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HomeMy WebLinkAboutboa_11 17 1975MINUTES OF LITTLE ROCK BOARD OF ADJUSTMENT MEETING NOVEMBER 17 1975 2!00 P.M. There was a quorum present and the minutes of the previous meeting were approved. Members present: M. R. Godwin S. Spencer Compton Robert Shell B. H. McCoy, City Attorney Members absent: Samuel W. Anderson William L. Moore 11-17-75 Item No. 1 - NEW MATTERS Case Number: Applicant: Location: Description: Present Classification: Z-2963 B. G. Adams by W. J. Walker 8111 West 44th Street Long legal "F" Commercial District Variance: Request permission under the provisions of Sec. 43-22 (4)(k) of the Code of Ordinances to permit a warehouse of a retail nature BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUESTED VARIANCE AS RECOMMENDED BY THE STAFF AND THAT THE SCREENING AT THE NORTHWEST CORNER OF THE TRACT BE MINIMUM OF 6 FT. IN HEIGHT AND TIE THE TWO STRUCTURES TOGETHER. (3 ayes - 0 noes - 2 absent) Staff Recommendation: This request is to allow storage of a retail nature in an "F" Commercial zone. The property in question will be utilized as a lumber storage yard and will be combined with adjacent property to the east on which said use exists. The staff recommends approval of this application as this use is oriented to interior court yards with commercial development to the east and west. We further recommend that no access be provided on 44th St. and that a screening wall be provided between structures to act as a visual barrier from 44th Street. There were no objectors present. There was one interested person representing the Church of Christ (R.C. Kirkland). The church expressed an interest in the type of screening to be provided along West 44th Street. - 1 - I I - 1 -75 11-17-75 Item No. 2 - NEW MATTERS Case Number: Applicant: Location: Description: Present Classification: Z-2964 R. C. Limerick 610 Rock Street E 75 ft. of Lots 10, 11 and 12, Block 41, Original City "HR" High Density Residential Variance: Request a conditional use permit be granted under Sec. 43-42 (2) of the Code of Ordinances to permit the expansion of an exist- ing nonconforming use BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST AS RECOMMENDED BY THE STAFF. (3 ayes - 0 noes - 2 absent) Staff Recommendation: The staff recommends approval of the requested addition as we feel the expansion of this non- conforming use would not have a harmful effect on the area. Many office uses are relocating and expanding in the down- town area, bringing about a healthy move towards the revitalization of the central business district. We do however feel there is a need to preserve as many of the natural amenities as are remaining in this once resi- dential area and request that the Board require the reten- tion of the tree at the northeast corner of the block. There were no objectors present. - 2 - I I - l-?-75 11-17-75 Item No. 3 - NEW MATTERS Case Number: Applicant: Location: Description: Present Classification: Z-2966 Old Town Properties by Charles Galloway 308 East 8th Street E 70 ft. of Lots 4, 5 and 6, Block 42, Original City "HR" High Density Residential Variance: Requests a conditional use permit be granted under Sec. 43-37of the Code of Ord, to permit office use in a high density residential zone Requests a variance from the park- ing provisions of Sec, 43-35 (2)(J) of the Code of Ord, to permit less than the required number of spaces BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST BUT ADDED A REQUIREMENT THAT AT LEAST 3 PARKING SPACES BE MARKED FOR VISITORS (PUBLIC) PARKING ONLY. A TRIAL PARKING SURFACE WAS APPROVED SUBJECT TO STAFF DETERMINATION THAT IT REMAIN ADEQUATE FOR THAT USE. (3 ayes - 0 noes - 2 absent) Staff Recommendation: The staff recommends approval of this conditional use permit as we feel this location is appro- priate for an office use. We also recommend approval of the deletion of 2 of the required 12 parking spaces as the owner wishes to preserve all of the trees on the lot, and we feel there is sufficient off-street parking available in the area. There were no objectors present. - 3 - 11-17-75 Item No. 4 - NEW MATTERS Case Number: Applicant: Location: Description: Present Classification: Z-2967 Ms. Christina Spear by Marvin Fletcher 1816 North Jackson Street Lot 29 and N 12.5 ft. of Lot 28, Shadowlawn Addition "A" One -family District Variance: Requests a variance from the height provisions of Sec. 43 of the Code of Ord. to permit fence to be erected in excess Q,f the 6 ft. allowable (8+) BOARD OF ADJUSTMENT ACTION: THE APPLICANT WAS NOT PRESENT AS REQUIRED AND A MOTION WAS MADE TO DEAL WITH THE REQUEST ALTHOUGH THE BY-LAWS REQUIRE DEFERRAL. THIS MOTION WAS PASSED. (3 ayes - 0 noes - 2 absent) A MOTION WAS MADE FOR APPROVAL OF THE REQUEST AND WAS PASSED. (3 ayes - 0 noes - 2 absent) Staff Recommendation: The staff recommends approval of this request as we feel an 8 ft. fence should not be objection- able to adjacent properties while at the time serving as a visual barrier from the commercial parking area to the west. There were no objectors present. - 4 - 11-17-75 Item No. 5 - NEW MATTERS Case Number: Applicant: Location: Description: Present Classification: Z-2968 Frank Pace 5008 Western Hills Boulevard Lot 12, Block 6, Westwood Addition "A" One -family District Variance: Requests a variance from the fence height provisions of Sec. 43 of the Code of Ord. to permit height of fence to exceed 4 ft. allowable (5'2" +) BOARD OF ADJUSTMENT ACTION: APPLICANT NOT PRESENT IN THIS CASE EITHER. BOARD DECIDED TO DEAL WITH AS ON ITEM A. THE BOARD VOTED TO APPROVE THE REQUEST. (3 ayes - 0 noes - 2 absent) Staff Recommendation: This request is for the retention of a 512" stone and wood fence which was constructed by the owner in his front yard setback where the allowable fence height is 4 ft. The staff recommends approval of this application as we feel the size of these lots and the amount of setback provided create sufficient open space so that the fence in question has negligible effect on adjacent property. There were no objectors present. - 5 - I I - 1-? --7 11-17-75 Item No. 6 - NEW TLkTTERS Case Number: Applicant: Location: Description: Present Classification: Z-2382-D Woodson Road Properties by Jim Van Hook 6700 Woodson Road Lot 1, James C. Menifee Addition "I" Light Industrial and "A" One -family District Variance: Requests a variance from the use provisions of Sec. 43-22 (D) of the Code of Ord. to permit access and loading in a resi- dential zone Requests relief from previous Board of Adjustment action BOARD OF ADJUSTMENT ACTION: REQUEST FOR THE VARIANCE OF THE ACCESS TO WOODSON ROAD BE GRANTED. WAIVER BE GRANTED WHICH WOULD PERMIT THE PARKING OF AUTOMOBILES IN THE WESTERNMOST 200 FT. OF THE "A" PROPERTY WHEN AND IF THE FUTURE BUILDING IN ESSENTIALLY THE SAME CONFIGURATION A& SHOWN ON -THIS DEVELOPMENT PLAN IS CONSTRUCTED. IN OTHER WORDS, IF YOU DON'T BUILD THE BUILDING THERE, YOU CAN NOT HAVE THE AUTOMOBILE PARKING. OTHERWISE, YOU COULD START HAVING TRUCKS WHERE THE BUILDING IS SHOWN NOW AND WE WOULD DESTROY WHAT WE ARE TRYING TO ACCOMPLISH. ALL 3 OF THE a,b,c RESTRICTIONS BE MADE A PART OF THE WAIVER BUT THAT THE "d" RESTRICTION AGAINST ACCESS TO WOODSON ROAD BE DELETED. (3 ayes - 0 noes - 2 absent) Staff Recommendation: Subject property is the S'k of a larger parcel which on Sept. 1970 was rezoned to "F" Commercial on the north 1/2 and "D" Apt. on this, the south 1/2. In March 1973, the property was subdivided with the intention of developing the 2 tracts separately. At the same time, the north 1/2 was reclassified "I" Light Industrial. The apart- ment proposal on subject property ran into problems, and in Oct. 1973 was rezoned "I" Light Industrial with the south 50 ft. being dezoned to "A" One -family as a buffer. The owner, wish- ing to recombine both tracts for an office -warehouse park, applied in Nov. 1973 to the Board of Adj. to obtain permission to utilize the 50 ft. strip of "A" zoned property for access, - 6 - 11-17-75 - Item No. 6 - Z-2382-D Continued) parking and drives. This request was approved subject to: (a) the 50 ft. strip of land under consideration was not rezoned with the remainder of the tract in an effort to retain the natural growth as a screen against the resi- dential properties to the south. If this area is to be used for parking, a survey locating all trees within this area larger than 6 in. in diameter should be provided and the parking and drives should be so arranged as to retain all of those trees. (b) Applicant to provide the staff with a detailed site develop- ment plan showing the area of office and warehouse uses, and dimensions of all parking areas and stalls. All drives, turning radii, etc. to meet Industrial Subdivision regulations. (c) All parking and drive areas to be paved and landscaped as required by the zoning ordinance. A 6 ft. opaque wooden or masonry screen is to be installed and maintained where parking and drive areas abut residential zoned properties. (d) No access to Woodson Road to be permitted. At this time, the applicant wishes to again separate the 2 tracts. This application is a request to utilize the 50 ft. "A" zoned strip for drives, access parking and loading. The staff feels the issues have changed since the first variance. The buildings are now proposed to run east to west with orientation toward Woodson Rd. rather than 65th Street and the 50 ft. buffer strip is requested to be used for access and the loading of trucks rather than automobiles. We feel that little or no consideration has been given in this proposal to the resi- dential subdivision to the south. The staff recommends that the 50 ft. strip in question remain as is or the applicant study this situation and revise his plans to eliminate truck traffic in this strip or find some other means of buffering to effectively alleviate sight and noise problems. - 7 - 11-17-75 Item No. 7 - NEW MATTERS Case Number: Z-2969 Applicant: Wright Maybry Properties Location: 1700 South Center Street Description: Lot 12, Block 190, Ori.gina1 City Present Classification: "D" Apartment District Variance: Requests a variance from the front yard provisions of Sec. 43-13 (4) of the Code of Ord. to permit structure in front yard setback BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THE REQUEST. (3 ayes - 0 noes - 2 absent) _ _ Staff Recommendation: This request is for the construction of a pool in the front yard setback. The staff recommends approval of this application, as the visability from the street is obscured due to the site being elevated + 7 ft. above the grade of the sidewalk. We would however recommend that the Board make, as a part of any variance approval, a condition that no enclosure be located over the pool area. There were no objectors present. 11-17-75 Item No. 8 - NEW MATTERS Case Number: Applicant: Location: Description: Present Classification: Z-2958-A Rector -Phillips -Morse, Inc. by Staunton Brown 2001 Jennifer Drive Long legal "A" One -family District Variance: Requests permission under the provisions of Sec. 43-22(4) of the Code of Ord. to permit a community recreation center BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THIS REQUEST SUBJECT TO THE STAFF APPROVAL OF A SITE DEVELOPMENT PLAN SHOWING PARKING, SCREENING, LANDSCAPING, ETC. (3 ayes - 0 noes - 2 absent) Staff Recommendation: Due to zoning ordinance amendments made by the Board of Directors to the "C" Two-family zoning classification on Tuesday, November 4, 1975, this issue was withdrawn by the Planning Commission and forwarded to the Board of Adjustment. The staff recommends approval of the proposed use subject to the applicant and staff working out problems related to parking lot layout, landscaping and screening. Utilizing the existing blind corner, screening, landscaping and park- ing lot ordinances to insure adequate separation or buffer for those residential lots in the area. There were no objectors present. - 9 - 11-17-75 Item No. 9 - NEW MATTERS Case Number: Applicant: Location: Description: Z-2970 Mr. R. D. Massery 1206 South Taylor Street Lots 1, 2 and 3, Block 4, Oak Forest Addition. Present Classification: "C" Two-family and "A" One -family District Variance: Requests permission under the provisions of Sec. 43-22(4) of the Code of Ord. to permit the expansion of a day care center BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED TO APPROVE THIS APPLICATION. (3 ayes - 0 noes - 2 absent) Staff Recommendation: The staff recommends approval of this request as we feel the expansion of this use would not effect adjacent property as property to the north and east are zoned "F" Commercial. There is adequate parking and stacking space for automobiles and 2 large play areas for children. There were no objectors present. - 10 - 11-17-75 Item No. 10 - OTHER MATTERS Case Number: Z-2920 Applicant: Macedonia Baptist Church Location: 1723 East 3rd Street Description: Lot 16, Block "B", Fletcher and Clark's Addition Present Classification: "C" Two-family District Variance: Requests reconsideration of a parking lot issue to obtain a variance from the screening provisions of Sec. 43-21 (H) (b) of the Code of Ord. to delete screening requirement BOARD OF ADJUSTMENT ACTION: THE BOARD.VOTED TO APPROVE THE REQUEST SUBJECT TO THE RECORD MINUTES REFLECTING A REQUIREMENT THAT ANY FUTURE OWNER OF THE ADJACENT.LOTS HAVE THE RIGHT TO REQUE.ST.AND RECEIVE THE INSTALLATION OF THE SCREENING AS REQUIRED BY ORDINANCE. (3 ayes - 0 noes - 2 absent) Staff Recommendation: In that the staff has received letters from property owners on both sides of subject lot indicating support for the deletion of the screen- ing requirement, we recommend approval as requested. There were no objectors present. There were 2 letters submitted from adjacent property owners in support of the issue. 11-17-75 Item No. 11 - OTHER MATTERS Interpretation: The staff requests an interpretation from the Board of Adjustment dealing with accessory buildings being used in connection with a home occupation. THE BOARD, IN REVIEWING,THIS ISSUE, DETERMINED THAT A HOME OCCUPATION AS DEFINED BY THE ORDINANCE IS TO` -BE CARRIED ON WITHIN THE PRINCIPAL STRUCTURE ONLY (NO ACCESSORY BUILDING). Staff Recommendation: This request is for the Board to review the Home Occupation (43-1-32) and Accessory Building (43-3-8) sections to determine if a home occupation may be allowed in an accessory structure. The staff feels that the intent of the ordinance would be served as long as the use does not change the character of the dwelling, and in connection with, there is no display, no stock -in -trade, no outside storage of equipment, no commodity sold upon the premises and not more than two persons engaged in such occupation. There being no further business, the meeting was adjourned at 3:45 p.m. r M. R. Godwin, Chairman - 12 - James A. Finch, Secretary