boa_05 20 1974MINUTES OF
LITTLE ROCK BOARD OF ADJUSTMENT
MEETING
MAY 20, 1974
2:00 P.M.
There was a quorum present and minutes
of the previous meeting were approved.
Members present:
L. Dickson Flake
S. Spencer Compton
M. R. Godwin
NOTE: 1 vacant position at this meeting.
NEW MATTERS:
Item No. 1
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-2836
Frank B. Whitbeck
1715 North Tyler Street
Lot 12, Block 3, Englewood Addition
"A" One -family District
Variance: Requests a variance from the non-
conforming use provisions of
Sec. 43-11 of the Code of Ordinances
to permit separation of electric utilities
on detached dwelling
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE
VARIANCE AS REQUESTED. THE BOARD OF ADJUSTMENT ESTABLISHED
A POLICY DEALING WITH ISSUES OF THIS NATURE IN THE FUTURE
"IN THE EVENT AN OWNER PROVIDES SUFFICIENT INFORMATION TO
SUPPORT A NONCONFORMING USE AS A LEGAL NONCONFORMITY THE
STAFF MAY ISSUE OR CAUSE TO BE ISSUED A PERMIT FOR SUCH
UTILITY METER SEPARATIONS AS MAY BE REQUESTED. IN THE EVENT
A NONCONFORMING USE CANNOT BE PROVED TO THE SATISFACTION OF
THE STAFF, THE OWNER OF THE SUBJECT PROPERTY MAY FILE AN
APPLICATION FOR BOARD OF ADJUSTMENT REVIEW OF HIS CASE."
(3 ayes - 0 noes - 1 absent)
Staff Recommendation: The Staff recommends approval of the
variance request. This application is the result of a per-
mit application to separate the electric meters on the two
existing residential structures on this lot. The noncon-
forming use section of the zoning ordinance prohibits
structural alteration of a nonconforming use and this has
been interpreted to prohibit utility service separation.
The Staff feels that separation of the electric service on
this lot would in no way increase the nonconformity or serve
to extend the useful life of the nonconformity. The Staff
would also like an opinion from the Board as to whether or
not they feel that separation of utilities on an existing
nonconforming residential structure actually constitutes a
"structural alteration" or an increase in nonconformity.
The applicant, Mr. Whitbeck, was present.
There were no objectors present.
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Item No. 2
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-2842
William E. Littleton
105 Gilbert Drive
Lot 82, Ellis Acres
"A" One -family District
Variance: Requests a variance from the Side Yard
Setback provisions of Sec. 43-12 of
the Code of Ord. to permit carport to
encroach into yard space
BOARD OF ADJUSTMENT ACTION: THE BOARD OF ADJUSTMENT VOTED TO
DENY THE VARIANCE AS REQUESTED AND APPROVED INSTEAD A WAIVER
TO PERMIT AN ADDITION TO THE RESIDENCE PROVIDED NO ENCROACH
MENT INTO THE 5 FT. EASEMENT ALONG THE PROPERTY LINE.(3 ayes -
0 noes - 1 absent)
Staff Recommendation: The Staff recommends the denial of this
application. The proposed structural encroachment would pro-
vide almost no side yard and with any overhang at all the
roof line would be on the property line. The Staff suggests
an alternative would be a detached carport/storage room to the
rear of the main structure. This would allow retention of a
sizable tree and enclosure of the existing carport in the
future if the living area needed to be expanded.
The applicant, Mr. Littleton, appeared in his own behalf.
There were no objectors present.
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Item No. 3
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Case Number:
Z-2840
Applicant:
Temple B'nai Israel by
Henry Hilton
Location:
3702 Rodney Parham Road
Description: Long legal
Present Classification: "A" One -family District
Variance: Requests a variance from the
Screening (Parking Lot)
provisions of Section 43-21
(H) (b) of the Code of Ord.
to permit the deletion of the
4 ft. parking lot screening
request on the perimeter of
proposed parking lot
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE
VARIANCE REQUESTED EXCEPT ALONG THE SOUTHEASTERLY AND
SOUTHWESTERLY SIDES OF THE LARGER PARKING LOT (87+ CARS).
SCREENING TO BE PROVIDED ON THESE LINES TO BE EVERGREEN
FOLIAGE 4 FT. IN HEIGHT. (3 ayes - 0 noes - 1 absent)
Staff Recommendation: The Staff recommends denial of tiv_s
application. We would point out however that if the trees
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and ground cover surrounding the structure and the parking
lots were retained in their natural state, this would most
probably provide adequate screening as required by ordinance.
The proximity of the parking lot to Pinecrest Drive suggests
some screening may be required on the south side of that
'
parking area.
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Mr. Noland Blass was present to represent the applicant.
There was one interested party present (Mr. Roy Ragsdale,
11517 Rocky Valley Drive).
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Item No. 4
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-2835
Wm. J. Walker
601 Rock Street
The west 93 ft. of Lot 1, Block 151,
Original City of Little Rock
"HR" High Density Residential
Variance: Requests a Conditional Use Permit
be issued for purposes of converting
existing 2-story residential
structure to professional office use
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO GRANT THE CON-
DITIONAL USE PERMIT AND GRANTED AN EXCEPTION TO THE USUAL
PARKING LOT PAVING REQUIREMENT IN ORDER THAT SOME PROTECTIVE
STEPS MIGHT BE TAKEN TO INSURE THAT THE LARGE TREES ON OR
ABOUT THE SITE COULD BE SAVED. THIS PAVEMENT WAIVER TO APPLY
ONLY AS NEEDED AND NOT ON THE LOT IN GENERAL, AND WOULD ALLOW
SOME TYPE OF POUROUS PAVEMENT OR MATERIAL TO BE USED AS
NECESSARY AROUND THE TREES. (3 ayes - 0 noes - 1 absent)
Staff Recommendation: The Staff recommends approval of the
requested conditional use permit. This former residential
structure is proposed to be remodeled to provide a two-story
office building for an attorney and his staff of approximately
four. The parking requirement for the intended use would be
one space per 300 sq. ft. of floor area or approximately 8 cars.
This site will provide only 5 spaces as a maximum but the Staff
feels that although this is less than desirable, there is no
other property available for parking for whatever the proposed
use and the redevelopment of this structure as proposed would
be better for the neighborhood than allowing the structure to
remain as is. There are presently three large trees either on
the site or on the property lines, which are an asset to this
site and every attempt should be made to retain them and pro-
vide protection.
Mr. Walker, the applicant was present.
There were no objectors present.
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Case Number: Z-2898-A
Applicant: Bailey Corporation
Location: 2400 Foxcroft Road
Description: All of Lot 1, Block 24 and Lots 1
and 12, Block 23, Bellevue Addn.
Present Classification: "MF 12" Multi -family District
Variance: Requests a variance from the Yard
Setback provisions of Section 43-4.5
of the Code of Ord. to permit con-
struction of elevated decks in
required yard space
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE
VARIANCE AND PERMIT THE INTRUSION OF ELEVATED DECKS INTO
THE YARD SETBACK PROVIDED NO PORTION OF ANY DECK SO CON-
STRUCTED PROJECTS BEYOND A PLANE OR LINE DRAWN FROM THE
EAVE LIN� TO THE GROUND AT THE PROPERTY LINE.(3 ayes - 0 noes -
1 absent
Staff.Recommendation: The Staff recommends denial of
requested variance as it appears the proposal would occupy
50% or more of the required yard setback. The Staff feels
this should have been one of the initial design considera-
tion of this development.
The applicant's attorney, Mr. Claris Barrier, was present
and presented some previously unknown facts concerning the
proposal.
There were no objectors present.
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Item No. 6
Case 'Number:
Applicant:
Location:
Description:
Present Classification:
Variance:
Z-2831-A
Joe Swaffar and Bill Donkum
914 Garland and 901-913 North Street
Lots 1,3 & 11, Block 252, Original
City of Little Rock
"D" Apartment District
Requests a variance from the Setback
provisions of Sec. 43-14 of the Code
of Ord. to permit less than required
building setback
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO DEFER THE CASE
30 DAYS AS IT IS THEIR POLICY TO DO SO WHEN A CASE IS NOT
REPRESENTED. (3 ayes - 0 noes - I absent)
Staff Recommendation: This application is the result of a
rezoning application for "H" Business on these lots. The
Staff recommended "E-I" as office uses were to be developed
and the area in general is being developed in that manner,
The Staff recommended that the Planning Commission defer
the case to provide the applicant an opportunity to file
for Board of Adjustment review of his proposal prior to the
Planning Commission recommendation on the zoning. The Staff
feels that the proposal as presented is in line with develop-
ment in this block and recommends approval of the variance as
applied to Lots land 11. The third lot in this request is
owned separately and the proposal is to add to the building
on the lot to the west. The Staff recognizes that whatever
disposition is made of this third lot, waivers are probably
going to be necessary, but we would suggest that since there
is almost no additional parking available, no waiver should
be granted this lot until a specific proposal with parking
can be submitted. The Staff suggests however that if the
Board decides to deal with this lot at this time, that the
maximum floor area be limited to that which on site parking
will support, as the existing building has minimum parking
provided.
The applicant was not present and was not represented.
There were no objectors present.
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DEFERRED MATTERS:
Item No. I
Case Number:
Applicant:
Location:
Description:
Z-2825
McKay, Askew, Shearin, Inc.
2200 Hidden Valley Drive
Long legal
Present Classification: "E-l" Quiet Business District
Variance: Requests a variance from the Sign
Area provisions of Sec. 43-6 of the
Code of Ord. to permit sign area in
excess of permitted
BOARD OF ADJUSTMENT ACTION: THIS APPLICATION WAS WITHDRAWN AT
THE REQUEST OF THE APPLICANT. (THE SIGN AT ISSUE WAS REMOVED
FROM THE SITE)
Staff Recommendation: This case was deferred at the April 15th
Board meeting at the request of the applicant. The Staff would
like to point out that the existing signing on this property is
in violation of the zoning ordinance and the applicant has been
notified of such. This application has been withdrawn by
applicant. The owner advised the Staff that subject sign has
been removed and the variance is no longer needed.
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Case Number: Z-1859-B
Applicant: Birchbrook Inc. by Steven Wasserman
Location: University Avenue at,Evergreen Rd.
Description: Long legal
Present Classification: "MF 12" Multi -family District
Variance: Requests a variance from the Setback
provisions of Sec.43-4.5 of the Code
of Ord. to permit development of site
with townhouse format and no side yard
setback between units
BOARD OF ADJUSTMENT ACTION: THIS APPLICATION WAS WITHDRAWN AT THE
REQUEST OF THE APPLICANT.
Staff Recommendation: This application was deferred at the
April 15th meeting due to the failure of the applicant to
appear at the meeting. The application appears to be a
dead issue. The Staff has had several calls dealing with
this case and all information points to that conclusion. The
Staff suggests that if no representative is present, the appli-
cation be denied and file closed.
VARIANCE REVIEW CASES:
Item No. 1
Case Number:
Applicant:
Location:
Description:
Present Classification:
Previous Variance:
Z-2707
Harrison Enterprises
2419 Vance Street
Part of Block 38, Braggs 2nd Addn.
"C" Two-family District
Requests permission under the provisions
of Sec. 43-22 (4)(d) of the Code of Ord.
to permit parking lot in residential zone
Requests a variance from the Front Yard
Open Space provisions of Sec. 43-20 (2)(f)
of the Code of Ord, to permit parking in
front yard setback
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO DEFER THE
INSTALLATION OF STREET IMPROVEMENTS ONE YEAR (TO MAY 20,
1975). IF NO OTHER IMPROVEMENTS ARE INSTALLED OR PLANS
SUBMITTED FOR SUCH ON VANCE STREET NORTH OR WEST OF THE
PROPERTY, THEN IMPROVEMENTS WOULD BE REQUIRED AT THAT TIME.
THESE IMPROVEMENTS WOULD CONSIST OF CURB, GUTTER, UNDERGROUND
DRAINAGE AS MAY BE REQUIRED BY PUBLIC WORKS DEPT., AND ONE-
HALF STREET PAVING. THERE IS TO BE NO FURTHER REVIEW OF THE
MATTER BY THE BOARD. (3 ayes - 0 noes - 1 absent)
Staff Recommendation: This case was presented to the Board
on May 21, 1973 for a parking variance. The Board granted
that variance subject to several items, one of which was the
installation of street improvements along Vance Street. The
Board deferred these improvements for a period of one year
pending other development along Vance Street. The improve-
ments were to be installed at the termination of that period.
The Board also provided for further deferral of improvements
if deemed necessary. As of this writing no improvements have
been installed on Vance Street nor has a proposal been re-
viewed by the Staff. The Staff therefore suggests the improve-
ments be required at this time.
The applicant, Mr. Harrison, was present to represent his case.
There were no objectors.
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Item No. 2
Case Number: Z-1747
Applicant: Arkansas Childrens Hospital
Location: 800 Battery Street
Description: Lots 7,8,9,10, Block 4, Marshall
and Wol£es Addition and Lots 11
and 12, Block 4, Fausts Addition
Present Classification: "C" Two-family District
Previous Variance: Requests permission under the pro-
visions of Sec. 43-22 (4)(d) of the
Code of Ord. to permit parking lot
in residential zone (without required
improvements)
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO DEFER THIS
CASE FOR ONE YEAR. THE ISSUE TO BE REVIEWED IN MAY, 1975
SUBJECT TO ITEMS NOTED IN PREVIOUS DEFERRAL. (3 ayes -
o noes - 1 absent)
Staff Recommendation: This application was filed for the
May 21, 1973 Board meeting in order to provide parking for
the hospital across Battery Street to the east. The
applicant requested a waiver of site improvements and the
Staff supported the request subject to annual review until
final disposition of I-630 right-of-way. The applicant's
representative has been contacted and will attend the
meeting. Assuming no change in circumstances, the Staff
recommends deferral for an additional year.
Mr. William R. Meeks was present in behalf of the applicant.
There were no objectors present.
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Item No. 3
Case Number:
Applicant:
Location:
Description:
Present Classification:
Previous Variance:
Z-2711
Rosedale Optimist Ckub
8616 Asher Avenue
Long legal
"B" Residence. District
Requests permission under the
provisions of Sec. 43-22 of the
Code of Ord. to permit expansion
of community center
BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO RESCIND THE
PREVIOUS VARIANCE APPROVAL AND STREET IMPROVEMENT REQUIRE-
MENT. THE APPLICANT IS TO PROVIDE A LETTER FOR RECORD
PURPOSES REQUESTING THIS ACTION AND STATING STATUS OF
PREVIOUS PROPOSAL. (3 ayes - 0 noes - 1 absent)
Staff Recommendation: This application was filed for the
May 21, 1973 Board meeting. The request concerned the
location of an additional building on -the property to
provide space for the Model Railroad Club. The appli-
cant's representative has advised the Staff that the
development proposed has not been carried out and would
not be. A letter is to be presented requesting the
deletion of street improvement and closing of file on
this .issue. Assuming that the development proposed is
not to be carried out, the Staff recommends that the
previous variance and improvement requirement be rescinded.
The applicant was not present nor was a representative.
There were no objectors.
There being no further business, the meeting was adjourned at
3:25 P.M.
James A. Finch
Acting Secretary
L. Dickson Flake
Chairman