Loading...
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. - 1 - 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. - 2 - �I ,r LI Item No. 3 �- 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 x: 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. a.? Mr. Noland Blass was present to represent the applicant. There was one interested party present (Mr. Roy Ragsdale, 11517 Rocky Valley Drive). �..' r- - 3 - 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. - 4 - 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. - 5 - 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. - 6 - a, 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. - 7 - 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. - 9 - 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. - 10 - 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