HomeMy WebLinkAboutZ-3646-A Staff Analysis� 1 _. .
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September 28, 1983
Item No. 2 - Z -3646-A
Owner: Claude Carpenter
Address: 801 Marshall Street
Description: Part of Block 1, Fausts Addition
Zoned: "0-3" General Office District
Variance
Requested: From the off-street parking provisions
of Section 8 of the Zoning Ordinance to
permit accessory parking for Arkansas
Children's Hospital
Justification:
The applicant points to a need for parking for the
Children's Hospital immediately across Marshall Street and a
strong personal obligation to the hospital. The owner
states that he hopes to sell the lot to the hospital, but
doesn't know when they will be able to afford the purchase.
He further states that when notified by the hospital that
they no longer desire to purchase the lot he will use it as
an office property.
Present Use of
the Property: Parking lot/operation of unauthorized
commercial lot
Proposed Use of
the Property: Accessory parking for Children's
Hospital
STAFF REPORT
A. Engineering Issues
None attendant to this request.
B. Staff Analysis
The application filed is the result of enforcement
action against the owner. The parking lot in place and
operating has received much attention from the City
over the past year. The issues raised by staff are:
1. Operating a commercial parking lot in an "0-3"
zone which is not permitted.
2. Deficient landscaping to qualify with City
ordinance. A plan for development of the lots
landscaping has been reviewed and approved by the
Permits staff, but has not been completely
executed.
September 28, 1983
Item No. 2 - Continued
The staff feels that the request before the Board can only
be valid if the Children's Hospital forwards a written
commitment to purchase the land or provide a long-term
lease. The Board of Adjustment cannot allow a commercial
lot for any pay arrangement in an "O-3" zoning
classification.
C. Staff Recommendation
Denial of the request as filed unless the applicant can
present documentation described in the staff analysis
whereby the lot becomes accessory parking to the
hospital and not a.principle use of the land.
BOARD OF ADJUSTMENT ACTION:
Mr. Claude Carpenter was not present. A request was
presented for deferral of this item to the October 17th
Board meeting in order to permit sufficient time to resolve
the involvement of the Children's Hospital in the usage of
this site. There were no objectors present. However, one
letter of objection was received. A motion was then made to
defer this item to the regular scheduled meeting on October
17, 1983. The motion passed by a vote of 8 ayes, 0 nay.
October 17, 1983
l
Item No. A - Z -3646-A - Deferred Matter
Owner: Claude Carpenter
Address: 801 Marshall Street
Description: Part of Block 1, Fausts Addition
Zoned: "0-3" General Office District
variance
Requested: From the off-street parking provisions
of Section 8 of the Zoning Ordinance to
permit accessory parking for Arkansas
Children's Hospital
JUSTIFICIATION
The applicant points to a need for parking for the
Children's Hospital immediately across Marshall Street and a
strong personal obligation to that hospital. The owner
states that he hopes to sell the lot to the hospital, but
doesn't know when they will be able to afford the purchase.
He further states that when notified by the hospital that
they no longer desire to purchase the lot he will use it as
an office property.
Present Use of
the Property: Parking lot/operation of unauthorized
commercial lot
Proposed Use of
the Property: Accessory parking for Children's
Hospital
STAFF REPORT
A. Engineering Issues
None attendant to this request.
B. Staff Analysis
The application filed is the result of enforcement
action against 'the owner. The parking lot in place and
operating has received much attention from the City
over the past year. The issues raised by staff are:
1. Operating a commercial parking lot in an "0-3"
zone which is not permitted.
2. Deficient landscaping to qualify with City
ordinance. A plan for development of the lot's
landscaping has been reviewed and approved by the
Permits staff, but has not been completely
executed.
d .r N
October 17, 1983
Item No. A - Continued
The staff feels that the request before the Board can only
be valid if the Children's Hospital forwards a written
commitment to purchase the land or provide a long-term
lease. The Board of Adjustment cannot allow a commercial
lot for a pay arrangement in an "0-3" zoning
classification.
C. Staff Recommendation
Denial of the request as filed unless the applicant can
present documentation described in the staff analysis
whereby the lot becomes accessory parking to the
hospital and not a principal use of the land.
BOARD OF ADJUSTMENT ACTION: (9-28-83)
This item was deferred until October 17, 1983, at owner's
request in order to provide sufficient time to deal with a
commitment by the Children's Hospital. At this writing, no
further communication has been received from the applicant.
BOARD OF ADJUSTMENT ACTION:
(10-17-83)
The applicant, Mr. Carpenter, was not in attendance nor was
he represented at the meeting. A representative of the
Arkansas Children's Hospital was in attendance. The Board
briefly discussed the status of this application. It was
determined that inasmuch as Mr. Carpenter had once again
failed to appear before the Board and further documentation
of the proposal had not been received that it would be
appropriate to take action on the matter. A motion was then
made to deny the application. The motion passed by a vote
of 6 ayes, 0 noes, 2 absent.