boa_07 24 1978LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY AND MINUTE RECORD
JULY 24, 1978
2;00 P.M.
I. Roll Call and Finding of a Quorum
A quorum was present being five in number.
II. Approval of the Minutes of the Previous Meeting
The minutes of the June Board meeting were
approved as mailed.
III. Members Present: Sam Anderson
M. R. Godwin
Ray Fureigh
Kirby Smith
Winifred Whitfield
Members Absent: Jim Summerlin
Jerry Wilcox
City Attorney: Riddick Riffel
and Jack Magruder
July 24, 1978
Item No. 1
File No.: Z-3220
Owner: Cumberland Presbyterian Church
Address: 7201 Mabelvale Pike
Description: Long Legal
Currently Zoned: "A" One Family District
Variance: Requests permission under the
provisions of Section 43-22-4-d
to permit a day-care center.
Present Use of the
Property: Day-care center.
Proposed Use of the
Property: Day-care center.
Staff Recommendation:
This request is the result of a rezoning application which the Planning
Commission felt inappropriate. The staff, at the time of filing, advised
the petitioner to seek rezoning as the past land use plans and Commission
actions indicated that to be the proper route.
The staff's recommendation to the Planning Commission reflected a change
in thinking and suggested Board of Adjustment as being proper procedure.
The Planning Commission followed the staff recommendation, and this
petitioner now requests a conditional permit to allow the current day-
care operation as it presently exists. No changes are proposed by the
applicant.
The staff completely supports the request and recommends its approval
with no conditions.
Editor's Note: For the record, there were several letters from neighbors
objecting to the rezoning of this property, however, the
use is in place and has been for some time. A Board of
Adjustment approval for continuation of the use will not
be considered a reclassification which was the principal
concern of neighbors.
Board Action:
There were no objectors present. The owner was present. The Board
voted to approve the conditional use as filed. The vote: 5 ayes - 0
noes - 2 absent.
July 24, 1978
Ttam Nn_ 2
File No.: 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 the
Property: Vacant
Proposed Use of the
Property: Office buildings
Staff Recommendation:
This request was created by a site plan which the owner devised to
accomplish a two -building development on this lot. The building, as
proposed, encroaches into the side yards on the east and west, as well
as the rear yard on the south.
The south, or rear yard encroachment, is 20 feet into a required 25 foot
space. The east and west side yards are required by ordinance to be
21.4 feet, or 10 percent of lot width. East is proposed at 10 feet ±,
and the west is proposed at 5 feet.
The supporting statements of the owner of this property at the time of
subdivision were to the effect that there would be a small office type
use with little impact on this dead end street.
The staff had opposed platting an "E-1" lot with the type of access
provided by Fillmore Street. This proposal and the intensity of development
indicated is evidence that our concerns were well founded.
A staff review of the proposal suggests that the proposal is too intense
and will be excessive ground cover by buildings and parking.
We feel that the proposal is out of line and that hardship cannot be
proven in this instance. Hardship is the basis on which the zoning -
Ordinance provides for variances or exceptions. The staff recommends
denial of the request.
Board Action:
After a brief discussion, it was determined that proper notice was not
mailed and that a deferral was required. The Board then voted to defer
the application until August 21, 1978. The vote: 5 ayes - 0 noes - 2
absent.
July 24, 1978
Item No. 3
File No.: Z-3232
Owner: Don Weems
Address: 2201 Commerce Street
Description: The north 43.33 ft. of Lot 1,
and the west 41.5 ft. of the north
43.33 ft. of Lot 2, all in Block 408,
Duvalls Addition.
Currently Zoned: "C" Two Family District.
Variance: Request permission under the
provisions of Section 43-22-4-d
of the Code of Ordinances to permit
a day-care center.
Present Use of the
Property: Single Family Residential
Proposed Use of the
Property: Day-care Center.
Staff Recommendation:
This request is the result of the applicant not having been allowed a
privilege license to operate a day-care center. The applicant approached
this office for resolution of the problem. We advised this procedure
as we felt the zoning plan for the area, as well as persons from the
model cities/C.D.B.G. group, would not support "D" Apartment zoning.
The Human Resources Office, Nat Hill, stated that no objections would
be forthcoming but expressed concern over the size of the property and
the structure.
A site inspection reveals a set of circumstances which staff does not
believe are suitable for a location of this use.
1. Structure is a small residence, poorly sited for a day-care
center.
2. There is little space on this site for employee parking or
drop off driveway space for children.
3. There is little open space or playground area on the site
and the adjacent lots are built up with residential structures
that could be affected by a playground in a confined space.
The staff recommends denial of the request and suggests the applicant
seek a site better suited for the intended use.
July 24, 1978
Item No. 3 continued...
Board Action:
There were no objectors present, and no letters of objection. The owner
was present. After a brief discussion of the issues, the Board voted to
deny the request. The vote: 4 ayes - 1 no - 0 absent.
July 24, 1978
Ttom Nn a
Fi le No.: Z-3233
Owner: J. Wythe Walker, Jr.
Address: 624 S. Cedar Street
Description: Lot 9, Block 3, Rayburn and Wrights
Addition
Currently Zoned: "Y Apartment District
Variance: Request permission under the
provisions of Section 43-22-4-d
of the Code of Ordinances to permit
a parking lot in a residential zone.
Present Use of the
Property: Vacant
Proposed Use of the
Property: Parking lot for apartment structure
across the street.
Staff Recommendation:
This request is the result of the owner having sold parking spaces which
were required for the apartment house existing south of Seventh Street
and to the west.
At the time of construction of this 20 unit apartment development, all
City codes and ordinances were complied with. The owner apparently was
unaware of a requirement that all parking spaces be on a like kind of
zoned land adjacent or abutting the use to be served.
The lot in this request is properly zoned but separated from the use
to be served by a street right-of-way. This makes the parking a principal
use of the land and requires a variance or rezoning to a commercial
classification.
In as much as commercial zoning would be inappropriate at this location,
the staff suggested the variance procedure. Staff has made a site inspection
and finds no problem with the requested variance; however, there are several
issues associated with the existing parking which is provided along
Elm Street west of the apartment. These are:
1. No permanent surfacing is provided.
2. Parking stalls back into an open, dedicated street
which should be closed.
3. Parking stalls violate the prohibition against parking
in the front yard.
July 24, 1978
Item No. 4 continued...
4. Reconstruction of this surfaced area for parking should incorporate
provisions for adequate drainage and a proper driveway entrance
off West 7th Street.
5. These spaces, plus the eight parking spaces proposed on the
new lot, do not equal the required 20 spaces. Additional
parking stalls should be provided on the new lot to compensate
for the difference.
We recommend the variance be granted subject to:
1. Resolution of the five points outlined.
2. That no structural use be made of the lot while serving as
required parking.
3. Complete compliance with the Parking Ordinance on all new
areas.
Board Action:
There were no objectors present. There were five letters of objection.
The applicant was present. After a brief discussion, the Board voted to
approve the request as recommended by the staff. The vote: 5 ayes -
0 noes - 2 absent.
July 24, 1978
T tam Nn _ 5
File No.: Z-1090-B
Owner: Arkansas Enterprises for the Blind, Inc.
Address: 2823 S. Tyler Street
Description: Part of Blocks B and E of C.O. Brack's
Addition.
Currently Zoned: "B" Residence District
Variance: Request permission under the
provisions of Section 43-22-4-d of
the Code of Ordinances to permit
a use of the building by a philanthropic
use.
Present Use of the
Property: Classrooms/Offices/etc.
Proposed Use of the
Property: Classrooms.
Staff Recommendation:
This request is before the Board as the result of actions of the
Zoning Enforcement Section. The residence occupying this lot has
been used for accessory activity of the Arkansas Enterprises for the
Blind operation. The exact period of time is not known by this office
except that its use was noted on several past occasions when this office
was reviewing variance requests.
There have been, over the past 20 years +, several significant variances
granted to AEB.
In order to allow expansion from the original one building and one lot
occupancy to the present multi -structured, multi -faceted operation,
many exceptions to the Zoning Ordinance have been granted.
We have established from past records and tax records, information
that suggests there are numerous parcels of land within a two block
radius of the principal building that are owned by AEB.
This suggests once again that an overall plan for future growth should
be required before extending an additional variance. We feel this is
needed due to increasing traffic congestion, lack of off-street parking,
increased traffic, generation from this site, and an apparent decline
in livability in the adjacent residential area.
July 24, 1978
Item No. 5 continued...
The existing principal building is at a point which we believe suggests
the next major expansion will require moving across an abutting street
onto an adjacent block.
We feel that before that time, we need to deal with the long-term effects
of the potential of that move.
A request for a plan for this development was made by the Board at its
meeting granting the parking lot variance at the -southeast corner of
this intersection. The request was conditioned by a statement to the
effect that the Board did not desire to deal with further spot developments
until such a plan was pres-ented.
The Planning Staff has contacted the AEB representative and advised him
that the development plan issue would be raised and that some provision
should be made to deal with the issue. At this writing, we have not
received a response.
The request before the Board at this time does not greatly concern the
staff as to its use or implications; however, we feel any approval
should be delayed until resolution of an overall development plan.
Board Action:
There was one petition submitted by Mrs. J. D. Bullard with 52 signatures
of objection.
There were several objectors present. Several objectors addressed the
issues. These persons were:
Mrs. J. D. Bullard
Mr. Nelson Elliott
and Mrs. Nelson Elliott
Mrs. Duncan
City Director Myra Jones was present and expressed concern over this request
and its implications. The applicant was represented by Mr. Hanson and
Mr. Merrick. After a lengthy discussion and all sides having been heard, the
Board voted to defer the request up to 90 days maximum, or as needed, in order
to prepare a comprehensive plan for Arkansas Enterprises for the Blind. The
applicant was directed to work with staff and develop the proposal with which
they are to return to the Board. The vote: 5 ayes - 0 noes - 2 absent.
July 24, 1978
Item No. 6
File No.: Z-2242-A
Owner: Bing Bennett by Maury Mitchell
Address: 2202 Watt Street
Description: Part of Block 19, Bellvue Addition
Currently Zoned: "F" Commercial District
Variance: Request permission under the provisions
of Section 43-22-4 of the Code of
Ordinances to permit a public garage
in a commercial zone.
Present Use of the
Property: Vacant commercial building.
Proposed Use of the
Property: Auto repair.
Staff Recommendation.:
This applicant proposes to locate an automobile repair establishment
on this site which was a fishing supply sales outlet. The property
has a zoning history which began in 1969 at which time the church
occupying the lots attempted to rezone this property to "E-l" and
was denied.
A second rezoning action occurred in 1971 at which time the church
attempted to rezone the property to "F" Commercial. The request was
approved by the City Board after numerous hearings. However, the
request was opposed by the neighborhood, Planning Commission, and
staff.
Buildings on the site at the time were frame structures, one of which
has been removed. The building now existing on the site has been
recently occupied by a retail outlet which recently abandoned the
structure.
The proposal was usage of a brick and frame building which we believe
is not properly constructed for the type of use intended. The Building
Permits Office advises that under certain circumstances, this building
would be prohibited for use of the type intended by this applicant.
Should the Board approve the request, a thorough structural investigation
would be required before issuance of any permits.
The staff review has not revealed a case for approval of industrial
uses on this corner.. There are critical traffic relationships presently
existing on Watt Street. These relationships are due to existing fast
food service and kindergarten uses on the adjacent streets.
The Planning Staff strongly recommends against approval of this variance.
July 24, 1978
item no. 6 continued...
Board Action:
There were two letters of objection and one person present objecting to
the request. The applicant was present. After a brief discussion, the
Board voted to deny the request. The vote: 5 ayes - 0 noes - 2 absent.
July 24, 1978
Item No. 7
Fi1e No.: Z-3235
Owner: Carol Wilkins
Address: #5 Beverly Place
Description: Part of Block 3, Walthour and Wilburns
Replat
Currently Zoned: "A" One Family District
Variance: Request a variance from the setback
provisions of Section 43-12 of the
Code of Ordinances to permit a side
and rear yard less than required.
Present Use of the
Property: Single Family
Proposed Use of the
Property: Maintain single family with additional
floor space.
Staff Recommendation:
This request is simple in nature and presents no problems. At first the
reaction of staff to this proposal was adverse; since that time we have
been advised that the 10 foot driveway area on the north side of the
proposed addition is permanent open space and would serve as a
side yard, even though owned by an adjacent property owner. The original
concerns of staff were related to a two-story addition being placed on a
property line. These concerns are set aside by this 10 foot open space.
The staff recommends approval of the application as filed.
Board Action:
There were no objectors and no letters of objection. The applicant
was present. After a brief discussion, the Board voted to approve
the request as filed. The vote: 5 ayes - 0 noes - 2 absent.
July 24, 1978
Item No. 8 CONDITIONAL USE PERMIT REQUEST
File No.: Z-3237
Owne r :
Address:
Description:
Variance:
Present Use of the
Property:
Proposed Use of the
Property:
Staff Recommendation:
Dr. Lem Clement
900 Block on the east side of McAlmont
Street
Part of Masonic Addition, zoned "HR"
High Residential
Requests a conditional use permit
be issued under the provisions of
Section 43-30 of the Code of Ordinances
to permit a restaurant of nondrive-in
nature.
Vacant
Pizza Hut.
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 requests 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, of 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. 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, 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 the Board policy. We would recommend denial of the
application.
July 24, 1978
Item No. 8 CONDITIONAL USE PERMIT REQUEST continued...
Board Action:
There were several objectors present. The applicant was represented
by Jack Williams, attorney. Mr. Williams requested that a delay until
August 21 be granted due to only five Board members being present.
The Board accepted the request and voted to defer the application.
The vote: 5 ayes - 0 noes - 2 absent.
July 24, 1978
Item No. 9
File No..
Owner:
Address:
Description:
Currently Zoned:
Variance:
Present Use of the
Property:
Proposed Use of the
Property:
Staff Recommendation:
Z-3192
Samuel Smith
5409 "L" Street
Part of Block 2, Hollenberg Addition
"A-l" Family District
Requests a variance from the side
yard setback provisions of Section 43-12
of the Code of Ordinances to permit
a room addition with a 0 ft. setback.
Single Family
Same, with additional floor space
This application was presented to the Board of Adjustment at its meeting
in May and was denied. The owner requested a reconsideration of the
variance at the June meeting and was granted approval to refile. For
the record, staff restates its previous recommendation and again recommends
denial.
This applicant proposes to add approximately 200 square feet to his
residence. The addition would be constructed with 0 feet of setback
on Tyler Street. This lot is considered to be a reverse corner lot
by the Zoning Ordinance and. as such, is required to provide a side yard
on the street side equal to one-half of the front yard required on that
block. Present house barely meets that requirement.
When first confronted by this applicant and his proposal, staff indicated
no significant problem was expected. After a site inspection, our opinion
was significantly modified. As we expected, corner houses of "L" Street
and Tyler do face north and share a side relationship across Tyler Street.
The remaining houses along Tyler Street and with small variation provide
the required setback per ordinance. Residents that could be affected
by this addition is the lot immediately to the south. This house has
good setback and is closely aligned with the remaining houses on the
block.
There appears to be several options open to this owner to the rear of
the residence which could serve as well.
The staff feels that since this is a reversed corner lot, some commitment
should be made to maintain the front yard relationships on Tyler Street.
The staff recommends denial of the request and suggests the owner pursue
other options.
July 24, 1978
Item No. 9 continued...
Board Action:
There were no objectors present. The owner was not present. The
Board, as is their policy, did not deal with the request. In light
of the fact that no one has been present to represent this issue on
the last two occasions, the Board determined that a denial was in order.
The Board voted to deny the request. The vote: 5 ayes - 0 noes - 2
absent.
Editor's Note: On July 25, the day following the Board of Adjustment
meeting, the owner of this property came to City Hall
believing that to be the hearing date. The Planning
Staff determined through conversations with Mrs. Smith,
and reviewing the file, that her contractor has complied
with the notice requirement and other requirements of
ordinance. The owner simply did not get the correct date.
July 24, 1978
Item No. 10 REQUEST FOR SPECIAL CONSIDERATION
File No.: Z-3092
Owner:
Address:
Description:
Currently Zoned:
Variance:
Present Use of the
Property:
Proposed Use of the
Property:
Staff Recommendation:
Geyer Springs Church of Christ
6009 West 53rd Street
Long Legal
"A" One Family District
Requests extension of time on a
previous variance permitting a parking
lot for a church on a detached parcel
of land.
Church and parking lot
Church uses and parking lot
This request is the result of enforcement action to bring this owner's
parking lot into compliance with Board of Adjustment approval conditons.
January, 1977, the applicant received Board of Adjustment approval for
use of subject property as a church parking lot. June of 1977, the
applicant requested from Community Services Department permission to
make improvements at a later date due to financial problems.
The staff of that office extended to the owner a one-year time extension.
That year has passed, and compliance has not been attained.
The applicant's letter requesting this extension suggests an office
building may occupy this lot, that additional property may be acquired
on abutting owners to enlarge the parking facility.
The applicant states that six months will probably be sufficient time
to comply with ordinance. The staff feels that since the use has been
in place 18 months beyond the Board approval and an indeterminate period
prior to that approval, that the six months requested is a maximum time
allotment.
If the church cannot comply by January 1, 1979, we recommend that use
of the lot be discontinued. The staff recommends approval of
an extension of six months in line with our above comments.
July 24, 1978
Item No. 10 REQUEST FOR SPECIAL CONSIDERATION continued...
Board Action:
There were no objectors present. The application was represented by
Jim Wood. Mr. Wood stated that six months would probably be sufficient to
comply with the Board's requirements. The Board voted to approve a
six-month extension as suggested by staff. The vote: 5 ayes - 0 noes -
2 absent.
July 24, 1978
There being no further business, the Board adjourned at 3:50 p.m.
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