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HomeMy WebLinkAboutZ-5745 Staff Analysisto Meeting Date: December 7,'1993 2. Case No.: Z-5745 3. Request: Establishment of Murphy-Holitic Short -form POD 4. Location: 3200 - 3210 South Bryant Street 5. Owner A licant: Dr. Mark S. Murphy and Dr. George F. Holitik 6. Existing Status: R-2 zoning to POD. Two residential structures have been in use as professional offices for 33 years and are legal nonconforming uses. 7. Proposed Use: The existing office use is proposed to continue. 8. Staff Recommendation: Approval 9. Planning Commission Recommendation: Approval 10. conditions or Issues Remaining to be Resolved: None 11. Right -of -Way Issues: None 12. Recommendation Forwarded With: 9 ayes, no nays, 1 absent, 0 abstention, 1 open position 13. ❑blectors: None 14. Neighborhood Plan: Boyle Park (10) No-tcembe r 16, 1993 ITEM NO_: 9 (Continued) _ FILE NO.: Z-5745 F. STAFF RECOMMENDATIONS: Staff recommends approval of the application. SUBDIVISION COMMITTEE COMMENT: (October 28, 1993) Mr. Jack Murphy was present to represent the applicants. Staff outlined the request to the Committee. The applicant reviewed the discussion outline with Staff and the Committee. After a brief discussion, the Committee forwarded the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (November 16, 1993) Staff presented the item. Staff reported that there is a boundary dispute along the west property line; the neighbor to the west maintains that the fence which he erected many years ago was placed well within his property, but that the new survey which was submitted with the POD application shows the fence encroaching on the applicants' property. Staff explained that since no plat will be required in this POD, the boundary dispute is not germane to the use issue being considered in the POD application and the boundary dispute is a civil matter between the applicants and the neighbor. Staff further reported that the neighbors to the west and south have submitted letters asking that no privacy fence or shrubbery buffer be required along their property lines. Mr. Jack Murphy was present to represent the applicants. Mr. Jack Ruple, the neighbor to the west, was present. Mr. Ruple and Mr. Murphy indicated that they had reached an agreement concerning the boundary dispute. They reported that the surveyor would be brought back out to the site and the property line "re -shot". Dr. Murphy and Dr. Holitik would then execute quit claim deeds to Mr. Ruple for any portion of their property on which the fence stands. Mr. Ruple reported that, since Bryant Street had been widened and improved, the street had become a "raceway" for cars; that cars speed on Bryant Street, and that access to Bryant Street from 32nd. Street is hazardous. Commission members indicated that the Commission does not have any review jurisdiction in matters such as this, but that the proper authorities could be notified and that a request could be made to have the speed laws enforced along Bryant Street. Following this report and interchange, a motion was made and seconded to recommend approval of the POD to the Board of Directors. The motion carried with a vote of 9 ayes, no nays, 1 absent, no abstentions, and 1 open position. 3 19c�Zerqber 16, 1993 ITEM NO.: 9 FILE NO.: Z-5745 NAME: Murphy-Holitic -- Short -form Planned Office Development LOCATION: At the north-west corner of West 32nd. Street and South Bryant Street, at 3200 and 3210 South Bryant Street DEVELOPER: Mark S. Murphy, D.D.S. 3210 South Bryant Street Little Rock, AR 72204 565-8221 and George F. Holitik, M.D. 3200 South Bryant Street Little Rock, AR 72204 568-1155 AREA: 0.299 ACRES NUMBER OF LOTS: 2 FT. NEW STREET: 0 ZONING: R-2 to POD PLANNING DISTRICT: 10 CENSUS TRACT: 21.02 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: PROPOSED USES: Professional offices The applicant proposes the establishment of a POD in order to bring the existing professional office uses into compliance with the Zoning Ordinance. The professional officds were in place in the two residences at the locations when the area was annexed, and have remained as legal non -conforming uses. The applicants request the POD in order for the properties to no longer be non- conforming. No modifications to the structures or changes in the uses are proposed or anticipated. A. PROPOSAWREOUEST: Review by the Planning Commission and approval by the Board of Directors is requested for the establishment of a POD for the two applicants. The applicants, a physician and a dentist, occupy two legal non -conforming uses in a residential zone, and wish to establish the POD so that they will no longer be non -conforming. No modifications to the structures or premises or to the uses of the property are November 16, 1993 ITEM NO.: 9 (Continued) FILE NO.: Z-5745 anticipated. The applicants request that the POD allow convertibility to other uses as provided in the 0-1 zoning district. B. EXISTING CONDITIONS: The site is presently occupied by two brick residential structures which have been used for professional offices for, the applicant states, 33 years. The zoning of the property is R-2, but the properties were professional offices when the area was annexed, so they have continued as legal non -conforming uses. The area is predominantly residential, although Southwest Junior High School is across Bryant Street to the east, and a church occupies the property cater -corner to the north-east. C. ENGINEERING UTILITY COMMENTS: Engineering, Water Utility, and Wastewater had no comments on this issue. Southwestern Bell and ARKLA Gas approved the submittal without comment. The Fire Department approved the submittal without comment. Site Plan review notes that a 6 foot high opaque "good neighbor" fence or evergreen screening shrubs are required along the western and southern perimeters of the property. D. ISSUES/LEGAL/TECHNICAL/DESIGN: A schematic landscaping plan needs to be provided. The site plan notes that the abutting property owner's fence in on the applicants' property. Resolution of this encroachment needs to be handled. The Planning Staff reports that the site is in the Boyle Park District and is in a single family neighborhood. Other than the school across the street, there are no other non- residential uses in the area. The land use plan should not be changed; the area is and should remain residential. The POD which is requested should be limited to the existing professional uses. Any other uses should be limited to those allowed by right in the 110-1" district. E. ANALYSIS• The uses have been in existence for 33 years, and no changes are anticipated. There is no outstanding issues to be resolved. The applicant has agreed to comply with all requirements. 2 FILE NO.: Z-5745 NAME: Murphy-Holitic -- Short -form Planned Office Development LOCATION: At the south-west corner of West 32nd. Street and South Bryant Street, at 3200 and 3210 South Bryant Street DEVELOPER: Mark S. Murphy, D.D.S. 3210 South Bryant Street Little Rock, AR 72204 565-8221 and George F. Holitik, M.D. 3200 South Bryant Street Little Rock, AR 72204 568-1155 AREA: 0.299 ACRES NUMBER OF LOTS: 2 FT. NEW STREET: 0 ZONING: R-2 to POD PLANNING DISTRICT: 10 CENSUS TRACT: 21.02 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: PROPOSED USES: Professional offices The applicant proposes the establishment of a POD in order to bring the existing professional office uses into compliance with the Zoning Ordinance. The professional offices were in place in the two residences at the locations when the area was annexed, and have remained as legal non -conforming uses. The applicants request the POD in order for the properties to no longer be non- conforming. No modifications to the structures or changes in the uses are proposed or anticipated. A. PROPOSAL RE VEST: Review by the Planning Commission and approval by the Board of Directors is requested for the establishment of a POD for the two applicants. The applicants, a physician and a dentist, occupy two legal non -conforming uses in a residential zone, and wish to establish the POD so that they will no longer be non -conforming. No modifications to the structures or premises or to the uses of the property are anticipated. The applicants request that the POD allow convertibility to other uses as provided in the 0-1 zoning district. FILE NO.: Z-5745 (Continued) B. EXISTING CONDITIONS: The site is presently occupied by two brick residential structures which have been used for professional offices for, the applicant states, 33 years. The zoning of the property is R-2, but the properties were professional offices when the area was annexed, so they have continued as legal non -conforming uses. The area is predominantly residential, although Southwest Junior High School is across Bryant Street to the east, and a church occupies the property cater -corner to the north-east. C. ENGINEERING/UTILITY COMMENTS: Engineering, Water Utility, and Wastewater had no comments on this issue. Southwestern Bell and ARKLA Gas approved the submittal without comment. The Fire Department approved the submittal without comment. Site Plan review notes that a 6 foot high opaque "good neighbor" fence or evergreen screening shrubs are required along the western and southern perimeters of the property. D. ISSUES/LEGAL/TECHNICAL/DESIGN: A schematic landscaping plan needs to be provided. The site plan notes that the abutting property owner's fence in on the applicants' property. Resolution of this encroachment needs to be handled. The Planning Staff reports that the site is in the Boyle Park District and is in a single family neighborhood. Other than the school across the street, there are no other non- residential uses in the area. The land use plan should not be changed; the area is and should remain residential. The POD which is requested should be limited to the existing professional uses. Any other uses should be limited to those allowed by right in the 110-1" district. E. ANALYSIS• The uses have been in existence for 33 years, and no changes are anticipated. There is no outstanding issues to be resolved. The applicant has agreed to comply with all requirements. F. STAFF RECOMMENDATIONS: Staff recommends approval of the application. E FILE NO.: Z-5745 Continued SUBDIVISION COMMITTEE COMMENT: (October 28, 1993) Mr. Jack Murphy was present to represent the applicants. Staff outlined the request to the Committee. The applicant reviewed the discussion outline with Staff and the Committee. After a brief discussion, the Committee forwarded the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (November 16, 1993) Staff presented the item. Staff reported that there is a boundary dispute along the west property line; the neighbor to the west maintains that the fence which he erected many years ago was placed well within his property, but that the new survey which was submitted with the POD application shows the fence encroaching on the applicants' property. Staff explained that since no plat will be required in this POD, the boundary dispute is not germane to the use issue being considered in the POD application and the boundary dispute is a civil matter between the applicants and the neighbor. Staff further reported that the neighbors to the west and south have submitted letters asking that no privacy fence or shrubbery buffer be required along their property lines. Mr. Jack Murphy was present to represent the applicants. Mr. Jack Ruple, the neighbor to the west, was present. Mr. Ruple and Mr. Murphy indicated that they had reached an agreement concerning the boundary dispute. They reported that the surveyor would be brought back out to the site and the property line "re -shot". Dr. Murphy and Dr. Holitik would then execute quit claim deeds to Mr. Ruple for any portion of their property on which the fence stands. Mr. Ruple reported that, since Bryant Street had been widened and improved, the street had become a "raceway" for cars; that cars speed on Bryant Street, and that access to Bryant Street from 32nd. Street is hazardous. Commission members indicated that the Commission does not have any review jurisdiction in matters such as this, but that the proper authorities could be notified and that a request could be made to have the speed laws enforced along Bryant Street. Following this report and interchange, a motion was made and seconded to recommend approval of the POD to the Board of Directors. The motion carried with a vote of 9 ayes, no nays, 1 absent, no abstentions, and 1 open position. Q