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boa_04 18 1988LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY AND MINUTES APRIL 18, 1988 2:00 P.M. I. Roll Call and Finding of a Quorum A quorum was present being eight in attendance. II. Approval of the Minutes of the Previous Meeting Approval of the minutes were granted two corrections. III. Members Present: John McDaniel, Chairman Cynthia Alderman Earlene Douglas Rex Crane Ronald Pierce Eduard Scharff Jim Mitchell Thomas McGowan Member Absent: George Wells City Attorney Present: Stephen Giles April 18, 1988 Item No. A - Z-2371-A Owner: The Crestwood Company /General Properties Address: 617 South Broadway Description: Lots 1-4 and Lots 9-12, Block 106, Original City of Little Rock, Pulaski County, Arkansas Zoned: "GB" General Business Variance From the parking requirement provisions Requested: of Section 43-35 (1) of the Central Little Rock Ordinance to permit leasing of parking spaces to the public. Justification: (1) The leasing of the parking spaces promotes the most desirable use of the property, in that this property is already fashioned so as to be a parking garage. (2) The leasing of the parking spaces provides off-street parking in conjunction with the development of a commercial area. Present Use of Property: Parking garage Proposed Use of Property: Parking garage available to the public STAFF REPORT: A. Engineering Issues There are none to be reported at this time. B. Staff Analvsis At issue before the Board of Adjustment is a request from the Holiday Inn City Center to allow for the present four -story garage to be contracted out in order for some of the parking spaces to be used commercially. This particular parcel of property is located west of Broadway. The Central Little Rock Ordinance states that the parking requirement is one space per guest room. A block north of this location is the Metrocentre area which requires zero parking, i.e., April 18, 1988 Item No. A - Continued Capitol Towers Parking Garage. In the Central Little Rock Ordinance, commercial lots are permitted but exempt from enclosure which is intended for those lots that are not confined by a roof and sides. The applicant states that free parking will continue to be offered to the hotel guests. On an average yearly occupancy, there has been recently only a 42 percent usage of the garage by the hotel guests. Therefore, the applicants request is for more than half or 55 percent of the parking spaces to be leased out. To the rear of the property between the garage and hotel is a 20 -foot alley. A 15 -foot skyway is constructed that connects the two structures. Since the location of this property is in the Central Little Rock area, the Zoning Ordinance requirements do not apply. The Central Little Rock Ordinance would prevail in the requirements and restrictions. Staff feels that because of the fact the hotel use does not generate a lot of traffic in that a lot of the occupancies are either picked up or dropped off, the applicant's request is a reasonable one. But, during those times when more of the hotel rooms would possibly be in use, some provision will need to be provided. STAFF RECOMMENDATION: Staff is recommending approval subject to: (a) a maximum of 140 spaces be provided for guest parking only and be designated for the first two lower level floors, and (b) the remaining 176 spaces be used as leased parking spaces located on the upper two level floors with some type of marking to indicate that they are in fact leased spaces. BOARD OF ADJUSTMENT ACTION: Mr. Victor Fleming represented the applicant, the Crestwood Company /General Properties. There were no objectors present. Mr. Fleming stated that he was in receipt of staff's recommendation but felt that they over extended their authority by suggesting that the parking areas be designated as to the use service. The request is for the contracting out of the parking deck for the leasing of approximately 70 percent of the parking as commercial use. Mr. Fleming stated he doesn't feel that the intent of the ordinance which indicates one space per guest room was meant to be totally for that use only. His client had no April 18, 1988 Item No. A - Continued intention of violating the covenants of the ordinance. He pointed out that in staff's analysis where it states that only 42 percent of the garage is used on a yearly basis doesn't apply to the garage but to the hotel occupancy. In their letter to staff, it was wasn't indicated how many parking spaces are used on an average basis. He then submitted a letter which addressed the parking garage average occupancy. The letter indicated that an average of less than 100 cars per day represent hotel clientele in the garage. He then stated that in staff's analysis where it indicated the hotel wants to lease out 55 percent of the parking spaces was incorrect. What his client wanted was to be able to lease out all of the parking spaces not occupied by the hotel guests. Also included in the letter submitted to the Board were explanations of the type of hardships associated with the marking of the spaces, which again he felt, the staff by recommending striping of the spaces and designating their use had intruded into the day -to -day operations of the hotel. There is a lease that has not been executed with National Garage which is so worded that in the event the lease is enacted, parking will be provided for all hotel guests, employees, restaurant patrons, and attendants of the hotel will be given preferential treatment regarding the available parking spaces. Because of the expertise of the contracting agent, a sliding scale will be used to ensure that not all the parking spaces are occupied at any given time. A suggestion to the Board would be to grant permission to open the garage to the public without any hard and fast numbers but with the understanding from the Crestwood Company and assurances from them that they will' not allow the intent of the ordinance to be violated. The applicant would like for the Board to allow a period of six months to see if this suggestion would work after which time if it's proven that it doesn't, then other measures can be taken. After a considerable amount of discussion regarding staff's intent in the recommendation such as the 55 percent figure coming from one of Mr. Fleming's staff and not just arbitrarily decided upon by staff, the purpose of the designated location for the guest parking versus the lease parking, the Board concern regarding what exactly was the hardship beside the financial aspect and what guarantees can the applicant provide that during the peak hours of the hotel enough spaces would be provided. Mr. Kenny Scott of April 18, 1988 Item No. A - Continued the Zoning Enforcement Office stated that he would like to caution the Board about the possible precedent that may be set by approving this request. It is the first received by his office and if approved probably would encourage other parking decks in the downtown area to seek the same request. The chairman then stated that it wasn't the intent of the Board to scrutinize the parking in the downtown area because the Board is very concerned about the availability of parking especially in this area of the City. The Board was under the impression that it was the hotel who would be leasing the parking spaces out and not a contractual agent like National Garage. Mr. Fleming stated that there is and isn't a contractural agent in that the applicant in essence wanted the most efficient operation possible. Therefore, the lease is partially signed, but at the surprise of both parties concerned, it was put on hold due to the City stating that the process would be in violation of the Zoning Ordinance. More discussion occurred between the Board, staff, and applicant. Mr. Fleming was then asked what would he state as the recommendation of his applicant. He then stated that what his applicant would like is approval of the request to open the parking spaces to the public with adequate assurances and adequate review on a periodic basis to ensure the spirit and intent of the one-to-one ratio of the Zoning Ordinance is not violated. The Board after discussion among themselves felt that a legal interpretation was needed before they could make a ruling on the request. Mr. Fleming was then asked if he could agree to a 30 -day deferral at which time the City Attorney's Office would do some research and offer an opinion at the next meeting. Mr. Fleming agreed to the 30 -day deferral. A motion was then offered to defer this item until the April 18, 1988, meeting. The motion passed by a vote of 7 ayes, 0 noes, 2 absent. BOARD OF ADJUSTMENT ACTION: (4-18-88) The applicant was represented by Victor Fleming. There were no objectors in attendance. Mr. Fleming stated that if he recalls correctly, this item was deferred to allow time for the City Attorney's Office to render an opinion on whether the Board could permit what the applicant is wanting, which is to be able to lease the parking spaces without any hard and fast numbers as to what percentage or area of the deck could be leased to the public and without the necessity of signage as to what was going to be leased to the public versus what was going to be reservod for the hotel guests. April 18, 1988 Item No. A - Continued He had reviewed the City Attorney's opinion, and it really doesn't address the request of the applicant but rather the fact the Board can address any request it feels when an undue hardship is demonstrated, which was addressed at the last meeting. Mr. Fleming then stated two issues of which he wanted to address, the signage of the parking spaces and the hardship issue. The concept of a hardship in the area of real estate law can be analyzed a part from any economic consequences. In this particular instance, he stated that his applicant urged upon the Board that the hardship is that there exists a parking deck with 316 spaces. There are 316 spaces because the hotel has 280 rooms, but the day -to -day records of the hotel and parking deck indicate during peak occupancy times, there is only 30 percent of the spaces occupied by the hotel guests. The real estate structure is setting there with a purpose, and the purpose is not being used. Mr. Fleming further stated relevant to that is in the neighboring district, Metrocentre, similar types of structures exist with no parking requirement whatsoever. His clients suggest to the Board that in itself is the hardship for more utilization of the real estate structure. In regard to the signage, Mr. Fleming stated that in the agenda session, he presented to the Board a report, titled "Shared Parking for Real Estate Development," on parking indicating that on an hour by hour basis, parking spaces at hotels and restaurants, etc., the percentage of parking spaces that are used at peak hours and other hours. The important aspect of the document is hotel parking spaces tend to be at 6 in the morning and 10 at night. In between that time, the usage, tends to slide to 30 percent during the day. At the same time, spaces for office and retail uses are full from 10 to 12 noon, other times they fluctuate. The report has been taken in account by the company with whom the hotel is proposing to lease. Mr. Kevin May, a representative of the company, Central Parking Systems, was in attendance. This type of study indicates that the applicant request is not unreasonable and should be allowed to lease up the parking spaces to the public without any specific number of spaces and without putting the signs out. Mr. Fleming then commended Ms. Brown on the excellent recitation of the last preceedings but asked that staff change their recommendation and not insist on signs being put up. April 18, 1988 Item No. A - Continued A Board member then addressed the question of whether there had been any comments from the City Traffic Engineer regarding traffic problems for the use the applicant has requested. Staff stated that the items were sent to the City Emgineering Department and no comments were received back. It was then asked if there was any indication of how the stacking would occur, traffic flow, or congestion. Mr. Mays stated that the only traffic problem that has been encountered is the alley between the parking deck and hotel which is a two -way alley. It has not been designated as a one -way to free the traffic flow so there is congestion at times especially, when there is loading and unloading for the hotel itself taking place. Mr. May was asked if that would be a problem for the adjoining property between the times 7 to 7:30 in the morning. Or, is there any anticipation of a lot of backup that may occur at the intersection of Broadway and 7th. Mr. May stated that he wouldn't say that. A concern of one member of the Board was, exactly what are the Holiday Inn's arrangements with the YMCA? Does the YMCA currently lease or trade spaces for the use of the YMCA from the Holiday Inn? Mr. Fleming stated that it was his understanding that the Holiday Inn has an arrangement with the YMCA that members of the YMCA can park free by obtaining a note from the Holiday Inn which is stamped. There is no provision to pay for parking nor has there ever been. It was then asked if that particular arrangement would continue? Mr. Fleming stated that question raises an issue regarding the request of the applicant, the ordinance would be violated, then that being the case the arrangement with the YMCA is in violation also. But nowhere in the ordinance is it stated that the parking spaces have to be exclusively for the hotel use. Another question was asked regarding the Holiday Inn's arrangement for conventions and meetings on a monthly basis. If parking is provided to them on a monthly basis free, would that continue? Mr. Fleming stated, yes, it would. Those persons continue to use the facility, and it is known in advance when the meetings take place and how many parking spaces are used by the different groups. The garage operator keeps a daily record on what the hotel traffic will be and adjust the parking spaces accordingly. The City Attorney has a copy of the lease, which has not been signed, and if the variance is approved would take effect on the first of May. April 18, 1988 Item No. A - Continued Staff stated that one reason for the recommendation is to provide some means for the Zoning Enforcement Office to monitor the uses rather than just allowing it to be open- ended. The point behind the two earlier questions was to see if there really is an underutilization of the use, which is part of the argument the applicant is making. Can the applicant show some other proof other than the number of person entering or cars parked in the deck. Mr. Fleming stated the management of the Central Parking System as well as the hotel are satisfied that the reasonable projections regarding the ability to lease the spaces coupled with the existing use does not result in overutilization. It was asked again whether or not Engineering had commented on the possible traffic congestion. Staff stated that no communication had been received. The Chairman then stated that it was the intention of the Board to work out some agreement with the applicant but in his opinion feels that the Board is reluctant to allow for an open -ended approval and not provide some means of monitoring the spaces as staff has pointed out. Mr. Fleming stated he felt that staff's recommendation was based on some information given to Ms. Brown by an assistant in his office, which was incorrect, because what the applicant would like is that at least 70 percent be used as leased parking spaces. He would hate for the request to be granted on that basis from information given by a person in his office who was not authorized to do so. A Board member asked how would the monitoring occur. Staff stated that it would be up to the Zoning Enforcement Office on how often and what means to use. Dana Carney of the Zoning Enforcement Office stated that staff was correct in trying to provide a means of monitoring the situation because having it open -ended would put them in an impossible situation. But with the striping, they would have some indication on the numbers to be used for lease versus hotel guests. It was asked of Mr. Carney and staff how could it ensure that the cars in the different spaces were in fact for that use. Mr. Carney stated that actual proof would have to be done on a good faith effort. Mr. Fleming stated that it has always been the intent of the applicant to be open and honest about the proposal. A recommendation would be offered that the Zoning Enforcement Office come by on a periodic basis and check the records from Central Parking Systems to ensure that the intent is being kept. April 18, 1988 Item No. A - Continued The question of what problems does the applicant have with providing the 140 designated spaces for the hotel guests was asked. Mr. Fleming stated the hard and fast numbers if 30 percent presented, there is the expense of the signs. If the applicant puts them up when additional spaces are needed, the applicant would have to be out that expense again. A motion was then made to approve the parking variance for 140 spaces for hotel guests and 176 for lease parking spaces. Monitoring of the parking should be by the Zoning Enforcement Office and accomplished by periodically checking the records. There should be no signs provided indicating the different types of uses. The motion passed by a vote of 7 ayes, 1 no, 1 absent. April 18, 1988 Item No. B - Z-4982 Owner: Dorothy Lynn Address: 2224 North Beechwood Description: Lot 1, Block 7 Elmhurst Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: "R-2" Single Family Variance Requested: From the Area Regulations Provision of Section 5-102.0 to permit construction of an accessory building to be less than 60 feet from a front property line. Justification: The storage building is needed to store yard tools and garden materials in order to protect them from vandalism and theft. Present Use of Property: Residential Proposed Use of Property: Residential STAFF REPORT: A. Engineering Issues There are none to be reported at this time. B. Staff Analysis The applicant is seeking approval from the ordinance requirements for the construction of an 8' x 12' storage building. At issue before the Board is the Ordinance requirement of an accessory structure in an "R-2" zoning being 60 feet from the frontage on a street. The lot in question is 50 feet in width. To the south, there is an open alley. In the past, there was a 20' x 24' garage in the location in question. The property is located in one of the older established areas. The present structure on the site is a wood frame house, and there is mature landscaping on the property. The lot is on a corner lot and both "B" April 18, 1988 Item No. B - Continued and Beechwood Streets are narrow in size with no immediate plans for future improvements. The street most affected would be "B" Street. The applicant proposes for the frontage to be 39 feet. There is a wire fence surrounding the property. STAFF RECOMMENDATION: Staff is recommending approval of the variance as filed. BOARD OF ADJUSTMENT ACTION: Neither the applicant or a representative was present. A motion was made to defer this request for 30 days. The motion passed a vote of 7 ayes, 0 noes, 2 absent. This item will appear again on the April 18, 1988, meeting agenda. April 18, 1988 Item No. 1 - Z-5001 Owner: Larry S. Kirchner Address: 1118 North Polk Description: Lot 2, Block 6, Hollenberg Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: "R-2" Single Family Variance From the area regulations provisions of Requested: Section 7-101.2-D.2 to permit an addition with a reduced side yard setback. Justification: (a) The lot is not very wide. Present Use of Property: Residential Proposed Use of Property: Residential STAFF REPORT: (b) The location selected for the new addition maintains the existing tree and existing bedroom window. A. Enaineerina Issues There are none to be reported at this time. B. Staff Analysis The request before the Board of Adjustment at this time is for a reduced side yard variance. The Zoning Ordinance requires for the side yard to be five feet, and the applicant is proposing a side yard of 3.9 feet. If the new addition was aligned with the 3.7 feet, the window and large tree would need to be removed. The addition will be located on the northwest side of the structure in the rear. April 18, 1988 Item No. 1 - Continued Presently, on -site there is a one -story stucco and frame house. An established drive exists that is shared with the neighbors on the south. The site has a substantial size rear yard with several large trees existing. The rear of the property abuts an alley. Also located on the rear is a wooden patio. Staff feels that the applicant has displaced a hardship in that the best possible location for the addition has been proposed. The slope of the property is such that having the north side yard as proposed would not be extreme to the alignment of the existing house. STAFF RECOMMENDATION: Staff recommends approval of the variance as filed. BOARD OF ADJUSTMENT ACTION: The applicant was in attendance. There were no objectors present. A Board member brought to the attention of the staff, Board, and applicant a correction in the staff analysis regarding the 3.9 feet requested and the fact that it would not align with the existing 3.7 feet; therefore, the statement was incorrect, and the new addition would be, in fact, more of an extension. The applicant stated that he had made note of that also and felt it was a typographical error. Staff stated that the applicant was correct and a correction would be made to the staff analysis. The applicant then stated that there were no problems with staff's recommendation. A motion was then made to approve the variance as filed. The motion passed by a vote of 7 ayes, 0 noes, 1 absent, 1 abstention (Scharff). April 18, 1988 Item No. 2 - Z-5006 Owner: Frank S. Hiegal Address: 4820 Stonewall Street Description: Lots 10 and 11, Block 6, Country Club Heights Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: "R-2" Single Family Variance From the area regulations provisions Requested: of Section 7-101.2-D. 2 and 3 to permit a reduced rear and side yard. Justification: (a) The carport is needed to protect the 1969 model Oldsmobile convertible which I have restored. (b) For the protection of myself and family from the inclement weather. Present Use of Property: Residential Proposed Use of Property: Residential STAFF REPORT: A. Engineering Issues There are none to be reported at this time. B. Staff Analvsis This issue is before the Board of Adjustment as a result of an enforcement action. What the applicant has done is constructed a two -car carport that encroaches within the rear and side yard setbacks for property zoned residential. The ordinance states that the rear yard should be 25 feet and the existing carport is two feet. The side yard should be ten feet and the applicant's new addition or carport is six feet. There was already in existence the concrete slab of which the applicant covered with a roof and poles. A 15-foot covered walked extends from the carport to the house. April 18, 1988 Item No. 2 - Continued The site consists of two lots with a brick house, patio area, covered walkway, and carport all attached. The lots are elevated higher than the street with the house located more to the north which leaves a large front yard area. To the side is an open ten-foot alley which serves as the drive to and from the two-car carport. Along the north property line is a six-foot wooden privacy fence. Not only has the applicant by constructing the two-car carport encroached within the rear and side yard setbacks but all the construction took place without a building permit. Although the two-car carport is constructed, staff feels that the applicant would have had to appear before the Board anyway because this is the most suitable location for the carport. STAFF RECOMMENDATION: Staff is recommending approval subject to the two-car carport and covered walkway never being enclosed. BOARD OF ADJUSTMENT ACTION: The applicant was in attendance. There were no objectors present. Staff made the Board aware of a problem with the notice requirement. There were two names on the notice form obtained less than the required ten days. The applicant explained the reason for the delay was the fact the people had been out of town but assured the Board that there would not be any objection from them regarding the request. Staff informed the Board that a motion was needed before the item could be heard. A motion was then made to hear the item. The motion passed by a vote of 8 ayes, 0 noes, 1 absent. The applicant was then asked if he had a problem with the conditions of staff's recommendation. The applicant stated, no, because he never intends to enclose the carport or covered walkway. A motion was then made to approve the request conditioned upon the carport and covered walkway never being enclosed. The motion passed by a vote of 8 ayes, 0 noes, 1 absent. April 18, 1988 Item No. 3 - Z-5007 Owner: Delbert Dawson Address: 3221 Holt Street Description: Lot 12, Block 213, John Barrow Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: "R-3" Single Family Variance Requested: From the area regulations provisions of Section 7-101.3-D.1 to permit construction of a house with a reduced front yard setback. Justification: We feel that West 33rd Street will never be open and improved as all the lots face Holt Street on the west and Elam on the east. Present Use of Property: Vacant Proposed Use of Property: Residential STAFF REPORT: A. Engineering Issues There are none to be reported at this time. B. Staff Analysis The request before the Board of Adjustment is for the construction of a new house with a reduced front yard setback. The lot is located on a corner and while the applicant will meet the requirement of the ordinance on the street frontage on Holt Street, the front on West 33rd Street will not be met. The frontage will be 17 feet, and the requirement for both frontages are 25 feet. West 33rd is not an open street in this block. Although the street is closed physically, it is not officially on the City books; therefore, the variance April 18, 1988 Item No. 3 - Continued is needed. There is presently a lot of construction occurring in the area. The lot in question is cleared to some degree with some trees sparsely left on the site. Due to the fact this is a corner lot, staff feels the applicant has a hardship because of the requirement of providing two front yard setbacks. STAFF RECOMMENDATION: Staff is recommending approval to the variance as filed. BOARD OF ADJUSTMENT ACTION: Neither the applicant nor a representative was in attendance when the item was addressed. A motion for a deferral was then stated. The motion passed by a vote of 8 ayes, 0 noes, and 1 absent. April 18, 1988 Item No. 4 - Z-5008 Owner: University Tower Partnership Address: 5900 West 12th Street Description: Lot 5, University Commercial Subdivision, Phase III to the City of Little Rock, Pulaski County, Arkansas Zoned: "C-3" General Commercial Variance From the commercial district Requested: restrictions provisions of Section 7-103-C.4 to disallow for the construction of a six -foot opaque screening fence. Justification: The screening would provide a significant barrier for customers who are approaching our restaurant. Present Use of Property: Parking Lot Proposed Use of Property: Commercial /Restaurant STAFF REPORT: A. Engineering Issues There are none to be reported at this time. B. Staff Analysis The issue before the Board of Adjustment is to disallow for the construction of a six-foot opaque fence along the property line that abuts a residentially zoned lot. What the applicant feels is that the residential lot adjacent to the proposed site of his commercial use, which would be a Dairy Queen restaurant should not fall under the guidelines of the ordinance because it is a nonconforming residential use of which is a cemetery. The ordinance states that commercial uses that abut residential zoned property should be screened by a six-foot opaque fence with no exception given to nonconforming residential uses. April 18, 1988 Item No. 4 - Continued The site of this new commercial business is at the northeast corner of University and 12th Street on part of the parking lot of the Tower Building. The cemetery is on the lot adjacent to this site and "L" shaped around the north and east sides. Presently, staff feels that the cemetery is almost filled to capacity which is operated by a funeral home which is located adjacent to the cemetery. The applicant feels that by being required to meet the ordinance standards it will provide a significant barrier for the customers who approach the restaurant from the east going west on 12th Street. Inasmuch as the applicant is proposing landscaping along the north and east sides, staff feels that the placing of a six -foot wooden fence possibly could be a deterent to both the commercial and residential uses. STAFF RECOMMENDATION: Staff is recommending approval conditioned upon the applicant doubling the amount of shrubbery proposed by placing them five-feet from the center instead of the indicated ten feet and maintaining the upkeep of the landscaping (shrubbery) on the north and east property lines. BOARD OF ADJUSTMENT ACTION: The applicant was in attendance at the meeting. There were no objectors present. There was some concern among the Board regarding the added condition of the abandonment of the 12-inch sewer line. Staff stated that the recommendation from Wastewater was received just that morning, and there wasn't time to add that to their copies of the recommendation. A Board member then asked how would the applicant accomplish the abandonment, and staff stated by applying directly to Wastewater. The applicant then stated that he was aware of the requirement of Wastewater and had no problems with it or the conditions and staff's recommendation. A motion was then made to approve the variance per staff's conditions and as well as to include the requirement of Wastewater. The motion passed by a vote of 7 ayes, 0 noes, 1 absent, 1 abstention (Mitchell). April 18, 1988 Item No. 5 - Z-5009 Owner: Market Street Joint Venture Address: Market Shopping Center /Market and Merrill Streets Description: Long legal Zoned: "C-3" General Commercial Variance 1. From the height regulations Requested: provisions of Section 7-103.3-D to permit construction of an addition 42 feet in height. 2. From the parking requirement provisions of Section 8-101-3.8 to permit less parking spaces than required. Justification: The owners want to expand into currently unleased space. Present Use of Property: Commercial /shopping center Proposed Use of Property: Commercial /shopping center STAFF REPORT: A. Engineering Issues There are none to be reported at this time. B. Staff Analvsis The request before the Board of Adjustment is for two variances from the requirements stated in the Zoning Ordinance. First, the applicant is seeking a height variance of 42 feet from the requirement of 35 feet. Second, the applicant is requesting a waiver from the parking requirements to allow for less parking spaces. April 18, 1988 Item No. 5 - Continued The ordinance states that for a shopping center the parking spaces should be one space per each 225 square feet of gross leasable area and new shopping centers or additions to existing shopping centers. The applicant is proposing 525 off-street parking spaces for gross square footage of 138,280 leasable area. Using the requirement of the ordinance, the applicant should provide 615 spaces in accordance with the 138,280 gross square footage of leasable space. The applicant states that 47 additional spaces can be provided off-site on the side of the two bordering streets, but the ordinance disallows for counting of parking spaces on streets. Therefore, the parking variance request is for a total of 90 parking spaces. The height variance is requested because to accommodate the expansion the roof over part of Building D would be raised approximately eight feet to a height of 42 feet. The applicant states that portions of the roof which would be raised more than 120 feet from the property at its nearest point and lies roughly in the center of the site. No views or sight lines would be disrupted by the additional and when the taller building is viewed in the context of the overall massing of the center as a whole, it would not distract from the character of the neighborhood. All construction will be the same as it is currently so that the aesthetics of the shopping center will remain intact. Originally the site plan approval included plans for a five - screen cinema with seating for 1,051 persons; however, the actual seating totals 970. The owner of the theater has recently asked that the shopping center owners expand the theater facilities into currently unleased space and establish four additional screens with additional seating capacities for approximately 1,000 persons. Some reasons stated by the applicants why the additional screening would not increase the need for additional parking spaces are: (a) the peak usage of the theater is in the evening after 6 p.m. when most of the businesses in the center are closed; (b) the new expansion would provide an additional entrance to the theater from the east parking lot which is currently underutilized; (c) Gold's Gym, which is now located adjacent to the theater will be moved to the southern end of Building D where their patrons would utilize the parking across the southern end of the site which is also underutilized at this time; (d) the original site plan included plans for three April 18, 1988 Item No. 5 - Continued restaurants totaling approximately 9,000 square feet in the immediate vicinity of the theater, two of which were subsequently leased to a retail tenant who generates much less traffic. The third was to occupy space that will be included in the theater; and (e) the existing tenants of the center are supportive of the proposed theater expansion because of exposure they received to theater patrons. STAFF RECOMMENDATION: Staff is recommending approval of both variances with the condition the applicant post permanent signs indicating where additional parking is available on the site other than the immediate vicinity of the theater. BOARD OF ADJUSTMENT ACTION: The applicant, Market Street Joint Venture, was in attendance represented by one of the partners. There were no objectors present. The applicant stated that there were no problems with staff's recommendation. A motion was then made to approve the variance requested per staff's recommendation. The motion passed by a vote of 8 ayes, 0 noes, 1 absent. April 18, 1988 Item No. 6 - Z-5010 Owner: Warren Sanders Address: 712 Wright Avenue Description: Lot 6, Block 218, Original City of Little Rock Zoned: "R-2" Single Family Variance 1. From the area regulations Requested: provisions of Section 7-101.2.d.1 to permit an addition with a reduced front yard setback. 2. From the height and area exceptions provisions of Section 5-102-B to permit an accessory structure to be less than 6 feet from the principal structure. Justification: This addition is needed to provide protection from the weather for myself and car as well as some place to store things. Present Use of Property: Residential Proposed Use of Property: Residential STAFF REPORT: A. Engineering Issues There are none to be reported at this time. B. Staff Analysis This issue is before the Board of Adjustment as a result of a zoning enforcement action. The applicant has already constructed a wood frame carport which encroaches into the required front yard setback of 25 feet. The structure if allowed to remain will have a front yard setback of 4.3 feet. Also at issue is the separation of the accessory structure from the principal structure not being the required six feet. The structure, carport, is four feet from the existing house. The carport is a wood frame structure with an asphalt rolled roof. The carport is open on all sides except for rolled plastic screening and lattice. Presently, April 18, 1988 Item No. 6 - Continued on-site is a one-story frame house with a wooden shed to the rear. On the west property line is a six-foot wooden fence. There was already in place a driveway. This property is located in one of the older areas of the City, the central part. Surrounding the property are residential uses. Most of the houses have or are presently having some type of renovation done to them. STAFF RECOMMENDATION: Staff is recommending approval of both variances subject to the carport never being enclosed. BOARD OF ADJUSTMENT ACTION: The applicant was in attendance. There were no objectors present. The applicant stated that there were no problems with staff's recommendation. A motion then was made to approve the variance conditioned upon the carport never being enclosed. The motion passed by a vote of 8 ayes, 0 noes, 1 absent. April 18, 1988 Item No. 7 - Z-5011 Owner: J and E Interests, Inc. /White-Daters Associates Address: 500 Napa Valley Drive Description: Lot 1, Calais Subdivision to the City of Little Rock, Pulaski County, Arkansas Zoned: "MF-12," "MF-18," and "OS" Multifamily and Open Space Variance From the subdivision regulations Requested: provisions of Section 37.10-C to change a 25-foot building line. Justification: The variance is needed to clear the pool as constructed. Present Use of Property: Residential /Apartments Proposed Use of Property: Residential /Apartments STAFF REPORT: A. Engineering Issues There are none to be reported at this time. B. Staff Analysis The issue before the Board of Adjustment is for a variance to correct the fact of an already constructed pool encroaching into an existing 25-foot exterior side yard. The pool encroaches some 18 feet. The site in question is located in the western portion of the City where in the last few years a lot of major development has occurred. The site is that of Calais Apartments complex. The initial preliminary approval by the Planning Commission was in June 1984, and a final plat for Lot 1 was signed in February 1986. Compatibility of the site to the development trends of the area is agreeable. When the initial approval by the Commission was granted, the agent at that time, April 18, 1988 Item No. 7 - Continued Joe White, prepared the option of connecting the entrance street through the open space zoned to Mara Lynn if the owner of that parcel would agree to it, or improve the street adjacent to the property. Staff found no indication that this agreement has been accomplished; therefore, the applicant needs to address this issue before any building line waiver can be approved. If the Board so sees fit to approve the request of the applicant, there are two additional steps associated with any building line waiver. These two steps include: (a) the filing in the Planning Department and County Courthouse of a one lot replat as well as, (b) the filing of an amended Bill of Assurance. STAFF RECOMMENDATION: Staff is recommending approval subject to the applicant closing the right-of-way if he has no record to indicate that it has been done. Also, the applicant would need to file a replat showing the new building line along with an amended Bill of Assurance. The applicant has requested in writing a 30-day deferral because of the notice requirement not being met. BOARD OF ADJUSTMENT ACTION: A written request was received asking for a 30-day deferral because the notice requirement had not been met. A motion for a 30-day deferral was stated and passed by a vote of 8 ayes, 0 noes, 1 absent. This item will appear again on the May 16, 1988, agenda. April 18, 1988 Item No. 8 - Z-5012 Owner: Leon Adams /Summerlin Associates, Inc. Address: 904 Arch Street Description: Lots 10, 11, and 12, Block 131, Original City of Little Rock, Pulaski County, Arkansas Zoned: "I-2" Light Industrial Variance Requested: From the area regulations provisions of Section 7-104.2-D.1, 2 and 3 to permit construction of a building with reduced front, side, and rear yard setbacks. Justification: This proposal will allow development in an area where the original platting of lots is too small for the present "I-2" zoning. The existing conditions of the corner lot setback line requirement would not allow for buildable square footage. Present Use of Property: Vacant Proposed Use of Property: Industrial STAFF REPORT: A. Engineering Issues There are none to be reported at this time. B. Staff Analysis The proposal before the Board of Adjustment is for the construction of a building with a reduced front, side, and rear yard setbacks. The property is zoned "I-2" Light Industrial and the requirements are for a front yard of 50 feet, a side yard of 15 feet, and rear yard of 25 feet. The new building would have a front yard setback of 25 feet along West 9th Street, a 0 side yard setback on the Interstate 630 frontage and a rear yard setback of 8 feet on the west side of the site. Also associated with this variance is a April 18, 1988 Item No. 8 - Continued proposed alley closure application that is yet to be filed. The property in question is located on three lots. Most of the three lots are vacant with mature vegetation. Presently, part of the lots are used for parking. Surrounding the property is a mixture of different uses being commercial and residential. The new constructed building will be a one-story warehouse and office. This area is one in which a lot of deterioration of buildings and property has occurred. Staff feels that the applicant has developed a good proposal for the three lots and feels that this proposal will help the area in question, plus the requirement of the ordinances are restricted for "I-2" zoning in this area. STAFF RECOMMENDATION: Staff is recommending approval subject to the alley being closed and proper drainage being provided. BOARD OF ADJUSTMENT ACTION: The applicant was in attendance and represented by Mr. Jim Summerlin. There were no objectors present. Included in the recommendation is the abandonment of a 12" sewer line. Staff explained to the Board that because the Wastewater comments on the items were received late, the added condition was not in staff's recommendation. The applicant stated that there were no problems with any of the conditions including Wastewater. A motion was then made to approve the requested variance per staff's condition as well as the abandonment of the 12-inch sewer line by Wastewater. The motion passed by a vote of 7 ayes, 0 noes, 1 absent, 1 abstention (Mitchell). April 18, 1988 Item No. 9 - Other Matters - Z-5013 Owner: Paul Crittenden Address: 92 Aliza Drive Variance Requested: From the home occupation provisions of Section 7-101.6-1.E to permit an accessory building to be used for a home occupation. STAFF ANALYSIS: This issue is before the Board of Adjustment because of a denial by the Home Occupation Review Board for a home occupation to operate out of an accessory structure on the site. The property in question is located in a mobile home park. The applicant has a hobby of repairing golf clubs, but because he saw where he could supplment his income and others needed and asked for the service, he decided to obtain a privilege license and make what is a hobby a legal business for tax purposes. At which time he was cited by the Zoning Enforcement Office. The ordinance states that no home occupation can take place in an accessory structure. The applicant states that the building in which he works is similar to storage buildings located throughout the mobile home park and was approved by the owner. There is no problem with traffic since the clubs are usually picked up and returned to the individual at the golf course. No signs to advertise are displayed, no nuisance to other homes in the neighborhood will occur, and there will be no noise from any of the equipment used. On-site presently are three storage buildings, one small and two medium sizes. The mobile home is a single wide with a covered carport. There is landscaping in the front of the site. Located on all sides are other single wide mobile homes. The streets in the park are built up to standards but narrow in size. Also stored or kept on site is a camping trailer. STAFF RECOMMENDATION: Staff is recommending approval subject to the hobby being limited to only one of the storage buildings on-site. At which time the occupation increases to one of the other storage buildings, the applicant will have to come back before the Board of Adjustment. April 18, 1988 Item No. 9 - Continued BOARD OF ADJUSTMENT ACTION: The applicant was present. There were no objectors in attendance. The applicant stated that there were no problems with the conditions in staff's recommendation. A motion was then made to approve the variance per staff's recommendation. The motion passed by a vote of 8 ayes, 0 noes, 1 absent. April 18, 1988 Item No. 10 - Other Matters - Z-4001-B Address: 8124 Flint Ridge Road Description: Long Legal Zoned: "C-4" Open Display Variance Requested: From the commercial district restrictions provisions of Section 7-103-C.4 to permit an extension for a previous approved nine -month delay in screening and paving requirements. Justification: Due to the economic hardships my business is experiencing, I am unable to have the work completed. Present Use of Property: Commercial Proposed Use of Property: Commercial STAFF REPORT: A. Engineering Issues There are none to be reported at this time. B. Staff Analysis The request before the Board of Adjustment at this time is for a six -month extension to a previous approved variance of nine months for a delay in the screening and paving requirements for a commercial building. The previous approval occurred on December 15, 1986. The Zoning Ordinance requires an opaque screening fence to be constructed along any side or rear property line that abuts land zoned for residential purposes. The pavement requirements in the "C-4" zoning as per the Zoning Ordinance requirements were delayed because of a drainage problem that existed on the site. April 18, 1988 Item No. 10 - Continued The applicant states in his letter to the Board that in the past six months the economy has hit his business drastically, but feels optimistic that the business will survive with some patience and time. During the time from the last approval to the present screening is 30 percent completed but 6/87 to 10/87, the sales from the business has dropped off 50 percent from projected sales. STAFF RECOMMENDATION: Staff is recommending approval of the six-month extension for the screening and paving requirements. If at that time, the applicant still cannot meet the requirements, then he will have to return back to the Board of Adjustment. BOARD OF ADJUSTMENT ACTION: The applicant was present. There were no objectors in attendance. The applicant was asked if he agreed with staff's recommendation and he stated, yes. A motion was then made to approve the extension request per staff's condition. The motion passed by a vote of 8 ayes, 0 noes, 1 absent. April 18, 1988 Item No. 11 - Other Matters - Z-5000 Address: 2100 North Beechwood Description: Lot 1, Block 4, County Club Heights Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: "R-2" Single Family Request: From the bylaws governing the Board of Adjustment, Article 5, Sections 1-4 to permit a rehearing. STAFF ANALYSIS: The issue before the Board at this time is for reconsideration to the approval grant for case no. Z-5000 which occurred at the March 21, 1988, meeting. The variance requested at that time was for a front yard setback on Stonewall Street which was for 7.5 feet. At the meeting on March 21, 1988, there were several persons present in objection. After a considerable amount of discussion between the Board, staff, applicant, and those in opposition, the item was deferred until the end of the agenda to allow time for the applicant and objectors to meet and to come some agreement. The agreement reached by the applicant and objectors and voted on by the Board consisted of three conditions: (a) the newly constructed house would be one and one-half stories, (b) the width of the house would be 31 feet, and (c) the frontage to Stonewall Street would be 9 feet. In order for a reconsideration to approval by the Board to occur, the applicant has to (a) make a written request within ten days of the approval date, indicating any new evidence showing just cause for the request, (b) approval by at least five members of the Board agreeing to the rehearing, (c) renotice of the property owners within 200 feet of the site, and (d) the understanding of the applicant that the Board can at the time of the rehearing vote to address the new evidence or vote to defer the item for another month in order to allow time for the evidence to be reviewed. April 18, 1988 Item No. 11 - Continued The applicant stated in the written request that the reconsideration is only for that part of the approval that stated the house should be one and one-half stories instead of the two of which was part of the original plan for the site. Plans for the new house, as the original approval stands, has been considerably compromised by trying to convert the house to one and one-half stories, resulting in the upstairs rooms being disproportionately smaller and not in keeping with the dimensions of the downstairs area. The applicant further states that she was not adequately prepared to meet the numerous and sometimes misinformed objections of those opposed to the construction and would like a chance to properly refute their allocations and show that she is only asking for the right to build a house which conforms to the numerous other houses in that immediate area. BOARD OF ADJUSTMENT ACTION: The applicant was in attendance and was represented by David Henry, her attorney. There were approximately 12 people in attendance opposed to the request. The Board first had to make a motion in order for the new evidence to be presented and open for public discussion. A motion was made and passed by a vote of 9 ayes, 1 no, 1 absent. Mr. Henry stated the conditions under which the variance was approved from the last month. Those conditions included: (a) the house being one and one-half stories, (b) the frontage to Stonewall Street being 9 feet, and (c) the width of the house being 31 feet. Since that time, the purpose of the limitation can still be achieved by constructing two stories. It was his understanding that the purpose was to prevent the house from overshadowing the house next-door. With a little redesign, it has been proven that the house could have two stories. The presentation then is for the redesign with modifications for two-stories with the height remaining the same. The purpose would be to allow for the second floor to be more usable, improve the value of the property, and would be in the best interest of all parties. Mr. Henry stated that it is his understanding that there has been some collaborative effort and other issues that have clouded the variance request. But the fact of the matter of hardship is that the lot was platted in the 1940's, a corner lot, and based on a 1986 administrative decision, the interpretation is that a corner lot has two front yards. April 18, 1988 Item No. 11 - Continued It is believed that the ordinance does not state that fact. Again, the applicant does want to stick to the agreement except for the fact of needing to build two stories instead of the one and one-half stories. The Chairman then addressed the opposition, and Mr. George Holitick spoke first. He stated he had spoken to the neighbors and all were disappointed that the agreement voted on last month was not abided by. He appreciates the fact that the lot is still only 45 feet in width and still would be overbuilt. The applicant did send letters out showing the plan, but the house will be some 85 to 90 feet long extending along the street. The major concern still is the fact that the lot will be overbuilt. The attitude of the Board should be to maintain the quality of the neighborhood and not be concerned about the financial hardship of the builder. There also is the concern about the acquisition of the drainage problem and what will happen to the trees and drainage if this is approved. Mr. Cliff Asknew who lives at 4617 Stonewall Street said the property owners he is representing live on the south side on Stonewall and between Beechwood and Spring Streets, which is the first street to the west. The concern that they have is one of drainage. He understands that the Board does not address drainage, but this is the only opportunity that he will have to address someone in authority about the concern. He stated a letter had been submitted to Mr. Dalton's office, City Manager, to ask the City Engineer to investigate this concern and offer some recommendations. It is his understanding that the City Engineering Office is a part of the Board and wonders if any comments have been received regarding the drainage problem. Most of the residents have lived in the area for 23 to 25 years and have been fighting the drainage problem during that time and feel that the construction of this house will only increase the problem. There is no underground drainage, no curbs, and no gutters in order to catch the water. This is an opportunity in order to get the problem corrected. A Board member then asked if drainage was an issue which the Board could address. Staff stated that the Board has the right to place any conditions, restrictions, and recommendations it likes, but as stated last month, the Board has not in the past placed conditions of curb and guttering on residential variances. A legal opinion was then requested and the City Attorney stated that as long April 18, 1988 Item No. 11 - Continued as the conditions were reasonable, then legally it would stand. It was then asked by a Board member how would construction of the new house increase the drainage problem? Mr. Asknew stated that the only analysis was the history of the drainage problem over the previous years. The concern is this standard area which is north of Stonewall would not be improved and will be allowed to continue as is without improvements. After further discussion, one member of the Board stated that in his opinion, curb and gutterinq would not help the problem without a storm drainage system. A Mr. Porter then addressed the Board. He spoke regarding the alley and street being too narrow and the fact that two cars could not pass on the street if cars are allowed to park on Stonewall. Mrs. Connie Holitick stated that her main objection still is the height and by redesigning the two stories for additional rooms does not change that fact. She then presented pictures showing the drainage problem at the house on the corner of Stonewall and Beechwood. She then asked what possibly could be done since the water just stands and has no way to run off. If the normal street width was built, what would the 9 feet on Stonewall be for, the present street, or the width of the street if widened. The Chairman stated that the street width isn't 37 feet but possibly it widened would be 8 feet on each side. It was asked what was the setback of the houses on Stonewall, was the 9 feet in keeping with those houses. Mrs. Holitick stated that the houses set back a considerable more distance than 9 feet. Mr. Henry addressed the Board concerning the points that the opposition presented. He stated that the footprint plan isn't what is at issue but the height of it and doesn't see that much difference between a one and one -half story and two stories as long as it does not rise above the house behind it as the intent of the original agreement. It doesn't affect the drainage of the streets. The way the footprint on the drawing has already been approved. The intent is only to make the house more livable and attractive. Nobody is trying to damage the adjacent property or create an hardship for the property owners. But on the other hand, the applicant does not want to build a 13 -foot house which wouldn't help the drainage. What is proposed is in the best interest of all parties concerned. A Board member then made the point that he disagreed with April 18, 1988 Item No. 11 - Continued the fact the footprint was not at issue. What was voted on last month was what was agreed upon by the parties concerned. He then stated that he was unsure why the compromise did not work out and the applicant was back before the Board. Mr. Henry stated that the agreement was that the house wouldn't be any higher than the one behind it, and at that time it was thought that the house would have to be one and one -half stories instead of two stories, but after careful redesign, the applicant saw where the two stories could be accomplished and maintain the height. A Board member then stated that in the opinion of the Board the case was being heard anew and that the original approval was no longer in existence. Mr. Henry stated that the Board could read into it whatever, but the applicant wanted only reconsideration to the one and one -half stories. Another Board member stated that due to that fact he wishes to rescind his original vote for the rehearing. Mr. Henry was then informed that it wasn't fair for the Board to just address the concern of the applicant and not that of the people in opposition, which is also the drainage problem. Mr. Henry then asked for time to confer with his client. Mr. Henry returned and asked if the Board would be willing to withdraw the application totally. The Chairman stated that in his opinion he felt that the Board would be willing to do that. The Board then asked for a clarification on whether the applicant was withdrawing the application for rehearing or the previous application from last month. Mr. Henry stated the whole application which includes last month's approval. The Chairman requested legal opinion and the City Attorney stated that it was the applicant's right to withdraw and the Board could take a vote on that request. The Chairman then asked the City Attorney if he should address the opposition's response, and the City Attorney stated that since they were in attendance, then yes, the Board should hear them. Dr. Holitick stated that Mr. George Cook had sent out a letter dated the 15th of April and he read a portion of it as well as submitted a copy to be placed in the file. A letter addressed to Ms. Brown from Rhonda and Matt Morrison was then asked to be read into the records. Staff informed Rhonda Morrison that the letter had been circulated among the Board members and would be placed into the file which is the record, but if she felt it needed to be read, then it would be. Rhonda Morrison stated that placing it into the file record would be fine. April 18, 1988 Item No. 11 - Continued Mr. Henry then requested action on his requestfor withdrawal. The Chairman stated he was following directions from counsel and the Board was not allowing the opposition to speak in opposition to the withdrawal. The Board requested reading of the section of the ordinance that addressed the corner lot. The Chairman then stated that it was the intention of the Board to negotiate the proceedings so all parties are happy, and it appears that intention was not achieved. Mr. Henry restated the request to withdraw the application totally. A motion was then made to withdraw the rehearing application Z- 5006 -A and expunge the previous approval on Case No. Z -5000 from last month's agenda. The motion passed by a vote of 6 ayes, 0 noes, 1 absent, and 1 abstention (McDaniel). DATE l �U B O A R D OF A D J U S T M E N T V 0 T E R E C O R D ITEM NUMBERS H- AYE 0 NAYE A ABSENT ABSTAIN H " ' w Thomas MCGowan George Wells John McDaniel °smiiii�iii Earline Douglas �o�■°� C)rnthia Alderman N Eduard Scharff,JR.' �='H NNIMMEOMMMONMEMEN Jim Mitchell I Ronald Pierce i-R-ex D. Crane H- AYE 0 NAYE A ABSENT ABSTAIN H " ' w Board of Adjustment April 18, 1988 There being no further business before the Board, the meeting was adjourned at 3:30 p.m. Secretary Chairman Date