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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 1=24z77 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) - 1 - 1-24-77 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. - 2 - 1-24-77 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. - 3 - 1-24-77 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. - 4 -- 1-24-77 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. - 5 - 1-24-77 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. - 6 - (Continued) 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. - 7 - 1-24-77 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. - 8 - 1-24-77 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. - 9 - 1-24-77 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. - 10 - 1-24-77 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