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HomeMy WebLinkAboutboa_04 19 1982LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY AND MINUTE RECORD APRIL 19, 1982 2 :00 P.M. I. Roll Call and Finding of a Quorum. All members of the Board were in attendance. A Quorum was present. II. Approval of the Minutes of the Previous Meeting. The Minutes of the meeting were approved as mailed by a vote of 7-0. III. Members Present: Richard Yada Ellis Walton Marcelline Giroir James Summerlin George Wells Joe Norcross B.L. Murphree Members Absent: None City Attorney: Not in Attendance April 19, 1982 Item No. 1 - Z-3818 Owner: E-Z Mart - by Jim Huff Address: 1624 South University Avenue Description: Lots 4, 5 and 6, Cox Subdivision of Taylor and Bodemann's Addition Zoned: "C-3" General Commercial Variance Requested: Relief from Section 7-103.3D1 to permit a canopy within 1.8 feet of the property line Present Use of Property: Convenience food store Proposed Use of Property: Same STAFF RECOMMENDATION: The applicant proposes to construct a new canopy over both the existing pump island and a new pump island being installed on the property. The proposed canopy would be located 1.8 feet from the front property line and about 15 feet from the curb line on University Avenue. The height of the canopy proposed is 14 feet. Staff has supported several canopy encroachments in the past, but has limited that support to those encroachments which remained 15 feet from the property line. In this case, the existing pump island was approved about four years ago according to the applicant, apparently ignoring the proximity of the right-of-way. The deed which the applicant holds shows ownership of an additional 10 feet of land in accordance with the original platting. On -site inspection reveals that people must apparently have to park in the right-of-way in order to fill their tanks in the existing pump island, at least on the east side of the island. Staff regrets that this situation exists and would like to see abandonment of the existing island in favor of the new island, rather than merely the addition of the second island. A reasonably placed canopy could then span from the building out over the island with plenty of setback from University Avenue. This alternative is not likely feasible at this time because of economic considerations, but Staff cannot support any other course. Staff recommends denial. April 19, 1982 Item No. 1 - Continued BOARD ACTION: (3-15-82) The applicant was present, and there were no objectors. There was a lengthy discussion of the proposal, and it was decided that more information was needed, both as to the owner's position on a possible compromise and as to documentation of the existing right-of-way to solve the conflict apparent between what the owner of the property believes is his property and what is shown as right-of-way. In order to accommodate these additional inquiries, the Board moved to defer this application to the April 19th Board of Adjustment meeting. The motion passed - 7 ayes, 0 noes, and 0 absent. STAFF FOLLOW-UP: As requested by the Board of Adjustment, Staff has obtained further information on the right-of-way issue raised at the last meeting. Buster Riley, Real Estate Officer for the City of Little Rock, has confirmed that the City acquired a ten -foot right-of-way deed from the three lots in question in this application. Therefore, it is confirmed that the people who now use the outside pump island along South University are parked in the public right-of-way while pumping gas. The proposal would put the canopy within 1.8 feet of the actual property line as it now exists on this property. Staff is still opposed to the proposal as it now stands and would still support the canopy setback 15 feet from the right-of-way, and now believes that it is appropriate to establish some kind of control device to prohibit operators from being able to park in the right-of-way while pumping gas at this location. BOARD ACTION: The Board voted to withhold this item indefinitely inasmuch as the applicant was not present and has apparently exercised another option, that is, erection of a canopy over the pump island which does not require a variance. The Board determined that if the applicant desired to pursue this matter further that he should refile the request. The vote - 7 ayes, 0 noes. April 19, 1982 Item No. 2 - Z-3819-A Owner: Peggy and Jack McDowell By: Jim Harney Address: N.E. Corner of Cedar and Oakwood Drive Description: Lot 7, Block 2, Oakwood Place Addition Zoned: "R-3" Single Family Variance Requested: Relief from Section 7-101.7D to permit a 15-foot front yard and an 18-foot rear yard for construction of a triplex. Present Use of Property: Vacant Proposed Use of Property: Multifamily STAFF RECOMMENDATION: This property is presently zoned "R-3" Single Family, and the applicant is pursuing "R-5" Urban Residence zoning for the purpose of constructing a triplex on this property. The lot, a leftover parcel from the Oakwood Place Addition, is owned by the resident to the east. The applicant proposes to purchase the property if the zoning application is successful. The Board of Adjustment case is predicated upon a successful zoning application. The lot is narrow and oddly shaped. Even a single family house of the type within the remainder of this neighborhood would require the same variance. The 15-foot front yard setback is compatible with the other structures along Oakwood Drive. The property to the rear of this lot is used for a parking lot, so no adverse structural relationships will exist if this variance is approved. Staff feels the proposed use of the property is reasonable and supports this application. Staff recommends approval. April 19, 1982 Item No. 2 - Continued BOARD ACTION: At the request of the applicant, the Board of Adjustment voted to withdraw the application from further consideration. The vote - 7 ayes, 0 noes. Note: There were several persons in attendance to observe the action taken but no comment was received by the Board. April 19, 1982 Item No. 3 - Z-3824 Owner: Phillip and Diane Carroll Address: 2424 North Fillmore Description: Lot 12 and the North 35 Feet of Lot 11, Block 31, Parkview Addition Zoned: "R-2" Single Family Variance Requested: Relief from Section 7-101.2D to permit construction of a carport with no setback from the side lot line. Present Use of Property: Single Family Proposed Use of Property: Same STAFF RECOMMENDATION: This applicant proposes to construct a carport over an existing driveway. The area is confined by two large trees which define the area available for use. Staff sees no harmful impact if this request is approved. Staff recommends approval as shown on the graphic attached, assuming retention of the existing trees. BOARD ACTION: There were no objectors present. The owner was in attendance and identified a discrepancy in the Staff Report and sketch. She stated that her request is for a double carport, and that it will remove several large bushes and shrubbery along the "W" Street side. The staff stated that even a larger structure did not change staff opinion or the recommendation as written. For the record, staff will change the graphic and the record to indicate the correct proposal. After a brief informational discussion, the Board voted to approve the request for a double carport as reflected on the graphic presented by the owner. A copy of this graphic is contained within the file. The vote - 7 ayes, 0 noes. April 19, 1982 Item No. 4 - Z-3825 Owner: C.E. Martin Address: Lot 6, Mabelvale Industrial Park Description: Lot 6, Mabelvale Industrial Park Zoned: "I-2" Light Industrial Variance Requested: Relief from Section 8-101 to permit a gravel storage area for out -of -service vehicles and to reduce required parking spaces from 18 to 7. Present Use of Property: Vacant Proposed Use of Property: Trucking Company (Independent) STAFF RECOMMENDATION: The applicant is owner of an independent trucking company which owns three trucks. This proposed building will provide a maintenance facility. He proposes to pave the vehicular use area and to provide 7 parking stalls for his employees. He is requesting permission to provide gravel parking areas as shown for out -of -service trailers and for a reduction in the required parking spaces from 18 to 7. Staff feels that the request is reasonable, in that this area is subject to some drainage problems which can be compounded by impervious surfaces. Gravel will permit better absorption of water during rainy weather. Staff recommends approval. BOARD ACTION: There were no objectors present. A brief discussion was held with the result being a unanimous vote of approval as filed. The vote - 7 ayes, 0 noes. April 19, 1982 Item No. 5 - Z-3827 Owner: Hendrix College By: George Anderson Address: Northwest corner of Fair Park and West 12th Street Description: Lots 10, 11 and 12, Block 1, Peay and Worthen Addition Zoned: "C-4" Open Display Variance Requested: Relief from Section 7-103.4E to permit reduction of both exterior yards for a canopy and reduction of the interior side yard for a building addition. Present Use of Property: Service Station (Vacant) Proposed Use of Property: Service Station STAFF RECOMMENDATION: The applicant is planning to reopen this gas station. As a part of his proposal, he is going to remove the two existing pump islands and replace them with an island located below the proposed canopy. Further, he is planning to extend the existing building to the west to provide an additional working bay. This extension will require a 5-foot encroachment into the required interior side yard. The canopy proposed for the site would normally be required to provide a 45-foot setback from both street frontages. Staff recommends approval of the reductions in both exterior yards to a maximum reduction to 20 feet each, and a reduction of the interior side yard to 10 feet. As a condition of approval, staff recommends that the two curb cuts nearest the intersection be closed. BOARD ACTION: There were no objectors present. The applicant was present and provided the Board with clarification of his proposal. After a brief discussion, the Board voted to approve the application with the following conditions: 1. The closure of both corner curb cuts and the adjustment of the remaining cuts to allow proper alignment for the gas island. The cuts are to be restricted to the maximum allowed by Ordinance. April 19, 1982 Item No. 5 - Continued 2. The canopy over the new pump island may not be used except as its intended purpose and may not be closed and utilized for any other purpose. The vote - 7 ayes, 0 noes. April 19, 1982 Item No. 6 - Z-3828 Owner: Address: Description: Zoned: Variance Requested: Present Use of Property: Proposed Use of Property: Evelyn Stover By: Fred Ulmer 7800 Leawood Boulevard Lot 46, Leawood Heights First Addition "R-2" Single Family Relief from Section 7-101.2D to permit construction of a garage to within one foot of the side lot line. Single Family Same STAFF RECOMMENDATION: The applicant proposes to construct a new garage which will encroach into a platted easement and be located one foot off the side property line. The applicant is obtaining letters from the various utility companies regarding use of the easement, and any action by the Board of Adjustment will be contingent upon those approvals. On -site inspection of this property suggests that the proposed wall alignment will prove too crowded next to the neighboring property to the north, particularly in view of the fact that this is an enclosed garage rather than an open carport. Staff can support the alternative wall alignment suggested by the architect. Staff recommends approval of the alternative wall location three feet from the property line at its closest point. BOARD ACTION: There were no objectors present. The applicant was in attendance and provided clarification of the request. He stated that the owner was not sure whether a carport or a garage would be constructed. In the absence of a firm choice by the owner, the Board and staff determined that the wall alternative was appropriate. The Board voted unanimously to approve the application subject to: April 19, 1982 Item No. 6 - Continued 1. The wall alternative, that is, the angular wall, not the one paralleling the lot line. 2. The line indicated on the plan to be the eave line of construction regardless of whether a carport or a garage is constructed. 3. The nearest point of the structure to the lot line is to be limited to three feet. 4. The utility easement users are to authorize intrusion into the easement in writing for the Building Permits office when filing for the building permit. April 19, 1982 Item No. 7 - Z-3834 Owner: Address: Description: Zoned: Variance Requested: Present Use of Property: Proposed Use of Property: Taylor L. Smith 55 Dartmouth Drive Lot 144, Kensington Place Addition "R-2" Single Family Relief from Section 7-101.2D to permit a 15-foot encroachment into the rear yard for an addition. Single Family Same STAFF RECOMMENDATION: The applicant proposes to construct an addition onto his existing residence as shown. His original idea was to enclose the garage. However, he learned that garage enclosures are prohibited by the Bill of Assurance in this subdivision. The configuration of the existing structure and driveway precludes virtually any other option for expansion. There is no conflicting structural relationship with any abutting property. Staff recommends approval. BOARD ACTION: There were no objectors present. The owner was present. After a brief discussion, the Board voted to approve the request as filed. The vote - 7 ayes, 0 noes. April 19, 1982 Item No. 8 - Z-3835 Owner: Hiegel Aviation By: Bob Lowe Address: East 12th Street and Apperson Street at the Little Rock Airport Description: Long Legal Zoned: 11I-2" Light Industrial Variance Requested: Relief from Section 7-104.2E to permit a 10-foot encroachment into a required side yard for an addition. Present Use of Property: Aviation Service Proposed Use of Property: Same STAFF RECOMMENDATION: This business sits on the Little Rock Airport property and is connected with airport operations. A high chain link fence surrounds all of the Airport property, and most of the buildings in this area are constructed on the exterior property lines to maximize the internal ramp and taxiway areas for aircraft operations. There is a significant setback between the fence and the street along this property. Staff recommends approval of a five-foot setback for both this and a proposed but as yet unspecified addition with respect to the 12th Street side only. The recommendation is to be construed as to pertain to the newly created wall alignment indicated on the graphic. BOARD ACTION: There were no objectors present although several persons representing the neighborhood were in attendance. A letter was filed requesting withdrawal from further consideration. The letter indicated that the owner of this property and the hanger user would attempt a redesign of the structure to avoid a variance. The Board voted to withdraw the request by a vote of 7 ayes, 0 noes. April 19, 1982 There being no further business, the Board adjoined at 2 :55 p.m. Date: �r Chairman ec eta