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boa_04 21 1980LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY AND MINUTE RECORD APRIL 21, 1980 2:00 P.M. I. Roll Call and Finding of a Quorum A quorum was present, being seven in number. II. Approval of the Minutes of the Previous Meeting The minutes of the previous meeting were approved as mailed out. III. Members Present: Jim Summerlin, Chairman Sam Anderson Richard Yada Jerry Wilcox Ellis Walton Marcelline Giroir William Ketcher City Attorney: Lester McKinley April 21, 1980 Item No. 1 - Z-3464 Owner: Address: Description: Zoned: Variance: Present Use of Property: Proposed Use of Property: James and Cherry Duckett 9811 Satterfield Lot 122, Treasure Hills Addition "R-2" Single Family District Reduction of side yard setback to two feet for an open carport. Single Family Dwelling Same Staff Recommendation: The proposed development provides for an open -sided carport over the existing driveway. Though it could be argued that either an attached or detached garage or carport could be constructed somewhere in the rear yard, it is staff's opinion that the slope of the rear yard and the desire to maintain as many trees as possible, combined with the fact that no harmful impacts upon neighboring properties will accrue from this request leads to the conclusion that the request is appropriate. Staff recommends approval of the request. Board Action: The applicant was present, and there were no objectors. After a brief discussion, the Board moved to approve the application as filed. The motion was passed: 7 ayes, 0 noes and 0 absent. April 21, 1980 Item No. 2 - Z-3465 Owner: Address: Description: Zoned: Variance: Present Use of Property: Proposed Use of Property: Covenant Presbyterian Church By: Jim Eubanks University at "R" Street Lots 10, 11 and 12, Block 1 Springdale Addition "R-2" Single Family District Reduction of front 23 feet and waiver spaces. Church Same - Expanded Staff Recommendation: yard setback to of nine parking The application requests permission to continue an existing two foot encroachment into a required rear yard. This continuation will permit an expansion of the existing sanctuary building. The second request deals with the inability to provide the required on -site parking. This particular problem can be dealt with in two ways. Either the requirement for nine spaces can be waived or the provision that not more than 25 percent of the required spaces can be off -site can be waived. In either case, the problem boils down to the same issue. The development plan for this property will not be able to provide an adequate number of on -site parking spaces. There are sufficient parking spaces available within adjacent properties, and it is staff's understanding that the church has permission to use those spaces. Staff recommends approval of both requests specifying, for the sake of clarity, that the church does not have to provide the required on -site parking and can use parking spaces on neighboring properties as required. Board Action The applicant was present, and there were no objectors. After a lengthy discussion of the parking issues, the Board moved to approve the application as recommended by the staff. The motion was passed: 7 ayes, 0 noes and 0 absent. April 21, 1980 Other Action The Board heard an appeal from Lawrence McKellips relative to their previous determination that he had forfeited his right to a nonconforming use on the property located along Highway #10 near Bella Rosa Drive. With Mr. McKellips was his attorney, Dale Price, who reviewed the documentation which had previously been supplied to the City Attorney and staff, consisting primarily of letters from Mr. McKellips' accountant, insurance agent and customers of Mr. McKellips' birdbath business. He stated that Mr. McKellips had not moved his residence until the summer of 1979; in fact, had not moved completely until September 1979. After a lengthy discussion and hearing from Mrs. Frank Miller, who is an opponent of the McKellips' interpretive issue, the Board moved to defer a decision on this interpretation until the May 19 Board of Adjustment meeting. That motion was passed: 7 ayes, 0 noes and 0 absent. In addition, the Board considered the proposed bylaw amendments which merely update the composition of the Board of Adjustment and modernize to some degree their operation procedures. A motion was made to approve the proposed bylaws, and the motion was passed: 6 ayes, 0 noes and 1 absent. There being no further business, the meeting was adjourned at 3:30 P.M. Date 7 '44� 6t cl� C h i rman Secretary ,r = 19s 80