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HomeMy WebLinkAboutboa_08 18 1975MINUTES OF LITTLE ROCK BOARD OF ADJUSTMENT MEETING AUGUST 18, 1975 There was a quorum present --and minutes of the previous meeting were approved. Members present: William L. Moore Samuel W. Anderson S. Spencer Compton Riddick Riffel - City Attorney Members absent: M. R. Godwin Robert Shell 8-75 Item No. 1 - NEW MATTERS Case Number: Z-2940 Applicant: A-1 Ambulance Service, Inc. Location: 3819 West 8th Description: Long legal Present Classification: "E-l" Quiet Business District Variance: Requests a variance from the screening provisions of Sec. 43-22 of the Code of Ordinances to permit deletion of screening requirement on south property line BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO DENY THE VARIANCE AS REQUESTED.(3 ayes - 0 noes - 2 absent) Staff Recommendation: This application located at the southeast corner of South Pine at 8th Street is a request to delete the 4 ft. screening required on the south property line separating this "E-1" use from the adjacent residential property. The staff feels compliance with this ordinance requirement would not create an undue hardship on the applicant. We see the principal objective of this section of the ordinance to be the maintenance of a headlight barrier protecting residentially zoned properties from the glare of auto lights. In this particular case, we are of the opinion that due to the nature of this use; the fact that it is vehicle oriented and operates throughout the night; that it would be inconsistent with the intent of the ordinance to allow this waiver. We therefore recommend denial of the application. We further note, that in the review of this request, the staff revealed the owner of subject property has failed to comply with the landscaping ordinance of the city. We m to that those improve- ments must be provided as required. Mr. Dave Crouse represented the applicant. He pointed out traffic problems such as street direction and access. Mr. Finch stated the city would not restrict access to the alley although there might be some question concerning Pine Street due to the fact that it is controlled access owned by the state. Mr. M. W. Kaye was present in objection to the deletion of the required screening. Mr. Compton asked if the applicant could take access off any point of the alley. Mr. Finch stated that legally - 1 - 8-75 (Z-2940) he could place his access point anywhere along the alley although it would be subject to Planning and Traffic Dept. review. Mr. Compton made the motion to deny the application. - 2 - 8-75 Item No. 2 Case Number: Applicant: Location: Description: Present Classification: Z-1090-A Arkansas Enterprise for the Blind by Stanley Price 2800 Block - Fair Park Boulevard Long legal "B" Residence District Variance: Requests a variance from the use provisions of Sec. 43-3 of the Code of Ord. to permit addition to non- conforming use BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE BUILDING VARIANCE BUT TO DEFER THE PARKING ISSUE TO THE SEPTEMBER MEETING. (3 ayes - 0 noes - 2 absent) Staff Recommendation: The Board of Adjustment on August 21, 1967 approved a variance to permit more than one structure on subject property. At that time, a development plan was filed showing the location of structures. While this addi- tion does not increase the yard setback encroachments approved in said plan, the structure as it exists is nonconforming and additions must be reviewed by this Board. In addition, the proposed construction will be located in an area presently occupied by 14 parking spaces, and the applicant requests permission to provide instead a parking area of 19 spaces on a residentially zoned parcel to the southeast of subject property. The staff would recommend approval of the addition and the proposed parking area as requested provided a detailed land- scape and screening plan is prepared for the new parking area. Such plan should lessen the impact of this use on surrounding property. Mr. Stanley Price was present representing the applicant. He stated the school had outgrown its available space and the addition would allow the expansion of existing facilities but would not increase the number of trainees or employees. - 3 - 8-75 (Z-1090-A) There were several objectors present, including Ms. N.P. Elliot, Ms. B.S. Clark, Ms. J. E. Ward, Ms. Floyce Stanton, Mr. Nelson Gary, Jr. and Mr. Clyde VanPlete. They raised issues such as parking, traffic, light, odor, rats, sewage and number of employees. Mr. Compton asked for a list of employees, whether they were sighted or unsighted, how they commuted to work and if they were trainees or not. Mr. Roy Rumpe from Ark. Enterprise for the Blind agreed to provide the information. Mr. Compton said he thought the saturation point had been reached as far as building additions were concerned after this proposal. Mr. Anderson made the motion to get the building started but to defer action on the parking to the September meeting for the applicant and staff to work out a plan. It was discuss with the applicant that if Ark. Enterprise for the Blind was not willing to do whatever was necessary and required by the Board to solve the parking problem, then they should not take advantage of this "building" variance prior to solving the other problem. This was agreed to and understood by the appli- cant. - 4 - 8-75 Item No. 3 Case Number: Applicant: Location: Legal Description: Present Classification: Z-2641-A Mark 4000 Motel, Inc. by Lynn Nilson 108 South Pine Street Lot 3, Block 3, Plateau Addition "C" Two-family District Variance: Requests permission under the provisions of Sec. 43-22 (4)(D) of the Code of Ordinances to permit parking lot in residential zone BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO DENY THE APPLICATION. (3 ayes - 0 noes - 2 absent) Staff Recommendation: This variance request is a renewal of an issue which has been reviewed by the Board of Adjustment and Planning Commission on several occasions. The variance request first submitted was the result of a zoning violation investigation. The owner of the motel adjacent on the west had committed this lot to his development without proper zoning. The owner filed a Board of Adjustment parking variance request for a hearing on Oct. 16, 1972, at which time the Board denied the request. The owner then attempted to obtain rezoning on subject property. This request was denied on Dec. 7, 1972. The owner had during this appeals process paved the lot and attempted to place it in use. The city barricaded the lot and prohibited its further use until some approval was obtained. The third and last action of the owner was an appeal to the Board of Adjustment to rehear the October '72 request. The Board denied this request in Oct. 1973. The staff's position as in past issues on this lot is that until some use other than residential is made of the lot adjacent on the north, this pro- posed use would adversely affect the block. The staff there- fore recommends denial of the request. Ms. Lynn Nilson was present representing the applicant. She gave a brief history of the lot in question, noting a letter from the city stating the applicant could pave the lot. Mr. Finch stated the city could not prevent her from paving the lot, but when she - 5 - 8-75 (Z-2641-A) started using it for parking, it was in violation, and that this was the context of said letter. There were three objectors present; Mrs. T. Polychron, Ms. Lilly R. Lynn and Ms. Wanda Fleming. They discussed issues concerning noise, traffic, lights, and the value of adjacent property. Mr. Anderson asked if the applicait had made an offer of purchase on the lot to the north. Mrs. Polychron stated she had not been approached with an offer but that it might be negotiated. She had made a similar offer to the appli- cant which was rejected. Mr. Anderson reiterated the staff's recommendation which stated "until some use other than residential is made of the lot adjacent to the north, this proposal would adversely affect the block". He made the motion to deny the request. There being no further business, the meeting was adjourned at 3:50 p.m. James A. Finch, Secretary 4';m pore 1. an