boa_03 15 1976SUMMARY OF
LITTLE ROCK BOARD OF ADJUSTMENT
MEETING
MARCH 15, 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
Robert Shell
Jerry C. Wilcox
David Henry, City Attorney
Members absent: None
3-15-76
Item No. 1 - NEW MATTERS
Case Number: Z-2884-A
Applicant: Briggs Association, Inc.
Location: 610 East Sixth Street
Description: Long legal
Present Classification: "GB" General Business District
Variance: Requests permission under the
'provisions of Sec. 43-21 of the ordinance
to permit less than required number of parking
spaces
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUESTED
VARIANCE AS RECOMMENDED BY THE STAFF. (Applicant is to provide the
Planning staff a detailed site development proposal after con-
sideration of the conditions of approval and prior to beginning
actual site work. No permits shall be issued until such plan has
been approved) (5 ayes - 0 noes - 0 absent)
Staff Recommendation: The redevelopment of this site for office use
would be in keeping with the restoration efforts in the downtown
area. A similar conditional use permit was approved on the lot
adjacent on the east on Oct. 21, 1974 for the same applicant as this
case. The staff feels this is a good proposal except for the apparent
shortage of parking and access. We would recommend the approval of the
use permit provided (1) the applicant makes an attempt to gain addi-
tional off-street parking (2) further thought be given to the design
of the parking spaces shown on the proposal: (3) some treatment of
the driveway access to Ferry Street to provide better access (4) a
copy of the paving plan if other than conventional surfacing is pro-
posed (5) all previous requirements on adjacent property be complied
with.
There were no objectors present.
One person spoke in favor of the request and there was one letter in
support.
The applicant was present.
- 1 -
3-15-76
Item No. 2 - NEW MATTERS
Case Number:
Applicant:
Location:
Description:
Present Classification:
Variance:
Z-2780-B
Independent Foreign Car, Inc.
6523 Lancaster Road
Long legal
"E-1" Quiet Business District
Requests permission under provisions
of Section 43 of the Code of Ord.
to permit off-street parking in
"E-1" District
BOARD OF ADJUSTMENT ACTION: A MOTION WAS MADE TO DENY THE REQUEST
BUT FAILED FOR LACK OF AN AFFIRMATIVE VOTE. ANOTHER MOTION WAS
MADE TO DEFER THE REQUEST UNTIL THE REGULAR MEETING ON APRIL 19,
1976. (5 ayes - 0 noes - 0 absent)
Mr. John P. Corn, representing the Westgate Apartment Complex,
spoke in opposition.
There were no letters of objection.
The applicant was present and spoke in behalf of his request.
- 2 -
3-15-76
Item No. 3 - NEW MATTERS
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-2994
McDonald's Corporation
120 North Jackson Street
Lot 3, except the W8 ft. thereof,
and Lots 4,5 and 6, Block 8,
Pfeifer Addition
"A" One -family District and "F" Commercial
Variance: Requests a use variance under
provisions of Sec. 43-3 of the
Code of Ord. to permit a parking.
lot in a single family district.
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO DEFER THE REQUEST AT
THE REQUEST OF THE APPLICANT TO THE APRIL 19, 1976 MEETING (NO
RENOTIFICATION NECESSARY) (5 ayes - 0 noes - 0 absent)
Staff 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:
1. That no access to or from the site be permitted on Jackson or "A" St.
2. That the parking design along "A" St. be redesigned to provide some
landscaped area along "A" St. between the property line and the screening
fence required.
3. That a 4 ft. screening fence be erected along the Jackson St. side and
"A" St., 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 or east side of the
property (ground or building mounted).
- 3 -
3-15-76
Item No. 3 - Z-2994 Continued
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..surfaging
of this parking lot to the adjacent lot. This could be accomplished by
retention of any existing trees and ground cover along the west property
line.
Mr. Danny Thomas was present to represent the owners.
There was one letter of objection and one petition of objection
containing 9 signatures.
There were several persons present in objection but did not speak to the
issue due to the deferral.
- 4 -
3-15-76
Item No. 4 - NEW MATTERS
Case Number: Z-2997
Applicant: Charles Whitten, Jr.
Location: 2824 Circlewood Drive
Description: Lot 157, Kingwood Place
Present Classification: "A" One -family District
Variance: Requests a waiver of side yard provisions
of Sec. 43-12 (3) of the Code of Ord.
to permit side yard of 5.21 rather than
7.6' as required by ordinance
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUESTED
VARIANCE AS SUBMITTED. (5 ayes - 0 noes - o absent)
staff Recommendation: The staff would recommend approval of this
request as it appears that the addition would not have an adverse effect
on the adjacent property.
There were no objectors present.
- 5 -
3-15-76
Item No. 5 - NEW MA'TIERS
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-2999
William Norris
2224 Main Street
S 40' of Lot 13 and Lot 14, Sub-
division of Lot 13, Rapley's
Estates
"E-1" Quiet Business District
Variance: Requests a waiver of rear yard pro-
visions of Sec. 43-14 (2) of the Code
of Ord. to permit a rear yard of 12'
rather than 25' as required by ord.
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE
REQUESTED VARIANCE AS RECOMMENDED BY THE STAFF. (Applicant is
to provide the Planning Staff a parking lot layout proposal for
4 cars prior to beginning actual site work. No permits shall be
issued until such plan has been approved) (5 ayes - 0 noes -
0 absent)
Staff Recommendation: The applicant in this case proposes to move
onto the site a structure which has been condemned at its present
location. The applicant proposes to renovate the building and
create a residential unit. The staff would recommend approval
subject to the applicant meeting all requirements of the building
code when locating the structure and providing four off-street
parking spaces on site.
There were no objectors present.
One person was present and spoke in favor of the request.
- 6 -
3-15-76
Item No, 6 - NEW MATTERS
Case Number: Z-3000
Applicant: Donald Kirkpatrick
Location: 1803 S. Broadway
Description: Long legal
Present Classification: "E-1" Quist :Business District
Variance: Requests a variance from screening
provisions of Sec. 43 of the Code
of Ord. to permit a hedge or
screening of less than 4 ft. tall
around a parking lot
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO DEFER THE REQUEST
UNTIL THE APRIL MEETING. (5 ayes - 0 noes - 0 absent)
Staff 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_and..;io letters of objection.
.y
The applicant failed to provide notice to adjacent owners and
requested by letter that his case be deferred until the April
19, 1976 meeting.
- 7 -
3-15-76
Item No. 7 - NEW MATTERS
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-3001
St. Vincent Infirmary
Markham and University
Long legal
"B" Residence District
Variance: Requests a variance from use
provisions of Sec. 43-22(4)(d)
of the Code of Ord. to permit a
hospital in the "B" one -family
District
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST
AS RECOMMENDED BY THE STAFF. (5 ayes - 0 noes - 0 absent)
Staff Recommendation: The only issue before the Board in this case
is a request to allow a hospital in a residential zone as permitted
under the powers of the Board of Adjustment. The St. Vincent
Hospital being a church owned and operated use was not subject to
specific zoning ordinance regulation in the past. It has been sug-
gested to the staff that the legal ownership may be changed for
financial reasons and thereby require rezoning or use exception
from the Board. The staff would recommend approval of the request
subject to a requirement that the parking lot at West Markham and
University be included and improved at such time as a building permit
is requested for this next addition to the hospital.
There were no objectors present and no letters of objection.
The applicant was present aid spoke in behalf of his request.
3-15-76
Item No. 8 - NEW MATTERS
Case Number: Z-3004
Applicant: C. W. and Cathryn Brockwell
Location: 10707 Warren Drive
Description: Lot 15, Capital Place
Present Classification: "A" One -family District
Variance: Requests a variance from side
yard setback provisions of
Sec. 43-12 (3) of the Code of
Ord. to permit 3.5 ft. side yard
setback
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST
AS SUBMITTED (it was noted that this approval should not be taken
to imply that such would be granted on other lots in the area).
(5 ayes - 0 noes - 0 absent)
Staff Recommendation: This request was filed by the applicant to
gain additional buildable area on the south side of the residence.
This additional floor space is to be used in the construction of a
model home with "new" ideas in home design. It was the staff's
understanding that the contractor had already started framing this
two story structure when the plan for the change was drawn. The
house as it stands on the site now is nearly complete except the
south end which is open and exposed to weather. The staff feels
this proposal was conceived without giving the usual consideration
to house and lot relationships. Even though the residence to the
south is on a corner lot, and rears on this lot, future problems
could result if this variance was granted. The staff would there-
fore recommend denial of this request.
There were no objectors present and no letters of objection.
There was one letter in support of the request.
The applicant was present and spoke in behalf of the application.
- 9 -
3-15-76
Item No. 9 - NEW MATTERS
Case Number: Z-3005
Applicant: Brown -Godwin, Inc.
Location• 5000 Block Timberland Drive
Description• Lot 51, Tall Timber West,
Phase 2
Present Classification: "A" One -family District
Variance: Requests a use variance under
provisions of Sec. 43-22 (4.d)
of the Code of Ord. to permit
community recreational center
in "A" One -family zoning District
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST
AS RECOMMENDED BY THE STAFF. (Applicant is to provide the Plan-
ning Staff a detailed site development proposal after consideration
of the conditions of approval and prior to beginning actual site
work. No permits shall be issued until such plan has been approved.)
(4 ayes - 0 noes - 0 absent - 1 abstained) (M. R. Godwin abstained)
Staff Recommendation: This request is to allow a community recre-
ation center in a residential zone. Prior to recent ordinance
amendment a center of this nature could be located in a "C" Two-
family District. This is not now the case and "D" Apt. zoning is
required which would be undesirable. The powers of the Board of
Adjustment permit the location of this kind of use with Board review.
The staff, in field checking this request, observed that the pool
location shown will probably require removal of a number of trees
which could be a good resource for this site. The staff finds no
problem with the use on the site, but would strongly suggest that
further effort be made to obtain a site design better utilizing the
open spaces on the site now. The staff would recommend approval of
the request subject to:(1) providing a redesign of the site to save
as many trees as possible(2) provide no off-street parking, as we
feel that the number shown is inadequate for any purpose and may
generate auto rather than foot traffic (3) erection of a 6 ft. board
fence along the south and north lines to screen adjacent single-
family lots (4) if the west side of the proposed pool, wherever
located is not screened by the all purpose courts or trees, then a
6 ft. board fence be erected on its west side.
There were no objectors present and no letters of objection.
- 10 --
3-15-76
Item No. 10 _ NEW MATTERS
Case Number,:
Applicant:
Location:
Description:
Present Classification:
Z-3006
U. S. Postal Service
2501 West Roosevelt Road
Lots 1 and 2, B1ock17, Kimball
South Park Addition
"C" Two-family District
Variance: Requests a use variance under
provisions of Sec. 43.4 of the
Code of Ord. to permit parking
lot in a "C" Two-family zoning
District
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO DEFER THE CASE UNTIL
THE APRIL 19, 1976 MEETING IN ORDER THAT THE APPLICANT HAVE TIME
TO REVIEW HIS PROPOSAL WITH THE STAFF AND BRING BACK TO THE BOARD
A MORE DETAILED PROPOSAL. (5 ayes - 0 noes - 0 absent)
Staff Recommendation: This application was filed by the Post Office
to receive permission for additional off-street parking for the
present Post Office station. The staff requested as usual a layout
for parking stalls, landscaping, screening, etc. As of this writing,
the Post Office has not provided this information, and in fact
suggest that they may not provide one at all. The staff feels we
can recommend approval of the use of this site for parking; however,
we suggest that any approval be conditioned by requiring a complete
layout including the driveway access which will require approval by
the Traffic Engineering Section.
There were 6 persons present expressing interest in the case but no
particular objection.
The Post Office representative from Memphis was present and discussed
the proposal at length.
There being no further business, the meeting was adjourned.
4f
WIiam L, Moore, Chairm n
James A. Finch, Secretary