Loading...
HomeMy WebLinkAboutZ-4508 Staff AnalysisAugust 19, 1985 Item No. 3 - Z-4508 Owner: Address: Description: Zoned: Variance Requested: JUSTIFICATION: Linda Holderfield 5003 Asher Avenue South side of Asher Avenue, one half block east of Mary Street. 11I-2" Light Industrial From the front yard provisions of Section 7-104.2/E.1 construction of an awning with 20-foot front yard. A. To provides"protection from weather. B. To provide protection to.customers. C. To make the building more energy efficient. Present Use of the Property: Commercial Proposed Use of the Property: Same STAFF REPORT A. Engineering Issues Engineering requests that if the awning is approved the applicant never be allowed to enclose it. B. Staff Analvsis The proposal before the Board of Adjustment is to allow for an already constructed awning. The structured awning is encroaching with a 20-foot setback to the front yard of an open space building. This variance was filed as a result of a citing by the Little Rock Code Enforcement Office. A problem observed by staff is that the City's current Zoning Ordinance provides for a 50-foot setback. Whereas the former Zoning Ordinance required zero setback on the front. Because of the above mentioned problem, there are several businesses in the area whose front yard lies right on the property line. Before the construction of the awning, the applicant was already encroaching within the front yard which added to the already problem this office and the Code Enforcement Office is experiencing with the Asher Avenue area. August 19, 1985 Item No. 3 - Continued Staff feels that the applicant has not adequately provided justification of a hardship. One provision of the new zoning ordinance is that if an applicant can demonstrate that at least forty percent of the already surrounding building's front yard falls within an allowable area of the ordinance other than that which is required, that applicant would have a justification for not meeting the required ordinance. Kenny Scott of the Code Enforcement Office, will be at the meeting to address the above mentioned provision more in depth and to explain the events surrounding the citing by his office of the code violation. STAFF RECOMMENDATION: The Planning staff feels that .it can support this request only if the applicant can present justification.for a true hardship on the site and agrees to the following three items: A. Paving of the drive to the east side of the project where the delivery trucks enter and exit. At present, the drive has deteriorated to a great degree from the elements. B. At present, there is a 6-foot wooden fence surrounding the property, but staff feels the applicant can do a better job of screening the merchandise that is on display in the front and on the side of the building. The business is a well established one that has been at this location for a significant period of time; therefore, staff feels there is no justifiable need to openly display the large items as they are now being displayed. C. Adhere to the request of Engineering which states that the awning never be enclosed. BOARD OF ADJUSTMENT ACTION: The applicant was present and made a presentation which included photographic evidence of like circumstances along Asher Avenue in this area. She offered history of her business and involvement with the Enforcement staff. There were no objectors in attendance. The Board then requested that Mr. Scott of the Enforcement staff offer comments as to the enforcement issue on this premises. A lengthy discussion of the issue then followed. A motion was then made to approve the application as recommended by the staff. The motion passed by a vote of 6 ayes, 1 no and 2 absent. August 19, 1985 Item No. 3 - Z-4508 Owner: Address: Description: Zoned: variance Requested: Linda Holderfield 5003 Asher Avenue South side of Asher Avenue, one half block east of Mary Street. "I-2" Light Industrial From the front yard provisions of Section 7-104.2/E.1 construction of an awning with 20-foot front yard. JUSTIFICATION: A. To provide -'protection from weather. B. To provide protection to.customers. . C. To make the building more energy efficient. Present Use of the Property: Commercial Proposed Use of the Property: Same STAFF REPORT A. Engineering Issues Engineering requests that if the awning is approved the applicant never be allowed to enclose it. B. Staff Analysis The proposal before the Board of Adjustment is to allow for an already constructed awning. The structured awning is encroaching with a 20-foot setback to the front yard of an open space building. This variance was filed as a result of a citing by the Little Rock Code Enforcement Office. A problem observed by staff is that the City's current Zoning Ordinance provides for a 50-foot setback. Whereas the former Zoning Ordinance required zero setback on the front. Because of the above mentioned problem, there Are several businesses in the area whose front yard lies right on the property line. Before the construction of the awning, the applicant was already encroaching within the front yard which added to the already problem this office and the Code Enforcement Office is experiencing with the Asher Avenue area. August 19, 1985 Item No. 3 - Continued Staff feels that the applicant has not adequately provided justification of a hardship. One provision of the new zoning ordinance is that if an applicant can demonstrate that at least forty percent of the already surrounding building's front yard falls within an allowable area of the ordinance other than that which is required, that applicant would have a justification for not meeting the required ordinance. Kenny Scott of the Code Enforcement Office, will be at the meeting to address the above mentioned provision more in depth and to explain the events surrounding the citing by his office of the code violation. STAFF RECOMMENDATION: The Planning staff feels that.it can support this request only if the applicant can present justification for a true hardship on the site and agrees to the following three items: A. Paving of the drive to the east side of the project where the delivery trucks enter and exit. At present, the drive has deteriorated to a great degree from the elements. B. At present, there is a 6-foot wooden fence surrounding the property, but staff feels the applicant can do a better job of screening the merchandise that is on display in the front and on the side of the building. The business is a well established one that has been at this location for a significant period of time; therefore, staff feels there is no justifiable need to openly display the large items as they are now being displayed. C. Adhere to the request of Engineering which states that the awning never be enclosed. BOARD OF ADJUSTMENT ACTION: The applicant was present and made a presentation which included photographic evidence of like circumstances along Asher Avenue in this area. She offered history of her business and involvement with the Enforcement staff. There were no objectors in attendance. The Board then requested that Mr. Scott of the Enforcement staff offer comments as to the enforcement issue on this premises. A lengthy discussion of the issue then followed. A motion was then made to approve the application as recommended by the staff. The motion passed by a vote of 6 ayes, 1 no and 2 absent.