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boa_06 17 1985LITTLE ROCK BOARD OF ADJUSTMENT MINUTE RECORD JUNE 17, 1985 2:00 P.M. I. Roll Call and Finding of a Quorum A quorum was present being eight in number. II. Approval of the Minutes of the Previous Meeting The minutes were approved as mailed. III. Members present: B.L. Murphee Ronald Woods Steve Smith Joe Norcross George Wells Thomas McGowan Herbert Rideout Ellis Walton Members Absent: Richard Yada City Attorney: Pat Benton June 17, 1985 Item No. A - Z-4447 Owner: First Baptist Church Address: East 9th and Calhoun, northwest corner Description: Lots 5 and 6, Block 4, Clinton Park Addition Zoned: "R-3" Single Family Residential Variance Requested: From the off-street parking provisions of Section 8- 101/H.2 to permit church parking on property zoned "R -3." JUSTIFICATION: On September 19, 1983, the Little Rock Board of Adjustment approved a request for off-street parking. Since that time, the church has traded for the two described lots across from the church. These two lots are closer to the church and would provide more convenient parking. In addition, three more parking spaces could be acquired becuase of the two lots adjoining each other. Present Use of the Property: Vacant Proposed Use of the Property: Parking STAFF REPORT A. Engineering Issues 1. Ordinance requires that 40 ft. minimum distance is used between curb cuts. Therefore, the Traffic Engineer requests that only one curb be used for access from Calhoun. 2. The alley should also be upgraded to the same standards as the parking lot. B. Staff Analysis The request is to allow church parking on two lots at the northwest corner of East 9th and Calhoun, currently zoned "R-3." The zoning ordinance gives jurisdiction June 17, 1985 Item No. A - Continued to the Board of Adjustment to approve this type of parking. The church received approval in September 1983 for parking on two other lots somewhat removed from the church building. The church currently has a parking area at the southwest corner of East 9th and Calhoun. With the addition of these two lots, the parking will be consolidated in one general location and readily accessible to the church facility. The proposed use of the lots should not create any problems for the remainder of the block. Staff feels that the proposed parking is an improvement and supports the request. Because the alley will be utilized, it is requested that it be upgraded to proper standards. Also, staff is concerned that the parking layout as shown will not work properly because of a row of spaces accessing from the alley. These spaces should be designed so as to conform with the rest of the lot which enters from Calhoun Street. C. Staff Recommendation Staff recommends approval of the requested variance with the condition that the alley be improved to proper standards and access is approved by the Traffic Engineer. BOARD OF ADJUSTMENT ACTION: The applicant, William Thrasher, was present. There were no objectors. Staff informed the Board that the required notification of property owners was deficient and recommended that the item be deferred. Mr. Thrasher spoke at length about the various concerns including the church's plan to occupy the building by the first of June. Staff pointed out to the Board that the Planning Commission would have to review the request because the parking proposal was modifying a previously approved conditional use permit. There were some additional comments made about the issues associated with this application. A motion was made to defer the request to the June meeting and for staff to work with the applicant to receive approval by both the Board of Adjustment and the Planning Commission and occupancy of the church. The motion failed by a vote of: 1 aye, 6 noes, 1 absent and 1 abstention (Herbert Rideout). A second motion was made to conditionally approve the variance subject to proper notice being given for the June meeting, the alley being improved to City standards and the traffic engineer approving the access. The motion passed by a vote of 6 ayes, 1 noe, 1 absent and 1 abstention (Herbert Rideout). The item was deferred to the June 17, 1985, meeting. June 17, 1985 Item No. A - Continued to the Board of Adjustment to approve this type of parking. The church received approval in September 1983 for parking on two other lots somewhat removed from the church building. The church currently has a parking area at the southwest corner of East 9th and Calhoun. With the addition of these two lots, the parking will be consolidated in one general location and readily accessible to the church facility. The proposed use of the lots should not create any problems for the remainder of the block. Staff feels that the proposed parking is an improvement and supports the request. Because the alley will be utilized, it is requested that it be upgraded to proper standards. Also, staff is concerned that the parking layout as shown will not work properly because of a row of spaces accessing from the alley. These spaces should be designed so as to conform with the rest of the lot which enters from Calhoun Street. C. Staff Recommendation Staff recommends approval of the requested variance with the condition that the alley be improved to proper standards and access is approved by the Traffic Engineer. BOARD OF ADJUSTMENT ACTION: (5-20-85) The applicant, William Thrasher, was present. There were no objectors. Staff informed the Board that the required notification of property owners was deficient and recommended that the item be deferred. Mr. Thrasher spoke at length about the various concerns including the church's plan to occupy the building by the first of June. Staff pointed out to the Board that the Planning Commission would have to review the request because the parking proposal was modifying a previously approved conditional use permit. There were some additional comments made about the issues associated with this application. A motion was made to defer the request to the June meeting and for staff to work with the applicant to receive approval by both the Board of Adjustment and the Planning Commission and occupancy of the church. The motion failed by a vote of: 1 aye, 6 noes, 1 absent and 1 abstention (Herbert Rideout). A second motion was made to conditionally approve the variance subject to proper notice being given for the June meeting, the alley being improved to City standards and the traffic engineer approving the access. The motion passed by a vote of 6 ayes, 1 noe, 1 absent and 1 abstention (Herbert Rideout). The item was deferred to the June 17, 1985, meeting. June 17, 1985 Item No. A - Continued BOARD OF ADJUSTMENT ACTION: (6-17-85) Robert Schelle, the architect for the church, was present. There were no objectors. Staff reported that the required notification materials had not been submitted. There was some discussion about the notices. Robert Schelle then spoke. He said that the church had received Planning Commission approval for modifying the conditional use permit and the parking lot design was changed to the satisfaction of the Traffic Engineer. A motion was made to approve the variance in final form subject to the alley being improved to proper standards, the Traffic Engineer approving access and the necessary notices being provided to staff. The motion was approved by a vote of 7 ayes, 0 noes, 1 absent and 1 abstention (Herbert Rideout). June 17, 1985 Item No. 1 - Z-1422-C Owner: Waldo Jones Address: 5923 South University Description: Long Legal Zoned: "C-3" (A "C-4" rezoning has been filed) Variance Requested: From the front yard setback provisions of Section 7- 103.4/E.1 to permit a 25-foot setback (ordinance requires 45') JUSTIFICATION: Location of an Arkla gas line and topography creates a hardship because of relocation and excessive fill. Present Use of the Property: Auto Service Proposed Use of the Property: Auto Service STAFF REPORT A. Engineering Issues None has been reported. B. Staff Analvsis The proposal is to construct two new buildings with a 25-foot front yard setback. The property is in the process of being rezoned to "C-4" which requires a 45-foot front yard. The site is currently part of one platted lot and it will be split into two lots as reflected on the accompanying sketch. The property is located along South University with an auto dealership to the north and primarily undeveloped land to the east and south. The variance if created will not have any impact on those properties. The site does have some physical constraints such as approximately a 10-foot difference in elevation from west to east and this does create a hardship. Staff believes that the applicant has provided proper justifications and supports the request. June 17, 1985 Item No. 1 - Continued C. Staff Recommendation Staff recommends approval of the variance as filed. BOARD OF ADJUSTMENT ACTION: The applicant was present. There were no objectors. A motion was made to approve the variance as filed. The vote - 8 ayes, 0 noes and 1 absent. The variance was granted. June 17, 1985 Item No. 2 - Z -4455 Owner: A.T. Gillespie Address: 2111 North Palm Description: Lot 12, Block 4 Country Club Heights Addition Zoned: "R-2" variance Requested: From the rear yard setback provisions of Section 7-101.2/D.3 to permit new construction with a 17-foot rear yard JUSTIFICATION: 1. Relieve congestion of the alley. 2. Wider turning radius into garage from alley. (This is important because many structures along this alley are built to a property line.) 3. Better visibility along alley. 4. Prevent accidents such as backing into cars and structures. Present Use of the Property: Single Family Proposed Use of the Property: Single Family STAFF REPORT A. Engineering Issues No issues have been identified. B. Staff Analvsis The request before the Board is to grant a rear yard variance for a new garage. The proposal reduces the rear yard setback to 17' instead of 25' as required by the Zoning Ordinance. Initially, the owner had proposed to have a detached garage with the necessary 6-foot separation, but realizing this would continue to aggravate the existing situation, it was decided to attach the garage to the residence. The primary June 17, 1985 Item No. 2 - Continued problem is that the alley and the large percentage of accessory structures /garages constructed adjacent to the alley. This has created a severe problem because of limiting visibility at times and the congestion which makes some turning movements very difficult. Staff feels that the alley is a hardship for the property owner and supports the request. The garage as proposed will not only improve the situation for the owner at 2111 Palm, but also for other homeowners who utilize the alley. Finally, the owner has provided the necessary justifications for the setback variance. C. Staff Recommendation Staff recommends approval of the variance. BOARD OF ADJUSTMENT ACTION: The owner was present. There were no objectors. A motion was made to approve the variance as filed. The vote 8 ayes, 0 noes and 1 absent. The reuqested variance was approved. June 17, 1985 Item No. 3 - Z -4459 Owner: Rex Edward Wilkins Address: 115 Normandy Description: Lot 113 and one-half of Lot 114 Normandy Addition Zoned: "R-2" Variance Requested: From the side yard setback provisions of Section 7-101.2/D.2 to permit a 5-foot setback for a new addition JUSTIFICATION: The houses in this neighborhood were built in the early 1940's and typically have five feet side yard setbacks. The requirement has since been change to 7 1/2 feet. Due to the manner of the roof framing and the plan of the existing house, a setback of 7 1/2 feet severely compromises the workability of a bedroom addition. The structure immediately south of the wall in question (at 117 Normandy) is a garage. Present Use of the Property: Single Family Proposed Use of the Property: Single Family STAFF REPORT A. Engineering Issues No adverse comments. B. Staff Analvsis The requested variance is to permit a 5-foot side yard. The Zoning Ordinance requires a 7 1/2-foot side yard for this particular piece of property based on the side yard equaling 10 percent of the average width of the lot. The proposal is to construct a significant addition to the rear of residence and maintain the existing south building line which has a 5-foot setback. The owner has stated that the structural configuration of the residence requires the addition to be constructed as proposed with the 5-foot setback and June 17, 1985 Item No. 3 - Continued has provided adequate justification for the variance. The structural involvement on the lot directly to the south is a garage adjacent to the property line with yard area to the rear of it. Because of this, the proposed construction will not have any impact on this lot to the south where other properties are in the immediate area. C. Staff Recommendation Staff recommends approval of the request as filed. BOARD OF ADJUSTMENT ACTION: The applicant was present. There were no objectors. A motion was made to grant the variance as requested. The vote - 8 ayes, 0 noes and 1 absent. The variance was approved. June 17, 1985 Item No. 4 - Z-4471 Owner: Rockapar Corporation Address: 8121 Distribution Drive (The UPS Facility) Description: Lot 27, Triangle Properties Industrial District Zoned: "I-2" Light Industrial Variance Requested: From the pavement provisions of Section 8-101.I to permit parking area not meeting ordinance requirements JUSTIFICATION: 1. The problem exists in that the facility is experiencing a large increase in volume, and as a result, trailers to carry that volume. There isn't any available room for a trailer expansion lot. This location is a short -term fix due to the fact that UPS is presently designing and has justified a new $16 million complex to be located in another area of the City. This once again is absolutely needed because of our volume growth. 2. There hasn't been any problems for having a gravel lot such as mud and debris being tracked onto any streets or thoroughfare. Present Use of the Property: Trailer Parking Proposed Use of the Property: Trailer Parking STAFF REPORT A. Engineerinq Issues 1. Engineering is opposed to granting parking lot variances due to ordinance requirements. If a true hardship exists, a time limit until improvements are to be made should be used in granting the variance. A six month or one year time limit is suggested. June 17, 1985 Item No. 4 - Continued 2. Also, the Young Creek floodway boundary is approximately 70 to 80 feet west of the southern property line. Therefore, no further filling is allowed within 70 feet from the property line. Parking lots are not allowed within floodways. B. Staff Analysis The request is to grant a variance for a trailer parking area not meeting ordinance standards for paving. The minimum pavement required established by the Zoning Ordinance is "l 1/2 inches asphaltic concrete hot mix with a 5" compacted base or a 4" concrete slab and shall have appropriate bumper guards." The parking lot under consideration which is used as a staging area for trailers consist of SB-2, a base material, and road base rock. The applicant has stated that this surface treatment appears to be satisfactory because the use is not experiencing any problems with the unstable, muddy or soft ground. A site visit does confirm this and it appears that every effort has been made to properly compact the materials. The owner's primary justification for the variance is the temporary status of the location. UPS has, for the most part, outgrown their location on Distribution Drive and has justified relocating to a new site that will be substantially larger than the current one. The parking area under consideration is the result of the increase in volume being experienced by the facility. Staff feels that this is a reasonable justification and supports the request with some conditions. It is recommended that only a temporary variance up to one year be granted for UPS, the current owner of the property. At the end of the one year period, UPS shall report back to the Board of Adjustment and demonstrate that reasonable progress is being made on the new facility, a status report on the project. Should additional need for the parking area be shown at this time, an extension of the variance may be granted. Staff would also like to caution the owner that this variance does not cover the Landscape Ordinance requirements. C. Staff Recommendation Staff recommends approval of a temporary variance subject to the comments made in the staff analysis. June 17, 1985 Item No. 4 - Continued BOARD OF ADJUSTMENT ACTION: Brad Walker, an attorney, and Don Blake, the applicant, were present and representing UPS. There were no objectors in attendance. Brad Walker spoke briefly about the issue. Don Blake then addressed the Board of Adjustment. He said that UPS had experienced a significant growth in volume and that created the need for developing the additional parking area. He indicated that the number of trailers had increased from approximately 100 to 150. Mr. Blake said that the primary reason for the variance was that UPS was in the process of trying to locate a new site for the facility because they have outgrown the present location. He went on to say that the variance would only be necessary for two years because the plans were to have the new facility completed in March 1987. There were some comments made about the two -year period and that the variance would be for UPS only. The requirements of the Landscape Ordinance were also discussed. A motion was then made to approve the paving and landscaping variances for a period of two years only and that UPS provide the Planning staff a status report on the new facility in one year, June 1986. The motion was approved by a vote of 8 ayes, 0 noes and 1 absent. June 17, 1985 Item No. 5 - Other Matters Owner: Amos Enderlin Address: 5523 West 10th (SE Corner of West 10th and Taylor) Zoned: "I-2" Light Industrial Variance Requested: To determine whether the current use of the property meets the "I-2" district requirements STAFF REPORT This issue is before the Board of Adjustment as a result of a complaint received by the City's Zoning Enforcement Office. The owner was issued an enforcement notice in April of this year and directed to show cause why legal action should not be taken. The owner has requested that the issue be placed on the Board of Adjustment's agenda for interpretation of the Zoning Ordinance and the "I -2" district. The City's position is that the property at 5523 West 10th is deficient in many ways and has documented the following problems: 1. Storage an operable partially dismantled wrecked or junked vehicles, trucks and heavy equipment. The "I-2" district permits the parking of vehicles, but not the storage of inoperable vehicles, trucks or heavy equipment. 2. Repair work outside of the confines of an enclosed building is taking place on the property. "I-2" allows repair work on vehicles but within an enclosed building. 3. Outdoor storage of equipment and materials without appropriate screening is also occurring on the site. Outdoor storage in "I-2" is allowed, but it must be screened by a 6-foot opaque barrier. June 17, 1985 Item No. 5 - Continued The owner was instructed in March of 1985 to bring the property into compliance with the Zoning Ordinance by removing all inoperable vehicles, ceasing the outdoor repair work and storage of equipment, materials and other assorted items. The property owner failed to comply and the April 1985 warning notice was issued. Information provided by the owner indicates that he has been using the property since 1974 when it was rezoned for parking and maintenance of trailer dump trucks and heavy equipment. In his letter he states that he has been doing outdoor repair work for the past 11 years with certain materials being stored outside. When the location was rezoned in 1974, it was the owner's understanding that the "I-2" district permitted parking and maintenance of the trucks and heavy equipment. Additional information will be provided at the time of the public hearing. Attached is a copy of the "I-2" section from the Zoning Ordinance. STAFF RECOMMENDATION: Staff is not prepared to make a formal recommendation at this time. BOARD OF ADJUSTMENT ACTION: Amos Enderlin, owner of the property at 5523 West 10th, was present. Mr. Enderlin spoke and said that he had been at the location for 10 to 12 years and had never received a complaint prior to this action. He went on to say that there were two inoperable vehicles on the site and some minor repairs were being done. There was a long discussion about what type of activities were occurring on the site. Kenny Scott of the Enforcement Office addressed the requirements of the "I-2" District. Mr. Enderlin spoke again and discussed some of the points that had been brought out in the hearing. There were some comments made about the possible variance procedures for the various deficiencies. A motion was then made to determine that the property at 5523 West 10th did not comply with the development criteria for the "I-2" Light Industrial District. The motion was approved by a vote of 8 ayes, 0 noes and 1 absent. June 17, 1985 There being no further business before the Board, the Chairman adjourned the meeting at 3:00 p.m. Date 7/15/85 Secretary Chairman