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HomeMy WebLinkAboutZ-3429 Staff AnalysisJanuary 29, 1980 Item No. 4 - Z-3429 Owner: Porter Briggs Applicant: Porter Briggs Request:. Rezone to "0-1" Quiet Office District Purpose: Existing Zoning: Location: Site Characteristics: Size: Existing Land Use: Abutting Land Use and Zoning: Zoning History: Applicable Regulations: Single Family Dwelling/Professional Office "R-5" Urban Residence 1523 Cumberland Street Level, Urban Development 10,500 Square Feet + Single Family Dwellings North - Single Family - Zoned "R-5" South - Single Family Zoned "R-5" East - Single Family Zoned "R-5" West - Nursing Home Within Capital Zoning District None of Significance Zoning Ordinance FACTUAL INFORMATION January 29, 1980 Item 4 1. NEED AND/OR DEMAND The applicant states the intention to use a portion of this residence for a professional office. The intended use is for magazine publishing. The requested zoning is the most restrictive which will permit the intended use. 2. COMPATIBILITY WITH MUNICIPAL PLANS The property misses only slightly from being included in either the Central Little Rock Zoning District or the Capital Zoning District. Within the jurisdiction of these two districts, the proposed use can be permitted as a conditional use in certain cases. Current municipal plans call for the retention of as much of this area as possible for mixed residential use. The continuing spread of nonresidential uses throughout the area can be seen as running counter to the earlier intent. 3. EFFECT ON ENVIRONS Since the intention is to use a portion of the existing structure, no adverse environmental impacts are foreseen. 4. NEIGHBORHOOD POSITION No adverse comments have been received from any neighboring owner. 5. PUBLIC SERVICES/EFFECT ON No,public service agency has responded in negative fashion. 6. UTILITIES/EFFECT ON Utility companies have given no adverse recommendations. 7. EFFECT ON PUBLIC FINANCES No particular fiscal effects are seen. January 29, 1980 Item 4 -. Continued 8. LEGAL CONSIDERATIONS/REASONABLENESS Within the perspective of the City's zoning jurisdiction, this case could exemplify "spot zoning." 9. STANDARDS OF QUALITY No,standards of quality have been addressed. 10. TRAFFIC AND STREET RIGHT-OF-WAY No particular traffic or right-of-way issues attend this case.' The applicant has assured that adequate parking could be provided to accommodate this proposal. ANALYSIS Although this property abuts an institutional use to the west and is within an area wherein a great deal of mixed residential and nonresidential use has been permitted, there is concern that the rezoning of this property to office use would trigger additional requests and eventually change the complexion of the entire neighborhood. Additionally, there is a nagging concerning regarding the issue of "spot zoning." STAFF RECOMMENDATION: Staff recommends denial. COMMISSION ACTION: A spokesperson for the applicant cave a lengthy presentation regarding the application. She stated that they would have preferred to seek a conditional use permit rather than a rezoning, citing that they did not wish to have a detrimental impact on the neighborhood. A couple of neighboring owners stated their sympathy with the applicant's desires, but they voiced concern over the proposed rezoning. After a brief discussion, the Commission moved to approve the application. The motion failed: O*ayes, 8 noes, a absent and 1 abstention (Johnson abstained). The application was declared to have been denied.