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HomeMy WebLinkAboutboa_05 17 1982LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY AND MINUTE RECORD May 17, 1982 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 previous meeting were approved as mailed out. III. Members Present: Richard Yada, Chairman Joe Norcross B.L. Murphree George Wells Marcelline Giroir Ellis Walton Members Absent: Jim Summerlin City Attorney Present: Bob Taylor May 17, 1982 Item No. 1 - Z-3837 Owner: Address: Description: Zoned: Variance Requested: Present Use of Property: Proposed Use of Property: Exxon Company U.S.A. By: Gerald Reeves 3500 South University Long Legal "C-4" Open Display Relief from Section 7-103.4E to permit a canopy to project to within 6.7' of the front property line. Gas Station Same STAFF RECOMMENDATION: The applicant proposes to remodel an existing gasoline service station. In doing so, he wishes to enlarge the canopy over the pump islands such that it will be 6.7' from the front property line. University Avenue has a special right hand lane along this section, and so the setback from the flow of traffic. On -site inspection shows that this canopy will line up with almost all of the signs along this section of University Avenue. Staff recommends approval. BOARD ACTION: The applicant was present, and there were no objectors. After a brief discussion, the Board moved to approve the application as filed. The motion was passed: 6 ayes, 0 noes and 1 absent. May 17, 1982 Item No. 2 - Z-2832-A Owner: Dr. Don Downs By: Dewey Buffington Address: 5619 "R" Street Description: East 40' of Lot 12, Block 12, Mountain Park Addition Zoned: "C-3" General Commercial Variance Requested: Relief from Section 7-103.3D to permit reduction of front and rear yards to 14' and 1' respectively. Present Use of Property: Vacant Proposed Use of Property: Retail Store (800 square feet) STAFF RECOMMENDATION: The applicant proposes an 800 square foot octagonal structure for this property. The 800 square foot commercial use would require two parking spaces according to ordinance. This lot, a legal lot of record created in 1950, is quite small and difficult to develop. There is a sidewalk between the alley just east of this property and Fillmore Street to the west, running along "R" Street in front of this property. Staff feels that the appropriate location for the building would be on the front of the property, having no front yard setback and placing the proposed parking to the south end of the property. This will create a more neighborhood business appearance and will tend to ensure that patrons will not be backing from the parking space directly into "R" Street. Staff recommends approval of a variance which will result in the building location stated above, and with the condition that the alley be paved along this property. BOARD ACTION: The applicant was present, and there was one objector present. The applicant made a brief presentation to the Board and stated that he was in agreement with the staff recommendation to move the building forward and to move the parking to the rear of the property. There was considerable discussion, and it was pointed out that the site plan May 17, 1982 Item No. 2 - Continued showed 18-foot parking stalls versus the 20 feet required by ordinance. There was considerable discussion of the need to obtain a variance in order to provide this size of parking space. The objector, Bill Watt, 1819 North Fillmore, an attorney representing several property owners in the block, stated that all of the owners were opposed to the variance because they saw the proposed construction to be a burden to them. He spoke primarily of traffic and parking considerations. There was a lengthy discussion of all of the issues involved. The Board moved to approve the application as per staff recommendation, allowing zero front setback from "R" Street and a 15-foot rear yard. The motion passed: 6 ayes, 0 noes and 1 absent. The Board also made a motion to have the record show that the parking stall length of 18 feet was discussed, and that the Board did not grant any variances from Section 8-101 of the Zoning Ordinance. It further wished the record to show that a 13-foot right-of-way exists between the property line where the building would be located and the curb of "R" Street. This motion passed: 6 ayes, 0 noes and 1 absent. May 17, 1982 Item No. 3 - Zoninq Interpretation Staff has been asked for permission to continue a bait shop which is located on Frazier Pike just east of College Station. This bait shop has been in operation at this location for over six years, and the property was annexed only a short time ago. When annexed, the property was zoned "AF" Agriculture and Forestry in accordance with the Zoning Ordinance. There is no specific listing for a bait shop in the permitted uses section of the ordinance. The "AF" District permits agriculture and forestry operations and staff feels that perhaps the selling of live bait would in some way fall under that category. It seems that live bait sales are almost always conducted in rural settings. While this is not specifically covered by ordinance and is certainly retail sales, staff believes that it is appropriate to have this use in the "AF" District and contained within the broad agriculture and forestry operations. Staff is asking that you either confirm this opinion or set another course. BOARD ACTION: Staff explained the circumstances under which this bait shop had been "abandoned." Staff suggested that it might be more appropriate for the Board to determine that the use of the property had not been truly abandoned, and that the hardship did exist, thereby permitting the proper privilege licenses to be issued for this bait shop as a nonconforming use rather than finding it to be an allowable use in an "AF" District. The Board made a motion stating that it found that the bait shop use had not been abandoned, and that it was still a nonconforming commercial use. That motion passed: 6 ayes, 0 noes and 1 absent. May 17, 1982 Other Action: There being no further business, the meeting was adjourned at 3:00 p.m. Date . —ll, e eta Chairman