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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) - 1 - 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, - 2 - 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. - 3 - (Continued) 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. - 4 - 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. - 5 - 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. - 6 - 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. - 7 - 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." - 8 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. - 9 - 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. - 10 - 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 - 12 -