boa_03 16 1981LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY AND MINUTE RECORD
MARCH 16, 1981
2:00 P.M.
I. Roll Call and Finding of a Quorum
A quorum was present, being six 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
George Wells
William Ketcher
Jim Summerlin
Ellis Walton
Members Absent: Richard Yada
City Attorney
Present: Bob Taylor
March 16, 1981
Item No. 1 - Z-3649-A
Owner: Joe Anderson
Address: 2318 Wright Avenue
Description: East 60' of the south 100' of the west
150' of Block 22, Park Addition
Zoned• "R-5" Urban Residence
Variance
Requested: (1) Relief from Section 7-101.7D to
permit a 20' encroachment into the
rear yard.
(2) Relief from Section 8-101-B to
permit parking in the front yard.
Present Use of
Property: Vacant
Proposed Use of
Property: 4-unit Apartment
Staff Recommendation:
The property at present is zoned "C-3" General Commercial,
and under a separate action it will be downzoned to "R-5" as
per the conversion strategy in the new Zoning Ordinance.
Under the old ordinance, the applicant could have
constructed as proposed with little or no need of variance.
The proposed construction requires a reduction of the rear
yard from 25' to 5' and it further requires a waiver of
Section 8-101 to permit front yard parking. Were the
property to be developed for commercial use, parking would
be allowed in the front yard as a matter of right.
Staff recommends approval.
Board Action:
The applicant was present and there were three objectors.
The applicant told the Board of his intentions to construct
an apartment on the property and claimed that he would like
the proposed encroachments into the rear yard so that he
could have adequate and safe parking for the residents of
March 16, 1981
Item No. 1 - Continued
the apartment building. Ben
representing the objectors, p
of God, showed some pictures
cited the substandard size of
to be an unreasonable density
cited a fire hazard potential
front yard would be a hazard
situation on Wright Avenue.
Rowland, an attorney
rincipally the Trinity Church
that were taken of the site and
the lot and what they believed
proposed for the property. He
and stated that parking in the
relative to the traffic
There was another objector, Mr. Wilkerson, who cited the
crime problems in the area, principally vandalism and theft
of things from the parking lot of the church, and the pastor
of the church, Dewey Hill, stated that they foresaw a
too high density for the proposal. The applicant, Mr.
Anderson, stated that what was proposed was four -unit
efficiency apartments with approximately 510 square feet per
unit.
After a lengthy discussion, the Board moved to approve the
application as filed, and the motion was passed: 6 ayes,
0 noes and 1 absent.
March 16, 1981
Item No. 2 - Continued
Board Action:
The applicant was present and there were no objectors. The
applicant told the Board of the confusion that had come
about relative to this issue, stating that they thought that
they had the necessary approvals for what they were
proposing from the last meeting. He stated that there would
be 11,400 square feet of retail and office space on the
property and that deliveries would be received off the Palm
Street side.
After a brief discussion, the Board moved to approve the
application as filed. The motion was passed: 5 ayes,
0 noes, 1 absent and 1 abstension (Wilcox abstained).
March 16, 1981
Item No. 2 - Z-3483-A
Owner: Kavanaugh Development Company
By: Wally Loveless
Address: 2821 Kavanaugh
Description: West 54 feet of Lot 1, Block 36
Pulaski Heights Addition
Zoned: "C-3" General Commercial
Variance
Requested: (1) Relief from Section 7-103.3D to
permit waiver of all yard
requirements.
(2) Relief from Section 8-101 to waive
all parking requirements.
Present Use of
Property: Vacant
Proposed Use of
Property: Office/Commercial
Staff Recommendation:
This is a reconsideration of a previously approved variance
request. At the time of the original request, it was
expected that the old foundation of the building destroyed
by fire could be used. A structural analysis revealed that
while the foundation walls were satisfactory, the footings
were insufficient to handle the loading requirements of the
new building. Therefore, all previous existing structural
elements have been removed.
The applicant states that the intention has always been to
erect a building (two-story with basement) which would have
a cantilevered projection to the rear property line. The
original application did not include a drawing of the
proposed structure so this was not evident to staff at that
time. No mention of this recollected by staff. Another
problem arose with the original approval in that the legal
description furnished with the application was incorrect.
Therefore, there would be some question as to whether the
first variances granted would apply to this property.
Staff recommends that a waiver of the yard requirements as
requested be granted and that all parking be waived. This
is an addition to the original waiver request granted for
the yard setback and a reaffirmation of the parking variance
granted in the previous action.
March 16, 1981
Item No. 3 - Z-3657
Owner: Tri-State Thermoking of Arkansas
By: O.C. Crain
Address: 4726 Thibault Road
Description: Long Legal
Zoned: 11I-3" Heavy Industrial
Variance
Requested: Relief from Section 8-101.I to waive
paving of the areas to be used for
storage of vehicles awaiting
maintenance.
Present Use of
Property: Industrial
Proposed Use of
Property: Industrial
Staff Recommendation:
The applicant seeks to leave a portion of the property used
for temporary storage of vehicles (primarily trailers)
awaiting repairs unpaved. The area is fenced as shown in
the graphic and provides a reasonably safe area in which to
store customers' vehicles during the time necessary to
perform the service or installation of refrigeration
equipment.
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: 6 ayes,
0 noes and 1 absent.
March 16, 1981
Item No. 4 - Z-3687
Owner:
Address:
Description:
Zoned:
variance
Requested:
Present Use of
Property:
Proposed Use of
Property:
Computronics, Inc.
By: Dewey Pique
6025 Mitchell Drive
Lot 16, Eagle Commercial Subdivision #3
"I-2" Light Industrial
Relief from Section 7-104.2E to permit a
14 foot rear yard encroachment.
Office (under construction)
Office
Staff Recommendation:
The applicant is renovating an abandoned restaurant. The
proposed addition will provide office space, while the
existing structure will have the computer equipment. The
existing configuration of the present building prompts the
request. There is a private drive located just south of the
property which serves as an egress point for the Worthen
Bank on Geyer Springs Road to the east, but there is no
access to this drive from this property.
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: 6 ayes,
0 noes and 1 absent.
March 16, 1981
Item No. 5 - Z-3659
Owner:
Address:
Description:
Zoned:
Variance
Requested:
Present Use of
Property:
Proposed Use of
Property:
Little Rock Municipal Water Works and
George L. Cook
Northeast Corner of Martin and "I"
Streets
Long Legal
"C-3" General Commercial and
"R-2" Single Family
(1) Relief from Section 7-101.7 to
permit a 12 foot encroachment into
a required front yard.
(2) Relief from Section 8-101-H to
permit location of parking on the
adjacent property.
Vacant
Multifamily (60 units)
Staff Recommendation:
The applicant has an agreement with the water utility to
purchase a perpetual right to use the north 80 feet of the
Water Works property for parking. This 80 foot strip of
land coincides with an existing AP&L easement, and the
applicant has worked out the right with AP&L to share use of
the property. This property is zoned "R-2" Single Family;
and to be used without being zoned "R-5" Urban Residence, a
variance from Section 8-101-H must be granted. The
agreement with the Water Works is contingent upon positive
action by the Board of Adjustment. At the meeting of the
Water Commission on January 30, 1981, a motion was passed
which requested the Little Rock Board of Directors to grant
the required easement. The $85,000 to be paid for the
easement is to be used in the construction of a proposed
Heights/Hillcrest Handicapped Pathway to be constructed at
Ozark Point.
March 16, 1981
Item No. 5 - Continued
The second issue relating to this project is in the need for
a front yard setback variance of 12 feet. Martin Street
physically terminates at "I" Street and will likely never be
further developed to the north, and the developer would like
to construct within 38 feet of the center line of that
street right-of-way. The applicant is discussing closure of
Martin Street right-of-way and if this were to be
accomplished, the setback variance would not be required.
Further checking with the water utility shows that the Water
Commission is waiting for Board of Adjustment approval
before sending its resolution requesting the granting of the
easement to'the Board of Directors. Staff understands that
there is interest at the Board of Directors level that the
Board of Directors consider the easement question prior to
Board of Adjustment action. Regardless of the above, staff
feels this is an appropriate use of the property and that
significant public benefit will be derived from the
project.
Board Action:
The applicant was present and was represented by David
Henry, who gave a lengthy presentation showing enhanced site
and landscaping plans and pictures of the AP&L easement,
which is being proposed for the parking use. Also speaking
in favor of the application was Jack East, who is Executive
Director of the American Amputee Foundation. He stated that
the Foundation felt that the approval would go a long way
toward providing the necessary recreation facilities for
handicapped people and because of that the proposal should
be approved.
There were approximately 21 objectors present, represented
by A.M. "Sandy" Keith. Of the 21 present besides Mr.
Keith, nine persons spoke in opposition. There were
petitions filed which contained 75 signatures of neighbors
who are opposed to the proposed development. Principally,
their concerns revolve around private use of public land for
private gain and access problems, citing the narrowness of
Martin Street and its poor condition. They cited, in
addition, that occasionally when it snowed people were
required to park near the bottom of Martin Street hill
because they were unable to get to the top, and that this
would burden the neighborhood and create additional traffic
hazards for the neighborhood. They cited that tax payers
might at some point in the future be required to fund an
upgrade of the street system in the area to handle the
proposed project. A number of residents spoke in
opposition, primarily restating earlier issues that had been
raised by other spokespersons.
March 16, 1981
Item No. 5 - Continued
Mr. Henry discussed each of the major issues that had been
raised, specifically traffic access and public land for
private use. He presented the Board with a letter from
Ernie Peters, Traffic Engineer with PAWA, Inc., which
compared traffic counts on similar width streets. He spoke
of access issues and discussed briefly the notion of public
land which is presently being used for private purposes. He
also introduced the landscape architect for the project, who
gave a brief presentation on the landscaping plan.
After a lengthy discussion, the Board moved to approve the
application as follows: There was a motion which denied the
12 foot front yard encroachment but approved the location of
the parking on the Waterworks property in the "R-2"
District. The motion was passed: 6 ayes, 0 noes and 1
absent.
March 16, 1981
Item No. 6 - Z-3661
Owner: Jane Kizziar
By: Bob Bland
Address: 2005 Gunpowder Road
Description: Lot 72, Phase 2, Sturbridge Subdivision
Zoned: "R-2" Single Family
Variance
Requested: Relief from Section 7-101.2 to permit a
10 foot rear yard encroachment.
Present Use of
Property: Single Family
Proposed Use of
Property: 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.
Staff recommends deferral.
Board Action:
The Board moved to defer this case to the April 20, meeting.
The motion was passed: 6 ayes, 0 noes and 1 absent.
March 16, 1981
Item No. 7 - Z-3663
Owner: Dink, Inc.
By: Herbert Storthz
Address: 5707 Forest Place
Description: Long Legal
Zoned: "MF-12" Multifamily
Variance
Requested: Relief from Section 7-101.5 to permit a
3.71 foot side yard encroachment.
Present Use of
Property: Single Family
Proposed Use of
Property: Single Family
Staff Recommendation:
The applicant has constructed a single family dwelling which
encroaches into a required 10-foot side yard and a utility
easement. The applicant is pursuing the required approvals
from the utility companies for use of the easement, but a
zoning variance is required for the basic yard
encroachment.
Staff recommends that the lot either be platted as a single
lot containing three dwellings or be platted into two lots
(one with a duplex and the other with the single family
dwelling), and with one or the other of the above conditions
that the variance be approved.
Board Action:
The applicant was present and there were no objectors.
After a brief discussion, the Board moved to approve the
variance requested, with the condition that the lot be
platted as recommended by staff. The motion was passed:
6 ayes, 0 noes and 1 absent.
March 16, 1981
Item No. 8 - Z-3664
Owner: Mr. and Mrs. L.A. Ratley
Address: 5309 Centerwood Road
Description: East 62 feet of Lot 104, Prospect
Terrace Addition
Zoned: "R-2" Single Family
Variance
Requested: Relief from Section 7-101.2 to permit a
7 foot encroachment into a required rear
yard.
Present Use of
Property: Single Family
Proposed Use of
Property: Single Family
Staff Recommendation:
The applicant states that Mr. Ratley has suffered heart
condition which precludes his continued use of the second
floor bedroom. The proposed addition will permit location
of a new bedroom on the ground floor. Alternate
configurations of the proposed addition would require the
removal of two large mature trees, one on either side of the
proposed addition.
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: 6 ayes,
0 noes and 1 absent.
March 16, 1981
Item No. 9 - Z-3666
Owner: Fowler Fast Foods
By: Bill Lane, AIA
Address: 5110 West Markham Street
Description: Lot 10, Block 7, Pfeifer's Addition and
Lot 11 of a resubdivision of Lots 11
through 16, Block 7, Pfeifer's Addition
Zoned: "C-3" General Commercial
Variance
Requested: Relief from Section 8-101 to waive six
parking spaces and to reduce the width
of the parking spaces to 8.95 feet.
Present Use of
Property: Kentucky Fried Chicken Restaurant
Proposed Use of
Property: Kentucky Fried Chicken Restaurant
Staff Recommendation:
The proposed addition to the existing Kentucky Fried Chicken
Restaurant would under the ordinance specifications require
an additional ten parking spaces at the rate of one space
per 100 square feet of gross floor area. The applicant
states that the business does not require that much parking
and that additional parking is not available.
Staff recommends approval.
Board Action:
The applicant was present and there was one objector. The
objector spoke in opposition to the request on the basis of
a sewer problem which she has been having for some time.
The Board of Adjustment told the objector, Ms. Mary Powell,
that they were not empowered to deal with the sewer issue,
and that the subject of the hearing was the parking variance
being requested.
After some further discussion, the Board moved to approve the
application as filed. The motion was passed: 6 ayes,
0 noes and 1 absent.
March 16, 1981
Item No. 10 - Z-3653-A
Owner: Frank B. Whitbeck
Address: Southeast Corner of Cantrell Road and
North Street
Description: Lot 6, Block 361, J.H. Morley's
Subdivision
Zoned: 110-3" General Office
Variance
Requested: Relief from Section 7-103.3 to permit 20
foot front yard and 25 foot side yard
encroachments.
Present Use of
Property: Outdoor Advertising
Proposed Use of
Property: Outdoor Advertising
Staff Recommendation:
The applicant wishes to replace an existing billboard with a
new structure in the same location. No adverse impacts on
neighboring property is seen by staff.
Staff recommends approval.
Board Action:
The applicant was present and there were no objectors.
After a lengthy discussion, the Board moved to approve the
application as filed. The motion failed on a vote of
3 ayes, 1 no, 2 absent and 1 abstension (Ketcher abstained).
The application was declared to have been denied.
March 16, 1981
Item No. 11 - Z-3608-B
Owner: St. Paul Baptist Church
By: Luther Jeffery, Pastor
Address: 2603 Commerce Street
Description: Lots 1, 2 and 3, Block 4
Pettifer's Addition
Zoned: "C-3" General Commercial and
"0-1" Quiet Office
Variance
Requested: Relief from Section 7-102 and Section
7-103 to permit a 19 foot encroachment
into the rear yard.
Present Use of
Property: Church
Proposed Use of
Property: Church (new construction)
Staff Recommendation:
This variance will permit construction of the new church
with less disruption to the existing structure. No adverse
impacts on the neighboring property will occur as there is a
15-foot alley separating this property from the neighboring
property.
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.
March 16, 1981
Other Business
There being no further business, the meeting adjourned at
4:40 p.m.
Date: 2-e/
Chairman