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