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.
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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.
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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.
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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.
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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.
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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.
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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".
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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.
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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.
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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:
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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.
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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.
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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.
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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.
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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,
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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
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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
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