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boa_10 21 1974MINUTES OF LITTLE ROCK BOARD OF ADJUSTMENT MEETING OCTOBER 21, 1974 2:00 P. M. There was a quorum present and minutes of the previous meeting were approved. Members Present: L. Dickson Flake M. R. Godwin Walter E. Vroman William L. Moore David Henry, City Attorney Members Absent: S. Spencer Compton NEW MATTERS Item No. 1 Case Number: Applicant: Location: Description: Present Classification: Z-1878-A Arkansas Orchestra Society 506 N. Elm Lots 4, 5 & 6, Block 4, Pulaski Heights Addition "A" One -family Variance: Requests a Variance from the Use Provisions of Section 43-22 (4) (c & d) of that ordinance to permit temporary fund rainsing effort in residential zone Requests a Variance from the Sign Use & Area Section 43-22 of that ordinance to permit temporary sign variance of ex- cessive area BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE VARIANCE REQUESTS FOR A PERIOD OF THREE WEEKS (APRIL 18- MAY 10, 1975) SUBJECT TO APPLICANT SUPPLYING THE STAFF A COPY OF A LEASE AGREEMENT STIPU- LATING THE OWNER OCCUPANT WILL RESIDE IN THE STRUCTURE DURING THE EN- TIRE TERM OF THE LEASE AND THE APPROVED SIGNS (TWO, SINGLE FACED, 16,SQo FT, EACH, NON -ILLUMINATED, ONE PER STREET FRONTAGE) BE PERMANENTLY REMOVED ON OR BEFORE MAY 112 1975. AT WHICH TIME RELINQUISHING ALL CLAIM TO ANY FURTHER SUSPENSION OF THE EXISTING ZONING RESTRICTIONS, ( 4 ayes - 0 noes - 1 absent) Staff Recommendation: The staff recommendation is in line with the previous recommendation dealt with in the 'Other Matters" section of this Agenda, which is: Denial due to this Board not having the juris- diction to approve this Conditional Use Permit. There were no objectors present. Tf-Cm Nn_ i Case Number: Z-2393-B Applicant: Raintree Apts. c/o Pan Western Management Co. Location: 900-1200 Blk's Reservoir Rd. Description: Block 1 thru 4, Duncan's Addition Present Classification "MF-24" - Multi -family & "E-1-A" Nursing, Lodging & Undertaking Variance: Requests a Variance from the Sign Area Provisions of Section 43.4.5 (d) of that ordinance to permit sign(s) of excessive area BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE VARIANCE REQUEST OF ONE SIGN AT 10 FEET IN HEIGHT AND 50 SQ. FEET IN AREA TO BE PLACED BEHIND THE BUILDING SETBACK LINES TO AVOID SIGHT DISTANCE PROBLEMS, AND NO OTHER SIGNS TO BE PLACED ON OTHER STREET FRONTAGES INTERSECTING RESERVOIR ROAD. (4 ayes - 0 noes - 1 absent) Staff Recommendation: The staff concurs in the opinion that subject signs should be taken out of the public right-of-way but wishes to defer recommendation on the area of the signs and numbers of signs until such time as the proposed sign ordinance is considered by the Board of Directors and we have up-to-date guidelines upon which to base our recommendations. As of this writing no definitive action has been taken on subject ordinance. There were 2 objectors present. Item No. 3 Case Number: Applicant: Location: Description: Present Classification: Z-2883 Duncan Gibson 912 N. McAdoo Lot 15, Block 1, Buhler's 12th Add. "A" - One -family Variance: Requests a Variance from the Rear Yard Setback Provisions of Section 43-12 (2) of that ordinance to permit open carport encroachment into rear yard setback BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE VARIANCE REQUEST AS RECOMMENDED BY THE STAFF. (4 ayes - 0 noes - 1 absent) Staff Recommendation: The applicant has obtained written statements from the Power Co. & Waste Water Co. indicating neither have objections to the proposed encroachment over their respective easements. Given the proximity of the abutting residences, the grade separation rising from East to West & the existing masonry wall to the South & stockade fence to the West the Staff feels there is adequate visual separation & therefore recommends approval of this application subject to the proposed carport being open on all sides. There were no objectors present. Item No. 4 Case Number: Applicant: Location: Description: Present Classification: Z-2884 Briggs Associates, Inc. 620 E. 6th St. East 501 of Lots 7, 8, & 9, Block 1, Stevensons Addition to the Original City. "GB11 - General Business Variance: Requests a Variance from the Off -Street Parking Provisions of Section 43-35 (k) of that ordinance to permit waiver of the Off -Street Parking requirements BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE VARIANCE REQUEST SUBJECT TO THE APPLICANT & STAFF WORKING OUT AN ARRANGEMENT BY WHICH THE EXISTING GARAGE WOULD BE UTILIZED FOR PARKING, AS WELL AS ANY ADDITIONAL PARKING THAT COULD BE LOCATED ON THE SITE WITHOUT DISTURBING THE TREES. IF AN AGREEMENT CANNOT BE REACHED THE ISSUE IS TO RETURN TO THE BOARD OF ADJUSTMENT FOR FURTHER REVIEW. THE BOARD RESTRICTED THE USE OF THE GARAGE STRUCTURE TO PARKING ONLY. (TWO SPACES) Staff Recommendation: The Staff recommends denial of the total waiver of off-street parking and recommends instead: that the garage structure on the back of subject lot be raised to provide a minimum of six legal parking spaces to serve the proposed office use. This would provide one-half of the off-street parking require- ment and at the same time afford the owner the use of subject lot for office purposes. There were two objectors present. DEFERRED MATTERS Item No. 1 Case Number: Applicant: Location: Description: Z-2881 Midtown Properties Inc. 1224 Louisiana Lots 4, 5, 7, 8, & 9, Block 169, Original City Present Classification: "HR" - High Density Residential Variance: Requests a Conditional Use Permit be granted to allow offices of State Social Services as a permitted use of subject property under Article VI of The Code of Ordinances BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO RECOGNIZE SUBJECT USE AS REHABILITATIVE/PROFESSIONAL IN NATURE, TO ACCEPT JURISDICTION OF THIS ISSUE, AND TO APPROVE THE CONDITIONAL PERMIT AS RECOMMENDED BY THE STAFF, WITH THE CONDITIONS IMPOSED THEREIN. (3 ayes - 0 noes - 1 absent - 1 abstaining (L. Dickson Flake) Staff Recommendation: This item was deferred at the September 16, 1974, meeting requesting the applicant and staff to provide more detailed information as to the use proposed. 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 the "HR" District. A closer look however revealed a possible route through that use group which provides for eleemosynary, philanthropic and rehabilitative insti- tutions. The City Attorney's office has been "unable to find any reference in the law to the provision of public welfare or sustenance assis- tance as being a rehabilitative service." They contend; "it is a social service offered by the State, but in this case, the service does not fall within the common legal acceptance of the terms, re- habilitative or institutional." The information received from the applicant indicated that these are in fact professional rather than general office functions in addition to being rehabilitative in nature. These functions being the rehabilitative service and assistance given to the low-income and needy segments of the populace. Case Number Z-2881(continued) The Staff, after inspection of the existing use at its present location, feels that it is not the intent of the ordinance to exclude government uses of a character similar to allowable pri- vate uses even though not specifically noted as governmental and suggests the Board may allow this use. 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 a�rov_al of the requested permit with these conditions: 1. Improvement of all parking surfaces in Fccor14_-rce with the plan presented and applicable paving and l:.dscapia1g ordi- nances. 2. Reconstruction of the curb and gutter as may be required by the Public Works Department on all street frontages. There were no objectors present. OTHER MATTERS Item No. 1 Case Number: Applicant: Location: Description: Present Classification: Z-1878-A Arkansas Orchestra Society 506 N. Elm Lots 4, 5 & 6, Block 4, Pulaski Heights Addition "A" One -family Request: Applicant requests the Board of Adjustment to determine whether they are empowered the jurisdiction to permit a temporary retail sales use in a residential zone under Sections; 43-22 (4) (c): Permit a temporary build- ing for commerce or industry in a dwel- ling district which is incidental to the residential developments, such per- mit to be issued for a period of not more than one year. 43-22 (4) (d): Permit the location of the following uses in a district from which they are prohibited by this chapter: airport, nursery, greenhouse, library, museum, community center, hospital, institutions of an educational, religious or philanthropic nature, and parking lot. BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED THAT THEY DO HAVE JURISDIC- TION TO PERMIT A TEMPORARY RETAIL SALES USE IN A RESIDENTIAL ZONE CITING SECTION 43-22-(4) (d) OF THE CODE OF ORDINANCES DEALING WITH USES OF.A PHILANTHROPIC NATURE. Staff Recommendation: The Staff feels that the Board of Adjustment is not empowered to allow a commercial use (temporary or permanent) in a residential district unless it is incidental to the residential develop- ment. Therefore, the Staff recommends that the Board vote not to deal with the issue. There were no objectors present. OTHER MATTERS Item No. 2 Request from the Staff for determination as to the types of structures/.uses allowable in -the front yard setb-.:-k of residentially zoned property within the City of Little Rock. BOARD OF ADJUSTMENT ACTION; THE BOARD VOTED THAT THEY DO HAVE JURISDICTION OVER ANY STRUCTURAL ENCROACHMENT LYING WITHIN THE REQUIRED FRONT YARD SETBACK OF A RESIDENTIAL TRACT. SAID DETERMINATION DIRECTLY IN LINE WITH SECTION 43-22- (4) (G) OF THE CODE OF ORDINANCES FOR THE CITY OF LITTLE ROCK. There being no further business, the meeting was adjourned at 4!00 P. M. L. Dickson Flake Chairman u J. A, Fine Secretary