boa_01 23 1978LITTLE ROCK BOARD OF ADJUSTMENT MINUTE RECORD
JANUARY 23, 1978
2: DO P. M.
I. Roll Call and Finding of a Quorum.
A quorum was present being six in number.
II. Approval of Minutes to the Previous Meeting.
Minutes of the previous meeting were approved as mailed.
III. Members Present: J. Summerlin
J. Wilcox
K. Smith
S. Anderson
R. Fureigh
M. R. Godwin
Member Absent: R. Shell
City Attorney: Riddick Riffel
January 23, 1978
Ttem No. 1
File No.: Z3190
Owner: Sam Dickson
By Fletcher Clement
Address: 1100 Block South on the East Side of
Rodney Parham
Description: Long Legal
Zoned: "F" Commercial District
Variance: 1. Request permission under the provisions of
Section 43m22¢4(-k) of the Little Rock
Code of Ordinances to permit the location
of a wholesale business of a retail nature.
2. Request variance from the enclosure provisions
of Section 43m22m4(-k) of the Little Rock
Code of Ordinances to permit open storage
of merchandise.
Present Use
of the Property: Vacant
Proposed Use
of the Property: Wholesale, retail outlet
Staff Recommendation:
This request is one of a rare type of conditional uses that have occurred
probably no more than six times since the adoption of the ordinance
section allowing such requests.
That ordinance change dates to April 1963. The ordinance states that
the Board of Adjustment may allow location of a wholesale business in an
"F" Commercial zone provided such use is of a retail nature as determined
by -the Board and where such use is wholly contained within a building.
The use as proposed is principally retail as far as we can determine,
but there is apparently some thought of open storage of materials. The
site on which the use is to be located has several excellent points in
favor of the request. It is abutted by a large cemetery on the east,
I-630 on the north, and arterial streets on the west and south.
Land uses in the immediate area are somewhat mixed with the predominate
being light industrial. Most of the nonresidential zoning nearby is "H"
or "I" Light Industrial.
Item No. 1 continued
Staff review of the request has revealed only one area about which we
are concerned. This is the open paved storage to the north of the
building. The ordinance clearly does not permit.such open storage.
The staff feels that the wording of this section of the ordinance does
not allow the Board of Adjustment to permit open storage as a variance.
We recommend that the variance/conditional use be permitted as proposed
except for the open storage. We would suggest that open storage, covered
by shed -type structures might be construed to be within a building. If
the plan could be modified to include this, we would recommend approval.
These sheds would be required to conform to ordinance as well as location
and setback. The staff feels that large open asphalt surfaces such as
proposed should be heavily screened and landscaped. We suggest a landscaping
plan be submitted detailing the type and size of the materials to be
used.
Board Action:
There were no objectors present. The owner was represented by Fletcher Clement
and Sterling Grover.
After a discussion of the applicant's options and the Board's prerogatives
in the case, a motion was made to approve the request as recommended by
the staff.
Before a vote was taken on that motion, an amending motion was made
clarifying and changing the description of open storage to be an area
fenced six feet in height and opaque in nature. This would encompass
all open stored materials.
The amending motion passed by a vote of 5 ayes m 0 noes m 1 absent m 1
abstention (Sam Anderson).
The original motion as amended was then voted upon and approved by a
vote of 5 ayes ® 0 noes m l absent m l abstention (Sam Anderson).
EDITOR'S NOTE: The application is approved as submitted except all open
storage shall be screened by a six-foot high, opaque
fence and all areas paved shall conform completely with
the Zoning Ordinance provisions concerning landscaping.
January 23, 1978
Item No. 2
File No..
Owner:
Address;
Z2601-A
Inez Ward
By Ronald Burrow
2320 Barrow Road
Description° Long Legal
Currently Zoned: "C" Two Family District
Variance: 1, Request permission under provisions of
Section 43-22-4(-d) of the Little Rock
Code of Ordinances to permit location of
daycare center.
Present Use
of the Property:
Proposed Use
of the Property:
Residence
Daycare Center
Staff Recommendation:
The variance approach was taken to allow a daycare center rather than
attempt the rezoning of the site. The property was denied "Eml'" rezoning
some five or six years ago and was rezoned "C-2" Family.
At that time "C" zoning allowed the types of use now proposed, and the
Planning Commission felt that some quasi -public or educational use was
better suited to the site.
Since that time "C" zoning was amended to delete those kinds of uses
thereby requiring a variance to use this site as such.
At this writing, the specific plan for development has not been submitted
but will be before the meeting.
This will afford time for other City departments such as Engineering and
Traffic to note problem areas and respond. The Planning Staff is prepared
to recommend approval of the request subject to the following°
1. A six-foot board fence be erected along the entire west
property line except from the street. property line to a point
25 feet setback from the right-of-way. It should be limited
to 30 inches in height or whatever height is necessary to
allow the neighbor on the west good visibility from his driveway.
2. Paving all drives and parking in accordance with the ordinance.
3. Approval of access points to streets by the Traffic Engineering
Division.
Item No. 2 continued
4. Pick up and delivery for children to be on the site with
sufficient space to prevent street blockage.
5� Fire Department approval of on -site provision of fire protection
and water service.
Board Action:
There were no objectors present. The owner was -represented by Mr. Burrow.
After a brief discussion, the Board voted on a motion to approve the
request as recommended by the staff. The motion passed by a vote of 5
ayes m 0 noes -1 absent m I abstention (Ray Fureigh).
EDITOR°S NOTEz The applicant was advised that the existing chain link
fence was not required to be removed and, if possible,
could be used to mount the six-foot pickets for the
required screening fence along the west property line.
January 23, 1978
Item No. 3 - OTHER MATTERS
Election of officers for the calendar year 1978.
Board Action -
By acclamation, the Board of Adjustment elected as officers for the
calendar year 1978-
Jerry Wilcox as Chairman
and Jim SUmmerlin as Vice -Chairman
There being no further business the meeting was adjourned at 2:40 P.M.
Attest o 1 I -1 .
Approve- ----"'"�
s� • T. / _Seer Lary