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boa_07 18 1988LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES JULY 18, 1988 2:00 p.m. I. Roll Call and Finding of a Quorum A quorum was present being 7 in number. II. Approval of the Minutes of the Previous Meeting The minutes were approved as mailed. III. Members present: John McDaniel - Chairman Rex Crane George Wells Jim Mitchell Tom McGowan Ronald Pierce Eduard Scharff Members absent: Cynthia Alderman Earlene Douglas City Attorney Present: Stephen Giles July 18, 1988 Item No. A - Z-5026 Owner: Tom Buford Address: 401 North Palm Description: Lot 19, Block 2, Elmhurst Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: "R-2" Single Family Variance Requested: From the area regulations provisions of Section 7-101.2-D.2 to permit construction with a reduced side yard. Justification: At the time the house was built, adequate storage and closet space was not included. The variance is needed in order to relocate a bathroom and use the present one as storage and closet space. Present Use of Property: Residential /Single Family Proposed Use of Property: Residential /Single Family STAFF REPORT: A. Engineering Issues There are none to be reported at this time. B. Staff Analvsis The applicant is coming before the Board of Adjustment at this time requesting a side yard variance in order to construct a new addition on the south side of the property. The purpose of the construction is to relocate the present bathroom facility in order to use the existing one as storage space. In the applicant's letter, it is stated that this proposal can be done by adding the new bathroom on the south side of the house, within the existing setback requirement; however, due to the cost of extending the roofline, it is the desire of the applicant to increase the size of the existing bathroom at the same time. July 18, 1988 Item No. A - Continued In order for the applicant's desired proposal to materialize, a variance with the side yard of 1.7 feet to the south property line will have to be granted. The ordinance states for residential zoned "R-2" property, a side yard should be 10 percent of the width of the lot not to exceed eight feet. Therefore, the applicant should be providing a side yard of five feet rather than the 1.7 as requested. Also associated with this request is the issue for the reconstruction of a proposed garage to the rear of the lot on the east side of the property. When on an "R-2" zoned lot where an alley abuts the property, the proposed construction has to maintain three foot separation on the side or rear property line. The proposed garage on the south side has a zero setback. The applicant states that in order to maintain an existing tree on the north side the garage has to be built on the property line to the south. The area in question is one of the more established ones with several of the houses being small in size and the width of the lots generally being around 50 feet. To the east attached to the brick and frame one-story house is a wooden deck. Also located in this area of the property is a three - (tied) built-up planter. All access to the proposed garage will be taken off the alley. Staff feels the requested proposal for the upper south side will place too much of a burden on the neighbor to the south to have construction, within 1.7 feet of the side yard. Although there exists a low retaining wall separating the two properties, the size of the addition is considerable. In regard to the proposal on the southeast side to the rear of the property, staff will support the construction inasmuch as the access will come off the alley. Staff would recommend to the applicant that the new addition on the south be reduced to meet the required five feet of side yard. STAFF RECOMMENDATION: Staff at this time recommends denial of the requested side yard variance for the addition to the south side but will support the reduced side yard variance to the southeast corner where the proposed garage will be constructed and abuts the alley. July 18, 1988 Item No. A - Z-5028 BOARD OF ADJUSTMENT ACTION: (June 20, 1988) The notice requirement for this item had not been met. A motion for a thirty day deferral was stated and passed by a vote of 7 ayes, 0 noes, 1 absent, 1 open position. This item will appear again on the agenda for the July 18, 1988 public hearing. STAFF RECOMMENDATION: Due to the notice requirement still not being met, Staff recommends withdrawal of this item. BOARD OF ADJUSTMENT ACTION: (July 18, 1988) Due to the facts that the notice requirement had not been met and that this was the second time the item has appeared on the agenda, a motion was offered to withdraw the item per Staff's instructions. The motion passed by a vote of 7 ayes, 0 noes, and 2 absent. July 18, 1988 Item No. 1 - Z-5023 Owner: Alvin E. Lockhart Address: 2100 West 22nd Street Description: Lot 15, Adam's Replat #1 to the City of Little Rock, Pulaski County, Arkansas Zoned: "R-2," Single Family Variances Requested: From the Area Regulations Provisions of Section 7-101.2-D.1 & 2 to permit construction with reduced front yard setbacks. Justification: The lot is too small to build on without a variance. Present Use of Property: Vacant Proposed Use of Property: Residential STAFF REPORT: A. Engineering Issues None to be reported at this time. B. Staff Analysis This issue before the Board of Adjustment at this time is for a front yard variance in order to construct a single family residence. The lot in question is vacant, forty-four feet in width and fronts two streets, Park Avenue and West 22nd Streets. Presently on site there is mature vegetation with a three foot brick wall fence along the two front property lines. Surrounding this site are residential uses. What the Applicant proposes with the construction is to meet the requirement of the twenty -five foot frontage on West 22nd Street but not on the Park Street side (east). A 15.6 foot frontage is being proposed for Park Street; therefore, the actual request is for an encroachment of 9.4 feet. July 18, 1988 Item No. 1 - Z-5023 - Continued Staff feels the Applicant does have a justified hardship because of the lot being small in size and located on a corner. The normal size for lots today is at least 50 feet. By presenting this type of proposal, the Staff feels that the Applicant will be within the established standards presently in the area. C. Staff Recommendation: Staff is recommending approval of the variance as filed. Board of Adjustment Action - July 18, 1988 Mr. Alvin Lockhart, the applicant, was present. There were no objectors present. The applicant voiced no objection to staff's recommendation. A motion was made to approve the variance as filed. The motion passed by a vote of 7 ayes, 0 noes, 2 absent. July 18, 1988 Item No. 2 - Z-5045 Owner: John Epps Address: 1701 East 15th Street Description: Lot 43, Garden Homes Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: "I-2" Light Industrial Variances Requested: From the Area Regulations provisions of Section 7-104.2 - D.1 & 3 to permit construction with a reduced front and rear yard setback. Justification: Due to the lot size, the desired building cannot be built without a variance. Present Use of Property: Industrial /Electric Motor Service Company Proposed Use of Property: Industrial /Electric Motor Service Company and Warehouse STAFF REPORT A. Engineering Issues: There are none to be reported at this time. B. Staff Analysis: The Electric Motor Service Company is coming before the Board of Adjustment requesting two variances for the construction of an addition to be used as part of the repair business as well as the use of a portion of the warehouse for storage. Property zoned "I-2," Light Industrial, of which this lot has is required by the Ordinance to have setbacks consisting of a front being 50 feet, a rear being 25 feet, and both sides 15 feet. Since this particular lot fronts three streets, the required fifty feet would be for all three frontages. The proposal before the Board today indicates that two frontages will be met, July 18, 1988 Item 2 - Z-5045 (Continued) but on the East 16th Street frontage, a 11.7 foot setback is shown. For the rear yard setback, the proposal indicates a 9.5 foot setback, not the required 25 feet. The area in question has some industrial uses with mostly residential uses to the immediate west, east, and south. Presently on the lot where the new addition is proposed, storage of the material is utilized. The lot is fenced in all around with wire screening. All three street frontages are open streets with East 15th being the one with the most traffic. The present building fronts on East 15th Street with drives being provided off East 15th and Security Drive. C. Staff Recommendation Staff is recommending approval subject to: (1) a driveway be provided on East 16th Street with one-way direction, and (2) the proposed addition should not be open to ensure some noise protection to the residences in proximity to the area. Board of Adjustment Action July 18, 1988 Mark Ulmer represented the applicant. There were no objectors present. Mr. Ulmer stated that the applicant had no objections with staff's rtcommendati'on. A motion was then made to approve the variances per the conditions outlined in staff's recommendation. The motion passed by a vote of 7 ayes, 0 noes, 2 absent. July 18, 1988 Item No. 3 - Z-5046 Owner: Bennie White Address: 10206 Interstate 30 Description: Long legal Zoned: "I-2" Light Industrial Variance Requested: From the area regulations provisions of Section 7-103.4/D.1 to permit construction within a front yard setback. Justification: The variance is needed in order to meet the requirements on handicap ramps and maintain the entry way into the business. Present Use of Property: Vacant Gulf station Proposed Use of Property: Commercial /Liquor Store STAFF REPORT A. Engineering Issues There are none to be reported at this time. B. Staff Analysis The request being presented to the Board of Adjustment involves a needed variance in order to comply with the handicap requirements as well as to maintain an entry way into the business. As proposed by the Applicant, the enclosure will consist of putting up three walls under an existing canopy. The area in question is approximately 8 feet out and 22 feet wide. The requirement of the Ordinance for a front yard setback is 45 feet and the Applicant wishes to have a setback of 37 feet. The extra room is needed for a ramp to permit wheel chairs and enough room for double glass doors. A safety factor will also play apart by allowing for the construction of a steel wire mesh wall with a pass-thru window for night customers. Located in the southwest area of the City, this property fronts an access drive to Interstate 30. Surrounding the lot are industrial and commercial uses. July 18, 1988 Item No. 3 - Z-5046 (Continued) Also located in this area is the Arkansas State Highway Department. Staff sees the Applicant's proposal as being reasonable and compatible with the area in question, Southwest City. C. Staff Recommendation Staff is recommending approval of the variance as filed. BOARD OF ADJUSTMENT ACTION: (July 18, 1988) Mr. Ken Ganus represented the applicant. There were no objectors present. As stated by Mr. Ganus, no problems will be experienced with Staff's recommendation. A motion was then offered to approve the variance. The motion passed by a vote of 7 ayes, 0 noes, and 2 absent. July 18, 1988 Item No. 4 - Z-5047 Owner: Horace Greene Address: 1801 South Harrison Street Description: Lot 1, Block 1, H.F. Buhler's Tenth Addition to the City of Little Rock, Pulaski County, AR Zoned: "R-3" Single Family Variances Requested: From the Area Regulation provisions of Section 7-101.3-D.1 & 2 to permit construction with reduced front and side yard setbacks. Justification: "I need the addition for family growth for it will be in my best interest to add as opposed to building anew." Present Use of Property: Residential /Single Family Proposed Use of Property: Residential /Single Family STAFF REPORT A. Engineering Issues There are none to be reported as of this writing. B. Staff AnaIysis The request before the Board of Adjustment at this time is for a reduced front yard setback as well as side yard setback. Zoning of "R-3," Single Family, requires a front yard to be 25 feet and what is being proposed is a front setback of 5 feet. The side yard requirement is 5.8 feet and the proposal is for 5 feet. This proposed two -story new addition is for the purpose of added space for family growth. Presently on site is a one -story brick home. Several years ago, a variance was obtained for a carport. As with a corner lot, the requirement of the Ordinance states that there is to be two front yard setbacks of 25 feet. Both South July 18, 1988 Item No. 4 - Z-5047 Harrison and West 18th Street are standard residential streets. Across West 18th Street is Stephen School with other surrounding property all residential. The concern of the Staff does not lie with the requested variances but with the incompatibility of the proposed two -story addition. This particular neighborhood is well established with attractive one - story homes. A part of the review process for any requested variance is to address the entire site and possible impacts to the area and adjacent property owners. It is the adjacent property owner to the south Staff feels will be most effected by this proposal. On site field review showed that the present roofline is designed whereas the run -off is directed in several directions. The Applicant was asked to submit a floor plan and the elevation sketch of how the proposed addition would appear on site. After review of what was submitted by the Applicant, Staff is even more concerned with the proposed addition which shows the elevation considerably higher than the present roofline as well as the size of the rooms and number of rooms as shown on the floor plan. C. Staff Recommendation Staff is recommending denial of the requested variances due to the incompatibility of the two-story addition to the neighborhood. BOARD OF ADJUSTMENT ACTION: (July 18, 1988) Mr. Horace Greene, the applicant, was in attendance at the meeting. Several persons signed cards to speak in favor of the requested variances. Those being Paul Baker, 1805 South Harrison; Hurley Jones, 1800 Van Buren Street; John Morris, 1804 South Van Buren Street; and Sam Walker, 1918 South Jackson Street. Mr. Greene stated that he totally disagreed with Staff's recommendation. A lengthy prepared statement was then read by the applicant. After no questions or statements were offered to the applicant by the Board, a motion was made to approve the variances for reduced side and front yard setbacks. The motion passed by a vote of 7 ayes, 0 noes, and 2 absent. July 18, 1988 Item No. 5 - Z-5048 Owner: Michael D. Townsend Address: 2123 North Arthur Street Description: Lot 13, Block 2, Altheimer's Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: "R -2" Single Family Variance Requested: From the Area Regulations provisions of Section 7- 101.2 -D.1 to permit construction with a reduced front yard setback. Justification: The construction was done for the purpose of improving the property appearance and value. Present Use of Property: Residential /Single Family Proposed Use of Property: Residential /Single Family STAFF REPORT A. Engineering Issues There are none to be reported as of this writing. B. Staff Analysis This request is before the Board of Adjustment as a result of an Enforcement Action. Presently on site and over half completed is a deck approximately 16' x 25'. All that remains in order to finish the work is the placing of rails. At issue is the fact the lot is on a corner and the Ordinance states that two front yard setbacks of 25 feet are required. With the construction of the deck, Beacon Street frontage will have a setback of 5 feet; therefore, the requested variance is for a total encroachment in the front setback of 20 feet. July 18, 1988 Item No. 5 - Z-5048 (Continued The area surrounding the lot is all residential. Beacon Street and Arthur Streets are open and built to the residential standards with no future widening plan. All lots in this area are small in size. The lot in question has a fence along the frontage side to Beacon Street approximately halfway the north side. There is some mature vegetation on the side with a substantial side yard on the south side of the lot. A drive is located to the east for access to the frame garage. Staff feels that the Applicant's hardship is the fact of it being a corner lot only 50 feet in width. As with corner lots, two 25 foot frontages are a particular hard task to accomplish while still achieving the desired design for any type of construction. C. Staff Recommendation Staff is recommending approval of the variance as filed. BOARD OF ADJUSTMENT ACTION: (July 18, 1988) Mr. Michael Townsend, the applicant, was present at the meeting. There were no objectors present. Agreement with Staff's recommendation was offered by the applicant. A motion was then stated approving the variance request as filed. The motion passed by a vote of 7 ayes, 0 noes, and 2 absent. July 18, 1988 Item No. 6 - Z-5049 Owner: Susan Fuller Address: 1900 Beechwood Description: Lots 132, 133, and 134, Shadow Lane Addition to the City of Little Rock, Pulaski County, AR Zoned: "R-2" Single Family Variance Requested: From the Area Regulations provisions of Section 7-101.2-D.3 to permit construction with a reduced rear yard. Justification: The variance is needed in order to achieve the desired design configuration. Present Use of Property: Residential /Single Family Proposed Use of Property: Residential /Single Family STAFF REPORT A. Engineering Issues There are none to be reported at this writing. B. Staff Analysis The proposal before the Board of Adjustment at this time is a request for a reduced rear yard setback in order to construct a one and two -story addition to a two -story residence. The requirement of the Ordinance specifies a rear yard to be 25 feet and the Applicant wishes to have the rear yard to be 10 feet, a difference of 15 feet. As shown on the sketch, this requested construction will, if approved, occur on three lots. On the lots are mature vegetation, a frame building to the rear, wrought iron and brick fence surrounding the rear, Echo Pass is an open alley, not a street, and to the front, the lots are elevated from the street frontage on Beechwood. In the area are a number of large-size houses. Beechwood Street is narrow in size with no future plans of widening. July 18, 1988 Item No. 6 - Z-5049 (Continued) Staff sees no problem with this request. The proposal is compatible with the area. Other houses in the area are large and some built on a lesser amount of space than the three lots in this proposal. C. Staff REcommendation Staff is recommending approval of the rear yard variance as filed. BOARD OF ADJUSTMENT ACTION: (July 18, 1988) John Stanley, agent for the applicant, was in attendance at the meeting. There were no objectors present. The representative stated there were no problems with Staff's recommendation. Approval of the variance request was stated and passed by a vote of 7 ayes, 0 noes, and 2 absent. July 18, 1988 Item No. 7 - Z-5050 Owner: Gregory S. & Susan W. Kitterman Address: 2620 North Pierce Description: Lot 12 and the north 16 2/3 feet of Lot 11, Block 22, Park View 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 with a reduced front yard. Justification: The variance is needed in order to expand the parking area and eliminate parking on the street. Present Use of Property: Residential /Single Family Proposed Use of Property: Residential /Single Family STAFF REPORT A. Engineering Issues There are none to be reported at this writing. B. Staff Analysis This request is before the Board of Adjustment as a result of an Enforcement Action. Already constructed on site is a two -car carport made of an aluminum roof over a concrete slab mounted on three poles on both sides. The carport is constructed in the same area where previous parking occurred with the area being increased slightly to accommodate two cars. Previously, the area consisted of a concrete slab with crossties as a retainer wall. Requirements in the Ordinance state that for a corner lot, two front yards of 25 feet are to be provided. The carport in question fronts on the "Y" Street side of the lot but rather than 25 feet of frontage, the Applicant has a setback of 11.6 feet. "Y" Street is July 18, 1988 Item No. 7 - Z-5050 (Continued) narrow in size with some on-street parking occurring. Other houses in the area are of similar aesthetics, with mature vegetation throughout the neighborhood. Staff feels that not only is the Applicant's request reasonable, but because of the fact the lot is on a corner, having to provide two front yard setbacks does present a hardship to the Applicant. C. Staff Recommendation Staff recommends approval of the variance subject to the carport never being enclosed. BOARD OF ADJUSTMENT ACTION: (July 18, 1988) Gregory Kitterman was present at the meeting. There were no objectors present. Mr. Kitterman stated he had no problems with the condition that the carport never be enclosed. A motion was then made to approve the variance with the condition the carport never be enclosed. The motion passed by a vote of 7 ayes, 0 noes, and 2 absent. July 18, 1988 Item No. 8 - Z-5051 Owner: B. H. & G. Properties Address: 8908 Kanis Road Description: Tract B, Westside Commercial Subdivision to the City of Little Rock, Pulaski County, Arkansas Zoned: "C -4" Open Display Variance Requested: From the Subdivision Regulations provision of Section 37.10 -C to permit construction to cross a platted building line. Justification: The desired design of the new building requires an additional ten feet. Present Use of Property: Vacant Proposed Use of Property: Office /Medical STAFF REPORT A. Engineering Issues There are none to be reported at this time. B. Staff Analysis The Applicant is bringing before the Board of Adjustment a request for a building line waiver in order to construct a building for the purpose of providing a clinic and medical offices. Under the Subdivision Regulations, whenever a platted building line is crossed, that particular new building line must be approved and changed on the records. The property carries a "C-4" zoning. Under this particular zoning a 45 foot building line is needed. What the Applicant proposes is a change in the building line to show it as 25 feet. The amount of encroachment by the new structure will be 5 feet but since this site will not be utilized as retail, the 25 foot building line would allow for the desired design to occur. The lot is vacant. The west point where the building line July 18, 1988 Item No. 8 - Z-5051 (Continued) waiver is requested fronts Physician Court which is a dead-end street. Surrounding the site are commercial and office uses. Also, associated with this site is a request before the Planning Commission for a down - zoning of the property. Since "C-4," Open Display, is an inappropriate zoning for the type use being proposed for the site, Staff is in support of the Applicant's requested building line waiver. In as much as the Applicant has filed for a down-zoning of the site, the 25 foot building line will be more in accordance with the requirement for the new zoning of Office. C. Staff Recommendation Staff is recommending approval subject to the two additional steps of a one lot replat and amended Bill of Assurance all being filed in the Planning Department and at the County Court House. BOARD. OF ADJUSTMENT ACTION: (July 18, 1988) Mr. Terry Rasco, agent for the applicant, was in attendance. There were no objectors present. Staff stated a call had been received from 8901 Kanis Road requesting that the landscaping requirement be increased to what the Ordinance states. A letter supposedly was forth coming but not received at the time of the meeting. Mr. Rasco stated he did not see why the applicant should be subjected to the request since the objector was not present. A motion was then made to approve the building line waiver request per the conditions outlined in Staff's recommendation. The motion passed by a vote of 7 ayes, 0 noes, and 2 absent. July 18, 1988 Item No. 9 - Z-5052 Owner: Garver & Garver, Inc. Address: 1901, 1905 & 1911 West 10th St. Description: Lots 10, 11 & 12 of Marshall and Wolfe's Addition to the City of Little Rock, Pulaski County, AR Zoned: "O-3" General Office District Variance Requested From the Subdivision Regulation provisions of Section 37.10-C to permit construction to cross a platted building line. Justification: The variance is needed to more efficiently align corridors in the addition with corridors in the existing building. Present Use of Property: Vacant Proposed Use of Property: Office Building 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 building line waiver. Presently the site in question has a platted building line of 25 feet. The Applicant, by building a new addition, wishes to cross the 25 foot building line by 3 feet. This encroachment is needed to efficiently align the corridors of the addition with the existing building. The existing building is built to the property line parallel to Battery Street. The addition will be built north of the existing building with the east wall 22 feet from the property line. Located on the site presently is an abandoned building which is being demolished. With construction of the addition, additional parking will be provided to the north of the addition along July 18, 1988 Item No. 9 - Z-5052 (Continued) with the parking on -site to the west. There are mixed uses surrounding the site. Battery Street is built to standard with no future plans for major improvements. Associated with any building line waiver are two additional steps which are: (1) the filing of a replat showing the new building line, and (2) the filing of an amended Bill of Assurance, all in the Planning Department and at the County Court House. Staff finds no problems with the Applicant's request. The suggested improvements will be a plus for this particular area of the City. C. Staff Recommendation Staff recommends approval of the building line waiver conditioned upon the filing of a replat and amended Bill of Assurance, all in the Planning Department and at the County Court House. BOARD OF ADJUSTMENT ACTION: (July 18, 1988) Mr. William Cato, of Garver & Garver, Inc., was in attendance. There were no objectors present. Mr. Cato stated that there were no problems with Staff's recommendation. A motion was stated to approve the building line waiver per the two additional steps being completed. The motion passed by a vote of 6 ayes, 0 noes, 2 absent and 1 abstention (Pierce). July 18, 1988 Item No. 10 - Z-5053 Owner: Robert & Barbara Johnston Address: 305 East 16th Street Description: Lots 1 & 2, and the east 86.0 feet of the north 5.0 feet of Lot 3, Block 51, Original City of Little Rock, Pulaski County, Arkansas Zoned: "R-5" Urban Residential District Variance Requested: From the Area Regulations provisions of Section 7-101.7-D.3 to permit an addition with a reduced rear yard. Justification: The space is needed to provide for additional bathroom facility. Present Use of Property: Residential /Single Family Proposed Use of Property: Residential /Single Family 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 the construction of an addition for the purpose of obtaining a needed bathroom. The property in question is located in the eastern portion of the City. If granted, the request would allow for a reduced rear yard setback. A rear yard in the zone classification of "R-5" requires 25 feet but the applicant seeks to have 11.0 feet. Another point of concern, in addition to the rear setback, is the point of distance from the structured addition to the immediate neighbor to the south. Presently, the distance is approximately 11.4 feet; therefore, if the addition is approved, there will be a lose of approximately 4 inches. There is mostly residential use surrounding the site with the exception of the Cumberland Nursing Home to the west. July 18, 1988 Item No. 10 - Z-5053 (Continued) To the east of the site, there is a partially open alley which accesses the property to the south. As with most older established areas of the City, a lot of the residences are being renovated or expanded in order to accommodate the need for extra space. Staff feels that this request by the Applicant is reasonable and will be a plus to the structure. C. Staff Recommendation Staff is recommending approval of the variance as filed. BOARD OF ADJUSTMENT ACTION: (July 18, 1988) Barbara Johnston, the applicant, was in attendance. There were no objectors present. Ms. Johnston stated there were no problems with Staff's recommendation. A motion to approve the variance was made and passed by a vote of 7 ayes, 0 noes, and 2 absent. July 18, 1988 Item No. 11 - Z-5054 Owner: Second Baptist Church Address: 222 East 8th Street Description: Long legal Zoned: "HDR" High Density Residential Variances Requested: From the Area Regulation and Land Use of Section 43 -34 to permit construction with reduced front yard setbacks and a Conditional Use Permit. Justification: The construction is needed in order to bring the building into compliance with Fire and City Codes. Present Use of Property: Church Proposed Use of Property: Church STAFF REPORT A. Engineering Issues There are none to be reported at this time. B. Staff Analysis The issues before the Board of Adjustment are twofold. First, the Applicant is seeking a Conditional Use Permit to clarify the record. A Conditional Use Permit was never obtained after the Central Little Rock Ordinance was adopted. A zoning of High Density Residential permits the operation of a church only as a Conditional Use. Secondly, the request for a front yard variances is needed because this particular location is on a corner fronting two streets. The construction will consist of three changes to the site as indicated below: 1. A three-story addition to the East Education Building which will extend the present south face July 18, 1988 Item No. 11 - Z-5054 (Continued) of the building to within 2" of the property line. The Central Little Rock Ordinance requires 25 feet. 2. A 1610" wide x 13'0" deep canopy above the east entrance to the complex which will cross into the public access; therefore, a Franchise Agreement from the City will have to be obtained if this variance is approved. The requirement of 25 feet of setback is needed and the Applicant proposes zero setback. 3. A 24'0" wide x 9'0" deep canopy above the present south entrance to the sanctuary. A zero setback to the 8th Street frontage is being proposed but 25 feet is required. Also, a Franchise Agreement from the City will have to be obtained if the variance is approved. The Applicant states that the present first and third floor does not provide adequate exit capacity nor proper exit locations to meet current fire egress requirements. Unfortunately, the church layout does not allow one canopy to serve both functions. This particular area of the City is concentrated with a large number of elderly residents housed in two retirement complexes in close proximity to this lot. Both of the streets of which this lot fronts are one -way in direction. Cumberland runs south and 8th Street runs west. The church also owns the property on the east corner and one day plans to utilize it for Sunday School space. Several of the other buildings in the area have zero setbacks that are fronting the street frontage. Staff feels that the Applicant's request is reasonable in that the construction will improve the site. This particular structure is older and needs to be brought into compliance with the Fire Code. C. Staff Recommendation Staff is recommending approval conditioned upon Franchise Agreements for construction into the public access being obtained. July 18, 1988 Item No. 11 - Z-5054 (Continued BOARD OF ADJUSTMENT ACTION: (July 18, 1988) Mr. Darrel Odom, agent for the applicant, was in attendance. There were no objectors present. Mr. Odom stated that the process has already been started for the Franchise Agreements. Therefore, no problems are associated with Staff's recommendation. A motion was offered to approve the variances and Conditional Use Permit per the conditions in Staff's recommendation. The motion passed by a vote of 7 ayes, 0 noes, and 2 absent. July 18, 1988 Item No. 12 - Z-4971-A Owner: Lewis E. Schickel Address: 5724 Dreher Lane Zoned: "C-3" General Commercial Request: Extension request for a period of one year on an approved rear yard setback. STAFF ANALYSIS At the January 19, 1988 Board of Adjustment meeting a vote of approval. for a rear yard setback was given to Sunkist Cleaners located adjacent to the Southwest City Mall. The zoning of "C-3" requires a 25 foot setback and the approval was for a 5 foot rear yard setback. Due to other on-going projects, the Applicant is now coming before the Board for an extension of one year to the approval. Generally, all approvals by the Board are active for a period of six months, to obtain a building permit and thirty-six months in order to construct or make the needed structural alteration. Any addition of time to this established time frame can only be approved by the Board of Adjustment. STAFF RECOMMENDATION Staff is recommending approval of the extension request for a period of one year. Any additional time will again have to be approved by the Board of Adjustment. BOARD OF ADJUSTMENT ACTION: (July 18, 1988) Terry Wilson represented the applicant. There were no objectors present. Mr. Wilson stated he understood Staff's recommendation. A motion for approval was stated and passed by a vote of 7 ayes, 0 noes, and 2 absent. July 18, 1988 Item No. 13 - 1432-B Owner: Mehlco, Inc. /Terri Bonner Address: 7509 Cantrell Road Tanglewood Shopping Center Zoned: "C-3" General Commercial Request: Extension request for an already approved height variance. STAFF ANALYSIS On March 21, 1988, the Board of Adjustment approved a request by Mehlco, Inc. for a height variances located at the southeast corner of the Tanglewood Shopping Center. The height variance was for the purpose of a tower for a radio station. In accordance with the time limitation for an approved variance, if a Building Permit isn't obtained within six months of the approved date, then an extension has to be obtained through the Board of Adjustment. The Applicant states that the radio station for which the tower is to be used is currently before the FCC and is awaiting action. At present there is no way to determine the exact amount of time it will take for the item to appear on the FCC docket and for action to be taken on it. The best estimate is in the neighborhood of two years, but again, depending on the competition for the license and the amount of litigation that might ensue, it could be a longer or shorter period of time. As with all extension requests, Staff's approach to each request is on a case-to-case basis. In this particular case, shortly after the approval was granted, a letter was received indicating strong opposition to the approval. At the time of the Public Hearing, no one was present to object but the letter indicated that there was considerable confusion as to the exact location of the variance. Rather than the notice stating the Tanglewood Shopping Center, approximately located at the corner of Georgia and Kentucky, the general location was for Cantrell at Mississippi, a location Staff placed on the form. The respondent of the letter definitely felt that because of this fact no one showed to voice objection. In as much as this new concern has come to the attention of Staff, those involved feel it would not be in the best interest of those neighbors July 18, 1988 Item No. 13 - 1432-B (Continued) adjacent to the proposed tower to allow for an extension beyond what is normally placed on an approval. According to the Applicant's request letter, there is uncertainty as to exactly the amount of extension - two years or possibly longer. If, for some reason, the Board does not agree with the Staff's recommendation, an alternative recommendation would be to offer a thirty-day deferral. This time would allow for a more detailed re- notice to the property owners informing them of the extension request. STAFF RECOMMENDATION Staff is recommending denial of the extension request. BOARD OF ADJUSTMENT ACTION: (July 18, 1988) Due to the applicant's untimely delay out of state, Staff recommended deferral of the item until August 15, 1988. A motion was made to that effect and passed by a vote of 7 ayes, 0 noes, and 2 absent. B O A R D O F A D J U S T M E N T DATE 1/lt/f: MEMBER II Thomas MCGowan 1/ G��rge Wells v John McDaniel v Earline Douglas -A Cynthia Alderman A Eduard Scharff,JR. s/ Jim Mitchell v Ronald Pierce ✓ Rex D. Crane i) ... I d- V v V ✓ V v A ft- fl fl ✓ ✓ v>✓ J/ 1/ v ✓ " I 3 'I V ✓ V v V v 11 It ll A v v' ✓y1 � v v t/ � . 5 V � v' II 11 ✓ V y / . ✓AYE @NAYE AADSENT �BSTAIN --------- VOTE RECORD ITEM NUMBBRS (g I"/ f q /0 // /.-' v v I/ v V V 1,../ // I/ J_,,; J/ v V v ,/ ✓ }/ fJ-11 II fl fl f1 fl A A II fl fl v' V v'I/ v J/ v t/ v v· 1/ V v' v v dB V ;,/ J v t/ v1 ✓ V � . .I ,. . /J.., V V V Ii fl V v V y - /3 V V -f, fl J/ V ✓ --- --, July 18, 1988 There being no further business before the Commission, the meeting was adjourned at 3:05 p.m. Date: Chairman Secretary