boa_01 21 1980LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY AND MINUTE RECORD
January 21, 1980
2: 00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present, being five in number.
II. Approval of the Minutes of the Previous Meeting
Minutes of the December meeting were approved as mailed
out.
III. Members Present: Samuel Anderson, Chairman
Jerry Wilcox
Jack Taylor
Ray Fureigh
Marcelline Giroir
Members Absent: Jim Summerlin
City Attorney: Bob Taylor
January 21, 1980
Item No. 1 - Z-3430
Owner:
Address:
Description:
Zoned:
Variance:
Present Use of
Property:
Proposed Use of
Property:
J. A. Mattingly
4523 West 65th Street
N 1/2, NE 1/4, NE 1/4, SE 1/4,
SE 1/4, Section 30, T1N, R12W
"C-3" General Commercial
Request variance from Section 7-103.3(D)
to permit a 15' encroachment into a
required rear yard.
Furniture Store
Same
Staff Recommendation:
The proposed addition would increase the structural size by
approximately 50 percent. There is no indication of
hardship which would require expansion in the manner
desired. The owner acknowledges his intention to add to the
front of the existing building in the future.
Staff sees no justification for the proposed encroachment.
Staff recommends denial.
Board Action:
The applicant, J. A. Mattingly, was present, and gave his
reasons for wanting to make the proposed expansion. He
acknowledged that economic hardship was the primary reason
for his requesting variance. There were several objectors
present. All of them spoke against the application on the
basis of their perception that the expansion being
considered would tend to devalue their residential
properties to the south.
After a discussion of the matter, the Board moved to deny
the application. The motion was passed: 5 ayes, 0 noes and
1 absent.
January 21, 1980
Item No. 2 - Z-3434
Owner: Robert Shults by Bobby Horton
Address: 8623 Asher Avenue
Description: Tract B, Cole Subdivision
Zoned: 11C-3" General Commercial
Variance: Request a variance from Section 8-101(I)
to permit waiver of part of the paving
requirements.
Present Use of
Property: Automobile and Truck Sales
Proposed Use of
Property: Same
Staff Recommendation:
The ordinance specifically cites that the paving
requirements shall apply to "vehicular use area[s] .
subject to wheeled traffic." The applicant states that the
area to be left unpaved is for the storage of nonwheeled
vehicles.
Staff recommends that the area shown as gravel on the
accompanying sketch be permitted with the condition that
such area be screened along the north edge, and that the
junk vehicles and equipment be removed from the property.
Board Action:
The applicant was present, and there were no objectors. In
discussing the matter, the Board and Mr. Horton talked about
the screening of the property as recommended by staff.
Mr. Horton stated that he did not feel the screening was
feasible in that it would tend to hide the items that he was
going to have for sale on the property behind the screen.
After a brief discussion, the Board moved to approve the
application without conditions as to additional screening.
The motion was passed: 5 ayes, 0 noes and 1 absent.
January 21, 1980
Item No. 3 - Z-3235 - INTERPRETATION
Owner: Carol Wilkins Williams
Address: #5 Beverly Place
Description: Part of Block 3, Walthour and Wilburns
Replat
Zoned: 11R-2" Single Family District
Present Use of
Property: Single Family Residence
Request:
This applicant requests a review and clarification of the
previously granted variance on the subject property with a
view toward determining the exact boundaries of the
approval. The request is the result of enforcement action
taken by the Building Permits Office.
This case was presented to the Board of Adjustment on
July 24, 1978 as a request for: (1) side yard waiver permit
construction along and abutting the north side yard, and
(2) rear yard waiver to permit encroachment of approximately
four feet.
The facts, as we understand them, are that the owners
obtained a building permit immediately after approval by the
Board and constructed the bulk of the structure now
standing. Inspections were made and apparently no problems
existed or were noted. However, this cannot be documented
as the permit file has been misplaced and thus far cannot be
located. Secondly, the deck on the rear of the building was
added during 1979 without a building permit. This created
the enforcement issue at the insistence of the neighbors.
The enforcement staff of the Community Services Department
created the request for clarification by insistence on
conformance to the file, or removal of the access structural
involvement.
Richard B. Steinkamp, attorney for the owners, will be
present at the meeting.
January 21, 1980
Item No. 3 - Continued
Board Action:
The Chairman offered an opportunity for Richard Steinkamp,
attorney for the applicant, to present the applicant's side
of the issue. Mr. Steinkamp reiterated statements that he
had made in his letter to the individual members of the
Board, and offered to answer various questions. There were
questions raised relative to the plans that were said to
have been submitted to the staff at the time the original
variance was granted, and it was noted that those plans did
not show a date as to the time they had been drawn.
Mr. Steinkamp confirmed that there was not a date on those
plans.
At the Board's request, Mr. Euel Younts, from the City
Inspection Division, was present and answered questions
regarding his inspection phases. He stated that the
inspections that he had made were in accordance with the
information that he had been presented with as to the
specifics of the proposed development. He answered a number
of questions regarding the storeroom and deck, stating that
he had not seen the plans for the storeroom or the deck. He
said, also, that he had not seen the construction plans, but
only a plot plan.
After these two individuals had made their presentations,
David Henry, an attorney representing opposing neighboring
property owners, asked that his group be allowed to be
heard. His request was denied by the Board, indicating that
the objections the neighbors were raising did not apply to
the question before the Board at this time. It was stated
that the discussion at this particular meeting was to
determine to the best of their ability what had been
approved in July 1978. It was stated that the issue is not
merely the attractiveness of what was constructed, but
rather what had been approved for construction.
After a lengthy discussion, Jerry Wilcox made a motion as
follows: "In the absence of conflicting file drawings and
to clarify the decision today, I move that we accept that
the drawings presented today are what were approved with the
exception of the deck at the 1978 meeting. Further, I move
that the additional encroachment of the deck, that portion
extending past the storage room, be required to be submitted
for consideration at the February meeting as a separate
item." The motion was seconded, and the motion was passed:
5 ayes, 0 noes, 1 absent. Mr. Henry, accepting the denial
to be heard, asked that several of the neighbors be allowed
to give their names for the record. Those persons,
numbering seven, stepped to the microphone and stated their
names and addresses. All of them were within the immediate
-- neighborhood of the Williams property.
January 21, 1980
Item No. 4 - Z-3237 - LANDSCAPE PLAN REVIEW
Owner: Pizza Hut Restaurants
Address: I-30, near MacArthur Park
Staff Recommendation:
Pizza Hut has developed a landscaping proposal for the store
to be located just east of MacArthur Park. The proposal was
submitted to Jerry Wilcox for review as required by previous
Board action. He, in his capacity as Subcommittee Reviewer
on this case, is recommending approval of the plan as
submitted. Staff concurs.
Board Action:
Mr. Wilcox made a brief statement relative to the design
that had been submitted and stated that he felt it was more
than adequate to cover the desires of the Board's earlier
recommendation. He made a motion that the plan be approved.
The motion was passed: 5 ayes, 0 noes and 1 absent.
January 21, 1980
In other business, the Board elected a new Chairman by a
vote of 5 ayes, 0 noes and 1 absent. Jim Summerlin was
elected Chairman to serve for the 1980 term. A new Vice
Chairman will be selected in the February meeting.
There being no further business, the meeting was adjourned
at 3:00 p.m.
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