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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