boa_11 15 1976SUMMARY OF
LITTLE ROCK BOARD OF ADJUSTMENT
MEETING
NOVEMBER 15, 1976
2:00 P.M.
There was a quorum present and minutes of the
previous meeting were approved.
Members Present: William L. Moore, Chairman
Samuel W. Anderson
Jerry C. Wilcox
Riddick Riffel, City Attorney
Members Absent: M. R. Godwin
Robert Shell
11-15-76
Item No. 1 - NEW MATTERS
Case Number: Z-3082
Applicant: J. E. Hathaway, Jr., Agent for
Drs. Riffel and Roberson
Location: 1200 Block Breckenridge Dr.,
east side of street
Description: Long legal
Present Classification: "E-1" Quiet Business District
Variance: Requests permission under the
provisions of Sec. 43-22 of the
Code of Ord. to permit an animal
hospital in the "E-l" Quiet Busi-
ness District
BOARD OF ADJUSTMENT ACTION: After a brief discussion of the issues,
the Board voted to adopt a motion which stated that this use will
not be considered a use by right in "E-l" zoning districts. (3 ayes -
0 noes - 2 absent)
The Board then proceeded to deal with the variance requested. A
motion was made to deny the variance and failed for lack of a second.
A motion to approve was made and seconded but failed for lack of an
affirmative vote. (The variance was denied.)
The applicant asked the chairman what options he had in obtaining a
rehearing when more members would be present. The chairman, after
discussing the issue with other members and being advised by the
City Attorney, asked for a motion to expunge the record of previous
action, and a follow-up motion to defer the request until the Dec.
20th meeting.
Both motions passed, (3 ayes - 0 noes - 2 absent) and the issue is
deferred until December 20, 1976. Additional requirement for notifi-
cation was not required.
There were several persons present interested in the request. The
president of the Breckenridge Property Owners Association was
present and stated that group would support the request as filed.
Staff Recommendation: This application is before the Board as the
result of interpretation differences between the staff and the
applicant. The applicant suggests that the ordinance does not
exclude the location of "animal" medical facilities from "E-l"
zoning districts. It is suggested that the occasional keeping of an
animal does not alone make this a "hospital", as animals require
(Continued)
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11-15-76
Item No, 1 - Z-3082 (Continued)
significantly less in care, attention or services.
The staff view of ordinance and one supported by verbal opinion
of the City Attorney in the past is: (1) the ordinance specifically
deals with clinics and doctor's offices. These uses are rarely
overnight facilities and as generally stated in the foreword of the
"E-l" Section (4306.) compatible with residential uses, (2) the
"hospital" definition in the zoning ordinance does include clinics.
However, we do not feel the terms are synonimous. That is, hospital
may include clinic, but a clinic is not necessarily a hospital.
There are several routes this issue can follow to resolution and
the applicant in the interest of time has chosen to place two before
the Board. First, the interpretation, if the Board determines that
the proposed use is an allowable use in "E-1", then the issue is
resolved.
Secondly, the variance application, if the Board determines that
the use is not permitted in "E-1", but is in fact a hospital requiring
"F" zoning, then the applicant would present his case for a variance
as permitted under Sec, 43-22(4)(d) (which section provides that the
Board may allow hospitals in zones where prohibited,)
The staff has, for a number of years experienced difficulty in
the interpretation of this issue. We do, however, feel strongly
that uses which create nuisances such as noise, odor, etc, should
be closely examined before allowing literal interpretation of the
ordinance to create bad land use relationships.
The staff would suggest that it is inappropriate to allow the
proposed use in "E-l" by right, but that the use is in this case
not located so as to be a nuisance to neighbors.
The staff would recommend approval of the variance requested in
an "E-1" location,
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11-15-76
Item No. 2 - NEW MATTERS
Case Number: Z-3086
Applicant: Arkansas Orchestra Society by Owen Lyon
Location: 4014 South Lookout
Description: Long legal
Present Classification: "A" One -family District
Variance: Requests permission under the
provisions of Sec. 43-22(4)(d)
of the Code of Ord. to permit as
a temporary use, a philanthropic
institution in the "A" One -family
District
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST
AS RECOMMENDED BY THE STAFF EXCEPT THAT ITEM #3 BE ELIMINATED AND
NOT REQUIRED. (3 ayes - 0 noes - 2 absent)
Staff Recommendation: This request is similar in nature to two
previous applications by the Orchestra Society. The existing
two-story residence will be converted to a Symphony Designer
House for display of hand-crafted items and their sale. Admission
would be charged the p blic for tours of professional decorators'
work, which is donate The ordinance specifically lists those
items allowed as home occupations and this would not be permitted.
Therefore, the only -procedure is that outlined in Sec. 43-22(4)(c)
Board of Adjustment jurisdiction. That section allows temporary
commerce in residential districts with Board of Adjustment approval.
The staff would recommend approval subject to the two restric-
tions outlined in the applicant's letter and three staff recommenda-
tions:
1. Period of operation from April 15, 1977 to May 9, 1977,
2. Use of structure to revert to single family on May 10, 1977.
3. Owner to live in structure during period of operation and a
copy of the lease with that requirement to be placed in the
file.
4. Any signs used to be removed no later than May 10, 1977.
5. Assurance of sufficient parking in the immediate area.
The staff, in reading the recommendation, noted that one notice was
not entirely in compliance with ordinance. However the City Attorney
and Board felt that the fact that the owner has submitted a letter of
support for the issue and stating awareness of the notice was suffi-
cient.
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11-15-76. Item No. 2 - Z-3086 (Continued
There were no objectors present. The applicant was present and
addressed the Board. The applicant pointed out that in the
previous request of this nature on Broadway Item 3 of the staff
recommendation was not a requirement. (The Board did not require
it but the staff recommendation contained the requirement, ed.
comment.) The Board was advised that the remaining items in the
recommendation were acceptable to the applicant.
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11-15-76
Item No. 3 - NEW MATTERS
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-3083
M.M. Eberts Post No. 1 -
American Legion
315 East Capitol
Long legal
"HR"High Density Residential
District
Variance: Requests waiver of yard setback
provisions of Sec. 43-36 of the
Code of Ord. to permit addition
to existing building (which is
non -conforming)
Requests permission under the
provisions of Sec. 43 of the
Code of Ord. to permit expansion
of a non -conforming use
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST
AS FILED. (3 ayes - 0 noes - 2 absent)
Staff Recommendation: This request is the result of a request to
add additional floor space to an existing nonconforming building.
In 1971 the Central Little Rock Urban Renewal Project Zoning Plan
was adopted and that plan dezoned this property to a classifica-
tion which then made the present use nonconforming. The building
now on the site was constructed under the provisions of a zoning
district which allowed 0 ft. setback on all sides. The "HR" classi-
fication now on the property provides for minimum setbacks which this
building can not meet.
The staff site inspection revealed that 11 parking spaces will be
lost to the construction but a sufficient number remains (45) to meet
the requirement of ordinance which is 20 spaces.
The staff would recommend approval.
There were no objectors present. One person was present and spoke in
favor of the request.
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11-15-76
Item No. 4 - NEW MATTERS
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-3078
City of Little Rock, Ark.
5820 Scenic Dr.
Lots 5 and 6, Block 3 and E2
of adjacent closed Grant St.,
all in Parkview Addition
"A" One -family District
Variance: Requests a variance of rear
yard setback provisions of
Sec. 43-12 of the Code of Ord.
to permit retention of an
addition with encroachment in
rear yard (5 ft. encroachment)
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO DEFER THE CASE
UNTIL DECEMBER 20, 1976. THE STAFF IS TO WORK WITH APPLICANT
TO INSURE COMPLIANCE. (3 ayes - 0 noes - 2 absent)
Staff Recommendation: This issue is before the Board as the
result of the improper issuance of a building permit to a
previous owner of the lots on October 31, 1975. That permit
was for the addition of rooms on the north side of the exist-
ing residence. The addition has been completed and the
property has changed hands. The issue of the rear yard
encroachment first came to the attention of the Permits Staff
when a complaint from a neighbor was investigated. The record
reveals that these lots were platted facing Grant Street, which
has been closed, thereby rendering what was the side of the
lots to front yard relationship. The house before the addition
encroached one (1) foot into the rear yard and this addition
adds five (5) feet to that dimension..
The Planning Staff, after an on -site review of the proposal,
could find little objectionable with the addition. There are
a great number of trees of varying types between this addition
and adjoining structures and with the existing grade change in
this block it is doubtful any fencing or structural screening
is of value. A screening fence of sufficient height to totally
screen the addition would do more violence than service.
The staff recommends that the variance be granted.
This item was not presented to the Board as one notice to an
adjacent owner was not completed as required by ordinance.
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11-15-76
Item No. 5 - NEW MATTERS
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-3080
A. McClellan by D.P. Wilson
5508-10 "B" Street
The W2 of Lot 11 and all of 12,
13, 14, all in Block 17, Pfeifer's
Addition
"C" Two-family District
Variance: Requests permission under the
provisions of Sec. 43-22 (4)(d)
of the Code of Ord. to permit a
day care/kindergarten in a "C"
zoning District
BOARD OF ADJUSTMENT ACTION: THERE WERE 3 PERSONS PRESENT TO STATE
OBJECTIONS; HOWEVER, SINCE SEVERAL NOTICES TO ADJACENT OWNERS WERE
NOT IN COMPLIANCE WITH THE ORDINANCE, THE BOARD VOTED TO DEFER THE
CASE UNTIL DECEMBER 20, 1976. (3 ayes - 0 noes - 2 absent)
Staff Recommendation: This request deals with a nonconforming day-
care center which was made nonconforming by the recent ordinance
amendment dealing with uses of that type. The applicant's pro-
posal is simple. He proposes to occupy an additional house adjacent
to his present structure due to loss of a lease and occupancy of the
house on the other side of his property. The day-care center will
still occupy two houses; have the same number of clients, employees
and traffic. It appears the circular drive in place is adequate for
the use and this being a deadend street, traffic congestion is
unlikely.
The staff would recommend approval of the request, but suggests
that the owner make contact with the State Health Dept, and Eng.
Div. of Community Services Dept. to insure no problem with change of
occupancy.
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11-15-76
Item No. 6 - DEFERRED MATTERS
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-3068
Forest Highlands Baptist Church
7500 Indiana Street
Lots 20 and 21, Riffel and Rhoton's
Forrest Park Highland Addition
"C" Two-family District
Variance: Requests a variance from use pro-
visions of Sec. 43-22 (4)(d) of
the Code of Ord. to permit a
religious institution in the "C"
Two-family District
BOARD OF ADJUSTMENT ACTION: THIS REQUEST WAS DEFERRED UNTIL THE
DECEMBER 20TH MEETING DUE TO AN ABSTENTION BY ONE OF THREE MEMBERS
PRESENT. A MOTION TO DEFER WAS PASSED BY VOTE OF(3 ayes - 0 noes -
2 absent).
Staff Recommendation: This request was deferred at the October
meeting due to insufficient Board members present to vote on
the issue. The staff restates its previous recommendation, which
was: "This request is to allow the mobile structure now located
on these lots to remain and be used by the church across Indiana
St. as office space and meeting room. Previous to the recent ord.
change in "C" zoning district, this use would have been permitted.
It now requires "D" Apartment. The staff, in reviewing the develop-
ment on site, noted that these lots are part of a larger holding by
this church and with the exception of three or four residences the
church owns and uses all the lots in this two -block segment of
Indiana. The building being 12 x 30 ft. is small enough to be sited
without clearing the lots. This has resulted in a 40 ft, wide
natural growth area screening the only adjacent residential use
(duplex) on Indiana. A small duplex development exists on street
to the north and should not be affected by this use.
The staff would recommend approval of the request subject to the
following:
1. Only this structure to be allowed on these lots.
2. If, in the future, additional buildings are needed, a develop-
ment plan be presented in order to provide continuity of
development requirements.
3. No parking be provided on site as the church has several
hundred spaces within a one block radius.
4. If street improvements are made and they are required, then
no curb cuts to these two lots.
5. Place the building on a proper foundation and underpin or skirt."
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11-15-76
Item No. 7 - DEFERRED MATTERS
Case Number: Z-3071
Applicant: Don Downs by Robert Snelson
Location: 1919 No. Filmore Street
Description: S50 ft. of Lots 10, 11 and 12,
Block 5, Mountain Park Addition
Present Classification: "F" Commercial District
Variance: Requests a waiver of rear yard
provisions of Sec. 43-15 of the
Code of Ord. to permit construc-
tion of an addition which encroaches
into the required rear yard
Requests an off-street parking waiver
of provisions of Sec. 43-2 of the
Code of Ord. to permit one less space
than required (Ord. is 4 cars, pro-
vided is 3)
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST
AS FILED EXCEPT THAT THE TWO PARKING SPACES IN THE FRONT YARD AREA
ARE TO BE DELETED FROM THE PLAN. THE LANDSCAPING TO BE RETAINED.
(3 'ayes - 0 noes - 2 absent)
Staff Recommendation: This request was deferred at the October 18th
meeting due to failure of the applicant to comply with the notifica-
tion requirement of property owners. The staff has now received the
proper completion of notice and restate our previous recommendation.
"This request is for the purpose of expanding the floor area of
the existing dentist's office. This structure appears to be a con-
verted residence in good condition. This use is at present short of
parking as are most businesses in Forest Heights shopping area. The
applicant's proposal is to provide 3 new paved parking spaces which is
one short of ordinance requirement. The space shown on the plan heading
off Fillmore St. was offered by the owner but does not meet ordinance
requirement for maneuver space and in fact eliminates one on -street
stall if provided. The applicant has been made aware that subject
building lies within a Fire District. The yard separation on the
addition from adjacent buildings will be good as the only abutting
structure on the north is 6'-8' off the property line. To the east
is off-street parking for uses fronting Kavanaugh and will probably
remain so. An open paved alley lies on the south, providing good
access to the site. The staff would recommend approval of the request
for setback waiver and parking Waiver as we feel this addition could
up -grade and extend the useful life of the structure."
There were no objectors present at the meeting.
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11-15-76
Item No. 8 - DEFERRED MATTERS
Case Number: Z-3069
Applicant: James and Andrea Lane
Location: 1101 North Polk Street
Description: Lot 7, Block 7, Hollenberg
Addition
Present Classification: "A" One -family District
Variance: Requests a variance from side
yard provisions of Sec. 43-12
of the Code of Ord. to permit
an addition to existing resi-
dence which will encroach 3 ft.
into the required side yard
BOARD OF ADJUSTMENT ACTION: DUE TO NON-COMPLIANCE WITH NOTICE
REQUIREMENT, THIS ISSUE WAS DEFERRED AS DESIRED BY OWNER. THE
BOARD DEFERRED THE CASE UNTIL DECEMBER 20, 1976. (3 ayes - 0
noes - 2 absent)
Staff Recommendation: This case was not presented to the Board
for action as notices to adjacent owners were not in proper
form as required by ordinance. The Board deferred the request
until Nov. 15, 1976 and directed the staff to work with applicant
to complete compliance with the notification ordinance.
The staff has discussed the issue with the applicant and has
been informed that the applicant desires to defer his case to the
December meeting, as he does not have free time to pursue the issue
this month. The staff would recommend that deferral.
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11-15-76
Item No. 9 - DEFERRED MATTERS
Case Number: Z-24861-A
Applicant: T.G.I. Fridays
Location: 1401 West 3rd St.
Description: Long legal
Present Classification: "E-l" Quiet Business District
Variance: Requests permission under the
provisions of Sec. 43 of the
Code of Ord. to permit expan-
sion of an existing nonconform-
ing structure
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST
AS SUBMITTED. (3 ayesF noes - 2 absent)
Staff Recommendation: This case was not presented to the Board at
its October meeting for action as notices to adjacent owners were
not in proper form. This has now been accomplished and in proper
form. The staff restates is previous recommendation:
"This request is before the Board due to the existing use being
nonconforming. At the time T.G.I. Fridays occupied this building
it was a nonconforming furniture store. The restaurant was allowed
to move in utilizing the building as it existed. In recent weeks,
the Health Dept. has made a requirement of the owner which will
require an addition to conform. The addition as indicated on the
plans submitted is totally storage with no partition walls and an
access door from the exterior to allow access to the double -door
entry on the west side.
The staff finds no problem with the proposal except that we feel
the addition would cause less disruption to parking and maneuvering
areas if it were constructed with the long dimension against the
building. We would recommend the approval of the variance subject
to that design change."
The applicant addressed the issue of realignment of the addition and
stated that due to drainage structures in the area, it would be costly
to build other than as proposed.
There were no objectors present at the meeting.
11-15-76
Item No. 10 - DEFERRED MATTERS
Case Number: Z-3076
Applicant: C.D. Thorpe
Location: #61 Lakeshore Dr,
Description: Lot 73, Broadmoor
Present Classification: "A" One -family District
Variance: Requests a waiver of rear yard
setback provisions of Sec. 43-
12 of the Code of Ord, to permit
an addition to the existing
residence
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST
AS FILED. (3 ayes - 0 noes - 2 absent)
Staff Recommendation: This case was not presented to the Board for
action as notices to adjacent owners were not in proper form as
required by ordinance, The Board directed the staff to work with
applicant to complete compliance with the notification ordinance.
This has been accomplished and the staff restates its previous
recommendation, which was:
"This applicant proposes an. addition which will encroach into the
required rear yard approximately 72 ft. This house, being on a
corner lot, shares a side yard relationship with adjoining properties
on both streets.
The staff feels that the addition as proposed does not adversely
affect either adjacent owner as good separation exists on both sides
and will remain so after construction.
The staff recommends approval."
The applicant was present. There were no objectors present,
The meeting was adjourned at 3:00 p.m.
J William L. Moore
Chairman
James A. Finch
Secretary
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