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boa_09 20 1976SUMMARY OF TITTLE ROCK BOARD OF ADJUSTMENT MEETING SEPTEMBER 201976 2:00 F.M. A11 members were present and minutes of the previous meeting were approved. 9-20-76 Item No. 1 - NEW MATTERS Case Number: Z-3056 Applicant: Heights Real Estate Co. Location: 8218 Cantrell Road Description: Lots A-R and C-R, Cantrell Heights Commercial Addition Present Classification: "F" Commercial District Variance: Requests permission under the pro- visions of Sec, 43-22(4)(e) of the Code of Ord. to permit a public garage in "F" Commercial zoning Dist. BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST AS RECOMMENDED BY THE STAFF. (5 ayes - 0 noes - 0 absent) Staff Recommendation: This issue is before the Board as the result of a site inspection by Community Service Dept. before issuing a privilege license. The intended user of this rental space had no previous contact with anyone dealing with the use as to whether it was permitted. A site inspection by the Planning Staff revealed that the use is in place except for signage. All of the required equipment and special construction is in place. The staff feels that the requested use could be operated in such a fashion as would not seriously affect the adjacent property owners on the west and north. There is a large and deep drainageway on the north side of subject property which will probably prevent further development adjacent to this site. The staff recommends approval of the request subject to: 1. Total enclosure of all use areas. 2. No outside storage. 3. All trash pick-up to be containerized. 4. No storage of inoperative cars on site. 5. No body work or spray painting. 6. Erect an 8 ft. solid (opaque) fence along west and north line of parking area to screen garage doors. There were no objectors present at the meeting. - 1 - 9-20-76 Item No. 2 - NEW MATTERS Case Number• Applicant: Location: Description: Present Classification: Z-3057 Hazel G, Reynolds 5800 South Country Club Rd, Lot 87, Forest Heights Place "A" One -family District Variance: Requests a variance from the Rear Yard Setback provisions of Sec. 43-12 of the Code of Ord, to permit tying principal building and accessory build- ing together, thereby creating encroachment into rear yard BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE VARIANCE AS FILED. (5 ayes - 0 noes - 0 absent) Staff Recommendation: This request is before the Board because tying the existing structures will create intrusion of the principal building into the rear yard. The connecting structure will be an open carport on 3 sides and the staff feels that does not adversely affect relationships to other buildings in the block. The staff would recommend approval, There were no objectors present. - 2 - 9-20-76 Item No. 3 - NEW MATTERS Case Number: Applicant: Location: Description: Present Classification: Z-3058 Matson Building Systems, Inc. for Stephens, Inc.) 417 South Main Street N41 ft. of Lot 5, Original City of Little Rock Metrocentre District Variance: Requests a Conditional Use Permit to permit use of air rights over a public right-of-way BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE AS FILED, (4 ayes - 0 noes - 1 abstained) (Sam Anderson abstained) Staff Recommendation: This issue is before the Board as a require- ment of the Central Little Rock Urban Renewal and zoning plan which requires a Conditional Use Permit be issued for any con- struction in air rights over streets or alleys. The issue has been thoroughly researched as to Fire and Build- ing Codes as the owners are required to obtain a franchise from the Board of Directors. The staff would recommend approval, There were no objectors present, - 3 - 9-20-76 Item No. 4 - NEW MATTERS Case Number: Applicant: Location: Description: Present Classification: Z-3014 John Boyeskie 7920 Lassie Lane Lot 25, Block 6, Westwood "A" One -family District Variance: Requests a waiver from the fence height provisions of Sec. 43-21 (J) of the Code of Ord. to permit existing 8 ft. fence to remain 5OAP,D OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE AS FILED. {5 ayes - 0 noes - 0 absent) Staff-gecommendation: The Applicant in this case has erected a board fence around his yard which is about 8 ft. at most points. The fence has been in place for some time and recently the Zoning Enforcement Staff advised the owner of his alternatives which included Board of Adjustment. The terrain of this area is hilly and little would be accom- plished in reducing the fence height. As of this writing no complaints from other residents have been received. It appears at least one adjacent property owner has an 8 ft. fence around his rear yard which has existed for some time. The staff would recommend approval of the waiver request. There were no objectors present. - 4 - 9-20-76 Item No. 5 - NEW MATTERS Case Number: Z-3055 Applicant: Albert and Ellen Greenlee Location: #10 Centenary Dr. Description: Lot 65, College Terrace Present Classification: "B" Residence District Variance: Requests a variance from the Side Yard Setback provisions of Sec. 43-12 of the Code of Ord. to permit an addition to existing residence which would encroach 3 ft. into required yard WITHDRAWN BY APPLICANT 5 9-20-76 Item No. 6 - NEW KATTERS Case Number: z-1388-A Applicant: Maury Mitchell for H. Jones Location: 5401 Asher Ave. Description: Lots 4,5 and 6, Block 1, Ruebel and Leymer Addition Present Classification: "F" Commercial District Variance: Requests permission under the provisions of Sec. 43-22(4)(a) of the Code of Ord. to permit a public garage in an "F" Commercial zone BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE AS RECOMMENDED BY THE STAFF. (5 ayes - 0 noes - 0 absent) Staff Recommendation: This applicant proposes to -erect a franchise muffler installation shop on these lots similar in nature to the shop immediately north across Asher Ave. Over a long period of years several garage type uses have been permitted in "F" zones along Asher and the immediate area. In some cases, a matter of interpretation of the ordinance allowed or prohibited the use proposed. The zoning ordinance being unclear as to what constitutes a garage, repair or service, is what brings this case to the Board. Although the staff finds no problem with a muffler shop on these premises, we feel that special attention should be given to sitting the building and improvements so as to lessen the impact on residential lying to the south. We would recommend the approval of the request subject to: 1. Not limited to muffler shop but general garage use. 2. Erection of 8 ft. solid fence being erected.along south side of property and turned north along Polk at least 50 ft. or to a point at the first curb cut. 3. Interior use only, no exterior storage of materials or equipment. There were no objectors present at the meeting. - 6 - 9-20-76 Item No. 7 - NEW MATTERS Case Number: Applicant: Location: Description: Present Classification: Z-3060 Mrs. Jessie Daniels by Udell Kendrick 623 Beechwood N4 ft. of Lot 11 and the S40 ft. of Lot 12, Block 21, Pulaski Heights Addition "F" Commercial District Variance: Requests a rear yard waiver of provisions of Sec. 43-15 of the Code of Ord. to permit encroach- ment of principal building into required yard setback BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE AS FILED. (5 ayes - 0 noes - 0 absent) Staff Recommendation: This request involves the tying together of the principal structure and an accessory building. The proposed tie would provide an all weather access to storage space in the accessory building which is needed for the owners stock (costumes, etc.) The staff finds no problem with the proposal except that there is a parking deficiency in the area due to the conver- sion of old residences to business buildings and no new parking provided. This lot has one parking space off the alley and would normally require 5 or 6. There is little potential for new on -site parking in this block and since the existing uses are low traffic generators, the present on -street should be sufficient. The staff recommends approval. There were no objectors present. - 7 - 9-20-76 Item No. 8 - NEW MATTERS Case Number: Z-3063 Applicant: Dewey Buffington, Jr. Location: 8116 Cantrell Rd. Description: Lot 1 of 'replat of Tract "B" Cantrell Heights Commercial Subdivision Present Classification: "F" Commercial District Variance: Requests a waiver of rear yard from provisions of Sec. 43-15 (2) of the Code of Ord, to permit structure to be erected 5 ft. closer than permitted (20 ft. rather than 25 ft.) BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE AS FILED. (5 ayes - 0 noes - 0 absent) Staff Recommendation: This request involves a restaurant which is now under construction with a setback on the rear of 20 ft. to the property line. The building permit was issued with an understanding that if the 5 ft. variance could, not be achieved then a replat of this lot and another would take place to solve the problem. it is our understanding that this is a franchise situation where the building size and layout are fixed by standard plans and the sale of the land has taken place. The staff can find no particular hardship involved except lack of advance planning on this development. However, we feel the 5 ft. is insignificant when the terrain to the rear is con- sidered, and we would recommend the approval of the 'request. There were no objectors present. 9-20-76 Item No, 9 - NEW MATTERS Case Number: Applicant: Location: Description: Present Classification: Z-3061 Dewey Buffington 6000 Block Battle Road Long legal "A" One -family and "MF 6" Multi- family Variance: 1, Requests a variance from the side yard provisions of Sec. 43-12 of the Code of Ord, to permit side yards of 0 ft. 2. Requests a variance from the fence height provisions of Sec, 43-21 of the Code of Ord, to permit fence of 8 ft. in height 3. Requests a variance from the rear yard provisions of Sec. 43-12 to per- mit rear yard of 15 ft. rather than 25 ft. 4. Requests a variance from the use provisions of Sec. 43-4.5 to permit one -family detached dwellings in the "MF 6" District BOARS] OF ADJUSTAiENT ACTION: AFTER MUCH DISCUSSION THE BOARD VOTED TO DEFER THE REQUEST UNTIL OCTOBER 18, 1976 AND DIRECTED THE STAFF AND APPLICANT TO WORK TOGETHER TO RESOLVE SOME OF THE PROBLEMS PRESENTED. (5 ayes - 0 noes - 0 absent) Staff Reconunendation: We suggest this matter be dealt with in general at this time'and discuss any problems. Then the applicant take such thoughts and comments and go back and redesign and come back with a revised plan. Basically, the staff has not had any real problems with the proposal. We have suggested to the applicant several areas which need some additional work. These are streets (through or private) treatment of recreation areas, etc. Although these kinds of problems are not within the area of jurisdiction of the Board of Adjustment, the plan is an integrated development format and all facets of the plan must be compatible. We would recommend the Board give general review at this meeting and direction to the applicant and then bring back next month for a more detailed review. The staff would work closely with the developer. (Continued) - 9 - 9-20-76 Item No. 9 - Z-3061 - Continued The applicant presented his proposal and asked that Items 2 and 3 of the request be withdrawn from consideration. There were several persons present in objection represented by Norman Parchman. A petition of objection was filed with 25+ signatures. - 10 - 9-20-7b Item No. 10 - OTHER MATTERS Name: Board consideration of adoption of interim urban development goal BOARD OF ADJUSTMENT ACTION: A MOTION WAS MADE TO ADOPT THE GOAL. (4 ayes - 1 no - 0 absent) 9-20-76 Item No. 11 - OTHER MATTERS File No.: Z-1554-E Applicant: E. Pfeifer Location: Overlook Park pre -preliminary plat Request: Conceptual review of development format BOARD OF ADJUSTMENT ACTION: THE BOARD, AFTER REVIEW OF THE DEVELOP- MENT PROPOSAL AND FORMAT SUGGESTED, THEY APPROVED THE GENERAL FORMAT AND DIRECTED THE ENGINEER TO PROCEED WITH MORE DETAILED INFORMATION. Staff Recommendation: This item is before the Board as a conceptual plan review and at the same time is being reviewed by the Planning Commission for pre -preliminary subdivision plat approval. This proposal incorporates 0'-lot line development with a new approach to hillside development not previously attempted in this area. With the exception of some technical engineering kinds of problems which can be resolved later, the staff recommends the approach. The Board is not asked for a definitive action as to this but only your thoughts as to the format. Joe White of E. Smith Associates presented the proposal. The meeting was adjourned at 3:15 P.M. 'vW , Moore Chairman ` —� 11� yC — James A. Finch Secretary - 12 -