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boa_05 18 1981LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY AND MINUTE RECORD May 18, 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. Minutes of the previous meeting were approved as mailed out. III. Members Present: Marcelline Giroir, Chairperson Richard Yada William Ketcher George Wells Ellis Walton Members Absent: Jim Summerlin Jerry Wilcox City Attorney Present: Lester McKinley May 18, 1981 Item No. 1 - Z-3673 Owner: Carmo, Inc. By: Hershel Moseley Address: 10100 Mabelvale Pike Description: Long legal Zoned: "R-2" Single Family Variance Requested: Relief from Section 8-101-I to permit a waiver of paving on a bicycle, motocross dirt track Present Use of Property: Commercial refrigeration business Proposed Use of Property: Same, plus the track Staff Recommendation: When the Board of Adjustment deferred this matter from the April 20th meeting to allow time for the Planning Commission to deal with the zoning issue associated with this project, the Planning Commission subsequently, at its meeting on April 28th, deferred its consideration of the zoning to allow time for further study of the area and the proposal, and as a result no action has been taken by the Planning Commission which would eliminate the original concern of the Board of Adjustment. Staff recommends, therefore, that this item be deferred for one additional month bringing it back to the Board of Adjustment on June 15th. It is expected that the zoning issue will be resolved by that time. Board Action: The Board moved to defer consideration of this item to the June 15 meeting. A motion was passed: 5 ayes, 0 noes, 2 absent. May 18, 1981 Item No. 2 - Z-3520-A Owner: Exxon, USA By: Gerald Reeves Address: Park Plaza Shopping Center Description: Long legal Zoned: "C-4" Open Display Variance Requested: Relief from Section 7-103.4E to permit an encroachment into a required exterior yard for canopy renovation. Present Use of Property: Gas station Proposed Use of Property: Same Staff Recommendation: This request will permit the renovation of an existing service station facility, and the result will be the existing station with a facelift. The zoning issue is that the existing canopy, which was legally placed when built, now is a nonconforming structure which encroaches into a required exterior yard. In order to properly renovate this canopy, it will be necessary to take it down and then reconstruct it in the same location. The takedown is technically the elimination of the nonconforming structure, and its reconstruction cannot be permitted without a zoning variance. 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 which will permit an eight -foot setback from the Markham Street frontage. The motion was passed: 5 ayes, 0 noes, 2 absent. May 18, 1981 Item No. 3 - Z-3625-A Owner: Galleria Apts. Partnership By: Larry Jacimore Address: Rodney Parham Road at Satterfield Drive Description: Lot 10, Paragon Place Zoned: "MF-24" Multifamily Variance Requested: Relief from Section 7-101.6D to permit an interior side yard of 10 feet Present Use of Property: Vacant (apartments under construction) Proposed Use of Property: Multifamily Staff Recommendation: Some of the construction has begun on this project, but nothing previously approved for development limits the Board of Adjustment in its options to deal with this request. The locations of the buildings as shown on the development plan were dictated by topography, geology and hydrology on and around this property. The choices to locate the buildings as shown were made partially on the basis of economic consideration, recognizing that almost any problems of these types can be overcome if one is willing to spend an unlimited amount of money to solve them. Staff believes that compliance with the Ordinance would also have a certain amount of public cost which seems unreasonable. Changes to the land and the flood prone areas would likely shift certain burdens to the public over the long-term. 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. May 18, 1981 Item No. 4 - Z-3690 Owner: Bill Perrymore Address: 1205 N. Tyler Street Description: Lot 8, Block 1, Hollenberg's Addition Zoned: "R-2" Single Family Variance Requested: Relief from Section 5-101F2d to permit expansion of an accessory building less than three feet from the side yard line Present Use of Property: Single Family Proposed Use of Property: Same Staff Recommendation: The applicant desires to expand a nonconforming accessory structure (the nonconformity being created by adoption of the new Ordinance in 1980). The accessory building presently functions as a garage/storage building, and the expansion will provide additional storage space. No harm to abutting properties is seen 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, 2 absent. May 18, 1981 Item No. 5 - Z-3693 Owner: New Hebron Baptist Church By: Jesse Davis Address: loth and Maxwell Streets Description: Lots 11 and 12, Block 44 and Lots 10, 11 and 12, Block 50, Industrial Park Addition Zoned: 110-1" Quiet Office Variance Requested: (1) Relief from Section 7-102.1 to permit encroachments into front and side yards. (2) Relief from Section 8-101 to permit location of parking off -site Present Use of Property: Vacant (burned out church) Proposed Use of Property: Church and related parking Staff Recommendation: The variances requested will permit the replacement of a severely damaged neighborhood church and the provision of some parking which did not exist before. The proposal allows better utilization of the property and reduces the encroachments of the original structure. Staff recommends approval of both variances requested. 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. May 18, 1981 Item No. 6 - Z-3694 Owner: Freddie Johnson Address: 1800 S. Pine Street Description: Lots 1, Block 3, Cedar Heights Addition Zoned: "C-3" General Commercial Variance Requested: Relief from Section 7-103.3D to permit no building setback on the north side yard. Present Use of Property: Vacant Proposed Use of Property: Barber/beauty shop Staff Recommendation: This property was previously occupied by a large wooden structure which had no front yard or north side yard setbacks. The structure was severely damaged by fire some months ago, and the owner plans to construct a new barber and beauty shop at this location. The property located across 18th Street to the north is a neighborhood bar and hangout, and in an effort to provide security for his customers, the applicant would like to orient the new building's front to the south using the rear of the structure as a partial barrier to the less desirable element to the north. 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. May 18, 1981 Item No. 7 Z-3695 Owner: A. Dan Phillips By: George Wittenberg Address: None assigned Description: Lot 14B, Overlook Park Zoned: "R-2" Single Family Variance Requested: Relief from Section 7-101.2 to permit a seven -foot rear yard encroachment Present Use of Property: Vacant (house under construction) Proposed Use of Property: Single Family Staff Recommendation: The proposed encroachment will permit an overhanging deck to be constructed on the rear of this home. The projection will overlook a deep valley, most of which is also owned by the applicant. The location of the house is dictated by the excessive slope on 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: 5 ayes, 0 noes, 2 absent. May 18, 1981 Item No. 8 - Z-3697 Owner: Address: Description: Zoned: Variance Requested: Present Use of Property: Proposed Use of Property: Elizabeth Mitchell Children's Center By: Cynthia Alderman None assigned Tract B, University Park Recreational and Educational Facilities Plat "R-5" Urban Residence Relief from Section 8-101B to allow parking in the front yard and an interpretation to establish required parking for the use. Vacant Elizabeth Mitchell Children's Center Staff Recommendation: This property falls under the jurisdiction of the City Parks Department, and there is an architectural review process established whereby the Parks Department must approve all developments on this land. Normally, there is a requirement that no buildings or parking facilities be permitted within the front 50 feet of any lot fronting on 12th Street within this plat; however, the architectural review committee has agreed to be flexible with this development, partially because of the office/commercial/industrial complex next door to the west. Discussions with the Parks Department indicate that the committee will accept a 50 percent reduction in the required setback, meaning that 25-foot setback for structures and parking will be permitted. With the parking setback of 25 feet, no variance is required. Because of the nature of this use, there is some potential for discussion over exactly what parking requirements would be applied to the project. Therefore, staff is requesting that the Board of Adjustment rule that the proposed 32 parking spaces are adequate for this use. Further, it is recommended that the Board of Adjustment also interpret the Ordinance in the respect that the Elizabeth Mitchell Children's Center as an orphanage and related facilities is a use which is permitted in the "R-5" Urban Residence District. May 18, 1981 Item No. 8 - Continued Staff recommends denial of the variance for parking in the front yard and approval of the two interpretations specified, first, that the use does fit in the "R-5" District under the Ordinance, and secondly that the 32 parking spaces to be provided will be adequate for the use intended. Board Action: Ellis Walton abstained on this case citing conflict of interest. The applicant was present, and there were no objectors. He stated that he wished to withdraw the request to permit front yard parking and his withdrawal was approved by the Board on a vote of 4 ayes, 0 noes, 2 absent, 1 abstention. In further action on this item, the Board moved to interpret the ordinance that the 32 parking spaces proposed for this project were adequate for the use and, secondly, that this use, the Elizabeth Mitchell Children's Center, is a permitted use in the "R-5" Urban Residence district. The interpretation motion was passed: 4 ayes, 0 noes, 2 absent, 1 abstention. May 18, 1981 There being no further business, the meeting was adjourned at 2:55 p.m. Date: ■ �� /��� Chairman -�>-i /;W"41 � - 5ecre.ary " //)