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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. - 1 - 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, - 2 - 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. - 3 - 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. - 4 - 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 - 5 - 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, - 7 - 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. - 9 - 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. - 10 - 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- - 12 - ,:Z-- Ll�-4� James A. Finch, Secretary