boa_10 23 1978LITTLE ROCK BOARD OF ADJUSTMENT
MEETING SUMMARY AND MINUTE RECORD
OCTOBER 23, 1978
2 :00 P. M.
I. Roll Call and Finding of a Quorum
A quorum was called being seven in number.
II. Approval of the Minutes of the Previous Meeting
The minutes of the September meeting were approved as
mailed.
III. Members present: Jerry Wilcox, Chairman
Winifred Whitfield
Samuel Anderson
Ray Fureigh
M. R. Godwin
Kirby Smith
James Summerlin
October 23, 1978
Item No. 1 - Z-3253-A
Owner: Winrock Homes, Inc.
Address: 3702 St. James Court
Description: Lot 55, Westbrook
Pulaski County, Arkansas
Zoned: "A" One Family
Variance: Request variance from Section 43-12-3
to permit an encroachment into the
south side yard.
Present Use of
the Property: Single Family Residence - Vacant
Proposed Use of
the Property: Single Family Residence
Staff Recommendation:
This variance request results from an engineering error
during the staking process. The engineer inadvertently
staked the house too far into the south side yard. The
encroachment is approximately 1.5 feet.
The 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 as filed. The motion passed: 7 ayes - 0 noes.
October 23, 1978
Item No. 2 - Z-3257
Owner: Hermitage Associates
Address: Shacklef ord at Hermitage Road
Descripton: Part of Lots 17, 18, 31 and
32; West Highland Subdivision
Zoned: "F" Commercial
Variance: Request variance from Section 43-15(1)
to allow construction of a four-story
office building.
Present Use of
the Property:
Proposed Use of
the Property:
Vacant
Office building
Staff Recommendation:
The staff sees no problems with approval of this request.
However, it must be included as a part of this
recommendation that the Board of Adjustment make it quite
clear to the applicant that such approval will in no way be
construed to relieve his responsibility for any street
improvement previously agreed to and/or required during the
Evergreen Park Subdivision review process. Specifically,
this calls for extension of the Mills Freeway with a minimum
100 foot right-of-way, 48 foot paved width, four lanes
divided with sidewalks on both sides and other boundary
street improvements as outlined in a letter dated
November 2, 1976, to Joe White from Richard Wood.
The staff recommends approval subject to the conditions
contained therein.
Board Action:
The applicant was present, and there were no objectors. The
Board moved to approve the application as recommended by the
staff. The motion passed: 7 ayes - 0 noes.
October 23, 1978
Item No. 3 - Z-3259
Owner: Tom Ramsey
Address: 516-518 East 9th Street
Description: Long Legal
Zoned• "HR" High Density Residential
Variance: Request permission, under the
provisions of Section 43-35(2)(d)
to locate an advertising agency as
a conditional use.
Present Use of
the Property: Duplex
Proposed Use of
the Property: Professional office - advertising
agency
Staff Recommendation:
Use of this property for this purpose will require
improvement of the existing curb cut on 9th Street to
facilitate ingress and egress, plus pavement of the parking
area. These items should be attached as conditions.
The 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: 7 ayes - 0 noes.
October 23, 1978
Item No. 4 - Z-3260
Owner: John Allen
Address: 1008 Cumberland Street
Description: Lot 10, Block 24, Original
City of Little Rock
Zoned: "HR" High Density Residential
Variance: Request permission, under the
provisions of Section 43-35(2)(d),
to locate an architectural firm's
office as a conditional use.
Present Use of
the Property: Vacant house
Proposed Use of
the Property: Professional office - architect
Staff Recommendation:
The staff recommends approval as filed.
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: 7 ayes - 0 noes.
October 23, 1973
Item No. 5 - Z-3263
Owner: Philip M. Baldwin
Address: 500 East 9th Street
Description: Long Legal
Zoned: "HR" High Density Residential
Variance: Request permission, under the
provisions of Section 43-35(2)(d),
to locate an artist's studio as
a conditional use.
Present Use of
the Property: Multi -family residence
Proposed Use of
the Property: Multi -family residence and artist's
studio
Staff Recommendation:
The staff recommends approval a filed.
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: 6 ayes - 1 no.
October 23, 1978
Item No. 6 - Z-3264
Owner: EOA Incorporated of Pulaski County
Address: 2500 Gaines Street
Description: The east 180 feet, Block 16, Kimball's
South Park Addition to the City of
Little Rock
Zoned: "F" Commercial
Variance: Request variance from Sections 43-21(A)
(b) and 43-13(1) to permit reduction of
off-street parking by 50 percent and to
permit encroachment into the east side
yard.
Present Use of
the Property: Vacant
Proposed Use of
the Property: High rise apartment for elderly and
handicapped
Staff Recommendation:
The reduction in parking has been a part of every similar
project in Little Rock. Justification for such reduction
comes from the fact that elderly and handicapped persons
typically own fewer cars, and they frequently reside in
one -person households. Parking standards applied to
apartment developments by the Zoning Ordinance presuppose
larger households and greater automobile ownership. The
side yard variance permits better siting of the building and
allows retention of a service drive along the west side of
the building.
The 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: 7 ayes - 0 noes.
October 23, 1978
Item No. 7 - Z-1532-A DEFERRED
Owner: Arkla Chemical Company
Address: 7020 Asher Avenue
Descripton: Long Legal
Zoned: "F" Commercial
Variance: Request variance from Section 43-11
to permit expansion of existing
non -conforming use.
Present Use of
the Property: Chemical bulk plant
Proposed Use of
the Property: Same
Staff Recommendation:
Note: This item was deferred at the request of the
applicant.
Section 43-11 (1) states: "...such (non -conforming) use may
be extended throughout the building provided no structural
alterations except those required by law or ordinance are
made therein."
Section 43-11 (2) states: "A non -conforming building as
defined...m ay be structurally added to or extended only
under the following conditions:
( a) The use to which said building is put conforms to
the district in which it is located."
Section 43-7 (18) prohibits a "storage warehouse" in the "F"
Commercial District.
The purpose of allowing non -conforming land uses to continue
in place is so that the owner of such use will not suffer
undue hardship. However, the concept of "non -conforming
use and the language of the appropriate sections of the
ordinance imply the long-range expectations that the use
will be discontinued and replaced by a use which conforms to
the zoning district. The staff believes that expansion of a
non -conforming use would be contrary to the purpose and
intent of the Zoning Ordinance.
The recent flooding of Rock Creek underlines the
undesirability of long-term continuation of this use in this
location. Fortunately, no disasterous problem developed
beyond the simple fact of the flood, but consider this
scenario:
October 23, 1978
Item No. 7 Continued...
Flooding occurs again; but this time, a large object is
hurled forward by the flood waters which strikes and
ruptures one or more of the storage tanks on the creek bank.
The chemical is somehow ignited, sending a flaming river of
debris and burning chemicals downstream across University
Avenue into Fourche Bottoms.
The staff believes that we may have been very lucky during
the recent flooding - at least in this area. It is the
opinion of the staff that approval of this request is not in
the interest of public safety or welfare. Therefore, the
staff recommends denial.
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: 7 ayes - 0 noes.
October 23, 1978
Item No. 8 - Z-3237 DEFERRED
Owner: Dr. Lem Clement
Address: 900 Block on the east side
of McAlmont Street
Description: Part of Masonic Addition
Zoned: "HR" High Density Residential
Variance: Request a conditional use permit
to be issued under the provisions of
Section 43-35(2)(d) of the Code of
Ordinances to permit a restaurant
of a nondrive-in nature.
Present Use of
the Property: Vacant
Propose Use of
the Property: Pizza Hut
Staff Recommendation:
Note: This item was deferred to the Little Rock Board
of Directors in September for further guidance
and specificity with regard to City policy in
matters of this nature.
The Board of Directors issued Resolution No. 6014
reaffirming Resolution No. 5026 issued on April 20, 1976,
to wit:
Section 2. The Board of Directors reaffirms their
request of the Little Rock Rock Board of Adjustment
that no conditional use permit for uses of property
not allowed in the "E-l" Quiet Business Zoning District
be approved in the area adjacent to (contiguous to or
across the street from) MacArthur Park.
It seems clear that the Little Rock Board of Directors view
these two cited resolutions as direct statements of Board
policy; therefore, the staff recommends denial.
Board Action:
Attorney, Jack Williams, representing the applicant gave a
lengthy presentation of the applicant's position, including
the history of the property's zoning, a recap of the Waffle
October 23, 1978
Item No. 8 - Z-3237 Continued...
House case, citing of the Zoning Ordinance provisions
applicable to the request for a conditional use permit,
offering his client's opinion that the Little Rock Board of
Directors have no jurisdiction in the matter by concluding
that the resolutions passed by the Directors cannot have
precedence over their adopted ordinance, and answering the
nine specific points raised by the Quapaw Quarter
Association in a statement issued by its Board of Directors.
A spokesperson for one of ACORN'S member organizations
stated their opinions that one use permit (referring to the
Waffle House) should not force a second such use, and that
additional encroachment of this type would undermine the
revitalization of the area and work in opposition to the
establishment of the proposed Historical District.
Cathy Worthen, representing the Quapaw Quarter Association's
Board of Adjustment Committee, read the Association's
complete written statement outlining the nine points
previously addressed by Mr. Williams.
The chairman of the Board of the Museum of Science and
Natural History stated that the Museum Board had passed
a resolution urging denial of the application (no written
copy was provided). The recently appointed Director of the
Museum asked the Board of Adjustment to consider the effects
of such changes on the quality of life in Little Rock.
Athalee Walrod, a neighboring property owner, urged denial
then stated that if approved, she wanted a minimum six-foot,
preferably eight -foot wall of concrete blocks along the
south side of the property. She also spoke of a trash and
garbage problem she believes exists at the Waffle House and
asked the Board to protect the children in MacArthur Park by
denying access to McAlmont Street.
Dr. Lem Clement, the owner/ applicant, stated that he had
purchased the land zoned commercial and that it had
subsequently been down zoned by action of the City of Little
Rock without his participation. His attorney, Mr. Williams,
stated that the denial of this application would have to be
considered confiscatory.
After considerable further discussion regarding the specific
design proposals offered by the Quapaw Quarter Association,
the Board moved to approved the application with the
following conditions:
1. That a solid masonry wall be constructed along the
west line of the property at a minimum height of
six feet. The wall should be of a color, quality,
October 23, 1978
Item No. 8 - Z-3237 Continued...
and texture that is compatible with the park and
surrounding area.
2. That sufficient setback be provided between the
masonry wall and McAlmont Street to accommodate
trees and/or attractive shrubs with the
landscaping plan to be approved by the Board of
Adjustment.
3. That all signs and advertising devices be located
in front of the proposed structure and not exceed
the height of the principal structure.
4. That the roof of the principal structure and the
west wall be of a subdued color and attractive
texture appropriate to the relationship with
MacArthur Park.
5. That all outdoor lighting be limited to no more
than seven feet in height, except in the east 25
feet of the property.
6. That garbage and trash facilities be located on
the north 30 feet of the property, but not
adjacent to the masonry wall.
7. That a solid wood fence, 6 feet in height, be
constructed along the south line of the property
adjacent to the existing residential uses.
8. That access be provided between the subject
property and McAlmont Street, but the masonry wall
be staggered at the entry as per the developers
recommendation in order to block the view through
the opening.
9. That the Board of Adjustment retain final approval
of the design and development plans prior to the
issuance of a building permit.
The motion passed: 7 ayes - 0 noes.
October 23, 1978
Item No. 9 - Z-1090-B DEFERRED
Owner: Arkansas Enterprises for the Blind
Incorporated
Address: 2823 South Tyler Street
Description: Part of Blocks B and E
of C.O. Brack's Addition
Currently Zoned: "B" Residential 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 organization
Present Use of
the Property: Classrooms, offices, etc.
Proposed Use of
the Property: Classrooms
Staff Recommendation:
Note: This item was deferred in July to allow time for
the applicant to prepare a development plan.
You have been provided with a copy of the "development
plan", a letter from Harold Hanson, Executive Director of
AEB, which states in general terms the organization's
developmental ideas. The letter deals in specifics only
with regard to 2823 South Tyler Street. Future plans hinge
on a number of unknowns, including facility demands and the
organization's ability to raise sufficient expansion
capital. The only apparent certainty expressed is AEB's
intention to continue serving the blind as a training
facility as long as needed.
Given the fact that three month's work generated this
nonspecific "development plan", the staff sees an implicit
statement that AEB intends to continue a two -decade long
tradition of doing what it wants, when it wants, without
much regard for neighborhood impact or government
regulation. Over the years significant neighborhood
opposition has developed to AEB's action. Many hours of
conversations, meetings, and petitioning have been generated
as a result of friction between the parties.
Realizing that this particular problem - the use of single
family dwelling at 2823 South Tyler for offices and
classrooms - has been an established fact for some time,
the staff feels that this remains an enforcement issue. The
staff is not satisfied with the vague statements regarding
October 23, 1978
Item No. 9 Continued...
AEB's future plans contained in Mr. Hanson's letter. And it
appears that we cannot expect much more specific plans to be
forthcoming.
In view of the fact that the applicant has not submitted the
requested plan, the staff recommends denial.
Board Action:
The staff stated that further planning discussions were
underway with AEB officials and that they (the staff) wished
to request a one -month deferral. The Board moved to defer
action on the request until November 20, 1978. The motion
passed: 7 ayes - 0 noes.
October 23, 1978
There being no further business, the meeting was adjourned
at 3:30 p.m.
Date:
C 4ai a Secretary
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