boa_06 27 1977SUMMARY OF
LITTLE ROCK BOARD OF ADJUSTMENT
MEETING
June 27, 1977
2.00 P.M.
There was a quorum present and the minutes of the previous
meeting were approved.
Members present: Robert Shell, Chairman
Samuel W. Anderson, Vice Chairman
Ray Fureigh
M.R. Godwin
Kirby Smith
James C. Summerlin
Jerry C. Wilcox
Riddick Riffel, City Attorney
Members absent: None
6-27-77
Item No. 1 - NEW MATTERS
Case Number: Z-3119-A
Applicant: Bob Joblin
Location: 2616 Kavanaugh Boulevard
Description: The middle 46 2/3 ft. of Lots
9 and 10, Block 17,.Pulaski
Heights Addition
Present Classification: "F" Commercial District
Variance: Request a variance from the front yard
setback provisions of Sec..43-15 of the
L.R. Code of Ord, to permit enclosure
of existing porch
Proposed Use:
Request a variance from the parking
space provisions of Sec, 43-21 of the
L.R. Code of Ord, to permit one less
than required number of spaces
Residential and retail
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST AS
RECOMMENDED BY STAFF (7 ayes - 0 noes - 0 absent).
Staff Recommendation: This request is. for the purpose of adding addi-
tional floor space to the existing sales operation on this property.
The existing building contains some residential as well as retail,
this is partly the reason for a parking space waiver. The porch on
the front of the building is to be enclosed and used as a showroom.
The adjacent structures east and west have large porches generally
aligning with -this one: If enclosed, this porch will have little, if
any, adverse effect on adjacent property. The parking variance
request is in our estimation more critical and if these large resi-
dences are to be converted to business activity, parking must be
provided.
We recommend approval of the variance requested at this time since
this is the initial conversion of the building: .However, we feel that
this approval should be conditioned by the record reflecting no
further commercial occupancy permitted until appropriate parking is
provided.
There were no objectors present. The owner was present.
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6-27-77
Item No. 2 - NEW MATTERS
Case Number: Z-3145
Applicant: LaVaughn Waddell
Location: #7 Buffington Court
Description: Lot 14, Buffington Place Addition
Present Classification: "A" One -family District
Variance: Request a variance from the side
yard provisions of Sec. 43-12 of
the L.R. Code of Ord. to permit
construction of a raised patio on
the property line
Proposed Use:
Residence
BOARD OF -ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST
AS RECOMMENDED BY STAFF (7 ayes - 0 noes - .0 absent).
staff Recommendation: This applicant's proposal is simple in nature,
but due to an interpretation of the Codes, no foundation wall this
high may be constructed on the property line. The construction is.
a patio slab poured on a retaining wall and fill. Most of the work
has been accomplished except for some fill and pouring of the slab.
Apparently.a.build.ing permit was issued for the job without a
full understanding of the owner's -proposal.
We feel that the owner has invested a substantial dollar and time
value in the work and a hardship would exist if he is directed to
remove -this improvement. We would recommend a waiver be_granted for
the improvement proposed, but that no fence, wall, cover or other
structure be erected on the patio. However, if a privacy screen is
desired, then we recommend that such screen not exceed the normal
6 ft. height permitted from the adjacent yard elevation.
There were no objectors present. The applicant was present.
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6-27-77
Item -No. 3 - NEW MATTERS
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-3138
Canaan Missionary Baptist Church
1713 State Street
Long legal
"C" Two-family District
Variance:- Request a variance from the use
provisions of Sec. 43.-4 of the
L.R. Code of Ord. to permit parking
lot in residential zone
Proposed Use:
Request a variance from the open
space provisions of Sec. 43-20 (2)
(f) of the L.R. Code of Ord. to
permit parking in front yard set-
back
Parking lot
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO DEFER THIS:CASE UNTIL
THE JULY 25TH MEETING (7 ayes - 0 noes - 0 absent).
Staff Recommendation: This request is to permit a church on the west
side of State St. to have a detached parking -lot on the east -side. If
this lot were adjacent to the church, there would be no variance
needed. Therefore, a hardship could be determined if parking is not
allowed since the church has purchased the lot and the structure has
been removed.
Staff would recomhend approval of the request as the 20+ spaces
allowed on this small lot should have little adverse effect on
adjacent residential.uses. We would suggest that a minimum of 15 ft.
setback be retained as grass and landscaping in the front yard. The
lot should be fully paved and -any street curb or driveway aprons
needed be installed. Screening will be required along the east, south
and north lines (4 ft. opaque).
The notice requirement was not completed. The owner was not repre-
sented.
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6-27-77
Item No. 4 - NEW MATTERS
Case Number:
Applicant:
Location:
Description:
Present Classification:
z-3141
Joe R. Moody
4923 Stonewall Road
The N73 ft. of Lots 4 and 5 and the
W10 ft. of the N73 ft. of Lot 3,
Block 28, Newton's Addition
"A" One -family District
Variance: Request a variance from the front
yard provisions of Sec. 43-12 of the
L.R. Code of Ord. to permit con-
struction in front yard setback
Request a variance from the rear yard
provisions of Sec. 43-12 of the--L.R.
Code of Ord. to permit expansion of
non -conforming structure
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST
AS FILED (7 ayes - 0 noes - 0 absent).
Staff Recommendation: This request is to permit a small addition to
this residence which -will encroach several feet into the required
front yard setback. We have observed no problems with the proposal
and feel there will be no adverse effect on adjacent properties.
We would recommend approval of the request as filed.
There were no objectors present. The applicant was present.
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6-27-77
n
Item No. 5 - DEFERRED MATTERS
Case Number:
Applicant:
Location:
Description:
Z-3134
Charl ies R. Stewart
9322 Monique Drive
Lot 643, Sec. "H", Train Lakes
Subdivision
Present ossification: "A" One -family District
Variance: Request a variance from the fence
height provisions of Sec. 43-21 ri)
of the L.R, Code of Ord, to permit
fence in excess of that allowed
BOARp OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST
AS RECOMMENDED BY STAFF BUT INDICATED THAT IN NO EVENT SHOULD
APPLICANT BE REQUIRED TO DISMANTLE FENCE OR MAKE ANY CUT REQUIRING
A LOVING OF THE TOP HORIZONTAL RAIL TO CQ�iPLY, -<4 ayes - 0 absent -
3 abstentions) (Ray Fureigh, Kirby Smith and Jerry Wilcox abstained)
Staff Recommendation: This case was deferred at the May meeting due to
incomplete notices. Staff restates its previous recommendation, which
was: This variance request is the result of a zoning enforcement
action, 'The owner has for some time been building a large board fence
in the setback area along Romiue Road,- The fence height varies but is
well above the permitted 4 ft, he property line. There is a grade
change between the street curb Othe property line of approximately
3 ft, It is suggested that the street being above the grade of the
yard causes problems such as auto headlight glare,
The staff feels that the location. of the fence is no problem as far
as sight distance on the corner, However, the fence should 'not exceed
3 ft. above the height of the curb line.
We recommend the fence height waiver be approved but that an on -
site inspection be made by enforcement personnel to determine horn much
should be removed from the fence.
The owner was present, There was one person present who did not object
to the fence but stated he was opposed to the manner of construction.
A petition containing 9 signatures of objectors was placed on file.
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6-27-77
Item No. 6 - OTHER MATTERS - Interpretation
Name: Bill Harrison
File No: 1-A (Z-3136)
Address: 1872 Schiller Street
Description: Lots 12 and 13, Block 4,
Moore and Penzel Addition
Subject: Request from Economic Opportunity Agency
for an interpretation of the Or (Sec.
43-22 (4)(d) as to whether or not an
alcoholic rehabilitation center qualifies
Present Classification: "C" Two-family District
BOARD OF ADJUSTMENT ACTION: AFTER A'BRIEF DISCUSSION OF THE ISSUE
WITH MR. HARRISON, THE BOARD VOTED TO APPROVE A MOTION WHICH DECLARED
THE INTENDED USE TO BE A PHILANTHROPIC USE, (7 ayes - 0 noes -
0 absent) SINCE THE APPLICANT HAD FAILED TO NOTIFY ADJACENT OWNERS,
THE BOARD COULD NOT DEAL WITH A SPECIFIC ACTION TO PERMIT THE USE.
THEREFORE, THE APPLICANT IS TO FILE FOR THE JULY MEETING AND COMPLY
WITH ALL REQUIREMENTS FOR A HEARING.
Staff Recommendation: This request for interpretation was initiated as
the result of a denial of rezoning to "D" Apt. The applicant has pro-
posed to locate an,alcoholic rehabilitation center at this address.
The zoning ordinance treats this use principally as lodging; therefore,
apartment -zoning was required. The Planning Commission denied the
request for "D" in May this year and it was generally the feeling of
the Commission that they were not opposed to the use .but did not want
a "D" Apt. spot zone at this location. The applicant, after discus-
sing his alternatives with staff, decided to file this request as
Sec. 43-22-(4) of the Code of Ord. permits the Board of Adjustment to
locate these .uses where normally not permitted-. The use would be
principally lodging for 8 _+ clients and a -houseman living at the center.
Counseling sessions would be held twice daily on individual and .group
basis-. The applicant feels this use is within the -scope of that ordi-
nance section:, quoted previously, as a nonprofit philanthropic use.
There has been no objection expressed by the neighborhood.
The staff is inclined to agree with the applicant as the use is
residential in nature and would present little physical evidence of
other use.
(Continued)
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6-27-77
Item No. 6 - 1-A (Z-3136) (Continued
-- We would recommend to the Board approval of a request to locate
at this address if the Board should determine the use is appro-
priate and falls within,.the-scope of the ordinance.
There were no interested parties or objectors present. Mr. Harrison
was present representing the request.
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6-27-77
Item No 7 - OTHER MATTERS - Interpretation
File Number: 1-B
Name:
Rosemary McCormick
Address: 124 Dickson Drive
Subject: Request from applicant for interpretation
of Sec. 43-3 of Code of Ord. as to whether
the "Home Occupation" term includes on-
-site sale of plants
BOARD.OF ADJUSTMENT ACTION: AFTER A BREIF DISCUSSION, THE .BOARD VOTED
ON AND ADOPTED A MOTION DECLARING -THE INTENDED'USE INAPPROPRIATE FOR
A'HOME OCCUPATION, THEREBY DENYING:THE USE (7 ayes O'noes - 0' absent).
Staff Recommendation: This applicant requests an interpretation of the
zoning ordinance Section 43-3(8)(a) and (b) as follows:
" (a) Home occupations, such as the office of a physician, surgeon,
dentist, musician, or artist.
(b) Customary home occupation stich as millinery, dressmaking, or
other like home occupations conducted by persons residing on
the premises.
Any of the above uses may be conducted in -the main building provided such
use -shall not occupy a floor area greater than -one-half (') the floor
area'of the first story of the .building.
The Board o.f Adjustment is hereby empowered and directed to determine
the number of paid employees or assistants to be allowed in any of the
above accessory uses in order to carry out the intent and spirit of this
chapter, provided, however, that in no case shall more than -two (2) paid
assistan.t:s or employees beallowed."
The interpretation -requested deals with a home business which is con-
ducted in -the following fashion and whether it fits the above:
A greenhouse and plant.sales which will be totally conducted on the
premises at 124 Dickson Dr. Plants will be raised on site as well as
shipped in from other greenhouses. There, will be no commercial truck
traffic except an occasional van,and the owner's vehicle. One,sign is
proposed with owner's name, business.bdentification-and address. No
specific sign Aetails have been submitted. The owner proposes to use
only the carport and a greenhouse addition on the rear ,of the residence.
There will be no :other employees on -the premises. The''operation will be
limited in,scope for approximately 4 yrs. until retirement of the appli-
cant.
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6-27-77
Item No. 7 - 1-B . Continued
__ The staff feels that the use as proposed is. clearly a retail
establishment. The principal item setting :this use apart from the
usual home occupation is that customers will come to this residence
to make retail purchases.
We would not recommend that such uses be introduced, as home
occupations.
There being .no further business the meeting adjourned at 2:37 p.m.
Robert Sell, Chairman
ath iel M. Griffin,,! Secre ary
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