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boa_02 17 1987LITTLE ROCK BOARD OF ADJUSTMENT MINUTE RECORD FEBRUARY 17, 1987 2:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being seven in number. II. Approval of the Minutes of the Previous Meeting The Board approved minutes of the previous meeting as mailed. III. Election of Officers The Board of Adjustment by unanimous vote elected Mr. Thomas McGowan as Chairman of the Board of Adjustment for the year 1987. Members Present: George Wells Cynthia Alderman Joe Norcross Jim Mitchell Ronald Pierce Thomas McGowan Rex Crane Members Absent: Ronald Woods John McDaniel Attorney: Pat Benton February 17, 1987 Item No. 1 - Z-4736-A Owner: City of Little Rock Address: 718 West Markham Description: Lots 7 and 8, and the West feet of Lot 9, Block 136 Original City of Little Rock Zoned: "C-4" Variances Requested: From the radio tower provisions of Section 38.3 to permit a tower with a height of 150 feet. Justification: The tower will handle the antenna requirements for all local government operations for standby base stations, including police and fire operations. It will also provide the communications link with the State Office of Emergency Services. The 150-foot height is necessary to accommodate the number of antennas to operate the equipment and for the height necessary for effective communications. Present Use of Property: City offices (under construction) Proposed Use of Property: City offices STAFF REPORT: A. Engineering Issues None reported. B. Staff Analysis The height variance is being requested by the City of Little Rock to permit the construction of a 150-foot tower to be utilized by various City services. The tower will accommodate the necessary antennas for certain operations such as the Police and Fire Departments, and also provide the communications link with the State Office of Emergency Services. The City ordinance allows a ground mounted tower up to 75 feet, February 17, 1987 Item No. 1 - Continued so the variance will be 75 feet, if granted by the Board. The tower is to be located at the site of a new building that is currently under construction at the northeast corner of West Markham and State Streets. When completed, this complex will house the City's communications equipment and staff. (The new structure received a setback variance to allow encroachments into the yard areas on West Markham and State Street sides in September of last year.) In the general area, there are large power poles, an AP &L substation and billboards so the proposed tower will not create a new visual impact for the neighborhood. The tower, which will be self- supporting, is a very integral part of the City's communications network, and staff feels that it is needed to provide an optimum service level for the residents of Little Rock. C. Staff Recommendation Staff recommends approval of the tower variance as filed. BOARD OF ADJUSTMENT ACTION: (2-17-87) The Planning staff presented the petition and recommendation of approval. Mr. Ronnie Rand, representing the City of Little Rock, was present for the petition. There were no objectors in attendance. A brief discussion was held concerning the type of tower and the type of facilities to be erected upon the tower. Mr. Rand identified the tower as being one which will have placed upon it multiple broadcat facilities. There will be eight or ten different antennas mounted on the sinqle tower thereby creating the need for the 150' height. Each of the various antennas requires a particular physical separation from another. Mr. Rand also pointed out that there may be a secondary tower within ordinance height limit erected upon the roof of the building. Further discussion of the proposal resulted in a motion to approve the application as filed. The motion passed by a vote of 7 ayes, 0 noes, and 2 absent. February 17, 1987 Item No. 2 - Z-4792 Owner: Benjamin C. McMinn Address: 2324 North Tyler Description: The East 150 feet of Lot 9, Block 6 Newton's Addition Zoned: "R-2" Variances Requested: From the area provisions of Section 7-101.2/d.2 to permit a garage with a reduced side yard. Justification: I am making this request so that I can build a garage with a room over same in order to keep the same basic house design. The reason I need the waiver on the side yard is the chimney of the present house sticks out two feet; and therefore, I would not have room enough to have a garage and open the doors of a car without a waiver. I would like a garage so that I can keep my automobile out of the elements and go directly from the house to the car during snow and inclement weather. Present Use of Property: Single Family Proposed Use of Property: Single Family STAFF REPORT: A. Engineering Issues No issues have been identified by the Engineering staff. B. Staff Analysis The request is to allow a garage with a side yard of five feet at the nearest point to the property line. This will create an encroachment of approximately 1.8 feet at the east end of the garage because the ordinance requirement is 10 percent of the average width of the lot or 6.79 feet. Because of the way the February 17, 1987 Item No. 2 - Continued residence is situated on the lot, the setback for the garage will increase to seven feet east to west if it is built as proposed on the site plan. The location appears to be the only one available because of the existing driveway and the south side having the greater setback. Reducing the yard area should have no impact on the lots to the south because they have a rear yard relationship and the only structure close to the proposed garage is a carport. Staff feels that adequate justification has been provided and supports the request. C. Staff Recommendation Staff recommends that the variance be granted. BOARD OF ADJUSTMENT ACTION: (2-17-87) The applicant, Mr. Ben McMinn, was in attendance. After receiving staff recommendation of approval he indicated he had no additional comments. There were no objectors in attendance. After a brief discussion, the Board voted on a motion to approve the variance as requested. The motion passed by a vote of 7 ayes, 0 noes, and 2 absent. February 17, 1987 Item No. 3 - Z-4794 Owner: Martin Homes Inc. Address: 515 Trumpler Description: The South 70 feet of Lots 6, 7 and 8 Block 8, Gibralter Heights Addition Zoned: "R-2" Variances Requested: From the area provisions of Section 7-101.2 /d.1 to permit a reduced front yard setback. Justification: Martin Homes Inc. is requesting a side street variance from the required 25-foot setback to a proposed 8.5-foot setback on the property due to the narrow size of the lot. By granting this request, it will enable us to face the proposed dwelling on Trumpler Street as are all existing homes on the 500 block of Trumpler. If forced to face the dwelling on Arthur Street, the 70 -foot depth of the lot will not allow the homeowner a backyard on any size. It also would be very difficult to find a house plan narrow enough to face Trumpler Street and allow for a 25 -foot setback. Redrawing of the lot lines cannot be done because of the existing houses. Present Use of Property: Vacant Proposed Use of Property: Single Family STAFF REPORT: A. Engineering Issues None reported. February 17, 1987 Item No. 3 - Continued B. Staff Analysis The issue before the Board is to permit a variance from the setback requirements for a corner lot. The ordinance states that "in the case of a double frontage lot or a corner lot, each line separating such lots on the street shall be considered a front lot line." Because of that definition, a corner lot has two front yards and the required setback is 25 feet in the "R-2" district. On a conventional lot, this does create a hardship, especially when trying to maintain the existing block face. On this particular block, all of the existing residences are oriented the way the proposed house is, and staff feels maintaining this pattern would be more desirable. Decreasing a setback on the south side will have no effect on other properties in the neighborhood, and staff sees no problem with granting the necessary variance. C. Staff Recommendation Staff recommends approval of the variance as requested. BOARD OF ADJUSTMENT ACTION: (2-17-87) The staff offered the petition and its recommendation of approval. The applicant, Mr. Tim Martin, was present adding that he had no additional comment. A brief discussion followed. A motion was then made to approve the variance as filed. The motion passed by a vote of 7 ayes, 0 noes, and 2 absent. February 17, 1987 Item No. 4 - Z-4795 Owner: Martin Homes Inc. Address: 500 Trumpler Street Description: Lot 16, and the North 12.5 feet of Lot 15, Block 7 Gibralter Heights Addition Zoned: "R-2" Variances Requested: From the area provisions of Section 7-101.2 /d.1 to permit a reduced front yard setback. Justification: Martin Homes Inc. is requesting a side street variance from the required 25-foot setback on the property. This would allow us to face a proposed dwelling on Trumpler Street rather than on Archer. We request this variance for several reasons. The narrow width of the lot would make building a home facing Archer Street very difficult as there would be no backyard. Also, in keeping with the continuity of the street, a home facing Trumpler Street would be more desirable. Present Use of Property: Vacant Proposed Use of Property: Single Family STAFF REPORT: A. Engineering Issues No adverse comments. B. Staff Analysis The request is to grant a variance for a front yard setback on a corner lot which the ordinance requires to be 25 feet on both street sides. The ordinance defines each line separating the lot from the street right -of -way as a front lot line and, thus, creating a front yard setback requirement. This lot is to the February 17, 1987 Item No. 4 - Continued northwest of the property that was considered in Item No. 3, Z-4794, and as with the other request, the owner is trying to maintain the existing development. The proposed plan provides an adequate rear yard area which is more desirable and the setbacks conform to a majority of the residents in the neighborhood. Requiring the 25 feet could possibly make the lot unbuildable because of disrupting the yard areas and would orient the house to the north. Staff's position is that a hardship does exist and supports the setback variance. C. Staff Recommendation Staff recommends that the requested variance be granted. BOARD OF ADJUSTMENT ACTION: (2-17-87) The Planning staff offered the petition and its recommendation of approval. Mr. Tim Martin, the applicant, was present and stated that he had nothing to add. After a brief discussion of the request, a motion was made to approve the variance as filed. The motion passed by a vote of 7 ayes, 0 noes, and 2 absent. February 17, 1987 Item No. 5 - Other Matters Owner: Kenneth Okpala Address: 3907 West 13th Street (Zoned "C -3") Request: To review the development criteria section of the "C -3" district. STAFF REPORT: The owner is asking the Board of Adjustment to review the "C -3" development criteria and how it applies to temporary outdoor storage and display. The request was filed after the owner received a warning notice from the City instructing him to cease outdoor storage and display of merchandise at 3907 West 13th. In addition, the placement of the goods has been blocking the sidewalk because the building has no front yard area. According to the owner, the front yard has to be used for loading and unloading of the merchandise because the structure provides no other adequate location for this function. The items are either moved into the building or placed on a truck for delivery to other sites, and the turnover is fairly rapid with no full -time display taking place. The development criteria section for the "C-3" district reads as follows: All commercial uses shall be restricted to closed buildings, except parking lots, plant nurseries, promotional events and normal pump island services of service station operations. In addition, outdoor display of merchandise is allowed in an area equal to one-half of the facade area of the front of the building. Certain seasonal or special event sales may be allowed when the owner has requested a permit for such activity in conjunction with a privilege license application. The permitting authority shall review the owner's plan or placement of merchandise in order to assure that obstruction of drives, walks, required parking and fire lanes does not occur. In no case shall full-time static open display be permitted. February 17, 1987 Item No. 5 - Other Matters BOARD OF ADJUSTMENT ACTION: (12-16-86) Kenneth Okpala was present and addressed the Board. He said that the merchandise had not been blocking the sidewalk and that the items were left in front of the building because he operates a service business. Jim Hathcock of the City's Enforcement office then spoke. He said that Mr. Okpala was using the public right-of-way for storage which was not permitted by City ordinance. There was a long discussion, and Mr. Okpala said that he thought his survey indicated that there was some private property between the structure and the right-of-way line. After some additional comments, a motion was made to defer the matter to January 20, 1987, to allow Mr. Okpala to review his survey with the City. The motion passed by a vote of 5 ayes, 0 noes and 4 absent. BOARD OF ADJUSTMENT ACTION: (1-20-87) Staff recommended that the item be deferred. A motion was made to defer the matter to the February 17, 1987, meeting. The motion passed by a vote of 6 ayes, 0 noes, and 3 absent. BOARD OF ADJUSTMENT ACTION: (2-17-87) The Planning staff briefly outlined the issue and asked that Jim Hathcock of the Environmental Codes Office present his report and an update on the enforcement issue. Mr. Hathcock then made a presentation of the information provided by the applicant which generally reflected that there was not private property existent between the face of Mr. Okpala's building and the sidewalk; the sidewalk lying totally within the right -of -way. Mr. Hathcock presented photographs of the area along the sidewalk in front of the building reflecting several dates several weeks apart. These photos reflected the same activity and in several instances the same appliances on the sidewalk. Mr. Hathcock offered this as an indication that the applicant was not utilizing the sidewalk for temporary drop off of merchandise but was in fact using it for longer term storage. Mr. Hathcock further stated there was an additional violation issue attached to the outdoor storage and display of appliances. However, this was something outside the jurisdiction of the Board of Adjustment. The Board members then discussed the matter asking questions as to what the Board's position was relative to the enforcement action and the potential for granting variances. The Planning staff and City Attorney offered that the Board had no position relative to public right -of -way inasmuch as the Zoning Ordinance provisions stop at the right -of -way line. Mr. Okpala was asked to comment on the issue. He presented several statements in February 17, 1987 Item No. 5 - Other Matters support of his continued usage of the sidewalk. He stated that he felt he should be allowed to utilize up to approximately 2' of the sidewalk inasmuch as his building overhanqs the sidewalk to that degree. Further discussion occurred between Mr. Okpala and the Board resulting in direction to him to meet with Mr. Hathcock for a determination as to resolution of his problem through a franchise application. A motion was then made to remove this matter from the Board of Adjustment Agenda inasmuch as the Board did not have authority to grant variances of the requested nature. The motion was passed by a vote of 7 ayes, 0 noes, and 2 absent. February 17, 1987 There being no further business before the Board, the meeting was adjourned at 3:00 p.m. Chairman Planning Director Date