boa_05 17 1976SUMMARY OF
LITTLE ROCK BOARD OF ADJUSTMENT
MEETING
MAY 17 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 (Mr. Shell left
after voting on Items 1, 2 and
6,as they were presented in -that
order)
Jerry C. Wilcox
Riddick Riffel, City Attorney
5-17-76
Item No. 1 - NEW MATTERS
Case Number: Z-3022
Applicant: Russell Martin for Ark. Nursing Home, Inc.
Location: 1701 South Elm Street
Description: Lot 1, Block 7, Braddock's Addition
Present Classification: "B" Residence District
Variance: Requests a variance from the use provisions
of Sec. 43.3 of the Code of Ordinances to
permit parking in "B" Residence zoning
District
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED'TO APPROVE THE REQUEST AS
RECOMMENDED BY THE STAFF EXCEPT Item #3 TO BE REVIEWED BY ENGINEERING
DIV. OF COMMUNITY SERVICES DEPT. TO DETERMINE EXACT IMPROVEMENTS
NEEDED AND IF THEIR INSTALLATION IS FEASIBLE. (5 ayes - 0 roes -
0 absent)
Staff Recommendation: This request is part of a continuing development
program of Arkansas Nursing Home. The lot in this request, although
providing only 11 spaces, will add needed off-street parking. It is
apparent that many visitors as well as employees now park on the
neighborhood streets which creates problems for traffic movement.
The staff feels the use as parking is appropriate since the lot is
too small for a residence of any size. The staff would recommend
approval..of.the request subject to:
1. The usual screening.and landscap-ing...
2. The elimination of the first space.off Elm St. as it would create
site problems on the corner and is.not allowed by the Parking Ord.
3. The provision of street improvements on both Elm and 17th Streets.
The applicant was present. There were 5 objectors present and Mrs.
Shackleford spoke against the proposal. There was one petition of
objection with 28 signatures.
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5-17-76
Item No. 2- NEW MATTERS
Case Number:
Applicant:
Location:
Description:
Z-2876
Edward Scharff, Jr, for Pulaski Bank
and Trust Company
5808 "R" Street
Lots 13 through 18, Block 7, Mountain
Park Addition
Present Classification: "F" Commercial District
Variance: Requests a variance from the height
provisions of Sec. 43-15(1) of the
Code of Ord, to permit a height of
45 ft. rather than 35 ft. for elevator
tower and or pylons above roof line
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST
AS FILED. �(4 ayesT- 0 noes - 0 absent - 1 abstained) (J. Wilcox
abstained) The Traffic Dept, has reviewed the revised ramp access
and approved (E. Peters).
Staff Recommendation: This request is a follow up to a variance
request approved by the Board on Aug. 19, 1974, which granted a
setback waiver an front yard and rear yard, The applicant has
requested and received from the Board of Directors a franchise
to allow the overhanging parking deck on the roof, over the
property line. The only issue in this request is the height of
the two pylons on the "R" St. side of the structure.
The staff finds no problem with the proposal and would recom-
mend approval.
The applicant was present. There were no objectors present,
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5-17-76
Item No. 3 - NEW MATTERS
Case Number: Z-3028
Applicant: Grantier Construction Corp.
Location: #3 Cinderella Circle
Description: Lot 10, Storybook Village
Present Classification: "A" One -family District
Variance: Requests a variance from the rear yard
setback provisions of Sec. 43.12.(2) of
the Code of Ord. to permit a 20 ft. rear
yard setback rather than 25 ft.
BOARD 0_FADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST
AS FILED. (4 ayes - 0 noes - 1 absent)
Staff Recommendation: This request is not supported in the usual
fashion by �aJhardship condition typical of room addition variances.
The existing house is at present conforming in every respect and
the only factor the staff finds supportive of the request is the
depth of the lot (107 ft.). However, the intrusion into the rear
yard is not substantial, being only 20% of that required.
The staff feels the approval of the variance will not impact
the neighborhood or adversely affect the adjoining properties. We
would recommend approval.
The applicant was present. There were no objectors present.
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5-17-76
Item No. 4 - NEW MATTERS
Case Number:
Applicant:
Location:
z-2398-A
Ron Tabor for Bailey Corp.
7704 "X" Street
Description: Long legal
Present Classification: 'IMF 24" Multi -family District
Variance: Requests a variance from the front
yard setback provisions of Sec.
43-45 (2b) of the Code of Ord. to
permit a 15 ft. exterior yard rather
than 25 ft.
BOARD OF ADJUSTMENT A_CT_ION: THE BOARD VOTED TO APPROVE'THE REQUEST
AS FILED. (4,ayes - 0 noes -1 absent)
Staff Reco=nendation: This request is part of the continuing
devel�opmeii.t-of-this property which was rezoned "MF'24" in June
1972. This'property development has been opposed by adjacent
property owners primarily due to densities and setbacks. This
development has been reviewed several times by the staff for
building permits, and in each case, 25 ft. of setback .was proposed
in conformance with the ordinance. This 25 ft. would align with
existing buildings fronting on "X" Street. A variance for front
yard setback -less than ordinance requirement was denied on the
development to the west and at that time one of the basis for
denial was that this development proposed to meet ordinance
minimums.
The staff feels there is sufficient land area to deal with
location of this building if the building -were turned east and
west as shown on previous plans. Therefore, we -recommend denial
of the plan submitted and that further review be given by the owner
to redesign.
The applicant was present. There were no objectors present.
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5-17-76
Item No. 5 - NEW MATTERS
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-3031
Charles Galloway for Old Town
Properties
604 East 6th and 609,611 and
619 East 5th Street
Long legal
"GB" General Business District
Variance: Requests a waiver of off-street
parking provisions of Sec. 43-35
(1)(a) of the Code of Ord. for an
18 month period while a purchase,
lease, or lease -purchase arrange-
ment can be made on the vacant
property on the western one-fourth
of the block
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE
VARIANCE IN LINE WITH THE STAFF RECOMMENDATION EXCEPT THE
TIME FRAME FOR THE LEASE WHICH MAY BE-18 MONTHS. THE APPLI-
CANT IS FURTHER GRANTED PERMISSION TO STAGE'THE'LEASE AND
NUMBER OF SPACES AS ]EACH OF THE THREE PROPERTIES IS DEVELOPED.
(4 ayes - 0 noes - 1 absent)
Staff_ Recommendation: This application is before the Board
primarily due. to non-compliance with previous Board requirements
at 610-620 E. bth Street. However, due to new properties being
optioned or acquired by the applicant, the circumstances are
somewhat altered in the case. The applicant has submitted a
-rend+aring by a local firm which shows a potential future land use
of this block. The applicant proposes at this time and on a short
term basis (18 months) to provide off-street parking on a com-
mercial parking lot between Arkla and the Coachman's Inn. This
would be accomplished by means of a lease arrangement for a
specific number of cars.
The staff has reviewed the planned use of the structures and
it appears, without actual square footage figures on each, that
an additional 25 parking spaces are required by ordinance for
the three new properties. This brings the total spaces required
for all 5 properties now owned or optioned to 40 + spaces. The
applicant has submitted a letter in which he proposes future
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5-17-76
Item No. 5 - Z-3031 Continued
acquisitions in the block to provide permanent parking (the W75 ft.
of the block), He further states that he will, in the event that
acquiring the 'west 75 ft. of the block is not possible, make
available 15 spaces on -site for the 3 properties in this request as
well as the 8 now required for the -corner at 6th,and Ferry Street,
The staff finds no problem with the proposals set forth in the
applicant's petition. However, we feel that firm contractural
arrangements must be employed to assure future availability of
parking on a permanent basis.
We would recommend approval of the request subject to the appli-
cant obtaining from the commercial parking lot owner a two-year
lease for a minimum of 25 spaces. We would further suggest that
the applicant be put on notice that further variances of any nature
will not be approved until he complies with the"present requirements.
5-17-76
Item No. 6 - DEFERRED MATTERS
Case Number: Z-2994
Applicant: McDonald's Corp.
Location: 120 N. Jackson Street
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 provisions
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,
A MOTION WAS MADE TO APPROVE THE REQUEST'AS RECOMMENDED BY THE STAFF,
BUT FAILED PASSAGE FOR LACK OF AN AFFIRMATIVE VOTE. THE APPLICATION
WAS DENIED. (2 ayes - 2 noes - 1 abstained-0 absent) (Sam Anderson
abstained)
Staff Recommendation: (Due to late receipt of additional information
in this ^case, the staff will present its comments at the meeting)
The staff briefly outlined the new plan and informed the Board that
all the issues that the staff had introduced had been resolved.
Therefore,the staff recommended approval.
The applicants were present, Mr. D. Thomas and Jim Caldwell, and both
addressed the Board. There were 6 persons present in objection and
four addressed the Board: Mrs. Wormack, H. Branton, Mrs, Atkinson,
and Mrs. Keith,
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5-17-76
Item l . _7= DEFERRED MATTERS
Case Number: Z-1263-A
Applicant: Pete Hornibrook
Location: 1320 Lousiana Street
Description: Lot 7 and the S'j of Lot 8,
Block 168, Original City
Present Classification: "HR" High Density Residential Dist.
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: THE BOARD VOTED TO WITHDRAW THE REQUEST
FROM FURTHER CONSIDERATION. (4 ayes - 0 noes - 1 absent)
StaffRecommendation: The applicant requests withdrawal of the case
from further consideration. (The interpretation issue deferral
from April concerning this proposal is not now of interest to the
applicant).
5-17-76
Item No. 8 - DEFERRED MATTERS
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-1015-A
Sam J. Storthz
424 N. University Ave.
Long legal
"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' along the south property line
rather than 14.48 ft. as required
BOARD_ OF ADJUSTMENT ACTION: THE STAFF ADVISED THE BOARD OF THE FIRE
CHIEF'S RENDATION WHICH IS 5 FT. MINIMUM IF A 4 HOUR RATED
FIRE WALL.IS CONSTRUCTED. THE APPLICANT SUGGESTED THIS WAS
ACCEPTABLE. THE BOARD VOTED -TO APPROVE THE REQUEST SUBJECT TO THE
FIRE DEPT. RECOMMENDATION. (4 ayes - 0 noes - 1 absent)
Staff Recommendation: This case was deferred at the April 19th
meeting after tenants in the building expressed objection. The
owner has informed the staff that these objections have been
resolved.
The staff restates its previous recommendation which was approval
subject to Fire Dept. considerations. Since the last meeting, we
had contact with the Fire Chief's office and the following is his
response,:
1. The 100 ft. span -with only 3 ft. of clearance would hinder
firemen in,combating a fire.
2. Summit House heating and cooling plant is adjacent on,the
south.
We take these remarks to mean he would like to,see more than 3 ft.
provided. He makes no,comment on,a dimension. However, the staff
feels 6 ft. of setback would provide better fire access and would
afford the applicant 15 ft. of add on.
The applicant was present. There were no objectors present.
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5-17-76
Item No. 9 - OTHER MATTERS
Case Number: Z7'1747
Applicant• Arkansas Childrens Hospital
Location: 800 Block Battery Street
(west side)
Description: Long -legal
Present Classification: "C" Two-family District
Variance: Requests permission -under the
provisions of Sec. 43-22 (4) (d) of
the Code of Ord. to permit -parking
lot in•residential zone (without
required improvements)
BOARD OF ADJUSTMENT ACTION: the board voted to•close the file and
directed the staff to follow up onilandscaping. (4,ayes - 0 noes -
1 absent)
Staff Recommendation: This issue is before the Board to•request
closure of the file and discontinue the annual deferrals which
started in April 1973. The improvements as previously required
are in,place and the zoning Enforcement Staff reports it is
acceptable. This issue had been extended on . -a yearly basis until
final disposition of the Mills I-630 right-of-way was made.
The Board was advised that possible additional landscaping may
be required. This is an -enforcement issue and the staff will
follow-up to insure compliance.
There were no interested parties present.
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5-17-76
Item No, 10 - OTHER MATTERS
RESOLUTION - Attached is a resolution of the Board of Directors
dealing with properties adjacent to MacArthur Park and the
fashion in -which the Board of Directors desires the Board of
Adjustment deal with them.
The staff will answer any questions or respond in -whatever
fashion the Board desires at the meeting.
BOARD OF ADJUSTMENT ACTION: THE BOARD HAD;NO*RECORD COMMENTS ON
THE RESOLUTION AND DIRECTED THE STAFF'TO-NOTE RECEIPT OF THE
RESOLUTION IN THE MINUTES.
5-17-76
Item No. 11 - OTHER MATTERS
Case Number:
Applicant:
Location:
Z-2780-B
Independent Foreign Car Dealership
6523.Lancaster Road
BOARD OF ADJ €JSTK ENT ACTION: THE BOARD MADE NO FORMAL MOTION ON THE
ISSUE. The staff is to pursue the issue and attempt to obtain 6 ft.
of fencing along the lines previously required. This would require
a 6 ft. fence along Lancaster instead of the previously required 4 ft.
.and the 6 ft. fence on the south and east to be placed as high as
possible on -the -utility mound without obstructing access to the,ease-
ment.
Staff Recommendation: A report from the Zoning Enforcement Officer
relative to,comments made at the April meeting concerning compliance
with previous Board of Adjustment requirements. The staff outlined
the report of the investigating officer and due to the circumstances
in the case, recommended some changes in,the previous requirements to
offset improper construction.
There being no further business, the meeting was adjourned at
3:15 p.m.
Ji lliam L. Moore
Chairma-.n-
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Ll�-4�
James A. Finch, Secretary