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
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