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