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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