boa_01 24 1977SUMMARY OF
LITTLE ROCK BOARD OF ADJUSTMENT
MEETING
JANUARY 24, 1977
2:00 P.M.
There was a quorum present and minutes of the
previous meeting were approved.
Members present: Robert Shell, Chairman
Samuel W. Anderson
William L. Moore
Jerry C. Wilcox
Riddick Riffel, City Attorney
Members absent: M. R. Godwin
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Item No. 1 - NEW MATTERS
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-3070
P. E. Munnerlyn
720 East loth Street
Part of Lots 8,9 and 10,
Block 4, Masonic Addition
11HR11 High Density Residential
District
Variance: Requests a variance from front
yard setback provisions of
Sec. 43-36(2) to permit 10 ft.
setback
BOAE(D OF ADJUSTMENT ACTION: The Board, after a lengthy di;�P�LgsLo7,
voted to approve the request as recommended by staff. (4 ayes -
0 noes - 1 absent.
Staff Recommendation: This request involves 2 detached parcels,
one of which is a remnant from the I-30 right-of-way purchases.
It is the remnant on which the variance is requested. In order
to provide the required parking on the site, one yard space would
have to be modified. It appears from the layout that the designer
intends to present an aligned frontage on East loth St., thereby,
maintaining continuity of development across the alley.
The staff finds no problem with the request and would recommend
approval subject to the following:
1. The 5 parking spaces on this east side of the alley should be
lengthened 5 ft. to the east to allow better maneuvering room for
the northernmost spaces.
2. The screening around the perimeter of parking on Lots 8-9
(east of alley) could be removed as it does not serve the usual.
screening function.
3. Screening along the north side of Lot 10 (west of alley)
should be a solid board fence at least 4 ft. in height and run tb e
length of the lot except the front 20 ft.
4. The northernmost stall on the west parking lot on Lot 10
should be lengthened _+ 5 ft. to allow maneuvering room to exit the
stall. This condition would include a waiver if necessary to allow
the parking stall in a front yard. (Ordinance would allow encroach-
ment.)
5. Place interior curbs or wheel stops around parking areas so
as to provide protection to the required screening.
(Continued)
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Item No. 1 - NEW MATTERS -Z-3070 (Continued)
6. Provide 4 ft. evergreen plantings around south and west
perimeter of parking spaces on Lot 10, so as to provide an opaque
screen within a reasonable time.
The applicant was represented by A. S. Rosen. Ms. Athalee Walrod
was present and expressed concern about the density proposed.
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Item No. 2 - NEW MATTERS
Case Number: 2-3100
Applicant: J. Groseclose
Location: 8502 Asher Avenue
Description: Long legal
Present Classification: "F" Commercial District
Variance: Requests permission under
provisions of Sec. 43-22(4)(c)
to locate a public garage in
a commercial zone
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST
AS RECOMMENDED BY THE STAFF. (4 ayes - 0 noes - 1 absent)
(In discussing this case, the fact of parking lot joint use by a
neighbor was introduced and the staff is to pursue the issue with
the Epforcement Office.)
Staff Recommendation: This request is before the Board as the result
of privilege license problems. The applicant has apparently moved
into the structure and invested much time and finances in the move.
The neighborhood immediately surrounding the site is mixed use,
retail, office, light industrial and residential. The effect of
locating. this use does not appear adverse to adjoining uses.
The staff feels that the use should be allowed to continue but
that several items we feel are significant should be made a con-
dition of any approval. These are: ,
1. All of this use should be internal with no outside storage
of equipment or material.
2. No salvage of autos on the site.
3. No abandoned inoperative autos on site.
4. Since this site I fronts Asher Ave. and the Highway Dept.
is at present working with the City to obtain the needed right-of-
way for a 4-lane street, it would be appropriate to require of this
owner the dedication of 10 ft. of street right-of-way.
5. The existing parking lot is not in a good state of repair and
steps should be taken to insure all areas subject to traffic are
properly surfaced in accordance with the ordinance.
The owner was represented by P. Wittenburg who is the tenant. There
was one objector present representing the property lying immediately
north of this site. The applicant stated that he was aware of the
conditions suggested by the staff and was prepared to comply. He
further stated that the owner was prepared to dedicate the required
10 ft. of right-of-way.
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Item No. 3 - DEFERRED MATTERS
Case Number:
Z-3069
Applicant:
James and Andrea Lane
Location:
1101 North Polk Street
Description:
Lot 7, Block 7, Hollenberg
Addition
Present Classification:
"A" One -family District
Variance:
Requests a variance from side
yard provisions of Sec. 43-12
of the Code of Ord. to permit
an addition to existing,resi-
dence which will encroach 3 ft.
into the required side yard
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE
REQUEST AS FILED.
(4 ayes - 0 mes - 1 absent)
Staff Recommendation: This item has been deferred on several
occasions due to incomplete notice to adjacent owners as
specified by ordinance. The staff restates its previous recom-
mendation: The applicant in this case proposes to close in a
porch and expand the floor space some 3 ft. into a side yard
at first floor level only. The relationship of this residence
to the street is good as this is a minor street with only
surface treatment and narrow width. The right-of-way adjacent
to this lot is 5 ft. wider than usual (55 ft.), plus the street
lies off -center to the south side of the right-of-way.
In light of the above, the staff recommends approval of the
request.
There were no objectors present. The'applicant was present.
The notice was determined to be in order.
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Item No. 4 - DEFERRED MATTERS
Case Number: Z-3088
Applicant: S.S. Farley
Location: 9521 West Markham Street
Description: Long legal
Present Classification: "A" One -family District
Variance: Requests a variance from the
fence height provisions of
Sec. 43 of the Code of Ord.
to permit a fence height of
7 ft. rather than 6 ft. in a
required setback area
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTtD TO APPROVE THE
REQUEST AS FILED. (4 ayes - 0 noes - 1 absent)
Staff Recommendation: This item was deferred at the December
meeting due to incomplete notice to adjacent owners as speci-
fied by ordinance. The request is before the Board as the
result of enforcement action. The owner/applicant has erected
a board fence along his south property line for security
purposes. This fence is 7 ft. in height and 167+ ft. in
length. The terrain in this block is generally flat and
except for the applicant's property no light or air obstruc-
tions are apparent.
The staff would recommend approval of the variance.
The applicant was not present or represented. There were no
objectors. The notice was determined to be in order.
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Item No. 5 - DEFERRED MATTERS
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-3090
St. John Baptist Church
2524 Main Street
Lots 5,6 and 7, Block 1
Fletcher and Wright's Addition
"C" Two-family District
Variance: Requests a variance from the
use provisions of Sec. 43-22(4)
(d) of the Code of Ord. to permit
a parking lot
Requests a variance from the yard
provisions of Sec. 43-20 of the
Code of Ord. to permit parking in
a required front setback
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST
AS RECOMMENDED BY THE STAFF BUT GRANTED THE WAIVER OF REQUIRED
NUMBER OF SPACES FOR THE TOTAL CHURCH DEVELOPMENT, NOT TO EXCEED
5 SPACES AS REMOVED FROM THIS SITE. (4 ayes - 0 noes - 1 absent)
Staff Recommendation: This item was deferred at the December meet-
ing due to incomplete notice to adjacent owners as specified by -
ordinance. This request is the result of a recent fire and sub-
sequent relocation of the church which previously occupied this
corner. The new church is to be constructed across Main St. at
the corner of Roosevelt Rd. The neighborhood is predominately
residential with some business along Roosevelt Rd., and most all
street .improvements are in place as a result of Model Cities and/or
Community Development Block Grant. The new site is not large enough
to accommodate the required 50 to 60 spaces and all buildings. An
attempt is being made to obtain from the Little Rock Housing Authority
a commitment for 20 or more spaces. Those spaces and this request
should fulfill ordinance requirement.
The staff feels it can recommend approval of the variance for use,
but denial of front yard parking. Further, that the following be
done to minimize impact on the area:
1. Move the access drive on Main St. north and turn parking lay-
out over to place parallel stalls along 26th St. side.
2. Eliminate all parking within front yard and provide land-
scaping with curbing to prevent automobile use of area.
3. On those parking stalls which open onto both drives, wheel
stops should be used.
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Item No. 5 - Z-3090 (Continued
4. Place 6 ft. opaque fence along north property boundary.
5. Place 4 ft. opaque fencing along south side of play area and
30-inch high opaque fencing along 26th St. side of parking area from
driveway to front building line.
6. Place 30-inch high opaque fencing along front yard setback
line.
The church was represented by C. Dennis Edwards who made requests
that if the Board denied the front yard waiver that the church be
granted a waiver of those affected spaces (4 or 5, dependent on
redesign).
There were no objectors present at the meeting, The notices were
determined to be in order.
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Item No. 6 - DEFERRED MATTERS
Case Number:
Applicant:
Location.
Description:
Present Classification:
Z-3092
Geyer Springs Church of Christ
6009 West 53rd Street
Long legal
"A" One -family District
Variance: Requests a variance from the
use provisions of Sec. 43-22
(4)(d) of the Code of Ord, to
permit a religious institution
and parking lot in 1°A" One -
family District
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO. -APPROVE THE REQUEST
AS RECOMMENDED BY THE STAFF. (4 ayes - 0 noes - 1 absent)
Staff Recommendation: This item was deferred at the December meeting
due to incomplete notice to adjacent owners as specified by ordi-
nance. This item is before the Board as the result of an enforce-
ment action. The property is used as a church parking lot and
office. The parking surface now consists of loose rock and no
street improvements or proper driveway aprons exist. The adjacent
Land uses on this side of the street are principally residential
and the north side of 53rd St, is occupied by the principle church
plant.
The staff feels it can recommend approval of the uses requested,
but would like to point out that the Code of Ordinances requires the
paving of -the lot and installation of street improvements, Due to
past requirement and installation of street improvements along W.
53rd, we feel these improvements should be made a condition of
approval of this variance.
The applicant, Rev. Cannon, was present. There were no objectors
present. The notices were determined to be in order.
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Item No. 7 - DEFERRED MATTERS
Case Number: Z-3091
Applicant: Allen D. Green
Location: 814 Wright Avenue
Description: Long legal
Present Classification: "C" Two-family District
Variance: Requests a variance from fence
height provisions of Sec. 43-
21(j) of the Code of Ordinances
to permit a 6 ft. fence in the
front setback rather than 4 ft.
BOARD OF ADJUSTMENT ACTION: THE BOARD DETERMINED THAT THE CASE
COULD NOT BE HEARD AND VOTED TO DEFER THE REQUEST UNTIL THE
FEBRUARY 28, 1977 MEETING. THE OWNER WAS DIRECTED TO PROCEED
WITH THE REMAINING NOTICE. (4 ayes - 0 noes - 1 absent)
Staff Recommendation: This item was deferred at the December
meeting due to incomplete notice to adjacent owners as
specified by ordinance. This item .is before the Board as the
result of enforcement proceedings. The owner has erected a
board and chai.nlink fence 6 ft. in height within the required
front yard setback; A fence height of 4 ft. is the maximum
allowed in this setback. Although this is physically a side yard
of the house on .the lot, it is the required front yard of this
lot as well as the lots to the north. The fence As now located
almost completely blocks from view the house on the second lot
and may, in fact, provide that owner with visability problems
for access to his lot.
Stop signs control this intersection and there is not a high
volume of traffic on either street. The staff feels that a 6 ft.
fence height is not a problem here but the opaque surface is. The
Traffic Code Section dealing with blind corners prohibits this
type of fence.
The staff would recommend approval of the fence height waiver
but recommends that the board fence be moved to the north proper-
ty line and the chainlink fence there be placed on the corner. It
has been -suggested that Community Services Dept, would look
favorably on this fence plan change.
The owner was present and stated that there were several items of
notice not complete.
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Item No. 8 - DEFERRED MATTERS
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-3089
J. R. Tait and R. J. Coppess
by Bob Lowry
2900 Kavanaugh Boulevard
(northwest corner, Palm,, and
Kavanaugh)
E90 ft. ,Lots 5 ai.ii 6, Manni.ngs
re -subdivision of Block 53,
Pulaski Heights Addition,
"F" Commercial District
Variance: Requests a variance from the
use provisions of Sec. 43 of
the Code of Ord. to pe n.it a
garage in 11F" coiiannrcial District
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST
AS RECOMMENDED BY STAFF. (4 ayes - 0 noes -• 1. absent)
Staff Recommendation: This item was deferred at the Dacei<iber meet-
ing due to incomplete notice to adjacent owner: av spP.cified by
ordinance. This case is before the Board as the result of a
privilege license denial. The City Collector's Office in the
performance of regular field checks determined this use was not
licensed. The owner then attempted to obtain a licerse and was
informed of his violation.
The use, a muffler shop, has been in this forger serViC-P station
building for several months and performs only muffler related work.
The staff inspection of the site reveals that the use is a clean
operation, well maintained, with low traffic. generation, The site
is well screened from neighborhood single family areas by a large
apartment structure on the north and commercial d.evel.opmeant on the
remaining sides. The use adjacent on the west is an industrial
type use (machine shop/auto parts repair). Since this site has
been used for automotive service type uses for many years, this
use does not materially change the character of the neighborhood.
The staff would recommend approval of the variance requested.
However, we feel that the use should be limited to a muffler shop
only and any future expansion into body or paint operation, etc. be
reviewed by the Board.
The applicant, Bob Lowry, was present. There were no objectors. The
notice was determined to be in order.
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Item No. 9 - OTHER MATTERS
Subject: Notice Requirement to Adjacent Owners
The Board, after disposing of the regular items of business, directed
their attention to the subject of notices. The Board expressed their
concerns about the manner in which the ordinance now directs their
hearing cases.
The Board, by unanimous vote asked that the City Attorney's Office be
made aware of the Board's concerns and that these concerns be expressed
to the City Board.
There being no further business, the meeting was adjourned at 3:15 p.m.
Robert Shell, Chairman
James A. Finch
Secretary