Loading...
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