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.
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Chairman
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