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