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boa_11 20 1978LITTLE ROCK BOARD OF ADJUSTMENT• SUMMARY AND MINUTE RECORD November 20, 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 October meeting were approved as mailed. III. Members present: Jerry Wilcox, Chairman James Summerlin Jack Taylor Samuel Anderson Ray Fureigh Members absent: Kirby Smith M. R. Godwin November 20, 1978 Item No. 1 - Z-3274 Owner: Seimer Estate (Kelley Johnson) By: Joyce Rule Address: 411 East 6th Street Description: The north 10' of Lot 10 and all of Lots 11 and 12, Block 151 original City of Little Rock Zoned: "HR" High Density Residential Variance: Request permission under the provisions of Section 43-35(2)(d) to establish a professional office as a conditional use. Present Use of the Property: Vacant House Proposed Use of the Property: Law office Staff Recommendation: This request represents yet another restoration effort in the Quapaw Area by a business firm. The structure is located on a street which has numerous other similar uses along its length. The applicant states that sufficient parking will be provided by the demolition of an existing garage -like structure on the southwest corner of the property and a provision of spaces in the south and west yards. Staff recommends that the application be approved with the condition that if the alley is to be used for access to the parking, then the alley must be improved to City standards. Board Action: The applicant was present, and there were no objectors. After a brief discussion, the Board moved to approve the application as filed. The motion passed: 5 ayes, 0 noes, 2 absent. l November 20, 1978 Item No. 2 - Z-3275 Owner: Address: Descripton: Zoned: Variance: Present use of the Property: Narkinski Estate (Harry Narkinski) By: Joyce Rule 515 Rock Street Lot 4, Block 150 Original City of Little Rock °HR" High Density Residential Request permission under provisions of Section 43-35(2)(d) to establish a professional office as a conditional use. vacant House Proposed Use of the Property: Real estate office Staff Recommendation: This application reflects the growing business interest within the Quapaw Quarter and the continuing restoration efforts. Parking for this business office will be provided in the rear. Again, utilization of the alley for parking access will warrant the improvement of the existing alley to City standards. Such requirements should be made a condition of approval. Staff recommends approval with such condition. Board Action: The applicant was present, and there were no objectors. After a brief discussion, the Board moved to approve the application with the condition that off-street parking be allowed to fail to meet all technical aspects of the ordinance requirements. The motion passed: 5 ayes, 0 noes, 2 absent. November 20, 1978 Item No. 3 - Z-3281 Owner: Address: Description: Zoned: Variance: Present Use of the Property: Victoria Sims By: Ray Wilkerson 2106 West 24th Street Lot 6, Block 8 O. F. Sheldon's Addition "C" Two Family Request variance from Section 43-12(2) to permit a 15 foot rear yard encroachment. Family Residence Proposed Use of the Property: Same Staff Recommendation: Although the requested encroachment seems somewhat excessive, on -site inspection indicated that the proposed addition of the cover over the existing parking area would create no crowding or other interference with light and air access for neighboring properties. Staff recommends approval. Board Action: The applicant was present, and there were no objectors. After a brief discussion, the Board moved to approve the application. The motion passed: 5 ayes, 0 noes, 2 absent. November 20, 1978 Item No. 4 - Z-3280 Owner: Address: Description: Zoned: Variance: Present Use of the Property: Derol May By: Buz Hooper 9200 Block, Rodney Parham Road Long Legal "F" Commercial Request permission, under the provisions of Section 43-22(4)(e) to establish a public garage in a commercial district. Vacant Proposed use of the Property: Midas Muffler Shop Staff Recommendation: The staff recommends approval with development to occur as per the submitted site plan. Board Action: The applicant was present, and there were no objectors. After a brief discussion, the Board moved to approve the application as filed. The motion passed: 5 ayes, 0 noes, 2 absent. November 20, 1978 Item No. 5 - Z-847-A Owner: George Hufsmith Address: 3720 Cantrell Road Description: Plat W, Riverside Addition Pulaski County Zoned: "G" Commercial Variance: Request variance from Section 43-16(2) to permit a 12' rear yard encroachment. Present Use of the Property: John Miller Tire Company Proposed Use of the Property: Same Staff Recommendation: This request follows an earlier request for a variance granted August 15, 1960. This application, if approved, will allow the existing building to be extended to permit additional service area. The need for a variance stems from the unusual shape of the property. In the original Board of Adjustment action, conditions were attached to provide screening between the subject property and the residences to the north. Either the proper screening was never established, or such screening has been allowed to deteriorate over the past twenty-eight years, but in any event Staff feels that screening of an opaque nature should be provided. Staff recommends approval with the condition that a screening device of wood, masonry or dense shrubbery be provided along the north property line where it abuts residential properties. In addition, it should be reiterated that refuse (including discarded tires) be disposed of inside the building. Board Action: The applicant was present, and there were two objectors. Buster Todd, a neighbor to the rear of the existing structure, complained that the property in question had not been properly maintained and asked that it be cleaned up and maintained in the future. Faber Jenkins, an attorney representing some of the other neighbors, argued against allowing the expansion. The owner, George HUfsmith, stated that he was a new owner and would be willing to provide better maintainance of the property. The Board moved to approve the application. The motion passed: 5 ayes, 0 noes, 2 absent. November 20, 1978 Item No. 6 - Z-3286 Owner: Address: Description: Zoned: Variance: Present Use of the Property: Proposed Use of the Property: Evergreen Farm Limited Partnership By: Sam Robinson West Markham Street Lot 2A, Evergreen Farm Subdivision "MF-18" Multi -Family Request permission under the provisions of Section 43-4.5(1)(e) to establish a church and other church related facilities in a residential zone Vacant Church and related facilities. Staff Recommendation: This application is a request to allow the establishment of a church, parish house, parochial school and related religious oriented facilities in a residential zone. Staff recommends approval. Board Action: The applicant was present, and there were no objectors. After a brief discussion, the Board moved to approve the application. The motion passed: 5 ayes, 0 noes, 2 absent. November 20, 1978 Item No. 7 - Z-3287 Owner: Ted A. Rice By: Cindy Hauer Address: 9 Pebble Beach Drive Description: Lot 15, Block 7 Pleasant Valley Subdivision Zoned: "A" One Family Variance: Request variance from Section 43-21(1) to permit construction of a 9' fence in the rear yard. Present Use of the Property: Single Family Residence Proposed Use of the Property: Same Staff Recommendation: The request would allow the owner to provide a more useful privacy screen between his proposed swimming pool and the Pleasant Valley Golf Course and his neighbor's rear yard. The applicant's rear yard is down slope from the golf course, and a short fence would provide very little privacy. The proposed structure must also he approved by the subdivision's Architectural Review Committee. Staff recommends approval of the request. Board Action• The applicant was present, and there were no objectors. After a brief discussion, the Board moved to approve the application. The motion passed: 4 ayes, 0 noes, 2 absent, 1 abstention. Jerry Wilcox abstained because Ms. Bauer is a member of his firm. November 20, 1978 Item No. 8 - Z-1090-B DEFERRED Owner: Arkansas Enterprises for the Blind, Inc. Address: 2823 South Tyler Street Description: Part of Blocks B and E of C. O. Brack's Addition Zoned: "B" Residential 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 organization Present use of the Property: Classrooms, Offices Proposed use of the Property: Classrooms Staff Recommendation: Note: This item was deferred from the October Meeting at the request of the Staff. A.E.B. officials are now prepared to submit a properly prepared plan. The plan indicates present usage of the various A.E.B. owned structures and shows a site plan for planned future development without being site specific. The combination of existing ownership and the future plan indicates in reasonable fashion the organization's intended path, but there is no commitment to a particular location other than one contiguous with present A.E.B. properties. Staff recommends the Board of Adjustment accept this plan as a generalized statement of A.E.B.'s development proposals. In the matter of 2823 South Tyler Street, Staff recommends that approval be granted for the purpose of establishing and/or maintaining classroom facilities. It should be included that the facility is not approved for temporary or permanent storage of any equipment, supplies or other items not immediately necessary to the structure's use as a classroom space. Staff also recommends that the small metal storage building and the garage type structure on the rear of the lot at 2823 South Tyler be removed to permit establishment of proper off-street parking for this classroom facility. November 20, 1978 Item No. 8 - Z-1090-B Continued Board Action: The applicant was present, and several objectors were present. The President of A.E.B.'s Board presented several letters of support from area residents and asked the Building and Grounds Superintendent of A.E.B. to review the development plans as submitted. Several neighbors, including Mr. and Mrs. Elliott, Mrs. Bullard and Mrs. Duncan, made statements opposing A.E.B.'s request for variance, citing a lengthy history of conflict between the applicant and the neighbors. All objectors spoke of traffic concerns in the area. Sandy McMath, an attorney representing the Elliotts, stated he had been retained only the morning of the meeting and asked the Board to defer the matter an additional month. The Board stated that the application had numerous deferrals and that further deferral would not likely produce new information. The Board moved to approve the application as filed. The motion passed: 5 ayes, 0 noes, 2 absent. In other action, reference Case Z-3237, the Board unanimously agreed to modify the conditions attached to the conditional use permit for the Pizza Hut Restaurant as follows: Item 1. No change. Item 2. No change. Item 3. Change the phrase not to exceed the height of the principle structure" to read . not to exceed the ridge line of the principle structure". Item 4. No change. Item 5. Change the maximum height from 7' to 716". Item 6. Strike the phrase "but not adjacent to the masonry wall". Item 7. No change. Item 8. No change. Item 9. Delegated plan approval authority to Chairman, Jerry Wilcox and member Jim Summerlin to speed review process. Also in other action, the Board unanimously approved the 1979 Meeting Calendar. There being no further business, the meeting was adjourned at 3:15 p.m. O 7 Date: Ch irma ec etar