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boa_04 21 1986LITTLE ROCK BOARD OF ADJUSTMENT MINUTE RECORD APRIL 21, 1986 2:00 P.M. I. Roll Call and Finding of a Quorum A quorum was present being 6 in number. II. Approval of the Minutes of the Previous Meeting The minutes of the previous meeting were approved as mailed. III. Members present: George Wells Ronald Woods Richard Yada Thomas McGowan Herbert Rideout John McDaniel Members absent: Joe Norcross Open positions: 2 April 21, 1986 Item No. 1 - Z-4610-A Owner: David J. Jones Address: 10715 Mabelvale West Road Description: East 25 feet of Lot 8 and all of Lots 9, 10, 11 and 12, Block 21 Town of Mabelvale Zoned: "C-3" General Commercial Variance Requested: From the setback provisions of Section 7-103.3/d to permit new construction with a 10-foot and 15-foot side and front yard respectively Justification: As applicant, we ask for the variance for the following reasons: there is an existing building that currently stands over the setbacks. We propose an addition to this existing building. As the plans show, the building scheme is a U -shape which allows for a landscaped courtyard in the middle. It will also reduce the amount of new building that will be beyond the setback lines along Mabelvale West Road. The idea is to maintain a uniform building line matching the existing along both streets. Next, a new sloped roof is proposed that will tie the new and old buildings together into a cohesive whole. The building will be one story to keep with the surrounding residential appearance. Further, the U- shaped building configuration allows us to save all but a few trees on the site. Present Use of Property: Vacant and Little Rock Police Department Substation Proposed Use of Property: Commercial /offices STAFF REPORT: A. Engineering Issues Boundary street improvement in lieu fee shall be submitted at the time of building permit issue for main street. Also, a written agreement shall be completed with the City Engineer at the time of building permit issue for the remaining improvements on Mabelvale West Road. April 21, 1986 Item No. 1 - Continued Utility Comment New construction should recognize the presence of an 8 -inch sewer and its easement along the alley property line. B. Staff Analysis The subject site contains a single small building now used as a police substation which will be incorporated into the development. The land involved was annexed with the current nonconforming setbacks and this is part justification for the request. The Master Street Plan impacts this property to some extent due to dedication requirements. However, the City Engineer's Office advises that an alternate routing plan for through traffic may remove this involvement. They have suggested that no right -of -way be required at this time and have offered the thought that once the new arterial alignment is in place, Mabelvale West Road could be abandoned. This right -of -way area could then become part of the yard area. This would eliminate one variance relationship. We feel that the alley access needs attention. This owner should either gain control of the entire alley through abandonment and acquisition or improve it to carry the load of all traffic access to the site. C. Staff Recommendation Staff recommends approval of the requested variances subject to: (1) abandonment and acquisition of all of the alley for drives and parking, or (2) leave the alley open and improve it to street standards, (3) the owner should specify what, if any, commercial uses will be located within the complex and potentially increase the parking. The parking needs of the total complex should be identified. BOARD OF ADJUSTMENT ACTION: The staff offered its comments. There were no objectors present. The applicant was present and offered comments in support of his variance. After a brief discussion of the issues, a motion was made to approve the variances. The motion conditioned on the following modifications: April 21, 1986 Item No. 1 - Continued 1. Since the applicant has stated that the alley will remain open, the improvements to the alley should be to street standard, absent curb and gutter. 2. In the absence of specific listed uses within the structures, the owner is to commit to provide any necessary parking spaces per ordinance requirement for future changes in occupancy which increase the requirement overall. 3. Provide construction for in lieu funds as necessary on the main street side of the project. The motion passed by a vote of 6 ayes, 0 noes, 1 absent and 2 open positions. April 21, 1986 Item No. 2 - Z-4638 Owner: Girod Adkinson Address: 7204 Azalea Drive Description: Lot 109, Cloverdale Addition Zoned: "R -2" Single Family Variance Requested: From the rear yard provisions of Section 7-101.2/d.3 to permit a new garage with a 20-foot setback Justification: By connecting the garage to the house with a covering, I would be providing further protection for vehicles that I would park there and it would also not be necessary to park visitors vehicles on the street, thereby eliminating additional hazards to drivers on an already heavy traveled street. During periods of heavy rain, the covering would also prevent water from entering the garage since the garage carport and connecting slab are all on the same elevation. The covering would concentrate all vehicles under roof and close to the house, thereby lessening the chances of vandalism and creating a more pleasing view from the street with only one vehicle being seen in the carport instead of several in the driveway. By connecting the garage to the house by means of a roof, my property and especially the structures would become more attractive to the neighborhood by maintaining the architectural continuity of our home. Present Use of Property: Single Family Proposed Use of Property: Single Family STAFF REPORT: A. Engineering Issues No adverse comment received. April 21, 1986 Item No. 2 - Continued B. Staff Analvsis The staff visit to this site reveals a detached garage under construction. This construction in our estimation creates a circumstance that renders the canopy connection a minor issue. The garage encroachment and yard space is permitted as a detached building. Therefore, connection to the house does not create a light, air or congestion problem for neighbors in the conventional sense. The several issues of this nature which have been reviewed by the Board invariably results in a requirement to maintain the canopy and prohibit any sidewalls or storage room extensions. C. Staff Recommendation Staff recommends approval of the variance as filed subject to this being maintained as a roof over only and no enclosure of the side walls between the garage and house and no extension of the carport storage room. BOARD OF ADJUSTMENT ACTION: The staff presented its recommendation. There were no objectors present. The owner was present and offered a statement in support of his variance. A brief discussion was held resulting in a motion to approve the request as recommended by staff. The motion passed by a vote of: 6 ayes, 0 noes, 1 absent and 2 open positions. April 21, 1986 Item No. 3 - Z-4640 Owner: Signal Media of Arkansas Inc. Address: 2400 Cottondale Lane Description: Tract F-2A, Riverdale Addition Zoned: "I-2" Light Industrial District Variance Requested: From the radio tower provisions of Section 38.3 of the Code of Ordinances to permit a tower with a height of 199 feet Justification: The auxiliary transmitter which is used if our main transmitter is experiencing technical difficulty is also located in the Tower Building at Fourth and Center. When we are forced on auxiliary transmission, it interferes dramatically with computers and office machines located in other offices nearby. With our freestanding tower, the entire auxiliary section in the Tower Building could be eliminated and our auxiliary unit could then be placed up on Shanall Mountain. KHLT has an obligation to serve the public with vital news and information during emergency situations. The ability to transmit directly to Shanall Mountain would eliminate any retransmission of the signal. Therefore, eliminating this extra (link) and reducing the chance of interruption of radio service to the community. This is extremely important during periods of a national emergency or severe weather. It would eliminate any possible security problems since all equipment would then be housed in our main studios. Present Use of Property: Radio Broadcasting Proposed Use of Property: Remain the same STAFF REPORT: A. Engineering Issues No adverse comment received. April 21, 1986 Item No. 3 - Continued B. Staff Analysis This request is filed under provisions of the Tower and Antenna Ordinance, and as such, is not a hardship variance in the conventional sense. The staff visit to the site reveals the circumstance which we do not believe could be better for a tower site. We think that given the industrial uses, multistory office buildings and adjacent levee, that this variance harms no one. The large open spaces and setbacks also lessen impact. C. Staff Recommendation Approval as filed subject to the tower being painted a neutral color so as to lessen the visual impact from a distance, and further that no signs be permitted on the structure. BOARD OF ADJUSTMENT ACTION: The staff offered its recommendation. There were no objectors present. The applicant was present and responded to questions from the Board concerning the height, color and dimensions of the tower. It was determined that this tower would be the only tower in the River Valley on the south side of the river and would not require the usual FAA identification colors. A lengthy discussion of the application was held. A motion was made for approval as filed. The motion failed for lack of an affirmative vote. The vote 4 ayes, 2 noes, 1 absent and 2 open positions. THE REQUEST WAS DENIED. April 21, 1986 Item No. 4 - Z-4642 Owner: L. Allen Curtis Address: 2701 N. University Avenue Description: Lot 6 and the S 1/2 of Lot 5 Parkview Addition Zoned: "R-2" Single Family District Variance Requested: From the rear and side yard provisions of Section 7-101.2 /d to permit a new garage with reduced rear and side yards Justification: 1. The proposed addition has been sited so as to save the existing 46 inch oak tree located to the south of the addition and to avoid possible conflicts with the existing sewer line located approximately three feet from the north side of the addition. 2. As can be seen on this survey, this is the only area of the property where such an addition can be located. Present Use of Property: Single Family Proposed Use of Property: Single Family STAFF REPORT: A. Engineering Issues No adverse comments have been received. B. Staff Analysis The staff visit to this site once again confirms our opinion that many of the lots in this neighborhood are being overbuilt. A first reaction to this proposal was that the garage could be sited as a detached garage without variance if 6 feet from the current principal structure. That would impact the lot even more so than this proposal. However, we still feel that this addition and its solid bulk should be disallowed on the basis of light and air circulation alone. Further, any hardship which may exist is self- imposed by previous April 21, 1986 Item No. 4 - Continued actions of this owner or others. The residence to the east is located approximately 25 feet east of the common rear property line which means that the normal 50 foot minimum rear separation of houses will be reduced to 35 to 40 feet. C. Staff Recommendation Staff recommends denial of the variance as filed and suggest that the Board consider an alternative plan which would provide for one closed garage space of approximately 12 feet in width and the remaining east /west dimension be constructed as an open carport space limited to a flat roof with no outer walls. We suggest the 4 feet and 13 feet setbacks proposed be utilized for this purpose. BOARD OF ADJUSTMENT ACTION: The staff offered its recommendation. There were no objectors present. The owner was represented by Mr. Charles Lupzig, architect for the project. Mr. Lupzig responded to staff recommendation by stating that the owner preferred a double carport rather than as staff has suggested. A brief discussion of the issue followed. A motion was made to approve the variance for placement of a double carport only with no closed side walls and utilizing the same setbacks proposed for the garage those being 4 feet and 13 feet. The motion passed by a vote of 5 ayes, 1 noe, 1 absent and 2 open positions. April 21, 1986 Item No. 5 - Z-4643 Owner: Parents and Friends of Children, Inc. Address: 1009 Wolfe Street Description: Lots 2 and 3 of Block 12 Marshall and Wolfe's Addition Zoned: "O-3" General Office District Variance Requested: From the side yard provisions of Section 7-102.3/d.2 to permit a new addition with a 3.6 -foot setback Justification: We request a variance of this 10 foot minimum to 3' 6" in order to be able to match existing structure on the south side of the building. This will help provide the additional space we need and cause the structure to look better to enhance the beauty of the area. If we have to bring the addition in 10 feet, we will lose over 100 square feet of office space we desperately need. Present Use of Property: Charitable Organization /Lodge Proposed Use of Property: Remain the same .STAFF REPORT: A. Engineering Issues No adverse comments received. B. Staff Analysis A staff visit to this site revealed no problems with this variance. The addition adversely effects no one. The side yard at issue abuts a large parking lot plus the front yard is maintained per ordinance. C. Staff Recommendation Approval as filed. April 21, 1986 Item No. 5 - Continued BOARD OF ADJUSTMENT ACTION: The staff offered its recommendation. There were no objectors present. The owner was represented by Mr. Don Capehart. He made a brief comment on the request. The Traffic Engineering staff requested removal of the existing driveway off Wolfe Street if possible. The applicant stated that could be accomplished inasmuch as only one car now uses that space. After a brief discussion, a motion was made for approval subject to removal of the driveway. The motion passed by a vote of 5 ayes, 0 noes, 1 absent, 1 abstention and 2 open positions. April 21, 1986 Item No. 6 - Z-4645 Owner: C.I.C., Inc. Address: Patterson Road South of the Missouri Pacific Railroad Tracks Description: Long Legal Zoned: "I-2" Light Industrial District Variance Requested: From the development criteria provisions of Section 7-104.2/b to permit a nonopaque fence Justification: There will be outside storage of brick throughout the tract while most if not all of the property will be fenced, the level terrain of the land would prohibit optimum security behind an opaque barrier and materials reached will be subject to possible theft and damage. An opaque barrier would have a substantial adverse effect on the very nature of the business itself in that it is extremely important that outside display be highly visible as with automobiles, track vehicles, mobile homes, etc. In addition, this would put an unfair requirement on this particular tract in light of the fact of the surrounding uses of the property who are not required to have opaque bariers. The history of Holly Springs Brick and Tile is such that their property development is attractive and in no way detracts from the surrounding property values or usage. Present Use of Property: Vacant Proposed Use of Property: Wholesale /Retail Brick Yard STAFF REPORT: A. Engineering Issues Traffic Engineering requested that the Blind Corner Ordinance be observed at Patterson and Freezer Road; also at driveways to the site. No building permit is to be issued until plans are approved by the Traffic Engineer. April 21, 1986 Item No. 6 - Continued B. Staff Analysis A staff visit to this site reveals that the arguments offered by the applicant are valid. There are several neighbors whose business activities might warrant screening to protect this site. If this use is to be limited to open display of new brick, then there is little to be gained by a screen. However, we feel it important to point out that there should not be open display of debris or broken or salvaged brick or allied products. Perhaps there should be some screening of mass storage areas and display of a specified amount on a portion of the lot only. C. Staff Recommendation Approval of the variance but suggest the Board discuss the possibility of some screening of the larger bulk of material. BOARD OF ADJUSTMENT ACTION: The staff offered its recommendation. There were no objectors present. The application was represented by Ralph Teed of the Holly Springs Brick Company. The applicant presented arguments in support of an open mesh chain link security fence only. He stated that visibility and security were the key reasons for eliminating the opaque requirement. He offered certain planting on the perimeter of the site in place of the opaque fencing and to increase landscaping. A lengthy discussion then followed during which several alternate plans of fencing were offered. A staff suggestion was made that opaque fencing be erected along Freezer Road property line and in the form of wing walls extending north and south off the rear corners of the building. These fences would be opaque in their entirety except that there would be driveway openings on both sides of the building with either one or two gates as necessary by the user. A motion to approve the application as indicated in the staff recommendation was made. The motion passed by a vote of 5 ayes, 0 noes, 1 abstention (George Wells), 1 absent and 2 open positions. April 21, 1986 Item No. 7 - Z-4646 Owner: Mt. Zion Baptist Church Address: 908 Cross Street Description: Lots 8 and 9 of Block 308 Original City of Little Rock Zoned: "O-3" General Office Variance Requested: From the side and rear yard provisions of Section 7-102.3/d to permit a new addition with setbacks of 8 feet and 4.6 feet Justification: 1. The present education building is the only portion of the existing building that can be conveniently annexed to match existing walls in said building. 2. The new facility will be an extension to the existing building to house offices, classrooms and equipment room. 3. The hallways will extend straight through making exits from building easily accessible without curbs. 4. Steps leading to the sanctuary at the Cross Street entrance are very high. There are no restroom facilities in sanctuary area. Therefore, a new annex will have restrooms at ground level to accommodate the elderly and the handicapped. A fellowship hall also at ground level to accommodate the elderly and the handicapped persons participation as well as a nurses guild room for emergencies. Present Use of Property: Vacant Proposed Use of Property: Education Building /Fellowship Hall STAFF REPORT: A. Engineering Issues The Traffic Engineer questioned parking requirements and if any additional were required. April 21, 1986 Item No. 7 - Continued B. Staff Analysis This church site currently is generally in conformance with all setback requirements of ordinance and probably was constructed under the former Zoning Ordinance which was less restrictive. The neighboring properties are primarily single family with one building's use unknown lying to the south. That structure was a mortuary at some point in the past and appears to be a residential use currently. It is that property that is the only concern of Planning staff. A small frame building exists on the property line adjacent to this variance area and appears to be located such that it would be a maximum of eight feet from the new building wall. This relationship could present a fire hazard to the new structure. We would encourage the church to work with the owner of that lot toward removal. The structure does not appear to be useful. This addition does not expand the seating capacity of the sanctuary of the church. Therefore, parking requirements are not an issue of this variance. C. Staff Recommendation Approval of the request subject to resolving the frame building issue on the south property line. BOARD OF ADJUSTMENT ACTION: The staff offered its recommendation. There were no objectors present. The applicant presented his case. He stated that the church could not deal with the owner of the property to the south for removal of the garage, that owner desires to retain the structure. He indicated the church will clean up the south property line and erect a fence. The Board discussed the request briefly resulting in a motion to approve the requested as filed. The motion passed by a vote of 5 ayes, 0 noes, 2 absent and 2 open positions. Ed. Note: This request required no additional off - street parking inasmuch as the sanctuary seating capacity did not increase. April 21, 1986 Item No. 8 - Z-4647 Owner: Helen K. DeNoble Address: 5108 Stonewall Description: Lot 12, Block 17, Newton Addition Zoned: "R -2" Single Family District Variance Requested: From the side yard provisions of Section 7- 101.2/d.2 to permit a new addition with 4.4 foot setback Justification: 1. It will extend the existing west wall of the residence some 20 feet north. The existing house was built before current zoning laws were adopted. It is 4' 4" from the west property line. 2. It will in essence enclose an existing patio. 3. It cannot be added elsewhere because the floor plan places all living areas on the west side of the house, sleeping on the east. Also, the only back door opens onto the patio and will be the entrance to the proposed addition. 4. The east side of the house has already been extended about 12 feet. This addition was built in 1978. 5. The addition will be in conformity with the character of the neighborhood and will not be visible from the street. 6. The room will serve the purpose of adding sleeping space which is badly needed because my large family visits frequently. 7. It will add what will be in effect a screened porch as it will have all 6 -foot casement windows from the floor with a smaller window above on the west and the south. This will permit energy conservation by reducing the need for air conditioning during the summer months. 8. It will provide an accessible entry to the house which will make it much easier for one of my daughters, a wheelchair user, to visit. April 21, 1986 Item No. 8 - Continued Present Use of Property: Single Family Proposed Use of Property: Single Family STAFF REPORT: A. Engineering Issues No adverse comments received. B. Staff Analysis The staff visit to this site revealed no problem with the proposal. This is one of those variances that staff feels uncomfortable having to bring to the Board for .6 of a foot. However, the ordinance offers no option. C. Staff Recommendation Approval as filed. BOARD OF ADJUSTMENT ACTION: The staff offered its recommendation. There were no objectors present. Ms. DeNoble made a brief statement. After a brief discussion, the Board voted to approve a motion to approve the request as filed. The vote: 6 ayes, 0 noes, 1 absent and 2 open positions. April 21, 1986 Item No. 9 - Z-4648 Owner: Don Crow Address: 4325 North Lookout Description: Lot 7, being a replat of Block 14 Hillcrest Addition Zoned: "R -2" Single Family District Variance Requested: From the rear yard provisions of Section 7-101.2/d.3 to permit a new carport with a zero-foot setback Justification: A drainage problem is the stated hardship for encroachment based on recent paving of the alley. Present Use of Property: Single Family Proposed Use of Property: Single Family STAFF REPORT: A. Engineering Issues No adverse comments received. B. Staff Analysis This lot is an example of the site overbuilding which has occurred in this area of the City. Much of this overbuilding occurred 25 to 30 years ago. The subject site is impacted by grade on the front 60'± and an addition by the several structures added to the original house. The primary issue before the Board of Adjustment is that most of the rear yard being covered by a canopy /carport. The intrusion into the alley cannot be authorized by the Board of Adjustment and instructions for its removal are in order. Some appeal for a right -of -way franchise usage might be filed, but is no value if the Board of Adjustment rejects the carport. April 21, 1986 Item No. 9 - Continued C. Staff Recommendation Staff recommends denial of the variance as requested. We recommend to the Board the elimination of all of the alley encroachment and that the east portion of the carport beyond the east sideyard setback be removed. An approval of this fashion would still extend the primary structure to the rear property line, but it would be maintained as an open carport thereby allowing the circulation of light and air. BOARD OF ADJUSTMENT ACTION: The staff offered its recommendation. There were no objectors present. Ms. Crow was in attendance and addressed the Board. She stated that the carport was erected for her by a neighbor who did not obtain a building permit. This person was identified as a part -time worker and not familiar with procedures. A lengthy discussion of the proposal was held involving many solutions. The result being a motion to approve the rear yard variance to allow retention of the carport to the rear property line. This motion conditioned approval on removal of the canopy overhanging the right -of -way but retaining that portion of the canopy extending into the east side yard. The motion passed by a vote of 6 ayes, 0 noes, 1 absent and 2 open positions. April 21, 1986 Item No. 10 - Z-4649 Owner: First Baptist Church of Highland Park Address: 3800 Block of West 18th Street Description: Lots 9, 10, 11 and 12 of Block 12 and Lot 3 of Block 15, Braddock's Addition Zoned: "R-3" Single Family District and "I-2" Light Industrial District Variance Requested: From the parking provisions of Section 8-101.8.2 of the Code of Ordinances to permit parking areas on land zoned "R-3" and "I-2" Justification: In October of 1979, the Board of Adjustment granted authorization allowing the church structure to be built on the property adjacent to and in close proximity to the variance site. The church has grown tremendously causing visitors and parishioners to park on the street and at a great distance from the church building. To help alleviate the problem, the church purchased the referenced property and hereby requests permission to properly prepare and use it for the parking that we severely need. The church has already acquired permission to use Lot 3 adjacent for parking. The mentioned property will be paved with asphalt according to City specifications, drained as required and marked to provide accommodation for a maximum number of vehicles according to the City code. Present Use of Property: Residential/under demolition Proposed Use of Property: Church parking lots STAFF REPORT: A. Engineering Issues Traffic access, parking plan and curb cut locations shall be approved by the Traffic Engineer before any building permits are issued. April 21, 1986 Item No. 10 - Continued B. Staff Analysis This request is the second from this church to use vacant` lots in the area as parking. This off street parking will not only aid in removal of street parking, but will eliminate some deficient housing. The lot indicated on the south side of 18th Street abuts a lot previously approved for parking. This lot is currently covered with gravel and in default on the original approval. The corner lot at 18th Street and Pine is currently zoned "I-2" Light Industrial which is totally out of conformance with the neighborhood zoning plan and should be down zoned to "R-3" prior to its usage. C. Staff Recommendation Approval subject to resolving the issues discussed in the analysis. BOARD OF ADJUSTMENT ACTION: The staff offered its recommendation. There were two persons present expressing concerns about the parking lot and neighborhood security. These persons were Josephine Berryman and Hugh Fountain. The applicant was present and offered an overview of the proposal and history of the church development in this area. After a lengthy discussion of the request, a motion was made to approve the request as filed subject to the following: 1. Cable gates on all driveways to control use by others. 2. Rezone the lot on the corner at Pine Street to "R-3" Single Family from its current "I-2" zoning. (A recommendation to the Planning Commission for fee and notice waiver is added.) 3. Pave Lot 2 from the previous variance request in accordance with ordinance standards. The motion passed by a vote of 6 ayes, 0 noes, 1 absent and 2 open positions. April 21, 1986 Item No. 11 - Z-4622 - Reconsideration Matter Owner: St. Michael's Episcopal Church Address: 2313 and 2317 Durwood Road Description: Lot 3, Queen Manor Addition Zoned: "C-3" General Commercial Variance Requested: From the front yard provisions of Section 7-103.3/D.1 to permit an addition with a 15-foot setback Justification: The extension is for a vestibule so that the double front doors will not open directly into the sanctuary which during cold weather could be extremely uncomfortable as well as energy wasteful. There is a current overhang of at least five feet and the extension would be on an existing entrance walkway. Present Use of Property: Commercial Building Proposed Use of Property: Church STAFF REPORT: A. Engineering Issues None reported. B. Staff Analvsis The request is to allow a 10 -foot encroachment into the required front yard which is 25 feet in the "C-3" district. The proposal is to convert an existing commercial structure into a church and the proposed 10 x 20 addition is to be a vestibule. The church is currently located on the east side of Durwood, almost directly across the street, so the use is not new to the location. Currently there is a 10-foot walk in the 25-foot yard area and the plan's addition will not extend beyond the existing intrusion. Because of the area, staff feels that the setback encroachment will not have an impact and supports the request. The April 21, 1986 Item No. 11 - Continued church has provided adequate justification and with the existing building's placement on the lot, the proposed modification appears to be the most reasonable. Staff recognizes that parking is a problem in the area and ask that the church make every effort to address this situation. Because of general traffic circulation in the neighborhood, staff recommends that the paved area in the front yard not be utilized for parking. C. Staff Recommendation Staff recommends approval of the variance with the condition that the curb along Durwood be extended in the front of this lot to prohibit parking. BOARD OF ADJUSTMENT ACTION: (3-17-86) There was no representative of the church present. There were two objectors in attendance and the Board of Adjustment allowed those persons to speak. Joe Scerbo said that there was a serious parking problem and he was opposed to the church being in the neighborhood. He went on to say that by approving the variance, the problem would only get worse. Bob Grable reinforced what Mr. Scerbo said about the parking problem and indicated that Durwood Road was almost blocked at times because of parking on both sides. William Cheney, Pastor of St. Paul's Methodist Church, addressed the Board. He said that his church did not have adequate parking and discussed the two lots that were being used for parking. Mr. Cheney said he was not opposed to the variance, but was concerned about the parking situation. A motion was then made to deny the variance. The motion was approved by a vote of: 5 ayes, 2 noes, 0 absent and 2 open positions. The setback variance was denied. POST MEETING ACTION: The applicant contacted the Planning staff and members of the Board of Adjustment for purposes of obtaining permission to address the Board for reconsideration. A polling of the members reflected a 6 to 1 vote for placement on this agenda. Six votes were required by the bylaws for this consideration. It will be necessary for the applicant to establish through presentation of his arguments the basis for the rehearing. The applicant's appeal, if granted, will be set by the Board of Adjustment for earliest public hearing possible which will be May 19, 1986. April 21, 1986 Item No. 11 - Continued BOARD OF ADJUSTMENT ACTION: (4-21-86) The staff presented the request. The applicant was present and offered justification for a rehearing. After a brief discussion, the Board voted to rehear the matter at its regular scheduled meeting on May 19, 1986. The vote: 6 ayes, 0 noes, 1 absent and 2 open positions. April 21, 1986 Item No. 12 Owner: Bill Lusk Location: 5302 Pinnacle Valley Road Request: To review determination of the City staff that the nonconforming use in place has expired. Petitioner's Statement: I, Bill Lusk, am the owner of the referenced real property which is situated on the west side of Pinnacle Valley Road at its intersection with Arkansas Highway No. 10 now in the City of Little Rock. I have owned the property since 1970. For a long time prior to and at the time this property was annexed to the City, it was used for commercial warehouse and storage purposes. It was so used as late as April 1, 1985, at which time the lessee of the property wanted to renew his lease, but wanted assurance that his use would be permitted to continue at least as nonconforming. At that time, I initiated efforts to seek assurances from the appropriate City personnel, all to no avail. The formal denial is in the form of a letter dated December 20, 1985, over the signature of Mr. Kenny Scott, Zoning and Sign Code Chief of the Department of Public Works of the City of Little Rock. A copy of that letter is attached hereto as Exhibit A and is made a part of my request. The order or decision of the Chief of Zoning and Sign Code that the property does not have an established nonconforming status is not supported by facts and is erroneous. The fact of this holding is to deny me as owner any meaningful use of this property and such results I contend was never the intent of the City in its enactment of the Zoning Ordinance. Please accept this as my appeal of the letter order of Mr. Kenny Scott, Zoning and Sign Code Chief. In support of this appeal to reverse the denial order and gain an order of approval for this property as nonconforming for commercial warehouse and storage use purposes, please find the following items in support thereof: a. Copy of land survey. b. Copy of letter to Mr. Scott. C. Copy of sheet setting dates and uses of the property. d. Copy of seven letters from property owners and other parties. STAFF REPORT: Staff attaches in support of its arguments several items of communication. April 21, 1986 Item No. 12 - Continued BOARD OF ADJUSTMENT ACTION: The staff offered the attached material and statement of Mr. Lusk contained in his letter attachment to Ken Scott on November 15, 1985. Mr. Lusk offered comments in support of his appeal. He requested clarification of what constituted a nonconforming use. The staff and City Attorney addressed the definition to the end that it was apparent that this property was annexed as a church. The nonconforming church use was abandoned for several months beyond its moving from the structure. Therefore, no commercial nonconformity continues from prior usage before annexation. After a lengthy discussion, a motion was made to declare that the staff had properly applied the ordinance in its interpretation. The motion passed by a vote of 6 ayes, 0 noes, 1 absent and 2 open positions. MEMORANDUM CITY OF LITTLE ROCK December 6, 1985 TO: Gary Greeson, Director of Planning FROM: Richard Wood, Chief of Current Planning SUBJECT: Public Works Department Memo Relative to 5302 Pinnacle Valley Road and Its Current Nonconforming Status I have reviewed the circumstances of this request. It is my opinion that given the annexation date of this property and the changed uses since annexation, there is not now an established nonconformity on the premises. The subject property as identified in the attachment apparently lies within an annexed area approved by City Ordinance #13,484 on August 1, 1978. On that date, this applicant's statement is that the property was occupied by a Pentecostal church and continued to do so until November of 1979. Subsequent to that occupancy, the building was vacant from December 1979 until January 1981. The only commercial usage of the property was that which is referenced between January 1981 and December 1984 whereby an antique and used furniture operation functioned on this premises. It is apparent from my review that the usage was a violation of ordinance which apparently was not observed by our enforcement people nor was it reported by the neighborhood. However, I do believe that the violation of ordinance should not be utilized as a basis for creating a nonconforming occupancy. The only question which I believe could be raised concerning the information provided above is the actual description of the property as to whether it did in fact lie within the area of Ordinance #13,484. The reason I say this is that we do not at this time have a metes and bounds description of the subject property, but it is clear to me on our office records and the annexation description that the subject site lies immediately inside the west boundary of that annexation. If you require follow-up review on this subject, please advise. RW:af4 cc: Tony Boznyski Van McClendon Citv of Little Rock Department of Public Works Engineering Division 701 West Markham Little Rock, Arkansas 72201 371-4800 M E M O R A N D U M December 9, 1985 TO: Gary L. Greeson, Director of Planning VIA: Jim Hathcock, Environmental Codes Chief FROM: Kenny Scott, Zoning & Sign- Enforcement Chief SUBJECT: Obtaining Nonconforming Status for Parcel 11-13-2N18, 03-7580-02, .44 acres 5302 Pinnacle Valley Road Mr. Bill Lusk, owner,'of the above mentioned property, has delivered to our office seven letters from current and past neighbors of the property.' Also, Mr. Lusk gives a listing of past uses of the property. Mr. Lusk is asking that the property be classified as having a nonconforming commercial status. The property'was annexed to the.City August 2, 1978. After reviewing the information submitted by Mr. Lusk, it is the opinion of this office that the property in question has forfeit it's nonconforming status. Several.letters submitted are not clear as to when use was occupied or vacant. Mr. Lusk summary letter indicated property was vacant in 1979 1981. I am asking that your office review the enclosed material given to us by Mr. Lusk and determine whether the property should be allowed a nonconforming commercial status. Please respond in writing within the next ten days. The proposed use is an antique shop. .A copy of this request it also being forwarded to the City Attorney's office. KS /ps cc: Mark Stodola Roy Beard November 15, 1985 Mr. Kenny Scott Zoning and Sign Enforcement Chief Little Rock Public Works Little Rock, AR 72201 Re: Parcel 11-13-2N18 03-7580-02 .44 Acres Dear Mr. Scott: Enclosed is a description of the use of the above property since I acquired it. Also enclosed are seven letters from. the neighbors substantiating this use. I am requesting that a non-conforming, commercial zoning use be reinstated for this property. Sincerely, BILL LUSK #7 Berwyn Drive Little Rock, AR Encl. BUILDING AT COUNTY FARM ROAD PULASKI COUNTY .44 Acres Parcel 11-13-2N18 03-7580-02 Purchased: May 15. 1970. Purchased for use as a warehouse for insulation materials for Razorback Insulation. Used for this purpose until company sold out in July. 1974: July, 1974 to January, 1978. Building was used a a manufacturing site for Super.Pillows. Owner of Super Pillows was Allan Siebert. and building was rented to him. January, 1978 to November, 1979. Building was rented to a Pentecostal Church Group, which subsequently broke up. December, 1979 to 1981. Building was vacant. January 1981 to December 1984. Building was rented to Hogan Antiques and Used Furniture, and used for a warehouse until vacated. Building is presently vacant. October 21, 1985 Hogan's Antiques Hwy. 10 Little Rock, AR 72212 Lusk Construction 7706 Cantrell Rd. Little Rock, AR 72207 To the City of Little Rock, This letter is in regards to the building located at the corner of Hwy. 10 and County Farm Road behind Pine Valley. This building has been used as a commercial business site as long as can be remembered. In the early 1970's, it was used as an installation warehouse. After that, it was used by Allen Siebert for the manufacturing outlet called Super Pillow. For a short period of time it was used as a Pentecostal Church then it was used by Hogan's Antiques for storage up until April 1, 1985. At this point, Hogah's Antiq.ues moved and is now located behind this location on Hwy. 10 This letter hereby acknowledges that this location has been continuously used as a commercial site and that we have no objections for it to continue to be used commercially. Thank you, Sarah Hogan Hogan's Antiques 8404 Cunningham Lake Road Little Rock Ar. 72205 October 27, 1985. TO WHOM IT MAY CONCERN. The Super Pillow Manufacturing Company occupied the building owned by Bill Lusk on the north west corner of Highway 10 and County Farm Road from 1973 until 1977. Super Pillow Co. initially was a foam furniture manufacture. The company developed into a retail and wholesale outlet for upholstery supplies and accquired the name of Allan Siebert Co.. Business expansion forced the company to move to a larger facility. Refore.Super Pillow Manufacturing rented the building a insulation company named 'Razorback Insulation' had occupied the building for several years. After Allan Siebert moved out a church named 'Independent Pentecosts' moved in. I was employed by Allan Siebert Company from June 1973 until January 1974 as general factory labor. Craig A. Stauber R. WINGFIELD MARTIN ROUTE 5 BOX 598 LITTLE ROCK, ARKANSAS 72212 29 October 1985 Mr. Bill Lusk 7706 Cantrell Road Little Rock, Arkansas 72207 Dear Bill: Pursuant to your call to me probably now two months ago in which you requested that I set forth in writing my recollection of the former Church several hundred feet northwest of the intersection of Pinnacle Valley Road and Highway Ten, west side of the road. (Pinnacle Valley Road) We moved out on the County Farm Road in January of 1964. At that time the County Farm Road extended to High- way Ten. Dr. John Hundley prevailed upon a past County Judge to rename the County Farm Road right after it passed his house. This is at the intersection immediately east of his house. The road going north from his house that ends at what is now State Highway 300 on the North side of Pinnacle Mountain was called Fulk Road, since the Fulk family at that time owned Pinnacle Mountain and considerable acreage that was east of the State Highway 300, which used to be called the Roland Road. At the time, January 1964, that we moved to the County Farm Road, the Church building that I have described above was the Nalls Baptist Church. This later moved over right off of Highway Ten just southeast of the present County Store. After the Church was sold, I believe that you purchased it, it was used to store insulation for houses for probably ten years (1970 to 1980) After that for a period of time it was vacant and Hogan Antiques that moved to the Fields Property on Highway Ten, after being relocated because of the widening of the bridge on Highway Ten and the Pinnacle Valley Road, just west of where the Pinnacle Valley Road intersects Highway Ten rented, the building for several years. At present the old church building appears to be vacant. Sincerely yours, R. Wing ield Martin RWM/smc HARRIS CONCRETE PUMPS, INC. RT. 5, BOX 420 LITTLE ROCK, ARK. 72212 Phone 501 868.5579 November 8, 1985 TO WHOM IT MAY CONCERN: My business has been located at Route 5, Highway 10 for 20 years. This is about 1/2 block from the building at Highway 10 and County Farm Road owned by Bill Lusk. Originally, the building served as a site for Nalls Baptist Church, however, for many years this building has been used for commercial purposes. It has been used by an insulation company, a pillow manufacturing company, and an antique business. I recall that for a short time several years ago a church group met there, but after they moved out it housed an antique business. At the present the building appears to be empty. Sincerely, RAY HARRIS April 21, 1986 Item No. 13 - Z-3125-B Owner: Rick's, Inc. /DBA /White Water Tavern Address: West 7th Street and Thayer Street Request: To review determination of City staff that subject site contains a nonconforming use /structure that cannot be expanded. Statement of Petitioner's Attorney: 1. Please be advised that our firm's representative, Rick's Inc., DBA White Water Tavern, contests the staff determination in this matter. On March 24, 1986, I was contacted by Mr. Ken Scott, head of the Enforcement Division of the City of Little Rock, regarding an alleged expansion of the nonconforming use at our client's business located at West 7th and Thayer Streets. Mr. Scott informed me that a notice to have the alleged building addition removed would be issued unless we took immediate steps to initiate an appeal of said interpretation or seek a variance. 2. Please accept this as notice of my client's intention to appeal. The alleged building addition involves a roofed screened in porch located on the south side of the building. The screened in area houses a bar-b-que smoker and was required by the State Health Department. The porch is located on part of the preexiting slab of the building and no new slab or concrete was poured for erection of the porch. All that was done was to erect a roof and a screen around an area that already existed. There was no outward expansion of the building slab in any manner. Ordinance Provisions at Issue: "Article V, Section 5-101.c.1 (c) NONCONFORMING USES: 1. Expansions A nonconforming use shall not be extended, expanded, enlarged or increased in intensity to any structure or land area other than that occupied by such nonconforming use on the effective date of this ordinance or any amendment hereto which causes such use to become nonconforming." April 21, 1986 Item No. 13 - Continued "Article V, Section 5-101.d.1 ENLARGEMENT, REPAIR OR ALTERATIONS: Any nonconforming structure may be enlarged, maintained, repaired or altered provided, however, that no such enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity for all or any part of such structure." STAFF REPORT: The Planning staff will develop the City staff position relative to this subject prior to the public hearing inasmuch as it is an involved issue. We will be prepared to address this issue at the public hearing. However, there is one point at this time that we would like to place in the record. The fact that the State Health Department required this smoker to be located at this point is not a concern that we have viewed in the past which abridges or modifies any of our regulations. It is our understanding from past opinions of the City Attorney that certain health regulations of the State of Arkansas did preempt the Zoning Ordinance. However, that was in instances where the addition or the proposal was required to meet certain health standards of an existing activity. The smoker and /or facility in place here is an expansion of the use was not formerly in place and is part of the issue at hand. BOARD OF ADJUSTMENT ACTION: (4-21-86) The Chairman offered deferral to those applicants who felt that the attendance problem impacted their request. Inasmuch as there were only six members present and five votes are required for action on any matter, this applicant chose deferral to May 19, 1986. A motion to this effect was made and passed by a vote of 6 ayes, 0 noes, 1 absent and 2 open positions. April 21, 1986 There being no further business, the meeting adjourned at 4 p.m. Secretary Chairman Date