boa_01 19 1976MINUTES OF
LITTLE ROCK BOARD OF ADJUSTMENT
MEETING
TANUARY 19, 1976
2:00 P.M.
There was a quorum present and the minutes of the
previous meeting were approved.
Members present: M. R. Godwin
Samuel W. Anderson
William L. Moore
Riddick Riffel - City Attorney
Members absent: S. Spencer Compton
Robert Shell
SL
1-19�-'.76'
Item No. 1 - NEW MATTERS
Case Number: Z-2972
Applicant: Ark. Childrens Hospital by
Warner Butters
Location: 804 & 807 Wolfe Street
Description: Block 3, Marshall & Wolfe's Addition
and the west 92 ft. of the south
46 ft. of Lot 2, and all of Lot 3,
Block 2, Marshall and Wolfe's Addn.
Present Classification: "C" Two-family, "D" Apt. and "E-l"
Quiet Business District
Variance: Requests a variance from the yard
setback provisions of Sec. 43-13
(2 and 4) of the Code of Ord. to
permit encroachment into rear yard
setback and encroachment into rear
and front yard setbacks
BOARD OF ADJUSTMENT ACTION: AFTER A BRIEF DISCUSSION, THE BOARD
ADOPTED A MOTION TO APPROVE THE PROPOSED AS SUBMITTED WITH A
5 YEAR TIME LIMIT TO BE PLACED ON THE USE. THE BOARD WOULD
REVIEW THE ISSUE AFTER THAT TIME. (3 ayes - 0 ores - 2 absent)
Staff Recommendation: This request is to allow 2 trailers which
are to be used for office space, to be so situated that they
require yard setback waivers.
The first is to be located at the southwest corner of 8th and
Wolfe Streets, 5 ft. from the north and east property lines.
This would necessitate a rear yard waiver of some 20 ft. The
second is to be located on the east side of Wolfe Street so
situated as to necessitate a 5 ft. waiver of the required 25 ft.
front yard setback and a 16 ft. waiver of the required 25 ft.
rear yard setback.
The first trailer will occupy a space which is now being
utilized by 6 parking spaces while the second trailer site is
proposed to provide 26 paved parking spaces.
The staff is concerned with the orderly expansion of this use.
We note a previous variance for parking lot improvements on the
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1-19-76 - Z-2972 (Item No. 1 - Continued)
west side of Battery St. between 8th and 9th Streets which has
been before this Board annually since 1972. We observe the
hospital purchasing property surrounding the principal block
and notice the clearing of trees from vacant properties as
well as the conversion of existing residential structures for
offices. The parking lot improvements have been waived to May
of next year as the right�of-way for I-630 has been established
and will not include said property. The only other issue was
the possibility of hospital relocation. This request before
you today suggests to the staff that the hospital is indeed
expanding its facilities throughout this neighborhood. We feel
that the request to locate these trailers should be approved for
a period of one year (to the December 1976 meeting) and that in
the interim, the hospital should develop a master plan for the
expansion of its facilities, showing existing and proposed owner-
ship and uses, phasing said plan as closeto development as
possible. We would like at this time to defer the aforementioned
parking lot improvements from May '76 (as approved by the Board
of Adjustment) to coincide with the submission of the overall
plan. The staff is aware of similar uses which have expanded in
an unorganized fashion and created numerous problems on adjacent
properties. Hopefully, we can combat these negative effects by
trying to evaluate the long range needs of the hospital and the
location of its facilities.
There were no objectors present.
Mr. Butters was present for the applicant and stated that they
were generally in agreement with the staff recommendation
except for the one year time frame.
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1-.19-76
Item No. 2 - NEW MATTERS
Case Number: Z-2973
Applicant: Bill Bailey
Location: 315 East 6th Street
Description: West 65 ft. of Lots 10, 11 and 12,
Block 41, Original City
Present Classification: "HR" High Density Residential
District
Variance: Requests a Conditional Use Permit
be granted to allow an office in a
residential zone via Sec. 43-35 (2)
of the Code of Ord. to permit pro-
fessional offices in a "HR" High
Density Residential zone
Requests a variance from the park-
ing provisions of Sec. 43-35 (g & j)
of the Code of Ord. to delete 10 of
the required 19 parking spaces
BOARD OF ADJUSTMENT AC'21:ON: THE OWNER, BILL BAILEY, WAS PRESENT
AND STATED THAT HE WAS IN AGREEMENT WITH THE STAFF RECOMMENDA-
TION GENERALLY, BUT WOULD LIKE TO HAVE THE PARKING REQUIREMENT
BEGUN WITH THE FIRST OFFICE SPACE HE LEASES TO AN OUTSIDE PARTY.
THIS WOULD ALLOW HIM TO OCCUPY ONE APARTMENT FOR HIS USE AND
NOT COMMIT THE ADDITIONAL PARKING AT THIS TIME. THE BOARD
VOTED TO APPROVE THE REQUEST AS REQUESTED BY THE APPLICANT.
(3 ayes - 0 noes - 2 absent)
Staff Recommendation; Due to a Mills Freeway (I-630) right-of-
way purchase by the Ark. Highway Dept., the applicant must
relocate his real estate office. He has purchased this apart-
ment structure and requests permission to convert two of the
existing 16 apartments for that use with a progressive change-
over to take place on the other apartments as the market
demands. There exists 9 parking spaces on site with no space
for additional parking stalls. The applicant requests a waiver
of the required off-street parking on site and suggests that he
will lease space from an adjacent parking lot.
The staff recommends approval of this conversion as we feel
this is an appropriate office location. We have received a
letter from the owner of the parking lot stating he has space
available to rent. We feel that there is adequate parking
space in the area and recommend approval of this variance subject
to the submission of a copy of a lease agreement for 10 parking
spaces. And, that for each additional 400 sq. ft. of floor area
converted to an office use, that said lease agreement be updated
one space and be kept current in the files of the City Planning
staff.
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1-�19-u76
Item No. 3 - NEW MATTERS
Case Number:
Applicant:
Location:
Z-2835-A
W. J. Walker
601 Rock Street,
Description: West 93 ft. of Lot 2 and the south
12 ft. of the east 50 ft. of Lot 2,
Block 151, Original City
Present Classification: "HR" High Density Residential District
Variance: Requests the expansion of a previous
Conditional Use Permit provisions of
Sec. 43-37 o.f the Code of Ord. to permit
the addition of a parking area in con-
junction with the existing use
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST
AS RECOMMENDED BY THE STAFF. (3 ayes - 0 noes - 2 absent)
Staff Recommendation: This request is to expand the parking lot of
an adjacent office use which was allowed by a previous conditional
use permit.
The staff recommends approval of this request but would like to
point out that we feel the open area around the tree (which was
required at a previous meeting) does not seem sufficient for such
a'large tree. Also, the area around the tree should be covered by
a metal grating, rock or some type of porous material.
The applicant was present.
There were no objectors present.
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1.-1.9-76
Item No. 4 - NEW MATTERS
Case Number: Z-2970
Applicant: R. D. Massery
Location: 1206 South Taylor Street
Description: Lots 1, 2 and 3, Block 4, Oak
Forest Addition
Present Classification: "B" Residence and "C" Two-family
District
Variance: Requests permission to allow a day
care facility in a residential zone
via Sec. 43-22 (4) (D)
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE
REQUEST AS FILED. (3 ayes - 0 noes - 2 absent)
Staff Recommendation: Due to an amendment to the "C" Two-
family zoning district, this issue was moved from the
Planning Commission agenda to the Board of Adjustment
agenda. The Planning staff, in attempting to direct the
applicant to his alternative route before the Board of
Adjustment, failed to properly advise him to renotify
property owners regarding the notice requirement. The
staff has renotified property owners as required and would
like to restate our recommendation concerning the expansion
of this day care facility; the staff recommends approval of
this request as we feel the expansion of this use would not
affect adjacent property as land to the north and east are
zoned "F" Commercial. There is adequate parking and stack-
ing space for automobiles and two large play areas for
children.
There were no objectors present.
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1-19-76
Item No. 5 - NEW MATTERS
Case Number: Z-2975
Applicant: Bill Rettig
Location: 522 Ridgeway
Description: S15' of Lot 2 and N35' of Lot 3,
Block 4, Autens and Moss Addn.
Present Classification: "B" Residence District
Variance: Requests a variance from the bulk
and area provisions of Sec. 43-20
(2)(E) of the Code of Ord. to permit
accessory building to occupy greater
than 30'/ of the required rear yard
setback area
BOARD DF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE
REQUEST AS FILED. (3 ayes - 0 noes - 2 absent)
Staff Recommendation: The staff, after review of this request,
cannot find particular hardship or unique circumstances, nor
can we find reasons for denial.
The proposal as drawn should in no way affect the adjacent
properties. The ordinance allows 30% coverage of a required
rear yard setback with accessory structures. The applicant
proposes to add 200 sq. ft. to the existing 304 sq. ft. This
adds to a total of 504 sq. ft., which is 40% of the yard space
(only parts of structures within the yard area are counted).
The staff would recommend the approval of this request.
There were no objectors present.
1-19-76
Item No. 6 - NEW MATTERS
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-2976
Kenneth Hudspeth
#19 Cinderella Circle
Lot 17, Storybrook Village
"A" One -family District
Variance: Requests a variance from the fence
height provisions of Sec. 43-21(J)
of the Code of Ordinances to permit
fence in excess of 6 ft
BOARD OF ADJUSTMENT ACTION: DUE TO THE ISSUES INVOLVED, THE
BOARD VOTED TO DEFER THE CASE TO FEBRUARY 17, 1976. (3 ayes -
0 noes - 2 absent)
Staff Recommendation: This issue comes to the Board as the result
of a violation investigation. It appeared to the investigating
officer that the fence did not comply and the owner was notified
of his alternatives. There is a question in the minds of all
staff personnel involved in this issue as to the proper method
of measuring the fence height. The ordinance is not clear and
leaves the subject to interpretation.
The staff can not, after review of the history of this case, find
any reason for the fence to exceed the permitted height of 6 ft.
above adjacent ground grade (yard to the west). The fence as it
is located is greatly in excess of the permitted height on the
owner's side of the fence. This is due to the fence being located
on top of a retaining wall. The wall is 25 inches _+ tall on the
east side and the board fence is 6'2" tall for a total of 8'-3".
If measured from the neighbor's yard elevation to the west, the
fence is at the most 714" as the retaining wall is generally
higher than that yard and variable. There is a small space
between the board fence and the adjacent chain link fence, + 2 ft.
The staff feels that if no height difference existed on the west
side of the wall between the adjacent yard and top of wall, the
owner would be permitted 6 ft. of fence.
The only issue the staff finds then is: do you remove portions
of the fence and back fill the wall to make the fence comply, or
waive the height as requested. The staff recommends denial of
the requested variance and the removal of sufficient dimension to
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1-19-76 - Z-2976 (Item No. 6 - Continued)
bring the fence into conformance. In order to back fill the
retaining wall the neighbor's property would most likely be
involved. We would further recommend the lowering of the
fence between the applicant's residence and his neighbors.
These fence sections on both sides of his residence are in
excess of 7 ft. in height.
Freda Thompson was present in objection. There was one letter
(from the same person) in objection.
M:M
1-19-76
Item No. 7 - NEW MATTERS
Case Number: Z-2978
Applicant: Twin Lakes Property Owners Assn.
Location: Lake "B", Twin Lakes
Description: Long legal
Present Classification: "A" One -family District
Variance: Requests a variance from the jurisdiction
provisions of Sec. 43-22 (4)(D) of the
Code of Ordinances to permit community
recreation facility
Requests a variance from the screening
and drive parking surface provisions of
Sec. 43-22 (4)(D) of the Code of Ord.
to permit a substandard parking and drive
surface and deletion of screening require-
ment
Requests waiver of requirement of survey
BOARD OF ADJUSTMENT ACTION: JERRY GARDNER WAS PRESENT FOR THE
APPLICATION AND AFTER MUCH DISCUSSION, THE BOARD VOTED TO APPROVE
THE REQUEST SUBJECT TO THE FOLLOWING:
1. A temporary access agreement is to be submitted at or prior to
application for any building permit. (construction of temporary
access to usual City construction standards is waived -- pending
resolution of permanent access)
2. Provisions fair permanent acceptable access are to be reviewed
and approved by the Planning Staff within one (1) year (by
January 1977);construction shall be to usual City standards for
drives and parking.
3. Parking to be provided as proposed and full paving, screening
and landscaping as per ordinance --to be accomplished in con-
junction with the initial building permit.
4. Plans for screening of pool, tennis court and other facilities
to be reviewed by the Planning Staff prior to issuance of any
building permit.
(3 ayes - 0 noes - 2 absent)
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1-19-76 - Z-2978 (Item No. 7 (Continued)
Staff Recommendation: This request involves a parcel of land
(11.79 ac. +) remaining after the platting of Twin Lakes
Subdivision and set aside.for recreation purposes.
The recent approval by the Board of Directors of the Improve-
ment District to fund this facility has brought about this
request. It is apparent that some of the waiver requests are
financial in nature due to the district not yet producing
revenue.
There are 4 waivers basically and we will respond separately
to each:
1. Waiver of survey requirement for filing request.
In as much as public record holds most of the information
we need, a survey is not a necessity. We would recommend
approval of this request.
2. Location of a quasi -public use in a residential zone
(recreation center).
The staff would recommend approval of this request as this
area has been designated for this use for many years.
3. Improvement of drive access to parking.
The staff feels very strong on this point; that is, improve
all vehicle surfaces per ordinance requirement or provide
none. It could enhance the development of this facility
for neighbors if vehicle access and parking is not available.
If the access is provided, we would recommend a very tight
construction of the lease instrument employed to provide
long-term coverage.and maintenance.
4. Screening of parking areas.
If no parking is provided, the ordinance requires no screen-
ing. However, the staff feels that screening for a use such
as this should not be limited to parking but provide some
physical barrier to sound, light, etc. The staff would
recommend that screening, of a height and type to be deter-
mined by the Board after hearing both sides, be used to
protect the adjacent properties.
There were no objectors present.
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I
1-19-76
Item No. 8 - NEW MATT-EES
Case Number: Z-2979
Applicant: Earl Hilliard
Location: 3822 West 12th
Description: S75' of Lots 7 and 8, Block 15,
Forrest Hills Addition
Present Classification: "F" Commercial District
Variance: Requests a variance from use pro-
visions of Sec. 43-22 (E) of the Code
of Ord. to permit public garage in
commercial district
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO DENY THE
REQUEST. (3 ayes - 0 noes - 2 absent)
Staff Recommendation: This application proposes the location
of a transmission shop in the existing building which was
previously a service station!.
There are a number of former service stations either aban-
doned or occupied by other users on major arteries through-
out the City. The staff feels these buildings in some cases
are suitable for conversion to garage while some would
adversely affect the neighborhood.
The property in this request the staff feels would not be
in keeping with the character of this area. The only use
nearby which could be called a garage is an alignment shop
in the rear of the station at Oak Street and 12th.
The staff would recommend denial of the request.
There were no objectors present. There was one interested
person present.
The owner was not present.
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1-19-76
Item No. 9 - NEW MATTERS
Case Number: Z-2980
Applicant: Bill Hearnsberger
Location: Pleasantree Subdivision
Description: Tract "A", Pleasantree
Subdivision
Present Classification: "A" One -family District
Variance: Requests a variance from the pro-
visions of Sec. 43-22 (4)(D) of the
Code of Ord. to permit community
recreation facility
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE
REQUEST SUBJECT TO PLANNING STAFF REVIEW AND APPROVAL OF
A SCREENING PLAN PRIOR TO ISSUANCE OF ANY BUILDING PERMIT.
(3 ayes - 0 noes - 2 absent)
Staff Recommendation: This proposal is submitted to gain
approval to construct a pool for this subdivision. This
recreation area was set aside by the developer in his plat
for this use.
The staff feels this would be good use of a tract with
drainage problems. However, some form of opaque screening
should be provided between the use and adjacent residences and
adequate landscaping to minimize visual impact across the
cul-de-sac. The staff would recommend approval.
There were no objectors present. There was one person present
who expressed an interest but no objection.
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1-19-76
Item No. 10 - NEW MATTERS
Case Number: Z-2981
Applicant: Jim Rule for Martha Judy
Location: 915 South Cumberland
Description: 512.5' of Lot 4 and N2 of Lot 5,
Block 44, Original City of Little
Rock
Present Classification: "HR" High Density Residential District
Variance: Requests conditional use permit be
granted to allow a travel agency in
"HR" zone
Board of Adjustment Action: THE BOARD VOTED TO APPROVE THE
REQUEST AS RECOMMENDED BY THE STAFF, AND A WAIVER OF THE
ADDITIONAL PARKING SPACES. (3 ayes - 0 noes - 2 absent)
Staff Recommendation: This issue is before the Board as the
result of an ordinance amendment which added travel agencies
as a permitted use in the "HR" zoning district by conditional
permit. The structure.involved is one of several old 2-story
residential buildings in this block which need considerable
maintenance and repair. The applicant proposes, if permitted
his use, to restore the structure and modernize it.
The staff feels the proposal has merit, and in fact, could
bring about a desire for improvement by other owners in the
block. The staff would recommend approval of the request
subject to paving all parking and drive areas, landscape and
screening per ordinance requirements. Further, that some
provision be made to leave adequate surface area undisturbed
around the large trees to protect the root system and water
source.
There were no objectors present. There was one person present
who expressed interest in the affect of this development on
the alley. She was assured this proposal as drawn would not
affect the alley.
- 13 -
1-19-76 (Item No. 10 - Z-2981 Continued)
The Board was made aware of 'a parking waiver that would be
needed inasmuch as the entire building will be office use
and require 8 parking spaces. The property can provide 5
proper stalls. (The exact floor area to be used was not
known prior)
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1-19-76
Item No. 11 - NEW MATTE"
Case No. Z-2982
Applicant: Ratford Petroleum Equipment Co.
for Darrell Mays
Location: 9808 Rodney Parham Road
Description: Lot 4C, Old Forge Addition
Present Classification: "F" Commercial District
Variance: Requests -a variance from front yard
setback provisions of Sec. 43-15 (4)
of the Code of Ord. to permit canopy
in front yard setback
BOARD ❑F ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE
REQUEST AS RECOMMENDED BY THE STAFF. (3 ayes - 0 noes -
2 absent)
Staff Recommendation: This issue is before the Board as the
result of a zoning investigation. The owner started con-
struction of this canopy and believed his property was out-
side the City. After notice that he was in the City and in
violation, he ceased construction and filed this request.
At this time, the owner has a pump island and two poles
already constructed without permit. The pump island nearest
the street was the original and in place when the tract was
annexed. The tract of land on which this use is located was
properly subdivided and street dedication was acquired along
with the proper improvements, curb, street pavement, etc.
The staff would recommend approval of the request subject
to the canopy remaining open on all sides and the supporting
members located on the pump islands.
There were no objectors present.
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1-19-76
Item No. 12 - NEW MATTERS
Case No. Z-2983
Applicant: Ratford Petroleum Equipment Co.
for Darrell Mays
Location: 2723 Johnson Street
Description: Lot 6, Block 10, L. E.
Gallaghers Addition
Present Classification: "F" Commercial District
Variance: Requests a variance from front
yard setback provisions of
Sec. 43-15 (4) of the Code of
Ord. to permit canopy in front
yard setback
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE
REQUEST AS RECOMMENDED BY THE STAFF. HOWEVER, SINCE THE
ADJACENT HOUSE IS OWNED BY THE APPLICANT, THEUFENCE WOULD
BE REgUIRED ONLY IF REQUESTED BY A FUTURE OWNER OF THE
HOUSE. (3 ayes - 0 noes - 2 absent)
Staff Recommendation: This proposal is to provide weather
cover to an open self-service gas station. The lot involved
is narrow in dimension north and south (40 ft.) and has been
used as it now exists for a number of years. The condition
of Roosevelt Rd. being narrow lanes with little right-of-way
behind the curb suggests that at some future time the street
will need widening. The staff does not however feel that the
applicant's proposal impacts that future possibility any more
than the many other structures in existence along Roosevelt.
The staff would recommend approval of the request subject
to the canopy being open on all sides except the north
(against the building) and supporting members being located
on the pump islands now existing. Due to this being an old
station, some of the requirements made on new developments
do not exist. One, which the staff feels could soften the
visual affect on the house to the north, is screening. We
would suggest a 6 ft. board fence be erected on the block
retaining wall west of the building and run west to a point
in line with the front line of the porch of the house.
There were no objectors present. The applicant was present
and stated that the house to be screened was owned by this
applicant.
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1-19-76
Item No. 13 - NEW MATTERS
Case No. Z-2984
Applicant: Charles R. Owen for Pantry, Inc.
Location: 1624 South University Ave.
Description: Lots 4, 5 and 6, Block 5, Cox
Subdivision of Taylor and $odeman
Present Classification: "F" Commercial District
Variance: Requests a variance from the rear
yard setback provisions of Sec.
43 of the Code of Ord. to permit
construction in rear yard space
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE
REQUEST AS FILED. (3 ayes - 0 noes - 2 absent)
Staff Recommendation: This request proposes to set the new
building back as far as possible from University Ave. and
in line with the existing buildings in the area. A grade
separation exists at the rear of this lot which provides
good separation of uses between University Ave. commercial
buildings and the existing houses to the west. This appli-
cant has an alley closure petition before the Board of
Directors, which, if approved, will grant him 5 ft. + of the
present alley right-of-way on the west. This combined with
the 5 ft. he proposes to setback from his west line will
provide 10 ft. +. The staff recommends approval as requested.
There was one person present (Vashitio Varnado, Attorney)
representing Mrs. Cain, an owner of residential property to
the west. She expressed concern that Urban Renewal procedures
may not have been followed and that the proposed waiver would
have adverse affects on her client's property. The staff
reported that the Little Rock Housing Authority receives the
agenda of all meetings in order to respond to any issue they
may have interest in, and that they had expressed no opposition.
The staff also pointed out that due to the change in grade, it
appeared that granting the waiver would in fact improve the
relationship between -structures in that there would be no
activity to the rear of subject property and the proposed
building would be even less visible than if moved forward. The
Board suggested to the applicant that he might obtain for the
objectors evidence from the L. R. Housing Authority that their
procedures were properly followed.
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1-19-76
Item No. 14 - OTHER MATTERS
Approval of Board of Adjustment 1976 calendar. (approved)
Item No.15 - OTHER MATTERS
Election of 1976 officers.
The following members were elected:
William L. Moore _
Robert Shell
Chairman
Vice Chairman
There being no further business, the meeting was adjourned at
3:25 p.m.
.R. edwin, Chairman
James A. Finch, Secretary
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