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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 j