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boa_04 20 1981LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY AND MINUTE RECORD April 20, 1981 2:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being four in number. II. Approval of the Minutes of the Previous Meeting. Minutes of the previous meeting were approved as mailed out. III. Members Present: Marcelline Giroir, Chairperson Jerry Wilcox Ellis Walton James Summerl in Members Absent: William Ketcher Richard Yada George Wells City Attorney Present: Bob Taylor April 20, 1981 Item No. 1 - Z-3670 Owner: City of Little Rock By: Roy Beard Address: Oakland Fraternal Cemetery Description: Southeast 1/4, Section 11, T-1-N, R-12-W Zoned: "R-3" Single Family Variance Requested: Permission under Section 40-15 and the Code of Ordinances to locate a mobile home for security purposes. Present Use of Property: Cemetery Proposed Use of Property: Same Staff Recommendation: The Cemetery Board is concerned about the rash of vandalism which has occurred on this City property. The proposal is to locate a single mobile home on the property to house a security guard on a 24-hour basis. Staff_ recommends approval. 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: 4 ayes, 0 noes and 3 absent. April 20, 1981 Item No. 2 - Z-3671 Owner: Address: Description: Zoned: Variance Requested: Present Use of Property: Proposed Use of Property: Betty Prousnitzer By: Kenneth Scott 3201 South Elm Street Lots 1 through 7, Block 7, Dickinson Mill Addition "I-2" Light Industrial Relief from Section 7-103.3E to permit a 46 foot front yard encroachment and a 3 foot side yard encroachment. Wholesale distribution facility Same, with truck maintenance capacity Staff Recommendation: The applicant proposes to construct an 810 square foot addition onto an existing industrial building. The location is critical because of the existing configuration of the loading area and the proposed use of the addition. The front of the lots is to Elm Street. Two encroachments are required to complete the project as planned: (1) a front yard encroachment of 46 feet to allow continuation on the existing front wall alignment, and (2) a 3 foot side yard encroachment. The side yard opens to a railroad track. Once again this property is served by a deficient street system, but one cannot expect major street improvements to be required from a small addition such as this. Staff recommends approval. 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: 4 ayes, 0 noes, and 3 absent. April 20, 1981 Item No. 3 - Z-3672-A Owner: City of Little Rock (Airport) Leased to Budget Rent-A-Car of Arkansas, Inc. By: Mike Allwine Address: 4509 East Roosevelt Road Description: Lots 10, 11 and 12, Block 28, Factoria 3rd Addition Zoned: 11I-2" Light Industrial Variance Requested: Relief from Section 8-101-I to permit a partial paving waiver of automobile storage lot. Present Use of Property: Rent-A-Car agency Proposed Use of Property: Same Staff Recommendation: A conversation with James Rogers, Airport Manager, confirmed most of what the applicant had said about the proposal to include this property with the airport expansion in the future. Budgeting considerations have made the timing of the proposal to expand the airport somewhat uncertain, but there seems to be adequate justification for a partial waiver of paving. Staff recommends that the area which is used for vehicle maintenance and cleanup immediately around the structures and gas pumps be paved, and staff recommends that the area to the rear of the structures and the vehicle maintenance area be left unpaved provided that it is used only for storage of vehicles. BOARD ACTION: The applicant was present, and there were no objectors. The applicant stated that he agreed with the staff recommendation to pave the properties used for vehicle maintenance. After a brief discussion, the Board moved to approve the application with the staff recommendation. The motion was passed: 4 ayes, 0 noes and 3 absent. April 20, 1981 Item No. 4 - Z-3673 Owner: Address: Description: Zoned: Variance Requested: Present Use of Property: Proposed Use of Property: Carmo, Inc. By: Hershel Moseley 10100 Mabelvale Pike Long legal "C-4" Open Display Relief from Section 8-101-I to permit a waiver of paving on a bicycle, motocross dirt track Commercial refrigeration business Same, plus the track Staff Recommendation: The ordinance requires that all areas subject to wheeled vehicles be paved. This kind of requirement would be contrary to common sense for a facility of this kind. Staff recommends approval. BOARD ACTION: The applicant was present, and there were several objectors. The applicant made a brief presentation describing the use of the track proposed and stated the safety aspects of wishing to keep the track unpaved. O.R. Blackrock, a neighbor speaking for some of the other neighbors, read a petition in objection to the zoning being requested for the property. The petition had 40 signatures. He stated their feeling that the bicycle racetrack proposed was inappropriate for the location. Another neighbor, Dorothy Clement, spoke in opposition, stating that her husband was a night worker who needed to get his sleep during the daytime and that she felt that this activity would disrupt his ability to get the necessary rest. There were nine present additionally in opposition to the request. After a lengthy discussion, the Board moved to defer the item to May 18 to allow time for the Planning Commission to act on the case. The motion was passed: 4 ayes, 0 noes and 3 absent. April 20, 1981 Item No. 5 - Z-3675 Owner: Address: Description: Zoned: Variance Requested: Present Use of Property: Proposed Use of Property: John T. Miller 812 North Taylor Lots 15 and 16, Block 4, Lincoln Park Addition "R-3" Single Family Relief from Section 7-101.3D to permit a 3 foot rear yard encroachment and a 1 foot side yard encroachment. Single Family Same Staff Recommendation: The proposed encroachment facilitates a major renovation of an aging structure. The 20 foot alley to the rear of the structure provides the additional separation desired by the ordinance. The side yard encroachment will permit the addition to continue the existing side wall alignment. Staff recommends approval. 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: 4 ayes, 0 noes, and 3 absent. April 20, 1981 Item No. 6 - Z-3677 Owner: Address: Description: Zoned: Variance Requested: Present Use of Property: Proposed Use of Property: Roger and Marilyn Baker 6713 Hawthorne Road Lot 80, Westover Hills Addition "R-2" Single Family Relief from Section 5-101F-2B to permit reduction of separation between a residence and accessory building to 2.5 feet. Single Family Same Staff Recommendation: Were the applicant to construct a proposed addition so that it connected with the accessory building, there would be no issue at all. The accessory structure sits well away from all property lines. Staff recommends approval. 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: 4 ayes, 0 noes, and 3 absent. April 20, 1981 Item No. 7 - Z-3678 Owner: Address: Description: Zoned: Variance Requested: Present Use of Property: Proposed Use of Property: Rev. and Mrs. Warren Crews 5408 Centerwood Road Lot 93, Prospect Terrace, Second Addition "R-2" Single Family Relief from Section 7-101.2D to permit reduction of side yard to 2.8 feet for an open carport. Single Family Same Staff Recommendation: This proposal involves a two-story addition onto the rear of the existing two-story house. The present one-story addition on the rear of the house will be reconstructed into the two-story configuration and expanded rearward. The variance issue arises out of the desire to construct an attached open carport. An on -site inspection shows sufficient clearance to adjacent structures and so long as the carport remains open, no harm should occur. Staff recommends approval. 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: 4 ayes, 0 noes and 3 absent. April 20, 1981 Item No. 8 - Z-3619-A Owner: W.A. Jones By: Mike Coulson Address: I-30 and County Line Road Description: Long legal Zoned: "C-4" Open Display, Variance Requested: Relief from Section 7-103.4E to permit a front yard encroachment of 25 feet. Present Use of Property: Vacant Proposed Use of Property: Gas Station Staff Recommendation: The ordinance requires a 45 foot front yard setback in the "C-4" District designed to provide plenty of clearance for highway traffic. However, the excessive rights -of -way associated with the interstate route system, seems to eliminate this need on this property. With all access controlled by the Arkansas Highway Department, a setback of 60 feet from the near edge of the frontage road pavement seems adequate. Staff recommends approval. 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: 4 ayes, 0 noes, 3 absent. April 20, 1981 Item No. 9 - Z-3661 Owner: Address: Description: Zoned: variance Requested: Present Use of Property: Proposed Use of Property: Jane Kizziar By: Bob Bland 2005 Gunpowder Road Lot 72, Phase 2, Sturbridge Subdivision "R-2" Single Family Relief from Section 7-101.2 to permit a 10 foot rear yard encroachment. Single Family Single Family Staff Recommendation: Subsequent to the filing of this request, the applicant learned of two Bill of Assurance problems which preclude the proposed development. She has requested deferral to April 20, 1981, to allow time to seek a solution to those problems. The applicant, subsequent to the last meeting, investigating the Bill of Assurance problems further, has decided to withdraw her application for a variance. Staff recommends that withdrawal be granted without prejudice, which would allow her to file at a later date if she so desires. BOARD ACTOIN: The Board accepted the request .for withdrawal of this item and stated the applicant would be allowed to refile at any time in the future if it was desired. The motion was passed: 4 ayes, 0 noes and 3 absent. April 20, 1981 There being no further business, the meeting adjourned at 2:40 p.m. Date: Chairman ec r