boa_07 18 1983LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY AND MINUTE RECORD
JULY 18, 1983
2:00 P.M.
I. Roll Call and Finding of a Quorum.
A Quorum was present being seven in number.
II. Approval of the Minutes of the Previous Meeting.
The Minutes of the Previous Meeting were approved as
mailed out.
III. Members Present:
Members Absent:
City Attorney
Present:
George Wells, Vice -Chairman
Joe Norcross
Richard Yada
B.L. Murphree
Tom McGowan
Herbert Rideout
Steve Smith
Ellis Walton, Chairman
One Vacancy
Carolyn Witherspoon
July 18, 1983
Item No. 1 - Z-3545-A
Owner: Missouri Pacific Railroad Company
By: Kenneth Rauch
Address: 11310 Alexander Road
Description: Long Legal (155 acres +)
Zoned: "I-l" Industrial Park and
"I-3" Heavy Industrial
variance
Requested: Permission under Section 3-101 C to
locate a mobile home for security
purposes for a cattle operation.
Present Use of
Property: Pasture Land
Proposed Use of
Property: Same
STAFF RECOMMENDATION:
Section 3-101 C states:
The Board of Adjustment is empowered to review and
approve or deny applications for the location of mobile
homes or other structures in existing mobile homes
sites or on other nonresidential sites. The use of
these structures shall be limited to one (1) single
family dwelling unit for on -site security purposes
only.
The applicant leases this property from the Missouri
Pacific Railroad Company to graze cattle on commercially.
He is in the second year of a five-year lease. Recently, he
moved a mobile home onto the site to serve as his residence
and office. Neighbors have complained to the Enforcement
Division about the mobile home being located on the
property. The City's present ordinances do not permit
mobile homes except in mobile home parks or in the new
"R-7A" Mobile Home Subdivision District. The only exception
to these locations is that the Ordinance states in the
paragraph above that a mobile home may be located on
nonresidential sites for security purposes.
July 18, 1983
Item No. 1 - Continued
In the past, mobile homes have been permitted for security
purposes at two churches, one golf course, one livestock
auction and one industrial location. This request is
unique, and staff is unsure whether it complies with the
basic premise of the Ordinance. The applicant has not shown
a true security problem as yet. This would seem to be the
only criteria under which such a mobile home could be
justified.
STAFF RECOMMENDATION:
Staff recommends denial unless the applicant can convince
the Board that this is truly a security matter.
BOARD ACTION:
The applicant was not present, and there were two objectors.
Bill Terry representing the Missouri Pacific Railroad
Company and Ed Bozier of the Missouri Pacific Railroad
Company were present and presented letters from the
Railroad's General Council for the Arkansas District and a
letter from Missouri Pacific requesting that this item be
denied. Mr. Terry and Mr. Bozier both spoke in opposition
to the case. Staff stated that the normal procedure was
that when an applicant was absent that the item would be
deferred to the next meeting. Mr. Terry stated that
Missouri Pacific was not opposed to a deferral, and the
primary reason for its objections to the application was
that it had not been previously consulted by Mr. Rauch.
The discussion went on for a brief period of time and,
finally, the Board determined that since the owner was
opposed to the approval of the application, that there was
no point in waiting to deal with the applicant. The Board
moved to deny the application as filed. The motion passed -
7 ayes, 0 noes, 1 absent and 1 vacancy.
July 18, 1983
Item No. 2 - Z-4048
Owner:
Address:
Description:
Zoned:
variance
Requested:
Present Use of
Property:
Proposed Use of
Property:
James Brown
3133 S. Main Street
Lot 9, Block 1, Robinson Addition
"R-3" Single Family
Relief from Section 7-101.3D to
permit a 16-foot front yard and a
2-foot side yard (north) for two
additions as shown.
Single Family
Same
STAFF RECOMMENDATION:
The applicant is proposing to enclose an existing patio
porch on the front of the home as shown on the graphic
attached. The present home is located only two feet off the
north property line and his proposed additions both in the
front and rear would line up with the existing side wall.
The home on the property to the north is located about five
feet off the property line, and it is setting in such a way
that the additions to it would be much the same way so the
ongoing structural relationship would be the same. Staff
feels that the offset location of the existing home is the
justification of hardship for this case.
Staff recommends approval.
BOARD ACTION:
The applicant was present, and there was one neighbor also
present. The neighbor present was at the meeting for the
purpose of speaking in favor of the application by
Mr. Brown. After a brief discussion, the Board moved to
approve the application as filed. The motion passed -
7 ayes, 0 noes, 1 absent and 1 vacancy.
July 18, 1983
Item No. 3 - Z-4049
Owner: Morgan Brookfield
Address: 26 Cascades Drive
Description: Lot 4, Block 3, Pleasant Valley
Addition
Zoned: "R-2" Single Family
Variance
Requested: Relief from Section 7-101.2D to
permit a seven -foot rear yard
encroachment for an addition.
Present Use of
Property: Single Family
Proposed Use of
Property: Same
STAFF RECOMMENDATION:
The existing residence sets well back from the street owing
to the topography of the site. The front yard slopes
downward from the house to the street at a very steep
manner, and the portion where the house is located plus the
rear yard is the only level part of the property. The
proposed addition will tie in to existing structural
elements and the floor plan within the existing structure.
Other locations are not possible to achieve the same result.
There are no other external structural difficulties with
other properties, and staff is recommending approval of the
variance as 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 passed - 7 ayes, 0 noes,
1 absent and 1 vacancy.
July 18, 1983
There being no further business, the meeting was adourned at
2:23 p.m.
Date
5ecr ary
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chairman