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HomeMy WebLinkAboutboa_06 21 1982LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY AND MINUTE RECORD June 21, 1982 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. The minutes of the previous meeting were approved as mailed. III. Members Present: Member Absent: Richard Yada, Chairman Jim Summerlin B.L. Murphree Joe Norcross George Wells Ellis Walton Marcelline Giroir City Attorney: Carolyn Witherspoon June 21, 1982 Item No. 1 - Z-3850-A Owner: Ellis & Son Food Brokerage By: Gary Dean Address: 3320 Jane Street Description: Lots 5 and 8, Block 8, Intercity Addition Zoned: "I-2" Light Industrial Variance Requested: Relief from Section 7-104.2E to permit encroachments into the front and side yards leaving 25' and 5' setbacks respectively. Present Use of Property: Residential Proposed Use of Property: Refrigerated Warehouse STAFF RECOMMENDATION: The applicant intends to construct an addition onto an existing warehouse to expand his business. Lot 5 is presently zoned "R-3" Single Family and is being requested for change in separate action before the Planning Commission this month. Any approvals granted by the Board of Adjustment would be subject to zoning approval at this later date. Staff is concerned about a number of issues with regard to this case. Firstly, the owner is using property on the east side of Jane Street for a parking lot which is not zoned for such use. In addition, the parking lot is not paved in accordance with ordinance. Staff also feels that given the circumstances a replat of the entire property is appropriate and should be required as a condition of approval. This would serve to dedicate the necessary right-of-way for Mabelvale Pike. Staff recommends approval with the following condition: 1. That the property currently being used for a parking lot be filed for rezoning to "I-2." June 21, 1982 Item No. 1 - Continued 2. That upon approval of the zoning, said parking area be paved in accordance with ordinance. 3. That all property within Block 8 which is owned by Ellis & Son be replatted into a single tract dedicating the proper rights -of -way for Mabelvale Pike and all other abutting streets. BOARD ACTION: The applicant was present, and there were no objectors. The applicant stated that he wished to amend his request to change the desired setback on the north side of the building to zero feet keeping the same 25' setback from Jane Street and 5' setback from the south property line. The staff indicated that there was no difficulty in this amended request and recommended the approval with the same conditions as stated in the recommendation earlier. After considerable discussion, the Board moved to approve the amended request with the conditions as stated in the staff recommendation, except that another form of dedication of rights -of -way will replace the requirement to plat the property into a single tract. In connection with this approval, the applicant stated that he would remove the parking from the properties indicated east of Jane Street until such time that zoning action and the proper paving could be applied. Under those conditions, the Board voted to approve the motion: 6 ayes, 0 noes and 1 absent. June 21, 1982 Item No. 2 - Z-3852 Owner: Thedore Berry Address: 2504 Allis Street Description: Long Legal Zoned: "R-3" Single Family Variance Requested: Relief from Section 7-101.3D to permit reduction of one side yard to zero feet for the construction of an open carport. Present Use of Property: Single Family Proposed Use of Property: Single Family STAFF RECOMMENDATION: The applicant is requesting permission to construct an open carport along the side of his house over an existing driveway. To do so, he is asking to have no setback from the side property line to the south of the house. The proposed structure would be 14 x 20'. Staff recommends approval with a requirement that guttering be provided along the south edge of the carport to prevent water from dripping along the property line and that the condition be set that no future enclosure of the carport be permitted. BOARD ACTION: The applicant failed to appear. The matter was deferred to the July 19 meeting on a vote of 6 ayes, 0 noes and 1 absent. June 21, 1982 Item No. 3 - Z-3853 Owner: W.C. McMinn By: Frank Whitmore Address: 2503 Gaines Street Description: Lot 1, and the north 12' of Lot 2, Block 1, Kimball's South Park Addition Zoned: "C-3" General Commercial variance Requested: Relief from Section 7-103.3D to permit continuation of an existing 4' side yard setback next to a residential use. Present Use of Property: Restaurant Proposed Use of Property: Restaurant expanded STAFF RECOMMENDATION: The applicant plans to expand his existing restaurant and in order to accommodate parking requirements and ease of construction, he is requesting that the addition be allowed to maintain the existing side yard setback. If the property to the south were used for nonresidential purposes, no setback would be required. However, it is used for a residence and a 15' setback is required. There is an existing screening fence along the south property line. Staff recommends approval. BOARD ACTION: The applicant was present, and there were no objectors. Walter Wilkins, 2505 Gaines Street, appeared to ask a few questions. Upon gaining his answers, he stated that he had no objection to the request. After a brief discussion, the Board moved to approve the application as filed. The motion passed: 6 ayes, 0 noes and 1 absent. June 21, 1982 Item No. 4 - Flood Hazard Ordinance Variances You have received previously information concerning two requests for variance from the provisions of the Little Rock Flood Hazard Ordinance. The applicants and persons from the City Engineering Department will be present to discuss these issues. BOARD ACTION: Mike Batie, Senior Civil Engineer, Public Works Department; Mike Dooley, Office of Comprehensive Planning; and Conrad Battreal, with the U.S. Corps of Engineers, were present. In addition, Herby Branscum, an attorney representing Bernard Henry, Lando Patton and Levi Patton was present along with Mr. Henry and Levi Patton. There was a presentation by Mike Batie discussing the history of the two requests for variance from the Flood Hazard Ordinance. The first issue on property located at 35th and Mabelvale Pike dealing with 3.71 acres owned by Mr. Henry and Lando Patton was discussed at length. Finally, a motion was made by the Board to deny the variance requested on this property. That motion passed: 6 ayes, 0 noes and 1 absent. On the second issue, 4.4 acres located on Rushing Circle at Rock Creek owned by Levi Patton. Mr. Branscum asked that the matter be deferred so that the City could furnish him with information relative to the present location of the floodway line. Mike Batie stated that this same information had been provided to the applicant both in the form of verbal presentation and by Engineering stakes applied to the line on the property. Mr. Branscum said that the information should be placed on a plat. Until such time as all of this was clear, he requested deferral. Owing to some confusion, the Board moved to defer the matter to August 16 on a vote of 6 ayes, 0 noes and 1 absent. June 21, 1982 Other Action: There being no further business, the meeting was adjourned at 3:10 p.m. Date �� y Chairman