boa_05 18 1987LITTLE ROCK BOARD OF ADJUSTMENT
MINUTE RECORD
MAY 18, 1987
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: Thomas McGowan
George Wells
John McDaniel
Cynthia Alderman
Jim Mitchell
Ronald Pierce
Rex Crane
Members Absent: Ronald Woods
Joe Norcross
City Attorney: Stephen Giles
May 18, 1987
Item No. A - Z-4822-A
Owner: Noel Gattis and Terry Jones
Address: Sibley Hole Road at Nash Lane
Description: Long Legal
Zoned: "R-2" (an "I-2" request has been filed)
Variances
Requested: From the floodplain restrictions of
Paragraph A of Paragraph 4 of Section B
of Article 5 of Ordinance 14,534 to
permit a roadway at existing elevations
and levees for ponds, the total of which
is 25 feet from the floodway.
Justification: (1) The applicants propose to use the
property (and property adjacent
thereto) for the sale of dressed
catfish (food store) and to provide
catfish ponds for the public to
catch fish that they can purchase
for consumption off the premises.
The variance for the roadway is
requested because the City Planning
officials have indicated that they
do not desire additional commercial
traffic on Sibley Hole Road and the
entrance off the Interstate 30
Frontage Road is necessary for the
promotion of the proposed business.
The roadway will be at an elevation
no greater than that existing.
(2) The variance for the pond is
necessary to build levees, the tows
for which are 25 feet from the
floodway. The ponds will be no
deeper than five feet, and
appropriate excavation will be done
to more than offset any necessary
filling. The ponds will increase
the water storage capacity in the
area, and the plan development is a
beneficial use for a floodplain
area. Rather than proposing to
build a structure, the development
will be attempting to maintain the
natural character of the area.
May 18, 1987
Item No. A - Continued
Present Use of
Property: Vacant
Proposed Use of
Property: Catfish Fishing Pond
STAFF REPORT:
A. Engineering Issues
Engineering has no problems with the variance requested
if the roadway is constructed at the existing
elevation.
B. Staff Analvsis
The request is to grant several variances from the
floodplain restrictions of the City Ordinance to permit
the site to be developed for a commercial catfish
fishing facility. To accomplish this, two ponds and an
access drive to the I-30 Frontage Road will have to
constructed for the development. A portion of the
proposed roadway is in the designated floodway, and the
levees will be 25 feet from the floodway line, thus
creating the need for the variance. (Based on
conversations with the Enqineerinq staff, the 25 feet
is the City requirement so that part of the request
needs to be clarified by the applicant.) The roadway
will be built at the existing elevation and should help
direct traffic flow away from Sibley Hole Road which
staff strongly supports and encourages. Because of
development in the vicinity, the ponds should not
create any problems and could possibly add to the
storage capacity of the area. The proposed use is
reasonable as is the necessary variance, but in
addition to the BOA action, an "I-2" rezoning must also
be approved by the City to permit the operation.
C. Staff Recommendation
Staff recommends that the floodplain variance be
granted subject to the "I-2" rezoning being approved by
the City Board of Directors.
BOARD OF ADJUSTMENT ACTION: (4-20-87)
Staff reported that the item needed to be deferred because
the required notification of property owners had not been
completed. A motion was made to defer the request to the
May 18, 1987, meeting. The motion was approved by a vote of
8 ayes, 0 noes, and 1 absent.
May 18, 1987
Item No. A Continued
BOARD OF ADJUSTMENT ACTION: (5-18-87)
The applicant was represented by Peggy O'Neal, an attorney.
There were three present in attendance who expressed an
interest in the case. Ms. O'Neal spoke and said that she
agreed with the staff's condition and that she had discussed
the floodway issue with Mike Batie of the City Engineering
staff. Ms. E. Cottey, an adjacent property owner, then
addressed the Board. She said she was concerned with the
water flow in the area and how the road would effect that.
Ms. O'Neal said that the proposed drive would not change the
flow or impact of the land in the area. There was some
additional comments made by the various individuals. A
motion was made to grant the floodplain variance subject to
the necessary reclassification being approved by the City
Board of Directors, and the City's Engineering Office
approval of the variance. The motion was approved by a vote
of 6 ayes, 0 noes, 2 absent and one abstention
(John McDaniel).
May 18, 1987
Item No. 1 - Z-4091-A
Owner: Patrick and Judy Goss
Address: 2800 North Taylor
Description: Lot 7 and the South 20 feet of Lot 8
Block 16, Parkview Addition
Zoned: "R-3"
Variances
Requested: From the area provisions of Section
7-101.3 /D to permit a new garage with
a reduced front and rear yard.
Justification:
The lot is only 65 feet wide and the
ordinance requires the garage to be no
closer to the side street or back
property line than 25 feet. Putting it
25 feet from the side street would leave
only 14 feet of yard area behind the
garage. Putting it 25 feet from the back
line would put it on top of the house.
That would block the back corner of the
yard and make it usable. The driveway
to the garage will be off "Z" Street.
"Z" Street extends only a half block
from the house to a "T" intersection
with North Fillmore. There is almost no
traffic on "Z" Street. Most of the
traffic is from four houses that have
driveway entrances off "Z" in the block
and a few people who live on Fillmore
use "Z" as an access from Taylor which
is a well traveled street. Moving the
garage to within 20 feet of "Z" would
not adversely effect the appearance of
the house or the use of the property by
our neighbors. In fact, it would
probably improve the appearance of the
yard. The placement of the garage at
that location would be better balanced
on the lot.
Present Use of
Property: Single Family
Propesed Use of
Property: Single Family
STAFF REPORT:
A. Engineering Issues
None reported.
May 18, 1987
Item No. 1 - Continued
B. Staff Analvsis
The request is to grant a setback variance for a new
garage to be constructed in the rear yard area.
Because of being located on a corner, the lot has two
front setbacks, "Z" Street and Taylor. With this
particular request, the garage is an accessory
structure because it is not attached to the residence.
Setback requirements for an accessory building are 60
feet for a front property line and three feet from the
rear line. (25 feet is front yard setback for a
principal structure.) The proposal is to place the
garage 20 feet from "Z" Street and approximately two
feet from the rear property line. In addition to the
lot size and being on a corner, the residence has a
40 -foot setback from Taylor Street which creates a
hardship for meeting any type of rear yard setback.
The location selected by the owners is the most design
sensitive because it still provides some yard area and
a functional structural arrangement. Staff feels that
adequate justification has been furnished and supports
the request. After reviewing the site plan, staff has
determined that the new construction, the garage and a
deck exceeds the 30 percent rear yard coverage
provision and the Board needs to act on a secondary
variance for that.
C. Staff Recommendation
Staff recommends approval of all necessary variances.
BOARD OF ADJUSTMENT ACTION:
The applicant was present. There were no objectors. A
motion was made to approve all necessary variances for the
garage structure including the 30 percent rear yard coverage
provision. The motion passed by a vote of 7 ayes, 0 noes
and 2 absent.
May 18, 1987
Item No. 2 - Z-4537-A
Owner: J.M. Products, Inc.
Address: 4209 and 4211 Asher Avenue
Description: Lots 15, 16, 17 and 18, Block 2
Remmel Addition
Zoned: "I-2"
Variances
Requested: From the area provisions of Section
7-104.2/E to permit a new building with
reduced front and rear yard setbacks.
Justification: Because of the unusual configuration of
the lot, J.M., Inc. plans to best
utilize the property by constructing the
front of the warehouse on the same
building line as the adjoining structure
on the block. In order to best utilize
the available space, the rear wall will
be constructed 14.4 feet from the rear
property line. It must be noted,
however, that the property to the rear
of the warehouse is also owned by J.M.
Products and is bordered by an old
10 -foot right -of -way which leads nowhere
and terminates at a three foot high
concrete slab (i.e., at the rear of Lots
15 and 16). According to neighboring
property owners, this right-of-way has
never been in use. Floodplain elevation
benchmarks have been established for the
property as noted on the attached
survey.
In order to comply with the zoning
requirements, the present parking lot is
being relocated from Lots 17 and 18 to
the south end of Peyton Street at 32nd
Street. It will occupy a portion of Lot
26 and all of Lot 27, Block 2, Remmel
Addition, to the City of Little Rock.
Present Use of
Property: Vacant building and parking lot
Proposed Use of
Property: Warehousing
STAFF REPORT:
A. Engineering Issues
None reported as of this writing.
May 18, 1987
Item No. 2 - Continued
B. Staff Analysis
The proposal is to construct a new warehouse on four
lots located on Asher Avenue just east of Peyton
Street. There is currently a substandard structure on
the eastern two lots that will be removed for the new
construction. To accomplish this, the owners are
requesting variances from the front and rear yard
setbacks. In the "I-2" district, the setbacks are 50
feet for the front and 25 feet for the rear yard. The
plan calls for a 15-foot front setback and a 14.5 feet
setback in the rear with the side yards meeting the
ordinance provisions. The owners of the site in
question also own the property to the south, so the
rear yard encroachment is not a major issue, especially
with a 10-foot platted alley separating the two
parcels. The proposed front yard setback will maintain
the existing building line established by structures on
this block, one to the west and the existing building
on the property. Most properties along Asher Avenue do
not conform to the setback requirements because the
buildings were constructed prior to the adoption of the
current Zoning Ordinance, so the reduced yard area is
not a radical departure from the development pattern
for the area. The warehouse will vastly improve the
property and redevelopment along Asher Avenue should be
supported.
C. Staff Recommendation
Staff recommends approval of the variance request as
filed.
BOARD OF ADJUSTMENT ACTION:
The applicant, Michael Joshua, was present. Ron Ross, an
architect, was also in attendance. There were no objectors.
Mr. Joshua indicated that he had no problems with the City's
traffic engineer reviewing access and circulation. A motion
was made to grant the variance subject to the traffic
engineer's review of traffic and circulation. The motion
was approved by a vote of 7 ayes, 0 noes and 2 absent.
May 18, 1987
Item No. 3 - Z-4651-A
Owner: James Watkins
Address: 13001 Colonel Glenn Road
Description: Lot 1-R, Watkins Commercial Plat
Zoned: "C-4"
Variances
Requested: From the area provisions of Section
7-103.4/E.1 to permit new construction
with a reduced setback.
Justification:
We propose to build 3,000 square feet of
warehouse space aligning with the
present building. The construction of
an unenclosed customer dock will
eliminate extensive grading toward
Colonel Glenn right -of -way even though
such grading would be acceptable without
a zoning variance. It is definitely in
the interest of space conservation and
drastic reduction of excavation toward
Colonel Glenn right -of -way that this
request is being made. Because of the
high elevation of Colonel Glenn Road,
the proposed loading dock will have
extremely low visibility.
Present Use of
Property: Commercial
Proposed Use of
Property: Commercial
STAFF REPORT:
A. Engineering Issues
None reported.
B. Staff Analvsis
The request before the Board is to allow new
construction to encroach into the 45 foot front yard
setback for a "C-4" piece of property. Being located
on a corner requires the site to have a 45-foot setback
from both Colonel Glenn Road and Lawson Road. The
proposal is to construct a 3,000 square foot addition
May 18, 1987
Item No. 3 - Continued
to the existing building with a dock area that will
extend beyond the 45 foot setback. The addition itself
maintains the front yard setback. The dock will be an
open structure and serve the customers. It appears
that the selected location is the most reasonable in
terms of traffic flow and allowing the owner to
preserve the area to the rear for future expansion, if
that ever becomes necessary. Because of the grade
difference between the site and Colonel Glenn Road, the
visual impact of the dock intrusion will be minimal.
There are no major issues associated with this request,
and staff supports the variance.
C. Staff Recommendation
Staff recommends approval of the requested variance as
filed.
BOARD OF ADJUSTMENT ACTION:
The applicant, Sam Davis, was present. There were no
objectors. Mr. Davis discussed the traffic engineer's
concern and said that a 20-foot driveway could be provided
for two -way flow. Henk Koornstra, City Traffic Engineer,
said that 20 feet was adequate for two -way movement. A
motion was made to grant the variance as filed. The motion
was approved by a vote of 7 ayes, 0 noes and 2 absent.
May 18, 1987
Item No. 4 - Z-4825
Owner: M.W. Williams
Address: 1022 West 23rd
Description: Lot 6 and part of Lot 5, Block 5
W. Worthen Addition
Zoned: "R -4"
Variances
Requested: From the area provisions of Section
7- 101.4 /D.1 to permit a carport with a
reduced front yard.
Justification: Because of the type of construction,
this is the location available.
Present Use of
Property: Single Family
Proposed Use of
Property: Single Family
STAFF REPORT:
A. Engineering Issues
None reported.
B. Staff Analysis
The residence at 1022 West 23rd Street currently has a
one car carport that is attached to the west side of
the house, and the proposal is to enlarge the carport
to make room for one additional car. A 25-foot setback
is required from 23rd and Ringo Streets, and the
request is to reduce both yard areas to 17 feet. The
extension will match the existing building line on the
West 23rd Street side and along the north side of the
house. The only real change being proposed is the
8 -foot encroachment on the Ringo Street side and that
is not a significant modification because it will
involve an open carport. Visually, the decreased yard
area will be noticeable from Ringo Street because the
other residences have maintained the 25-foot setback
but this is not a major concern. In addition to being
an open carport, staff recommends that a flat roof be
utilized for the new construction. This should help
minimize any potential impacts from the yard area
intrusion.
May 18, 1987
Item No. 4 - Continued
C. Staff Recommendation
Staff recommends approval of variance for an open
carport.
BOARD OF ADJUSTMENT ACTION:
Staff reported that the applicant had submitted a written
request for a withdrawal. A motion was made to withdraw the
item from consideration. The motion was approved by a vote
of 7 ayes, 0 noes and 2 absent.
May 18, 1987
Item No. 5 - Z-4826
Owner: Parilee Mansker
Address: 2301 Ringo Street
Description: Lot 1, Block 8
W. Worthen Addition
Zoned: "R-4"
Variances
Requested: From the area provisions of Section
7-104 /D to pemit a new garage with
reduced front and rear yards.
Justification: The proposed location is the only one
available for the garage.
Present Use of
Property: Single Family
Proposed Use of
Property: Single Family
STAFF REPORT:
A. Engineering Issues
None reported.
B. Staff Analvsis
The proposal is to build a new garage, attached to the
residence with a breezeway, and reduce several of the
setbacks. (An existing garage in the southeast corner
of the lot has been removed.) Because of being
situated on a corner, a 25-foot yard is required on the
West 23rd Street side and the rear yard setback is also
25 feet. If the garage was detached with an accessory
structure, no rear setback would be required because of
being adjacent to an alley, but then 60 feet would be
the requirement from West 23rd Street. It appears that
any new construction in the rear yard area would
require some type of variance because of the lot size
and the setback provisions for a corner lot. Staff
feels that the proposed location for the garage with
the necessary variance is reasonable and supports the
request. This arrangement is very common for the
neighborhood and the approval will not establish
undesirable precedent. Directly to the east, there is
an existing garage constructed on two property lines.
May 18, 1987
Item No. 5 - Continued
C. Staff Recommendation
Staff recommends approval of the variance as filed.
BOARD OF ADJUSTMENT ACTION:
Staff informed the Board that the applicant had requested
that the application be withdrawn. A motion was made to
withdraw the variance issue. The motion was approved by a
vote of 7 ayes, 0 noes and 2 absent.
May 18, 1987
Item No. 6 - Z-4827
Owner: Shur -Value Stamps, Inc.
Address: 6901 I -30
Description: Long Legal
Zoned: "I-2"
Variances
Requested: From the off- street parking provisions
of Section 8 -101 /I to permit a parking
area not meeting ordinance design
standards.
Justification: The property in question was acquired
for future expansion of a dairy
facility. The plans are to expand in
the next two to three years. At the
present time, the property is used for
parking empty trailers which are waiting
to be loaded and moved to their final
destination. It would create a real
hardship on the company if they had to
black top or pave the property due to
the fact that it would have to be torn
up when the company is ready to expand.
For this reason, we are asking for a possible
3 -year variance to allow the necessary
time to finalize the plans.
Present Use of
Property: Parking
Proposed Use of
Property: Expansion of Packaging Facility
STAFF REPORT:
A. Engineering Issues
None reported as of this writing.
B. Staff Analysis
The request is to permit parking of vehicles on an area
not meeting ordinance standards. The minimum pavement
requirement is:
1 1/2 inches asphaltic concrete hot mix with a
5-inch compacted base or a double surface
treatment with a 5-inch compacted base or a 4-inch
concrete slab and shall have appropriate bumper
guards as needed.
May 18, 1987
Item No. 6 - Continued
The property is currently being utilized for parking by
the Gold Star Dairy which is located directly to the
south. The dairy owns both tracts and their future
plans call for expansion and using the site in
question. Because of this, the owners feel that paving
the lot would cause a hardship due to the fact that in
2 to 3 years the pavement surface would have to be
removed. Staff agrees with this and supports a
temporary variance for the site.
C. Staff Recommendation
Staff recommends approval of the pavement variance for
a period of 24 months from the date of approval.
BOARD OF ADJUSTMENT ACTION:
Staff reported that the request needed to be deferred
because the applicant failed to notify the property owners.
A motion was made to defer the request to the June 15, 1987,
meeting. The motion passed by a vote of 7 ayes, 0 noes and
2 absent.
May 18, 1987
Item No. 7 - Z-4828
Owner: Randall M. Davidson
Address: 2523 North University
Description: Lot 1, Block 8, Parkview Addition
Zoned: "R -2"
Variances
Requested: From the area provisions of Section
7-101.2 /D.1 to permit a new residence
with a reduced front yard.
Justification: Lot width and the 25-foot side yard
would only allow a 14.5-foot wide house.
Also, a 5-foot side yard is quite common
in this neighborhood.
Present Use of
Property: Single Family
Proposed Use of
Property: Single Family
STAFF REPORT:
A. Engineering Issues
None reported.
B. Staff Analysis
The issue before the Board is to grant a variance from
the setback provisions for a corner lot. The Zoning
Ordinance states that in the case of a corner lot, each
line separating such lot from the street shall be
considered a front lot -line. The required setback for
a front yard in "R-2" is 25 feet, and the proposal is
to reduce it to five feet. The lot in question is 50
feet wide and maintaining a 25-foot yard area along
"X" Street would create significant design problems and
allow a residence that is totally out of character with
the rest of the neighborhood. Throughout this area,
there are very few corner lots that have the necessary
setback and what is being proposed with this
application is more in keeping with the norm for the
area. The applicant also owns the two lots directly to
the south, and he plans to develop the properties with
identical yard areas so the request is compatible with
May 18, 1987
Item No. 7 - Continued
the block and will maintain the existing development
pattern. Staff feels that a hardship does exist and
support the variance for a 20-foot encroachment.
Currently, the lot is occupied by a single structure
with similar setback relationships so the appearance of
the lot will not change. If the variance is granted,
the existing residence will be removed.
C. Staff Recommendation
Staff recommends approval of the variance request.
BOARD OF ADJUSTMENT ACTION:
The applicant was present. There were no objectors. A
motion was made to grant the variance as filed. The motion
was approved by a vote of 7 ayes, 0 noes and 2 absent.
May 18, 1987
Item No. 8 - Z-4829
Owner: Nina Crook
Address: 1901 North Hughes
Description: Lot 23, Kavanaugh Place
zoned: "R-2"
Variances
Requested: From the area provisions of Section
7-101.2 /D.1 to permit a front yard
setback of 21 feet in lieu of 25 feet.
,Justification: The existing carport space will be
utilized for new enclosed space
requiring extension beyond the setback
line for a roof covering and support
columns only.
Present Use of
Property: Single Family
Proposed Use of
Property: Single Family
STAFF REPORT:
A. Engineering Issues
None reported.
B. Staff Analvsis
The request is to permit a carport extension and a
terrace to encroach into the required 25-foot setback
for the front yard area. The amount of intrusion will
be minimal because of the type of construction being
proposed. The carport will just have four support
columns and a roof in the setback area with a terrace
being similar in terms of the structural involvement.
Having to extend the carport toward the street is being
created by new construction that is proposed for the
south side which will enclose some of the existing
carport space. The location of this addition is being
dictated by the type of space and structural
arrangement of the residence. The terrace will enlarge
the existing front porch area and make it more
functional. Staff feels that the proposed
encroachments are very minor and will not have any
impacts on the surrounding properties.
May 18, 1987
Item No. 8 - Continued
C. Staff Recommendation
Staff recommends that the setback variance be granted.
BOARD OF ADJUSTMENT ACTION:
The applicant, Gordon Duckworth, was present. There were no
objectors. Mr. Duckworth indicated that an engineering
issue had been resolved and it was no longer a concern. A
motion was then made to grant the variance as filed. The
motion was approved by a vote of 7 ayes, 0 noes and
2 absent.
May 18, 1987
Item No. 9 - Z-4830
Owner: Everett A. Ham III
Address: 721 West 2nd Street
Description: The W 1/2 of Lot 1, and the N 1/2 of the
W 1/2 of Lot 2, Block 134
Original City of Little Rock
Zoned: "C-4"
Variances
Requested: 1. From the area provisions of Section
7-103.4/E to permit a new addition
with a reduced setback.
2. From the off-street parking
provisions of Section 8-101 /B.2 to
permit less parking spaces than
required by ordinance.
Justification: There is no need for additional parking
because the proposed space is to be used
by the present occupants. The addition
is to be a second floor matching the
existing setback lines.
Present Use of
Property: Office
Proposed Use of
Property: Office
STAFF REPORT:
A. Engineering Issues
None reported.
B. Staff Analysis
The primary issued involved with this request is to
grant a variance from the number of parking spaces
required because of a proposed addition to the
building. The new construction will involve a new
second floor that will match the footprint of the
existing building which does not provide any of the
required yard areas for the "C-4" district. Because of
this, staff has determined that the Board should also
act on a setback variance because of expanding a
May 18, 1987
Item No. 9 - Continued
nonconforming structure. This is to ensure that there
will not be any ctuestions in the future regarding the
building's nonconformity. Currently, the structure has
approximately 2,200 square feet and with the addition,
this will be increased to 4,500 square feet. The
property is used for an office which requires one space
per 400 square feet of floor area, or 11 to 12 parking
spaces in this situation. There are seven spaces
on -site, so the parking variance is for five spaces.
Because the addition will be utilized primarily for a
library and conference room, staff feels that a parking
variance is reasonable. Also, the applicant has noted
that no new tenants or employees are anticipated
because of the new space.
C. Staff Recommendation
Staff recommends approval of the setback variance and
the parking variance for the current number of
employees only.
BOARD OF ADJUSTMENT ACTION:
The applicant, Virginia Atkinson, was present. There were
no objectors. Ms. Atkinson addressed the Board and said
that the proposed space, a library and conference room,
would be for her use with no plans to rent out the new area.
She went on to say that the existing roof needed to be
replaced and because of that work, it was decided to add a
second floor. There were some comments about the existing
parking, and Henk Koornstra, City Traffic Engineer, said
that it was illegal because of maneuvering into West 2nd
Street. There was a long discussion about the existing
situation and parking. Ms. Atkinson said that there are
three people in the building, and that she has a 99-year
lease on it. Staff pointed out that a variance approval
could be tied to Ms. Atkinson's occupancy. Several Board
members expressed concern over the amount of floor area for
so few people and the parking. Ms. Atkinson told the Board
that there was off street parking available in the area. A
motion was made to grant the variances and attach them to
Virginia Atkinson's occupancy only. The vote: 2 ayes,
4 noes, 2 absent and 1 abstention (Rex Crane). The motion
failed and the requested variances were denied.
May 18, 1987
There being no further business before the Board, the
meeting was adjourned at 2:35 p.m.
Chairman Secretary
Date