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boa_10 18 1976Wiivivrra•���� LITTLE ROCK BOARD OF ADJUSTMENT MEETING OCTOBER 18, 1976 z: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 Ri.ffel, City Attorney members absent: M. R. Godwin Robert Shell October 18, 1976 Item No. 1 - NEW MATTERS Case Number: Z-3068 Applicant: Forest Highlands Baptist Church Location: 7500 Indiana Street Description: Lots 20 and 21, Riffel and Rhoton's Forrest Park Highland Addition Present Classification: "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: THE BOARD, AFTER A LENGTHY DIS- CUSSION OF THE ISSUE, DETERMINED THAT ONE OF THE THREE BOARD MEMBERS PRESENT WOULD HAVE TO ABSTAIN. THE BOARD THEN VOTED TO DEFER THE REQUEST 30 DAYS. (3 ayes - 0 noes - 2 absent) Staff Recommendation: 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 ordinance change in "C" zoning district, this use would have been permitted. It now requires "D".Apartment. The staff, in reviewing the development 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 seg- ment of Indiana. The building being 12 x 30 ft. is small enough to be sited without clearing the lots. This has re- sulted 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 development plan be presented in order to provide continuity of development requirements. - 1 - (Continued) 10-18-76 - Z-3068 Continued 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. The applicant was present. There were objectors present represented by Steve Harper who presented a petition with numerous signatures. - 2 - 10-18-76 Item No. 2 - NEW MATTERS Case Number: Applicant: Location: Description: Present Classification: Z-3071 Don Downs by Robert Snelson 1919 North Fillmore Street S50 ft. of Lots 10, 11 and 12, Block 5, Mountain Park Addition "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: 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 NOVEMBER 15, 1976 AND DIRECTED THE STAFF TO WORK WITH APPLICANT TO COMPLETE COMPLIANCE WITH THE NOTIFICATION ORDINANCE. (3 ayes - 0 noes - 2 absent) Staff Recommendation: This request is for the purpose of expand- ing the floor area of the existing dentist's office. This structure-appears'to'be a converted residence in good condi- tion. 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 - 3 - (Continued) 10-18-76- Z-3071 (Continued 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 upgrade and extend the useful life of the structure. The applicant was present. - 4 - 10=18=76 Item No. 3 - NEW MATTERS Case Number: Applicant: Location: Description: Present Classification: Z-3069 James and Andrea Lane 1101 North Polk Street Lot 7, Block 7, Hollenberg Addition "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 residence which will encroach 3 ft. into the required side yard BOARD OF ADJUSTMENT ACTION: 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 NOVEMBER 15, 1976 AND DIRECTED THE STAFF TO, WORK WITH APPLICANT TO COMPLETE COMPLIANCE WITH THE NOTIrT.C'A- TION ORDINANCE. ( 3 ayes - 0 noes - 2 absent) Staff Recommendation: The applicant in this case proposes to close in a porch and expand the floor space some 3 ft. into a side yard at first floor level only. The relationship of this residence to the street is good as this is a minor street with only surface treatment and narrow width. The right-of-way adjacent to this lot is 5 ft. wider than usual (55 ft.), plus the street lies off -center to the south side of the right-of- way. In light of the above, the staff recommends approval of the request. - 5 - 10-18-76 Item No. 4 - NEW MATTERS Case Number: Z-2486-A Applicant: T.G.I. Fridays Location: 1401 West 3rd Street Description: Long legal Present Classification: "E-l" Quiet Business District Variance: Requests permission under the pro- visions of Sec. 43 of the Code of Ord. to permit expansion of an existing nonconforming structure BOARD OF ADJUSTMENT ACTION: 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 NOVEMBER 15, 1976 AND DIRECTED THE STAFF TO WORK WITH APPLICANT TO COMPLETE COMPLIANCE WITH THE NOTIFICATION ORDINANCE. (3 ayes - 0 noes - 2 absent) Staff 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. - 6 - 10-18-76 Item No. 5 - NEW MATTERS Case Number: Applicant: Location: Description: Present Classification: Z-3075 Hunter Memorial Meth. Church 713 East llth Street Lots 7 and 8, Block 5, Masonic Addition "HR" High Density Residential District Variance: Requests a Conditional Use Permit be granted for the location of Ark. Repertory Theatre BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE CONDITIONAL PERMIT AS REQUESTED. (3 ayes - 0 noes - 2 absent) Staff Recommendation: This conditional permit is to allow the Ark.. Repertory Theatre to occupy the multi -storied east half of the church now on this site. An inspection of the area indicates a shortage of parking which is almost insurmountable. The block lying to the south contains the Baldwin Electronics Firm and the U. of A. Graduate Institute, both of which are high traffic generators. All parking spaces on and off-street in the area as well as part of MacArthur Park are in use full time. The applicant has submitted a brochure outlining the renovation and use plan, which suggests to us that this is a good conversion of a large church building apparently no longer desired by a religious group. We understand that some use may be made of the west wing of the building by a small church group. The staff feels that it can recommend the conditional permit as a proper conversion of use, but would recommend that some instrument be obtained from off -site sources which could pro- vide after working hours parking. The on -site parking of 7 + spaces as it exists should be all weather surfaced and proper curb cuts constructed to comply with ordinance. The applicant was present and presented his case and additional supporting information as related to the parking issue. There were no objectors present. - 7 - 10-18-76 Item No. 6 - NEW MATTERS Case Number: Z-3076 Applicant: C. D. Thorpe Location: #61 Lakeshore Drive 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: 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 NOVEMBER 15, 1976 AND DIRECTED THE STAFF TO WORK WITH APPLICANT TO COMPLETE COMPLIANCE WITH THE NOTIFICATION ORDINANCE. (3 ayes - 0 noes - 2 absent) Staff Recommendation: This applicant proposes an addition which will encraach into the required rear yard approximately 72 ft, This house, being on a corner lot, shares a side yard relation- ship 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. 10-18-76 Item No. 7 - DEFERRED MATTERS Case Number: Z-3061 Applicant: Dewey Buffington Location: 6000 Battle Road Description: Long legal Present Classification: "A" One -family and "MF 6" Multi- family District Variance: 1. Requests a side yard setback pro- visions of Sec. 43-12 of the Code of Ord. to permit 0 ft. side yard 2. Requests a use variance from pro- visions of Sec. 43-45 of the Code of Ord. to permit one -family in "MF 6" zone 3. Requests a variance from the setback provisions of Sec. 43-4.5 to allow less than required setbacks for interior yards BOARD OF AD.7uSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUESTED WAIVERS. (3 ayes - 0 noes - 2 absent) Staff Recommendation: This item was deferred from the September 20th agenda in order to allow the applicant time to work out some design problems and coordinate the variance request with the subdivision plat being considered by the Planning Commission. The staff has met with the applicant, and at this point, can not offer a recommendation. We should receive sufficient infor- mation on the redesign to properly respond at the meeting. The staff presented to the Board a brief history on the con- current platting issue and identified for the Board the three items needing action: 1. Side yard waiver on one side of every lot to allow 0 ft. lot line development. 2. The building height setback requirement for the remaining yards as required by the 'IMF" districts. 3. The use of 'IMF" zoned properties as single-family detached dwellings. (Continued) - 9 - 10-18-76 Item No. 7 - Z-3061 (Continued The staff would recommend approval of the requested waivers and use permit as outlined above. The meeting was adjourned at 3:05 p.m. William L. Moore Chairman James - inch Secretary - 10 -