boa_07 15 1985LITTLE ROCK BOARD OF ADJUSTMENT
MINUTE RECORD
JULY 15, 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. Murphree
Joe Norcross
Herbert Rideout
Ellis Walton
Steve Smith
Ronald Woods
George Wells
Thomas McGowan
Members Absent: Richard Yada
City Attorney: Pat Benton
July 15, 1985
Item No. 1 - Z-3835-A
Owner: Frank Whitmore
Address: 2503 Gaines
Description: Lot 1 and the North 12 feet of Lot 2
Block 1, Kimball's South Park Addition
Zoned: "C-3" General Commercial
Variance
Requested: From the sideyard setback provisions
of Section 7-103.3/D.2 to permit a new
addition with a 4-foot setback
JUSTIFICATION:
Location of existing building and provide adequate parking.
Present Use
of the Property: Commercial
Proposed Use
of the Property: Commercial
STAFF REPORT
A. Engineering Issues
None reported.
B. Staff Analysis
The request is to permit a 4-foot sideyard on the south
side of the property. Because the lot to the south is
used for a residence, the Zoning Ordinance requires a
15-foot sideyard. If the property to the south was a
nonresidential use, then no setback would be necessary.
In June 1982, the Board of Adjustment approved a
similar variance for a building that is identified as
the existing structure on the accompanying sketch. It
appears that the 4 -foot sideyard has had little impact
on the residential use to the south. The proposed
addition /structure will replace a smaller building so
the amount of encroachment will increase but that
should not create any problems. Staff feels that the
owner has provided adequate justification and supports
the variance with the condition that the City's traffic
engineer approve the driveways and access. The lot has
three driveways off two streets and one from the alley
and this could possibly cause a traffic flow problem if
not properly controlled.
July 15, 1985
Item No. 1 - Continued
C. Staff Recommendation
Staff recommends approval of the variance subject to
the traffic engineer approving the driveways and
access.
BOARD OF ADJUSTMENT ACTION:
Staff informed the Board of Adjustment that the item needed
to be deferred because the owner failed to notify the
required property owners. A motion was made to defer the
request to the August 19, 1985, meeting. The motion passed
by a vote of 8 ayes, 0 noes and 1 absent.
July 15, 1985
Item No. 2 - Z-4320-A
Owner: Arkansas Power & Light Company
Address: 200 North Arch
Description: Long Legal
Zoned: "I-2" Light Industrial
Variance
Requested: From the pavement requirements of
Section 8 -101 /I to permit crushed
gravel driving surface in lieu of
required asphalt or concrete
JUSTIFICATION:
1. Access to the site will be restricted to AP &L personnel
because of the dangers of substation control yard.
There are no regular personnel at this control
building. Visits are made for maintenance and
equipment checking only.
2. Company personnel on -site will be performing tasks and
must have access (with repair vehicles) to all areas of
the site. Part of the substation equipment is buried
below the yard surface. This includes control cable,
power cable and duct bank. Routine and emergency
repair of underground equipment is required as well as
rerouting of cable and relocation of ducts. This is
quite simple with the gravel surface but would become
difficult and expensive with concrete or asphalt
paving.
3. The movement of large trucks and pieces of equipment
over the yard would cause damage to asphalt or concrete
pavement. The use of 4 -inch crush gravel material
provides a stable driving surface that can be patched,
repaired or supplemented quite easily.
Present Use
of the Property: Electric power substation
Proposed Use
of the Property: Same
July 15, 1985
Item No. 2 - Continued
STAFF REPORT
A. Engineering Issues
None reported.
B. Staff Analysis
The request before the Board of Adjustment is to permit
a driving surface for an AP &L substation not meeting
ordinance requirements. The City's Zoning Ordinance
requires 1 1/2 inch asphaltic concrete hot mix with a
5-inch compacted base or a double surface treatment
with a 5-inch compacted base or a 4-inch concrete slab.
The substation is located at the very north end of Arch
Street adjacent to the Missouri Pacific railroad
tracks. Because of the use of the property which
includes some underground equipment, meeting the
necessary ordinance requirements does create a
hardship. Repair work or other necessary tasks
performed on these facilities would be very difficult
if a gravel type surface is not permitted. In
addition, there will be no regular long-term parking on
the site because personnel will only be present to
perform maintenance or repair of the equipment. Staff
believes adequate justification has provided and
supports the request as filed. A previous variance was
approved for the control building currently under
construction in September 1984.
C. Staff Recommendation
Staff recommends approval of the variance as filed.
BOARD OF ADJUSTMENT ACTION:
The applicant, Tim Heiple, was present. There were no
objectors present. Mr. Heiple spoke briefly and discussed
various aspects of the site. A motion was made to grant the
variance as filed. The motion was approved by a vote of
6 ayes, 1 absent and 2 abstentions (Ellis Walton and Herbert
Rideout).
July 15, 1985
Item No. 3 - Z-4478-A
Owner: Little Rock Municipal Water Works
Address: West Little Rock Water Tower
Description: Long Legal
Zoned: "R -2" Single Family
Variance
Requested: From the radio tower Section 38 -3.A.1
to permit a 130 -foot tower (ordinance
permits 75 feet)
JUSTIFICATION:
The purpose of this radio tower is to provide radio
communications for the area served by Arkla's Little Rock
gas distribution district. This includes many areas well
outside the city limits of Little Rock. Both Arkla and
their consultant, Booz' Allen and Hamilton Inc. of Bethesda,
Maryland, agree that this is the best location to meet
Arkla's radio communication requirements.
The tower and equipment shelter will be located on the west,
northwest side of the existing ground level water storage
tank. This tank will shield the shelter and the lower part
of the tower from view.
The crest of the hill 700 feet further west, northwest would
be 55 feet higher than the base of the tower. The 130-foot
tower would provide an antenna clearance of 75 feet above
the hill's crest. It should be mentioned that a future
property owner could erect up to a 75-foot tower at the
crest of the hill as the property is presently zoned.
Present Use
of the Property: City water supply tank
Proposed Use
of the Property: Same with radio tower
STAFF REPORT
A. Engineering Issues
There have been no engineering issues reported.
July 15, 1985
Item No. 3 - Continued
B. Staff Analysis
There are two issues associated with this proposed
tower. One is approval of a conditional use permit for
the location by the Planning Commission, and the other
is relief from the 75-foot tower restriction. (Staff
has recommended approval of the conditional use
permit.) The item before the Board of Adjustment is to
permit a radio tower with a 130-foot height. The tower
itself will not be a massive structure with the base
being approximately 10 1/2 feet on each side. The
property is owned by the Little Rock Water Works and is
occupied by a large water storage tank. The site is
located in West Little Rock in close proximity to the
Hillsborough and Marlowe Manor Subdivisions with the
nearest development being about 1/4 mile to the east.
In the immediate vicinity, the land is undeveloped, but
it is anticipated that additional residential
development will take place especially to the west.
Because of the location and the type of tower
structure, it appears that will have very little impact
on surrounding areas. Staff's position is that
justification has been provided and supports the
requested variance. In addition to the tower, an
equipment shelter will also be constructed on the site.
C. Staff Recommendation
Staff recommends approval of the variance as requested.
BOARD OF ADJUSTMENT ACTION:
The applicant, Arkla Gas Company, was represented by Eric
Tillestorm. There were no objectors. At the hearing, staff
modified its recommendation based on the Planning Commission
approval of the conditional use permit for the tower. Staff
recommended that a temporary variance be approved with the
condition that the Arkla tower remain on the site until a
new water storage facility is constructed further to the
west and the tower then be relocated to that site. There
was a brief discussion about the recommendation, and Arkla
agreed with it. A motion was then made to recommend
approval of a temporary variance subject to the conditions
in the staff recommendation. The motion was passed by a
vote if 8 ayes, 0 noes and 1 absent.
July 15, 1985
Item No. 4 -- Z -4487
Owner: Kenneth McGraw
Address: 5420 "F" Street
Description: Lots 9 and 10, Block 15
Lincoln Park Addition
Zoned: "R-3" Single Family
Variance
Requested: From the height and area exceptions of
Section 5-101 /F.2.c to permit rear yard
coverage greater than 30 percent
JUSTIFICATION:
The only location on the lot suitable for the garage and
protection from the elements.
Present Use
of the Property: Single Family
Proposed Use
of the Property: Single Family
STAFF REPORT
A. Engineering Issues
None have been reported.
B. Staff Analysis
The proposal is to construct a garage in the rear yard
which will exceed the area coverage provision of 30
percent. The Zoning Ordinance states that accessory
buildings in an "R-1" through "R-4" district may not
occupy more than 30 percent of the required rear yard.
The owner is also proposing to make a substantial
addition to the existing structure which will restrict
suitable locations for the garage. The owner has
stated that the size of the garage as dictated by the
loading and unloading of a person confined to a wheel
chair who will be living at the residence in the
future. This is also creating the need for protection
from the weather. After reviewing the request and
determining that adequate yard area will remain because
of the size of the lot, staff supports the request with
the conditions that the garage never be converted for
living accommodations. The owner has also provided
July 15, 1985
Item No. 4 - Continued
proper justification for the variance and there are
other accessory buildings constructed adjacent to the
alley in the area. Staff would like to raise one issue
and that is whether the owner is proposing any cover
between the garage and the addition for added
protection. If some type of structural tie between the
two is planned, it should be discussed at this time.
Tying the garage to the residence would then create the
need for a rear yard setback variance because the
garage would become part of the principal structure.
C. Staff Recommendation
Staff recommends approval of the variance with the
condition that the garage never be altered to
accommodate a residential living unit.
BOARD OF ADJUSTMENT ACTION:
The owner, Kenneth McGraw, was present. There were no
objectors. Mr. McGraw informed the Board of Adjustment that
he had no plans to provide any type of cover between the new
garage and the principal structure. A motion was made to
approve the variance with the condition that the garage
never be altered to accommodate a residential living unit.
The motion passed by a vote of 8 ayes, 0 noes and 1 absent.
July 15, 1985
Item No. 5 - Z-4489
Owner: Wayne Walker
Address: 4822 Country Club Blvd.
Description: Lot 8, Block 14, Newton Addition
Zoned: "R-2" Single Family
Variance
Requested: From the sideyard setback provisions of
Section 7-101.2/D.2 to permit a carport
with a 0-foot setback
JUSTIFICATION:
1. The width of the lot is insufficient to accommodate the
house and carport without the waiver as the lot is only
50 feet wide.
2. The existing carport is being enclosed to provide for
the addition of approximately 700 square feet of
living space.
3. There is insufficient space to locate the carport at
the rear of the existing structure because of the
landscaping, deck and a pool.
4. There is already a driveway in the existing area of the
proposed carport, and I merely wish to cover it to
provide protection from the elements.
5. Precedence exists in the immediate area with other
carports and garages being located on property lines.
6. Even with the carport addition, the nearest structure
to it (an addition) will be approximately 15 feet away.
Present Use
of the Property: Single Family
Proposed Use
of the Property: Single Family
STAFF REPORT
A. Engineering Issues
There are no engineering issues.
July 15, 1985
Item No. 5 - Continued
B. Staff Analysis
The request is to permit construction of a carport on
the east side of the residence with a 0 -foot sideyard
setback. The Zoning Ordinance requires a sideyard of
five feet for this lot. The owner has stated that an
existing carport will be lost due to a new addition at
the rear of the house and the proposed location for the
carport is the only feasible one remaining on the lot.
The rear of the lot is developed with a pool area and
does not provide sufficient room for a carport
structure. The owner has listed those reasons and
other ones as justification for the necessary variance.
Staff feels that they are adequate, but the true
hardship is created by the width of the lot which the
owner has also mentioned. The property is only 50 feet
wide and cannot accommodate a structural addition on
the east or west sides without some type of variance.
Because of the hardship and the justification, staff
supports the variance but recommends that the carport
be left open on three sides and the storage area at the
rear of the carport be relocated. Staff is concerned
that the structural separation between the carport and
the residence to the east is minimal. Also, having an
open carport will lessen its visible impact which is
critical for a structure constructed on the property
line. Recommending an open carport is consistent with
previous staff positions for requests requiring a
0-foot sideyard variance.
C. Staff Recommendation
Staff recommends approval of the variance subject to
the carport being opened on three sides and the storage
area moved to another location on the lot.
BOARD OF ADJUSTMENT ACTION:
The owner, Wayne Walker, was present. There were no
objectors. Mr. Walker spoke and discussed the proposed
storage room at the rear of the carport. He said the
storage room would help block the view of the rear yard from
the street and help create a visible separation between the
various spaces. He also said that the room was needed for
outside storage and questioned what the difference would be
between this type of arrangement and a fence. Mr. Walker
then presented some photos. He pointed out that because of
a brick wall on the east property line it would be somewhat
difficult to have that side totally left open. Staff
indicated that they had no problems with that. Mr. Walker
July 15, 1985
Item No. 5 - Continued
said he could eliminate the storage area if necessary. A
motion was made to recommend approval of the variance
subject to the carport being opened on three sides as much
as possible and the storage area moved to another location.
The motion passed by a vote of 8 ayes, 0 noes and 1 absent.
July 15, 1985
Item No. 6 - Z-4490
Owner: James and Avis Mitchell
Address: 59 Tallyho
Description: Lot 192, Foxcroft Addition
Zoned: "R-2" Single Family
Variance
Requested: From the sideyard setback provisions of
Section 7-101.2/D.2 to permit a carport
with a 5-foot sideyard
JUSTIFICATION:
In order to construct this carport and to have adequate
space for two vehicles, this adjustment is necessary. Note
on the attached sketch that only a very small portion of the
planned addition would exceed the standard setback
requirements. Because of the location of the existing
driveway, this is the only logical place to make this
addition. Architecturally and typographically, this is also
the best place to make the addition. Also even after the
carport is built, there will still be at least 40 feet
between the closest point of our neighbor's house and ours.
We would hope that 40 feet would still be considered an
adequate distance between the two houses.
Present Use
of the Property: Single Family
Proposed Use
of the Property: Single Family
STAFF REPORT
A. Engineering_Issues
None have been reported.
B. Staff Analysis
The proposal is to construct a carport with a 5-foot
sideyard. With this lot, an 8-foot sideyard is
required by the Zoning Ordinance. Because of the lot
configuration which becomes substantially narrower from
the front to the rear, the sideyard in question
increases from 5 feet to 12 feet at the front of the
proposed carport. Because of this, only a small
July 15, 1985
Item No. 6 - Continued
portion of the carport will encroach into the required
setback as the owner has stated. Staff supports the
variance because the owner has provided proper
justification and a hardship does exist with the shape
of the lot. In addition, even with the 5-foot setback,
there will be adequate separation between the proposed
carport and the residence to the east. Because of
this, the variance will not impact the property to the
north or other properties in the immediate area.
C. Staff Recommendation
Staff recommends approval of the variance as filed.
BOARD OF ADJUSTMENT ACTION:
Staff informed the Board of Adjustment that the owner had
submitted a letter requesting a deferral to the August
meeting. A motion was made to defer the item to the
August 19, 1985, meeting. The motion was approved by a vote
of 8 ayes, 0 noes and 1 absent.
July 15, 1985
Item No. 7 - Interpretation Issue
Name: Rector - Phillips -Morse
By: Gene Lewis, Jr.
Request: That the Board review the "I-2" Light
Industrial District use group and render
an opinion as to the placement of a
bakery for wholesale manufacturing,
packaging and distribution.
The Zoning Ordinance provides for retail bakeries defined as
follows:
Bakery or confectionery shop (retail): a place for
baking or selling baked goods or a place for preparing,
cooking, making or selling candy or other sweets.
We feel this definition will not cover Wonder Bread or
Colonial Bakery which are truly industrial.
The "I-2" use group is attached for comparison purposes. As
you review the list, you will notice several similar uses
under permitted uses and specific reference to warehouse and
wholesale operations. In addition, a broad category of
light fabrication and assembly.
The conditional use listing contains a catch all item C.
industrial uses not listed (enclosed). This would provide
for a conditional use of the land, but it is time-consuming.
Staff will develop a specific recommendation to be offered
at the meeting.
BOARD OF ADJUSTMENT ACTION:
Staff recommended that the use as proposed, a wholesale
bakery operation, should be considered a permitted use in
the "I-2" District. Gene Lewis was present and spoke. He
said that the use in question would produce specialty bakery
goods, and there would be no retail sales. The building
would be approximately 20,000 square feet in size. There
were some additional comments made. A motion was made to
interpret a wholesale bakery as a permitted use in the "I-2"
District. The motion passed by a vote of 8 ayes, 0 noes and
1 absent.
USE REGULATIONS
1. Permitted uses
a. Airport or landing field
b. Animal pound or kennel
c. Appliance repair or rental
d. Auto auction
e. Auto glass muffler shop
f. Automobile motorcycle display sales and service
g. Auto parts and accessories
h. Auto paint or body rebuilding shop
i. Auto repair garage
j. Banks and savings and loans
k. Building material sales (open)
l. Bus or truck storage or garage
m .Bus station or terminal
n. Cabinet or woodworking shop
o.Car wash
p.Clothing manufacturing
q.Contractor or maintenance yard
r. Eating place with drive-in service
s. Eating place without drive-in service
t. Furniture repair store
u. Hauling and storage company
v. Home center
w. Industrial cleaning plant
x. Job printing, lithographer, printing or
blueprinting plant
y. Laboratory
z. Laboratory manufacturing
aa. Light fabrication and assembly process
bb. Lumber yard
cc. Machine or welding shop
dd. Machinery sales and service
ee. Mini - warehouse
ff. Mobile home sales
gg. Motor freight terminal
hh. Office equipment sales and service
ii. Office (general and professional)
jj. Office warehouse
kk. Parking (commercial lot or garage)
ll. Photography studio
mm. Plumbing, electrical, heating or air conditioning
shop
nn. Railroad passenger station
oo. School business
pp. School commercial trade or craft
qq. Second hand store, used furniture or rummage shop
rr. Service station
ss. Swimming pool sales and supply
tt. Taxidermist
uu. Tool and equipment rental (inside)
vv. Tool and equipment rental (outside)
ww. Truck or tractor sales or repair
xx. Warehousing and wholesaling
yy. Wood products manufacturing
2. Conditional uses
a. Agriculture products processing
b. Hotel and motel
C. Industrial uses not listed (enclosed)
d. Race track
e. Theater (drive-in)
f. Upholstery shop
July 15, 1985
There being no further business before the Board of
Adjustment, the Chairman adjourned the meeting at 2:30 p.m.
Date
Secretary Chairman