boa_11 19 1973LITTLE ROCK BOARD OF ADJUSTMENT
M I N U T E S
NOVEMBER 19, 1973
MEMBERS PRESENT
L. Dickson Flake, Vice Chairman
S. Spencer Compton
M. R. Godwin
Walter E. Vroman
MEMBERS ABSENT
Lawrence S. Woolsey
STAFF PRESENT
Don R. Venhaus
John L. Taylor
Richard W. Wood
W. Mike Dooley
James C. Lawson, Jr.
James P. Light, Jr.
Dorothy Light
OTHERS PRESENT
F. Fulton, Gazette Reporter
R. Armbrust, Democrat Reporter
David Henry, City Attorney
2:00 P.M.
There being a quorum present, the meeting was called to order by the vice
chairman. A motion was made for approval of the minutes of the last
meeting, which was seconded and passed.
Action was taken on the following advertised items:
Item No. 1 - Z-2777
Applicant: Henry Lienhart
Location: 2800 West llth Street
Description: Lots 5 & 6, Block 11, Roots & Coys Addition to
Little Rock
Present Classification:"B" Residence District
Variance: Requests permission under the provisions of
Sec. 43-22 (4)(D) of the Code of Ordinances
to permit parking in a residential zone
Staff Recommendation: The Staff recommends approval of this applica-
tion provided the following stipulations are agreed upon and
Little Rock Board of Adjustment Minutes
November 19. 1973
2.
accomplished within 120 days (corrections are to begin immediately
however):
(a) The salvaging and storage of non -operational vehicles is not
allowed in a "J" Industrial District; therefore, such operations must
be ceased.
(b) Appianway St. between loth and llth Streets is damaged as a
result of the continual parking of buses on the street. This damage
must be repaired to the satisfaction of the Public Works Dept., and
the parking of buses on streets must be ceased.
(c) "ALL" parking areas now used by the applicant must be paved as
required by the zoning ordinance.
Effort should be made to save existing trees if possible. A 6 ft.
screen of wood or masonry shall be installed and maintained on the
north, south and west sides of the two lots under application.
(d) The drainage ditch on the west side of the lots under appli-
cation shall be cleaned out to the satisfaction of the Public Works
Department.
(e) Street improvements (curb, gutter, drainage, etc.) shall be
installed on llth and on Appianway Streets bordering the lots under
application.
Mr. Henry Lienhart, the applicant, was present and stated that there
were 20 buses parked on the property. It would be December before he
could do very much to the property. He asked if blacktop surfacing
would be satisfactory for the parking area and if he could put a
cyclone fence with barbed wire on top for screening purposes.
Mr. Venhaus said that blacktop surfacing would be satisfactory and
he could start immediately on cleaning the ditch on the west side of
the property and making repairs to the street. Also, the Staff pre-
ferred a wooden fence, and barbed wire was restricted.
There were no objectors present.
A motion was made to approve the application as recommended by the
Staff, which was seconded and passed.
Item No. 2 - Z-2772
Applicant: Castle House Apartments, Inc.
Location: 7311 Forbing Road
Description: Long legal
Present Classification:"E" Apartment District
Variance: Requests a variance from the Rear Yard Setback
provisions of Sec. 43-13 (2) of the Code of
Ordinances to permit 5 ft. encroachment into
rear yard (by carports)
Staff Recommendation: The Staff recommends approval of this applica-
tion provided the 20 ft. access easement shown on the approved
Little Rock Board of Adjustment Minutes
November 19. 1973
3.
development plan is constructed in its entirety with this first phase
of development to allow emergency access around the entire site, and
provided that the proposed carports be constructed and maintained as
overhead canopies only, not enclosed structures.
Mr. Charles Brown was present to represent the applicant and stated
that the Staff's recommendation was satisfactory to them.
There were no objectors present.
A motion was made to approve the application subject to the Staff's
recommendation, which was seconded and passed.
OTHER MATTERS
Determination as to whether or not mini -warehouses (personal storage
facilities) can be allowed in an "F" Commercial District under the
provisions of Sec. 43-22 (4) (k) of the zoning ordinance "(k) a whole-
sale business may be permitted by the board of zoning adjustment in an
"F" commercial district provided such wholesale business is of a retail
nature as determined by the board of zoning adjustment and where the
business is wholly contained within a building or buildings, and is of
the type not obnoxious or offensive by reason of emission of odor,
dust, smoke, gas or noise."
The Staff recommends that such use may be allowed by the Board of
Adjustment.
Mr. Edward Lester was present regarding this matter and stated that
his applicant felt that the jurisdiction issue should be dealt with
first and then this particular application.
Mr. Venhaus stated that Mr. Lester would definitely have to refer to
his applicant's development plan. Should the Board decide that it
does have jurisdiction over this particular issue, we do not feel that
the development plan submitted has sufficient detail for the Staff to
make a specific recommendation; therefore, it would be our recom-
mendation to you that should you accept jurisdiction over the matter
that we defer the case for 30 days to give them an opportunity to
respond with a much more detailed development plan that we can deal
with on a specific approval basis.
Mr. Lester stated that the applicant first filed a rezoning petition
for "I" Light Industrial which permits a standard warehouse. We do not
have any separate category in the zoning ordinance for a personal
storage type operation. This is a 5.5 acre tract now zoned "F" Com-
mercial. They propose constructing a storage facility of 96,000 sq.
ft. containing small rooms (the largest being 300 sq. ft.) to be used
for rental purposes to persons for their personal belongings when they
don't have enough storage room at home. Each separate storage area
will have its own particular door and lock. There will be no loading
Little Rock Board of Adjustment Minutes
November 19, 1973
4.
docks, simply curbs and garage type doors. There will be one entrance
off Highway #10. There will be an office and an apartment for the
manager. They will erect a 6 ft. high redwood fence across the rear
of the property. There will be no heavy overhead lighting on the
property.
Mr. Bill Haught was present to represent the Bailey Corp., developers
of Foxcroft Subdivision. He stated that his residence is a few feet
from this proposed development and he opposes having this type of
development visible from his back yard. He compared the proposal to
existing mini -warehouses in other areas. These are large unsightly
units which invite 24 hr. day traffic, noise, fumes, odors -- all of
which will be adjacent to a nice residential area.
Mr. Pete Hoover was present to represent the Watergate Apartments. He
stated that his understanding of the zoning ordinance was that the
applicant must show undue hardship before the Board can assume juris-
diction. I don't believe the applicant has shown undue hardship. Even
if undue hardship is shown, this Board can not grant the variance
except when the granting of the variance is in keeping with the spirit
and intent of the provisions of Sec. 43-22. The surrounding neighbor-
hood is primarily zoned residential or multi -family with commercial
zoning fronting on Cantrell Road. These commercial zones are support-
ing the residential area away from Cantrell Road. I don't think that
personal storage facilities are needed in this area. There are no
commercial warehouses or storage facilities within at least two or
three miles of the subject property. I believe that storage ware-
houses should not be permitted under this "F" Commercial use.
Mr. Don Jack was present to represent the Commercial National Bank
property which lies about 800 ft. east cf the subject property. He
stated that the bank's investment of $500.00 was based on the subject
property being developed as indicated. They feel that the proposed
usage would not be consistent with "F" Commercial zoning.
Mr. Gene Hale was present to represent the Union National Bank and
stated that they are planning to construct a new branch facility near
this area. They feel that the proposal by the applicant is contrary
and adverse to the zoning regulations.
A motion was made that the Board of Adjustment does not have jurisdic-
tion to permit this type of use in a "F" Commercial zone, which was
seconded and passed. They recommended that the applicant pursue his
rezoning petition with the Planning Commission if he wished to utilize
subject property for proposed use.
NEW MATTERS (CONTINUED
Item No. 3 - Z-869-A
Applicant: Leon P. Fields & Albert B. Corder by J. D.
Toney
Little Rock Board of Adjustment Minutes
November 19. 1973
5.
Location: 8300 Cantrell Road
Description: Long legal
Present Classification:"F" Commercial District
Variance: Requests permission under the provisions of
Sec. 43-22 (4) (k) of the Code of Ordinances
to permit location of personal storage com-
partments in "F" zone
No action was taken on this matter, due to Board action on previous
issue.
Item No. 4 - Z-2382-B
Applicant: Bakewell Corporation
Location: 5500 & .5600 West 65th Street
Description: Lot 1, James C. Menifee Addition to Little Rock
Present Classification:"I" Light Industrial & "A" One -family District
Variance: Requests permission under the provisions of
Sec. 43-22 (4) (D) of the Code of Ordinances to
permit parking lot in a residential zone
Staff Recommendation: The Staff recommends approval of this application
provided the following stipulations are agreed upon and provided:
(a) The 50 ft. strip of land under consideration was not rezoned
with the remainder of the tract in an effort to retain the natural
-
growth as a screen against the residential properties to the south.
If this area is to be used for parking, a survey locating all trees
within this area larger than 6 in. in diameter should be provided and
the parking and drives should be so arranged as to retain all of those
trees.
(b) Applicant to provide the Staff with a detailed site development
plan showing the area of office and warehouse uses, and dimensions of
all parking areas and stalls. All drives, turning radii, etc, to meet
Industrial Subdivision regulations.
(c) All parking and drive areas to be paved and landscaped as
required by the zoning ordinance. A 6 ft. opaque wooden or masonry
screen is to be installed and maintained where parking and drive areas
abut residential zoned properties.
(d) No access to Woodson Road to be permitted.
Mr. John Lane was present to represent the applicant. He said that
hasically they were in agreement with the ideas of the Staff recom-
mendation. In reference to Item (a), I would like for this to be
changed to read "save as many trees as possible" because this is a
very densely wooded area. (d) We feel that it is important to have
access off of Woodson Road. It is imperative that the back be as
attractive as the front. This development is for people who are look-
ing for high quality office space and warehouse.
Mr. Compton asked if there would be any way to keep the trucks out of
the adjacent residential neighborhood.
Little Rock Board of Adjustment Minutes
November 19, 1973
6,
Mr. Lane replied that they could put signs up saying that all trucks
return to 65th Street.
There were no objectors present.
A motion was made that this application be approved as recommded by
the Staff with the exception that an access onto Woodson Road be
allowed if its nature is approved by the Staff, retain all the trees
that are larger than 6 inches in diameter except where the Staff
specifically waives areas where they are not necessarily needed, and
all truck traffic to be off of 65th Street. Motion passed.
Item No. 5 - Z-2779
Applicant: Nealsie Calloway
Location: 2012 Brown Street
Description: Lot 1, Block 21, Chesterfield Square Addition
Present Classification:"B" Residence District
Variance: Requests a variance from the Yard Setback pro-
visions of Sec. 43-12 of the Code of Ordinances
to permit addition to non -conforming structure
Staff Recommendation: The Staff recommends approval of this applica-
tion as the proposed addition meets yard requirements. To not allow
reasonable use of this structure and at the same time not be able to
cause its removal can only lead to continued deterioration.
The applicant, Nealsie Calloway, was present and stated that he wanted
to build two more rooms on the front of the house because there was
not room toward the back.
There were no objectors present.
A motion was made to approve the application, which was seconded and
passed.
CONDITIONAL USE PUMITS
Item No. 1 - �-2665-A
Applicant: W. C. Swaffer
Location: 523 East Capitol Avenue
Description: Lot 523, Trapnell Block Stevenson Addition to
Little Rock
Present Classification:"HR" High Density Residential District
Variance: Requests permission under the provisions of
Sec. 43-37 of the Code of Ordinances to permit
office building in "HR" High Density Residential
zone
Staff Recommendation: The Staff recommends approval of this applica-
tion provided the following stipulations are agreed upon and
Little Rock Board of Adjustment Minutes
November 19, 1973
7.
accomplished:
(a) The trees on the west side of Sherman Street are saved. (New
curb should not be required, and the sidewalk should be reconstructed
so as to allow additional room for the trees).
Mr. John Robinson was present to represent the applicant and stated
that they were in agreement with the Staff's recommendation regarding
the saving of trees.
There were no objectors present.
A motion was made that the application be approved as recommended by
the Staff, which was seconded and passed.
There being no further business, the meeting was adjourned at 3:40 p.m.
Don R. Venhaus, Secretary
L. Dickson Flake, Vice Chairman