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boa_08 20 1984LITTLE ROCK BOARD OF ADJUSTMENT MINUTE RECORD AUGUST 20, 1984 2:00 P.M. I. Roll Call and Finding of a Quorum. A Quorum was present being seven in number. The Chairman being absent, Mr. B.L. Murphree performed the duties of Chairman. II. Approval of the Minutes of the Previous Meeting. The Board approved the Minutes as mailed. III. Members Present: Richard Yada Joe C. Norcross B.L. Murphree Steve Smith Thomas McGowan Herbert Rideout Ronald Woods Members Absent: Ellis Walton George Wells City Attorney: Carolyn Witherspoon August 20, 1984 Item No. A - Z-4238 Owner: Jack Bennett Address: 4724 Asher Avenue Description: Long Legal Zoned: "I-2" Light Industrial Variance Requested: From the front yard setback provisions of Section 7-104.2/E.1 to permit a canopy cover with a 15-foot setback. JUSTIFICATION: None supplied as of this writing. Present Use of the Property: Tire service Proposed Use of the Property: Remain the same with physical improvement STAFF REPORT: A. Engineering Issues None received as of this writing. B. Staff Analysis A visit to this site reveals several issues which have made conditions of this development approval may produce a withdrawal of the request. This is not to say that these issues are more significant than the request at hand but that the owner may not be financially committed to resolving the problems to be introduced by staff. The first of these issues is a lean-to type of structure adjacent to the building which is, in our opinion, a danger to passersby. This structure should be removed for safety. The second item is the access to Asher Avenue. At present, this is a 100-foot, plus or minus, opening with no traffic access control to the pump islands. There should be a maximum of two curb cuts with traffic safety islands designed between and on each end. Three, there should be an upgrading of the parking area within the lot. As to the variance at hand, we do not find fault with the proposal to cover the service area. The 15-foot August 20, 1984 Item No. A - Continued setback is about an average on Asher Avenue for such canopies. This is a result of the prior City Zoning Ordinance permitting canopies by right with a 15-foot setback. C. Staff Recommendation Approval, subject to resolution of the three items noted in the Staff Analysis. BOARD OF ADJUSTMENT ACTION: (5-21-84) The applicant was not present. A motion to defer the request to June 18, 1984, passed by a vote of 7 ayes, 0 noes and 2 absent. BOARD OF ADJUSTMENT ACTION: (6-18-84) The applicant was not present. A motion to defer the request to July 16, 1984, passed by a vote of 8 ayes, 0 noes and 1 absent. The Board of Adjustment instructed the staff to contact the applicant and determine if he wishes to pursue the variance request. BOARD OF ADJUSTMENT ACTION: (7-16-84) The applicant was not present when this item came before the Board. Staff recommended that the item be withdrawn from the agenda because of the applicant's failure to notify the property owners and lack of attendance at the hearings. A motion was made to withdraw the request from the agenda. The motion passed by a vote of 8 ayes, 0 noes and 1 absent. After this action was taken, the applicant, Willie Byrd, arrived and staff informed the Board of Mr. Byrd's presence. The members decided to discuss Mr. Byrd's request at the end of the meeting. After a brief discussion with Mr. Byrd, a motion was made to void the previous action and defer the item to the August 20 meeting. The motion passed by a vote of 7 ayes, 0 noes and 2 absent. August 20, 1984 Item No. A - Continued BOARD OF ADJUSTMENT ACTION: (8-20-84) The applicant, Mr. Willie Byrd, was present representing the owner, Mr. Bennett. Mr. Byrd stated for the record that this proposal is his inasmuch as Mr. Bennett is the owner and not the operator of the facility now on the premises. There were no objectors present. There was a brief discussion of the proposal and the staff recommendation. Staff identified for the Board the specific structure on the site referenced as a lean-to which was recommended for removal. The Board discussed briefly the time frame for accomplishing the various on-site improvements such as the upgrading of the parking lot and installation of some curbing on Asher Avenue. A motion was then made to approve the application for the addition of the canopy as requested subject to the removal from the site of the lean-to structure immediately east of the service station and that curbing and access be provided along Asher Avenue as well as upgrading of the parking lot. The motion passed by a vote of 6 ayes, 1 no, 2 absent. August 20, 1984 Item No. 1 - Z-2130-A Owner: Herman Binz and Sons Iron Works By: Bob Crawford Address: 1023 Rushing Circle Description: Lots 3, 4 and 5 of Tice's Replat of Tract 1, Rushing and Tice Addition Zoned: "I-2" Light Industrial District Variance Requested: 1. From the side yard setback provisions of Section 43/7-104.2/E.2 of the Code of Ordinances to permit a side yard of six feet. 2. From the floodplain restrictions of paragraph ( a ) of paragraph ( 4 ) of Section B of Article V of Ordinance No. 14534 of the City of Little Rock, Arkansas, to permit a finished floor elevation of 314 feet (required at 318 feet). JUSTIFICATION: 1. The existing building was constructed under the old zoning ordinance and was originally required 0 foot side yard. 2. Construction of the addition in any other location on the site would reduce parking by approximately 10 spaces. 3. Construction of the addition in any other location on the site would reduce efficiency of material handling and access to existing shop. 4. Request to construct the new building to existing building elevation of 314 in lieu of 318 floodplain level is to avoid creation of a hazard with material handling. Additionally, compliance with the 318 level would seriously reduce ability to enter and depart from the building. Present Use of the Property: Metals Fabrication August 20, 1984 Item No. 1 - Continued Proposed Use of the Property: Remain same with added floor area STAFF REPORT: A. Engineering Issues Specific information has not been received at this writing from the Engineering staff relative to the floodplain issue. The subject site does lie within the 100-year floodplain of Rock Creek and partially within the floodway. Building in place was constructed prior to the establishment of the present flood elevation numbers, a consequence being that the new buildings adjacent are on fills several feet higher. The situation here prevents adding fill in order to comply with the ordinance, as well as creating problems for building usage. At the meeting, it was reported that the Engineering Department requests that all permits and other documents involved in this construction proposal be stamped with floodplain variance and that the owner be informed that flood insurance costs for this site will be higher than normal. Further, it was requested that all electrical, plumbing and shop motors shall be located aboved or floodproofed to an elevation of 318.0 feet. B. Staff Analysis The Planning staff views this applicant's request as entirely appropriate. The setback circumstances were not of the owner's creation but a product of adoption of the new zoning ordinance in 1980. The former "I" zoning classification required no setback from any of the four property lines. The proposal at hand should clean up the site by placing all material storage and handling within the structure. There do not appear to be any adverse relationships created by this proposal. C. Staff Recommendation Approval of the request as filed, subject to specific comment by the City Engineer. August 20, 1984 Item No. 1 - Continued BOARD OF ADJUSTMENT ACTION: Mr. Herman Benz was present representing the proposal. He made a brief comment relative to the staff and Engineering recommendation. There were no objectors present. A brief discussion of the floodplain and its effects on the immediate environs was held. A motion was then made to approve the application as filed subject to those comments introduced by the City Engineer. The motion passed by a vote of 7 ayes, 0 noes, 2 absent. August 20, 1984 Item No. 2 - Z-3982-A Owner: Larry Nafe Address: 2900 Kavanaugh Boulevard Description: Part of Block 53, Pulaski Heights Addition Zoned: "C-3" General Commercial District Variance Requested: 1. From the side yard setback provisions of Sec. 43./7-103.3/D.2 of the Little Rock Code of Ordinances to permit an addition with a 1-foot side yard. 2. From the rear yard setback provisions of Sec. 43./7-103.3/D.3 of the Little Rock Code of Ordinances to permit an addition with a 9-foot rear yard. JUSTIFICATION: 1. The addition will serve to soundproof this use from the neighboring property to the north which is an apartment house. 2. This addition will serve to upgrade the physical appearance from the rear of the structure. Present Use of the Property: Animal Clinic Proposed Use of the Property: Remain the same with additional floor space STAFF REPORT: A. Engineering Issues None reported at this writing. B. Staff Analysis This request is the second by the present owner in an attempt to make the former service station building more functional and soundproof the animal ward area. August 20, 1984 Item No. 2 - Continued Notices to adjacent owners have been mailed as required. However, we have not received comments at this writing. Although the owner states that the addition will improve the appearanace of the structure and clean up the site, we feel there should be a landscape plan prepared to provide assurance of content and design. We feel that this plan should contain some type of opaque barrier fence or plantings along the east and north property lines. Our last thought would be that the site will be built up after this addition, and further expansion should be discouraged on this site. We feel this is especially important due to the proximity of the two -story apartment house immediately to the north. C. Staff Recommendation Approval, subject to comments made in our analysis. BOARD OF ADJUSTMENT ACTION: Mrs. Nafe was present and briefly outlined her proposal for the Board. There were no objectors present. A brief discussion of the screening and curb cut requirements was held. The discussion resulted in an understanding that the staff recommendation along Palm Street was for maintenance of that screening in place as well as the creation of an opaque screening along the north property line. The discussion concerning curb cuts resulted in an understanding that a full physical closure of the curb and apron would not necessarily be required. A motion was then made to approve the application with the requirement that an opaque barrier /screening remain along Palm Street and that plantings along the north line be provided. Further, that the curb cut be closed along Kavanaugh with interior curbing or wheel stops of a permanent nature. The vote to approve - 7 ayes, 0 noes, 2 absent. August 20, 1984 Item No. 3 - Z-4300 Owner: James and Marjorie Levander Address: 1001 Cumberland Street Description: Part of Block 45, Original City Zoned: "HR" High Density Residential District Request: Request approval of a Conditional Use Permit for use of the subject site as a professional office activity. Present Use of the Property: Residential Proposed Use of the Property: Office Use /Professional Real Estate Office STAFF REPORT: A. Engineering Issues There are none reported at this writing. However, the Planning staff noted upon visiting the site that there are alley improvements and street curb cut closures to be resolved. B. Staff Analysis The staff would first like to point out that the subject property is within the area which will require a review of this plan and occupancy by the Historic District Commission. A scheduled hearing has been established. The request before the Board of Adjustment raises two questions for resolution: 1. Does the real estate office, as proposed, qualify as a professional office as intended by the Central Little Rock Zoning Ordinance? 2. Is the use appropriate to this location? The staff feels that the use proposed is proper, even though the owner calls this activity a general office. The Zoning Ordinance disallows general office occupancy, and past practice has been to strictly adhere to the conventional guidance as to what constitutes a professional office. As to Item No. 2 above, the block in question is the only remaining August 20, 1984 Item No. 3 - Continued residential block between the river and Interstate 630 which does not contain significant office or nonresidential activity. We do not feel that an office use in this structure will adversely affect the neighborhood but may, in fact, provide stability that a rooming house cannot. The owner proposes to contruct eight new parking spaces entering from the alley on the east which will probably serve the building's parking needs. C. Staff Recommendation Staff recommends approval of the request, subject to resolution of the following: 1. All signage should be reviewed by the Historic District Commission. 2. The parking lot should be paved and redesigned to provide protection for the large tree adjacent to the alley. 3. The alley should be paved to a standard approved by the City Engineer. 4. Existing curb cuts along the border streets should be closed and repairs performed on sidewalks, or in those instances where sidewalks are absent, they should be provided. BOARD OF ADJUSTMENT ACTION: Mr. James Levander was present. There were no objectors present. A brief discussion was held concerning the parking layout and the Ordinance requirement for the number of stalls. The owner stated that the entire structure would be utilized for the real estate office. Staff reported that full utilization of the two -story structure would require eight parking spaces. A brief comment was made concerning the additional review by the Historic District Commission with respect to their review of landscaping and parking. A motion was then made to approve the conditional use permit as requested subject to the comments offered by the Planning and Engineering staffs. The motion passed by a vote of 7 ayes, 0 noes and 2 absent. The above action does not represent a variance of parking spaces. The proposal as approved will carry a requirement for installation of the eight parking stalls on the site or within 300 feet thereof. August 20, 1984 Item No. 4 - Z-4301-A Owner: C.E. Frost Address: 6700 Cantrell Road Description: Lot 1 of Block 1, White City Addition Zoned: "C-3" General Commercial District Variance Requested: From the side yard setback provisions of Section 43/7- 103.3/D.2 of the Code of Ordinances to permit a relocated commercial building on the same lot to produce a side yard of 1 foot (Ordinance requires 25 feet). JUSTIFICATION 1. Make store more accessible. 2. Remove a blind corner relationship. 3. Create additional conforming parking. Present Use of the Property: Retail store Proposed Use of the Property: Remain the same with relocation of the existing building STAFF REPORT: A. Engineering Issues The Hughes Street right-of-way adjacent on the east is deficient and may be as narrow as 40 feet total. Improvements are also substandard in some respects. Improvement of the street may not be encouraged for its entire length; however, certain improvements may be required in the southern most 50 to 60 feet accessing Cantrell Road. The Traffic Engineer requires a site plan review for parking and access to this site. B. Staff Analysis This application is one where no hardship exists. However, that is unimportant in our view when measured against the removal of a dangerous access on to Cantrell Road. The issues to resolve in this case are: August 20, 1984 Item No. 4 - Continued 1. Parking improvements. 2. Driveway access and prohibition of cross flow traffic along the north property line to the Pizza Inn and other businesses to the west. 3. Improvement of Hughes Street to the satisfaction of the City Engineer. 4. A landscape plan for the new parking layout. 5. Approval of moving the building by the Codes Officials. C. Staff Recommendation Approval of the variance, subject to resolution of the points raised in the staff analysis. BOARD OF ADJUSTMENT ACTION: Mr. C.E. Frost was present and made brief comments concerning the proposal and requested clarification of several points in the staff recommendation. There were no objectors present. A discussion was held concerning the staff requirement for abandonment of the cross flow of traffic along the north property line to the businesses lying westward along Cantrell Road. It was determined that this requirement is offered by the staff as a controlling mechanism to regulate the flow of traffic from the residential area on the north to businesses on Cantrell. This request for abandonment is produced as a result of past actions in this area whereby strong comments from the neighborhood were offered relative to increased traffic flows on Hughes Street to and from Cantrell. A motion was then made for approval of the variance subject to comment #2 and comment #4 in the staff recommendation as well as the comment offered by the Traffic Engineer. The motion was approved by a vote of 6 ayes, 1 no, 2 absent. August 20, 1984 Item No. 5 - Z-4303-A Owner: Charles D. Davidson Address: 900 West 4th Street Description: Part of Block 253, Original City of Little Rock Zoned: "C-4" Open Display District (On application for "C-3" reclassification) Variance Requested: From the front and side yard setback provisions of Section 43/7-103.4/E.1.2 of the Code of Ordinances to permit an addition on the 4th Street side of the structure with 0.9 feet setback. (Ordinance requires 25 feet in the "C-3" zone.) JUSTIFICATION 1. Size of the lot. 2. Zoning existing is inappropriate. 3. Area is built up under the former ordinances which required little or no setbacks. Present Use of the Property: Offices Proposed Use of the Property: Offices with additional floor space STAFF REPORT: A. Engineering Issues The Engineering Department reports no adverse comments. 5. Staff Analysis Upon completion of our first review of this proposal, we felt this request was perhaps justified. After a visit to the site and a review of the parking requirements, it became apparent that only the patio addition should be allowed. The determining factors are the limited parking which at this time consists of eight or nine stalls which do not comply with August 20, 1984 Item No. 5 - Continued ordinance. The existing building requires seven plus parking spaces with proper spaces at this time of six plus. The new building addition would require three spaces This means that eleven total would be required for this site after construction. Additional parking could be provided off-site within 300 feet, as permitted by ordinance. However, at this writing, we have not received evidence that such parking can be provided. The established setbacks along 4th Street is the second factor which suggest to us the proposal is inappropriate. Existing buildings both to the east and west are either in line with the present structure or provide more setback. Further, we would point out that the "C-3" rezoning being sought will offer no relief as to the setbacks but simply reduce the requirement from 45 to 25 feet on both streets. C. Staff Recommendation Denial of the front yard intrusion and approval of the patio addition if additional parking can be provided off-site nearby. BOARD OF ADJUSTMENT ACTION: The applicant, Mr. Charles Davidson, was present and offered a lengthy presentation of his proposal, offering additional justification for the intrusion into the front yard. There were no objectors present. Mr. Davidson offered information to the effect that the adjacent owner to the west supported his proposal. A brief discussion of the issues followed, the issues being principally restricted to the parking requirements for a building addition of the size proposed. Additional comments were made concerning the alignment of various structures in this neighborhood and their proximity to 4th Street. After a lengthy discussion, a motion was made to approve the application as filed. However, a seconding motion was not made. The motion died. A second motion was then made to approve only the patio area portion of the application with an attached requirement that the proposal comply with the parking requirements of Ordinance. This motion passed by a vote of 5 ayes, 2 noes, 2 absent. August 20, 1984 Item No. 6 - Z-4304 Owner: Rush Engine Rebuilders By: Robert Richardson Address: 2905 South Cedar Description: All of Block 2, Dickenson Mill Addition Zoned: "I-2" Light Industrial District Variance Requested: From the side yard setback provisions of Section 43/7-104.2/E.2 of the Code of Ordinances to permit expansion of an existing nonconforming industrial structure. JUSTIFICATION 1. The proposed location is the only suitable site for an addition. 2. Other locations on the lot will occupy existing parking. 3. Original building construction occurred under the former ordinance when "I" zone did not require a setback. Present Use of the Property: Engine rebuilding shop Proposed Use of the Property: Remain the same with additional floor space STAFF REPORT: A. Engineering Issues The Traffic Engineer has concerns about access to the site as well as questions about resolution of an erosion problem along the south side of the property in a street right-of-way. B. Staff Analysis This request, as we view it, is appropriate for the circumstances. This owner has few options for expansion which will not affect the existing operation. The circumstances that prevail are a creation of the changes which occurred with adoption of the present zoning ordinance. The only issue we would August 20, 1984 Item No. 6 - Continued raise is the parking. some landscaping. C. Staff Recommendation As presently utilized, could use Approval of the variance. BOARD OF ADJUSTMENT ACTION: Mr. Robert Richardson representing the applicant was present and made a brief statement. A discussion of the proposal then followed that centered on an excavation issue along the south property line which is causing an erosion problem in a public right -of -way. Further discussion of the matter between the Board and Mr. Richardson resulted in a determination that some review of that matter is appropriate but not necessarily a fixed item for resolution by this owner. There were no significant issues raised as concerned with the application at hand. A motion was then made to approve the requested variance subject to the owner entering into discussions with the City Engineer concerning the erosion problem and possible resolution The motion passed by a vote of 6 ayes, 1 no and 2 absent. August 20, 1984 Item No. 7 - Z-4302 Owner: Arkansas State Highway Department By: Karen Muldrow Address: 1101 West 8th Street Description: Part of Block 288, Original City of Little Rock Zoned: "I-2" Light Industrial District Variance Requested: From the front and side yard setback provisions of Section 43/7-104.2/E.1 &2 to permit construction of a new building with 0 foot setback on the West 8th Street side and approximately 5 feet setback on the east property line. JUSTIFICATION 1. Accessibility to Central Fire Communications. 2. Technical feasibility. 3. Central location for crew changes. 4. Unique size and shape and relationship to Interstate 630. 5. Time required to negotiate a new site is prohibitive. 6. Communication system needs. Present Use of the Property: Vacant remnant from the Interstate 630 Highway project Proposed Use of the Property: Ambulance facility/emergency medical services STAFF REPORT: A. Enqineerinq Issues The Traffic Engineer has requested that he be permitted to review the site plan for determining appropriateness of access especially onto West 8th Street. B. Staff Analysis This request is somewhat unique in that the subject August 20, 1984 Item No. 7 - Continued site is a portion of land acquired for the Interstate 630 project and the zoning is assumed from the Base Map to be "I-2" Light Industrial. A portion of this site is a street right-of-way formerly titled "Ringo" which will require closure or abandonment or some legal action to assure the use of that right-of-way for this project. The setbacks proposed are of little consequence, inasmuch as this area of the City was developed under the former zoning ordinance which required no setbacks. Further, the site location is unique in that the Interstate right-of-way will bound the site on three sides and only 8th Street will be a conventional lot line. There will be no further structural involvement east or west along 8th Street. The only caution we would offer is the occasion of vehicles accessing 8th Street through overhead doors immediately behind the sidewalk line. C. Staff Recommendation Approval as filed, subject to resolution of the street issue and the Traffic Engineer approval of the access onto 8th Street. BOARD OF ADJUSTMENT ACTION: Karen Muldrow and Bob Snelson representing this proposal were present. Ms. Muldrow made a brief statement concerning the proposal. There were no objectors present. A brief discussion was held concerned primarily with identifying neighborhood traffic circulation and the future expected usage of West 8th Street. Mr. Snelson identified for the Board the accessing plan for the ambulances to the Interstate 630 interchange at Chester Street. He identified that 8th Street will teriminate both to the east and west of this building site. A motion was then made to approve the requested variances with the condition that the Traffic Engineer's Office review the access onto West 8th Street. The motion passed by a vote of 7 ayes, 0 noes, 2 absent. August 20, 1984 Item No. 8 - Z-1937-B - Extension of time requested on parking Owner: Greater Paradise Baptist Church By: Rev. Jerry Black Address: Northwest corner of West 13th Street at Johnson Street Zoned: "R-3" Single Family District Variance Requested: In 1981 a request for relief from Section 8-101 of the Ordinance to waive all required off-street parking. Present Use of the Property: Church parking lot in an unimproved state. Some gravel in place and substandard access. Proposed Use of the Property: Church parking, future improvements. STAFF REPORT: This application is a continuation of an earlier variance issue filed by the church in 1981. The original issue dealt with the construction of a large addition in conjunction with existing church facilities. That request for parking involved a total waiver of new requirements. The parking for the church, as now located, is primarily off-site and less than the required for the present seating capacity. The church has apparently acquired a couple of lots at the subject location and is using them unimproved. This circumstance was revealed by City staff enforcement proceedings earlier this year. In 1981, the Board of Adjustment reviewed this case in the conventional public hearing process. During the course of that hearing, it was determined by the Board that the parking variance was inappropriate and that the issue of developing the required parking should be deferred to a committee of two Board members and church members. At an unknown time after the creation of that committee, the church acquired a site across Johnson Street, being the northeast corner of 13th at Johnson containing two lots which were to provide the needed parking. The church was directed to proceed with constructing the facility. As stated above, the staff noted earlier this year that improvements had not been placed on the site some three years after the first review. The August 20, 1984 Item No. 8 - Continued church was offered its options for compliance with the ordinance. However, for financial reasons, the church cannot or will not improve the lot at this time. The requested term of extension is six years, which the Planning staff feels is excessive in light of the three years plus or minus, already passed. We feel that the Board should establish a time no greater than one and one-half years with the church filing a report with the Board on its progress at the end of that time or, in fact, providing evidence of completion and compliance. BOARD OF ADJUSTMENT ACTION: Mr. Steve Rogers was present representing the church. He stated that the church is willing to accept the 18-month recommendation of staff and feels that they can comply. He stated that the addition to the church previously approved has not been finished at this time. He stated that funds are slow in developing, but they are working toward completion of the building project and the parking. There were no objectors present. A brief discussion was held concerning the time extension. A motion was then made that the extension be granted for a period of 18 months with the applicant to report back to the Board at the end of that time. The motion passed by a vote of 7 ayes, 0 noes, 2 absent. August 20, 1984 There being no further business before the Board, the Chairman adjourned the meeting at 3:15 P.M. Date Secretary Chairman