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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