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HomeMy WebLinkAboutZ-03125-B ApplicationLl 6TH. ST P 1 N: ST. ti �' tZ-ZU3 N A �� NW �O u -Zt�q g0 Iz.n 12 e May 19, 1986 Item No. B - Z -3125-B Owner: Rick's, Inc./DBA/White Water Tavern Address: West 7th Street and Thayer Street Request: To review determination of City staff that subject site contains a nonconforming use/structure that cannot be expanded. Statement of Petitioner's Attornev: 1. Please be advised that our firm's representative, Rick's Inc., DBA White Water Tavern, contests the staff determination in this matter. On March 24, 1986, I was contacted by Mr. Ken Scott, head of the Enforcement Division of the City of Little Rock, regarding an alleged expansion of the nonconforming use at our client's business located at Test 7th and Thayer Streets. Mr. Scott informed me that a notice to have the alleged building addition removed would be issued unless we took immediate steps to initiate an appeal of said interpretation or seek a variance. 2. Please accept this as notice of my client's intention to appeal. The alleged building addition involves a roofed screened in porch located on the south side of the building. The screened in area houses a bar-b-que smoker and was required by the State Health Department. The porch is located on part of the preexiting slab of the building and no new slab or concrete was poured for erection of the porch. All that was done was to erect a roof and a screen around an area that already existed. There was no outward expansion of the building slab in any manner. Ordinance Provisions at Issue: "Article V, Section 5-101.c.1 (c) NONCONFORMING USES: 1. Expansions A nonconforming use shall not be extended, expanded, enlarged or increased in intensity to any structure or land area other than that occupied by such nonconforming use on the effective date of this ordinance or any amendment hereto which causes such use to become nonconforming."- May 19, 1986 Item No. B - Continued "Article V, Section 5-101.d.1 ENLARGEMENT, REPAIR OR ALTERATIONS: Any nonconforming structure may be enlarged, maintained, repaired or altered provided, however, that no such enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity for all or any part of such structure." STAFF REPORT: The Planning staff will develop the City staff position relative to this subject prior to the public hearing inasmuch as it is an involved issue. We will be prepared to address this issue at the public hearing. However, there is one point at this time that we would like to place in the record. The fact that the State Health Department required this smoker to be located at this point is not a concern that we have viewed in the past which abridges or modifies any of our regulations. It is our understanding from past opinions of the City Attorney that certain health regulations of the State of Arkansas did preempt the Zoning Ordinance. However, that was in instances where the addition or the proposal was required to meet certain health standards of an existing activity. The smoker and/or facility in place here is an expansion of the use was not formerly in place and is part of the issue at hand. BOARD OF ADJUSTMENT ACTION: (4-21-86) The Chairman offered deferral to those applicants who felt that the attendance problem impacted their request. Inasmuch as there were only six members present and five votes are required for action on any matter, this applicant chose deferral to May 19, 1986. A motion to this effect was made and passed by a vote of 6 ayes, 0 noes, 1 absent and 2 open positions. BOARD OF ADJUSTMENT ACTION: (5-19-86) Larry Garrison of the Whitewater discussed the request. He said removed and a new one was added Mr. Garrison then presented some issue at length. He pointed out utilized the existing slab which a wash area. There had been no Chief of Signs and Zoning, said Tavern was present and that an old porch was that was screened in. photos and reviewed the that the new porch had had been primarily used for smoker there. Kenny Scott, that expansion of a nonconforming use had occurred because the smoker was new. May 19, 1986 Item No. B - Continued He pointed out that the State Health Department required the addition because the smoker was added. Mr. Scott went on to say that his office did receive a complaint about the addition and an investigation was initiated after that. Mr Garrison spoke again and made some additional comments about the previous actions before the City and that the smoker had been in place for about three months. He also said that the removal of the smoker would cause some problems. There was a long discussion, and Mr. Scott spoke again about the parking and several issues. A motion was then offered which stated that the addition was an expansion of a nonconforming use which is prohibited by the Zoning Ordinance. The motion was approved by a vote of 8 ayes, 0 noes and 1 absent. April 21, 1986 Item No. 13 - Z -3125-B Owner: Rick's, Inc./DBA/White Water Tavern Address: West 7th Street and Thayer Street Request: To review determination of City staff that subject site contains a nonconforming use/structure that cannot be expanded. Statement of Petitioner's Attorney: 1. Please be advised that our firm's representative, Rick's Inc., DBA White Water Tavern, contests the staff determination in this matter. On March 24, 1986, I was contacted by Mr. Ken Scott, head of the Enforcement Division of the City of Little Rock, regarding an alleged expansion of the nonconforming use at our client's business located at West 7th and Thayer Streets. Mr. Scott informed me that a notice to have the alleged building addition removed would be issued unless we took immediate steps to initiate an appeal of said interpretation or seek a variance. 2. Please accept this as notice of my client's intention to appeal. The alleged building addition involves a roofed screened in porch located on the south side of the building. The screened in area houses a bar-b-que smoker and was required by the State Health Department. The porch is located on part of the preexiting slab of the building and no new slab or concrete was poured for erection of the porch. All that was done was to erect a roof and a screen around an area that already existed. There was no outward expansion of the building slab in any manner. Ordinance Provisions at Issue: "Article V, Section 5-101.c.1 (c) NONCONFORMING USES: 1. Expansions A nonconforming use shall not be expanded, enlarged or increased any structure or land area other occupied by such nonconforming u effective date of this ordinance hereto which causes such use to nonconforming." extended, in intensity to than that se on the or any amendment become April 21, 1986 Item No. 13 - Continued "Article V, Section 5-101.d.1 ENLARGEMENT, REPAIR OR ALTERATIONS: Any nonconforming structure may be enlarged, maintained, repaired or altered provided, however, that no such enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity for all or any part of such structure." STAFF REPORT: The Planning staff will develop the City staff position relative to this subject prior to the public hearing inasmuch as it is an involved issue. We will be prepared to address this issue at the public hearing. However, there is one point at this time that we would like to place in the record. The fact that the State Health Department required this smoker to be located at this point is not a concern that we have viewed in the past which abridges or modifies any of our regulations. It is our understanding from past opinions of the City Attorney that certain health regulations of the State of Arkansas did preempt the Zoning Ordinance. However, that was in instances where the addition or the proposal was required to meet certain health standards of an existing activity. The smoker and/or facility in place here is an expansion of the use was not formerly in place and is part of the issue at hand. BOARD OF ADJUSTMENT ACTION: (4-21-86) The Chairman offered deferral to those applicants who felt that the attendance problem impacted their request. Inasmuch as there were only six members present and five votes are required for action on any matter, this applicant chose deferral to May 19, 1986. A motion to this effect was made and passed by a vote of 6 ayes, 0 noes, 1 absent and 2 open positions. Hi-rEA-rER TAVERN _. 7TH & THAYER _LITTLE ROCK ... ARKANSAS REST. - ---- - PLAN 1/4° = 1�-0" oaoiof on Law 91rm, Lfo( ATTORNEYS AT LAW 900 WEST FOURTH STREET P.O. BOX 1300 LITTLE ROCK, ARKANSAS 72203 (501)374-9977 June 26, 1986 Mr. Richard Wood Office of Comprehensive Planning City Hall Little Rock, AR 72201 RE: Whitewater Tavern - Intention to Form Planned Commercial District Dear Richard: JUN 27 IW' 'EHARLES DARWIN DAVIDSON STEPHEN L.GERSHNER CHARLES PHILLIP BOYD, JR. THOMAS H. McLAIN, JR GEOFFREY B.TREECE Please accept this letter as notice of my clients' intention to proceed under Article IX of the City of Little Rock Zoning Ordinance to establish a Planned ,Commercial District at their current location of Seventh and Thayer Streets. I understand that the deadline for filing our formal application is July 14, 1986. Prior to the deadline, we are required to meet with the staff for a pre -application conference. My clients and I are currently available to meet any day of the week of July 7, 1986 except for Thursday, July 10, 1986. It is also my understanding that you will ask Mr. Kenny Scott of Enforcement to withhold any action related to the barbecue smoker while our application is pending. We look forward to working with you and the staff. Thanks for your help and consideration. Cordially yours, A4j&'U.e_ Geoffrey B. Treece GBT:bs:3016T cc: Mr. Tony Bozynsky Mr. Richard Daes Mr. Larry Garrison 900 WEST FOURTH STREET P.O. BOX 1300 LITTLE ROCK, ARKANSAS 72203 (501)374-9977 Da oio' on Law girm, !6/0( ATTORNEYS AT LAW April 8, 1986 Tony Bozynsky Room 311, City Hall 500 West Markham St. Little Rock, Arkansas 72201 CHARLES DARWIN DAVIDSON STEPHEN L. GERSHNER CHARLES PHILLIP BOYD, JR. THOMAS H. McLAIN, JR. GEOFFREY B.TREECE Re: White Water Tavern - Alleged Expansion of Nonconforming Use Dear Mr. Bozynsky: Enclosed please find a sketch of the screened in area which your enforcement division has alleged to be an expansion of a nonconforming use. You should be advised that this entire area was previously fenced in by a rather unsightly wooden fence. The owners have pictures which reflect same and would be willing to exhibit those upon your request. If I can be of any assistance, please do not hesitate to call. Cordially yours, GEOFFREY B. TREECE GBT/kah Enclosure 2746T Davro(s on Law 3Irm, Lfo( ATTORNEYS AT LAW 900 WEST FOURTH STREET CHARLES DARWIN DAVIDSON P.O. BOX 1300 STEPHEN L. GERSHNER LITTLE ROCK, ARKANSAS 72203 CHARLES PHILLIP BOYD, JR. (501) 374-9977 THOMAS H. McLAIN, JR. March 31, 1986 GEOFFREY B. TREECE HAND DELIVERED Tony Bozynsky Room 311 City Hall 500 West Markham St. Little Rock, Arkansas 72201 Re: White Water Tavern - Alleged Expansion of Nonconforming Use Dear Mr. Bozynsky: Please be advised that our firm represents Rick's, Inc., d/b/a White Water Tavern in the above -captioned matter. On March 24, 1986, I was contacted by Mr. Ken Scott, head of the enforcement division of the City of Little Rock regarding an alleged expansion of a nonconforming use at our client's business located at 7th and Thayer Streets. Mr. Scott informed me that a notice to have the alleged building addition removed would be issued unless we took immediate steps to initiate an appeal of said interpretation or seek a variance. Please accept this letter as notice of my client's intention to appeal the enforcement staff's interpretation that there has been an expansion of a nonconforming use. The alleged building addition involves a roofed, screened in porch located on the south side of the building. The screened in area houses a barbecue smoker and was required by the State Health Department. The porch is located on part of the pre-existing slab of the building and no new slab or concrete was poured for erection of the porch. All that was done was to erect a roof and a screen around an area that already existed. There was no outward expansion of the building slab in any manner. I understand from Mr. Richard Wood of the Office of Comprehensive Planning that for the purposes of this letter and the appeal, a graphic depicting the alleged building addition should be forwarded to you. Please be advised that I am currently attempting to locate a blueprint or some other drawing from my clients and will forward same to you as soon as I have received it. If I can be enhance the factual not hesitate to call. GBT/kah 2719T of further assistance, or if I need to matter contained in this letter, please do C rdially yours, I--- Q:: GEOFF E B. TREECE