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HomeMy WebLinkAboutZ-4714-A Staff Analysis1*1 - JA�,�, t)o. I(_ �)+�� Pa)�, (7--4714-4) 101 ( Svl cen.ti. 1-T --F is t,1- 4,e( Ile .......... - nr_ (T. erl- In the event that any structure that is devoted in whole or in part to a nonconforming use is destroyed by fire, explosion Or other casualty, or the public enemy, to the extent Of more than fifty percent (50%) of the current replacement value immediately prior to such damage, such structure shall not be restored unless such structure and use thereof shall thereafter conform to all regulations of the zoning district in which such structure and use are located. When such damage or destruction is fifty Percent (50%) or less of the reasonable replacement value of the structure immediately prior to such damage, such structure may be repaired and reconstructed and used for the same Purposes as it was before the damage or destruction; provided that such repair or reconstruction is commenced and completed within twelve (12) months of the date Of such damage or destruction. Structures which were developed prior to the passage of this Ordinance that complied with the then existing standards for development and which now have been rendered substandard by these new regulations shall be termed "pre-existing conforming structures" and, in the event of damage or destruction, may be allowed to build back to their original placement. E vi'd wry/ -e 1- A_-' d 1�- M Pre-"" Owl p .. Wc�- G � l n November 17, 1986 Item No. 11 Other Matters Owner: {Z -4714-A) Address: Laurie Dwyer 905 or 911 West (SW Corner 14th Request: of West 14th and Izard) Rec-ns deration of a approval, STAFF REPPrevious oar an ORT: 4-- In August of t to allow reduced year, the owner was The 80ard of Add front and side granted two West loth d7ustment Yards for variances Street Street and approved a new building. a 28- a 5 -foot setback for south Side with a privac foot frratbeYard f and Property Line. Y fence or the Iz a duplex and a s At that time constructed removed to mall commercial theoccupied aloe allow buildin lat was occu 9 the f°�' construction of t g• The duplexpied by After he new strutue was application the pplication was necessary approvals made to the Al colfrom the or the new building, The Bevera CitYr Philander distance a license was 9e commis s f Smith between a building because of campus and g loco t On October 15 the proposed structure on the damaged b 1986, the existin the Y a fire. After 9 commercial Y ran into some difficult. owners building entire struct hies began the was using structure. W°r1c was and decided to repair work, the same slab without Viten initiated on tear down the City stopped the irst a new Of a nonconforminw°rk for obtaining a building Ming structure. reasons Permit. The ure. The a • includin "In the event th oning Ordinanceg removal or at states: in Part any structur explosion to a nonconf°rmin e that is devoted extent of or Other casualt g use is dextro in whole value ore than 54 Y or the Public Yee by fire, immediately priortosuc of enemy to the shall. not be restored tO Such the Current re thereof unless dama9e, such.-sstru'ctureent shall thereafte such structure zoning district r conform and located. in which to all regulations Iess of t When such dams such Structure and of the he reasonable re a or.deStruction use are immediately Prior. to Placement �s 50 repaired value Percent or it reconstructedcanaamage, such of the structure such repair bed Ore the dam. dear for to structure may be With- or con 9e or destruction Same purposes in 12 construction Provide as destruction. of the date is comm d that ction. such and completed damage or . 'j �i November 17, 1986 Item No. 11 -_Continued Structures which are developed prior to the passage of this ordinance that complied with the then existing standards for development and which now have been rendered substandard by these new regulations shall be termed "preexisting conforming structures," and in the event of damage or destruction, may be allowed to build back to the original placement." If the building was in place and in use prior adoption of zoning regulations by the City o£ Little7Rock, then the building would be "a preexisting conforming structure." At the suggestion of the_staff, the owner researched this and could only find records verifying a commercial use datinq back to 1942. The issue before the Board is to determine whether the building can be finished and occupied by applying the previous variance approval to the new location. The structure does not meet the setback requirements for the side and rear yards with the West 14th Street side having a greater setback than what was initially approved. Staff feels comfortable with the new proposal and can support a restructuring of a variance approval with no modification made to the privacy fence requirement. Also, the owner should review the parking layout and circulation with the City's traffic engineer. (Attached is a sequence of events as outlined by Laurie Dwyer.) BOARD OF ADJUSTMENT ACTION: The owner, Laurie -Dwyer, was present. There were eight interested residents in attendance. issue and the request before the Boards. Dwyer discussed the Philander Smith College addressed the sstatedentative the record that the College did not support any; -waiver of the ABC regulations. Hazel Bowers, a resident on Izard Street, then spoke. She expressed concerns with traffic circulation and parking on Izard. Mrs. Bowers said that traffic in the neighbor.hood.,would increase and that could have a real impact on Izard Street. Jewel Williams also discussed traffic movement and potential loitering problems. Mildred Branson, operator of a beauty shop across Izard, said that she was concerned with the congestion in the immediate area, Tommy Davis, property owner directly to the south, suggested that the alley should be one -way -'to the south and that he wanted a real privacy fence. Another resident discussed parking problems on Izard and traffic. November 17, 1986 ' Item No. 11 - Continued Mrs. Bowers spoke again and made the Suggestion be prohibited along Izard at certain times ofthehdayparking There were several other comments made by the various individuals. A motion was then made which stated that the original Board of Adjustment approval side and rear yard encroachmenfor the building to allow construction with no waiver of the six foot g under requirement and that the City's Traffic Engineer fence circulation, access, and parkin g� ed by vote of 5 ayes, 0 noes, 3 absent, and The open passed by a P Position. 1�. November 17, 1986 Item No. 7 - Other Matters (Z -4645-A) Owner: Holly Springs Brick and Tile Company Address: 5705 Patterson Road Description: To reconsider and modify Board of Adjustment a a previous _ approval. STAFF REPORT: In April of 1986, the Board of Adjustment approved a variance for this location to waive some of the screening requirements. The property is zoned "I-2" which requires all outdoor storage to be screened by a 6 -foot opaque area. The Board of Adjustment allowed the owners to have a non-opaque fence along the rear of the property line adjacent to some railroad tracks. An opaque fence was required to be constructed along the two streets, Patterson and Freezer Roads. After reviewing some crime reports and discussing security for the site with the police, the owners are now requesting that they be allowed to place a chain Zink fence along some of the Freezer Road frontage. (A graphic will be available at the hearing that shows the exact location.) The chain link fence would make the rear of the site more visible and easi.e.r for the police to control. If the opaque fence is constructed, it would be very difficult to see any questionable activity taking place on the site. Staff feels this is'a reasonable request and sees no problem with modifying the approval. BOARD OF ADJUSTMENT ACTION: Henry Fullmer, manager of the proposed bri:dk yard, was ---- present. iThere was a long discussion about the request and Mr. Fullmer reviewed the reasons for needing thechainlink fence along Freezer Road. He said that the Poli.`ce had recommended it to make the rear yard more visible. A motion was then made to modify the previous Board of Adjustment approval to allow a chain link fence along a portion of the Freezer Road frontage. The motion was approved by a vate-of 5 ayes, 0 noes, 3 absent, and 1 open position. November 17, 1986 Item No. 11 - Other Matters (Z -4714-A) Owner: Laurie Dwyer Address: 905 or 911 West 14th (SW Corner of West 14th and Izard) Request: Reconsideration of a previous variance approval. STAFF REPORT: In August of this year, the owner was granted two -variances to allow reduced front and side yards for a new building. The Board of Adjustment approved a 5 -foot setback for West 14th Street and a 20 -foot front yard for the Izard Street side with a privacy fence to be constructed along the south property line. At that time, the lot was occupied by a duplex and a small commercial building. The duplex was removed to allow for construction of the new structure. After receiving the necessary approvals from the City, application was made to the Alcoholic Beverage Commission for the new building. The license was denied because of insufficient distance between a building located on the Philander Smith campus and the proposed structure. On October 15, 1986, the existing commercial building was damaged by a fire. After the owners began the repair work, they ran into some difficulties and decided to tear down the entire structure. Work was then initiated on a new building using the same slab without first obtaining a permit. The City stopped the work for various reasons, including removal of a nonconforming structure. The Zoning Ordinance states: "In the event that any structure that is devoted in whole or in part to a nonconforming use is destroyed by fire, explosion or other casualty or the public enemy to the extent of more than 50 percent of the current replacement value immediately prior to such damage, such structure shall not be restored unless such structure and use thereof shall thereafter conform to all regulations of the zoning district in which such structure and use are located. When such damage or destruction is 50 percent or less of the reasonable replacement value of the structure immediately prior to such damage, such structure may be repaired, reconstructed and used for the same purposes as it was before the damage or destruction; provided that such repair or construction is commenced and completed within 12 months of the date of such damage or destruction. November 17, 1986 Item No. 11 - Continued Structures which are developed prior to the passage of this ordinance that complied with the then existing standards for development and which now have been rendered substandard by these new regulations shall be termed "preexisting conforming structures," and in the event of damage or destruction, may be allowed to build back to the original placement." If the building was in place and in use prior to 1937, the adoption of zoning regulations by the City of Little Rock, then the building would be "a preexisting conforming structure." At the suggestion of the staff, the owner researched this and could only find records verifying a commercial use dating back to 1942. The issue before the Board is to determine whether the building can be finished and occupied by applying the previous variance approval to the new location. The structure does not meet the setback requirements for the side and rear yards with the West 14th Street side having a greater setback than what was initially approved. Staff feels comfortable with the new proposal and can support a restructuring of a variance approval with no modification made to the privacy fence requirement. Also, the owner should review the parking layout and circulation with the City's traffic engineer. (Attached is a sequence of events as outlined by Laurie Dwyer.) BOARD OF ADJUSTMENT ACTION: The owner, Laurie,Dwyer, was present. There were eight interested residents in attendance. Ms. Dwyer discussed the issue and the request before the Board. A representative of Philander Smith College addressed the Board and stated for the record that the College did not support any waiver of the ABC regulations. Hazel Bowers, a resident on Izard Street, then spoke. She expressed concerns with traffic circulation and parking on Izard. Mrs. Bowers said that traffic in the neighborhood would increase and that could have a real impact on Izard Street. Jewel Williams also discussed traffic movement and potential loitering problems. Mildred Branson, operator of a beauty shop across Izard, said that she was concerned with the congestion in the immediate area. Tommy Davis, property owner directly to the south, suggested that the alley should be one-way to the south and that he wanted a real privacy fence. Another resident discussed parking problems on Izard and traffic. November 17, 1986 Item No. 11 - Continued Mrs. Bowers spoke again and made the suggestion that parking be prohibited along Izard at certain times of the day. There were several other comments made by the various individuals. A motion was then made which stated that the original Board of Adjustment approval be modified to allow side and rear yard encroachments for'the building under construction with no waiver of the six foot privacy fence requirement and that the City's Traffic Engineer approve circulation, access, and parking. The motion passed by a vote of 5 ayes, O"noes, 3 absent, and 1 open position.