boa_11 16 1987LITTLE ROCK BOARD OF ADJUSTMENT
MINUTES
NOVEMBER 16, 1987
2:00 P.M.
I. Roll Call and Finding of a Quorum
A quorum was present being nine in number.
II. Approval of the Minutes of the Previous Meeting
The Board approved the minutes of the previous meeting
as mailed.
III. Members Present: George Wells
John McDaniel
Joe Norcross
Jim Mitchell
Ronald Woods
Ronald Pierce
Cynthia Alderman
Thomas McGowan, Chairman
Rex Crain
City Attorney: Stephen Giles
November 16, 1987
Item No. A - Z-4919
Owner: Mike Montgomery
Address: #77 Eldorado Drive
Description: Lot 5, Pleasant Valley, 22nd Hole
Addition
Zoned: "R-2" Single Family
Variances
Requested: (1) From the rear and side yard setback
provisions of Section 5-102 (A)
2.(e) to permit construction of
wooden decking around a swimming
pool.
(2) From the 30 percent land coverage
provisions, Section 5-102.(A) 2.c
to permit construction of a deck
around a swimming pool.
Justification: We are building a swimming pool in
a limited area, and the extra
decking would greatly benefit the
installation and convenience to the
owner.
Present Use
of Property: Single Family
Proposed Use
of Property: Single Family
STAFF REPORT:
A. Engineering Issues
There are none to be reported at this time.
B. Staff Analysis
What the applicant is proposing before the Board of
Adjustment is the construction of extra wooden decking
to surround a pool that is to be built. The extra
wooden decking would be located on the south and west
property lines. The ordinance states that an accessory
structure has to be at least three feet on the side and
rear property line. The applicant is also requesting a
waiver of the 30 percent rear yard provision because
with the addition of the extra wooden decking the rear
yard would occupy more than 30 percent and the
ordinance states that no more than 30 percent for an
accessory structure.
November 16, 1987
Item No. A - Continued
The property in question has located on it a two-story
brick and frame house. It is located below the street
level of Eldorado and abuts the Pleasant Valley Golf
Course and a greenbelt strip. To the east and west of
the property, there are residential uses. The
applicant has secure approval of the request from the
Property Owners' Association, and staff has no problems
with the request.
STAFF RECOMMENDATION:
Staff is recommending approval of the application as filed.
BOARD OF ADJUSTMENT ACTION:
The applicant was not in attendance nor had the applicant
met the notice requirement. The Board then made a motion to
defer this application until the November 16, 1987, meeting.
The motion passed by a vote of 8 ayes, 0 noes, 1 absent.
BOARD OF ADJUSTMENT ACTION: (11-16-87)
Mike Nolan of Nolan's Pools represented the applicant.
There were no objectors present. Staff informed the Board
that there was a problem with the notice requirement due to
the fact that at least two signatures were not obtained in
accordance with the ten -day requirement. The Chairman then
addressed the City Attorney for guidance as to what the
Board should do in regard to this matter. The City
Attorney, Stephen Giles, informed the Board that there was
no legal reason as to why they couldn't. The Board then
went ahead and discussed the case. Mike Nolan indicated
that he no problems with the recommendation of staff. A
motion was then made to approve the application as
recommended by staff. The motion passed by a vote of 9
ayes, 0 noes, 0 absent.
November 16, 1987
Item No. 1 - Z-4154-A
Owner: Conestoga Wood Products Specialists
Address: 700 Calhoun Street
Description: Long Legal
Zoned: "I-3" Heavy Industrial
Variance
Requested: From the area regulation provisions
of Section 7-104.3 to permit a new
building with reduced side yard
setbacks and the review of an
overall site plan.
Justification: There is a need to clean up the lot and
provide for additional storage.
Present Use of
Property: Commercial
Proposed Use
of Property: Commercial
STAFF REPORT
A. Engineering Issues
B. Staff Analysis
Two years ago, this applicant came before the Board of
Adjustment seeking a waiver to the parking requirements
of the ordinance. At that time, the requested waiver
was approved conditioned that it be for a time period
of two years and additional improvements or changes in
the plan be reviewed by the Board of Adjustment or
Planning Commission.
The applicant is again coming before the Board for a
waiver from the requirements in the "I-3" Heavy
Industrial zone and to adhere to the stipulations
placed on the last approval by the Board of Adjustment.
Two years ago, the issue was parking and now what the
applicant proposal involves is the construction of a
building to serve as storage on the same site of the
last approved parking area. In a "I-3" Heavy
Industrial District, the requirement of the ordinance
is that the side yard setbacks be 30 feet, and the
applicant is proposing 17.5 feet. Also, the applicant
November 16, 1987
Item No. 1 - Continued
is including in the request an overall site plan review
of the entire property site. The site plan shows those
buildings that will be removed, where the new parking
will be located, a commitment by the applicant for
certain areas to remain storage only, and the meeting
of landscaping especially on the frontage off 6th
Street.
The site in question is part of an overall area that
encompasses several lots. The business is that of wood
products; therefore, a considerable amount of lumber is
stored on the site. To the north of the site across
6th Street is the East Little Rock Complex. The
applicant's new site plan will bring in-house that
storage of lumber presently fronting the complex which
will enhance that area.
Staff feels that the applicant is displaying some
concern in regard to making the proposed and existing
area more attractive as well as making of commitments
to continue in the same direction with future site
developments.
STAFF RECOMMENDATION
Staff is recommending approval with the understanding by the
applicant that: (a) if any further site development is
planned for the committed open space area, it will be
necessary to bring it to the attention of the Planning
Department, (b) the meeting of the landscaping requirements
on -site, and (c) the Board of Adjustment having continuous
involvement in any future plans that cannot be addressed
administratively.
BOARD OF ADJUSTMENT ACTION: (November 16, 1987)
The applicant was represented by Mr. Sam Davis. Also in
attendance was Bruce Zimmer, an employee of Conestoga.
There were several persons present requesting clarification
as to what was being proposed at the site. Mr. Davis was
asked if he felt that there would be any problem for the
applicant to meet the requirements of staff, and Mr. Davis
stated, no. Ms. Iola Romans, who has property at 610 and
612 Calhoun Street wanted some clarification in regard to
how the request of the applicant would affect her property.
After Mr. Davis explained the application to Mrs. Romans, it
was then stated by staff that the address of 700 Calhoun
Street was the address given the entire site of Conestoga by
David Hathcock of the City of Little Rock and the
application in question would not affect her property at
this time.
November 16, 1987
Item No. 1 - Continued
Inasm»ch as there were other persons present who also wanted
clarification of the application, the Chairman then asked
Mr. Davis if it was okay with him if the application was
moved to the end of the agenda, and in the meantime, he
could take those persons with questions to one of the
offices in the Planning Department and address their
concerns. Mr. Davis agreed and a motion to that affect was
made and passed.
Mr. Davis then came back before the Board for action on the
application. The Chairman asked Mr. Davis if the concerns
had been resolved, and Mr. Davis said, yes. Some of the
concerns were where the new building would be located,
information regarding other areas that Conestoga does not
own, the possible noise, and the clearing up of the stack
lumber on 6th Street.
It was then asked what the egress and ingress were, and
Mr. Davis stated that the only opening would be to the south
side. There would be no traffic or curb cuts on 6th Street.
A fence is presently on the frontage to 6th Street and
probably would remain. Staff stated that in light of the
fact that staff had encouraged the Little Rock School
District to make significant improvements to 6th Street on
the north of their site, staff would like for the record to
be noted to remind the City Engineer of that fact which is
the realignment and see if there possibly should be
modifications made to this application in line with what
staff required of the applicant to the north. A motion was
then made to approve the variance subject to the
preconditions specified in staff's recommendation. The
motion passed by a vote of 9 ayes, 0 noes, 0 absent.
November 16, 1987
Item No. 2 - Z-4926
Owner: Douglas Fisher
Address: 7923 Lassie Lane
Description: Lot 26, Block 2, Westlawn Addition
Zoned: "R-2" Single Family
Variance
Requested: From the subdivision provisions of
Section 37.10 to permit an addition to
cross a platted building line.
Justification: (1) The need for additional living area
for an elderly parent; therefore,
the present garage will have to be
enclosed.
(2 ) We will also need to provide for a
covered area for our vehicles to
protect them from vandalism.
Present Use of
Property: Single Family
Proposed Use
of Property: Single Family
STAFF REPORT
A. Engineering Issues
B. Staff Analysis
In order for any platted building line to be encroached
upon, a building line waiver has to be obtained. This
waiver is obtained first of all by coming before the
Board of Adjustment which will make a decision whether
to endorse or not endorse the modiication to the
platted building line.
At this time, the applicant is seeking out permission
to encroach into a 25-foot platted building line five
feet for the construction of an addition of a garage.
The lot in question is large in appearance. There is a
large platted curb at the front or north and west sides
of the lot where Lassie Lane and Danwood intersect.
November 16, 1987
Item No. 2 - Continued
There is an existing two-story brick and frame
structure on the lot. The proposed new addition will
be on the west side where there is already an existing
concrete drive. Surrounding the lot on all sides is
residential usage. The encroachment to the west
frontage on Danwood would not impair any vision from
the intersection.
Because of the fact this lot has such a large platting
curve from the intersection of Lassie Lane and Danwood
and the need for the additional living space, staff
feels that the applicant does, in fact, possess a
hardship.
It is incumbent of the applicant to understand that if
this building line waiver is endorsed by the Board of
Adjustment, it will then be necessary to comply with
two additional steps in the process of obtaining a
building line waiver which are: (a) the submittal of a
properly drafted amended Bill of Assurance to the
Planning Office, and (b) the filing of a one lot replat
at the County Clerk's Office and Planning Department.
It isn't until these two additional steps are completed
that the total building line waiver is considered
completed and any additional permits can be issued.
STAFF RECOMMENDATION
Staff is recommending approval conditioned upon the
applicant submitting to the Planning Department a properly
drafted amended Bill of Assurance and the filing of a one
lot replat in the Planning Office.
BOARD OF ADJUSTMENT ACTION: (November 16, 1987)
The applicant and his wife were in attendance at the
meeting. There were no objectors present. The Chairman
asked the applicant if there would be any problems meeting
the requirements of staff, the applicant responded, no. A
motion was then made to approve the variance request with
the conditions as specified by staff. The motion passed by
a vote of 9 ayes, 0 noes, 0 absent.
November 16, 1987
Item No. 3 - Z-4921
Owner: Donald Gene Pruett
Address: 4223 Zion Street
Description: Lot 12, Block 66, John Barrow Addition
Zoned: "R -3" Single Family
Variance
Requested: From the height and area exceptions
provisions of Section 5- 102.2/C to
permit an accessory structure to be
less than 60 feet from the front
property line.
Justification: Because of the lot size and to protect
my cars from the weather.
Present Use of
Property: Single Family
Proposed Use
of Property: Single Family
STAFF REPORT
A. Engineering Issues
B. Staff Analysis
This issue is coming before the Board of Adjustment
because of an enforcement action. The applicant has
constructed a garage that is located less than 60 feet
from the front property line on West 43rd Street. The
actual distance is 25 feet, and the garage is completed
all but for a little finishing touches. The structure
is located in the John Barrow Addition which is zoned
"R-3" and the lot is 47.72 feet in size, which makes it
a hardship on the applicant to meet the required 60
feet. Surrounding the structure on all sides are
residential usage.
There is located along the south side of the property a
fence that adds to the appearance of the lot and gives
more separation from the south property line and the
street on West 43rd.
November 16, 1987
Item No. 3 - Continued
STAFF RECOMMENDATION
Staff is recommending approval of the variance as filed.
BOARD OF ADJUSTMENT ACTION: (November 16, 1987)
The applicant was present at the meeting. There were no
objectors in the audience. The Chairman asked the applicant
if there were any problems with the recommendation of staff,
the applicant stated, no. A motion was then made to approve
the application as filed. The motion passed by a vote of
9 ayes, 0 noes, 0 absent.
November 16, 1987
Item No. 4 - Z-4927
Owner: James E. Fennell
Address: 9217 Asher Avenue
Description: Part of the SE 1/4 on the NE 1/4,
Section 22, T-1-N, R-13-W, Pulaski
County, Arkansas
Zoned: "C-3" General Commercial
Variance
Requested: From the off - street parking requirement
provision of Section 8-101 to permit a
waiver from the parking design
standards.
Justification: (1) We do not want to change the
parking area because of the unusual
lot configuration.
(2) The Highway Department intends to
build a four-lane highway in this
area, and we not know how it will
affect our parking.
Present Use of
Property: Commercial
Proposed Use
of Property: Commercial
STAFF REPORT
A. Engineering Issues
B. Staff Analysis
The issue before the Board of Adjustment is a waiver
from the parking design standards as specified in the
Zoning Ordinance. What the applicant is seeking to
have granted is a delay in the striping of the parking
area for a veterinarian clinic. The clinic is located
at the intersection of Asher Avenue and Arkansas State
Highway No. 5. At some point in the near future, the
City of Little Rock and the Arkansas State Highway
Department plans to widen Arkansas State Highway No. 5
and will require of the applicant some dedication of
right-of-way. At this time, neither the City of
November 16, 1987
Item No. 4 - Continued
Little Rock or the Arkansas State Highway Department
has any indication as to what amount of right-of-way
will be requested.
The applicant has stated that there is no problem with
bringing the present gravel lot up to ordinance
standards but feels that since it isn't known how much
right-of-way will be taken because of the expansion of
Arkansas State Highway No. 5, it would present a
hardship to complete the parking design and landscaping
at this time.
At present, the parking is basically to the front and
west side. The applicant is required to provide four
parking spaces. Surrounding the property are
commercial usages. A new addition is being added to
the existing structure which is included in the
required number of spaces but is not a part of this
application in regards to setback requirements. The
lot configuration is an unusual shape. The present
structure is a small brick building.
STAFF RECOMMENDATION
Staff is recommending approval of the waiver from the
parking design standards conditioned upon the applicant:
(a) meeting the requirement in the ordinance for the paving
of the parking area, and (b) an agreement being worked out
between the Arkansas State Highway Department and the City
of Little Rock's Engineering Department with the applicant
for the dedication of right-of-way not to exceed ten feet.
This agreement has to be achieved before the final
inspection can be done for the new addition.
BOARD OF ADJUSTMENT ACTION: (November 16, 1987)
Mr. Fennel, the applicant, and Mr. Earl Fox, the contractor,
were in attendance. There were no objectors present. The
applicant was asked by the Chairman if there were comments
or questions in regard to the recommendation of staff.
Mr. Fennel responded that he had no problems with Part A of
the recommendation, but due to the fact that no one knows at
this time what amount of right-of-way will be required for
dedication, it will place a hardship on him to agree to ten
feet because it would take a good portion of what is now the
existing parking lot. The Chairman then asked staff if they
had any knowledge or information to share in regard to
Mr. Fennel's concern. Staff stated that typically the Board
of Adjustment has asked the applicant for dedication of the
right-of-way that the Master Street Plan has specified, and
November 16, 1987
Item No. 4 - Continued
in this case, staff felt that the recommendation would put
the burden on the Arkansas State Highway Department to
specify how much right-of-way would be needed.
There was discussion among staff and the Board about whether
the Board had the right to waive any of the requirements of
curb and gutter or the landscaping requirements. Staff
informed the Board that the requirements for curb and gutter
as well as landscaping come under different ordinances. All
the Board at this time can do is not require the applicant
to meet the requirement because the requirement still could
be placed on the building permit. So, in other words, the
Board could only delay the requirements at this time. The
Board felt that since the Arkansas State Highway Department
has no idea when the right-of-way will be needed nor how
much, it will present a problem for the applicant to meet
the requirement of B as stated in the staff recommendation.
It was then stated for clarity what exactly the Board could
have done at this meeting which was a delay for the parking
design interior standards. But, the applicant would still
need to meet the upgrading of the lot and also the reaching
of some agreement with the Arkansas State Highway Department
and the City Engineering Department on the amount of
right-of-way to be dedicated and street improvements. A
motion was then made to permit a delay from the parking
design standards. The motion passed by a vote of 9 ayes,
0 noes, 0 absent.
November 16, 1987
Item No. 5 - Z-4928
Owner: Randy L. Dowd
Address: 330 North Summit Avenue
Description: Lot 18, Block 2, Virginia Heights
Addition
Zoned: "R-3"
Variances
Requested: (1) From the height and area exception
provisions of Section 5-102/2.C to
permit an addition less than 60
feet from the front property line.
(2) From the height and area exception
regulations provision of Section
5-102/2.C to permit a waiver from
the 30 percent rear yard coverage.
Justification: This site is the most reasonable and the
streets are too narrow for on-street
parking.
Present Use of
Property: Single Family
Proposed Use
of Property: Single Family
STAFF REPORT
A. Engineering Issues
B. Staff Analysis
This application is coming before the Board of
Adjustment for the granting of a variance from the
zoning requirements to allow for an accessory structure
to be three feet from the front property line on
Riverfront Avenue. The requirement of the ordinance
states that an accessory structure has to be 60 feet
from both front property lines when the property has
two street frontages.
November 16, 1987
Item No. 5 - Continued
What the applicant is proposing is the construction of
a garage that will be accessed by construction of a
concrete drive that will cross an existing ditch on
Riverfront Avenue. There is also a request for a
waiver from the 30 percent rear yard coverage which
cannot be achieved because the proposed structure would
be more than what is allowed.
The requirement of the ordinance does present the
applicant with a hardship because of the corner lot
having two front yards and the size of the lot being
only 50 feet.
STAFF RECOMMENDATION
Staff is recommending approval of the variance as requested.
BOARD OF ADJUSTMENT ACTION: (November 16, 1987)
The applicant was in attendance. There were no objectors
present. The applicant was asked by the Chairman if there
was any problem with the recommendation of staff. The
applicant stated, no. Therefore, a motion was then made to
approve the variance as requested. The motion passed by a
vote of 9 ayes, 0 noes, 0 absent.
November 16, 1987
Item No. 6 - Z-4935
Owner: Brown and Brown Construction
Address: 14701 Shepherd Avenue
Description: Lot 1, Secluded Hills Addition
Zoned: "R-2" Single Family
Variance
Requested: From the subdivision provisions of
Section 37.10/C to permit an addition to
cross a platted building line.
Justification: Due to the error made by both the City
inspector and the builder, the house was
built over the building line.
Present Use of
Property: Single Family
Proposed Use
of Property: Single Family
STAFF REPORT
A. Engineering Issues
B. Staff Analysis
The issue being present before the Board of Adjustment
is that of a building line waiver. It is the task of
the Board to determine whether to endorse or not
endorse modification to the building line waiver. The
required building line on the front or north should be
22 feet and the side yard on the east should also be 25
feet but is 20 feet 4 inches.
The structure is already built and ready for occupancy.
Measuring tape was run by the City inspector and the
builder at the time the foundation was approved for
stakes on the property. It was not discovered until
the final survey that the house was over the building
line. The house in question is located in one of the
newly developed areas of the City. There is
residential use surrounding the site, and even though
the house is built across the platted building line, it
does not take away from the appearance within the
subdivision when compared to other existing houses.
November 16, 1987
Item No. 6 - Continued
The applicant must understand that if the Board of
Adjustment approves the building line waiver, it is
then incumbent of the applicant to complete two
additional steps which are: (1) the submittal of a
properly drafted amended Bill of Assurance to the
Planning Department, and (b) the filing of a one lot
replat in the Planning Office and County Clerk's
Office.
STAFF RECOMMENDATION
Staff is recommending approval conditioned upon the
applicant submitting a properly drafted amended Bill of
Assurance and the filing of a one lot replat in the Planning
Department.
BOARD OF ADJUSTMENT ACTION: (November 16, 1987)
The applicant was represented by Marian Birmingham. No
objectors were in attendance at the meeting.
Mrs. Birmingham was asked if she had any problems or
concerns with the staff's recommendation, she stated, no. A
motion was then made to approve the building line waiver
with the normal conditions attached as stated in staff's
recommendation. The motion passed by a vote of 9 ayes,
0 noes, 0 absent.
November 16, 1987
Item No. 7 - Z-4939
Owner: Dennis Blevins
Address: 1015 Beechwood Avenue
Description: Lots 13 and 14, Block 11, Hillcrest
Addition
Zoned: "R-2" Single Family
Variance
Requested: (1) From the area regulation provisions
of Sections 7-101.2/D.2 and 3 to
permit reduced rear and side yard
setbacks.
(2) From the height and area exception
regulation provisions of Section
5-102/2.C to permit a waiver from
the 30 percent rear yard coverage.
Justification: (1) There is no safe place to park our
vehicles due to the fact our City
street is in the 1100 block of
Beechwood Avenue and is very
narrow.
(2) There is either potential for
either bodily or property damage
any time we are coming or going
from our home.
(3 ) This section of Beechwood is
located between North Lookout and
South Lookout; therefore, it is
heavily traveled because it is the
shortest route for traffic coming
from North Lookout to access the
Hillcrest area.
(4) Our home being well over 60 years
had the scrutiny of needed storage
space, and therefore, like one of
the necessities of life, a place to
store and and, of course, a place
to keep our vehicles out of the
elements and be able to enter our
home in confort and safety, rain
or shine.
November 16, 1987
Item No. 7 - Continued
Present Use
of Property: Single Family
Proposed Use
of Property: Single Family
STAFF REPORT:
A. Engineering Issues
B. Staff Analysis
This item is before the Board of Adjustment because of
an enforcement action. The variances in question are a
side yard setback of four feet and the requirement by
the ordinance is eight feet; also included is a rear
yard setback of three feet and the requirement of the
ordinance is 25 feet. Due to the fact of the addition
encompassing a large portion of the rear yard, the 30
percent rear yard coverage is added to the request.
The applicant has already constructed a two-car carport
and storage. The location of this application is in
one of the older established neighborhoods.
Residential usage surrounds the property and the
street, Beechwood Avenue is narrow in width. The
structure sets atop a hill, and the alley to the south
is open and is used as a drive to access the existing
structure as well as for use by the neighbor to the
south. Mature landscaping surrounding the property
with some off-street parking being used on the west
side in front of the house.
STAFF RECOMMENDATION
Staff is recommending approval conditioned upon the two-car
carport and storage area never being enclosed.
BOARD OF ADJUSMTMENT: (November 16, 1987)
Mr. Dennis Blevins, the applicant, was present. There were
no objectors in attendance. Mr. Blevins was asked if he any
problems with the recommendation of staff, and he stated,
no. A motion was then made to approve the variance with the
condition that the two-car carport and storage area never
be enclosed. The motion passed by a vote of 9 ayes, 0 noes,
0 absent.
November 16, 1987
Item No. 8 - Other Matters
Approval of the 1988 Board of Adjustment calendar of meeting
dates.
BOARD OF ADJUSTMENT ACTION: (November 16, 1987)
The Board unanimously approved the calendar dates for 1988.
BOARD OF ADJUSTMENT
CALENDAR OF MEETING DATES
1988
FILING DATE LEGAL AD MEETING 1/2
12/28/87 1/08/88 1/19/88
1/25/88 2/11/88 2/22/88
2/29/88 3/11/88 3/21/88
3/28/88 4/07/88 4/18/88
4/25/88 5/05/88 5/16/88
5/23/88 6/09/88 6/20/88
6/27/88 7/07/88 7/18/88
7/25/88 8/04/88 8/15/88
8/22/87 9/08/88 9/19/88
9/26/88 10/06/88 10/17/88
10/24/88 11/10/88 11/21/88
11/28/88 12/08/88 12/19/88
12/27/88 1/05/89 1/16/89
NOTE: 1/ All meetings to be held at 2:00 P.M. unless
otherwise changed by the Board.
2/ Agenda meetings to be held at 1:30 P.M. in the
Board Conference Room on meeting date.
NOTICE:
AN INTERPRETER WILL BE PROVIDED FOR THE HEARING IMPAIRED
UPON REQUEST. REQUESTS SHOULD BE MADE TO THE OFFICE OF
COMPREHENSIVE PLANNING AT LEAST TWO WORKING DAYS PRIOR TO
THE SCHEDULED MEETING DATE.
November 16, 1987
There being no further business before the Board, the
meeting was adjourned at 2:50 p.m.
Chairman Planning Director
12-23-87
Date