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HomeMy WebLinkAboutZ-3903-A Staff AnalysisAugust 19, 1985 Item No. 1 - Z -3903-A Owner: C.Y.H. Development Corp. Address: 3625 Kavanaugh Description: SW Corner of Kavanaugh and "L" Street Lots 1 & 2, Block 51, Pulaski Heights Addition Zoned: "C-3" General Commercial Variance Requested: From the setback provisions of Section 7-103.3/D.2 expansion of a previously approved variance. JUSTIFICATION: 1. The need of two of the tenants to have additional space. 2. To comply with a citing by the City of Little Rock Code Enforcement Office for noncompliance. Present Use of the Property: Proposed Use of the Property: STAFF REPORT Retail/Commercial Same A. Engineering Issues Traffic Engineer recommends denial of the variance due to the impact of traffic to Kavanaugh and "L" Street. Staff Analysis The request before the Board of Adjustment is for an expansion of a previous variance granted in October 1982 for relief from Section 7-103/3D encroachment into both exterior yards and Section 8-101 reduction of required parking spaces. One provision of the granting of the above mentioned variances was that the upper level be utilized only as commercial use with the lower level being utilized solely for storage space. Due to a recent citing by the Little Rock Code Enforcement Office, it was found that at least two tenants on the upper level are using their storage spaces for other uses which is a violation of the variance and places the owner in a noncompliance status. August 19, 1985 Item No. 1 - Continued At present, there are six tenants occuping the upper level. One commerdial use is that of a restaurant which has staff concern as to whether the applicant can secure the parking spaces needed for an expansion. In the previous variance, the applicant was given relief from the required number of parking spaces stated in the ordinance. The ordinance requires parking be provided for all 1200 square feet, but at that time the applicant agreed that he was only going to be using 7000 square feet. Therefore, a mimimum of twenty-five spaces was granted with no parking on the Harrison Street side of the project. C. Staff Recommendation: Staff recommends denial of the application based on the following objections: (a) The applicant's previous variance for relief from the parking requirements of Section 8-101. It is staff's view that if the variance is granted, the required number of parking spaces would have to be increased. (b) As it stands now, staff feels that for the type of commercial uses already on the site, the parking is really insufficient for the need. (c) The placing of undue hardship and encroachment on the residence on the Harrison Street side of the project. (d) Staff believes that the granting of the variance will impact the already concerned of the traffic flow at the intersection of Kavanaugh and "L" Streets. BOARD OF ADJUSTMENT ACTION: Mr. J. Redden, the applicant and architect, presented the application and identified the various uses and floor spaces involved. Mr. Gregg Lathrop representing the exercise studio discussed the effects of the variances on his wife's business if it were denied. Mr. Jim Couch, the developer of this project, discussed the various uses, the floor space allotted and the history of the current occupancies. There were no objectors present. However, it was noted that several persons had called and voiced concern about the application. A general discussion then followed with various solutions being offered through the offering of four separate motions to approve or deny in various formats. These several motions all failed with subsequent actions August 19, 1985 Item No. 1 - Continued taken to reconsider the application. A final motion was made which stated denial of the request as filed but providing for the retention of the existing exercise studio in the facility as it currently operates, the use to remain as is until the business leaves this space. At that time, this area will revert to accessory use for upper floor tenants. The balance of the basement use area to remain as previously approved as storage or ancillary activity to the businesses above. This motion passed by a vote of 8 ayes, 0 noes and 1 absent. October 18, 1982 Item No. 3 - Z-3903 Owner: Address: James Couch and Bo Hawk By: James Moses SW corner, Kavanaugh and "L" Street Description: Lots 1 and 2, Block 51, Pulaski Heights Addition Zoned: "C-3" General Commercial Variance Requested: 1. Relief from Section 7-103.3D to permit a 17 -foot encroachment into both exterior yards. 2. Relief from Section 8-101 to reduce required parking by 14 spaces. Present Use of Property: Vacant Commercial Proposed Use of Property: New Retail Building STAFF RECOMMENDATION: The intentions of the developer are to remove the existing two buildings and to construct one new building which will contain 7,000 square feet of retail space on the upper floor and 5,000 square feet of storage space in the basement. The proposed structure as shown on the graphic is triangular shaped and will encroach at the extreme ends into the required setback by 17 feet. The open area in the front of the building will be used for parking. The ordinance requires parking to be provided for all 12,000 square feet but in this case only 7,000 feet will actually be shop area. Staff feels that a compromise parking requirement is in order. Staff recommends approval of the variances requested. BOARD ACTION: The applicant was present, and there were no objectors. There were a number of questions regarding setbacks and parking to be answered. After the discussion, the Board moved to approve the 17' encroachments requested and to reduce the parking to a minimum of 25 spaces to be provided. This eliminates parking on the,Harrison Street side of the project. The motion passed: 4 ayes, 0 noes, 1 absent and 2 abstentions (Marcelline Giroir and Joe Norcross both abstained, citing conflicts of interest).