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HomeMy WebLinkAboutboa_06 18 1979LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY AND MINUTE RECORD June 18, 1979 2:00 P.M. I. Roll Call and Finding of a Quorum A quorum was present, being six in number. II. Approval of the Minutes of the Previous Meeting Minutes of the May meeting were approved as mailed out. III. Members present: Samuel Anderson, Chairman Marcelline Giroir Ray Fureigh Jerry Wilcox Kirby Smith James Summerlin Members absent: Jack Taylor City Attorney: Carolyn Witherspoon, Assistant City Attorney June 18, 1979 Item No. 1 - Z-3358 Owner: Address: Description: Zoned: Variance: Present Use Of Property: Proposed Use of Property: James B. Rule 1309 Cumberland Street Lot 3, Block 48, Original City "HR" High Density Residential Request variance from Section 43-36 to permit a rear yard encroachment Single Family Residential Multi -family residence STAFF RECOMMENDATION: This structure, which encroaches into the required rear yard actually projects into the original alley. Ordinance #9150 did not close the alley, but rather only narrowed the alley to some 12 feet in width. There is evidence that the alley is still used for trash pickup by the City. The proposed use of the accessory structure in question is for an additional apartment on the site. Staff is concerned that there is no apparent availability of parking facilities for the existing apartments in the area and not much promise of any for the future. With available information, staff feels compelled to recommend denial to prevent any further overdevelopment of the site. BOARD ACTION: The staff told the Board that the applicant had failed to mail his notices in the prescribed time and, therefore, such action or nonaction meant automatic deferral. The Board moved to defer the request to the July meeting. The motion passed: 6 ayes, 0 noes, 1 absent. 1 J June 18, 1979 Item No. 2 - Z-3359 Owner: Address: Geyer Springs United Methodist Church by Thomas D. Carter 5900 56th Street Description: Long Legal Zoned: "A" One Family Variance: Request permission under the provisions of Section 43-22 (4) (d) to establish an accessory parking lot for a church Present Use Of Property: Parsonage Proposed Use of Property: Parking lot STAFF RECOMMENDATION: The stated intention is to remove the existing house from the property and to then use it for a parking lot. There has been some indication that the applicant may wish to wait for a period of time before pursuing this action. Staff has no difficulty recommending approval of the proposal, but there is some concern about the suggested delay in implementation. Article 4, Section 3 of the Board of Adjustment Bylaws, states: If an application is granted by the Board, all permits necessary for the prosecution of the work shall be obtained within ninety days and construction completed within six months from the date of permission by the Board, unless extension of said time is granted by the Board; otherwise such permission shall be considered void." If the use will not be begun within this or a reasonable time frame as jointly agreed upon between the applicant and the Board, staff recommends that the request be withdrawn until a more appropriate time; that is, a time nearer to the proposed actual use of the property. BOARD ACTION: The applicant was present. There were no objectors. The applicant stated that they did not plan to convert this property to use for a parking lot within the prescribed time under the bylaws of the Board of Adjustment, and asked that such time be extended to two years. The Board, after a brief discussion, moved to grant the variance requested with the provision that the bylaw requirement be extended to permit the time limit to be two years for this application. The motion passed: 6 ayes, 0 noes and 1 absent. June 18, 1979 Item No. 3 Z-3366 Owner: Address: Description: Zoned: St. Peters Rock Baptist Church by Rev. J. E. Booker 2124 Brown Street Lots 13 and 14, Block 1, Chesterfield Square Addition City of Little Rock "B" Residence Variance: Request permission under the provisions of Section 43-22 (4) (d), to establish a day-care (church related) facility in a residential neighborhood. Present Use Of Property: Church and day-care facility Proposed Use of Property: Same STAFF RECOMMENDATION: Staff views this application as being a non -issue. The Enforcement Section of the Community Services Department cited this applicant for operating an "illegal" day-care facility because it had not been approved by Zoning or the Board of Adjustment. The property in question has been used as a church for a number of years and is still used for Sunday School classes and other church activities. The main church facility is now directly across the street from this property on the east side of Brown Street. Apparently, the issue is the fact that this building (the day-care facility) is not contiguous with the church, being separated by Brown Street. Staff recommends first that the Board of Adjustment make an interpretation of this situation, and second that if the Board finds that the facility is sufficiently separated to the point where it cannot be considered part of the church and its related facilities, that the Board approve this application. BOARD ACTION: The applicant was present. There were no objectors. After a brief discussion, the Board moved to approve the use of the property for a day-care center. The motion passed: 6 ayes, 0 noes and 1 absent. June 18, 1979 There being no further business, the meeting was adjourned at 2:06 p.m. Date: /C� J �im n S6 cr f, tar