boa_06 16 1986LITTLE ROCK BOARD OF ADJUSTMENT
MINUTE RECORD
June 16, 1986
2:00 P.M.
I. Roll Call and Finding of a Quorum
A Quroum was present being 8 in number.
II. Approval of the Minutes of the Previous Meeting
The minutes were approved as mailed.
III. Members Present: Joe Norcross
Thomas McGowan
George Wells
John McDaniel
Ronald Woods
Jim Mitchell
Ronald Pierce
Herbert Rideout
Members Absent: Richard Yada
City Attorney: Pat Benton
June 19, 1986
Item No. A - Z-4665
Owner: John and Gwendolyn Turrentine
Address: 1513 West 23rd Street
Description: Lot 4, Block 17, Fleming and Bradford
Addition
Zoned: "R-4" Two Family
Variance
Requested: From the rear yard setback provisions
of Chapter 43/7-101.4/D.3 of the Code
of Ordinances to permit construction of
an addition 22' x 33.6'.
Justification: 1. Access problems due to age, failing
health and loss of sight in one eye.
2. Security
3. Neighboring structures on rear
property line.
4. The 23rd Street side of the lot is
very steep with several easements.
Present Use of
Property: Residential
Proposed Use
of Property: Residential
STAFF REPORT
A. Engineering Issues
No issues have been identified by Engineering.
B. Staff Analvsis
The owner of 1513 West 23rd is requesting a setback
variance for an addition attached to the back of the
residence with a 20-foot rear yard. In an "R-4"
district, a setback of 25 feet is required so the
encroachment will be 5 feet. The proposal is to
June 19, 1986
Item No. A - Continued
construct a 22' x 34' addition that will provide space
for a covered carport and a family room. The lot does
have some features such as a grade difference which
restricts the proposed construction to the rear of the
property. The structure is utilized as duplex so that
also limits the possibilities for adding on any
additional floor area or carport. Along the south
property line, there is a paved alley which provides
adequate access for this lot and the other properties
that have similar structures or accessory buildings.
Because of the alley, there are a number of
garages /carports in the rear yard so the proposal is
consistent with the neighborhood. Staff feels that
proper justification for the variance has been provided
and supports the request. The location of the new
construction appears to be reasonable, and the reduced
setback will not affect the surrounding lots.
C. Staff Recommendation
Staff recommends approval of the rear yard variance as
filed.
BOARD OF ADJUSTMENT ACTION: (5-21-86)
The applicant was not present. The motion was made to defer
the request to the June 16, 1986, meeting. The motion was
approved by a vote of 8 ayes, 0 noes and 1 absent.
BOARD OF ADJUSTMENT ACTION: (6-19-86)
The owner was represented by George Mays. There were no
objectors in attendance. 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.
June 19, 1986
Item No. 1 - Z-3168-A
Owner: The Prewitt Companies
Address: 12201 Mara Lynn Road
Description: Long Legal
Zoned: "MF -12" Multifamily
Variance
Requested: From the building height provisions
of Section 7- 101.5.0 to permit 4
buildings to exceed 35 feet in overall
height
Justification: Existing slope of site allows a stepping
of building foundations to follow slope
Present Use of
Property: Vacant
Proposed Use
of Property: Multifamily 220 units
STAFF REPORT
A. Engineering Issues
No engineering requirements.
B. Staff Analysis
The proposal is to develop a 220 unit multifamily
project on 18.2 acres located at Mara Lynn and Napa
Valley Road. Because of the slope of the land and the
design of the structures, several of the buildings will
exceed the height limitation of 35 feet for the
"MF-12" district. Based on information provided by the
applicant, there are 4 buildings out of a total of 17
involved with the request. The height variances for
those structures are in the range of 6 to 7 feet for
the most part. Staff feels that this is not excessive
considering the site which decreases in elevation from
540 feet to 420 feet and does support the request.
This type of slope does create a hardship and the
proposed development plan tries to take advantage of
the site without destroying its physical character and
at the same time creating an attractive project. The
variance, if granted, will not impact any of the
surrounding developments.
June 19, 1986
Item No. 1 - Continued
C. Staff Recommendation
Staff recommends approval of the height variance as
requested.
BOARD OF ADJUSTMENT ACTION:
The applicant, Jeff Osborne, was present. There were no
objectors. A motion was made to approve the height variance
as requested. The motion passed by a vote of 8 ayes, 0 noes
and 1 absent.
June 19, 1986
Item No. 2 - Z-4329-B
Owner: Ford Leasing Development Company
Address: West Markham and Shackleford Drive
Northwest Corner
Description: Long Legal
Zoned: "C-4" Open Display
Variance
Requested: From the development criteria provisions
of Section 7-103.4 to permit open
display within the first 20 feet of
the front yard setback.
Justification:
The spaces in question occupy only a part of the area in
that particular 72 foot section of Markham Street and are
set back 10 feet from the property line. There will be
grassed areas which separate the individual spaces
and will essentially allow the front yard area to move
within and beyond the required 20 foot line. This
provides more than an average 20 foot front yard with a
equally positive affect on appearance from the street.
Also, the spaces themselves are round in shape and not
standard rectangular shape and that all the remaining
street frontage spaces are shown to allow 20 foot front yard
and no further exceptions are requested.
Present Use of
Property: Vacant
Proposed Use
of Property: Auto Dealership
STAFF REPORT
A. Engineering Issues
No engineering issues have been reported.
B. Staff Analysis
The request is to permit some display of autos in the
first 20 feet of the front yard setback of 45 feet.
June 19, 1986
Item No. 2 - Continued
In the "C-4" district the Zoning Ordinance states that
"there shall be no open display of any kind whatsoever
in the first 20 feet of the required front yard
setback ". The proposal is to have 5 concrete circular
pads in an area approximately 30x110 feet. Because of
this type of arrangement, there will be substantial
landscaping so the area will not be totally paved over
and have the appearance of a parking lot. In addition,
landscaping will extend to the sidewalk which will
create some very attractive green spaces along the West
Markham frontage. Staff feels that adequate
justification has been provided and supports the
variance. This type of display concept is quite common
and this particular location will be enhanced because
of the amount of landscaping.
C. Staff Recommendation
Staff recommends approval of the requested variance.
BOARD OF ADJUSTMENT ACTION:
The applicant, Robert Brown, was present. There were no
objectors in attendance. A motion was made to grant the
variance as requested. The motion was approved by a vote of
8 ayes, 0 noes and 1 absent.
June 19, 1986
Item No. 3 - Z-4674
Owner: Mr. & Mrs. Hillman Johnson
Address: #1 Valley Estates
Description: Lot 1, Pleasant Valley Estates
Zoned: "R -2" Single Family
Variance
Requested: From the rear yard provisions of
Section 7- 101.2/D.3 to permit a new
addition with reduced setbacks
Justification: Need for additional parking and
location of existing garage creates
some problems
Present Use of
Property: Single Family
Proposed Use
of Property: Single Family
STAFF REPORT
Staff has determined that there are no variance issues
associated with the addition as proposed. A building line
waiver will be required but that is reviewed by the Planning
Commission.
June 19, 1986
Item No. 4 - Z-4675
Owner: Alert Recovery, Inc.
Address: 931 Stagecoach Road
Description: Long Legal
Zoned: "R -2" Single Family
Variance
Requested: From the mobile home provisions of
Section 3- 101 /C.1.0 to permit location
of a mobile home as a security office
Justification: Need for office in which to house
security personnel due to possible
vandalism of property stored
Present Use of
Property: Storage of Repossessed Equipment and
Vehicles
Proposed Use
of Property: Same
STAFF REPORT
A. Enaineerina Issues
None reported.
B. Staff Analvsis
The request is to permit a mobile home on the property
for security purposes. The unit is in place on the
site and the issue is before the Board as a result of
an enforcement action by the City. The Zoning
Ordinance provides for the Board of Adjustment to
review and approve or deny applications for the
location of mobile homes or other structures in
existing home sites or on nonresidential sites. The
use of these structures shall be limited to 1 single
family dwelling unit for on -site security purposes.
The site is used for the storage of repossessed
vehicles and other items so it appears that additional
security is needed. There is a chain link fence around
the perimeter of the property so other steps have been
taken to provide security. Staff supports the variance
and feels that reasonable justification has been
provided. Support of the mobile home placement is
based on information that the use is a legitimate
nonconforming use because the property is zoned
June 19, 1986
Item No. 4 - Continued
"R-2" single family. If this is not the case, then
rezoning of site should be attempted prior to receiving
approval for the mobile home. Finally, the mobile home
is to be used for security only and not for additional
storage or anything else.
C. Staff Recommendation
Staff recommends approval of the variance provided that
the use has a nonconforming status and that the mobile
home unit be properly situated on the site.
BOARD OF ADJUSTMENT ACTION: (6-16-86)
Staff informed the Board that the required notification of
property owners had not been accomplished. A motion was
made to defer the request to the July 21, 1986, meeting.
The motion was approved by a vote of 8 ayes, 0 noes and 1
absent.
June 19, 1986
Item No. 5 - Z-4677
Owner: Francis A. Allen School
Address: 800 North Tyler (northwest corner of
(north Tyler and "G" Street)
Description: Lot 11 and South 1/2 of Lot 12 Block 2
Lincoln Park Addition
Zoned: "R-3" Single Family
Variance
Requested: From the parking provisions of
Section 8-101 to permit parking on
property zoned "R-3" and a gravel
parking lot
Justification: 1. The need for services for
handicapped children has
increased. The program expanded
from its original 12 to meet that
need resulting in a shortage of
parking spaces. The layout of the
neighborhood contributes to the
shortage. Parking is prohibited on
"H" Street to the North due to heavy
traffic and steep hills. A narrow
alley runs between the school and
our playground on the western side.
There are 4 parking spaces near
the alley and 3 of these are used
for parking buses. The southern
boundary consists of a one lane
driveway for parents to deliver or
pick up children from school. There
is no space for parking in this
drive. The only remaining boundary
available for parking is on Tyler to
the east.
2. The streets bordering our lots are
not curbed and guttered and are
made of asphalt. There are open
drainage ditches and some gravel
driveways. We do not believe the
presence of our gravel lot is a
detraction from the neighborhood,
but rather it is a needed addition
by providing off-street parking to
a congested area.
June 19, 1986
Item No. 5 - Continued
Present Use of
Property: Parking
Proposed Use of
Property: Parking
STAFF REPORT
A. Engineering Issues
Require that parking lot be paved with paved entrances.
B. Staff Analysis
There are two issues before the Board with this
location. The first is allowing an "R-3" lot to be
used for school parking and the second is permitting a
gravel surface for the lot. The Zoning Ordinance
states that "when detached parking facilities for
satellite parking lots are provided, they shall be
located on property which is zoned to allow the
principal use to which the parking will serve or they
must be approved by the Board of Adjustment." Also,
the Ordinance describes the necessary pavement
requirements for a parking lot which includes compacted
base and a permanent surface. The parking lot is being
used by the Francis A. Allen School which is located at
the southwest corner of Tyler and "H" Street. It was
brought to the attention of the school that they were
in violation of the Ordinance by the City Enforcement
Office not through a complaint, but rather by a field
check of another issue in the area. The streets are
substandard and very narrow in this neighborhood and
utilizing them for parking does create some problems at
times. The school site has no additional area for
parking so the school chose the next best option to
provide badly needed parking, another lot in the block.
It appears that use of the lot for parking has greatly
improved the situation and also a neighborhood eyesore
was removed from the lot. As the school has stated,
the situation is compounded by the fact that parking is
prohibited on "H" street so that does creates somewhat
of a hardship. Reasonable justification has been
provided and staff supports both variances but
recommends that the gravel surface not be permanent.
June 19, 1986
Item No. 5 - Continued
C. Staff Recommendation
Staff recommends granting the variance for the parking
on a "R-3" lot as requested and permitting the gravel
surface for a period of 36 months from the date of
approval.
BOARD OF ADJUSTMENT ACTION:
The applicant, Diane Carti, was present. There were no
objectors. Ms. Carti spoke briefly and submitted a petition
that supported the requested. She also agreed with the
staff's recommendation for the gravel surface. A motion was
made to approve the parking lot variance with the 36 month
time period from June 16, 1986, for the gravel surface. The
motion passed by a vote of 8 ayes, 0 noes and 1 absent.
June 16, 1986
There being no further business before the Board, the
meeting was adjourned at at 2:15 p.m.
Secretary Chairman
Date