HomeMy WebLinkAboutboa_09 20 1982I. Roll Call and Finding of a Quorum.
A quorum was present, being five in number.
II. Approval of the Minutes of the Previous Meeting.
The minutes of the previous meeting were approved as
mailed out.
III. Members Present: Ellis Walton, Vice -Chairman
Marcelline Giroir
Jim Summerlin
Joe Norcross
B.L. Murphree
Members Absent: Richard Yada
George Wells
City Attorney
Present: Carolyn Witherspoon
September 20, 1982
Item No. 1 - Z-3874
Owner:
Address:
Description:
Zoned:
Variance
Requested:
Present Use of
Property:
Proposed Use of
Property:
Richardson Livestock Commission, Inc.
5400 Murray Street
Long legal
"1-2" Light Industrial
Relief under Section 3-101®C to permit
location of a mobile home for security
purposes on industrial property.
Livestock Auction
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The applicant proposes to locate a mobile home as a
residence for a security guard at the Livestock Auction.
Section 3-101-C provides the authority for the Board of
Adjustment to permit this request. Several other similar
requests have been approved in the past, and the application
meets the spirit of the ordinance. Staff recommends
approval.
The applicant failed to appear to represent his request, and
as a result the Board, following its normal policy in this
type of situation, moved to defer this application to the
September 20 Board meeting. The motion passed: 6 ayes,
0 noes and I absent.
The applicant was present and there were no objectors.
After a brief discussion in which the applicant stated that
the mobile home had been in place for several years and
operated from a meter on the Auction Center, the Board moved
to approve the application as filed. The motion passed:
5 ayes, 0 noes and 2 absent.
September 20, 1982
Item No. 2 - Z-3876
Owner:
Address:
Description:
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Clarice Nichols
308 North Walnut
Lot 4, Block 3, Glendale Addition
"R-4" Two Family
Relief from Section 7-101.4D to permit
a 31 -front yard encroachment for a
fireplace.
Present Use of
Property: Single Family Residence
Proposed Use of
Property: Same
STAFF RECOMMENDATION:
The applicant is making several additions to this residence
and one of the proposals is to locate a fireplace in the
front living area. This fireplace will encroach 31 into the
required front yard.
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 passed: 5 ayes, 0 noes
and 2 absent.
Item No. 3 - Z-3877
Description:
Present Use of
Property:
Proposed Use of
Property:
Sol H. Levy - By: R.J. Nordman
311.3 Shenandoah Valley Drive
Lot 13, Block 29
Pleasant Valley Subdivision
"R-2" Single Family
Relief from Section 7-101.2D to permit
a 41 rear yard encroachment for a
room addition.
The applicant is pro -posing to construct an 11 x 2.11 room
additi
on for use as a studio. This proposed addition will
encroach 4' into the rear yard. The rear lot line of this
property runs at an angle such that one end of the new
buildinq will be the required distance from the property
line while the other encroaches. The applicant has received
approval of his proposal from the Pleasant Valley Property
Owners Association.
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 passed: 5 ayes, 0 noes
and 2 absent.
Item No. 4 - Z-3881
Owner: Wendy's of Arkansas ® By: Bill Hastings
Address: 3923 South University
Description: Long Legal
Zoned: "C-3" General Commercial
Variance
Requested: Relief from Section 7-103.3D to permit
a 10' front yard encroachment for an
addition.
Present Use of
Property: Restaurant
Pro-oosed Use of
Property; Same
STAFF RECOMMENDATION:
The applicant is proposing to add 10' onto the front of the
restaurant and while this addition will encroach into the
front yard setback, it will still be over 1001 from
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 passed: 4 ayes, 0 noes,
2 absent and 1 abstention (Marcelline Giroir abstained).
September 20, 1982
Item No. 5 - Z-3883
Description:
Variance
Requested:
Present Use
Property:
Proposed Use of
Property:
Pulaski Heights Development Corporation
By: David Hale
SW Corner of "R" and Taylor Streets
Lots 1 and 2, Block 12
Mountain Park Addition
"C-3" General Commercial
Relief from Section 7-103.3D to permit
a 5' front yard on Taylor Street.
Vacant (Former Residential Structures)
Retail (New Construction)
The applicant proposes to construct a new retail building on
this site, aligning the structure with the shopping center
.located on the north side of "R" Street. This requires
reduction of the setback from Taylor Street to 5'. Normally
in this district, a building is required to set 25' from
both street frontages and provide a 151 rear yard. No side
yard is required where the property is adjacent to other
commercial property.
Staff feels that the applicant is trying to overbuild the
site in this case, seeking to put too much building on this
property. The proposed building and the required parking do
not permit much in the way of landscaping and the layout is
very tight.
Staff recommends that the building be reduced in size- to
45 x 110' and setback 15' from Taylor Street and 341 from
"R" Street.
BOARD ACTION:
The applicant was present, and there were no objectors. The
applicant expressed considerable displeasure with the staff
recommendation and showed photographs of neighboring
properties and their relationships with streets and property
lines. He proceeded to offer a lengthy discussion of the
issues, specifically relying upon questions of equity and
precedence that have been set in other cases in this
N
Item No. 5 - Continued
neighborhood. The discussion went on for a considerable
length of time, and the Board made a motion to approve a
minimum 151 setback in the front yard on Taylor Street with
no fixed rear yard next to the alley. It will be adjusted
to fit whatever setback is chosen from Taylor Street with
a condition that the applicant be able to obtain a franchise
from the Board of Directors for his landscaping plan as
shown to the Board. The motion Passed: 5 ayes, 0 noes and
2 absent.
September 20, 1982
Item No. 6 - Z-3884
Description:
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Present Use
Property:
Proposed Use of
Property:
Davis G. Fitzhugh
5510 Hawthorne
Lot 3, and the east 5.2' of Lot 4
Block 7, Newton Addition
"R-2" Single Family
Relief from Section 7-101.2D to 'oermit
side yards of 3' and 3.51 for two
additions.
Single Family Residence
The applicant is proposing an addition to the rear of the
house which will encroach into the west side yard to 3.5'
and he is proposing a carport addition to the east side for
which the overhang will encroach to 31. The support members
for the carport will be about 4.51 from the property 'line.
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 passed: 5 ayes, 0 noes
and 2 absent.
September 20, 1982
Item No. 7 - Z-3887
Owner:
Address:
Description:
Zoned:
1515 Market Street
Lot R-45-B, Charles Valley Subdivision
"C-4" Open Display
Relief from Section 7-103.4D to permit
a 16' rear yard for an addition.
Present Use of
Property: Commercial
Proposed Use of
Property: Same
STAFF RECOMMENDATION:
The applicant is proposing to construct a 30' x 12' addition
onto the rear of the north end of this building. This
addition will house pizza ovens for a new restaurant going
into the building. The rear of this property faces the rear
of Jim Tait's Pontiac Village.
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 passed: 5 ayes, 0 noes
and 2 absent.
Item No. 8 - Z-3777-A
Owner: Nancy Van Hoye - By: Tom Colford
Address: 3623 Hill Road
Description: N 1/2 Lot 10 and all of Lot 11, Block 5
Auten and Moss Addition
Zoned: "R-5" Urban Residence
Variance
Requested: 1. Relief from Section 7-101.7D to
permit less than 10' of separation
between structures.
2. Relief from Section 7-101.7D to
permit a 6' front yard for an
accessory building.
Property: Multifamily
Proposed Use of
Property: Same
STAFF RECOMMENDATION:
In November 1981, the Board of Adjustment approved a 9'
front yard setback for an attached garage on this property.
Since then, other considerations have forced the applicant
to consider building a detached garage. The ordinance
requires in the "R-5" district that all structures meet the
setbacks and detached structures be located at least- 101
apart.
This request is for a waiver of both requirements. Staff
had recommended denial of the earlier variance and does not
make a recommendation on this request.
The applicant was present, and there were no objectors.
After a lengthy discussion, the Board moved to deny the
application. That motion failed on a vote of 3 ayes, 2 noe
and 2 absent. Then the Board made a motion to defer the
item for one month so that the owner could provide
additional information and justification for the variance
requested. The motion passed: 5 ayes, 0 noes and 2 absenti
September 20, 1982
Item No. 9 -___Ion inj_Interpretation
PROBLEM:
Periodically, a contractor who has been working for the City
of Little Rock or is performing construction which will
result in public facilities such as water and sewer lines,
streets and drainage, etc., works in an area which is some
distance from his office or storage area. The City gets a
request from such contractor for authorization to park his
vehicles, equipment and materials on the site which is
adjacent to the work area.
The Zoning Ordinance plainly states that "Contractor Storage
Yards" must be zoned for industrial uses. Obviously, this
makes it impossible for a contractor to find a suitable
location in all parts of the City. Since his uses are
temporary in nature, it is not reasonable to seek zoning on
a piece of property in such areas. Where the contractor
must move his equipment back and forth each day to the
jobsite, this cost must be included in the overall cost of
the project. This ultimately can be expected to cost the
taxpayers more for public improvements.
STAFF RECOMMENDATION:
Paragraph 1-c of Section 3-101-C of the Zoning Ordinance
empowers the Planning Director to allow temporary buildings
for commerce or industry for periods not to exceed one year.
Staff recommends that the Board of Adjustment expand this
paragraph to include temporary storage yards under the same
criteria.
BOARD ACTION:
After a brief discussion, the Board moved to follow the
staff recommendation, interpreting Paragraph 1-c of Section
3-11-0. of the Ordinance to include the temporary storage
yards as outlined in the staff write-up above. The motion
passed: 5 ayes, 0 noes and 2 absent.
September 20, 1982
There being no further business, the meeting was adjourned
at 4:00 p—m.
Da te
Wse c r2e ;a r y
Chairman