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HomeMy WebLinkAboutZ-7207 Staff AnalysisApril 29, 2002 ITEM NO.: 10 File No.: Owner: Address: Z-7207 Jim and Connie Wright 14 Maywood Drive Description: West side of Maywood Drive, approximately 300 feet south of Cantrell Road Zoned: R-2 Variance Requested: The applicant is requesting an appeal of an administrative interpretation, in order to recognize the property as a nonconforming' use. Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The applicant's justification is presented in an attached letter. Single Family Residential Auto Repair The R-2 zoned property at 14 Maywood Drive contains a one-story brick and frame single family residence and two (2) accessory garage buildings. The property is located in a small "island" area which was recently annexed into the City of Little Rock. The City's extraterritorial zoning was extended to include this area in 1990. When the City's jurisdiction was extended the welding shop at the southwest corner of Cantrell Road and Maywood Drive (immediately north of 14 Maywood Drive) was given a nonconforming C-4 status to recognize the existing commercial use. This property was zoned R-2. April 29, 2002 Item No.: 10 (Cont. The City's Zoning Enforcement Staff recently received a complaint that the westernmost accessory building/garage on the property at 14 Maywood Drive was being used as a commercial business, possibly expansion of the nonconforming welding business immediately to the north. On March 18, 2002 the Zoning Enforcement Staff issued a notice to Jim and Connie Wright to cease the use of the garage structure at 14 Maywood Drive for business purposes. This was based on the fact that the City's Enforcement Officer observed possible business activity involving the accessory building, including iron fence materials in the building. The property owners, Jim and Connie Wright, contend that the accessory building/garage at the rear of the property at 14 Maywood Drive should have a nonconforming C-4 status based on the fact that an auto repair business had previously been operated in the building. Staff instructed the Wrights to submit written, dated documentation showing that the building had been used for auto repair. The Wrights did submit some documents, but staff determined that the documentation submitted was not enough to show that an auto repair business has been continually operated at 14 Maywood Drive since 1990. The documents presented to staff by the Wrights are attached for Board of Adjustment review. Therefore, Jim and Connie Wright are requesting an appeal of staff's administrative interpretation, in order to operate an auto repair business in the westernmost accessory building on the property at 14 Maywood Drive. The Board of Adjustment is asked to determine if an auto repair business should be recognized as a nonconforming use of this property. As of this writing, staff has asked the Wright's attorney to provide additional documentation relating to the past use of the property at 14 Maywood Drive. BOARD OF ADJUSTMENT: (APRIL 29, 2002) David Henry, Jim and Connie Wright and Larry Miller were present, representing the application. There were several persons present in opposition to the application. Staff explained the applicant's request for appeal and provided a brief history of the property. Staff explained that the property was located immediately south of the welding shop at the southwest corner of Maywood Drive and Cantrell Road. David Henry, the Wright's attorney, addressed the Board in support of the application. He noted that Pulaski County 9-1-1 had assigned the address of 14 Maywood Dr. to this property. He presented the Board with a sketch of this property and the surrounding property. He stated that the property was utilized FA April 29, 2002 Item No.: 10 (Cont.) for an auto repair business when it was brought into the City's jurisdiction in 1990. He noted that the auto repair business had been on the property since 1986 or 1987. Larry Miller, the previous owner of 14 Maywood Drive, addressed the Board. He noted that the auto repair business was started in 1986 or 1987. He noted that it was a full-time business for 12 or 13 years, then part-time until mid-January or February of this year when he moved from the property. He also noted that a wrecker service was associated with auto repair business. Mr. Henry noted that the Wrights proposed to access the property from Cantrell Road and not Maywood Drive. Cindy Dawson, City Attorney, asked for clarification on the past use of the property. Mr. Miller explained the previous use of the property as noted above. Vice -Chairman Gray noted that the City's Code Enforcement office had observed equipment in the garage building. Mr. Miller explained that those were his tools. Mr. Henry noted that the Wrights did have fencing materials stored in the building. There was additional discussion of the past use of the property. Cindy Dawson asked if there were income tax records for the past auto repair use. Mr. Miller noted that he could come up with tax records if necessary. Vice -Chairman Gray asked if any other records existed. Mr. Miller noted that he had no place to store records and had discarded most of them. Mr. Henry stated that the Wrights had improved the property by paving the drives and fencing the perimeter. Gary Langlais asked if a nonconforming use went with the property or an individual owner. Cindy Dawson noted that a nonconforming use could be transferred from owner to owner. Alicia Finch, president of the Maywood Manor Neighborhood Association, spoke in opposition to the application. She presented the Board with photos of the Wright's property. She referenced letters sent to staff and provided to the Board. She expressed concerns with the expansion of the welding shop. She noted that there had not been an auto repair garage at 14 Maywood Drive in several years. She noted that the Wrights had recently expanded the welding shop by moving the fence and expanding the outside storage area. She noted concerns with traffic (loading and unloading of welding supplies along Maywood Drive) and discussed. She also noted concern with fire and safety issues and explained. 3 April 29, 2002 Item No.: She questioned the validity of the receipts given to staff by the applicants. She noted that there had been no business activity on the site in the past 12 months. She also noted that Mr. Miller is shown as the property owner, according to county records. Vice -Chairman Gray asked Ms. Finch how she thought that the Wrights had expanded the welding business. Ms. Finch noted that the outside storage area had been expanded and that the use had been expanded into the accessory garage at 14 Maywood Drive. Mr. Henry showed the Board a copy of the deed which had yet to be recorded. He noted that trucks which deliver to the welding shop will begin to use the access drive from Cantrell Road. He also noted that the Wrights' family live in the immediate area. The driveway from Cantrell Road was briefly discussed. Mr. Henry noted that this was not a new drive, just newly paved. He stated that the drive had existed for over 30 years. Chairman Ruck asked how the Wrights intended to use the garage building. Mr. Henry noted that the Wrights wished to paint fence materials in the garage building, or use it for auto repair. He also mentioned office/warehouse as a possible use. Vice -Chairman Gray asked if both accessory structures on the property at 14 Maywood Drive had been used for business activity. Mr. Henry explained that only the westernmost structure had been used as the auto repair business. He identified the building on the map he provided to the Board. Janet Hughes, of 37 Maywood Drive, spoke in opposition to the application. She asked that any statements made be part of the public record. Carol Bulloch, of 11 Dee Dee Circle, also spoke in opposition. She noted that the garage building could be seen from her front porch. Victor Bulloch, of 11 Dee Dee Circle, also spoke in opposition. He noted concern with future use of the property by the Wrights. Russell Lynch, of 21 Maywood Drive, noted safety concerns. He noted that in the past, trucks had unloaded welding supplies along Maywood Drive. Ms. Finch stated that she had no problem with the improvements that the Wrights had made to the property. She expressed concern with the expansion of the welding shop business. She stated that the activity which taken place on this property affects the entire neighborhood. 4 April 29, 2002 Item No.: 10 (Cont. Gary Langlais asked to hear from the City's Zoning Enforcement Staff. Kenny Scott, Zoning Enforcement Coordinator, noted that several inspections of the property were made as a result of complaints received regarding the expansion of the welding business. He noted that a courtesy notice was issued on March 18, 2002 based on evidence of welding materials being stored in the garage structure at 14 Maywood Drive. He explained that the receipts provided to staff by the Wrights did not contain enough evidence to establish a nonconforming use. Chairman Ruck discussed the issue which was before the Board. Vice - Chairman Gray concurred with Chairman Ruck. Mr. Henry noted that the issue before the Board was whether or not the garage building at 14 Maywood Drive had a nonconforming use for the auto repair use. Dana Carney, of the City Planning Staff, noted that the issue was whether or not the property at 14 Maywood Drive had a nonconforming status. Cindy Dawson also explained the issue before the Board. Vice -Chairman Gray asked for clarification of the issue. Mr. Carney noted that the use of 14 Maywood Drive was the only issue before the Board. This issue was further discussed. There was a motion to approve the appeal of staff's administrative interpretation and recognize the property as a nonconforming use. Cindy Dawson explained the motion. Chairman Ruck called for a vote on the motion. The motion failed by a vote of 0 ayes, 4 nays and 1 absent. The appeal was denied. 5