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HomeMy WebLinkAboutboa_03 19 1979I. II. LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY AND MINUTE RECORD MARCH 19, 1979 2:00 P.M. Call to order 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 February meeting were approved as mailed out. III. Members present: James Summerlin, Vice Chairman Jack Taylor Kirby Smith Marcelline Giroir Jerry Wilcox Ray Fureigh Members absent: Samuel Anderson, Chairman City Attorney: R. Jack Magruder March 19, 1979 Item No. 1 - Z-3323 Owner: Mr. and Mrs. J. A. Riggs III By: Owen Lyon Address: 5418 Sherwood Description: East 1/2 of Lot 157 except the West 5 feet thereof and all of Lots 158, 159, and 160, Prospect Terrace Addition No. 2. Zoned: "A" One Family Variance: Request permission under the provisions of Section 43-22 (4) tc and dj for a temporary commercial use of a residence by a philanthropic organization. Present Use of the Property: Single family residence. Proposed Use of the Property: Guild of the Arkansas Orchestra Society Designer House from April 20 to May 20, 1979. Staff Recommendation: Proposed use is an annual event to raise funds for the Arkansas Symphony. The commercial use is limited to charges for admission to the house and sales of various handcrafted items. Staff recommends approval of a temporary waiver; the use of which is not to extend beyond May 31, 1979. Board Action: The applicant was present, and there were no objectors. After a brief discussion, the Board moved to approve the application as a temporary waiver which will not extend beyond May 31, 1979. The motion passed: 6 ayes, 0 noes, 1 absent. March 19, 1979 Item No. 2 - Z-3325 Owner: Scott Square Inc. By: Donald Evans Address: Northeast corner llth and Scott Description: Lots 5 and 6, Block 24, Original City Zoned: "HR" High Density Residential Variance: Request variance from Section 43-21 (J) to permit a five foot fence in the front yard. Present Use of the Property: Multifamily residence. Proposed Use of the Property: Multifamily residence. Staff Recommendation: The applicant states the intention to reconstruct a brick wall which originally surrounded the apartment building. The proposed structure would encroach into the area designated to remain unrestricted by the Blind Corner Ordinance (part of the City's traffic code). In the past, certain "transparent" fences have been allowed, however, this request calls for a solid brick structure. Staff recommends denial. Board Action: The applicant, Donald Evans, was present and he addressed the staff issues, stating that the Traffic Division of the Department of Community Services had reviewed the proposal and had no concerns about the sight distance problem or the Blind Corner Ordinance. After a brief discussion, the Board moved to approve the application as filed. The motion passed: 6 ayes, 0 noes, 1 absent. March 19, 1979 Item No. 3 - Z-3327 Owner: Little Rock Municipal Water Works By: Jack Wilson Address: Northwest corner N. Pierce Street at "W" Street Description: Lots 7, 8, 9 and 10, Block 27, Park View Addition Zoned: "A" One Family Variance: Request permission under the provisions of Section 43-22 (4) (i) to permit expansion of a public utility in a residential district. Present Use of the Property: Water storage facility. Single family residence. Proposed Use of the Property: Water storage facility. Single family residence. Staff Recommendation: Staff believes the following points should be made: 1. This project is needed to ensure adequate water pressure for a significant area of the City, and also to maintain our insurance rating. In a situation of this kind, the needs of the City as a whole rather than a single neighborhood should take precedence. 2. The proposal affords an opportunity to remove an existing unsightly water tower and replace it with an attractive new tower of modern design. 3. As part of the redevelopment, a poorly maintained rent house would be removed to the benefit of the neighborhood. 4. With the larger site created by demolishing the house just to the south of the existing tower, it becomes possible to properly place the new water tower within the site itself. The proposed tower would be further away from homes in the next block of Pierce to the south. March 19, 1979 Item No. 3 - Continued 5. By retaining ownership of another rent house to the north, the Water Department will partially buffer the new tower from homes in the remainder of that block. 6. This proposal affords an opportunity to create a small neighborhood tot lot, park, or recreational area within the Heights neighborhood. Through the jurisdictional responsibility of the Board of Adjustment on this issue appears to be limited owing to Act 321 (passed by the Arkansas Legislature in 1955) staff feels that the Board can and should offer to serve as an intermediary on the matter. Staff recommends that the Water Works and the neighborhood get together to agree upon a mutually acceptable development scheme. Any such agreement should reflect the following considerations: 1. Neighborhood will not oppose construction of the 0.5 MG tank as designed by the Water Works. 2. Slight reduction in the height of the tank to be subject to negotiation. 3. Neighborhood to specify type of landscaping and screening to be provided, as well as color of tank. 4. Retention or removal of the additional rent house to be subject to negotiation. Staff suggest deferral for one month to hammer out the details of such an agreement. Board Action: John Gill, Attorney for the Water Works, stated that the Water Works was willing to work with the Board in any way it deemed appropriate. The Board, after a brief discussion, acknowledged the City Attorney's memo stating that they had no jurisdiction in the matter, and moved to defer consideration of this issue to the Planning Commission. The motion passed: 6 ayes, 0 noes, 1 absent. March 19, 1979 Item No. 4 - Z-3328 Owner: David and Mary Ann Meers Address: 5419 Edgewood Description: Lot 145 except the east 20 feet thereof and Lot 146, Prospect Terrace No. 2 Zoned: "A" One Family Variance: Request variance from Section 43-12 (2) to permit a nine foot encroachment into required rear yard. Present Use of the Property: Single family residence. Proposed Use of the Property: Single family residence. Staff Recommendation: The applicant is proposing an addition to the rear of his home which will tie in to an existing freestanding building. Therefore, the encroachment is derived from a technicality, to wit: The encroachment presently exists but is not considered such because the structure is an accessory use. However, the proposed addition will make the present accessory structure a part of the main structure, thereby, creating a "real" encroachment. Since no substantive change in the rear yard will occur, staff recommends approval. Board Action: The applicant was present, and after a brief discussion the Board moved to approve the application. The motion passed: 6 ayes, 0 noes, 1 absent. March 19, 1979 Item No. 5 - Z-3329 Owner: S and K Transmission Company By: Howard Koopman Address: 7300 Asher Avenue Description: Long legal. Zoned: 'IF" Commercial. Variance: Request variance from Section 43-15 to permit encroachment into a required yard setback. Present Use of the Property: Automobile transmission repair service. Proposed Use of the Property: Automobile transmission repair service. Staff Recommendation: The applicant wishes to expand the existing structure in order to add one repair bay. The hardship encountered relates to the triangular shape of the property. On site inspection of the problem suggests that the property is probably not suitable for the existing situation and is certainly not suitable for expansion. It appears now that the maneuvering of vehicles requires use of the streets bordering the site and expansion will only serve to exasperate the problem. Over the years, this property has been given several waivers on public improvements to both streets because Asher Avenue was to be a public project. However, it has now been dropped from the project list and any expansion of this use at this location will bring with it the requirement that the applicant build those street and drainage improvements. That requirement will further limit the property's capacity for use. Staff recommends denial. Board Action: The applicant was present and asked for a determination of which yard was involved in this issue. He stated that he felt the appropriate declaration would be to let 40th Street be designated the side yard and Asher Avenue be designated the front yard side. After a lengthy discussion of the proposed addition to the business and also a discussion of the points raised by the staff regarding street improvements, the Board moved to deny the application. The motion passed: 6 ayes, 0 noes, 1 absent. March 19, 1979 Item No. 6 - Z-3333 Owner: Raymond Branton Address: 519 Rock Street Description: Lots 5 and 6, Block 150, Original City Zoned: "HR" High Density Residential Variance: Request permission under the provisions of Section 43-35 (2) (d) to establish a professional office in a residential district. Present Use of the Property: Multifamily residence. Proposed Use of the Property: Professional office (architect) and multifamily residence. Staff Recommendation: The applicant's plan indicates significant renovation of the existing structure to include removal of a portion of the rear of the building as it now exists and reconstruction as it previously existed. There are actually two buildings on the property. There is the building which will be renovated for the office which sets on the front portion of the property which has been damaged by fire. On the rear of the property is a second building constructed of brick which serves as the present multifamily residence and will continue in that use at the time this renovation is completed. Staff recommends approval as per the site plan submitted by the applicant. This approval assumes the maintenance of not less than a ten foot separation between the two buildings on the site. Board Action: The applicant was present, and there were no objectors. In addition, Kathy Worthen, of the Quapaw Quarters Association, read a statement from the Association urging approval of this request. After a brief discussion, the Board moved to approve the application as filed. The motion passed: 6 ayes, 0 noes, 1 absent. March 19, 1979 Item No. 7 - 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 "AA" 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 provide 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 is anticipated that the site plan will be submitted at the meeting on March 19. Staff recommendation has not changed on this issue. March 19, 1979 Item No. 7 - Continued Board Action: The applicant was not present, nor was any representative. There were no objectors present either. After a brief discussion, the Board moved to defer this item for thirty days in order to give the applicant additional time to present his case. The deferral will actually go to April 16, 1979. The motion passed: 6 ayes, 0 noes, 1 absent. March 19, 1979 Item No. 8 - Z-3313 - Deferred Owner: Ray and Mabel Huckabay Address: 1516 Cumberland Street Description: Lots 4 and 7, Block 18, Original City Zoned: "D" and "E" Apartment. Variance: Request permission under the provisions of Section 43-22 (4) (d) to establish accessory parking lots in residential districts. Present Use of the Property: Vacant (one lot paved with asphalt). Proposed Use of the Property: Parking lots. Staff Recommendation: Staff recommends denial based upon the following considerations: 1. The lots are neither contiguous to the use to which they would be an accessory nor to each other (which might allow for proper parking lot development). 2. Proposed use is not compatible with surrounding residential land uses. 3. The request is not reasonable in that it asks the City to solve a problem created by the applicant himself. Special Notation: This item was deferred from February because the applicant had not notified neighboring property owners. He has properly notified the required people and the proof of notice is in the file. The staff recommendation remains the same. Board Action: The applicant was present, and his agent, Leo Tyre, an engineer, made a presentation addressing the points raised by the staff. After his presentation, several other people were present who wished to speak in opposition. They were: Porter Briggs, Kathy Worthen, Frank Jones and Patrick Calhoun. All of these area residents stated their opposition to the placement of commercial parking lots in a residential area. After a lengthy discussion, the Board moved to deny the application. The motion passed: 6 ayes, 0 noes, 1 absent. March 19, 1979 Item No. 9 - Ordinance Interpretation Name: Sol Alman Company By: Sam Dritch Location: 1300 E. 9th Request: That the Board of Adjustment determine whether the installation of an aluminum sweat furnace within an enclosed building is permissible in an "I" Light Industrial District. Staff Recommendation: The applicant will provide information regarding the proposed operation and its potential environmental effects at the meeting on March 19. In addition, a representative of the supplier of the equipment will make a presentation and describe the function and use of the equipment more fully. Staff makes no recommendation at this time but will be able, hopefully, to make an assessment after the presentation and discussion. Board Action: The applicant was present and stated that the company already has tentative approval from the State Pollution Control Board and the E.P.A. for installation of this device. He also presented Mr. Kelly Petit, President of the United Corporation, which manufactures the equipment proposed for installation, who presented a short motion picture depicting the equipment in operation and answered questions regarding its potential environmental impacts. After a brief discussion, the Board moved to defer the matter to the April 16 meeting to allow time for the staff to make a formal recommendation. The motion passed: 5 ayes, 0 noes, 2 absent. There being no further business, the meeting was adjourned at 3:55 P.M. MA):;L's w- - airman Secr to y