Loading...
boa_04 19 1976SUMMARY OF LITTLE ROCK BOARD OF ADJUSPIENT MEETING APRIL-19, 1976 2:00 P.M. There was a quorum present and the minutes of the previous meeting were approved. Members present: William L. Moore, Chairman Samuel W. Anderson M. R. Godwin Jerry C. Wilcox Riddick Riffel - City Attorney Members absent: Robert Shell 4-19-76 Item No. 1 - NEW MATTERS Case Number: Z-3009 Applicant• Radford Petroleum Company Location: 1402 Rebsamen Park Road Description: Lot 7, Riverside Commercial Park Present Classification: "F" Commercial District Variance: Requests a variance from setback provisions of Sec. 43.15(4) of the Code of :Ord. to permit extension of canopy into setback to within 2 ft. of the property line BOARD OF ADJUSTMENT ACTION: AFTER MUCH DISCUSSION, THE BOARD VOTED TO DENY THE REQUEST AS RECOMMENDED BY THE STAFF. (4 ayes - 0 noes - 1 absent) Staff Recommendation: This property was developed fairly recently within the City limits at a time when pump island and canopy placement was governed by the same standards from which relief is now being requested. At that time the decision was made to locate the pump island as shown, due to parking considerations, with full knowledge that canopies could not extend any closer to the street. There have been no relevant changes in circumstances. No hardship exists other than,a self-created one. Therefore, the staff recommends denial. There were objectors present. The applicant was represented by Perry Whitmore, Attorney. The Board asked the applicant if it would be acceptable to him if the Board dealt with the first (5) five items as one since the issues are the same. The applicant's attorney responded that it was acceptable since he represented all five. - 1 - 4-19-76 Item No. 2 - NEST MATTERS Case Number: Applicant: Location: Description: Z-2686-A Radford Petroleum Company 2804 Kavanaugh Boulevard Lots 4 and 5, Block 5.2, Pulaski Heights Addition Present Classification: "F" Commercial District Variance: Requests a variance from the setback provisions of Sec. 43.15 (4) of the Code of Ord. to permit extension of canopy into setback to within 2 ft. of property line I30A#X ()F ADJUST ?NT ACTION: AFTER MUCII DISCUSSION, THE BOARD VOTED TO DENY THE REQUEST AS RECOMMENDED BY THE STAFF. (4 ayes - 0 noes - 1 absent) Staff Recoiamendation: This property was developed in,1973 with benefit of Board of Adjustment variances for setback. it appears that the site was generally developed in -accordance with the approved plan, which plan made no provision for canopies. The location of the existing pump island was chosen with knowledge by the owner that a canopy could not be erected as now proposed. The staff feels that no substantial change has occurred which warrants a variance. Therefore, the staff recommends denial. There were no objectors present. The applicant was represented by Perry Whitmore, Attorney. The Board asked the applicant if it would be acceptable to him if the Board dealt with the first five items as one since the issues are the same. "the applicant's attorney responded that it was acceptable since he represented all five. - 2 M 4-19-76 Item No. 3 - NEW MATTERS Case Number: Applicant: Location: Description: Z-2461-A Radford Petroleum Company 2523 W. 12th Street W37.5 ft. of Lot 3 and the N96,ft, of Lots 4,5, and-6, Block 1, Worthen & Brown's Addition -to -the City of Little Rock Present Classification: "F" Commercial District Variance: Requests a variance from the setback provisions of Sec. 43.5 (4) of the Code of Ord. to permit extension -of canopy to within 3.1 of the property line BOARD OF ADJUSTMENT ACTION: AFTER MUCH DISCUSSION, THE'BOARD VOTED TO DENY THE REQUEST AS RECOMMENDED BY THE'STAFF. (4 ayes - 0 noes - 1 absent) Staff Recommendation: This property was developed fairly recently within the City limits at a time when pump island and canopy placement was governed by the•same standards from which relief is now being requested. At.that time, the decision was made to locate the pump island as shown due to parking considerations, with full knowledge that canopies could not extend any closer to the street. There have been -no -relevant changes in circumstances. No.hardship=exists other than,a self-created one. Therefore, the staff recommends denial. There were no object -ors present. The applicant was represented by Perry Whitmore, Attorney. The Board asked the applicant if it would be acceptable to him_if the Board dealt with the first five items as one since the issues are the same. The applicant's attorney responded that it was acceptable since he represented all five. - 3 - 4-19-76 Item No. 4 - NEW MATTERS Case Number: Z-3010 Applicant: Radford Petroleum Company Location: 2223 West Markham. -Street Description: Lots 1 and 2,'Block 1, except the east'44 ft., Capitol View Addition to the City of Little Rock Present Classification: "F" Commercial District Variance: Requests a variance from the.,setback provisions of Sec. 43.15(4) of. the Code of Ord. to permit extension of canopy to 0.3 ft. of the property line BOARD OF ADJUSTMENT ACTION: AFTER MUCH DISCUSSION, THE'BOARD VOTED TO DENY THE REQUEST AS RECOMMENDED BY THE STAFF. (4,ayes - 0 noes - 1 absent) Staff Recommendation: This property was developed fairly recently within the City limits at a time when pump island and canopy placement was governed by the -same -standards from which relief is now being requested. At that time, the decision was made to locate the pump island as shown, due to parking considerations, with full knowledge that canopies could not extend any closer to the street. There have been -no -relevant changes in -circumstances and no hardship exists other than,a self-created one. Therefore, the staff recommends denial. There were no objectors present. The applicant was represented by Perry Whitmore, Attorney. The Board asked the applicant if it would be acceptable to him if the Board dealt with the first five items as one since the issues are the same. The applicant's attorney responded that it was acceptable -since he represented all five. - 4 - 4-19-76 Item No. 5 - NEW MATTERS Case Number: Z-3011 Applicant: Radford Petroleum Company Location: 8821 Asher Avenue Description: Lot 1, Block 4, Westwood Addition Present Classification: "F" Commercial District Variance: Requests a variance from the setback provisions of Sec. 43.15(4) of the Code of Ord. to permit extension of canopy towithin 5.5 ft. of property line BOARD OF ADJUSTMENT ACTION: AFTER MUCH DISCUSSION, THE BOARD VOTED TO DENY THE REQUEST AS RECOMMENDED'BY THE STAFF.( 4 ayes- 0 noes - 1 absent) Staff Recommendation: This property was developed fairly recently_ within the City limits at a time -when -pump island and canopy placement was governed by the same standards from which relief is now being requested. At that time, the decision .was made to locate the pump island as shown, due to parking considerations, with full knowledge that canopies could not extend any closer to the street. There have been no relevant changes in,circumstances. No hardship exists other than,a self-created one. Therefore, the staff recommends denial. There were no objectors present. The applicant was represented by Perry Whitmore, Attorney. The Board asked the applicant if it would be acceptable to him if the Board dealt with the first five items as one since the issues are the same. The applicant's attorney responded that it was acceptable since he represented all five. - 5 - 4-19-76 Item No. 6 - NEW MATTERS Case Number: Z-3016 Applicant: Jeff Davis by Scott Farrell Location: #41 Scenic Boulevard Description: Lot 41-A, Scenic Heights Addition Present Classification: "A" One -family District Variance: Requests a variance from front yard provisions of Sec. 43-12(4) of the Code of Ord. to permit a front yard of-1 ft. rather than,25 ft. as required 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 lot was developed and built upon prior to its annexation. The existing structure is built largely within the 25 ft. setback area, with the roof line almost making point contact with the street right-of-way. The concrete parking area and two stone walls extend into the right-of-way where there is about 20 ft. between property line and pavement edge. Due to -the precipitous slope (507.+) and shallowness of the lot, the variance is warranted. Part of the proposed -new stone wall and gateway will extend several inches over the property line. Also, new construction is proposed over a 6 in. sanitary sewer line. The staff recommends approval as requested subject to: 1. Additions to the stone wall to be behind the property line or obtain from the Board of Directors a franchise to use the•right- of-way. Z. Construction over the existing sewer line to be subject to approval of the L.R. Wastewater Utility. There were,no objectors present. The owner was represented by Scott Farrell, architect, who indicated that.staff's "conditions" of approval were acceptable. - 6 - 4-19-76 Item tic. 7 -.NEW MAITERS Case Number: Z-1263-A Applicant: Pete Hornibrook Location: 1320 Louisiana Street Description: Lot 7 and the Sk of Lot 8, Block 168, Original City Present Classification: "HR" High Density Residential Variance: Requests a conditional use -permit under provisions of Sec. 43.37 of the Code of Ord. to•permit.a pro- fessional office in,a "HR" District Requests a variance from interior side and rear yard provisions of Sec. 43.36 of the Code of Ord. to permit the -erection -of .a .new structure with less than -required setback (9 inches proposed on both) BOARD OF ADJUSTMENT ACTION:, (SEE 'COMMENTS ON ITEM #18 (this summary) AS THAT ACTION DEFERRED THIS ISSUE'UNTIL MAY 17, 1976.) Staff Recommendation: The subject property was formerl7 used,as a nursing home which bui'ldin' p—are condemned .and intended to .be ,removed to make,way for the present proposal. The staff recommends approval of the conditional use to•permit a "professional office" but that the,site and building plans be modified as follows so,as to harmonize more with the residential character of the -district. 1. Move building 20 ft. to-the,east and provide 4 parking spaces off the alley. 2. Provide a mansard -style roof or other device to make the building less institutional looking. 3. Provide,a planting area between -the front of the building and the 3 ft. sidewalk. 'Convert to angle -parking along the south line to maintain-adequate,.maneuvering room. 4. On�the north line, convert the two•easternmost,parking spaces to "green area". - 7 - 4-19-76 I tr•yn �l:s . 8 NEW MATTERS Case Number: Applicant: Location: Z-1015-A Sam J. Storthz 424 No. University Ave. Description: Long legal Present Classification: "E-1" Quiet Business District Variance: Requests a variance from the side yard setback provisions of Sec. 43.14 (3) of the Code of Ord. to permit a side yard of 318" for 100 ft. along the south property line rather than 14.48 ft. as required BOARD OF ADJUSTMENT ACTION: AFTER A SHORT DISCUSSION CONCERNING PARKING AND ACCESS, IUF. BOARD SUGGESTED A 30-DAY DEFERRAL TO ALLOW THE APPLICANT AND TENANTS TIME TO ATTEMPT TO WORK OUT DIFFERENCES. THE BOARD VOTED TO DEFER THE REQUEST TO THE MAY 17, 1976 MEETING. (4 ayes - 0 noes - 1 absent) Staff ltecotmnendation: Subject property w.',s rezoned to 11E-1" in 1960. The Summit House Apartments are=,..3jacent on the south with their heating and cooling plant just across the line from the proposed addition. The staff has submitted this question to both the Chief Building Inspector (who sees no problem with it) and to the Fire Chief (whose response will be available at the meeting). At present, the area on the south of the existing building is used as a drive to provide one-way circulation. Parking and access will not be materially affected by eliminating this drive. The staff recommends approval subject to Fire Dept. considera- tions. There were objectors present, principally tenants in subject building. M 4-19-76 Item No. 9 - NEW M&TTERS Case Number: Z-3018 Applicant: KARK-TV Channel 4, Inc. Location: 201 [Vest 3rd Street Description: Lots 1 and 2 and Lots 10,11.,_ and 12, except the S25 ft. of the E70 Ft. of Lot 10, Block 83, Original City of Little Rock Present Classification: 1191 Metrocentre i Variance: Requests a variance from the antenna and tower height pro- i visions of Sec. 3.8.3b (1) of the Code of Ord. to,permit the erection of a tower and antenna not to exceed 80 ft. in height above the building roof line BOARD OF ADJUSTMENT ACTION: AFTER A LENGTHY'DISCUSSION, THE BOARD VOTED TO APPROVE THE REQUEST AS,FILED. (3 ayes - 0 noes - 1 absent - 1 abstained) (Sam Ariderson,abstained) Staff Recommendation: The Tower and Antenna Ordinance permics a to;e—r toprojecit 50 ft. above a building roof line. In this case, a 60-ft. tower with a 6 ft. dish -shaped antenna on 'top,. about 65 ft. overall height, is proposed to be erected on a 3-story building. The request for 80 ft. variance is to cover contingencies and reasonable future additions. It is necessary for the television station which will occupy the premises to maintain a clear straight -night line to trans- mission facilities on Shinall Mountain west of town. The intent of the ordinance in this regard is'clearly aimed not at appearance but rather maximum structure heights. Since this building is so much shorter them miny;of those surrounding, it would appear reasonable to:assume that"' 1. A -bare steel framework would be more visually objectionable, grid 2. would also lend itself to use as a support for commercial or identification signs. Therefore,'the staff recommends that the application be denied as submitted, but that a tower be permitted within the height limitations request subject to: 1. The framework being enclosed with an opaque material whose surface is durable and attractive. 2. No�signs or advertising devices to be attached to•the°tower. There were no objectors present. The owner was represented by James McHaney, attorney. - 9 - 4-19-76 Item No. 10 - NEW MATTERS Case Number: Z-2948-A Applicant: Fred Graves Location: 1701 North Mississippi Description: Lots 14 and 15,, Block 4, Riffel and Rhoten's Forest Park Highland Addition Present Classification: 10A" One -family District Variance: Requests a variance from the use provisions of Sec. 43.3 of the Code of Ord. to permit a day care center in "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: During Oct. and Nov. 1975, both the Planning Commission and Board of Directors denied a -petition -for rezoning from "A" to "C" which would have permitted a -day care center on this property. Shortly thereafter, the Zoning Ord. was amended to empower the Board of Adjustment to'permit day care centers among other uses, in districts where they are otherwise -prohibited. The staff had recommended approval of the previous rezoning due to normal considerations of zoning.practice and policy. Considering the surrounding circumstances related to traffic,land use, and zoning, the staff feels that the owners are in fact limited in the uses to which they can -put their property, and that a day care center would be an appropriate use without impacting the surrounding property. The location of the property requires close review by the Traffic Engineering Div. of the City for access and parking, The staff would recommend approval of the request subject to,review by that Division. There were no objectors present. The neighborhood was represented by a spokesman who stated that the use was acceptable,to ahem, that they only objected to,rezoning the lots. - 10 - Z. ,R 4-19-76 Item No. 11 - NEW MATTERS Case Number: Applicant: Location: Description: Z-3020 Charlie Stroud for Residential Improvement Company 1503 South Maple Street The west k of Lots 8 and 9, Block 1, Thompson's Addition to -the City of Little Rock Present Classification: "B" Residence District Variance: Requests a variance from the front yard setback provisions of Sec. 43.12(4) of the Code of Ord. to permit a 19 ft. front yard setback rather than 25 ft. as required BOARD OF ADJUSTMENT ACTION: THE BOARD -VOTED TO APPROVE'THE REQUEST. (4 ayes - 0 noes - 1 absent) Staff Recommendation: Maple Street in this block is under improved and discontinuous. The structures are old, rundown, and many are within 25 ft. of the right-of-way line. Expansion -and renovation of this structure as proposed has no negative results for the neighborhood. The staff recommends approval as filed. There were no objectors present. The owner was represented. 4-19-76 Item No, 12 - DEFERRED MATTERS Case Number: Applicant: Location: Description: Present Classification; Variances Z-.2780-B Independent Foreign Car, Inc. 6523 Lancaster Road Long legal "E-111 Quiet Business District Requests permission under pro- visions of Sec. 43 of the Code of Ord. to permit off-street parking in "E-1" Quiet Business District BOARD OF ADJUSTMENT ACTION: THE BOARD, AFTER HEARING CLAIMS AND COUNTER CLAIMS CONCERNING COMPLIANCE WITH PREVIOUS VARIANCES, VOTED TO APPROVE'TRIP REQUEST, SUBJECT TO COMPLIANCE WITH PREVIOUS APPROVAL -ON THEADJACENT PROPERTY. (3 ayes - 1 no - 1 absent) Staff Recommandationo This item was deferred from the March Board of Adjustment agenda. The staff restates its previous recommenda- tion. This proposal would provide additional parking space for the garage to the north which is adding additional floor space to the shop. The proposed parking would not be for in and out, but would provide storage for cars being repaired. ;he staff feels this proposal would not impact the adjacent area provided the kind of screening used on the former site is employed. The staff would recommend approval provided the 6 ft. fence along the ,north line of this site be removed and re -installed along the easement area and a 4 ft. fence be installed on the Lancaster Road side. Thero were objectors present and they made a lengthy presentation (J.P. Cora, Attorney for Westgate Apartments). The applicant Jim Spike■ was present and responded to the objection, There was a lengthy discussion following. - 12 - IFl. 4-19-76 Item No. 13 - DEFERRED MATTERS Case Number: Z-.2994 Applicant: McDonald's Corporation Location: 120 North Jackson Description: Lot 3, except the west 8 ft. thereof, and Lots 4,5 and 6, Block 8, Pfeifer Addition and a portion of an•alley to be closed in Block 8 Present Classification: "B" Residence District Variance: Requests variance under pro- visions of Sec. 43.3 of the Code of Ord. to permit parking in,single-family district BOARD OF ADJUSTMENT ACTION: AFTER A LENGTHY DISCUSSION OF THE ISSUES, THE BOARD DETERMINED THAT A DEFERRAL WOULD BE IN ORDER DUE TO ONLY 3 VOTING MEMBERS BEING PRESENT. THERE BEING ONE PERSON ABSTAINING (SAM ANDERSON), THE BOARD THEN VOTED TO DEFER THE REQUEST UNTIL MAY 17, 1976 AND REQUESTED THE STAFF TO GET ADDITIONAL INFORMATION REGARDING THE'DRAINAGE PROBLEM. (3 ayes - 0 noes - 1 absent - 1 abstaining) Staff Recommendation: This item was deferred at the March, 1976 meeting. The staff restates its previous recommendation." -The proposal as presented is a typical kind of parking lot variance except for the location. There are several issues to be dealt with here that can -severely impact the residential area to the north. 1) The manner in which ingress and egress is provided may or may not create traffic movement problems on Markham or add significantly to the traffic on Jackson or "A" Street. 2) The .grade problems on the site, present visual conflicts that normal screening can not provide protection against. 3) Parking lot lighting will most likely create excessive light source. 4) The drainage structure crossing the•site could create problems if not properly handled. 5) Treatment of the present fence line between this property -and the doctor's parking lot to•the west. After discussing these problem areas with the City Departments involved, the staff would recommend approval of the request subject to: - 13 - 4-19-76 Item No. 13 - Z-2994 (Continued 1) That no access to or from the site be permitted on Jackson or "A" Street. 2) That the parking design -along "A" Street be,redesigned topro- vide some landscaped area along "A" Street between the -property line and the screening fence required, 3) That a 4 ft. screening fence be erected along the Jackson Street side and"A" Street, wheel stops or inner curbs be used to -protect screening. 4) That further thought be given to -the location of the trash collection area. 5) That no,commercial signs be allowed on the north side or:east side of the property (ground or building mounted), 6) That some provision be made for parking lot lighting screens. 7) That contact be made with Public Works to insure that the drainage structure under the site is properly handled. 8) Although screening is not normally required between parking:lots, we feel'that a treatment of some nature be used to break the surfacing of this parking lot to the adjacent lot. This could be accomplished by retention of any existing treep and ground. cover along the west property line. This recommendation was not read at meeting but made,a part of the summary. In addition to the above recommendation, the following comments were presented by the staff at the meeting: "A new plan has been presented which attempts to deal with --the issues which the staff has raised. The staff feels, however, that no.significant change is proposed in the plan that would Iessen the impact on the neighborhood to the degree that we can .support the revision. We do feel that if the property is to be used for parking and if it is to be given access to "A" or Jackson Street, the plan presented is as good as could be drawn." There were 15+ persons present in objection, of which 4'-spoke-on the issue, expressing concerns for access, traffic, drainage, lighting, noise, crime, trash, hours and residential values. The owner was present as was her representative, Danny Thomas. - 14 - 4-19-76 Item No. 14 - DEFERRED MATTERS Case Number: z-3006 Applicant: U.S. Postal Service Location: 2501 West Roosevelt Road Description: Lots 1 and 2, Block 17, Kimball South Park Addition Present Classification: "C" Two-family District , Variance: Requests a use variance•urkder provisions of Sec. 43-3 of the Code -of Ord. to permit parking in "C" Two-family District BOARD OF ADJUSTMENT ACTION: THE CASE-WAS:WITHDRAWN FROM ANY FURTHER ACTION BY THE BOARD. Letter from applicant requests withdrawal from further consideration. - 15 - 4-19-76 Item No. 15 - DEFERRED MATTERS Case Number: Applicant: Location,: Z-3000 Donald Kirkpatrick 1803 South Broadway Descrtption: Long legal ; Present Classification: "E-1" Quiet Business District Variance: Requests a variance fromscreening provisions of Sec. 43 of the Code of Ord. to permit a hedge of less than 4 ft. tall around a parking - lot BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO DENY THE REQUEST AND DIRECTED THE 'OWNER TO PROCEED WITH COMPLIANCE WITH EXISTING REQUIREMENTS. W ayes - 0 noes - 1 absent) _ Staff Recommendation: This item was deferred from March 1976 meeting. The staff restates its previous recommendation. This request is the result of a violation enforcement action which attempted to gain compliance with the screening requirements. The staff would like to point out that the screening has been required between the sidewalk and the street curb -and on�street right-of-way. It appears that foliage of any kind or grass is difficult to maintain -in this area with the foot traffic and bus bench location, etc. The staff is at this point willing to -concede that screening serves no practical function in this instance and indeed may do more harm than good visually. The staff would recommend a waiver of the requirement entirely if the applicant were willing to -take steps to add such landscaping and greenery as can be provided in -the parking lot (planters, etc.) to help break -the parking surface visually. There were no objectors present. The owner -was represented by an attorney. - 16 - 4-19-76 Item No. 16 - DEFERRED MATTERS Case Number: Applicant: Location: Description: r Z-2579 B. C. Corp. a4d Fairmont, Inc, 724 Bishop Street E2 of Lots 7 4nd 8, and all of the E125 ft. of'Lot 9, Block 12, Fausts Addition Present Classification: "D" Apartment bistrict Variance: Requests a variance from pro- visions of'Sec. 43-�2 (d) of the Code of Ord, to.permit parking -in-residential district BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO WITHDRAW THE`REQUEST FROM FURTHER CONSIDERATION IN LINE WITH THE STAFF RECOMMENDATION. (4'ayes - 0 noes - 1 absent) Staff Recommendation: This item has been,de£erred by the Board several times since April 1972. A one-year deferral was granted each time and on each occasion to await tn£orniation concerning the disposition of the Mills Freeway (I-630) right-of-way. This applicant has, since the initial request, paved and used the lots as parking. The applicant was advised by the Board that any improvements placed on the property would be placed at his risk.and,the Board had not approved of the use on the installation of the improvements. The Ark. Highway Dept. informs us that the subject property has been appraised and will be purchased in the near future, The staff would at this time recommend that the case be with- drawn from further consideration and that the minutes reflect that such use and improvements as may have been installed were not approved of by the Board or required of the applicant and the Board does not at this time grant such approved. We ..recommend this notation to clearly show in the'record how the lot was im- proved should purchase by the state involve litigation. i There were no interested persons present either for or against the issue. - 17 - 4-19=76 Item No, 17 - OTHER MATTERS Case Number: Applicant: Location: Present Classification: , Z-.3013 Marie Nolen 725-727 Valentine Street "C" Two-family District BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO CONFIRM THE STAFF RECOMMENDATION .AND ALLOW THE USE GIVEN THE PARTICULAR -CIRCUM- STANCES. (4 ayes - 0 noes - 1 a4ent) Req�!.est: Board review of an issue which, through ordinance amend- ment, occurred beyond the owner's ability to deal with, Staff Recommendation: This application is before the Board not.as a request of the owner but as the result of rather unique circum- stances. The owner of this property has in the�past had difficulty locating property suitable for a day care facility and zoned appro- priately. A letter was requested from the Zoning Office by Mrs. Nolen in 1975 asking the proper zoning for a day care center and as it was the proper izone at the time, "C" Two-family was quoted in our letter. Approximately 6 months later, the owner found the property at 725-27 Valentine and it meets all of her requirements. However, some 30 days prior to her purchase, the City Board of Directors changed the "C" Two-family District and deleted day care as a use by right. The staff feels that the owp.er in this case had pursued all proper avenues but by actions beyond her control finds her use in violation of the ordinance. This owner has, at the direction -of the staff, notified adjacent property owners to,deter- mine if any objection -exists. As of this writing, no objection has been noted. The staff could have administratively approved the�uses con- tinuanee but would feel more comfortable with recommendation of the Board-. There were no objectors present. The owner was present, - 18 - 4-19-76 Item No. 18 - OTHER MATTERS - INTERPRETATION Case Number: Z-1263-A Applicant: Peter Hornibrook Request: The Board is asked to render an-optnion-relative-to Case #7 on this agenda. The applicant desires to locate a courier service in the proposed building, and within the C.L.R. Ordinance this is not clearly identified as a "pro- fessional office -use BOARD OF ADJUSTMENT ACTION: After a length discussion -a motion was made to,accept this use as permitted within the professional office use group. There was a seconding motion but the issue failed for a lack of affirmative vote. (2 ayes - 1 no _ 1 absent - 1 abstained( Sam Anderson abstained). The applicant then questioned the validity of the denial since he received a majority of votes cast. He was informed that 3 votes were required for affirmative action. After further lengthy dis- cussion concerning,expunging the record and deferral, the Board VOTED TO DEFER THE REQUEST UNTIL MAY 17, 1976. THIS MOTION ALSO DEFERRED ACTION ON CASE'NO. 7 ON THIS AGENDA. (3 ayes - 0 noes - 1 absent - 1 abstained) (Sam Anderson abstained) Staff Recommendation: This item is a part of -request #7 on the new matters portion of this agenda. Since this interpretation deter- mines if the use is permitted at all, it should be dealt with first. The zoning ordinance inacted for the Central Little Rock Urban Renewal Project created the °tHR" zone with a view to providing a wider range of uses than the usual residential types. The ordi- nance specifies professional offices as a land use permitted by conditional use permit in "HR". The construction of that ordi- nance leaves many points to interpretation such as the type of use proposed on this property. The use is listed within use group (o) as part of a broader type of business activity, (delivery and express service) not allowed in "HR" by any means. The staff has interpreted this use group (o) type to be in the nature of the several trucking companies operating in the City with freight handling as the main activity. We do�not believe that the proposed use was contemplated by the writers of the ordi- nance as it is apparently a recent creation. We feel that the use is proper provided a limitation of 50% of the floor area is placed - 19 - r 1 I s f 1 I 1 ! 1 1 1 I I I I 3 1 I 1 I I I I I I 1 r I 1 I I I t 4-19-76 Item No. IS - z-1263-A (continued) on Hie morting and diat'ribuLLon arena the remaining 50% to be office apnea only. Tl►e're were several persona present in objection and three organicaLions represented by Joan Baldridge, L-l. B, Stubblefield and Jennifer Moore. The applicant was present. There being no further business, the meeting was adjourned at 5:12 p.m, James A, Finch, Secretary i am L. Moore Chairman - 20 -