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boa_08 22 1977SUMMARY OF LITTLE ROCK BOARD OF ADJUSTMENT MEETING AUGUST 22 1977 2.00 P.M. There was a quorum present and the minutes of the previous meeting were approved. Members present: Samuel W. Anderson, Vice Chairman Ray Fureigh Kirby Smith James C. Summerlin Riddick Riffel, City Attorney Members absent: Robert Shell, Chairman M. R. Godwin Jerry C. Wilcox August 22, 1977 Item No. 1 - NEW MATTERS Case No. Z-3153 Applicant: Robert Wooley Location: 5222 "R" Street Description: Lots 14 and 15 of Block 1, McGehee Addition. Present Classification: "A" one -family Diatrict Variance: Request a variance from the rear yard height provisions of Section 43-22-e to permit continued construction on an accessory building in excess of the twelve foot permitted height. Present Use: Proposed Use: STAFF RECOMMENDATION Residence Add Accessory Floor Space This item is before the Board as a result of an inspection by the Building Permits Section. The applicant had accquired a permit to remodel this garage on the rear of this lot. There was apparently a misunderstanding between the owner and the Permits Office when the.permit was issued. The owner's intention, apparently, was to build a second story,..but he did not indicate such to the Permits Section. -I The Zoning Ordinance permits .a height of 12 feet for accessory buildings in the rear 25 feet of residential lots. This structural addition increases the present building height of 10, more or less, to approximately 16 feet. A staff inspection of the site suggests that this construction may be more than a studio or hobby shop as there will be 600 sq. ft., more or less, of floor space when completed. The staff finds no problem with the structure or its height and feels that we can recommend the waiver; however, we have several concerns about the potential for use of this building as other than accessory to the existing residence. In order to assure that the use of the building will be limited to accessory only, the staff recommends that utility meters not be allowed for this building.and no plumbing be allowed which would allow conversion to a garage apartment, or business activity. MW Item No. 1 - NEW MATTERS (Continued 8-22-77 BOARD ACTION There were no objectors presert•.• • The applicant was present. The Board voted to approve the -request -as -recommended by the staff. The vote was 4 ayes, 0 noes, 3. absent.. - - - 2 - August 22, 1977 Item No. 2 -NEW MATTERS Case No. Z-3152 Applicant: Steve Rousseau Location: 913 Cumberland Street Description: The N 37.5' of Lot 4, Block 44, original city. Present classification HR high density residential district. Conditional Use Permit: Request a conditional use permit be issued to allow a professional office use of the property. Present Use: Proposed Use: STAFF RECOMMENDATION Residential Offices and Apartment This request for a conditional use permit would, if approved, allow the applicant to remodel this old residence and use it as an architect's office. The request is properly filed and in line with the procedures required by the Central Little Rock Urban Renewal Project Plan and the Zoning Ordinance. The proposal as presented.is in good form, and there are only two technical items which need attention. These are: 1) Off-street parking, which is one space short. 2) Dimension on parking lot depth, which is 2.5 feet short of the 40 feet required. Staff review,of the site and proposal finds no problem with the request. We feel.that renovation -of the type proposed should be encouraged to assist.in the orderly redevelopment of blocks such as this one which recently was in a state of disrepair. The structure to the south was recently converted to a travel agency by the conditional use process, and at the.same time retained its residential character. We would recommend approval of this request and the two waivers needed on parking spaces. BOARD ACTION There were no objectors present. The applicant was present. The Board voted to approve the request and the two waivers needed on parking. The vote: 4 ayes, 0 noes, 3 absent. - 3 - August 22, 1977 Item No. 3 - DEFERRED MATTERS Case No. Applicant: Location: Description: Present Classification: Z-3148 W. D. Reynolds 5220 Crestwood Drive Lot 214 at Prospect Terrace Addition "A" One -Family District Variance: Request a variance from the side yard provisions of Section 43-12 of the Little Rock Code of Ordinances to permit a side yard�of four feet rather than eight feet, as required. Present Use: Proposed Use: STAFF RECOMMENDATION Vacant Land Build a New Residence This item was deferred at the July meeting due to incomplete notices. In the discussion on this matter, it became apparent that the Board members did not look with favor on.the request. A show of hands.reflected five noes on the request. The chairman advised the.owners that if they desire to return in August, they would hear the request; however, if he desired to accept the apparent negative vote of the Board and not return, then he may do so. Staff.position on. the issue remains the same. We recommend denial of either proposal presented as no hardship exists in the usual fashion. We feel a building can be designed to fit the lot. BOARD ACTION The applicant was not present. There were objectors present. The Board determined this case should be disposed of. A motion was made to deny the request. The motion passed by unanimous vote. Vote: 4 ayes, 0 noes, 3 absent. - 4 - August 22, 1977 Item No. 4 - DEFERRED MATTERS Case No. Z-3127-B Applicant: Arkansas Childrens Hospital by Basil Copeland Location: 804 Wolfe Street Description: Long legal Present Classification: "C" Two -Family District and "D" Apartment District Variance: Request permission under provisions of Section 43-14 of the Little Rock Code of Ordinances to permit construction of a temporary building for hospital use, and request a variance to permit a side yard encroachment of temporary buildings. Present Use of Property: Hospital and accessory structures Proposed Use: To expand existing uses. STAFF RECOMMENDATION This item was deferred in the July meeting due to incomplete notice -requirement. The s-t-a-ff -restates its previous recommendation which was: STAFF -RECOMMENDATION This request is one of a continuing number of variances to allow temporary structural placement. The hospital has at present a variance to allow two temporary buildings. The proposal to locate five more buildings on this block does not present insurmountable.problems; however, the Fire•Department will require review of the plan before placement to insure adequate fire access. At the last Board of Adjustment meeting where portable buildings were discussed, the Board went on record as saying that no additional variances would be granted until an overall site plan is presented. The staff has received.a copy of a tentative plan which would fulfill the Board's requirement -if -the applicant will go on record stating this plan is the one to be used. The staff.recommends approval -of this request as filed for the five-year period conditioned on the development plan required. - 5 - 8-22-77 Item No. 4 - DEFFERED MATTERS (Continued BOARD ACTION There were no objectors present. The applicant was present. The: -notices was determined to be in order. The Board voted to approve the request as filed. The vote: 4 ayes, 0 noes, 3 absent. A question was raised.by Mr. Summerlin concerning whether or not he should vote on the issue in -that he is an adjacent property owner. A brief discussion with the City Attorney reflected that it would be proper for him to vote on the issue. IW:M August 22, 1977 Item No. 5 - DEFERRED MATTERS Case No. Z-3138 Applicant: Canaan Missionary Baptist Church Location: 1713 State Street Description: Long legal Present Classification: "C" Two -Family District Variance: Request a variance from the use provisions of Section 43-4 of the Little Rock Code of Ordinances to permit a parking lot in a residential zone, and request a variance from the open space provisions of Section 43-20 of the Little Rock Code of Ordinances to permit parking in the front yard setback Proposed Use: Parking lot. STAFF RECOMMENDATION This item was deferred at the July meeting due to failure of the applicant to complete the notice requirement or attend the meeting. The Board requested that staff advise the church that this is the last deferral and that some action be taken to pursue the request, or withdraw. At this writing no further action has been taken by the church, and no contact made with -the staff. BOARD ACTION The applicant was not present and had not notified owners as required. The Board -voted -to withdraw this case from further consideration. Vote: 4 ayes, 0 noes, 3 absent. - 7 - August 22, 1977 Item No., 6 - OTHER MATTERS Case No; Z-3147 Applicant: L. Routen and Wife Location: 1852 Cross Description: Long Legal Present Classification: "C" Two -Family District Request: Permission to address the Board concerning an interpretation of the ordinance. This applicant desires to obtain the Board's feelings as to whether the Arkansas Consumer Research and the Arkansas Ecology Center are uses that fall within the educational, philan- thropic, institutional definition in the Zoning Ordinance. If the Board holds that these are allowable uses, then the applicant proposes to file a request for permission at the next meeting. This Board dealt with a similar request from an, alcholic rehabilitation center in July. That request was approved and was located in a situation with circumstances similar to this location. The staff feels that these uses are permitted within the ordinance's definition and suggests a request for use of the property as such would be appropriate. BOARD ACTION The.applicant was present, as were the Directors of the two uses involved in the request. There was a brief discussion of the case, and it was determined that the Board Members agreed with staff that the uses are permitted. However, an abstention by one member left less than a quorum anda vote could not be taken. The Chairman asked the applicant to withdraw his request from this Agenda and refile it at such time as he files a specific request. It was suggested that at.the September hearing both.items. could be.deal.t with.. The applicant complied with that instruction and will file for September. W:M 8-22-77 There being no further business, the meeting adjourned at 2:30 p.m. Samuel W. A4derson Vice Chairman 11 ath iel M. Griffin. Secr tary - 9 -