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boa_09 18 1978LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY AND MINUTE RECORD SEPTEMBER 18, 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 July Board Meeting were approved as mailed. III. Members present: Jerry Wilcox, Chairman Jim Summerlin Sam Anderson Ray Fureigh Winifred Whitfield Members absent: M. R. Godwin Kirby Smith City Attorney: Jack Magruder September 18, 1978 Item No. 1 - Z-1532-A owner: Arkla Chemical Company Address: 7020 Asher Avenue Description: Long Legal Zoned: "F" Commercial Variance: Request variance from Section 43-11 to permit expansion of existing nonconforming use. Present Use of Property: Chemical Bulk Plant Proposed use of Property: Same Staff Recommendation: Section 43-11(1) states ". . . such [nonconforming] 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 nonconforming building as defined . . . may 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 nonconforming land uses to continue in place is so that the owner of such use will not suffer undue hardship. However, the concept of "nonconforming use" and the language of the appropriate sections of the ordinance imply the long-range expectation that such use will, be discontinued and replaced by a use which conforms to the zoning district. The staff believes that expansion of a nonconforming use would be contrary to the purpose and intent of the Zoning ordinance. The staff recommends denial. September 18, 1978 Item No. 1 - Continued Board Action: Ben McMinn, representing Arkla, requested that the case be deferred to October, due to the absence of two Board members. The Board moved to defer. Motion passed: 5 ayes, 0 noes, 2 absent. September 18, 1978 Item No. 2 - Z-3250 Owner: Address: Description: Marvin and Linda Gibby by Stephen Robertson 2410 Glover Street Lot 1, Gibby Addition City of Little Rock Zoned: "A" One Family Variance: Request permission under the provisions of Section 43-22-4(d) to establish a preschool learning center. Present Use of the Property: Residential Proposed Use of the Property: Day School Staff Recommendation: This request deals with a use variance, and the staff has no particular problem with this use in this location. However, certain problems do exist in connection with this application. This house is one of two which face eastward onto Glover Street. The houses are surrounded, seemingly, by commercial and multi -family structures. Although Glover Street is extended through to Cantrell Road, it is very narrow and during normal business hours is restricted even further by the fact that several people, presumably employees of the surrounding businesses, use the street for parking on both sides. Neither street accessing onto Cantrell Road from the property at 2410 Glover Street has protected intersections at Cantrell. Traffic flow in this general location is very intense and proper channeling of the expected flow through Glover Street during discharge and pickup times for the proposed learning center looks to be impractical. The property to be used does not appear to have facilities for adequate and safe traffic control and flow. The staff sees no question that the property is no longer suitable as low density residential use, but the nature of the Location for this particular nonresidential use appears incompatible because of safety considerations. The staff recommends denial. September 18, 1978 Item No. 2 - Continued Board Action: Several objectors, represented by Barbara Baber and B. L. Gibson, were present. One letter of objection had been received. After a lengthy discussion of the issues, the Board moved to approve the application as filed. The motion passed: 5 ayes, 0 noes, 2 absent. September 18, 1978 Item No. 3 - Z-3254 Owner: Denny's Restaurant and B. G. Covey Company Address: West Markham at Shackleford Description: Tracts 3 and 4, Block 13, West Markham Street Subdivision. Zoned: "F" Commercial Variance: Request variance from Section 43-21-H(6) to waive four -foot opaque screen requirement. Present Use of the Property: Vacant Proposed Use of the Property: Restaurant and Office Building Staff Recommendation: This request deals with the problems associated with being first in the neighborhood. Because the property abuts land zoned residential on three sides, a four -foot opaque screen is required by the ordinance. The "residential" property to the east is I-430. There is an existing natural buffer approximately sixty feet wide to the south and a natural buffer of nearly 500 feet to the west. Because of the existing terrain, a four -foot screen would serve no useful purpose. The staff recommends approval. Board Action: Ms. Coronet, representing the Fountainbleau Nursing Home, was present to ask that the screening not be waived on the western boundary. After a lengthy discussion, it was determined that the nursing home is apparently located northwest of the subject property. The Board moved to approve the application with the condition that if the required screening along the west line would, in fact, provide protection for the nursing home property, then such screen would be erected along the appropriate portion of the western boundary. The motion passed: 5 ayes, 0 noes, 2 absent. September 18, 1978 Item No. 4 - CONDITIONAL USE PERMIT REQUEST - Z-3237 Owner: Dr. Lem Clement Address: 900 Block on the east side of McAlmont Street Description: Part of Masonic Addition Zoned: "HR" High Residential Variance: Request a conditional use permit to be issued under the provisions of Section 43-30 of the Code of Ordinances to permit a restaurant of non drive-in nature. Present Use of the Property: Vacant Proposed Use of the Property: Pizza Hut Staff Recommendation: Note: This item was deferred in August at the applicant's request. 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 requested 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. A 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, the Planning Staff sees two options available to the Board: 1. Deny the request and follow the directive of the Board of Directors. September 18, 1978 Item No. 4 - Continued 2. Defer 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 Board policy. We would recommend denial of the application. Board Action: The Board moved to defer the case to the Little Rock Board of Directors with the request that the Directors provide specific guidance as to the disposition of this application. The motion passed: 4 ayes, 1 no, 2 absent. Attorney Jack Williams, representing the applicant, requested a roll call vote. Members of the Board voted as follows: Anderson, Fureigh, Whitfield and Summerlin voted aye; Chairman Wilcox voted no. September 18, 1978 Item No. 5 - Z-3251 Owner: Tomco Oil Company Address: 12th and Monroe Description: Lots 4, 5, and 6; Block 27; Cunningham's Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: "F" Commercial Variance: Request variance from the front yard setback provisions of Section 43-15-4 to permit reduction of setback from 15 feet to 6 feet for construction of a canopy. Present Use of Property: Retail gasoline service station Proposed Use of the Property: Retail gasoline service station and convenience store Staff Recommendation: Note: This item was deferred from the August meeting because the applicant was not present. The owner is requesting that a nine foot encroachment into the required 15 foot setback be allowed so that a canopy can be erected to protect both sides of a gasoline pump island. The pump island to be protected will be a redesigned facility in the location of an existing island which is now set back 15 feet from the right-of-way as required. Another pump island now existing between the above referenced island and the existing building will be removed to provide parking for the convenience store portion of this operation. There is an existing canopy which extends from the building to cover the nearer existing pump island - that which will be removed. The staff feels that the existing canopy could be further extended to protect the proposed new pump island. Such extension should not be allowed to encroach into the 15 foot required setback. The applicant has demonstrated no significant hardship or unique site problem which warrants favorable consideration of this variance request. The staff recommends denial. September 18, 1978 Item No. 5 Continued Board Action: There were no objectors present. The applicant was present. After a brief discussion, the Board moved to approve the application. The motion died for lack of a second. The Board then moved to deny the application. The motion passed: 5 ayes, 0 noes, 2 absent. There being no further business, the Board adjourned at 3:00 p.m. DATE CHAI : 0r23 &9 RM GLSECRETARY: G�