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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