Loading...
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. - 1 - 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. - 2 - 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. - 3 - 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. - 4 - 1- 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. - 5 - 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) - 6 - 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. - 7 - 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. - 8 - (Continued) 0 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 - 9 -