adjustment granted a three year deferral of the paving requirement for the gravel parking lot. The applicant was directed to plant trees between the parking lot and Cantrell Road and to place crossties or some other device around the perimeter of the gravel lot to contain the gravel. The Baseball Club is now asking for an additional deferral. Staff is supportive of an indefinite deferral of the paving requirement for this one lot. The park has been in existence for over 50 years and this area has been used for parking since the middle 1980's. The applicant did plant trees along the perimeter of the park and has agreed to plant additional trees, if there is adequate spacing between the existing trees. Telephone poles have been placed around the perimeter of the gravel to contain it. This gravel lot is used only during the summer and fall baseball season (April -October). Otherwise, the lot is barricaded to prohibit access. F 6- _uary 28, 2000 Item No.: 5 (Cont.) C. STAFF RECOMMENDATION: Staff recommends approval of an indefinite deferral of the paving requirement for this one gravel parking lot subject to the following conditions: 1. The gravel parking lot is for the sole use of the Junior Deputy Babe Ruth Baseball Booster Club, Inc. 2. During those times that the lot is not being used by the Baseball Club, it is to be barricaded to prohibit access by other parties. 3. Additional trees are to be planted between the parking lot and Cantrell Road, if there is adequate spacing between the existing trees. 4. The lot is to be maintained in a clean manner with proper gravel base. BOARD OF ADJUSTMENT: (FEBRUARY 28, 2000) Mel Says was present representing Junior Deputy Babe Ruth Baseball Booster Club. There was one interested party present. Staff presented the item and a recommendation of approval subject to compliance with the 4 conditions outlined in the "Staff Recommendation" above. Mr. Says stated that he had no comments and would be available to answer any questions. He stated that he wanted it on the record that the Baseball Club would like to clear and maintain the area west of the gravel lot so as to reduce a snake problem. William Ruck offered the following 4 conditions in lieu of those proposed by staff: 1. The gravel parking lot is for uses permitted by the Junior Deputy Baseball Booster Club, Inc. 2. The lot is to be barricaded by the Baseball Club during December and January to prohibit access by other parties. 3. The lot is to be maintained in a clean manner with gravel base. E Fe_ _ uary 28, 2000 Item No.: 5 (Cont.) 4. Allow fill/culverts to be placed to the west of the existing gravel lot in order to cross the ditch with maintenance equipment for mowing and clean-up of the area west of the drainage ditch (with approval of Public Works and the Landowner, Little Rock Municipal Water Works). Mr. Ruck then discussed the conditions proposed by staff and why he was offering alternate conditions. Mr. Ruck asked Mr. Say if there would ever be an occasion that a use might be permitted to use the lot that is not directly related to the Baseball Club. Mr. Say responded that the lot might be used by other associated youth sports organizations but that it would not be leased to other businesses. Mr. Say stated that these other youth organizations would be under the Baseball Club and that the Club's lease with Water Works prohibits any use other than youth sports. In response to a question from Mr. Ruck, Mr. Say stated that the Club depended upon volunteer labor which made it difficult to assure that someone would barricade the lot each day. Mr. Ruck stated that there were 22 Bradford Pear trees which would fill out to provide adequate screening. He noted that the parking lot was adjacent to a railroad track. Mr. Ruck stated that he felt it was unreasonable to require additional landscaping. Mr. Ruck stated that the gravel parking lot was "proper and stable" and that he wanted to delete the word "proper" from staff's recommended condition. Mr. Ruck noted that his last condition was added only for clarification and that the Baseball Club would have to comply with Public Works requirements for the fill and culvert. Mr. Ruck made a motion to approve an indefinite deferral of the paving requirement subject to compliance with the 4 conditions which he proposed. The motion died for lack of a second. Fred Gray noted that the applicant had only asked for a 5 year deferral. He stated that he was uncomfortable with approving an indefinite deferral with the "loose" conditions proposed by Mr. Ruck. 3 l FeL._uary 28, 2000 Item No.: 5 (Cont.) Mr. Say stated that, as a nonprofit organization with limited resources, the Baseball Club would prefer an indefinite deferral but would not object to further review after 3 to 5 years. Dana Carney, of the Planning Staff, spoke on behalf of the conditions proposed by staff. He stressed staff's concerns about allowing an indefinite deferral without the specific, enforceable conditions proposed by staff. Mr. Ruck stated that a 5 year deferral would be reasonable. Fred Gray stated that he felt planting shrubbery between the existing trees would be more appropriate than planting additional trees. Cindy Dawson, of the City Attorney's Office, and Dana Carney urged approval of the conditions proposed by staff regarding the usage limitation so as to provide staff some leverage if enforcement becomes necessary. Gary Langlais asked why the same volunteers who lock up the fields and concession stand at the end of the day could not also barricade the parking lot. Mr. Say responded that it could be done but that it was a burdensome requirement. Mr. Say stated that he agreed with the wording of condition no. 1 as proposed by staff. There followed a discussion of appropriate plantings around the parking lot. Mr. Say reiterated that additional plantings would be cost prohibitive. In response to a question from the Board, Mr. Carney described the landscaping requirements for a parking lot from the City's Landscape Ordinance. Mr. Ruck made a motion to approve an indefinite deferral of the paving requirement subject to compliance with condition no. 1 from staff's recommendation and conditions 2, 3 and 4 as he proposed. The motion failed for lack of a second. Mr. Ruck spoke passionately on behalf of the Baseball Club. Norm Floyd then made a motion to approve a 5 year deferral of the paving requirement subject to compliance with condition no. 1 as proposed by staff and conditions 2, 3 and 4 as proposed by Mr. Ruck. The motion was seconded. Fred Gray suggested that condition no. 4 offered by Mr. Ruck be modified to provide a limit on the size of the culvert to assure ►N Fe- uary 28, 2000 Item No.: 5 (Cont.) that only maintenance vehicles will cross it and the area would not be used by persons for parking. John Ward, of Little Rock Municipal Water Works, stated that he had concerns about potential problems that might be created by installing a culvert in the drainage ditch. Tad Borkowski, of Public Works, assured Mr. Ward that the project would be reviewed by his department to be certain that it conformed to city code requirements. Fred Gray commented that it was not a hardship to have a person barricade the gravel lot at the close of the day. Mr. Carney suggested that Mr. Gray's offered amendment to proposed condition no. 4 was not necessary. Mr. Carney stated that any use of the area west of the existing gravel parking lot for parking would be a readily identifiable violation that could be handled as an enforcement action. Mr. Floyd restated his motion with the understanding that no additional area, west of the ditch, is to be added to the existing gravel parking lot. The vote was 3 ayes, 2 noes and 0 absent. The Board approved a 5 year deferral of the paving requirement for the existing gravel parking lot subject to compliance with the following conditions. 1. The gravel parking lot is for the sole use of the Junior Deputy Babe Ruth Baseball Booster Club, Inc. 2. The lot is to be barricaded by the Baseball Club during December and January to prohibit access by other parties. 3. The lot is to be maintained in a clean manner with gravel base. 4. Allow fill/culverts to be placed to the west of the existing gravel lot in order to cross the ditch with maintenance equipment for mowing and clean-up of the area west of the drainage ditch, with the understanding that no additional area, west of the ditch, is to be added to the existing gravel parking lot. 5 JAN -31-0f -IN 12:25 MATTHEWS SANDERS & SAYES FAX N0. 50t 2924 P.02 MMOR DEPUTY BABE RUTH BASEBALL BOOSTER. CLUB, INC. BOARD OF DIRECTORS: MEL SAYES, pMWENT BRUCE CHUCOSKI, VICE PRE$, STEVE OSBO,RN. SEC Y CLARENCE TRICE, TRES TOM BUl,'L12R DAVID HICKS SHE, RAND'' J'ORNSON )KOOER MALLISON SHAWN SPENCER JEFF THOMAS DEBBIE LAYMAN 2500 Cantrell Road. Post Office Box 250749 Little Rock, Arkansas 72225 (501)372-7640 FAX(501)372-7648 EIN#71-0503790 January 28, 2000 Mx. Dana Carney DEPARTMENT OF NEIGHBORHOODS & PLANNING 723 West Markham Little Rock, Arkansas 72201 Dear Mr. Carney: The Junior Deputy Booster Club is a volunteer organization that operates a children's baseball program on Cantrell Road. Over the last three years, we have been retiring our debt incurred from a needed renovation. During this time we have parked on a gravel area fronting Cantrell Road pursuant to a waiver or variance. However, this non-profit program operates literally "hand to mouth". It does not have the funds to pave this area. Consequently, we are asking for a tXuee-to-five year waiver on paving this area. Thank you for your consideration Cor y Mel ayes, Fre " ent Junior Deputy Babe uth. Baseball booster Club, Inc. MS/ch 8 �o� E-- 2E U) < Ow z LL w mo>: TE ¢ U n O¢ LL (7 z Q U C February 28, 2000 There being no further business before the Board, the meeting was adjourned at 3:20 p.m. Date : -z ��l s Zc C. A I J2 -1-t Chairman Sec etar