Z-8681 Staff AnalysisJULY 25, 2011
ITEM NO.: 7
File No.: Z-8681
Business Owner: Stephen Norman, d/b/a Adam and Eve
Applicant: Michael Shannon, Quattlebaum, Grooms, Tull & Burrow
Address: 1510 S. University Avenue
Description: West side of University Avenue, south of W. 12th Street
Zoned: C-3
Variance Requested: An administrative appeal is requested, appealing the City's
classification of a proposed business as a sexually oriented business.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Commercial
Proposed Use of Property: Commercial — Adam and Eve Store
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
Stephen Norman recently submitted a business license application for a business
called "Adam and Eve" to be located at 1510 S. University Avenue. The property
is zoned C-3 and located on the west side of S. University Avenue, south of W.
12th Street. On July 1, 2011, the City of Little Rock denied the business license.
The City determined that "Adam and Eve" is a sexually oriented business, as
defined by Section 17-212 of the Code. The business license was denied based
on the fact that the property at 1510 S. University is located within 750 feet from
single family residential property and possibly a church. Section 17-214 prohibits a
sexually oriented business from locating within 750 feet from certain uses. A copy
of Chapter 17, Article VII, regulation of Sexually Oriented Businesses, is provided
as a separate packet for Board review. The City Attorney will be present at the
Board of Adjustment public hearing to present the City's interpretation and reasons
for classifying "Adam and Eve" as a sexually oriented business.
The applicant is appealing the City's classification of "Adam and Eve" as a sexually
oriented business. The applicant contends that the business should not be
classified as a sexually oriented business as defined by Chapter 17 of the Code.
JULY 25, 2011
ITEM NO.: 7 (CON'T.
The applicant's letter requesting appeal is attached. Other supporting documents
submitted by the applicant are provided as a separate packet for Board review.
The Board of Adjustment is asked to determine if the City's classification of "Adam
and Eve" as a sexually oriented business is a correct interpretation of the Code.
• There are no maps/graphics associated with this item.
BOARD OF ADJUSTMENT: (JULY 25, 2011)
Michael Shannon was present, representing the application. There were no objectors
present.
Jeff Yates explained that it was his opinion that the issue at hand (definition of a
sexually oriented business) was not within the jurisdiction of the Board of Adjustment,
based on the fact it was an issue involving Chapter 17 of the Code and not Chapter 36.
Michael Shannon addressed the Board, representing the appeal application. He
explained that he thought the Board of Adjustment had the authority to deal with the
issue because it had to do with a decision made by a member of the Planning Staff.
Debra Weldon, City Attorney, explained that the issue at hand was a zoning issue, but
not an issue from Chapter 36 of the Code, the chapter the Board of Adjustment is
authorized to administer.
Mr. Shannon noted that the Board's authority to only deal with Chapter 36 was too
narrow. He explained that he was trying to exhaust all administrative remedies.
Mr. Yates explained that the ordinance was very specific in granting authority to the
Board of Adjustment. This issue was briefly discussed.
There was a motion to dismiss the appeal application, due to lack of jurisdiction by the
Board of Adjustment. The motion passed by a vote of 3 ayes, 2 nays and 0 absent. The
application was dismissed.