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HomeMy WebLinkAboutZ-3659 Staff AnalysisMarch 16, 1981 Item No. 5 - Z-3659 Owner: Address: :Description: Zoned: Variance Requested: Present Use of Property: Proposed Use of Property: Little Rock Municipal Water Works and George L. Cook Northeast Corner of Martin and "I" Streets Long Legal "C-3" General Commercial and "R-2" Single Family (1) Relief from Section 7-101.7 to permit a 12 foot encroachment into a required front yard. (2) Relief from Section 8-101-H to permit location of parking on the adjacent property. Vacant Multifamily (60 units) Staff Recommendation: The applicant has an agreement with the water utility to purchase a perpetual' right to use the north 80 feet of the Water Works property for parking. This 80 foot strip of land coincides with an existing AP&L easement, and the applicant has worked out the right with AP&L to share use of the property. This property is zoned."R-2" Single Family; and to be used without being zoned "R-5" Urban Residence, a variance from Section 8-101-H must be granted. The agreement with the Water Works is contingent upon positive action by the Board of Adjustment. At the meeting of the Water Commission on January 30, 1981, a motion was passed which requested the Little Rock Board of Directors to grant the required easement. The $85,000 to be paid for the easement is to be used in the construction of a proposed Heights/Hillcrest Handicapped Pathway to be constructed at Ozark Point. March 16, 1981 Item No. 5 - Continued The second issue relating to this project is in the need for a front yard setback variance of 12 feet. Martin Street physically terminates at "I" Street and will likely never be further developed to the north, and the developer would like to construct within 38 feet of the center line of that street right-of-way. The applicant is discussing closure of Martin Street right-of-way and if this were to be accomplished, the setback variance would not be required. Further checking with the water utility shows that the Water Commission is waiting for Board of Adjustment approval before sending its resolution requesting the granting of the easement to the Board of Directors. Staff understands that there is interest at the Board of Directors level that the Board of Directors consider the easement question prior to Board of Adjustment action. Regardless of the above, staff feels this is an appropriate use of the property and that significant public benefit,will be derived from the project. Board Action: The applicant was present and was represented by David Henry, who gave a lengthy presentation showing enhanced site and landscaping plans and pictures of the AP&L easement, which is being proposed for the parking use. Also speaking in favor of the application was Jack East, who is Executive Director of the American Amputee Foundation. He stated that the Foundation felt that the approval would go a long way toward providing the necessary recreation facilities for handicapped people and because of that the proposal should be approved. There were approximately 21 objectors present, represented by A.M. "Sandy" Keith. Of the 21 present besides Mr. Keith, nine persons spoke in opposition. There were petitions filed which contained 75 signatures of neighbors who are opposed to the proposed development. Principally, their concerns revolve around private use of public land for private gain and access problems, citing the narrowness of Martin Street and its poor condition. They cited, in addition, that occasionally when it snowed people were required to park near the bottom of Martin Street hill because they were unable to get to the top, and that this would burden the neighborhood and create additional traffic hazards for the neighborhood. They cited that tax payers might at some point in the future be required to fund an upgrade of the street system in the area to handle the proposed project. A number of residents spoke in opposition, primarily restating earlier issues that had been raised by other spokespersons. March 16, 1981 Item No. 5 - Continued Mr. Henry discussed each of the major issues that had been raised, specifically traffic access and public land for private use. He presented the Board with a letter from Ernie Peters, Traffic Engineer with PAWA, Inc., which compared traffic counts on similar width streets. He spoke of access issues and discussed briefly the notion of public land which is presently being used for private purposes. He also introduced the landscape architect for the project, who gave a brief presentation on the landscaping plan. After a lengthy discussion, the Board moved to approve the application as follows: There was a motion which denied the 12 foot front yard encroachment but approved the location of the parking on the Waterworks property in,the "R-2" District. The motion was passed: 6 ayes, 0 noes and 1. absent. I