116422004001608
• 81/87/2884 11:14:27 AA
• filed 8 Recorded in
Official Records of
Cif MLYK STRLEY
1 RESOLUTION NO. 11642 CiacuiiiCWfy CLERK
Fees $14.08
2
3 A RESOLUTION TO .SET JANUARY 20, 2004 AS THE DATE FOR A
4 HEARING TO CONSIDER THE APPEAL OF SOBEL, INC., TO
5 EXTEND THE AMORTIZATION PERIOD FOR THE OPERATION OF
6 A SEXUALLY ORIENTED BUSINESS AT 3820 WEST 65TH STREET;
7 TO SET JANUARY 13, 2004, AS THE DATE AND FOR OTHER
8 PURPOSES.
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10 WHEREAS, Sobel, Inc., currently operates a sexually oriented business at 3820
11 West 65'h Street that is located within 750 -feet of a daycare center in violation of Little
12 Rock, Ark., Ordinance No. 18,906 (August 4, 2003), , and
13 WHEREAS, such operation is a nonconforming use that must terminate within
14 90 -days pursuant to Little Rock, Ark., Rev. Code § 17- 215(c) (1988) which is the codified
15 version of Little Rock, Ark., Ordinance No. 18,791 (December 3, 2002), and
16 WHEREAS, after proper notice to cease the operation of this nonconforming use
17 the owners of Sobel, Inc., requested a longer period of time to amortize its operation of a
18 sexually oriented business in order to avoid financial hardship, and
19 WHEREAS, the Little Rock Planning Commission refused to grant any such
20 extension on October 30, 2003, and a timely appeal of that decision was filed with the
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Planning Commission by letter dated November 3, 2003, and
WHEREAS, the Board of Directors intends to grant a prompt appeal of this
denial understanding that until such appeal is heard the business is permitted to
continue in operation pursuant to Little Rock, Ark., Rev. Code § 17
the understanding that any period of time in excess of the 90 -days
R olwbn
9b xl hearing !o, Snbd, Inc. Appeal
[PAGE10F31
1 date of Little Rock, Ordinance No. 18,906 (August 4, 2003), shall be deemed a part of
2 any maximum amortization period,
3 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
4 THE CITY OF LITTLE ROCK, ARKANSAS:
5 Section 1. The Board shall hear an appeal of the denial of an extension of the
6 amortization period for the operation of a sexually oriented business by Sobel, Inc., at
7 3820 West 65t1, Street on Tuesday, January 20, 2004, at 6:00 p.m. in the meeting room of
8 the Little Rock Board of Directors, or as soon after that time as the matter is reached
9 upon the regular call of the agenda.
10 Section 2. The City Clerk shall publish a notice of such hearing and the City
11 shall notify Sobel, Inc., of the date and time of such hearing.
12 Section 3. In accordance with the provisions of the City Code of Ordinances,
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and any other relevant ordinances, the questions on appeal shall be:
(a) What documentary and other evidence is available to establish that
the location as improved not be used for any other purpose than as a sexually
oriented business as defined in Little Rock, Ark., Rev. Code § 17 -212 (1988)
(b) Has the operation of this business involved the investment of
monies in a leasehold or improvements to a leasehold that cannot be used for
any other purpose than as a sexually oriented business as defined in Little Rock,
Ark., Rev. Code § 17 -212 (1988) ?;
(b) If so, why is a longer period of time to operate than the 90 -days
provided in Little Rock, Ark., Rev. Code § 17- 215(c)(1988) necessary to prevent
undue financial hardship ?;
(c) What documentary and other evidence is available to establish the
amount of the financial investment and why a longer period of time than the 90-
days provided in Little Rock, Ark., Rev. Code § 17 -215 (1988) is required?
Resolution
To set hearing for Sobel, Inc. Appeal
[ PAGE 2 oF31
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1 Section 4. So that the Board of Directors will have sufficient time to consider
2 the information to be presented at the public hearing, any documentary information the
3 applicant intends to use or reply upon to establish a leasehold interest, the cost of
4 improvements, the basis for a claim of financial hardship, and the inability of the
5 location as improved to be used for any other purpose than as a sexually oriented
6 business, shall be presented to the Board of Directors no later than the close of business
7 on January 13, 2004.
8 Section 5. Severability. In the event any title, section, paragraph, item,
9 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid
10 or unconstitutional, such declaration or adjudication shall not affect the remaining
11 portions of the ordinance which shall remain in full force and effect as if the portion so
12 declared or adjudged to be invalid or unconstitutional was not originally a part of the
13 ordinance.
14 Section 6. Repealer. All laws, ordinances, resolutions, or parts of the same
15 that are inconsistent with the provisions of this ordinance are hereby repealed to the
16 extent of such inconsistency.
17 PASSED: December 16, 2003
18 ATTEST:
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21 Na> cy Wodd, City Clerk
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23 APPROVED AS TO LEGAL FORM:
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26 Thomas M. Carpenter, City Atto
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[PAGE3oF31
Resolution
To set hearing for Sobel, Inc. Appeal
APPROVED:
Jim b6ley, Mayor