boa_05 22 1978LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY AND MINUTE RECORD
MAY 22, 1978
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 previous meeting of the Board
were approved as mailed.
Members Present: Jerry Wilcox
Ray Fureigh
Kirby Smith
Sam Anderson
Winifred Whitfield
Members Absent:
M.R. Godwin
James Summerlin
City Attorney: Riddick Riffell
Item No. 1
File No.: Z-3219
Owner: Alvin Blake
Address: #12 Keltwood Cove
Description: All of Lot 6 of Phase I, Brownwood
Terrace Subdivision.
Currently Zoned: "A" One Family
Variance: Request a variance from the rear yard
setback provisions of Section 43-12
of the Code of Ordinances to allow
an addition to be made with a 162 foot
encroachment into the required yard
setback of 25 feet.
Present Use of the
Property:
Proposed Use of the
Property:
Staff Recommendation:
Residence
To remain the same with the addition of
floor area
This request is the result of unusual placement of the residence on the
lot. A thirty foot building line rather than the usual 25 ft. building
line and an odd lot configuration create the present circumstance.
The addition proposed would occupy approximately 360 sq. ft. of the
required rear yard area or approximately 10 percent. The adjacent
structures are all set back from lot lines the minimum allowed. One of
these has recently been permitted to replat for reduction of the 30 ft.
building line to 25 ft. and was further allowed construction of an
addition.
The land area to the west of this lot is a large tract running to Barrow
Road. It is our understanding that that owner is holding that parcel
for nonresidential development. That development could and may very
well locate uses in close proximity to this rear yard which would
have an adverse relationship.
The staff's view of this request is that an addition such as proposed
compromises the rear yard requirement to the point of negating its
value.
Should that occur, it is clear the 25 ft. rear yard has not served its
intended purpose for separation. We feel the applicant has other options
available such as a second story or two smaller additions, which would
comply with ordinance.
Staff recommends denial of the request.
Item No.-1 (Cont.)
Board Action:
There were no objectors present and no letters of objection presented.
After a brief discussion of the item, it was determined by the Board
that a deferral would be in the best interest of all involved. The
Board voted to defer this case until the June 19 meeting. The vote -
5 ayes, 0 noes, 2 absent.
Item No. 2
File No.: Z-3218
Owner: Sam Sparks
Address: 1001 McAlmont Street
Description: All of Lot 12 and the north 2 of
Lot 11 in Block 5, Masonic Addition.
Currently Zoned: "HR" High Density Residential
Variance: Request variance from setback open
space provision of Section 43-36.(2)
to permit off-street parking maneuvering
area to encroach into the front ten
feet of the required setback.
Present Use of the
Property:
Proposed Use of the
Property:
Staff Recommendation:
Vacant
Construct apartment building with ten
units in two stories.
This request was filed after the applicant held several meetings with
the permit staff and this office. The applicant desires to save the
four large trees on this site. To do so, without redesigning the building,
was not possible. Ten foot strip of setback along McAlmont Street would
be 750 sq. ft. plus or minus. The variance would be for 250 sq. ft.
plus or minus or about 10 x 25 ft.
The applicant could occupy the same area with a paved driveway if his
parking and maneuvering space did not encroach. In this case, the
backout space or maneuvering area for the stalls is within the 10 ft.
We feel that since the owner could use the space for a drive under
slightly different circumstances, and he does propose retention of the
trees, approval of the application should be granted.
We would suggest that a plan be presented illustrating how the trees
will be protected against damage during construction. Also, what provision
will be made to landscape the areas surrounding the trees.
It was noted by staff that the alley access is in poor condition. Since
it is to be the principle vehicle access, we suggest the improvements be
brought up to City specifications as part of this development. Plans
for that improvement should accompany the building permit.
Item No. 2 (Cont.)
Board Action:
There were no objectors present or letters of objection presented. The
applicant and/or owner was present. Ms. Athalea Walrod was present and
made no objection but expressed some concerns about the tenants and children.
After a brief discussign, the Board voted to approve the request,as
recommended by the staff. The vote - 5 ayes, 0 noes, 2 absent.
Item No. 3
File No..
Owner:
Address:
Z-3200
James H. Brown, Jr.
#36 Longlea Drive
Description: All of Lot 28 of Longlea Subdivision.
Currently Zoned: "A" One Family District
Variance: Request a variance from the rear yard
setback provisions of Section 43-12
of the Code of Ordinances to permit
an addition which will leave the
structure with a 23 foot 6 inch rear
setback rather than 25 as required.
Present Use of the
Property:
Proposed Use of the
Property:
Staff Recommendation:
Residence
Remain the same with increased floor
space for a family room/bedroom.
This applicant's request is a little unusual that in building in what is
required rear yard, a side yard will become the rear yard and will be 1
ft. 6 in. short.
There are no significant issues in this request except that the owner
obviously placed his residence as far to the rear of the lot as possible
for visual effect on a corner lot.
There remains good structural separation north and west from this proposed
addition. However, the owner has options available which should require
no variances and allow approximately the same floor area.
The two uses proposed for this addition do not necessarily have to be
located in close proximity or together. Two small additions might serve
the need of the owner equally well.
We would recommend denial of an encroachment to the required rear yard
of this lot.
Item No. 3 (Cont.
Board Action:
There were no objectors present and no letters of objection presented.
The applicant, Mr. Brown, was present. After a brief discussion, the
Board voted to approve the request as filed. The vote - 5 ayes, 0 noes,
2 absent.
Item No. 4
File No.: Z-3192
Owner: Samuel Smith
Address: 5409 "L" Street
Description: All of the east z of Lots 1 and
2 of Block 2, Hollenberg Addition.
Currently Zoned: "A" One Family District
Variance: Request a variance from the side yard
setback provisons of Section 43-12 of
the Code of Ordinances to permit a
room addition with 0 foot setback.
(Structure located on property line.)
Present Use of the
Property:
Proposed Use of the
Property:
Staff Recommendation:
Single Family Residence
Remain the same with additional floor
space.
This applicant proposes to add approximately 200 sq. ft. to his residence.
The addition would be constructed with 0 ft. 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. The present house
barely meets that requirement.
When first confronted by this applicant and his proposal, we indicated
no significant problem was expected. After a site inspection by staff,
our opinion is significantly modified. As we expected, corner houses at
"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. The nearest residence 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. Closure of the existing carport
is a potential since it is already in place.
The staff feels that since this is a reversed corner lot, some commitment
should be made to maintain front yard relationships on Tyler Street.
Recommend denial of the request. Suggest the owner pursue other options.
Item No. 4 (Cont.)
Board Action:
There were no objectors present and no letters of objection presented.
The applicant was represented by his builder. There was a lengthy
discussion of the request followed by a motion for approval which failed
by a vote of 3 ayes, 2 noes, 2 absent. The application was denied.
Item No. 5
File No.: Z-3117-B
Owner: Odie and Nita Tollett
Address: 7400 Block of Asher Avenue
South Side of Street
Description: Long Legal
Currently Zoned: "F" Commercial
Variance: Request permission under the provisions
of Section 43-22-4-(k) of the Code of
Ordinances to allow a wholesale use
of a retail nature in an "F" Commercial
zone.
Present Use of the
Property:
Proposed Use of the
Property:
Staff Recommendation:
Also, request consideration of a waiver
of the enclosure of use provisions of
Section 43-22-4(k) to allow open storage
facility.
Residence and Vacant
Home Center and Sales Outlet. Construction
of new buildings.
This request is the result of a denied light industrial zoning application.
The Planning Commission, at its meeting in March, reviewed a proposal to
locate a use on this site which is a borderline "F" Commercial or "I"
Light Industrial use.
Staff felt the use was principally a retail establishment such as the
plumbing supply store the Board of Adjustment allowed at West 12th Street
and Rodney Parham Road.
We recommended to the Planning Commission at the March meeting that the "I"
zoning be denied as it was inconsistent with land use and zoning in the area.
We recommended that "F" Commercial be approved on the entire site with a
suggestion that the applicant pursue a variance.
Planning Commission and Board of Directors have approved zoning to "F" Commercial
with a request that the Board of Adjustment require a 6 ft. opaque fence
along the west and south property lines.
Item No. 5 (Cont.
We view the Planning Commission and Board of Director's action as approval
of the use for the site, thereby leaving one issue to the Board of
Adjustment for resolution. That issue is the open storage aspect for
which a waiver is requested. The ordinance specifies that the Board
must determine that all use is enclosed before allowing such to be
developed.
In the case of the West 12th and Rodney Parham Road development, all
sides of the property were either developed commercial, industrial,
freeway or cemetery. In that case, the Board required screen fences but
no covered structures. On this site, we have two residential side
relationships and a public school.
It is our feeling that all storage for this use should be limited to at
least a three -sided shed type structure and only parking for wheeled
vehicles be allowed as open.
We recommend the approval of the request subject to the enclosure of
uses and the 6 ft. fence requirement.
Note: The staff is somewhat concerned about the traffic generation
problems on Asher Avenue; but at this time have no suggestion as to
remedy.
The Engineering Division of Community Services suggests that the State
Highway Department may begin construction of this facility to four lanes
in the near future. This applicant has dedicated this portion of the
needed right-of-way and will, if the Highway Department does not improve
the street, construct his half of the improvements.
Board Action:
There were no objectors present. There was one letter of concern submitted
from the Educare Center abutting on the west. The concern expressed was the
separation of the playground from this open storage area and the provision
for adequate screening. Also, a comment was made concerning some on -site
drainage which should be dealt with. The applicant, Mr, Ken Brooks, from
Lowe's Stores, was present as was Betty Cole, the real estate agent. The
Board discussed the case at length during which time the applicant presented
an optional layout using the accessory buildings to form a courtyard area
and backing solid walls to the golf course and Educare Center properties.
The screening fences Of-6 ft. height of opaque nature would tie the buildings,
providing a complete boundary screen. The Board voted on a motion to approve
the application as amended and shown on the alternate plan. The vote -
5 ayes, 0 noes, 2 absent.
Item No. 6
File No.: Z-3074-A
Owner: Larry Storthz
Address: #2 Shackleford Court
Description: All of Lot 1 of Burnett Subdivision
Currently Zoned: "E-l" Quiet Business District
Variance: 1. Request a variance from the rear
yard setback provisons of Section 43-
14 of the Code of Ordinances to allow
14 foot encroachment into the required
25 foot rear yard.
Present Use of the
Property:
Proposed Use of the
Property:
Staff Recommendation:
2. Request a variance from the side yard
setback provisions of Section 43-14
of the Code of Ordinances to allow a
7.5 foot encroachment into the side
yard. Required side yard is 12.5
feet.
3. Request a variance from the front
yard open space provisions of Section 43-21
of the Code of Ordinances to allow
parking in the front yard setback.
Vacant
Construct New Office Building
This request is for what we feel is three significant waivers. This lot
is newly platted and meets all of the usual requirements for platting
office zoned lands.
All street improvements are in place except sidewalks, and the lots are
ready for construction. This proposal is an attempt to sidestep all
previous actions in design of lot sizes, etc.
The building is too large for the lot, especially in light of the three
significant setbacks required. We feel this building should be redesigned
to fit circumstances; or that additional land be acquired.
We see absolutely no reason to initiate exceptions of this magnitude on
the first lot developed in this subdivision in other than in full compliance
with Ordinance. Recommend denial of the application.
Item No. 6 (Cont.)
Board Action:
There was one objector present, Doris Haskins. There were no letters of
objection presented. The applicant was represented by his architect and
a partner. The owner was also present. There was one letter of support
received from the owner of the adjacent lot being developed on the west.
A lengthy discussion was held after which a vote was taken on a motion
to approve the request as filed. The motion failed by a vote of 3 aves,
2 noes, 2 absent. There followed a discussion of the options available
to the owner. It was determined that due to the close vote and two
members being absent that expunging the record of the denial was in
order. A motion to do so was approved by a vote of 4 ayes, 0 noes, 2
absent, 1 abstention (Ray Fureigh).
NOTE: The above motion included a provision for deferral until June 19
at which time the applicant will again present his case and provide any
amendment he may devise to provide closer conformity to ordinance and
the staff is to work with the applicant.
Item No. 7
File No.: Z-3210
Owner: Mrs. Omar Bentley
Address: 2520 State Street
Description: Lot 8, Block 17 of Kimbells South
Park Addition
Currently Zoned: "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:
Proposed Use of the
Property:
Staff Recommendation:
Residence
Organizational Headquarters of Human
Development Foundation of America
This application was deferred at the last Board meeting due to the notices
not being mailed as required by ordinance. The staff restates its previous
recommendation which was:
Staff Recommendation:
This request is filed under the provisions of the Zoning Ordinance whereby
certain uses may be allowed by the Board of Adjustment if the proposal
is consistent with neighborhood uses and relationships.
The use proposed is chartered by the State of Arkansas as a nonprofit
use and has been declared tax exempt by the Internal Revenue Service.
This Foundation has submitted a lengthy letter which details the organization
and its intent and purpose. A copy of this letter has been provided to
the Board previously.
We have examined the request and find the use as proposed acceptable for
the location chosen.
The lot and house to be used are ideally located for this use since
nonresidential in the form of a large office and parking lot are across
State Street. The Post Office occupys three lots at the north end of
the 2500 Block on the west side of the street. 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.
Item No. 7 (Cont.)
Board Action:
There were no objectors present and no objector's letters submitted. The
applicant was present being Mr. Hardway. The Board voted to recommend approval
as recommended by the staff. The vote - 5 ayes, 0 noes, 2 absent.
There being no further business, the meeting was adjourned at 3:50 p.m.
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