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.
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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.
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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,
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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.
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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.
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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.
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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)
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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.
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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
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