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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. 9 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 21 22 23 24 25 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, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 M 0 0 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: 19 20%—�7�/— i/J9/1 21 Na> cy Wodd, City Clerk 22 23 APPROVED AS TO LEGAL FORM: 24 26 Thomas M. Carpenter, City Atto 27 H [PAGE3oF31 Resolution To set hearing for Sobel, Inc. Appeal APPROVED: Jim b6ley, Mayor