boa_08 21 1978LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY AND MINUTE RECORD
AUGUST 21, 1978
2:00 P.M.
I. Roll Call and Finding of a Quorum
There was a quorum present, being five in number.
II. Approval of the Minutes of the Previous Meeting
The minutes of the July Meeting were modified to
add three items to the record. On Item No. 5-Z-1090-B;
they were: 1. Correction of spelling on Mrs. Bullard's
name, an objector. 2. Adding a comment on the petition
of objection. 3. Setting ninety (90) days as maximum
on deferral.
The Board voted to approve the minutes as modified.
The vote: 5 ayes - 0 noes - 2 absent
III. Members Present: Jerry Wilcox
Sam Anderson
Winifred Whitfield
Ray Fureigh
Jim Summerlin
Members Absent: Kirby Smith
M.R. Godwin
City Attorney was present.
August 21, 1978
Item No. 1 - Z-3244
Owner:
Address:
Description:
Zoned:
Variance:
Present Use of
Property:
Proposed use of
Property:
Balch Motor Company, Inc.
by John Flake
Northwest corner of North Street
at State Street
Lots 3 and 4 of Block 183, Original
City of Little Rock
"D" Apartment
Request permission under the provisions
of Section 43-22-4-d to permit use of the property
as a parking lot.
Vacant/Paved
Parking lot
Staff Recommendation:
This request deals with the owner's desire to establish off-street
parking for his employees. The staff has ascertained that the parking
lot will not be used for storage of other vehicles and, on that basis,
is willing to recommend approval of this request subject to applicant's
complete compliance with all appropriate ordinances regarding landscaping,
screening, and design.
Board Action:
There were no objectors present and no letters of objection.
The owner was represented by John Flake.
After a brief discussion, the Board voted to approve the request as
recommended by staff. The vote: 4 ayes - 0 noes - 2 absent -
1 - abstention. Sam Anderson cast the abstaining vote.
August 21, 1978
Item No. 2 - Z-2146-A
Owner:
Address:
Description:
Present Zoning:
Variance:
Present Use of
Property:
Proposed Use of
Property:
Staff Recommendation:
Mary K. Young
by Maury Mitchell
6824 Asher Avenue
Tract A of the Schoolwood Subdivision
"F" Commercial
Request permission under the provisions
of Section 43-22-4-k to permit the location
of a wholesale type retail business
Abandoned service station - auto repair
Krispy Kreme Donut Company Store
The site plan submitted with this request indicates the company's intention
to encroach upon a platted 40 foot building setback line in order to
preserve the required 25 foot rear yard. The building to be constructed
on the site is presumably a standard configuration and design for the
Krispy Kreme Donut Company and, as such, is 94 feet front to rear.
In attempting to preserve the 40 foot front yard setback, it would be
necessary to seek waiver of the rear yard requirements to some degree,
assuming the owners desire to front on Asher Avenue. The entire setback
issue could be resolved by reorienting the building 90 degrees to front
westward on Bryant Street. The owner has elected to seek relief from
the Subdivision Committee on the platted 40 foot building line.
The staff recommends approval of the requested use subject to resolution
of the building line issues.
Board Action:
There were no objectors present and no letters of objection.
The applicant was represented by Maury Mitchell.
After a brief discussion, the Board voted to approve the request
as filed. The vote: 5 ayes - 0 noes - 2 absent.
August 21, 1978
Item No. 2A - Z-3251
Owner: Tomco Oil Company
Address: 12th and Monroe
Description: Lots 4, 5, and 6; Block 27; Cunningham's
Addition to the City of Little Rock, Pulaski
County, Arkansas
Zoned: "F" Commercial
Variance: Request variance from the front yard setback
provisions of Section 43-15-4 to permit reduction
of setback from 15 feet to 6 feet for construction
of a canopy.
Present Use of
the Property: Retail gasoline service station
Proposed Use of
the Property: Retail gasoline service station and convenience
store
Staff Recommendation:
The owner is requesting that a nine foot encroachment into the required
15 foot setback be allowed so that a canopy can be erected to protect
both sides of a gasoline pump island. The pump island to be protected
will be a redesigned facility in the location of an existing island
which is now set back 15 feet from the right-of-way as required. Another
pump island now existing between the above referenced island and the
existing building will be removed to provide parking for the convenience
store portion of this operation.
There is an existing canopy which extends from the building to cover the
nearer existing pump island - that which will be removed. The staff
feels that the existing canopy could be further extended to protect the
proposed new pump island. Such extension should not be allowed to
encroach into the 15 foot required setback.
The applicant has demonstrated no significant hardship or unique site
problem which warrants favorable consideration of this variance request.
The staff recommends denial.
Board Action:
There were no objectors and no letters of objection. The owner was
not present.
After a bried discussion, the Board voted to approve a motion to defer
the request to the September meeting in order to allow staff and applicant
to work the design plan which may resolve the issue. The vote:
5 - ayes - 0 noes - 2 absent.
August 21, 1978
Item No. 3 - Z-1859-H
Owner: Rector Phillips Morse, Inc.
Address: South side of "0" Street at
the south end of Fillmore Street
Description: Lot 4-B-1, Hillside Village
Currently Zoned: "E-l" Quiet Business
Variance: Request a variance from the yard setback
provisions of Section 43-14 of the Code
of Ordinances to permit rear and side yard
setbacks less than required.
Present Use of
Property:
Proposed Use of
Property:
Vacant
Office buildings
Staff Recommendation:
The staff has previously made the Board aware of the problems and issues
involved in this particular piece of property. The developer is presently
pursuing a variety of possible resolutions to his problems, and we will
be able to provide the Board of Adjustment with up-to-date information
as we learn of it.
Board Action:
There were no objectors and no letters of objection. The applicant
was not present.
Staff reported that the applicant has redesigned his layout and added
additional land to the site in such a fashion that a variance is no
longer needed.
The Board voted to defer the request until September in order to
determine if a building permit has been issued. The vote: 5 ayes -
0 noes - 2 absent.
August 21, 1978
Item No. 4 - CONDITIONAL USE PERMIT REQUEST - Z-3237
Owner: Dr. Lem Clement
Address: 900 Block on the east side of
McAlmont Street
Description: Part of Masonic Addition
Zoned: "HR" High Residential
Variance: Request a conditional use permit
to be issued under the provisions
of Section 43-30 of the Code of
Ordinances to permit a restaurant
of non drive-in nature.
Present Use of
the Property: Vacant
Proposed Use of
the Property: Pizza Hut
Staff Recommendation:
Note: This item was deferred in July at the applicant's request.
This request is simple in nature and exactly the same as that
dealt with by the Board for the Pancake House location adjacent
on the north. However, several items complicate this request.
First, of which, is a resolution by the Board of Directors
adopted in April, 1976, which requested that the Board of
Adjustment not issue conditional use permits for other than
"E-l" type uses on properties adjacent to MacArthur Park.
Second is a strong well -organized neighborhood association
which opposes any commercial intrusion upon the park. The
property, which this is a part, has a long and controversial
history of some ten years. The present circumstances are the
result of a Board of Adjustment request for a similar type of
use, being the Pancake House. A public hearing on this issue
continued over a period of months and eventually ended in a
court case filed by neighbors.
The above in mind, the Planning Staff sees two options available to the
Board:
1. Deny the request and follow the directive of the
Board of Directors.
2. Defer the application and ask specific directions from
the Board of Directors, since their resolution is a request
and not a prohibition.
The staff sees no option to approve the request at this time due to the
conflict with Board policy. We would recommend denial of the application.
August 21, 1978
Item No. 4 continued ...
Board Action:
A letter was received from the applicant's attorney requesting a
deferral until September in order to provide additional negotiating
time with opposing parties. The Board voted to approve the deferral
request by a vote of 5 ayes - 0 noes - 2 absent. Editor's note:
It was noted that Ms. Atalee Walrod and two other persons were present
but made no comment.
August 21, 1978
Item No. 5 - Z-3192
Owner: Samuel Smith
Address: 5409 "L" Street
Description: Part of Block 2 Hollenberg Addition
Currently Zoned: "A" One Family District
Variance: Request a variance from the side yard setback
provisions of Section 43-12 of the Code of
Ordinances to permit a room addition with 0
feet setback.
Present Use of
Property: Single Family
Proposed Use of
Property: Same - with additional floor space
Staff Recommendation:
On July 25, the day following the July Board of Adjustment meeting, the
owner came to City Hall believing that to be the hearing date. Staff
determined through conversations with Mrs. Smith and review of the case
file that her contractor has complied with the notice requirements and
other aspects of the ordinance. The owner simply did not receive correct
information regarding the hearing date. Therefore, Mrs. Smith once
again requests permission to address the Board regarding this variance
issue. Staff will respond regarding recommendations as required.
Board Action:
There were no objectors.
The owners were present as was their contractor, Paul Smith.
The Board was presented with the formal request by Mr. Paul Smith.
The Chairman asked for a motion on the request. The motion was made
to deny the reconsideration of the request. The motion passed by a
vote of 5 ayes - 0 noes - 2 absent.
August 21, 1978
Being no further business, the Board adjourned at 2:15 p.m.
Date: 911117 4?
Secretary