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HomeMy WebLinkAboutZ-5955 MapApril 24, 1995 Item No.- A File No.: Owne r Address- Descri tion- zoned: Variance Requested: Justification: Present use of Pro ert : Proposed Use of Prope_rt : Staff Report: A. Encrineering Issues: z-5955 Merrill and Jean Breeze by Shelby Weaver 7901 Asher Avenue Long legal describing part of the West 1/2, NE 1/4, NE 1/4, Section 23, T -1-N, R -13-W, Little Rock, Arkansas The portion of the property being considered for the variance is zoned I-2. The remainder of the property is zoned R-2. From the pavement requirements of Section 36-508 to permit use of an unpaved parking lot for a used car sales lot for a period of one-year. After receiving a privilege license to open a car lot on this property, the applicant placed vehicles on a gravel parking lot adjacent to the building. Only after doing so was he given notice to pave the parking lot. Finances do not allow the applicant to do the paving at this time. vacant commercial building Used car lot Dedicate additional right-of-way on Asher Avenue to 45 feet from centerline as required by Master Street Plan. Seek City Engineer's approval of in -lieu for 15% of construction cost for widening of Asher Avenue (recommended due to small amount of construction indicated at this time). Install sidewalk. Proper driveway apron required per city standards. Stormwater detention calculations are required per City Ordinance. April 24, 1995 Item No.: A Cont.) B. Staff Analysis: This issue is before the Board as a zoning enforcement matter. The applicant requests a one year deferral of the paving requirement for a used car lot proposed for this I-2 zoned property. Based on verbal approval from the City's zoning staff that this I-2 zoned property could be used as car lot, the applicant leased the site. He then obtained a privilege license and placed vehicles on a gravel display area adjacent to the building. At that point, the codes enforcement officer for that district issued a notice to the applicant advising him that the display area and parking lot had to be paved. The applicant attempted to break his lease but was unable to do so. He is not able to properly pave and landscape the lot at this time but has agreed to bring it into compliance in one year. The property has a long history of use as a variety of commercial businesses and has never had a paved parking lot. The proposed use of the gravel parking lot for one year should not have an impact on adjacent properties. The large parking lot for the now defunct Capitol City Junior College is adjacent to the east. The vacant area of R-2 zoned property adjacent to the south is owned by the applicant's landlord. The large Borden Dairy complex is across Asher Avenue and the property to the west is also zoned I-2. Staff believes the request to be reasonable and supports the one year deferral of the paving requirement. C. Staff Recommendation: Staff -recommends approval of the one year deferral of the paving requirement subject to the following conditions: 1. Compliance with the City Engineer's Comments 2. At the end of one year, the parking lot is to be paved, landscaped and screened to comply with Code requirements. BOARD OF ADJUSTMENT: (FEBRUARY 27, 1995) The applicant, Shelby Weaver, was present. There were no objectors present. Staff presented the item and informed the Board that Mr. Weaver had not properly notified adjacent property owners of the Board meeting. 2 April 24, 1995 Item No.: A (Cont. In response to a question from Chairman Terry, Mr. Weaver acknowledged that he did not follow the proper procedure. A motion was made to defer the item to the March 27, 1995 Board meeting to allow the applicant an opportunity to properly notify adjacent property owners. The vote was 8 ayes, 0 noes, 0 absent and 1 open position. BOARD OF ADJUSTMENT: (MARCH 27, 1995) The applicant was not present. There were no objectors present. Staff presented the item and informed the Board that the applicant had requested that the item be deferred to the April 24, 1995 Board meeting. The applicant had again failed to properly notify adjacent property owners. It was pointed out to the Board that this would be the applicant's second and final deferral. A motion was made to defer the item to the April 24, 1995 Board meeting to allow the applicant an opportunity to properly notify adjacent property owners. The vote was 9 ayes, 0 noes and 0 absent. BOARD OF ADJUSTMENT: (APRIL 24, 1995) George Compton was present representing the application. There was one objector present. Staff presented the item and a recommendation of approval. The board was informed that the applicant had not followed the complete notification procedure outlined in the Board's Bylaws. The applicant had researched the county tax records himself for the names of owners of property located within 200 feet of his site. He also mailed a copy of the application form to these persons rather than the "Notice of Public Hearing" form. The Board reviewed the list of names and a copy of a Bagley map provided by the applicant. It was noted that all pertinent information such as the date and time of the public hearing was on the application form which had been mailed. After a brief discussion, a motion was made to waive the bylaw notice provision and accept the notices as done by the applicant. The motion was approved with a vote of 8 ayes, 0 noes and 1 absent. Mr. Compton offered no comments at this time other than to say that he understood staff's recommendation. Mike Kumpuris, President of the Westwood Neighborhood Association, addressed the Board in opposition to the variance. He stated that the unpaved parking lot would not be an improvement for the Asher Avenue area and, in fact, that the proposal went against efforts to upgrade and improve the area. Mr. Kumpuris questioned whether the applicant would be able to fund the required improvements within one year. 3 April 24, 1995 Item No.: A (Cont.) Chairman Terry stated that he thought the one year deferral should begin at February 27, 1995, the date that the item was first scheduled before the Board. Chairman Terry than asked staff what would happen at the end of the requested one year period. Dana Carney, of the Planning Staff, responded that the parking lot would either be paved, landscaped and buffered to comply with Ordinance requirements or the City's Code Enforcement staff would initiate action against the applicant. In response to a question from John Borchert, Mr. Kumpuris stated that the area along Asher Avenue is included in the Westwood Neighborhood Association. Mr. Compton stated that it was the applicant's intent to upgrade the property and the building but that the expense of paving the parking lot at this time was too great. A brief discussion then followed concerning the proposed widening of Asher Avenue and its impact on the property. A motion was made to approve the requested one year deferral of the paving requirement subject to the following conditions: 1. The one year deferral period is to begin on February 27, 1995 and end on February 27, 1996. 2. Compliance with the City Engineer's Comments 3. At the end of the one year period, the parking lot is to be paved, landscaped and screened to comply with Code requirements. The motion was approved with a vote of 8 ayes, 0 noes and 1 absent. 4 April 29, 1996 ITEM NO_: 10-5955 OTHER MATTERS APPLICANT: Shelby Weaver ADDRESS: 7901 Asher Avenue TYPE OF ISSUE• 6 month extension of a previously granted variance from Section 36-508 to permit use of an unpaved parking lot for a used car sales lot. STAFF REPORT: This issue is before the Board as a result of action by the Codes Enforcement Staff. on April 24, 1995, the Board approved a one year deferral of the paving requirements for the used car sales lot located at 7901 Asher Avenue. The deferral was granted subject to the following conditions: 1. The one year deferral period began on February 27, 1995 and ended on February 27, 1996. 2. Compliance with the City Engineer's Comments 3. At the end of the one year period, the parking lot was to be paved, landscaped and screened to comply with Code requirements. As of February 27, 1996, the parking lot had not been brought into compliance and the applicant was still displaying used cars on the unpaved lot. On February 28, 1996, the Codes Enforcement Staff issued a citation to Mr. Weaver requiring his appearance in Municipal Court. Mr. Weaver subsequently pled guilty and disposition was set for May 1, 1996. The applicant is now requesting a 6 month extension of the previously granted deferral of the paving requirements. He states that he now has an arrangement with a company which will finance sales from his car lot and that he will have funds within 6 months to bring the property into compliance. This additional 6 months, when added to the original deferral, gives a total deferral of the paving requirement of 18 months. Staff can support this additional 6 months, extending the deferral until August 27, 1996. April 29, 1996 ItemNa_ 10 Cont. OTHER MPTTERS STAFF RECOMMENDATION Staff recommends approval of the requested 6 month extension. The 6 month extension is to run from February 27, 1996 to August 27, 1996. All previously imposed conditions are still in place. BOARD OF ADJUSTMENT. (APRIL 29, 1996) C. W. Callahan was present representing the applicant. There was one objector present. Staff presented the item and recommended approval of a 6 month extension to run from February 27, 1996 to August 27, 1996. Mr. Callahan stated that he had just gone into business with Mr. Weaver and was only recently made aware of the issue. He stated that the property would be brought into compliance and asked that the 6 month deferral begin on April 29, 1996 rather than February 27, 1996. Mike Kumpuris, President of the Westwood Neighborhood Association, addressed the Board. He stated that the site was unsightly. Mr. Kumpuris also stated that it appeared there had been no effort to bring the property into compliance. He stated that Westwood was a good neighborhood but that Asher Avenue was a problem. He stated that the problem could be rectified by requiring adherence to ordinance requirements. He then presented a petition signed by persons opposed to the item. Mr. Kumpuris noted that other properties in the area had been developed in compliance with ordinance Standards. Mr. Callahan agreed that other properties had been developed to comply with ordinance Standards. He stated that those other property owners had more money to develop their sites. Kirby Rowland noted that the Board had approved a one year deferral. He asked what assurance there was that the property would be brought into compliance. Mr. Callahan stated that the new financing arrangement would provide more funds to pay for the improvements. Kirby Rowland stated that the applicant should have come back to the Board prior to the original deferral expiring. He stated that it appeared nothing had been done to bring the site into compliance. Eugene Terry also commented that the applicant should have done more to work with the City. Mr. Callahan asked if it would be better to give him time to upgrade the site or for him to vacate the property and move the business out of the City. K April 29, 1996 Item No.: 10 C nt.OTHER MATTERS In response to a question form Kirby Rowland, Mr. Callahan stated that he would like the 6 month deferral to begin on April 29, 1996. A motion was made to approve a final 6 month extension to run from February 27, 1996 to August 27, 1996, with all previously imposed conditions to still be in effect. The motion was approved by a vote of 5 ayes, 2 noes and 2 absent. 3