HomeMy WebLinkAboutboa_02 23 1982City of Little Rock
Office of
Comprehensive
Planning
February 23, 1982
City Hall
Markham at Broadway
Little Rock, Arkansas 72201
371-4790
Dr. Robert Wright, Chairman
Little Rock Planning Commission
City Hall b.—
Little Rock, AR 72201
Dear Dr. Wright:
On February 22, 1982, the Little Rock Board.of Adjustment, upon
a request from the Green Tree Nursery, 9305 Rodney Parham Road,
interpreted Section 4-102H of the Zoning Ordinance such that a
structural addition is not considered an amendment or change to
a conditional use authorization, therefore not requiring further
Planning Commission and Board of Director approval.
The Board of Adjustment realizes that this is a far-reaching
interpretation which can have significant impact in future issues;
but because of the vague language and unclear reference to
"conditional use authorization" in Section 4-102H, the Board felt
obligated to rule in favor of the applicant. The Board recommends
that the Planning Commission review this section of the Ordinance
with a view towards clarifying its intent with regard to condi-
tional uses and towards differentiating between very small build-'
ing additions such as proposed by Green Tree Nursery and a larger
addition such as adding an educational wing or family life center
to a church property.
The Board of Adjustment is willing to offer suggestions on this
matter if you so desire.
Sincerely,
Richard Yada
Vice-chairman
Little Rock Board of Adjustment
CITY OF LITTLE ROCK
r-y
N
MEMORANDUM
DEPT: COMPREHENSIVE PLANNING
To: ROY BEARD
Protective Inspections Chie
FROM: JERRY SPEECE
Zoning Admini t�
SUBJECT: Green Tree u sery Building Permit -
Zoning Interpretation
DATE: February 23, 1982
FOLLOW UP:
On February 22, 1982, the Little Rock Board of Adjustment,
acting under its authority granted by Chapter 43, Section 3-101C,
of the Code of Ordinances, interpreted Section 4-102F1 of that
same Chapter 43-such that a structural addition i's not an
amendment or change to a conditional use authorization.
Therefore, the Green Tree Nursery would not be required to seek
either rezoning or a conditional use permit prior to obtaining
a building permit for the proposed structural addition onto
its existing building.-
This,interpretation is considered to apply to all structural
additions on properties upon which conditional uses are located.
In a secondary action, the Board of Adjustment did instruct
the Chairman of that body to write a letter to the Chairman
of _the Little Rock Planning Commission suggesting that an
amendment to the text of the Ordinance be considered which would
clarify the meaning or intent of'that section,of the Ordinance.
I will advise you of any further changes in this area, as they
develop.
t
i
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 43, SECTION
4--102I-I, OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS: AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS.
SECTION 1. That the text of Chapter 43, Section 4-102I-I,
of. the Code of Ordinances of the City of Little Rock,
Arkansas, be amended to read as follows:
H. CONDITIONS
Once any portion of the conditional use authorization
is utilized, all such conditions pertaining to such
authorization shall become immediately operative.
The violation of any condition so imposed shall
constitute grounds for revocation of the conditional
use authorization. Such conditions may include time
limits for exercise of the conditional use authorization;
otherivise, any exercise of such authorization must
commence within a reasonable time. No conditional
use authorized by the Planning Commission and,Board
of Directors shall be subsequently applied for a
variance to the Board of'Adjustment. Amendments or
changes as to the use authorized by the conditional
use process must follow the same -process as the original
conditional use application. Ex ansions or additions
to structures associated with existin and/or reviousl
approved conditional uses ma be a .roved without
further conditional use authorization under the followin
circumstances:
1. Said proposed expansion is limited to a structural