HomeMy WebLinkAboutZ-6327 Staff AnalysisJune 30, 1997
Item No.• 7
File No.
Owner:
Address•
Description•
zoned•
Variance Requested:
Justification:
Z-6327
Gordon and Connie Gibson
13006 Lawson Road
Part of the SE 1/4, NE 1/4, Section
20, T -1-N, R -13-W
R-2 (nonconforming)
A variance is requested from the
fencing provisions of Sections 36-
153(e) and 36-321(b).
Applicant's Statement: The subject
property is located outside the
city limits of the City of Little
Rock. It is my understanding that
the City has elected to exercise
extra -territorial jurisdiction over
the property. Dr. Gibson's use of
his property is a non -conforming
use. The property has been owned
by Dr. Gibson for approximately 10
years and has been used for his
personal hobby of collecting and
refurbishing various types of
vehicles. At no time has Dr.
Gibson received complaints from the
neighbors or from other property
owners regarding his use of the
property. As a matter of fact, the
use of the property is not visible
from the adjacent properties to the
north, west or east because of the
existing terrain and the vegetation
and trees which provide a natural
buffer. Dr. Gibson on his own
initiative has built an 8 foot
fence on his property to screen the
view of the vehicles from Lawson
Road. The fence is 8 feet tall
which complies with the 8 foot
fencing requirements of the City
Code. Because of the sloping
terrain on the east side of the
subject property, and the natural
trees and vegetation above and on
the slope, an 8 foot fence on this
June 30, 1997
Item No.: 7 (Cont.) -
Present use of Property:
side of the property would be of no
significance in blocking the view
of any adjoining property owners.
Additionally, the adjoining
properties to the north and west of
the subject property are
sufficiently buffered by the
natural vegetation and trees
abutting Dr. Gibson's property.
The subject property is not a
commercial junkyard and is not used
for the commercial purpose of
storing vehicles. It is a personal
hobby of Dr. Gibson's to restore
and refurbish vehicles. He has
consistently used the property for
this purpose since he purchased it
approximately ten years ago.
Dr. Gibson is filing for a variance
from the strict application of
Sections 36-153(e) and 36-321(b) of
the Little Rock Code of Ordinances.
Strict Enforcement of the fencing
requirements of these sections will
cause undue hardship unique to this
property because the erection of an
8 foot fence around the portion of
the property on which Dr. Gibson
will temporarily store certain
vehicles is not necessary due to
the natural buffers presently on
the property and the adjoining
properties. Fencing the property
will be of no significant benefit
to the adjoining landowners or the
general public. Allowing Dr.
Gibson's newly erected fence to
screen the view of the vehicles
from Lawson Road and leaving the
remainder of the property in its
natural vegetative state without
constructing a fence within the
natural buffers will be in keeping
with the spirit and intent of the
zoning ordinances which require
screening of property used in the
storage, processing, dismantling or
transport of auto bodies.
Auto repair and auto salvage
Proposed use of Property: Auto repair and auto salvage
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June 30, 1997
Item No.: 7 (Cont.)
Staff Report:
A. Public Works Issues:
No issues without construction proposed, except, Lawson Road
is a minor arterial on the Master Street Plan. Right-of-way
is 90 feet; 45 feet from centerline. Dedicate additional
right-of-way to bring into conformance with Master Street
Plan.
B. Staff Analysis:
This issue is before the Board as a result of action by the
Codes Enforcement Staff. The property at 13006 Lawson Road
is occupied by Dale's Automotive. The rear portion of this
site is being used by the land owner, Gordon Gibson, for the
storage of inoperable and wrecked automobiles. The property
is outside of the city limits but is within the City's
planning and zoning jurisdiction. The site is zoned R-2 and
the auto repair and salvage yard are nonconforming.
The City's Zoning ordinance defines a junk or salvage yard
as:
"any establishment maintained, used or operated
for the storing, keeping, dismantling,
salvaging, buying or selling of:
(1) Scraps or discarded pieces of metal,
paper, rags, tires, bottles and other
materials.
(2) Inoperable, wrecked, scrapped, ruined or
discarded automobiles, automobile parts,
machinery or appliances.
A junk or salvage yard shall not include
premises on which such uses are conducted
entirely within a completely enclosed building,
nor shall a junk or salvage yard include
premises used primarily for the sale or storage
of operable automobiles or for the overhaul or
full repair thereof, so long as no inoperable
junk or wrecked automobile remains outside more
than thirty (30) days. Any premises on which
there remains outside more than thirty 30
days an inoperable, partially dismantled,_
wrecked or iunked automobile shall be deemed
for the purpose of this chapter, a funk or
salvage Yard.
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June 30, 1997
Item No.: 7 (Cont.)
The City has established standards requiring the screening
of automobile salvage yards and similar uses, both
nonconforming and conforming.
Section 36-153(e) addresses nonconforming uses such as this
case as reads as follows:
(e) Amortization of certain standards. For
purposes of automobile salvage yards and
similar uses which are nonconforming with
respect to the standards set forth in Section
36-321, the following standards shall apply:
(1) All areas of land utilized in the storage,
processing, dismantling or transport of
auto bodies or similar vehicle bodies
shall be brought into compliance with the
provision of Section 36-321 within four
(4) calendar years beginning January 30,
1992.
(2) Once compliance has been gained with the
provisions of Section 36-321, the
boundaries of the then occupied salvage or
storage area shall not be expanded to any
existing owned land or adjacent lands.
Nonconforming salvage yards and similar uses were required
to come into conformance with the standards set forth in
Section 36-321. The standards established in that section
are as follow:
(b) Development criteria. Unless otherwise
specifically provided for in this section, the
following development criteria shall apply to
this district:
(1) Every use that is devoted to the
collection storage, salvage, or scrapping
of automobiles, trucks, buses, or other
self-propelled vehicles shall provide on
all sides of such operations an eight (8)
foot opaque wall or fence. The fence or
wall shall be constructed of wood or metal
so as to preclude the passage of light or
air.
(2) In addition to the screening requirements
of (b)(1) of this section, all uses that
stack or pile the chassis or bodies of
vehicles shall be limited to a maximum
stacking height of fifteen (15) feet at
any point on the property. This
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June 30, 1997
Item No.: 7 (Cont.
measurement shall be from the uppermost
point of the stack to ground..elevation on
any side.
In January 1996, Mr. Gibson was notified that his property
was not in compliance with the Code requirement that his
salvage yard be enclosed by an eight foot opaque wall or
fence. The issue subsequently ended up in court. Mr.
Gibson has constructed an eight foot tall opaque wood fence
across a portion of the front of the salvage yard. The
sides and rear of the area are not enclosed but are screened
somewhat by natural vegetation. The court directed Mr.
Gibson to file a variance with the Board of Adjustment in
order to fully exhaust all remedies at the city level.
Mr. Gibson has now filed with the Board requesting a
variance so as not to have to construct the required eight
foot opaque wall or fence on the sides and rear of the
salvage yard. He states that the fence on the front
provides screening from the road and the natural vegetation
provides screening from the adjacent properties .He feels
that this meets the spirit and intent of the ordinance
requirement to screen the area devoted to the salvage yard.
Staff disagrees with Mr. Gibson's interpretation and does
not support his request for a variance.
The natural vegetation, while providing some of the visual
screening characteristics of the opaque wall or fence, does
not fulfill completely the same function. Natural
vegetation thins out and dies back during the winter months
and would no longer provide visual screening. The opaque
wall or fence is to be so constructed as to preclude the
passage of light and air. This provides additional
protection to adjacent properties from the noise, odors and
pests associated with salvage yards that natural vegetation
cannot provide. An eight food wall or screen also provides
security that would keep children out of the salvage yard
that natural vegetation cannot provide. Finally, fencing
the area now devoted to the salvage yard would help to
assure that the boundaries of the salvage yard could not be
expanded onto my existing land owned by Mr. Gibson or any
adjacent lands.
C. Staff Recommendation:
Staff recommends denial of the requested variance.
BOARD OF ADJUSTMENT:
(JUNE 30, 1997)
The applicant was not present. There were no objectors present.
Staff informed the Board that the applicant had decided to
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June 30, 1997
Item No.: 7 (Cont.
install the required screening fence and had withdrawn the
variance request.
A vote was taken on the applicant's request for withdrawal. The
vote was 8 ayes, 0 noes and 1 absent.
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