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
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VOTE RECORD
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July 18, 1988
There being no further business before the Commission, the
meeting was adjourned at 3:05 p.m.
Date:
Chairman Secretary