boa_07 20 1981LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY AND MINUTE RECORD
July 20, 1981
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.
The Minutes of the June Board of Adjustment Meeting
were approved as mailed out.
III. Members Present: William Ketcher, Vice -Chairman
Jim Summerlin
Richard Yada
George Wells
Ellis Walton
Members Absent: Marcelline Giroir, Chairperson
Jerry Wilcox
City Attorney
Present: Carolyn Witherspoon
July 20, 1981
Item No. 1 - Z-3715
Owner: John Thomas
Address: #2 Berrywood Circle
Description: Lot 26, plaza Terrace Addition
Section 1
Zoned: "R-2" Single Family
Variance
Requested: Relief from Section 7-101.2 to permit a
rear yard of 15 feet for a room addition
Present Use of
Property: Single Family
Proposed Use of
Property: Same
Staff Recommendation:
The applicant wishes to enclose an area now used for a
patio. The variance is required due to the fact that no
provision is made for those lots where 25 feet of setback is
required on two street frontage sides. This problem is
under consideration for change in an amendment package to be
sent to the Planning Commission shortly. However, the
present regulations would require a 25 foot setback in this
yard.
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 requested. The motion was passed - 5 ayes,
0 noes and 2 absent.
July 20, 1981
Item No. 2 - Z-3712
Owner: Joe DeSalvo
Address: 1308 Old Forqe Drive
Description: Lot 2B-R, Replat of Lot 2B,
Old Forge Addition
Zoned: "C-3" General Commercial
Variance
Requested: Relief from Section 7-103.3 to permit a
ten foot side yard next to a residential
use
Present Use of
Property: Vacant
Proposed Use of
Property: Car wash
Staff Recommendation:
The applicant proposes to encroach in the required setback
by five feet. A commercial district requires a 15 foot
setback next to a residential use. The adjacent property is
used for a driveway and parking which serves an apartment
complex and the structural relationships are virtually
nonexistent. There is nearly 100 feet between the proposed
development on this lot and the apartments to the north.
Staff recommends approval.
BOARD ACTION:
The applicant was present. There was no objectors. After a
brief discussion, the Board moved to approve the application
as filed. The motion was passed - 5 ayes, 0 noes and
2 absent.
July 20, 1981
Item No. 3 - Z-3714
Owner: Tommy Atkins
Address: 208 Brookside Drive
Description: Lot 18, amended plat of Section 2,
Brookfield Addition
Zoned: "R-2" Single Family
Variance
Requested: Relief from Section 7-101.2 to permit a
one foot side yard setback for an open
carport
Present Use of
Property: Single Family
Proposed Use of
Property: Same
Staff Recommendation:
The applicant wishes to erect a cover over an existinq paved
parking stall. This cover would be supported by three or
four posts placed along the southern boundary of the parking
area. A part of the reason for seeking this cover is to
correct a long standing water problem which can best be
described by the applicant.
Staff sees no harmful impacts upon the neighbor to the south
and recommends approval.
BOARD ACTION:
The applicant was present, and there were no objectors.
After''a brief discussion, the Board moved to approve the
application with the provision that the carport is to remain
open. The motion was passed - 5 ayes, 0 noes and 2 absent.
Julv 20, 1g81
Item No. 4 - Z-3570-A
Owner: Coulson Oil Company
By: Mike Coulson
Address: 7400 Cantrell
Description: Lot U, Kingwood Place (long legal)
Zoned: "C-4" Open Display
Variance
Requested: Relief from Section 7-103.4 to permit a
15 foot front yard and 28 foot exterior
side yard
Present Use of
Property: Gas station
Proposed Use of
Property: Same (remodel)
Staff Recommendation:
The applicant intends to remodel an existing service station
facility. The remodeling will involve the replacement of
the existing canopy over the pump islands and the new
structure will be significantly taller than the present
canopy, thereby reducing the visual encroachment.
Staff recommends approval.
BOARD ACTION:
The applicant was present, and there were no objectors.
There was a lengthy discussion regarding the canopy proposed
for the service station, and the Board decided that it
wanted to look at some similar installations around the City
to determine just exactly what impact would occur by the
proposed setback. The Board also requested that the
applicant provide them with a drawing showing the elevations
of the proposed structure before the meeting in August, and
the Board moved to defer the item to the August 17 Board of
Adjustment meeting. The motion was passed - 5 ayes, 0 noes
and 2 absent.
July 20, 1981
Item No. 5 - Z-3729
Owner:
Address:
Description:
Zoned:
Variance
Requested:
Present Use of
Property:
Proposed Use of
Property:
John A. and Debra S. Wooley
2100 North Palm
Lot 1, Block 5
Country Club Heights Addition
"R-2" Single Family
Relief from Section 7-101.2 to permit a
three .foot side yard and a 12 foot rear
yard for an attached carport
Single Family
Same
Staff Recommendation:
The applicant wishes to construct an open carport on the
rear of the house. As a hardship, the applicant cites
easements, steepness of south side, lack of alternative
space and location of existing trees. No apparent hardship
to neighboring properties will result from this proposal.
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 - 5 ayes,
0 noes and 2 absent.
,7uly 20, 1981
Item No. 6 - Z-3733
Owner:
Address:
Description:
Zoned:
Variance
Requested:
Present Use of
Property:
Proposed Use of
Property:
Welton Riddle
2800 Gaines Street
Lot 12, Block 13
Kimball South Park Addition
11R-4" Two Family
Relief from Section 5-101-f2 to permit
45 percent rear yard coverage and no
side yard setback for an accessory
building
Single Family
Same
Staff Recommendation:
The applicant wishes to construct a two -car garage on the
rear of the property using an existing concrete pad.
Driveway_ access will take place from 28th Street. At issue
here is a rear vard coverage and the setback from the north
property line.
Regarding coverage, if the same size structure were moved a
few feet towards the house, enough of the structure would be
outside of the required rear yard, that no issue would
exist, and yet, the practical effect upon open space would
be the same.
Having no setback on the 28th Street site would in no way
violate the purpose of the accessory building setback
requirements. Sufficient separation between structures
would be afforded by this location.
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 - 5 ayes,
0 noes and 2 absent.
July 20, 1981
Item No. 7 - Z-3730
Owner: Benton Salvage
By: Peggy Gathwright
Address: 3400 Maple Street
Description: Long legal
Zoned: "I-3" Heavy Industrial
Variance
Requested: Permission under Section 40-15 of the
City Code to locate a mobile home for
security purposes on an industrial site
Present Use of
Property: Industrial
Proposed Use of
Property: Same
Staff Recommendation:
The applicant has had trouble with vandalism, stealing and
break-ins and is requesting permission to locate a mobile
home to serve as a residence for a security guard. The
property is highly isolated and the location of the mobile
home should produce no effect on any neighboring property
owner.
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 - 5 ayes,
0 noes and 2 absent.
July 20, 1981
Item No. 8 - Z-3301-A
Owner: Markham Inn
By: Robert J. Bailey
Address: 5120 West Markham
Description: Lonq Leqal
Zoned: "C-3" and "R-3"
Variance
Requested: Relief from Section 7-103.3 to permit
side and rear yard waivers.
Present Use of
Property: Motel
Proposed Use of
Property: Motel
Staff Recommendation:
Proposed development will require a franchise from the Board
of Directors. This has been requested. This variance
request will permit a scaled -down addition similar to one
approved by the Board of Adjustment approximately two years
ago. The proposed setbacks will produce no hardship on any
other land use relationship. Staff recommends approval.
BOARD ACTION:
The applicant was present, and there were no objectors.
There was a lengthy discussion of the proposed development
and the setback variances required. After the discussion,
the Board moved to approve the variances requested subject
to the approval of the franchise for construction over the
alley by the Board of Directors. The Board stated that
failure to approve the franchise would require the applicant
to return to the Board of Adjustment for further.
consideration. The motion was passed - 5 ayes, 0 noes and
2 absent.
July 2.0, 1981
Other Matters
In other action, the Board dealt with a request from C.R.
International, Inc. that a previous approval on Item Z-3237
for the Pizza Hut Restauraut located at 9th Street and I-30
be modified to eliminate the seven -foot height limitation on
outdoor lighting. Robert B. Peterson, vice-president of CB
International had written stating that over the past several
months the company had run into severe problems with armed
robberies because in part to security problems created by
the location of the _lighting. He stated in his letter that
they are working with the neighbors and the Police
Department to try to come to some reasonable compromise on
the lighting, stating that they would in fact be certain
that the security liqhts would not shine directly into the
living quarters of the neighborinq residents. After
consideration of the matter, the Board moved to modify the
height limit previously attached to the approval of the
variance in such a way that there is no specific limit on
the height of the lighting, but that said ultimate height
would be limited to that agreed upon by the neighbors, the
applicant and the Police Department and subject to review by
Jerry__ Wilcox who will represent the Board of Adjustment in
this issue as a committee of one to oversee the approval.
The motion was passed - 5 ayes, 0 noes and 2 absent.
In another matter, staff had asked that the Board look at
the "C-3" General Commercial District and clarify a problem
which seemed to have been ignored by the Ordinance; that is,
properties in Little Rock which had previously had both
commercial and residential uses in the same structure are
now given the appearance of beinq prohibited by the "C-3"
General Commercial District because of the prohibition of
single family residential use in that zoning classification.
Staff stated that it was believed that this prohibition was
meant to protect commercial properties from development by
residential uses but that it was not intended to prohibit
all residential use within the property. After several
minutes of discussion, the Board moved to interpret the
Ordinance section on "C-3" General Commercial permitted uses
as meaning that single family residential use is prohibited
as a primary land use, but it is not construed to prohibit
residential use as secondary land use within the same
structure. That was passed - 5 ayes, 0 noes and 2 absent.
There being no further business the meeting was adjourned at
3:35 p.m.
Date
Chairman
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