HomeMy WebLinkAboutboa_04 16 1979I.
II.
LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY AND MINUTE RECORD
APRIL 16, 1979
2:00 P.M.
Roll Call and Finding of a Quorum
A quorum was present being six in number.
Approval of the Minutes of the Previous Meeting
The minutes of the March meeting were approved as
mailed out.
III. Members present:
Members absent:
City Attorney:
Samuel Anderson
Kirby Smith
Marcelene Geroir
Jack Taylor
Ray Fureigh
Jerry Wilcox
Jim Summerlin
Carolyn Armbrust
April 16, 1979
Item No. 1 - Z-3277
Owner:
Address:
Darragh Investment Company
4419 Western Hills Avenue
( Rock Creek Golf Course)
Description: Long Legal
Zoned: "MF-12" Multifamily District
Variance: Request permission under the provisions
of Section 40-15 to permit location of
one mobile home for security purposes
on a commercial site
Present Use Of
Property: Golf Course
Proposed Use
of Property: Same
Staff Recommendation:
This item appears before the Board of Adjustment in
accordance with Section 40-15 of the Code of Ordinances
which designates the Board of Adjustment to serve also as
the Trailer Court Board in matters of this type.
Most mobile homes do not meet the Southern Standard Building
Codes, however, Section 40-15 of the City Code does provide
for use of a mobile home for a residence when such use
serves the purpose of providing security for a commercial
establishment. This application covers such a use.
Staff recommends approval.
Board Action:
The applicant was present and there were no objectors.
After a brief discussion, the Board moved to approve the
application. The motion passed 6 ayes, 0 noes, 1 absent.
April 16, 1979
Item No. 2 - Z-3288
Owner:
Address:
Description:
Zoned:
Michael R. McQueen
115 Fairview Road
Lot 6, except the north 20' thereof
Rieff's Subdivision of Lots 2, 3 and
4, Block 22, Hillcrest Addition
"A" One Family District
Variance: Request the variance from Section 43-12
to permit encroachment into a required
front yard
Present Use of
Property: Single Family Residence
Proposed Use of
Property: Same
Staff Recommendation:
The applicant proposes a major remodeling of an existing
structure. A part of that work proposes to enclose an
existing front porch and to add an upper story above it. As
the sketch shows, the existing structure projects into the
front yard.
On -site inspection of the property shows that all of the
houses along Fairview Road seem to project towards the
street, and the proposed addition to the McQueen property
will not damage the appearance of the neighborhood.
Staff recommends approval.
Board Action:
The applicant was present to answer questions and there were
no objectors. After a brief discussion and review of the
plans, the Board moved to approve the request. The motion
passed 6 ayes, 0 noes, 1 absent.
April 16, 1979
Item No. 3 - Z-3256-A
Owner: Elizabeth Spradley
Address: 105 N. Palm
Description: Lot 15, Block 7, Elmhurst Addition
Zoned: "E-l" Quiet Business District
Variance: Request variance from Section 43-14
to permit a 15 foot rear yard
encroachment
Present Use of
Property: Single Family Residence
Proposed Use of
Property: Multifamily Residence
Staff Recommendation:
This item is a staff matter. Some months back this property
was zoned "E-1" Quiet Business in accordance with a
long-standing City policy for property in this area of the
City.
Later, the applicant applied for a building permit to permit
a "duplex." A misunderstanding regarding what constitutes a
"duplex" gives rise to this variance issue. The permit was
issued on the assumption that the intended construction
involved a two unit dwelling under a single roof.
After considerable construction had taken place, it was
discovered that actually a second dwelling unit was being
constructed on the lot. Actually, this construction is the
enlargement of an existing structure on the lot. Since the
"E-1" zoning permits multiple buildings as in "D" Apartment
development, the separation of structures is not an issue.
However, the second structure does encroach into a required
rear yard.
Staff recommends approval.
Board Action:
The applicant was present and there were no objectors. The
applicant explained how the issue had come about and
explained the hardship in question. After a brief
discussion, the Board moved to approve the application. The
motion passed 6 ayes, 0 noes, 1 absent.
April 16, 1979
Item No. 4 - Ordinance Interpretation
Name: Sol Alman Company
Location: 1300 E. 9th Street
Request: Interpretation to determine whether the
installation of an aluminum sweat
furnace within an enclosed building is
permissible in the "I" Light Industrial
District
Staff Recommendation:
Having reviewed both the Ordinance and the information
presented at the March 19, 1979, meeting of the Board, staff
recommends approval of the installation and use of one
aluminum sweat furnace at this location. Such approval
should be contingent upon the following:
1. Installation and use shall be within an appropriately
constructed building.
2. Applicant shall receive and maintain the approvals of
the State Pollution Control Board and the U.S.
Environmental Protection Agency.
Board Action:
After a brief discussion, the Board moved to approve the
request; that is, to determine that their interpretation
would allow the installation of an aluminum sweat furnace
within the enclosed building as proposed by the applicant.
As a part of that determination, the Board included the
staff's recommendation that the installation and use be
within an enclosed, properly constructed building, and
secondly that the applicant also receive and maintain the
approval of the State Pollution Control Board as well as the
U.S. Environmental Protection Agency. A motion to approve
the interpretation allowing the use was made. The motion
passed 6 ayes, 0 noes, 1 absent.
April 16, 1979
Item No. 5 - Z-3314 - Deferred
Owner: Mary Corinne Lindner
By: Fred Graves
Address: 1723 N. Mississippi
Description: Southeast corner Mississippi and Ohio
Zoned: "A" One Family
Variance: Request permission under the provisions
of Section 43-22 (4) (d) to locate a
day-care facility in a residential
district
Present Use of
the Property: Vacant, single family residence
Proposed Use of
the Property: Modified day-care service (after
school)
Staff Recommendation:
Staff recommends denial on the basis of the following
considerations:
1. The lot contains less than 6500 square feet; substandard
for the "A" Zoning District and appears too crowded by
the house and the fence for the proposed use.
2. Traffic handling at this location would be problematical
as the 11.9' setback for Mississippi and the 9.6'
setback are neither sufficient to provide proper access
(ingress or egress).
3. Congestion and traffic flow at the intersection
certainly would prevent safe temporary stoppage on
either street to solve this problem.
4. Required off-street parking would likely eliminate all
or most of the rear yard open space.
Special Notation:
At the February meeting, the applicant was asked by the
Board to submit a site plan for his proposal in order to
show how the issues raised by the staff would be addressed.
It was anticipated that the site plan would be submitted at
the meeting on March 19; however, the applicant failed to
attend the meeting and it was again deferred. He has stated
his intention to be at this meeting with a site plan. Staff
recommendation has not changed on this issue.
April 16, 1979
Item No. 5 - Z-3314 - Deferred - Continued
Board Action:
The applicant was present and there were no objectors. The
applicant presented his site plan showing that no loading
and unloading of passengers at this proposed facility would
take place, and that all such loading and unloading would
take place on a church property adjacent to his present
facility at the intersection of Mississippi and Indiana.
After a lengthy discussion, the Board moved to approve the
use of this property in connection with the applicant's
request with the conditions that all pick up of children and
unloading of children be done at the church property as
stated would be so by the applicant, and secondly that any
travel of children between the existing facility and the new
facility be done along,the rear property lines of the
properties rather than on the right-of-way of Mississippi
Street. The motion passed 6 ayes, 0 noes, 1 absent.
April 16, 1979
There being no further business, the meeting was adjourned
at 2:30 p.m.
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