boa_09 16 1974A
MINUTES OF
LITTLE ROCK BOARD OF ADJUSTMENT
SEPTEMBER 16, 1974
2:00 P. M.
There was a quorum present and minutes of the previous meeting
were approved.
Members present:
Members absent:
L. Dickson Flake
S. Spencer Compton
M. R. Godwin
Wm. L. Moore
W. E. Vroman
City Attorney: Andy Clark
NEW MATTERS
Item No, 1
Case Number: Z-2332-A
Applicant: George Bilheimer, Jr.
Location: 101 South Cedar Street
Description: Lots 1, 12, 13, 14, Block 3,
Plateau Addition
Present Classification: "E-l" Quiet Business and
"F" Commercial District
Variance: Requests a variance from the Off -Street
Parking Provisions of Section 43-22 of
the Code of Ordinances to permit less than
required number of parking spaces.
Staff Recommendation: Due to the involved history of this case, the
staff would like to outline the past actions on. this property. The
original action concerning the Mark 4000 Motel was in September of
1972 at which time the owner requested a building permit for a 66-
unit motel. The permit request contained 2 lots not properly zoned,
one on Cedar St. and one on Pine St. The owner filed two applications
in Oct. 72 to rememdy the situation. The Planning Commission approved
"F" zoning on the Cedar lot and the Board of Adjustment denied the
use variance of the lot on Pine Street. The owner then attempted to
rezone the lot on Pine St. to commercials This application was denied
also. Having been denied use of his lot on Pine, the owner proceeded
to acquire additional lots on Cedar St. south of the motel site and
was successful in rezoning them. A plan for parking was devised using
the new lots and a building permit was issued.'"e first notice to
the owner that his development was in violation of the building permit
requirements was, August 1973. The owner at that point was operating
the motel with only 32 proper parking stalls and certain street and
building improvements did not meet regulations. The issue of parking
was brought before -..the Board of Adjustment on October 15, 1973 to
reconsider the previous denial of parking on. Pine St. lot. +The Board
denied the request. At this same meeting the Board reviewed a request
to allow.additional time in providing the off-street parking. The
Board allowed the applicant use of 20 spaces across Markham St. at
Snell Limb and Brace Co. until January 1, 1974 subject to some require-
ments which the owner did not comply with.
After January 1974 numerous letters passed between the participants
in the issue and in March 1974 the applicant started using the lot on
Pine St. in violation. There followed several actions involving the
courts which were set aside pending certain actions by the owner. At
this time the request of the applicant is to waive approximately 30%
of the parking requirement. This would aid his compliance with a
court directive.
-1-
Case Number: Z-2332-A (Continued)
The staff in reviewing this request can find no justification for
a waiver of this nature. The only possible justification for waiver is
economic. The staff does not feel economics alone is sufficient grounds
for waiver as the applicant has shown he owns sufficient land area zoned
and approved for parking. We therefore recommend the denial of the requested
variance.
There were no objectors present.
The Board voted to allow acceptance as legal parking spaces 15 stalls
to be leased from Snell Limb & Brace Company. These spaces are to be
included in a firm lease which is to be filed with the City. The approval
of this arrangement is good only so long as that Lease is in effect.
To make this arrangement permanent, a continuation of the lease
must be filed with City at the termination of the present instrument.
The 61 Total parking spaces, 46 on site and 15 off site, are suf-
ficient to meet the requirement for 61 units the owner says he rents
at this time.
The Board in granting this approval required the following:
1. That Snell -Limb and Brace Co. maintain the Ordinance required number
of parking spaces for its use above the leased number.
2. Should the occupancy of the Snell property change to a use which
would require a number of parking spaces sufficient to conflict
with the lease, then this issue must be returned to the Board for
further review.
4 Ayes 0 Noes 1 Absent
-2-
Item No. 2
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-1107-A
Ruth Prindle
119 Vernon Street
The Sk of Lot 7 and all of
Lot 8, Block 3, Young's Park
Addition
"B" Residence District
Variance: Requests a variance from the
nonconforming use and structure
provisions of Sec. 43-11 of the
Code of Ord. to permit the
separation of utilities on this
lot
Requests a variance from the non=
conforming use and structure
provisions of Sec. 43-11 to per-
mit the retention by the owner of
structures constructed without
permits or approval
Requests a variance from the rear
yard area provisions of Sec. 43-20
of the Code of Ord. to permit more
than 30% of rear yard area coverage
by structures
Staff Recommendation: This issue is before the Board as the result
of a request to separate the electric meter service on the garage
apartment on subject site. The staff researched the history of this
property and our records indicate the garage apartment as well as
the.carports were constructed without permits and after denial by
the Board of Adjustment in 1959. The present owner recently pur-
chased this property from the person who accomplished this illegal
construction. It was the intention of the present owner to add an
electric meter to the detached apartment unit and no other con-
struction was proposed. The staff can see little benefit to the
public in denial of the variances requested in as much as it appears
the neighborhood has a multitude of these type buildings at present.
The only alternative would be that of removal of the existing
structures. The staff would recommend therefore that the variances
requested be approved and that no other changes or additions be per-
mitted on this property in the future.
- 3 -
Case Number Z-1107-A (Continued)
There were no objectors present.
The Board voted to approve the variance as recommended by the
Staff.
4 Ayes 0 Noes 1 Absent
Item No. 3
Case Number:
Applicant:
Location:
Description:
Present Classification:
Conditional Use Permit:
Z-2881
Midtown Properties, Inc.
1224 Louisiana Street
All of Lots 4,5,7,8,9,
Block 169, Original City
"HR" High -density Residential
District
Applicant requests a permit be
issued for the location of the
Ark. State offices of Social
Rehabilitation Services in an
"HR" zone
Staff Recommendation: This request for conditional use permit
involves more than the issue of the proposed State Office use
of this property. The staff on first review of this proposal
could not find a means of allowing this use within the "HR"
district as it is structured, since offices of governmental
agencies not specifically listed, fall in a use group which
is not allowed in an "HR" district. A closer look however
revealed a possible route through that use group which pro-
vides for eleemosynary, philanthropic and rehabilitation
institutions. The staff feels that it is not the intent of
the ordinance to exclude government uses of a character
similar to allowable private uses even though not specifically
noted as governmental.
The staff would therefore recommend that the Board deal with
the interpretation issue first and if it determines that this
use group applies, then deal with the location. The staff
would also recommend the approval of the requested permit with
these conditions:
1. Improvement of all parking surfaces in accordance with
the plan presented and applicable paving and landscaping
ordinances.
2. Reconstruction of the curb and gutter as may be required
by the Public Works Dept. on all street frontages.
5-
Case Number Z-2881 Continued
There was one objector present.
After a lengthy discussion a motion was made to defer the request
until the October 21, 1974 meeting at which time the applicant is to
provide more detailed information as to `the occupancy proposed.
3 Ayes 0 Noes 1 Absent 1 Abstain
M
Item No. 4
Case Number:
Applicant:
Location:
Description:
Present Classification:
Z-1668-A
Cecil Jones
6706 South University Ave.
Long legal
"F" Commercial District
Variance: Requests permission under pro=
visions of Sec. 43-22(4)(e) of
the Code of Ord. to permit
location of public garage in a
commercial zone
Staff Recommendation: This request for variance is the result
of a building permit application in which the owner made
application to construct his auto repair garage on the rear of
subject property. That permit request was denied due to
garages not being a permitted use by right in "F" Commercial.
The zoning ordinance makes provision for new car dealers to
have garage operations in commercial zones, but does not pro-
vide the same for.used car dealers. The zoning ordinance does
however make provision for such uses through the Board of
Adjustment review process. In as much as the adjacent owner
on the north is a Chevrolet dealer with complete garage facili-
ties, the staff recommends the approval of this variance request
subject to the following:
1. Preparation of a drainage plan to provide for the elim-
ination of surface water which collects on the property
to the west as a result of filling on this property.
Such plan to be approved by the Public Works Dept. and
then implemented.
2. 'That the applicant assure the Building Permits Division
that all buildings now on the site are proper, speci-
fically the mobile type structure on the rear of the lot.
3. No additional accessory buildings to be allowed on subject
property.
- 7 -
Case Number Z-1668-A (Continued)
There were two objectors present.
The Board voted to approve the variance request subject to those
items included in the staff recommendation plus the inclusion
of a requirement of a solid board fence along the west property
line.
4 Ayes O.Noes 1 Absent
OTHER MATTERS
Item No. 1
Board interpretation of Section 43-35 related to the use
request in Item 3 of this agenda.
The Board voted to defer this issue until the
October 21, 1974 meeting.
3 Ayes 0 Noes 1 Abstain 1 Absent
There being no further business, the meeting was
adjourned at 3:12 P.M.
h..Dickson Flake
Chairman
H
f
J. A. Finch
Secretary