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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