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HomeMy WebLinkAboutZ-4446-A Staff AnalysisApril n9, 1996 Item No.: A File Na Uwner- Address: DeSCrintio_n: Zoned: Variance Re ested: Justification: Present Use of Pronert . Proposed Use of Proper1. Staff Re ort• A. Public works Comments: Z -4446-A Doris and Patrick Morgan by Paul Pounders of 4 "D" Mattress 7104 Asher Avenue Part of the NE 1/4, SW 1/4, Section 13, T -1-N, R -13-W, Little Rock, Pulaski County, Arkansas C-3 A variance is requested from the development criteria of Section 36- 301(b) to permit the use of two trailers for storage of merchandise for a period up to 3 years. The building is small, with limited storage space. Temporary relief is needed in the form of the two trailers. Retail mattress/furniture sales Retail mattress/furniture sales Floodplain panel number should be shown on survey. Contact City Engineer's office for information. A portion of the property is in the floodplain, thus, a Development Permit is required. The property to the east of the acquisition being made currently for AHTD widening of Asher Avenue is deficient from the standards in the Master Street Plan. Dedicate right-of-way to 55 feet from centerline on frontage for this principal arterial. Construction of sidewalk at back of curb is required and reduction of the number of driveways is also required by ordinance. B. Cit Att rn 's office Comments: Based on the facts developed to date, the impact on the City of this proposed variance to allow temporary parking of 2 trailers on site does not justify the imposition of right- of-way dedication and boundary street improvements. April 29, 1996 Item Na.: A Cont C. Staff Analvsis: This issue is before the Board as a result of enforcement action by thec Codes Enforcement °Staff . The .69± acre property at 7104 Asher Avenue contains a 2600± square foot building and a small, asphalt paved parking lot. The building is occupied by 4 "D" Mattress, a retail furniture and bedding store. Due to the limited storage space within the building, the applicant has placed two large trailers on the property which he uses to store merchandise. The C-3 District Development Criteria restrict all uses to closed buildings. The use of the trailers for storage does not comply with these provisions. The applicant is requesting permission to continue the use of the trailers for storage for a period up to 3 years. He states that he may add on to the building at some point in the future but cannot afford to do so now. The property is located in area which is zoned primarily C-3. Uses in the area range from a church to a utility maintenance yard. The property across Asher Avenue contains a variety of commercial uses including a drive-in restaurant and a muffler shop. An ARKLA Gas Company maintenance yard occupies the property to the north and east. Other commercial uses, including the Butcher Shop restaurant are located to the west. Staff does not believe some temporary use of the storage trailers would negatively impact the surrounding properties and supports a limited time variance with some provisions. Staff believes an 18 month variance is a more reasonable time frame to consider. By the end of 18 months the applicant should know whether or not he is able to consider either expanding the building or relocating the business. One of the trailers is currently located in one of the driveways onto the site from Asher Avenue. This trailer must be relocated out of the driveway and should sit a minimum of 25 feet from the Asher Avenue property line (the minimum C-3 District front yard setback). D. Staff Recommendation: Staff recommends approval of a variance to allow the use of the two trailers for storage of merchandise for a period not to exceed 18 months subject to the following conditions: 1. Compliance with Public Works Comments as modified by the City Attorney's office. 2. The trailer now located in the driveway is to be relocated to a point at least 25 feet back of the front property line and out of the driveway. 2 April 2'9, 1996 Trem NO.: A 3. No signage is to be permitted on the trailers as they do not qualify for signage based on the City of Little Rock Sign "Cod'e BOARD OF ADJUSTMENT: (FEBRUARY 26, 1996) The applicant, Paul Pounders, was present. There was one objector present. Staff presented the item and noted that the applicant had failed to follow the proper notification procedure. He had hand -carried a letter to three properties near the site and obtained signatures. Chairman Rowland told Mr. Pounders that he should follow the proscribed procedure, utilizing the correct form and a list of property owners obtained from an abstract company. Mr. Pounders responded that he would do so. Mike Kumpuris, president of the Westwood Neighborhood Association, addressed the Board in opposition to the variance. He discussed his group's efforts to upgrade the area and asked the Board not to approve the use of the trailers. Mr. Pounders presented photographs of another site in the area which he stated was more of an eyesore than his property. Cindy Dawson, of the City Attorney's Office, stated that the City is prosecuting the owner of that second property for various code violations. Gene Terry stated that he wanted the item deferred and proper notification procedures followed. Dana Carney, of the Planning Staff, stated that he would send the applicant information regarding the proper notification procedure. A motion was made to defer the item to the March 25, 1996 Board meeting. The motion was approved by a vote of 7 ayes, 0 noes and 2 absent. BOARD OF ADJUSTMENT: (MARCH 25, 1996) The applicant, Paul Pounders, was present. There was one objector present. Staff presented the item and informed the Board that the applicant had followed the proper notice procedure, however the notices were sent only 6 days prior to the meeting, not 10 days as required by the Board's Bylaws. Cindy Dawson, of the City Attorney's office, informed the Board that deferring the item would require the applicant to renotify unless the Board waived that provision of the Bylaws. Mr. Pounders stated that the abstract company could not get the list of property owners prepared in time. 3 April 29, 1-996 Item No.- A Cont. A motion was made to waive the bylaws and accept the notices as sent by the applicant. The motion was approved by a vote of 6 ayes, 1 noe, 1 absent -and 1 open position: Doris Morgan, owner of the property occupied by 4 "D" Mattress, addressed the Board. She stated that she and her husband had made a substantial investment in the property since they purchased it in 1981. Ms. Morgan stated that they hoped to expand the building but were unable to get a bank loan approved due to the condition of a nearby property. She then showed photographs of this other property to the Board. She stated that she had been told by the bank that the loan would be approved when the other property was cleaned up. Ms. Morgan asked the Board to allow Mr. Pounders to use the trailers until the other property is cleaned up and she can get a loan to expand the building. Mike Kumpuris, President of the Westwood Neighborhood Association, addressed the Board in opposition to the variance. He noted that the City was working to get the other property in question brought into compliance. Mr. Kumpuris stated that his neighborhood was concerned about the appearance of Asher Avenue. He stated that Mr. Pounders had shown a lack of good faith in that he has not moved the one trailer or removed signs from the trailers as recommended by staff. Mr. Kumpuris stated that the issue of the other property had reduced the neighborhood's confidence in the City's ability to regulate zoning in the area. He concluded by stating that the neighborhood felt that the best decision would be to deny the variance request. Mr. Pounders stated that he had to have space to store mattresses and that he needed time to prepare for possible expansion of the building. In response to a question, he stated that he had 3 more years left on his lease at 7104 Asher Avenue. Chairman Rowland asked Mr. Pounders if he would accept 18 months as recommended by staff. Mr. Pounders responded that he would. A motion was made to approve a variance to allow the use of the two trailers for storage of merchandise for a period not to exceed 18 months from February 26, 1996, subject to compliance with the conditions outlined in the staff recommendation. The vote was 3 ayes, 4 noes, 1 absent and 1 open position. Due to the failure to receive 5 votes either for or against the item, it was deferred to the April 29, 1996 Board meeting. (APRIL 29, 1996) The applicant, Paul Pounders, was present. There was one objector present. Staff presented the item. 4 April 29, 1996 I m Ido . : A (Cont.) Mr. Pounders addressed the Board. He speculated that the reason Mr. Kumpuris was opposed to the variance was because he (Mr. Pounders) had failed to contribute to the Westwood Neighborhood Association, of which Mr. Kumpuris is president. Mr. Pounders presented a petition signed by persons in support of the variance (Staff did not receive a copy of this petition). He stated that he had moved the trailer as recommended by staff. Mr. Pounders also stated that he would remove the signs from the trailers if the variance was approved. In response to a question from Brandon Rogers, David Scherer of the Public Works Department, stated that the trailer had been moved back and out of the driveway which satisfied Public Works' concerns. Mr. Pounders presented copies of the Code Section for which he had been cited and questioned the nature of the violation. He stated that he had sent the required notices and there was no opposition from the neighbors. Dana Kellerman, Mr. Pounders' daughter, addressed the Board in support of her father's request. She discussed Mr. Pounders' family and working history. She stated that his business needed storage space but that the bank would not approve a loan to allow for expansion of the building. Ms. Kellerman stated that the trailers were neat and clean. She concluded by stating that requiring removal of the trailers would cause the business to close, leaving another empty building on Asher Avenue. Mike Kumpuris, President of the Westwood Neighborhood Association, addressed the Board in opposition to the request. He stated that the trailers were unsightly and a violation of city code. He presented a petition signed by persons opposed to the variance. In response to a question from Vivian Doyne, Mr. Kumpuris stated that he had only spoken with Mr. Pounders while at the Board meetings but that he had spoken with Mrs. Morgan, the property owner, at other times. Dana Carney, of the Planning Staff, stated that he had also spoken with Mrs. Morgan and discussed alternatives to the trailers, including a storage building or enlarging the store. Ms. Kellerman stated that the price of a storage building was cost prohibitive compared to the price of renting the trailers. She asked for approval of use of the trailers for 18 months. Rebecca Finney asked staff when the proposed 18 month period would begin. Mr. Carney responded that it was at the Board's discretion. 5 April 29, 1996 It9m NO.: A Cant. A motion was made to approve a variance allowing use of the two trailers for a period of 18 months beginning April 29, 1996, subject to the conditions noted in the staff recommendation. The motion was approved'by a vote of 8 ayes, 0 noes► d absent and 1 abstaining (Doyne). 6