boa_04 17 1978LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY AND MINUTE RECORD
APRIL 17, 1978
2:00 P.M.
I. Role call and finding of a quorum.
A quorum was present being six in number.
II, Approval of the minutes of the previous meeting.
The minutes of the
March meting were approved as mailed.
Members Present:
Jerry Wilcox
James Summrl i n
Ray Fureigh
M. R. Godwin
Kirby Smith
Samuel Anderson
Members Absent:
Robert Shell
City Attorney:
Riddick Riffel
April 17, 1978
TtPm No. 1
File No.: Z-3211
Owner: Joseph Kaufman
Address: 5806 B Street
Description: Long Legal
Zoned: "E-l" Quiet Business
Variance: Request a variance from the front yard
open space provisions of Section 43-20 of the
Code of Ordinances to permit an encroachment of
a parking area into the front yard setback.
(10 ft. into 25 ft. setback)
Present Use of the
Property:
Proposed Use of the
Property:
Staff Recommendation:
Vacant
Construct a five -unit apartment building.
This applicant proposes the construction of a five unit apartment building
on the only vacant lot on this side of "B" Street for more than a block.
The structure would be two story located well to the rear of the lot and
provide all required parking in front of the structure.
This lot has an encroachment which restricts to a certain degree the lot
width. The encroachment is a fence along the west line which causes
this lot to be reduced to 47 feet on the rear.
All of the houses on both sides of this lot are aligned at approximately
25 feet setback and should this variance be allowed parking lot would be
a significant break in the generally well maintained front yards.
Before stating staff recommendations, we would like to point out that
for a number of years there has been disagreement between persons on
City staff and in the development community concerning how and when you
could use front setback in "E-l" zoning for parking spaces.
The "E-1" District, when originally drafted in 1958, was designed to be
used in the older areas such as Broadway and Hillcrest for redevelopment
of older structures. The basic "E-l" development would be a large older
home being converted to a professional office use and maintaining the
residential character of the surroundings.
Item No. 1 (Cont.
In recent years, "E-l" zoning has been amended and interpreted to cover
many new development types. 'It has been used to locate large office
structures such as the Prospect Building in a residential setting with
parking in the front yard setback.
The block in which this proposal lies contains mostly single family and
some vacant lots. The east one-third of this large block is zoned "D"
Apartment and occupied by one family dwellings. The middle one-third is
zoned "E-l" and occupied by one family dwellings. The west one-third of
the block is zoned "B" Residence and generally vacant with several
single family dwellings and a sheet metal shop.
As is apparent, this block is a mixture of confusing relationships which
the Ordinance does not adequately deal with. The staff feels that with
the variable interpretation of outdated Ordinances and their provisions
and mixture of zones in the block, that the benefit of doubt should be
given the existing residential use. This use has held intact in the
face of many past rezoning actions.
We would recommend that the variance be denied and that the owner seek a
design which would allow sufficient room for some rear yard parking
area. This may involve decreasing the number of units which is presently
proposed at approximately 30 units per acre density.
Board Action:
There were several objectors present. There were nine letters of objection
filed. Three persons present spoke on the issue. The applicant was
present, Mr. Jett Ricks, as was his engineer, Finley Williams. A
lengthy discussion was held followed by a motion to approve a modified
setback encroachment. This motion would allow a five foot involvement
by parking and leave a 20 foot front yard. This motion failed from lack
of a second. A substitute motion followed which was denial of the
application entirely.
The substitute motion passed by a vote of 6 ayes - 0 noes - 1 absent.
April 17, 1978
Item No. 2
File No.:
Owner:
Address:
Description:
Zoned:
Z3187-A
Dorothy Dukes and Andrew Murry
1900 Wolfe Street
Part of Block 8, Moore and Penzil Addition
"C" Two Family District
Variance: Request permission under the provisions of
Section 43-22 of the Code of Ordinances to
allow a daycare center in a "C" Two Family
zone.
Present Use of the
Property:
Proposed Use of the
Property:
Staff Recommendation:
Unused residence
Remodel to locate daycare facility.
This application is before the Board as the result of the denial of "D"
Apartment zoning on the Planning Commission Agenda in 1977.
(A memo from the Planning Commission is attached to this agenda conveying
the recommendations and concerns of that body.)
Planning Staff in reviewing the rezoning requests on this property and
discussing the proposal with objectors determined the Board of Adjustment
could better deal with the issues involved.
Since we have recommended the variance/conditional use permit route, it
is apparent we support the request. However, we feel there are some
conditions which should be met in order to soften introduction of this
use into a predominately residential area.
We would recommend that:
1. All exterior play areas be screened by a 6 foot board fence on
both sides facing residential lots.
2. A paved parking area be provided for employees at a ratio of
one space per employee.
3. A driveway of circular design be constructed to provide pick
up and delivery of children off-street. This driveway location
is to be approved by Engineering.
4. Vehicular activity such as parking, drives, etc., to be generally
removed from the front yard or north side yard. This would
maintain -a residential character around the structure on its
street side.
April 7, 1978
Item'No. 2
Board Action:
There were several objectors present. Two spoke on the issue. There
were three letters of objection submitted. The applicant was present as
was her attorney. After a general discussion of the issue, the Board
voted on a motion to approve the request as recommended by staff.
The motion passed by a vote of 4 ayes - 2 noes - 1 absent.
April 17, 1978
Ttom Nn_ 3
File No.: Z-3205
Owner: John and Sheila VanCura
Address: 4315 Kenyon Road
Description: Lot 5, Block 15, Hillcrest Addition
Zoned: "A" One Family District
Variance: Request a variance from the sideyard
setback provisions of Section 43-12 of the Code
of Ordinances to allow a sideyard of 3.9 feet
rather than the 5 feet required.
Present Use of the
Property: Residence
Proposed Use of the
Property: Remain same - add bedroom and bath
to present structure.
Staff Recommendation:
This request is one of a very simple nature. The owner proposes to add
additional floor space, but in order to avoid an offset in the east side
of his house, a 1.1 1t. variance is required.
The addition could be made under a special exception in the Ordinance if
the offset were used. However, construction problems could be realized
if the addition is moved further west because of a porch existing on the
south side of the house.
We see no problems with the proposal as the structural separation on the
east is good. We recommend approval of the application as filed.
Board Action:
There were no objectors present. The applicant was present. After
a brief discussion of the request, the Board voted to approve the
request as filed. The vote: 6 ayes - 0 noes - 1 absent.
April 17, 1978
Item No. 4
File No.:
Owner:
Address:
Description:
Zoned:
Z-3210
Mrs. Omar Bentley
2520 State Street
Lot 8, Block 17, Kimbell's South Park Addition
"C" Two Family District
Variance: Request permission under the provisions of
Section 43 of the Code of Ordinances to permit
the location of a philanthropic use in a residential
zone.
Present Use of the
Property: Residence
Proposed Use of the
Property; Organizational headquarters of Human Development
Foundation of America
Staff Recommendation:
This request is filed under the provision of the Zoning Ordinance whereby
certain uses may be'allowed by -the Board if the proposal is consistent with
neighborhood uses and relationships.
Use proposed is chartered by the State of Arkansas as a nonprofit use and
has been declared tax exempt by the Internal Revenue Service.
Foundation has submitted a lengthy letter which details the Organization
and its intent and purpose. A copy of this letter will be provided the
Board Members.
We have examined the request to the extent we have been able and find the
use as proposed acceptable for the location chosen.
The lot and house to be used are ideally located for the use since nonresidential
in the form of a large office and parking lot are across State Street. The
U.S. Post Office occupies three lots at the north end of the 2500 Block on
the west side. The only remaining uses in the block are apartment houses on
each side of this lot.
We suggest that this is an appropriate location and would recommend its approval
subject to compliance with off-street parking and other applicable provisions
of the Zoning Ordinance.
Board Action:
This applicant failed to pay his filing fee or notify adjacent property
owners as instructed. The Board of Adjustment voted unanimously to defer
this case until the May meeting. The applicant was instructed to pay
the filing fee and proceed as otherwise instructed.
April 17, 1978
Item No. 5
File No:
Owner:
Address:
Description:
Zoned:
Z-2628-D
Capitol Savings and Loan Association
One hundred block South Shackleford Road,
west side of street
Tract 1 of a replat of Tract 13, West Markham
Street Subdivision
"F" Commercial District
Variance: Request a variance from the screening provisions
of Section 43-21 of the Code of Ordinances to
permit the deletion of parking lot screening.
Present Use of the
Property:
Proposed Use of the
Property:
Staff Recommendation:
Vacant
Construct motel and restaurant
This request involves a tract of land lying between two parcels which
were granted the same type of screening waiver at the March Board Meeting.
This tract shares similar relationships to adjoining properties on the
east and north as those two tracts. However, this parcel has a lengthy
boundary on the west with a nursing home property. It is this boundary
where we feel the commercial strip along Shackleford Road should provide
significant protection to adjacent owners.
We recommend that the waiver along Shackleford Road be granted, but only
if tied to an enhanced screen along the west line to reduce the effect
of activity around the service entrances and pool area. We would suggest
a 6 ft. board fence be used with adequate protective devices in the
parking and maneuvering area to ensure vehicles do not strike the fence
when maneuvering.
Board Action:
There were no objectors present. The applicant was represented by
Ronnie Hall of Garver and Garver Engineers. After a brief discussion,
the Board voted to approve the request as recommended by staff. The
vote: 6 ayes - 0 noes - 1 absent.
April 17, 1978
Ttam Nn F
File No. Z-3212
Owner: Cromwell Courts, Inc.
Address: 514-518 East 8th Street
Description: Long Legal
Zoned: "HR" High Density Residential
Variance: There are three variances on this item.
1. Request a variance from the provisions of
Section 43-2 of the Code of Ordinances to
permit more than one main structure on a
lot.
2. Request a variance from the yard setback
provisions of Section 43-34 of the Code of
Ordinances to allow expansion of a development
with non -conforming setbacks.
3. Request a variance from the off-street
parking provisions of Section 43-21 to
allow less than the required number of
parking spaces. (Six less than required.)
Present Use of the
Property: Multi Family structures
Proposed Use of the
Property: Expand present development by adding new
buildings. Following is an outline of the plan
of development as proposed.
Total Buildings = 11, 5 existing and 6 new
Total Units = 36, 24 in existing buildings, 12 in
new buildings.
Total Parking = 36, 14 existing, 22 new.
Six on -street spaces are counted as possible but
not allowed by Ordinance. Five on -site spaces
are less than Ordinance requirement.
Required Parking = 42
Livability Space Ratio Required = .22, provided .62.
Open space not occupied by buildings = 69%.
Building Coverage = 31%.
Item No. 6 (Cont.
Staff Recommendation:
The staff review of this proposal has not revealed a problem of significance.
The three variance requests are simple and in a new development with no
existing buildings would present little problem in design. However,
they are tied together in this request due to five existing buildings,
some of which provide minimum spaces in which to design parking.
The on -site parking is the only issue we would raise. The parking
provided probably will serve the development's real need, but any requirement
for visitor cars or. recreation vehicles will create a problem.
The owner is believed to be pursuing additional parking space nearby and
even suggests some on -street parking is available for use by this development.
Recent contacts with persons living in the area reveal that on -street
parking is time limited and except during late hours is occupied by
persons working nearby.
The staff recommends approval of the requested variances and a site
development plan subject to the owner pursuing acquisition of additional
off-street parking space sufficient to meet the ordinance required
minimum. The staff commented in the public hearing that this parking
space issue was not a conditional item which would cause delay or in any
way impede the issuance of any building permits.
Board Action:
There were no objectors present. The owner was represented by an associate,
Mr. Tom Wilkes. After a brief discussion of the issues, the Board voted
to approve the plan as submitted and the associated variances. The
vote: 5 ayes - 0 noes - 1 absent - 1 abstention.(Samuel Anderson)
There being no further business, the meeting adjourned at 3:15 p.m.
DATE:
CHAIRN