boa_06 15 1981LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY AND MINUTE RECORD
June 15, 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 were approved as mailed out.
III. Members Present: Marcelline Giroir, Chairperson
Jim Summerlin
William Ketcher
Ellis Walton
Jerry Wilcox
Members Absent: Richard Yada
George Wells
City Attorney Present: Lester McKinley
June 15, 1981
Item No. 1 - 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
"R-2" Single Family
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 applicant in this case has completed the action through
the Little Rock Planning Commission. The Planning
Commission failed to approve the request to rezone this
property from "R-2" Single Family to "C-4" Open Display, and
as a result the applicant will not be permitted to construct
the race track that was proposed and was the subject of this
variance request. On the basis of this information, Staff
recommends that the Board simply withdraw this application
from its Agenda with the proviso that the applicant may
refile at a later date if required.
Board Action:
The Board formally withdrew this application from this
agenda with the provision that the applicant may refile at a
later date if necessary. The motion for withdrawal was
passed: 5 ayes, 0 noes, 2 absent.
June 15, 1981
Item No. 2 - Z-3698-A
Owner: Calvary Baptist Church
By: Ralph Cloar, Jr.
Address: No address
Description: Block 11, Mountain Park Addition
Zoned: "R-2" Single Family (110-1" Quiet
Office requested)
Variance
Requested: Relief from Section 7-102.1D to
permit five-foot setbacks on Pierce
and Fillmore Streets
Present Use of
Property: Single Family
Proposed Use of
Property: Church and related facilities
Staff Recommendation:
The applicant has submitted the necessary site plans for
review by Staff and the Planning Commission. These plans
will be sent along with this agenda to the Board of
Adjustment. Staff is satisfied that the applicant has
provided the necessary information and is also satisfied
that the proposed development warrants the variances being
requested at this time. Staff recommends approval of the
two front yard variances being requested.
Board Action:
The applicant was present, and there were no objectors.
Staff went over the development plan with the Board of
Adjustment and the applicant made a number of comments.
After a brief discussion, the Board moved to approve the
variance as requested. The motion was passed: 4 ayes,
0 noes, 2 absent and 1 abstention (Jim Summerlin abstained).
June 15, 1981
Item No. 3 - Z-1937-B
Owner: Greater Paradise Baptist Church
By: Rev. Jerry Black
Address: 12th and Johnson Streets
Description: Lots 4, 5 and 6, Block 12, Jones and
Worthen Addition
Zoned: "0-3" General Office
Variance
Requested: Relief from Section 8-101 to waive all
required parking
Present Use of
Property: Church
Proposed Use of
Property: Church
Staff Recommendation:
This application is a continuation of an earlier variance
request from the church. The original issue dealt with the
construction of a larger sanctuary, and this request deals
with the desire to eliminate any additional parking
requirement which would be brought about by the increased
seating capacity of the sanctuary.
Although the present parking for the church is located
off -site, which is in conflict with the Zoning Ordinance,
there appears to be no possibility of providing on -site
parking for the church without the church being able to
acquire land on several surrounding lots. Staff cannot
support a waiver of any parking of this magnitude, and the
Staff recommends denial.
Board Action:
The applicant was present, and there were no objectors.
There was a lengthy discussion about the parking issue
relating to this case. Several attempts were made to come
to some reasonable solution. The Board made a motion to
appoint a committee of its members to work with the church
and staff to try to work out some reasonable solution to the
parking problem. A motion to appoint the committee and to
defer the matter was passed: 5 ayes, 0 noes, 2 absent.
Jim Summerlin and Jerry Wilcox volunteered to work on the
committee.
June 15, 1981
Item No. 4 - Z-3301-A
Owner: Markham Inn
By: Robert J. Bailey
Address: 5120 West Markham
Description: Long Legal
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 was one objector.
There was a lengthy discussion about this variance and the
variance which had been received earlier by the same
applicant. After a lengthy discussion, the Board moved to
defer consideration of this matter for a period of one month
in order that the applicant have time to submit more
complete plans on this proposed development. That motion
was passed: 5 ayes, 0 noes, 2 absent.
June 15, 1981
Item No. 5 - Z-3708
Owner:
Address:
Description:
Zoned:
Variance
Requested:
Present Use of
Property:
Proposed Use of
Property:
Chester M. Hall
3009 South Elm Street
Lots 1 through 6, Block 6, Dickinson
Mill Addition
"I-2" Light Industrial
Relief from Section 7-104.2E to permit a
a 13-foot south side yard encroachment
and a 10-foot front yard encroachment.
Industrial
Industrial
Staff Recommendation:
The applicant intends to add onto an existing industrial
building and locating the addition on this end of the
building is required because operating requirements involve
the use of an overhead crane. This crane cannot feasibly be
relocated to accommodate another expansion site, and there
are no adverse land use relationships requiring any
additional setback from 31st Street. 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, 2 absent.
June 15, 1981
Item No. 6 - Z-3704
Owner:
Address:
Description:
Zoned:
Variance
Requested:
Present Use of
Property:
Proposed Use of
Property:
Race Trac Petroleum Company
By: Phil Norris
8000 Geyer Springs Road
Track B-1, Marvin Bass Industrial Acres
"I-2" Light Industrial
Relief from Section 7-104.2 to permit an
addition onto an existing structure.
Gas Station
Gas Station
Staff Recommendation:
The applicant proposes to construct an addition onto an
existing nonconforming building for the purpose of providing
rest room facilities. The addition will maintain the
alignment of the existing building and no hardship upon any
other owner will result. 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, 2 absent.
June 15, 1981
Item No. 7 - Z-3706
Owner:
Address:
Description:
Zoned:
variance
Requested:
Present Use of
Property:
Proposed Use of
Property:
Ellis M. James, Jr.
By: Chuck Helgeson
5808 West 51st Street
Lot 13, Honeysuckle Hill Subdivision
"R-2" Single Family
Relief from Section 7-101.2D to permit a
16-foot rear yard encroachment.
Single Family
Single Family
Staff Recommendation:
The applicant proposes an addition to an existing house.
The development potential of the lot is impacted by platted
building lines on both street frontage sides of the lot.
The proposed addition should produce no hardship upon any
other neighboring 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, 2 absent.
June 15, 1981
Item No. 8 - Zoning Ordinance Interpretation
Request:
Section 4-103F of the Zoning Ordinance states that the
Planning Commission shall not [approve] a site plan which
"does not comply with the minimum height and bulk and area
or density regulations applicable to the zoning
classification for which the site plan has been requested"
(Page 43).
There is not a clear opinion among Staff regarding this
statement's meaning. Two interpretations seem possible as
follows:
1. That it means that the Planning Commission does
not have the authority to permit less than
required setbacks, higher densities or height
variances.
2. That no site plan can be approved which requires
variance from standards of the ordinance.
Explanation:
If the first interpretation is correct, then it simply means
that an applicant must receive approval from the Board of
Adjustment prior to incorporating some variance into a site
plan to be approved by the Planning Commission. It means
that the Planning Commission has no special powers granted
to it under the site plan review procedures, which it does
not have under the other sections of the ordinance, thereby
preserving the authority of the Board of Adjustment granted
under Section 3-101.
The second interpretation would eliminate all possibility of
approving site plans designed to deal with problem
locations, topography or uses. This interpretation would
seem to undermine the purpose of site plan review.
Staff Recommendation:
Staff recommends that this paragraph of Section 4-103F be
interpreted to mean that the Planning Commission is
prohibited from granting variances in conflict with
provisions of Section 3-101, but that it is possible for the
Board of Adjustment to grant such variances as warranted,
using the authority granted to them under Section 3-101.
June 15, 1981
Item No. 8 - Continued
Board Action:
There was considerable discussion about this Zoning
ordinance interpretation. After a full explanation of the
issues by Staff and the City Attorney, the Board moved to
follow the Staff recommendation thereby interpreting
paragraph 4-103F to mean that the Planning Commission is
prohibited from granting variances under the site plan
review process, but the paragraph does not prohibit an
applicant from seeking a waiver from the Board of Adjustment
on a project for which site plan review is required. That
motion was passed: 5 ayes, 0 noes, 2 absent.
June 15, 1981
Item No. 9 - Z-3709
Owner: Pleasant Valley, Inc.
By: Sharon Cain
Address: Tract E-2, Riverdale Addition
Description: Long Legal
Zoned: "0-2" Office and Institutional
Variance
Requested: Relief from Section 7-102.2 to permit a
35-foot setback on a 95-foot tall
building.
Present Use of
Property: Vacant
Proposed Use of
Property: Office
Staff Recommendation:
The applicant plans to construct a seven -story office
building which will serve as the headquarters for the Allied
Telephone Company. This project is to be accomplished under
Act 9 Bonds, which have been approved by the Little Rock
Board of Directors.
The variance issue results from the long range plan for the
development of this property. Tract E-2 represents one-half
of the total property proposed for development by Allied.
The company has an option on a tract immediately to the
southeast, and it is proposing that a second matching office
building be constructed on that tract later and then, that
the two buildings be attached to result in one large
building containing two office towers.
Once completed, the resulting development would have more
than required setback from all property lines, but the
financing arrangements preclude construction of the entire
project at this time, or the inclusion of the second lot in
this present phase. There seems to be no public interest in
requiring the extra setback for this project.
Staff recommends approval.
June 15, 1981
Item No. 9 - Continued
Board Action:
The applicant was present and presented a site plan for this
development and explained the specifics of the proposal and
the need for the variance. There were no objectors. After
a brief discussion, the Board moved to approve the
application as filed. A motion was passed: 5 ayes, 0 noes,
2 absent.
June 15, 1981
Item No. 10
Request:
Staff has received a letter from Mr. and Mrs. Floyd Dean,
who received a variance to build a carport on their
residence at 2221 Howard Street, on July 21, 1980. In the
letter, Mr. and Mrs. Dean state that the high interest rates
and the cost of construction have forced them to delay their
plans for construction for at least this year. They have
requested that an extension of the variance granted be
provided for that same period.
Staff Recommendation:
Staff recommends that the variance be extended for
Mr. and Mrs. Dean for a period of one year. This would mean
that between now and July 31, 1982, construction permits
could be granted, using this variance.
Board Action:
Staff explained what had occurred relative to this earlier
variance request (reference zoning case file Z-3512), and
the Board moved to approve an extension of the variance
approval for a period of one year. A motion was passed:
5 ayes, 0 noes, 2 absent.
June 15, 1981
There being no further business, the meeting was adjourned
at 3:00 p.m.
Date:
Chairman_________._._._______ S cre�ar r