HomeMy WebLinkAboutboa_11 28 1977LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY AND MINUTE RECORD
NOVEMBER 28, 1977
2:00 P.M.
I_ Roll Call and Finding of a Quorum.
A quorum was present, being four in number.
II. Approval of the Minutes of the Previous Meeting.
Minutes of the October meeting were approved.
The following members were present at the meeting:
Robert Shell
Ray Fureigh
James Summerlin
Kirby Smith
Members absent:
M. R. Godwin
Jerry Wilcox
Samuel Anderson
Attorney present:
Riddick Riffel
November 28, 1977
Item_No. 1
File No.: Z-3184
Owner, Arkansas Orchestra Society
By Owen Lyon, Jr.
Address: 4322 County Club Blvd.
Description: Part of Block 11, Country Heights Addition
Currently Zoned: "A-1" Family District
Variance: Requests a variance from the Code of
Ordinances to allow location of a
temporary use in a residence being
that of Symphony Designer House
Present Use
of the Property: Residence
Proposed Use
of the Property: Symphony Designer House
Staff Recommendation:
This request is part of the on -going program of the Orchestra Society to
raise funds for the Symphony Orchestra.
This location, like those in preceding years, involves renovation,
decoration, and furnishing a residence which is in need of some attention.
A time period for operation in months will be specified; the conditions
of termination of use will be identified.
The staff finds no problem with the proposal and recommends approval
subject to project specifications being submitted in writing for the
record.
Board A'cti on,
There-we,re no objectors present, The applicant was present and spoke to
the Board.
The'Board voted to approve the request as submitted° The vote,
4 ayes, O'noes - 3 absent.
November 28, 1977
T+cm Mn i
File No.: Z-1471
Owner: Earl Noble
Address: 205 East 22nd Street
Description: Part of Block 419, Duvalls Addition
Currently Zoned: 9Y Apartment District
Variance: Request a variance from the screening
provisions of Section 43-21-H-b of
the Little Rock Code of Ordinances
to permit the deletion of required
screening on an existing parking
lot.
Present Use
of the Property:
Proposed Use
of the Property:
Apartment House
Same
Staff Recommendation:
This request is the result of enforcement action by the Community Services
Department, The owner of this property received setback and parking lot
location waivers from the Board in 1963 allowing construction of a two-
story, ten -unit apartment building.
The only condition placed on that approval was construction of a four -
foot brick wall as a screening wall around We parking area.
For some reason unknown to this staff, the owner was allowed to erect a
four -foot chain link fence with pickets woven into the wire. Over a
number of°years, the owner has had damage to this fence by vandals to
the extent that it was replaced entirely on one occasion, and the pickets
on several occasions.
Zoning Enforcement Staff has for some time been trying to gain compliance
without -success. The owner of the property now desires to remove himself
from the maintenance problem by eliminating the fence requirement. An
on -site inspection revealed there appears to be as much damage to the
fence by tenants as by --others. There is little or no protection on the
parking area to keep cars from striking the fence when maneuvering.
It appears that little can be done to salvage this situation as poor
design of the parking area has built in difficult situations.
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Item No. 2 Continued...
We feel that if a waiver is determined necessary by the Board, this
time, screening should be totally eliminated; however, the staff feels
screening should be maintained° The following is suggested:
1) Close the curb cut on 22nd Street.
2) Redesign the parking layout to a north, south orientation.
3) Add a second curb cut on Scott Street.
This should leave a strip of land adjacent to the street right-ofmway
which will have a side relationship to vehicles and less potential for
damage. We would then recommend that a 30-inch high masonry wall be
built in this strip.
Board Action:
There were no objectors present. The applicant was present.
The Board voted on the request as filed. The request was denied due to
failure to obtain an affirmative vote. The vote was 1 aye - 3 noes -
3 absent.
Editor's Note:
The applicant was instructed to work with staff on gaining compliance
with ordinance requirements.
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November 28, 1977
Item No. 4 - DEFERRED
File No.: Z-3167
Owner: Wayne Daniel
Address: 9202 Vanderbilt Drive
Description: Lot 138, Campus Place Subdivision
Currently Zoned: "A" One Family District
Variance: Request a -variance from the sideyard
provisions of Section 4312 of the
Little Rock Code of Ordinances to
permit completion of a structure with
a 1.5 foot encroachment.
Present Use
of the Property: Residence m under construction
Proposed Use
of the Property: Complete Residence as Started
Staff Recommendation:
This case was deferred in October due to failure of the applicant to
notify adjacent property owners -as specified by ordinance. The staff
restates its previous recommendation which was:
This request is the result of action by the Building Permit Staff.
The builder of the -house under construction, through some mis-
information or not knowing the required yard setbacks inside the
City, has started a residence on the lot.
At this time the foundation and substantial framing have been
completed. We feel that little can be done to remedy the situation.
Only two options are available rather than variance.
1. Replat the lot with the vacant lot on the north, or
2. Remove 1.5 feet from the structure,
Of these options, No. 1 appears to be unfeasible since a structure
appears to be under construction on the lot adjacent. No. 2
appears to be unfeasible at this time since substantial structure
is in place. The staff, therefore, recommends approval as filed.
Board Action:
There were no objectors present. The applicant was represented.
The Board voted to approve the request as filed. The vote, 4 ayes
0 noes m 3 absent.-
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November 28, 1977
Item No. 5 m DEFERRED
File No. Z-3177
Owner: Pulaski Motor Lodge, Inc.
Address: 4115 South University Avenue
(South -Side of Village Shopping Center)
Description: Long Legal
Currently Zoned: 'T' Commercial District
Variance: Request permission under the provisions
of Ordinance 13,080 of the Little Rock
Code to permit location of a mobile
home as a security building and residence.
Present Use
Of -the Property: Motel and Apartment Units
Proposed Use
of the Property: Remain the Same
Staff Recommendation:
This request was deferred in the October meeting due to failure of the
applicant to notify adjacent property owners as specified by ordinance°
The staff restates its previous recommendation:
This request is the result of a security problem in the rear
of the motel on sited
The owner proposes to locate a mobile home on this tract of land
which -it is felt will -stop use of the rear area by transients.
This type security building has been utilized by several businesses
in recent years; and with the conflict between City ordinances, it
was determined that the Board of Adjustment should review each
case.
The staff finds no problem with the proposal but would suggest
that:
to No additional utility service be added to the site,
that is, new meters,
2e That only one mobile home be allowed.
We would recommend approval of the application subject to these
provisions
Item No. 5 Continued...
Board Action:
There were no objectors present. -The-notices to adjacent property
owners were not mailed. The applicant was not present.
The Board.voted to_withdraw..this case from further consideration and
instructed the staff -to -advise the applicant of his options.
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November 28, 1977
Item No. 6 - DEFERRED
File No. Z-3174
Owner: Robert Deaton
Address: 1406 and 1408 Rock Street
Description: Lot 11, Block 49, Original City
Currently Zoned: "MR" Density Residential
Variance: Request a variance from the yard setback
provisions of Section 43-36 of the
Little Rock Code of Ordinances to
permit conversion of a garage to a dwelling
unite
Present Use
of the Property: Duplex
Proposed Use
of the Property: Three Units in Two Separate Buildings
Staff Recommendation:
This case was deferred in October to allow time for the staff and
applicant to pursue some alternatives suggested by the Board. The staff
will report at the meeting.
The staff recommendation of October 1977: This request is one of a type
which occurs infrequently since most usable garage structures in this
part of the City are either occupied as a residence, or they are unsuitable.
In this case the staff feels the building involved is not properly
located for occupancy as a dwelling as the adjacent house bn-the alley
fronting 14th Street backs to within 1.3 feet of this building. The
eaves of the building almost touch along the property line. We feel
that restoration of usable buildings is good for this area:but that the
problems here outweigh the benefits. The staff recommends denial.
Board Action:
There were no objectors present. The.applicant was present.
The staff reported that problems previously of concern to the staff have
been worked out, and the staff now recommends favorably.
The Board voted to approve the request as filed, The vote, 4 ayes
0 noes-- 3 absents
IF
November 28, 1977
Item No. 7 m INTERPRETATION
File No.: Z-3180
Name: McClelland Consulting Engineers
By James McClelland
Address: Northwest Corner of LaHarpe at State Street
Request: Applicant requests an interpretation of the
1E-1'" quiet business use provision relative
to types- •Qf l-aboratory uses allowed. The .
applicant proposes to locate a rater testii g
laboratory dealing with one gallon volume or
less.
Staff Recommendation:
The issue here does not deal with a specific location as such but with
all "E-l" zoned properties and the district as set forth,in the ordinance.
This operation would be a quiet operation and create little, if any,
disturbance in the area proposed, At the time "E-1" was drafted in
1958, the district was structured to provide conversion of -older, larger
homes to uses compatible with residential. The construction of the
ordinance was not definitive, and many areas are felt by the staff to be
left to excess interpretation°
The staff.has always read "E-1" as prohibiting any laboratory, except
dental or -optical. Obviously, these uses span a broad spectrum of
functions from manufacturing to retail sales, dependent on accessory
uses included. The ordinance lists the uses, dental or optical, as
follows and in this fashion: Section 43-6a(5) LABORATORY (dental or
optical)° There is no statement as to whether or not this section is
limited to these or are these examples, The staff feels that the
introduction of additional laboratory use without definite limits on
function would create some -bad land use relationships in some neighborhoods.
We would recommend against the inclusion of additional uses in this
district at this time.
Board Action:
The applicant was present and outlined his operation. After a lengthy
discussion of the proposal, the Board determined that the use as proposed
in the request is appropriate for "E-l" occupancy. However, the Board's
interpretation includes no other accessory function or testing operations.
The Board voted 4 ayes m 0 noes s 3 absent to approve the inclusion of
this use in "E-l" quiet business.
November 28, 1977
Item No. 8 --CALENDAR
Name: Calendar of Meeting Dates
Subject: Adoption of the Calendar for the Year 197$
Board Action:
The Board voted 4 ayes ® 0 noes m 3 absent to adopt the calender as
presented for the year 1978.
Item No. 9 - CLARIFICATION
Board of Adjustment consideration of establishing a specific meeting
date for the month of December as the normal date -for this month falls
on Christmas Day. Calendar as approved for the year 1977 shows optional
date of December 22.
Board Action:
The Board voted 4 ayes— 0 noes m 3 absent to set the public hearing
date in December-as-the.22nd at 2:00 p.m.
There being no further business, the meeting was adjourned.
Robert Shell, Chairman: I 1
Nathaniel Griffin, Secretary:
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