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boa_10 22 1984LITTLE ROCK BOARD OF ADJUSTMENT MINUTE RECORD OCTOBER 22, 1984 2:00 P.M. I. Roll Call and Finding of a Quorum A quorum was present being 7 in number. II. Approval of the Minutes of the Previous Meeting The minutes were approved as mailed. III. Members Present: George Wells B.L. Murphree Thomas McGowan Ellis Walton Ronald Woods Herbert Rideout Richard Yada Members Absent: Joe Norcross Steve Smith City Attorney: None October 22, 1984 Item No. A - Z-4315 Owner: James Calvin Address: 423 Bond Street Description: Lots 11 and 12, Block 14 Garland Addition Zoned: "I-2" Light Industrial Variance Requested: From the mobile home provisions of Section 3-101 /C.l.d to permit a mobile home for security purposes. JUSTIFICATION: Applicant operated a food service business at a nearby location for a number of years and has been the victim of five burglaries at that location. Present Use of Property: Restaurant Proposed Use of Property: Same STAFF REPORT A. Engineering Issues None have been reported as of this writing. B. Staff Analysis The requested variance is to allow the applicant to place a mobile home on the site of a restaurant for security purposes. At a previous location, the applicant experienced a number of break-ins and now is of the belief that only a 24-hour guard on the premises will help solve this problem. There is no question that a hardship does exists, and the request is justified. But, staff is concerned with the proposed location of the trailer. The trailer would be very visible from all directions and only have a 2 feet setback from the south property line. Staff does not feel this is desirable for the neighborhood and recommends that the trailer be shifted to the east. A more suitable location would be between the existing service drive and the east property line. This should lessen the impact of the trailer and also allow for October 22, 1984 Item No. A - Continued a greater setback along East Capitol. Staff believes that this location and some landscaping or buffering would reduce the visibility of the trailer. One final recommendation is for a fence to be constructed along the east property line if one is not currently in place. This fence should be opaque and 6 feet in height. C. Staff Recommendation Staff recommends approval of the placement of the mobile home subject to the comments made in the staff's analysis. BOARD OF ADJUSTMENT ACTION: (9-17-84) The applicant, James Calvin, was present. There were no persons in attendance objecting to the request. Staff reviewed the conditions of the approval: (1) the trailer being relocated to the east, (2) a fence be constructed along the east property line and (3) the trailer be restricted to security purposes only and not be rented for residential use. Mr. Calvin then discussed the various locations and the size of the trailer. He said that the size of the trailer shown on the site plan was incorrect. Mr. Calvin stated that his plans were to place a 14' x 50' trailer on the site, not an 8' x 40' one as shown on the site plan. There was a lengthy discussion about the size issue. Mr. Calvin felt that a large trailer could not be placed at the location proposed by the staff and properly work. He also indicated that he never intended to use an 8' x 40' trailer and was not sure why that size was represented on the plan. Because of the size conflict and other uncertainties, a motion was made to defer the request to the October 22, 1984, meeting. The motion passed by a vote of 6 ayes, 0 noes and 3 absent. BOARD OF ADJUSTMENT ACTION: (10-22-84) The applicant, James Calvin, was present. There was one objector also present. Staff reviewed the recommendations and distributed copies of the revised site plan to the Board of Adjustment members. Mr. Calvin spoke briefly and answered questions about his proposal. He indicated that the size of the trailer that he had purchased was 13' x 44' and that was the smallest one he could locate. Elsie Edie, a property owner on East Capitol, spoke and objected to the size and the proposed location. There was a lengthy discussion about the security issue and the various October 22, 1984 Item No. A - Continued locations. Mr. Calvin said he had no problems with locating the trailer in the rear parking lot and Ms. Edie had no objections to placing it there. A motion was made to approve the variance with the conditions that the mobile home be placed in the northeast corner of the lot as shown on the site plan as the alternate location and provide adequate landscaping. In addition, the use of the mobile home is restricted to James Calvin only as long as he maintains the restaurant. The motion passed by a vote of 7 ayes, 0 noes and 2 absent. October 22, 1984 Item No. 1 - Z-3520-A Owner: Exxon Corporation By: K.R. Gagnon Address: 3723 Cantrell Road Description: Long Legal Zoned: "C-4" Open Display District Variance Requested: From the front yard setback provisions of Section 43/7-103.4.E.1 of the Code of Ordinances to permit a new canopy with a 5.5-foot setback. JUSTIFICATION: The existing steep slopes on the rear of the lot effectively reduce the buildable area to one-half. Present Use of Property: Exxon Service Station Proposed Use of Property: Remain the same with new pump island arrangement and a new island canopy STAFF REPORT A. Engineering Issues The Engineering Division of Public Works will respond at the meeting. However, the Planning staff would like to point out that the eastern curb cut and drive access to adjoining property are a concern. We feel that there may be a need to provide a common drive access at the easterly corner of the site. B. Staff Analvsis This application was filed to gain design flexibility in the remodeling and upgrading of the existing Exxon Station. The plan is to group the pump islands at one point and place a weather cover above. The canopy will project to a point some 5.5 feet from the property line which is 4 feet + from the curbline. The canopy is to be supported by columns on the outer pump island and approximately 19 feet from the property line. We believe the proposal to be entirely appropriate. The removal of the west pump island will remove some conflict with on-site and off -site traffic movement. October 22, 1984 Item No. 1 - Continued C. Staff Recommendation Approval of the request subject to Engineering Division comments. BOARD OF ADJUSTMENT ACTION: The applicant, K.R. Gagnon, was present. There were no objectors present. Mr. Gagnon spoke about the proposal and other considerations. He indicated that Exxon had agreed with the Engineering comments and the common access drive could be removed. There was some discussion about the access on the east side of the property. After additional comments were made about various points, a motion was made to approve the request as filed. The motion passed by a vote of 7 ayes, 0 noes and 2 absent. October 22, 1984 Item No. 2 - Z-4347 Owner: Realty Associates, Inc. By: Ernest J. Peters Address: 1000 Block of Interstate 30 Frontage Road, West Side Description: Long Legal Zoned: "HR" High Density Residential Request: Issue a conditional use permit for an eating place without drive-in service. Present Use of the Property: Vacant Proposed use of the Property: Restaurant/Eat-In STAFF REPORT: A. Engineering Issues None reported at this writing; however, Planning staff noted that the street improvements along East 10th Street may need upgrading. B. Staff Analvsis This application was filed under provisions of the Central Little Rock Zoning Ordinance as a conditional use permit. The proposal is to erect an eat-in type restaurant with access limited to the frontage road and East 11th Street. This block has a history in residential and church use as well as the Arkansas Repertory Theater. The block to the south contains the University of Arkansas Graduate Institute campus and some office electronic lab type uses. The block to the north contains a mix of single family, multifamily, restaurants and a service station. The two restaurants are prior CUP issues dating back to the mid-1970's. Those restaurants were scrutinized closely by the Quapaw Quarter Association, the MacArthur Park Association and others with an interest in maintaining the character of the park neighborhood. As a result of the hearings on those cases, two things occurred: October 22, 1984 Item No. 2 - Continued 1. A City Board resolution was passed prohibiting further commercial development abutting the park or facing across the boundary streets. 2. Rigid site plan review criteria such as color of buildings and roofs, limiting west walls to brick and brick walls as buffers. In addition sign plans were required restricting the height of signs below the rooflines of the proposed structures and well landscaped sites were required. The staff has reviewed this proposal with the above in mind. We have determined that the site does qualify for commercial development inasmuch as there is an intervening row of lots along McAlmont. As to the site plan design, our review has not produced a negative comment relative to the kinds of criteria noted above. This is in greater measure due to the designing agent having taken steps to deal with critical issues such as access. The only areas not specifically addressed on the plan are sign height and building exterior composition. The building proposed is not completely visible from MacArthur Park but does offer some of the same kinds of visibility issues that are likely to arise. These are: (1) color of roof, (2) direction of site lighting, (3) retention of large mature trees on the site. C. Staff Recommendation The staff recommends approval of the conditional use permit conditioned upon the following: 1. Provision of a landscape plan that retains the larger mature single trunk trees in a fashion that assures some long -term protection. These should be marked and protected during construction. 2. The upgrading of all boundary streets to City standards. 3. A site lighting plan directing light away from the neighborhood. 4. Approval of a signing plan by the Sign Code staff with no sign height greater than the roofline of the proposed building (ridge line if pitched and deck line if flat). October 22, 1984 Item No. 2 - Continued 5. Elevations of the building with the color scheme and construction materials should be reviewed by the Board of Adjustment. 6. The dumpster location should be reflected on the plan with the screening treatment indicated and compatible with the building finish, preferably brick. BOARD OF ADJUSTMENT ACTION: The applicant, Ernie Peters, was present. There were also three to four persons in attendance objecting to the request. Mr. Peters addressed the staff's recommendation and presented the proposed site plan. He indicated that the site plan had been modified to satisfy the staff's concerns. Mr. Peters said that the site would be heavily landscaped and occupied by a quality fast food establishment. Various Board of Adjustment members expressed concern about the drive through aspect and about the certainty of what kind of eating establishment was planned. Mr. Peters indicated that he has had some preliminary discussions with one company, but nothing was firm. He also stated that the only frontage would be the I-30 access road. Mary Hart, a resident on McAlmont Street, was very concerned about the traffic circulation. Mr. Peters then explained the proposed circulation and said that there would be an exit only on 11th Street. Sam Sparks, a property owner in the area, was concerned about lighting and traffic. He said that there was already a problem with traffic because of the existing eating places. Mr. Sparks also suggested that a brick wall be utilized to buffer the project from the existing residential uses. Merl Seamon, landscape architect for the project, spoke about the proposed signs and that they should not create any problems for the residents on McAlmont Street. Mr. Peters said the sign would only be visible from the access road. There was a lengthy discussion about the buffer and signs. Mr. Sparks again asked that a brick wall be utilized. Cheryl Nichols of the Quapaw Quarter Association discussed the staff analysis and said that commercial development was inappropriate for the edge of MacArthur Park. She also pointed out that the design was not compatible with the historic district. Ms. Nichols said that the real issue was further commercialization in the area. The site was zoned for high density residential use which was a more appropriate development pattern. After some additional comments, a motion was made to deny the conditional use permit until more specifics were provided. The motion passed by a vote of 5 ayes, 2 noes and 2 absent. The conditional use permit was denied. October 22, 1984 Item No. 3 - Z-4164-A Owner: Lundy Colvert Address: 7912 Mabelvale Pike Description: Long Legal Zoned: "R-2" Single Family Request: Permission to expand a day -care center previously authorized by ordinance as a conditional use permit. Present Use of the Property: Day-Care Center Proposed use of the Property: To remain the same with additional floor space providing one new teacher and 18 new students. STAFF REPORT: This request was filed with staff without our having opportunity to review the original files. After having done so, we have determined that the request should have been filed with the Planning Commission for review of modifications. We would recommend that since the item was advertised for public hearing that a motion is in order for withdrawal. The staff has directed the applications to the appropriate Planning Commission agenda with little or no cost and time to the applicant. BOARD OF ADJUSTMENT ACTION: A motion was made to withdraw the request from the agenda. The motion passed by a vote of 7 ayes, 0 noes and 2 absent. October 22, 1984 Item No. 4 - Z-3262-B Owner: Lundy Colvert and Steve Black Address: 1816 Hinson Loop Road Description: Long Legal Zoned: "MF-18" Multifamily District Request: Permission under the provisions of Section 43/4-102.H of the Code to expand a day-care center. Present Use of the Property: Day-Care Center Proposed use of the Property: To remain the same with additional floor space including three new teachers and 60 new students. STAFF REPORT: This request was filed with staff without our having opportunity to review the original files. After having done so, we have determined that the request should have been filed with the Planning Commission for review of modifications. We would recommend that since the item was advertised for public hearing that a motion is in order for withdrawal. The staff has directed the applications to the appropriate Planning Commission agenda with little or no cost and time to the applicant. BOARD OF ADJUSTMENT ACTION: A motion was made to withdraw the variance request from the agenda. The motion passed by a vote of 7 ayes, 0 noes and 2 absent. October 22, 1984 Item No. 5 - Z-4340 Owner: Richard Blume and Others By: Roy West Address: 811 East 6th Street Description: Lot 4 of Block 14, Rector Town 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 an addition of 8' 8" in height to the existing building. Justification: The adoption of the present Zoning Ordinance imposed a 15-foot side yard where one had not been required when the building was constructed. Present Use of the Property: Car Wash and Truck Scales Proposed Use of the Property: To remain the same with capacity to wash large buses and trucks. STAFF REPORT: A. Engineering Issues None reported at this writing. B. Staff Analysis This request is one of several unique situations encountered by staff in recent months. The owner's request does not intrude horizontally into the side yard since the building is located on the property line. The issue is expansion of that portion of the nonconformity vertically. A visit to the site and observing the work underway has permitted observation of the finished elevation. Our observation suggests that the 8' height increase will have no adverse effect on the adjacent property or industrial neighborhood. The building is barely in excess of the height of its neighbor on the east. We would like to point out that the construction underway lies outside the 15-foot setback. October 22, 1984 Item No. 5 - Continued C. Staff Recommendation Approval of of the application. BOARD OF ADJUSTMENT ACTION: The applicant was present. There were no objectors present. After a brief discussion, a motion was made to approve the variance as filed. The motion passed by a vote of 7 ayes, 0 noes and 2 absent. October 22, 1984 Item No. 6 - Z-2223-A Owner: Arthur Gamble Address: 1620 West 14th Street Description: The West 50 Feet of Lots 5 and 6 in Block 11, Centennial Addition Zoned: "O-3" General Office District (Filed request for "C-1" Neighborhood Commercial) Variance Requested: From the off-street parking provisions of Section 43/8- 101.B.2.F to permit less than the required eight parking spaces on-site. Justification: 1. An addition allowed by Ordinance would be inefficient and not suited to proper placement of the chairs. It would also cause a 6 -foot offset in the building. 2. The addition does not double the parking requirement and although occupying present spaces, on-street parking can support some of the requirement. Present Use of the Property: Barber and Beauty Shop Proposed Use of the Property: To remain the same with additional floor space. STAFF REPORT: A. Engineering Issues None reported at this writing. B. Staff Analysis This proposal presents one issue of substance, that being the deficient parking on the site to accommodate the more than 100 percent increase in floor space. The owner states that he desires a maximum of two barber and two beauty chairs at this time. However, he indicated that several additional spaces were possible but not planned. The Zoning Ordinance requires one parking space per 200 square feet of gross floor area for uses of this type. The total floor space with the October 22, 1984 Item No. 6 - Continued new addition is 1,517 square feet which requires eight parking spaces. The present parking is unpaved and will provide a maximum of seven stalls without the addition. This is substantially in conconformance with the Ordinance. However, the spaces will be diminished severely by any addition to the existing structure. We would point out that there is substantial on- street parking in the immediate area on all streets, including West 14th during certain hours. The owner proposes to use a portion of the addition as a retail sales area for items allied with his barber and beauty shop. The amount of retail space is not known at this time, but that dimension will require fewer parking spaces by approximately 50 percent. This owner needs to commit to a limit on sales and personal service area which will provide guidance in determining the real parking requirement on-site. C. Staff Recommendation Based on the information at hand, the staff is prepared to recommend approval of a portion of the requested addition. The recommendation to be conditioned upon: 1. The site being rezoned to the appropriate commercial classification. 2. The addition being limited to a 20-foot north and south dimension. 3. Paving of all parking on-site. 4. Provision of a minimum of five parking spaces on-site. 5. Build sidewalk along Marshall Street. 6. Widen the existing driveway to 12 feet. October 22, 1984 Item No. 6 - Continued BOARD OF ADJUSTMENT ACTION: The applicant, Arthur Gamble, was present. There were no objectors present. Staff informed the Board members that the issue was a parking variance and not a side yard variance. Mr. Gamble addressed the staff's recommendations and asked some questions about the various points. There was a long discussion about the parking issue and it was suggested that Mr. Gamble review the parking proposal with Zoning Enforcement. Kenny Scott of the Enforcement Office said that the City's Engineering Office had approved the additional driveway on Marshall Street. A motion was made to grant the variance subject to: (1) the site being rezoned to the appropriate commercial classification; (2) paving of all parking on-site; (3) provisions of a minimum of five parking spaces on-site; (4) build sidewalk along Marshall Street; and (5) that the owner will make contact with Engineering to work out the driveway issue. The motion passed by a vote of 7 ayes, 0 noes and 2 absent. October 22, 1984 Item No. 7 - Z-4339 Owner: Mike Trusty By: Chuck Mulhearn Address: 6401 Asher Avenue Description: Long Legal Zoned: "C-3" General Commercial District Variance Requested: From the provisions of Section 4/5-101.F.2.d of the Code of Ordinances of the City of Little Rock to permit location of two satellite TV dishes between the building and a street right-of-way. Justification: The demonstration of tracking functions to customers is primary and the physical location requirements for this type of use are limited. Present Use of the Property: Custom Car Audio Proposed Use of the Property: Remain the same with two satellite dishes placed in the front yard area. STAFF REPORT: A. Engineering Issues None reported at this writing. B. Staff Analysis This application is the first occasion for the Board of Adjustment to review a variance for placement of a satellite dish in a commercial zone. This case is somewhat different from those expected when the Ordinance was adopted. Most of the dish locations are in front of buildings much closer to the street right-of-way and more visible. The subject site has 100 feet ± setback on the building and is somewhat below grade of Asher Avenue which tends to reduce visibility. The site contains two concrete pads for placement of the dishes, the southernmost of which has been erected. The placement of that dish is what triggered the enforcement notice and this application. October 22, 1984 Item No. 7 - Continued The staff view of this request is that the neighborhood along Asher Avenue is blighted severely at this time by abandoned buildings and auto salvage yards. Our feeling is that these dishes will have little or no impact on persons or uses in the area. C. Staff Recommendation Approval as filed. BOARD OF ADJUSTMENT ACTION: The applicant, Chuck Mulhearn, was present. There were no objectors. Mr. Mulhearn discussed the variance and explained to the Board members that it would be difficult to place the dishes in the rear because of existing uses. He also said that there would be two different kinds of dishes. There was a lengthy discussion about various aspects of the variance, especially the display issue. A motion was made to approve the variance subject to the dishes being circled in a landscaped area with the north /south dimension of a minimum of 25' and an east /west dimension of 30', and that the owner agree to dedicate 5.7' of additional right -of -way for Asher Avenue. The landscape area is to be sodded and have shrubs. The vote on the motion was 6 ayes, 1 noe and 2 absent. The variance was granted. September 17, 1984 Item No. 8 - Z-1518 -A (Z-3860) Owner: Mrs. Geneva Culmore Address: 1111 South Pulaski Street Description: Part of Lots 2 and 3 in Block 310, Original City of Little Rock Zoned: "R -4" Two Family Variance Requested: From the side yard setback provisions of Section 43/7-101.4/D-2 to permit the addition to the existing residence with a 4.1-foot side yard. (Ordinance requires 7.5 feet.) JUSTIFICATION: The owner of this residence does not have space in her home for a washer and dryer connection; therefore, she makes many trips to a laundromat. This variance would permit a home laundry system. Present Use of Property: Residence Proposed Use of Property: To remain the same with additional floor space. STAFF REPORT A. Engineering Issues None reported at this writing. B. Staff Analysis This variance is the third request since construction of the residence in the fall of 1963. The original variance request was for a rear yard intrusion. That request was approved on the basis of shallow lot depth. The second request was for a carport on the south side with a 1.3-foot setback with an Ordinance requirement of 7.5 feet. The second request was approved in July 1982, without specific justification other than it replaced a carport which had been closed in. October 22, 1984 Item No. 8 - Continued This request is to provide for a washer dryer connection which was apparently not provided when the residence was constructed. The side yard issue involved has more merit than the carport request since a significant portion of the setback will remain. The Planning staff does not feel that the neighborhood will be impacted by this construction, but we would like a couple of points cleared. First, why a washer dryer area needs to be 9' x 15' in area? Second, why this utility type use is located on the north end of the residence, when most utility areas are adjacent to the kitchen and main service areas. The staff has not made an interior inspection of the dwelling, but our observation is that bedrooms are on the north end of the house. C. Staff Recommendation Approval of the proposal, subject to resolution of the size and location questions in our analysis. BOARD OF ADJUSTMENT ACTION: The applicant was present. There were no objectors present. Staff informed the Board of Adjustment that the questions raised in the analysis had been answered and that they were comfortable with the request. A motion was made to approve the variance as filed. The motion passed by a vote of 6 ayes, 0 noes and 3 absent. NOTE: This being the owner's third request, it will probably be the last one granted. September 17, 1984 Item No. 9 - Other Matters - Interpretative CONDITIONAL USE EXPANSION /NONSTRUCTURAL AND OPEN FACILITIES - A REPORT TO THE BOARD. HISTORY OF SUBJECT AND REGULATIONS: In January 1980, the City of Little Rock adopted regulations which for the first time exercised specific site plan authority over churches and most schools. This authority is contained within the conditional use permit provisions of the Zoning Ordinance. During the past four years, the activity level for conditional use permits has been generally restricted to new development for churches and schools. These activities were generally dealt with in a fashion that provided for long-term direction through adoption of a Master Site Plan. Those projects present no problem for future expansion review, neither do occasional simple building expansions or structural addition when an existing building is involved. A problem recently developing is existing use which propose to construct facilities entirely accessory in nature and in no way affect the capacity or intensity of the principal use. There are two examples which we would offer: 1. St. Teresa's Church and School on Base Line is in the process of building an athletic complex of ball fields, play areas and courts. One of the courts is for racquetball. The Planning staff determined that the court was of a nature which would permit issuance of a permit except for the roof structure over which, in our estimation, is a building requiring further review. 2. The Geyer Springs Church of Christ at West 53rd Street and Geyer Springs Road constructed a playground in early summer 1984 consisting of play equipment in a graveled yard. The staff reaction was mixed with the general feeling being that no regulation was required. Neighborhood opposition developed, suggesting that there is impact on residential use nearby. PRESENT PRACTICE IN ADMINISTRATION OF ORDINANCE: There are no guidelines for dealing with nonstructural setback, screening, buffers or lighting unless attached by the Board or Planning Commission as conditions of a conditional use authorization. Staff members faced with requests for such activities generally instruct the owner to proceed without permits or review. There has been little or September 17, 1984 Item No. 9 - Continued no experience with this type of activity since the adoption of the Ordinance in 1980 and none of it is documented. BUILDING CODE INTERPRETATION OF STRUCTURE FOR THE PERMIT PROCESS: At this time, the City does not require a building permit or review for construction of playgrounds, driveways or athletic fields with normal accessory structures such as bleachers, backstops and building smaller than 100 square feet. All accessory structures such as pavilions and other accessory buildings would require a permit if the covered area exceeds 100 square feet or $1,000 in value. All parking lots whether new or expanding of existing are reviewed for conformance to Ordinance standards such as paving thickness and landscaping. They do not require public hearing review by any commission or board unless they are off-site. STAFF RECOMMENDATION: It is the feeling of the Planning staff that with changing times, attitudes and technology that every accessory activity should be regulated by way of a structured process or that none of them be regulated. This is based on a belief that an accessory activity area nonstructural in nature cannot be measured as to capacity for expanding the principal use. These kinds of activities come and go as the level of activity and technology change. It is believed that the potential for neighborhood conflict is great enough that some review of these nonstructural areas is in order. If this office has to take a position, it would be as follows: 1. That the procedure now provided in the Ordinance be modified only with respect to accessory buildings which do not now require a building permit (add 10' x 10' and $1,000 maximum cost). These buildings should be permitted without review. As to the maximum number of these buildings, we have no thoughts as to what the restrictions should be. 2. All nonstructural involvement such as parking, play areas and sports facilities should receive a public review by the Board of Adjustment. Staff feels this process would be brief, least costly and least involved for the owners, yet providing neighborhoods with a public review. October 22, 1984 Item No. 9 - Continued BOARD OF ADJUSTMENT ACTION: Staff reviewed the issue and its recommendations listed as No. 1 and No. 2. The Board of Adjustment discussed the matter at length and decided that they needed some more guidance. Some comments were made pertaining to the possible ordinance amendment and what would be the appropriate action to take. It was recommended that the item be taken to the Planning Commission Zoning Committee for their review. October 22, 1984 Item No. 10 APPEAL FROM A STAFF INTERPRETATION OF THE ZONING ORDINANCE RELATIVE TO A NONCONFORMING USE Site Location: 9000 West 36th Street Mr. Herbert Rule, attorney acting for Mr. Steve Lehoczky, has submitted a request for a hearing before the Board of Adjustment for purposes of review of a staff interpretation. The issue involves a two lot ownership in the John Barrow Addition approximately two blocks west off Barrow Road. These lots were annexed to the City of Little Rock in the general annexation of 1961 with the use of this site being a welding shop and a residence. The welding shop was sited on the west one-half of the property fronting upon West 36th Street. The residence occupying the lot faced eastward onto the side street. That circumstance prevailed for a number of years and was recognized by the City of Little Rock as a nonconforming use. In 1977, Mr. Lehoczky purchased the property with the welding shop intact. However, the residence had burned at an earlier time. Mr. Lehoczky claims that the site as purchased by him was used partially for storage of heavy equipment both around the business building and the vacant site of the residence. In 1982, the tornado which caused much damage in this part of the City damaged a portion of his building. He is presently completing repair on the structure. The site at issue has been fenced and autos are stored on the east one -half of these two lots. That storage prompted the enforcement issue and was the basis for this request. The issue stated as simply as possible is as follows: 1. Can the owner of a nonconforming use expand that use throughout the site owned when annexed? 2. Can this expansion occur when the area to be expanded upon has been occupied by a residence in the past and fenced from the shop use area? Staff Recommendation: This request was filed late, and the Enforcement staff has not completed its informational report. They will report to this office early in the week of October 15, 1984. We will provide a more detailed report to the Board prior to the meeting. October 22, 1984 Item No. 10 - Continued BOARD OF ADJUSTMENT ACTION: Herbert Rule, attorney for the owner, requested that the item be deferred to the November 19, 1984, meeting. A motion was made to defer the issue to the November 19 meeting. The motion passed by a vote of 7 ayes, 0 noes and 2 absent. October 22, 1984 There being no further business before the Board, the Chairperson adjourned the meeting at 4:15 p.m. Date Secretary Chairman