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HomeMy WebLinkAboutZ-5135 Staff AnalysisFebruary 27, 1989 Item No. 4 - Other Matters File No. Z -5135-A 2 er: Address: Zoned: !La rkgDges_Re,gyeste j: STAFF_ANALYS151 i .Vi Ilk � D Roger Horton 12412 Sardis Road "R-2" Single Family 1. Waiver of the filing fee per the recommendation from the Little Rock Planning Commission. 2. Interpretative issue as to the expansion of a non -conforming use. This request was transferred to the Board of Adjustment from the Planning Commission at the January 24, 1989 rezoning - hearing. The applicant was before the Planning Commission seeking a commercial zoning to -the property at 12421 Sardis Road. Presently, the property is zoned residential with the operation of a commercial use being a printing company which makes the use non -conforming. The transfer of this case was recommended because of the reservations expressed by several Commissioners to rezone the property. The Planning Commission felt a clarification from the Board of Adjustment was needed due to the issues involved with the request to rezone. The two issues associated with this request are: A. The applicant has been instructed by the Little Rock Fire Marshall that a separate area is needed at the business for the storage of cleaning fluids used in the operation of the business. It is the applicant's intent to build the addition adjacent to the principal structure along with a security fence around the site. B. In place but constructed since the property came into the City is a parking apron 32' x 30' with a 5' x 38' covered walkway which was sited by the Zoning Enforcement Office as an expansion of the use. February 27, 1989 Item No. 4 (Continued) Other Matters By recommending to the Board of Adjustment a waiver of the filing fee, it was the intent of the Planning Commission to defray any more expense to the applicant than what had already been incurred. The issue before the Board of Adjustment is a determination as to whether the construction of the new addition as directed by the Litlte Rock Fire Marshall and the maintaining of the parking apron/covered walkway constitute an expansion of the non -conforming use that is presently in existance. `o& pre, w March 7, 1989 Item No. D Z-5135 Owner: Applicant: Location: Roger & Winston Horton Roger Horton 12412 Sardis Road Request: Rezone from "R-2" to "C-3" Purpose: Print shop Size: 3.29 acres Existing Use: Print shop (nonconforming) SURROUNDING LAND USE AND ZONING: North - Single family, zoned "R-2" South - Auto repair garage, zoned "R-2" East - Single family, zoned "R-2" West - Single family and air conditioning company, zoned "R-2" PLANNING CONSIDERATIONS: 1. The request is to rezone 3.3 acres on Sardis Road from "R-2" to "C-3" and was filed after a building permit was denied. The property is currently occupied by a print shop, a nonconforming use, and the building permit was rejected because the Zoning Ordinance does not allow expansion of nonconforming uses. Some construction has been completed but the owner is considering additional expansion in the future and would like to have the necessary rezoning accomplished at this time. The parcel is located south of Alexander Road and just north of the proposed alignment for the South Loop which is the tract of land identified by Z- 4609. Zoning is primarily "R-2" with the exception of a small "C-3" parcel at the southwest corner of Sardis and Alexander Roads. North of Alexander Road and west of Sardis Road the zoning is more varied and includes "0-3,11 "C-2," "1-1" and "1-2." Land use is single family, commercial, auto repair garage, an air conditioning company and some parcels are vacant. 2. The site has one structure on it and some of the property is paved for parking, drives and loading areas. March 7, 1989 Item No. D - Z-5135 (Continued) 3. Sardis Road is classified as a minor arterial which has a standard right -of --way of 90 feet. 4. Engineering reports that the existing right-of-way for Sardis Road is deficient and dedication of additional right -•of -way will be required. 5. There are no legal issues. 6. There is no documented history or neighborhood position on the site. 7. The property at 12412 Sardis Road is in the Otter Creek District Plan area and the adopted land use shows the site as single family. Most of the area south of Alexander Road is shown on the plan to remain single family. Staff's position is that the plan should be maintained at this time and does not support the "C-3" reclassification. The plan identifies the intersection of Alexander and Sardis, the northwest and southwest corners, for commercial development and that is where the commercial zoning should be -restricted. Some of the land at the intersection is zoned either "C-2" or 11C-3" at this time with the majority still undeveloped. A commercial rezoning at the location in question could have an adverse impact on the surrounding single family uses and set precedent for a strip zoning pattern along Sardis Road. STAFF RECOMMENDATION: Staff recommends denial of the 11C-3" rezoning as requested. PLANNING COMMISSION ACTION: (January 24, 1989) The applicant, Roger Horton, was present. There were no objectors. Mr. Horton said he was unaware of the "R-2" zoning when the site was annexed into the City and has been in operation for seven years. He went on to describe the area and the other non-residential uses in the immediate vicinity. Mr. Horton said he was planning to do some additional construction and discussed the parking area that created the need for the rezoning request. Additional comments were made about various issues, including the possibility of having the Board of Adjustment review the construction and the issue of expanding a non -conforming use. March 7, 1989 Item No. D -- Z-5135 (Continued) _ A motion was made to defer the item to the March 7, 1989 Planning Commission meeting and to refer the expansion question to the Board of Adjustment. The motion also included waiving any additional filing fees. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (March 7, 1989) The Staff reported that the Board of Adjustment determined that the new construction was not an expansion of a nonconforming use and the owner submitted a request for withdrawal without prejudice. A motion was made to withdraw the rezoning request without prejudice. The motion was approved by a vote of 9 ayes, 0 nays and 2 absent.