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HomeMy WebLinkAboutboa_08 16 1971LITTLE ROCK BOARD OF ADJUSTMENT M I N U T E S AUGUST 16. 1971 `1MBERS PRESENT Dave Grundfest, L. Dickson Flake Lawrence Woolsey MEMBERS ABSENT Jr., Acting Chairman S. Spencer Compton Darrell Dover STAFF PRESENT Don R. Venhaus John L. Taylor Louis E. Barber Richard Wood James Finch Dorothy Riffel OTHERS Perry Whitmore, Asst. City Attorney Brenda Tirey, Democrat Reporter There being a quorum present, the meeting was called to order by the Acting Chairman, Dave Grundfest, Jr., at 2:00 P.M. A motion was made for approval of the minutes of the last meeting with a minor correction, which was seconded and passed. The following action was taken on advertised matters: Tract No. 1 - Z-2279 Applicant: South Highland Baptist Church by Arnold Crain Location: 2701 South Elm Street Description: Lots 1, 2, 3, 4, 5, and West Half of Lot 6 in Block 13, R. C. Butler's Addition Classification: "B"-Residence District Variance: Requests a Variance from the Use Provisions of Section 43-3-(8) (b) of the Code of Ordinances to permit erection of a church -sign and bulletin board in excess of permitted area (proposed 64 square feet) The Staff's recommendation was read as follows: "The Staff recommends denial of the requested Variance. The Ordinance authorizes 10 square feet as maximum size for a church. A Variance of this nature was considered by the Board of Adjustment on May 19,1969. At that time a sign area of 70 square feet for a single -face sign was proposed by the Church for a total height of 18 feet. The Board denied the requested Variance to the size authorized for a church and approved only the corner' location of the sign. This petition is for a sign area of approximately 60 square feet including the supporting member." Board of Adjustment Minutes August 16,1971 A member of the Finance Committee of the Church was present to represent the application. There were no objectors. He stated that the proposed sign will be located on the southwest corner of the church parking lot at 28th and Elm Street, will be similar in design to the one which is one block to the west in front of the Church of Christ, would have no visual obstructf_on, would be lighted from within with underground wires, and it would be 13 feet tall in order to get clearance under the sign. A motion was made for denial of the application, which was seconded and passed. Mr. Venhaus asked to make two points to substantiate the Board's action in this instance. First, there are no locational requirements for a Church - they can go into any District in our Zoning Code without review or approval. Since the Board of Adjustment tends to establish precedents, he said he has always felt that the ordinance as it regulates signs for churches is extremely important because there are no locational requirements for churches. Secondly, the City's sign ordinance is particularly liberal and has substantial defects. One of the things it does is to regulate uses in residential areas- like churches - stringently. The task ought to be to strengthen the less restrictive districts, and develop a new sign ordinance which would bring the other districts - the commercial districts - more in line with some of the restrictive characteristics of our residential sign allowance. Tract No. 2 - Z-896 Applicant: W. J. Walker Location: 4924 Kavanaugh Boulevard Description: Lots 13 through 16., and the west 25 feet of north 74 feet of Lot C and west 25 feet of the south 23.71 feet of Lot B, all in Shadow - lawn Addition Classification: "F"-Commercial District Variance: Requests permission under the provisions of Section 43-22(4)(e) of the Code of Ordinances to permit a public garage in a"retail zone. Mr. W. J. Walker, the applicant, was present. The Staff's recommendation was read as follows: "The Staff recommends denial of this application. The further extension of "H" Business character uses to the north of the present shop,site would effect a change of use for this block without proper zoning change. The present operation was permitted by the Board of Adjust- ment on February 18,1963 on the condition that motor repair be confined within a soundproof testing room, and for the present lessee. The motor repair has been moved to the property which is the subject of this application and the operation thereat is in complete violation of the conditions the Board of Adjustment established February 18,1963. The noise generated by the testing of these motors should by all means be contained in a soundproof or similarly treated room. There would be no objection to the sale of small motor parts at this location as it was formerly occupied by a filling station which is zoned "F". (continued on next page) -2- Board of Adjustment Minutes August 16 1971 The zoning ordinance calls for "H" Business zoning for a garage operatian unless the Board deems necessary for public convenience or welfare. Sec. 43-22-(4)(e)." Mr. Walker stated that he 6wned the property in question and the Lake City Marine business which occupies the building immediately south - three lots. The filling station property which he has asked for permission to en able them to repair outboard motors was formerly vacant and run-down and when he bought the property the first of this year he moved the repair services there which not only includes working on motors but repairing boats. In his opinion, the operation of -a filling station created as much noise as his operation. They were given permission by the City to maintain the repair service isolated in a back room of this building, but it created great inconvenience to their customers and there was no place to park their rigs. In this service station they can drive in and be waited on and service to his customers has been increased greatly. As recommended by the Staff, he said they could not sell motors and small items as it would entail manning a building for this purpose which would not be financially feasible. Mr. Walker stated that if the Board of Adjustment allowed this change, they would be willing to aircondition the building and keep the doors closed at the time the motors were being run. As far as the noise is concerned, he said the street traffic generates more noise than that created by the outboard motor repair. Six letters of opposition to this variance were filed, There were approxi- mately 22 objectors present. Mr. John W. Treadwell, 1900 North Jackson Street, was present in opposition, stating his objections to be the noise created by this operation, the sidewalk along Kavanaugh being usually blocked by boats and/or automobiles, and the fact that water is allowed to stand in some of the boats after rains which provide a breeding place for mosquitoes. He said the neighborhood does not want this operation and that it should not be permitted. Mr. H. H. Green, 1904 North Jackson Street, was present in opposition stating that property values in the area would be adversely affected with this expanded operation, and that the business needed more space than this site affords. Also he said that Kavanaugh is a heavily traveled street and should not be used for a service road for this business. A motion was made that the application be denied, which was seconded and passed. DEFERRED MATTER Z72070 - Z-2423 Applicant: W. C. McMinn Company, Inc. Location: 516 West 16th Street Description: Lots 4, 5, 6, Block 206, Original City Classification: "F"-Commercial District Variance: Requests a Variance from the Setback Provisions of Section 43-15 of the Code of Ordinances to permit an addition to an existing non -conform- ing building. -3- Board of Adjustment Minutes Au ust 16 1971 The Staff's recommendation was read as follows: (This case was deferred for further consideration at the last meeting. The matter of non -conforming use of 1520 Broadway and off-street parking was cleared up by separate memorandtuh.) The Staff re -states its previous recommendation: "The Staff recommends denial of this application inasmuch as there appears to be no basis for the requested variance other than the -potential financial gain of the applicant which is not hardship due to,circumstances unique to the individual property. The present development of the "F"-Commercial lot provides only a 20 foot rear yard and.a 25 foot front yard. The Variance if granted would provide a 15 foot front yard, 10 feet short of the required space for new construction. Section 43-11 para (2) City's Zoning Ordinance reads as follows: "(f) that no part of the existing nonconforming building shall encroach, extend or project into more than one yard space distance required by this chapter. (g) that such erection, conversion, or reconstruction of structural alteration shall fully conform to the yard space and all other provisions of this chapter required for new construction." Mr. McMinn was present saying that they desperately need "to get going", and had nothing further to add to his comments made at the last meeting. There were no objectors. A motion was made that the Variance be approved, which was seconded and passed. There beimg no further business, the meeting was adjourned at 2:30 P.M. Dave Grundfest, Jr.; Ac ng Chai75,111 -4- AM-1 A �R IJ-'l I/YI Ot A64 Don R. Venhaus, Secret ry