boa_08 15 1983LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY AND MINUTE RECORD
AUGUST 15, 1983
2:00 P.M.
I. Roll Call and Finding of a Quorum.
A roll call produced a Quorum of five members.
II. Approval of the Minutes of the Previous Meeting.
The Board voted to accept the minutes of the previous
meeting as mailed.
III. Attendance Record
Present: George Wells, Vice -Chairman
Steve Smith
Joe Norcross
B.L. Murphree
Thomas McGowan
Absent: Ellis Walton
Richard Yada
Herbert Rideout
City Attorney Hugh Brown
Present:
At this meeting, the Board of Adjustment was short one
position being that formerly held by Marcelline Giroir.
August 15, 1983
Item No. 1 - Z-3913
Owner:
Address:
Description:
Zoned:
variance
Requested:
Justification:
John Berg
1201 E. 8th Street
North 75 Feet of the West 150 Feet
Of Block A, Gaines Subdivision of
Hanger's Addition
"I-l" Light Industrial District
Front yard setback from provisions of
Section 7 of the Zoning Ordinance.
The existing buildings were constructed under the prior
Zoning Ordinance many years ago and conformed to all
setbacks until adoption of the present ordinance. The new
ordinance makes these structures completely nonconforming.
The size of the lot dictates the location of the addition in
front of the principle building.
Present Use of
the Property: Machine Shop
Proposed Use of
the Property: Same with new office space.
STAFF REPORT
A. Engineering Issues:
The site is generally flat east to west with some fall
in grade from south to north. The streets do not have
curb and gutter on either frontage. All off-street
parking is unpaved, unmarked and uncontrolled access.
The streets west and south of the site have curb and
gutter which tie at this intersection.
B. Staff Analvsis:
A visit to the site reveals that this use is located in
a neighborhood which has suffered a decline from its
former residential base use to one of a mixture of
intense industrial activity. The block to the south of
this corner is all residential extending to East 9th
Street. The residential occupancy occurs on both sides
of College Street. To the north of this site, College
August 15, 1983
Item No. 1 - Continued
Street is primarily weed lots and a couple of run-down
houses. The properties lying to the east all the way
to the railroad tracks are industrial. To the west of
the site is a mixture of commercial, office, industrial
and a small amount of residential. The staff sees
little redevelopment potential in this area except for
uses of this character. We feel this variance is
justified for the reasons stated in the variance
request.
C. Staff Recommendation:
We recommend that the Board approve this variance as
requested with the following conditions attached:
1. All off-street parking be paved to Ordinance
standards with appropriate markings and
landscaping.
2. Street improvements be provided along both
boundary streets.
3. Curb cuts be reviewed by the City Engineer
especially with respect to the overhead doors on
the 8th Street side.
BOARD ACTION:
The applicant, Mr. Berg, was present and addressed the Board
expressing concerns about the paving of off-street parking
and the improvement of the abutting streets. There were no
objectors present. A brief discussion of the proposal was
held with the following result. A motion was made to
approve the application for variance as filed with the
modifications recommended by staff. The vote: 5 ayes,
0 noes, 3 absent and 1 open position.
August 15, 1983
Item No. 2 - Z-4054-A
Owner: Troy B. and Kitty L. Braswell
Address: 8302 Baseline Road
Description: Long Legal
Zoned: "I-2" Light Industrial District
Variance
Requested: Side and rear yard setback provisions
of Section 7-104.2 of the Zoning
Ordinance.
Justification: The owner states that his justification
is the requirement of ordinance which
imposes the rear yard and side yard
setbacks.
Present Use of
the Property: Commercial and Office Mixture
Proposed Use of
the Property: Remain the same with expanded floor
area for offices of Eight Wheels
Roller Rink Firm.
STAFF REPORT
A. Engineering Issues:
The site is flat with common grade to adjacent
properties. The Baseline frontage is unimproved with a
requirement of one-half of a 100-foot right-of-way with
one-half of a four lane paved facility, this being a
median divided or left turn lane structure. A one lot
final plat will be necessary to dedicate the additional
10 feet of right-of-way.
B. Staff Analvsis:
A visit to the site and a few minutes review of this
proposal indicates to staff that the variance is not
needed in order to build the proposed addition. If the
owner turns the building 90°, he will find that he can
provide more than sufficient setback on all sides of
the lot. The only negative involved in this is a
five-foot offset in the northeast corner of the
building to accommodate the required 15-foot setback on
the east. The area that remains behind the building
could provide the parking that would be displaced along
August 15, 1983
Item No. 2 - Continued
the west line. Inasmuch as that parking appears to be
employee or pawn vehicles, it would not be a hardship
to place it behind the building. As to the parking
requirement for the total activity, the office use as
the larger occupancy would require plus or minus 12
spaces. The pawn shop being somewhat smaller in floor
space would require approximately eight spaces. The 20
existing are sufficient to meet the Zoning Ordinance
requirement.
C. Staff Recommendation:
Denial of the request inasmuch as the location of the
structure and the variance requested is purely site
choice and not hardship.
BOARD ACTION:
The applicant was present represented by Mr. Jack Ulmer.
Mr. Ulmer offered comments in support of the request. He
stated that his client had determined that he could settle
for the 15-foot setback initially requested as opposed to
the modified request which would have provided 5 feet +.
There was considerable conversation dealing with the
setbacks on the adjacent lots, relationships to those
structures, the design of this site and its visibility from
Baseline Road. The Board voted on a motion to deny the
request as filed. That motion passed by a vote of 5 ayes,
0 noes, 3 absent and 1 open position.
The staff offered a comment dealing with the potential of
making an addition to the north end of this structure. The
suggestion would be that the 8.1-foot side yard be allowed
along the east side for addition as proposed on the staff
illustration. The Board discussed this proposal briefly
followed by a motion to allow the side yard variance so as
to permit continuity of the east alignment of the building,
but adherence to all other ordinance requirements. This
motion passed by a vote of 5 ayes, 0 noes, 3 absent and
1 open position.
August 15, 1983
Item No. 3 - Z-4057
Owner: Claude and Emily Arrington
Address: 5814 Southwick Drive
Description: Lot 9, Section A, Southgate Subdivision
Zoned: "R-2" Single Family District
variance
Requested: Rear yard setback provisions of Section
7-101.2 of the Zoning Ordinance.
Justification:
The owner states five reasons for hardship. These are: (1)
To Provide a workshop for leisure hours which are
unconventional due to employment which is set at four
12-hour days followed by four days off. (2) To relocate
noise generating activities within the household to provide
for day sleeping when on night shift. (3) Alternate plans
considered would require loss of the only two shade trees
remaining. This plan would afford a yard use area shaded by
either the trees or the house all day. (4) Mrs. Arrington
has an orthopedic problem which makes steps and inclines
difficult. She has had numerous falls, and this possibility
would be reduced if an at grade relationship exists between
the structures by way of the enclosed connecting passage.
(5) The reconstruction and repair of several portions of the
house would be accomplished at the same time, and it would
be more economical to finance them all at the same time.
Present Use of
the Property: Residence
Proposed Use of
the Property: Same with additional floor space.
STAFF REPORT
A. Engineering Issues:
There are none apparent as this lot is in a recently
developed subdivision (20 years +). It is on a flat
area with no drainage or street problems apparent.
August 15, 1983
Item No. 3 - Continued
B. Staff Analysis:
The staff view of this request is that the use and
structure intended for construction imposed no adverse
relationships upon the block. The only reason this
matter is before the Board is to deal with a closed
connection between the house and proposed shop which
could be constructed as an accessory building. The
24' x 30' shop is intruding into the rear yard less
than the allowable 30 percent of area coverage for such
buildings. As to the hardship stated, we feel that
perhaps only one is truly a hardship and that is the
physical impairment. This is sufficient in our view to
allow the 12' x 30' connection.
C. Staff Recommendation:
We recommend approval of the request as filed but would
include a caution within our recommendation that the
structure as proposed is entirely appropriate for
conversion to a dwelling unit at some future time. We
would recommend that the Board's approval include a
prohibition of such activity.
BOARD ACTION:
The applicant was present and briefly addressed the Board.
There were no objectors present. The Board, after a brief
discussion, voted to approve the application as submitted by
a vote of 5 ayes, 0 noes, 3 absent and 1 open position.
August 15, 1983
Item No. 4 - Z-4061
Owner: W.V.S., Inc.
By: Richard Savage, AIA
Address: 8100 Cantrell Road
Description: Lot 1, Foxglen Subdivision
Zoned: "C-3" General Commercial
Variance
Requested: The height provisions of Section 7-103.3
of the Zoning Ordinance to permit a
building height of 43 feet.
Justification:
Site is triangular expanding as it moves north away from
Cantrell Road. Deed restrictions exist which limit access
to the site to two locations and require 40-foot rear
setbacks including a 15-foot landscape buffer. Because of
the existing setback requirements, easements and access
problems, the placement and configuration of a building on
the site were severely constrained. As originally
conceived, the building was somewhat shorter in length and
had a 40-foot setback perimeter by choice. Our
interpretation of the Zoning Ordinance indicated that
because of the additional setbacks provided, we could have
increased the height commensurately. However, in the
process of development and marketing, the building length
was increased to reach the east setback line. When this
occurred, we frankly failed to take into consideration the
fact that the Code exception for increase no longer applied.
The building still has a 40-foot rear yard and a front yard
in excess of 100 feet. The rear yard is bounded on the
north by a private street and landscape space before
reaching other buildings. The west side is bounded by a
side yard and an 80-foot parking lot before reaching the
Golden China Restaurant, and the east side is bounded by a
side yard setback and intervening private drive and a front
yard setback before reaching an adjacent office building.
We feel that it obvious that the large spaces around the
building relieve any potential for detrimental effect of
slightly increased height.
Present Use of
the Property: Vacant
Proposed Use of
The Property: New Office Building
August 15, 1983
Item No. 4 - Continued
STAFF REPORT
A. Engineering Issues:
None evident at this writing.
B. Staff Analysis:
Staff view of this request is somewhat mixed in that a
true hardship on this site is difficult to pen down
with the site vacant. Normally, the Ordinance is a
base for design, and the structure is designed to fit
the lot. However, in this case, one of those
circumstances developed which suggests a variance is
sought to save extensive redesign costs or maintain a
ground coverage preferred by the owner. In the absence
of negative affect on the neighborhood and larger than
normal setbacks, we feel the request has some merit.
The height difference of eight feet will with the
design employed be unnoticed by all but a few design
persons. The view of the structure from Cantrell Road
is 200 feet + from the near driving lane to the ridge
line of the roof.
C. Staff Recommendation:
Staff recommends approval as filed.
BOARD ACTION:
The petitioner was represented by Mr. Richard Savage, the
architect. Mr. Savage presented additional comments in
support of the justification for the request. He further
offered a letter of agreement from the Golden China
Restaurant to answer questions concerning the off -site
parking required for this use. He stated for the record
that he and the Building Permits Office had miscounted the
number of spaces on -site and that there were in fact enough
parking stalls within the boundary to comply with the
ordinance. There were no objectors present. The Board
voted on a motion to approve the application as filed. The
motion passed by a vote of 5 ayes, 0 noes, 3 absent and
1 open position.
August 15, 1983
Item No. 5 - Z-3994-A
Owner: Mapco Petroleum Company
(Earth Resource Company)
By: John Biola
Address: 8818 New Benton Highway
Description: Part of SW 1/4 of Section 35, T-1-N,
R-13-W
Zoned: "C-4" Open Display District
Variance
Requested: Rear yard setback provisions of Section
7-103.3 of the Zoning Ordinance to
permit a 10-foot rear yard.
Justification: The owner states that the existing
building is 10 feet from the rear line
and no other option exists for addition
to the existing building.
Present Use of
the Property: Gasoline Sales and Food Store
Proposed Use of
The Property: Remain the same with additional floor
space for food sales.
STAFF REPORT
A. Engineering Issues:
None evident at this writing.
B. Staff Analysis:
The staff visit to the site revealed two points of
discussion which dependent on the views of the
reviewing party can make a case for or against the
proposal. First, we would point out that significant
interior rearrangement will occur in this building
after the addition. This suggests that several design
options are available to the builder. These would
include elimination of the gasoline pumps at the front
door and expanding the building toward the highway as
well as eastward. Secondly, we would point out that a
large generally vacant tract lies to the north which
offers the possibility of acquiring 15 feet of land to
provide the required rear yard. The development of a
August 15, 1983
Item No. 5 - Continued
hardship case is difficult given the existing
circumstances and possibilities. The owner has not
chosen to note that annexation is one of the bases for
the problem. This use was constructed while in the
County.
C. Staff Recommendation:
It can be shown that this application is not supported
by the evidence and that other options are available.
Therefore, in the absence of stronger justification, we
recommend denial of the request.
BOARD ACTION
The applicant was represented by Mr. Mike Haasbrook.
Mr. Haasbrook addressed the Board briefly. He offered
comments in response to the staff recommendation which
suggested they had pursued all of the remedies which the
staff had offered. A brief discussion then followed
involving all parties as to possible resolution of the
problems. A motion was then made by the Board to approve
the application as filed. The Board approved this motion by
a vote of 4 ayes, 1 noe, 3 absent and 1 open position.
The staff then pointed out to the Board that the bylaws
required a minimum of five votes to provide approval on any
action before the Board. A brief discussion followed in
which the staff suggested that a motion of the Board to set
the bylaw requirement aside in this case would be
appropriate. A motion was then made to accomplish this.
The motion was passed by 5 ayes, 0 noes, 3 absent and 1 open
position.
August 15, 1983
Item No. 6 - Z-4064
Owner: William R. Smith
Address: #3 Longfellow Lane
Description: Lot 1 of Block 2, Forbes Place Addition
Zoned: "R-2" Single Family District
Variance
Requested: Front, rear and side yard setback
provisions of Section 7-101.2 of the
Zoning Ordinance.
Justification:
The owner offers four comments as justification for the
request. They are: (1) The unusual shape of the lot
50' x 1401. (2) The planned addition will fit the house and
lot from an appearance standpoint. (3) Additional space is
required. (4) The present house is on the lot crooked so
that the extension of rooflines and walls on the east side
require a variance.
Present Use of
the Property: Residence
Proposed Use of
The Property: Remain the same with the expanded floor
area for a garden dining room area, a
studio and a bath exercise area on the
east end of the structure. A carport is
proposed for the west end of the
structure.
STAFF REPORT
A. Engineering Issues:
This lot is flat as are the abutting lots. The block
contains an alley 10 feet in right-of-way along the
east side of this lot. The street labeled as
Longfellow Lane was platted as "W" Street and at that
time only 25 feet of right-of-way. That required the
street curb to be very close to the lot line, in fact,
only four plus feet from the existing door of the
structure to the back of the street curb. The setback
along Beverly Place is uniform in this block and about
40 to 45 feet on all of the houses. The lot dimension
as pointed out by the owner in the justification is not
unusual. In fact, it is the standard pre -World War II
lot plat size.
August 15, 1983
Item No. 6 - Continued
B. Staff Analysis:
The staff review of this proposal suggests that the lot
will be overbuilt if these additions are authorized.
There are no physical constraints in support of the
proposal and no apparent negative impact on the block
except for the carport. The existing house, like most
of its neighboring structures, was constructed with
some 25 feet additional front yard than the present
Ordinance requires. This accounts for the wide
spacious streetscape along Beverly Place and the lack
of building space in the rear yard. Staff view of this
proposal is that a true hardship does not exists, only
a desire to follow a trend in this neighborhood toward
larger houses on small lots. Although the Ordinance
would allow the carport if set back three feet toward
the house, we feel that it is not appropriate in this
block.
C. Staff Recommendation:
The staff feels that some of the justification can be
accepted relative to the structural additions on the
east end of this residence inasmuch as past practice in
the neighborhood has allowed such. However, we feel
that the carport proposal on the west end of the
structure should be disallowed, and the existing
structural setback along Beverly Place maintained.
BOARD ACTION:
The applicant was present and made a brief presentation of
his proposal and addressed comments made by the staff.
Mr. Bob Lowry, representing himself and neighbors, made
comments directed not to the request at hand, but to a wall
and alley relationship on the east end of this lot. The
discussion followed whereby the Board of Adjustment
determined that the issue concerning the alley and the wall
was not an issue for resolution by this body. After
tentative agreement between the parties present that the
issue could be resolved outside the Board meeting, the Board
proceeded to consider the case at hand. Additional comments
were offered both by the staff and other participants as to
the relationships of livability space on the lot, the bulk
of the structure and typical kinds of variances previously
approved in this neighborhood. The result of this
conversation was a motion made to approve the variances as
requested. A motion was passed by a vote of 5 ayes, 0 noes,
3 absent and 1 open position.
August 15, 1983
Item No. 7 - Z-3192-A
Owner: Mrs. Samuel Smith
Address: 5409 "L" Street
Description: The E 1/2 of Lots 1 and 2 of Block 2,
Hollenberg Addition
Zoned: "R-2" Single Family District
Variance
Requested: Side yard setback provisions of Section
7-101.2 of the Zoning Ordinance.
Justification: At this writing, the staff has not
received the required justification from
the applicant.
Present Use of
the Property: Residence
Proposed Use of
The Property: Remain the same with additional floor
space/
STAFF REPORT
A. Engineering Issues:
The lot involved has little or no grade problem and no
apparent drainage problem. The lot is a recombined lot
out of two corner lots platted facing Tyler Street.
Therefore, the lot has a better building to site
relationship than that afforded a normal corner lot.
The side street is unimproved and serves little traffic
except local access.
B. Staff Analysis:
The review of this request has uncovered several items
of significance. First, a review of our files
indicates a variance request for side yard setback of
zero feet was denied by the Board of Adjustment on
May 22, 1978. Subsequent to that date, the Board of
Adjustment denied a request for a reconsideration of
that denial on August 25, 1978. The only change in the
request from that application is a two -foot setback
being offered. The staff pointed out in those hearings
that the owner had several options to the rear of this
August 15, 1983
Item No. 7 - Continued
residence and that no hardship was evident. The lot
being a reverse corner lot offered a setback
relationship to Tyler somewhat different from that
established by the existing dwellings to the south. An
addition to this structure on the Tyler Street side
will significantly intrude upon visibility and the
established setback.
C. Staff Recommendation:
The staff recommends that inasmuch as the applicant has
not offered in writing a justification for this
variance and the past record has not supported a
variance of any kind that the Board withdraw this
matter from the agenda and instruct the applicant to
pursue this matter only after filing a proper
application. The applicant may pursue other options
and obtain a building permit.
BOARD ACTION:
The staff reported to the Board that this applicant had
requested withdrawal of this matter from the agenda inasmuch
as she did not desire to pursue the request. A motion was
made to withdraw the matter. The motion was passed by a
vote of 5 ayes, 0 noes, 3 absent and 1 open position.
August 15, 1983
Item No. 8 - Z-4067
Owner:
Address:
Description:
Zoned:
Variance
Requested:
Justification:
Present Use of
the Property:
Proposed Use of
the Property:
STAFF REPORT
Floyd Fulkerson
By: City of Little Rock
Property located at the SW Corner of
Pebble Beach Drive and Hinson Road
Lots 918 and 919, Longlea Addition
11R-2" Single Family District
Construction within a designated
floodway.
The owner and
circumstances
neighborhood
filing.
Vacant
Residences
City staff offers the
of development of this
as the justification for
Inasmuch as this item is somewhat involved in nature and a
recent agreement between the City Engineer and the owner
offers solutions, the City Engineer's Office will address
this item at the public hearing.
BOARD ACTION
Mr. Mike Batie of the City Engineering Department was
present representing the proposal. Mr. Batie made a
presentation offering justification for the request as well
as a history of these lots. He suggested that the proposal
as drawn and agreed upon by the various parties was not what
would normally be desired in the circumstances, but the best
that could be achieved and be fair with all of the parties
participating. The Board briefly discussed the presentation
and reviewed materials Mr. Batie provided concerning the
location of the floodway within the two lots at issue.
Comments were made to the effect that the approval of this
floodway alignment and the amount of fill remaining would
permit no accessory structure within the floodway. It was
also noted that floor elevations for structures within the
floodplain will apply to both lots. The Chairman pointed
out for the record that this action should not be construed
to be setting a precedent for review of future circumstances
of like kind. The Board then voted on a motion to approve
the variance request as presented by the staff. The motion
passed by a vote of 5 ayes, 0 noes, 3 absent and 1 open
position.
;ity of Little Rock
)epartment of 701 West Markham
'Ubllc Works Little Rock, Arkansas 72201
371-4800
August 8, 1983
TO: Board of Adjustment Members
FROM: Mike Batie, Senior Civil Engineer W4'
RE: Floodway Encroachment - Lots 918 and 919,
Longlea Addition
Background:
The Public Works Department received a citizen's complaint
in February 1983 expressing concern over filling on the
above mentioned property. The engineering staff investigated
the complaint and observed fill that had been placed in the
Floodway. On February 18, 1983, the property owner, Mr.
Floyd Fulkerson, was sent a letter requesting his assistance
in removing the fill. Mr. Fulkerson replied that others
had been illegally dumping on his property without his
permission. Also, he wanted the Floodway boundary line
changed because it was not in existence when he previously
platted his property. This was not an acceptable reason
to change the Floodway boundary line.
The engineering staff began investigating the possibility
of changing the Floodway Boundary by increasing the creek
width; thereby decreasing the Floodway. After surveying
the property and discussions with Conrad Battreal of the
Flood Plain Management Section, U.S. Army Corps of Engineers,
the decision was confirmed that the Floodway Boundary up-
stream from the box culvert at Pebble Beach Drive could
not be relocated at this time. Therefore, channel improve-
ments alone would not decrease the Floodway Boundary.
At this point, Mr. Fulkerson was notified that .fill material
located in the Floodway was to be removed. Mr. Fulkerson
advised the Public Works Department that he would not remove
the entire fill in the floodway and that he would take the
City to court to rectify the situation. At this point, the
engineering staff tried to work out a compromise that was
acceptable to the City's Flood Hazard Prevention Ordinance
and Mr. Fulkerson's position. The following action was
recommended:
1) The present fill material located west of the
ft
-2-
platted easement line should be removed.
2) Mr. Fulkerson should request a hardship
variance from the Board of Adjustment
for permission to construct within the
shaded area (Floodway between the Flood -
way Boundary and the platted easement
line). The hardship variance is based
upon his past understanding that he
would be able to use his property from
the property line on Hinson Road west
to the platted easement line. Also,
construction would be restricted to the
area between the 25 foot building set-
back line and the Floodway Boundary,
which would leave approximately 50 feet
for construction.
Mr. Fulkerson advised the Public Works Department that
he would not take this matter to the Board of Adjustment.
However, as an act of compromise, Mr. Fulkerson has re-
moved fill material located from the creek bank east to
the platted easement line. (See the attached map).
The Flood Hazard Prevention Ordinance is clear in its
requirements. Either the fill in the Floodway is to be
removed or a variance must be granted by the Board of
Adjustment.
Recommended Action:
MB/bw
• A variance should be granted for the above
mentioned lots in order that construction
be allowed within the area from the Flood -
way boundary to the platted easement line.
The structures should be sited as far east
on the site as possible.
■ Any further filling from the platted ease-
ment line to the creek would revoke the
variance.
August 15, 1983
Item No. 9 - Z-3827
Owner: Hendrix College
By: George Anderson
Address: NW Corner of West 12th Street at
Fair Park Boulevard
Description: Lots 10, 11 and 12, Block 1, Peay and
Worthen Addition
Zoned: "C-4" Open Display District
Variance
Requested: Reconsideration of variance conditions
imposed by the Board on October 18,
1982, relative to curb cuts.
Present Use of
the Property: Texaco Service Station
Proposed Use of
the Property: Remain the same.
STAFF REPORT
A. Engineering Issues:
No new information has been developed.
B. Staff Analvsis:
In this analysis, the staff will first offer commentary
from the applicant as to his justification for this
variance and the reason for a third review by the Board
on this project. The applicant states that changed
circumstances relative to pump island locations and
traffic patterns are the stronger argument. The owner
feels compliance with the closure demand of the Board
will impact his business significantly. He feels that
automobile traffic within, to and from his site will be
seriously impacted to the extent that he will lose
customers due to the inability to return to Fair Park
Boulevard for southbound travel. Staff would offer to
the Board from the record of the last Board of
Adjustment meeting on October 18, 1982, the following
excerpt:
"Staff Recommendation: On April 19, 1982, the
Board of Adjustment approved a 21.7-foot setback
on the east side and a 22.5-foot setback on the
south side with the provision that two existing
curb cuts near the intersection be closed. Upon
August 15, 1983
Item No. 9 - Continued
further planning for reopening of this service
station, the applicant has found it necessary to
revert to the original pump island locations
except that the islands will be moved back from
the street. This arrangement requires two
canopies rather than the one proposed in the
previous application. The size of the canopies
have been reduced to 20' x 241. In addition, the
applicant finds it desirable and necessary to keep
the second curb cut on 12th Street open in order
to adequately handle traffic. What is now being
proposed is a 22-foot setback from Fair Park
Boulevard for the canopy and a 15-foot setback
from West 12th Street. In addition, the applicant
is proposing to reduce the existing 40-foot curb
cut on 12th Street nearest the intersection to 25
feet and to close the other curb cut on Fair Park
nearest the intersection. Staff recommends
approval of this new proposal.
Board Action: Staff stated that this was a
rehearing on an earlier case owing to some
revisions in the proposal that had to be made for
technical reasons. After some discussion, the
Board moved to approve the new design as
recommended by the staff. The motion passed -
6 ayes, 0 noes and 1 absent."
The staff maintains the same position as reflected in
the record. We feel that circumstances have not
changed, only the personal preference of the owner.
The record does not reflect strong owner objection to
the curb cut closures on either occasion, and the
building permit results show he was willing to take all
of the positive advantages offered. He has completed
all construction work except these closures. At this
time, the curb cuts are blocked by wheel stops and not
in use for access. We maintain that better control of
cuts on this busy corner is required to assure a
reduction in conflict on street.
C. Staff Recommendation:
Denial of the request.
August 15, 1983
Item No. 9 - Continued
BOARD ACTION:
There were no objectors present. Mr. George Anderson, the
applicant, was present and addressed the Board. He offered
comments in support of his request. The staff and applicant
discussed at length the pros and cons of the curb cuts with
the following result: the Board unanimously approved a
motion to allow the owner to temporarily open the curb cuts
for a period of six months in order to study the traffic
impact on Fair Park Blvd. The staff was directed to place
this matter on the February 1984 agenda for consideration of
a study of the effects observed by staff. Monitoring of the
site was directed in order to obtain first hand information
on accessibility, conflicts, movement and travel desire of
the pump island users. The motion was approved by a vote of
5 ayes, 0 noes, 3 absent and 1 open position.
August 15, 1983
There being no further business, the Chairman adjourned the
meeting at 3:40 p.m.
Date 9 • /) - 93
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