HomeMy WebLinkAboutZ-8263-A Application 2Service station with limited motor vehicle repair means a facility for the dispensing of oil
and gas for motor vehicles as well as periodic engine maintenance and repair. Motor vehicles
must be kept intact on the premises. No body or engine rebuilding is allowed.
Shoe repair means a facility for repair or reconditioning of footgear, handbags and other
leather articles such as shoes, boots, sandals, wallets, purses and other similar products.
Shopping center means a group of unified commercial establishments built on a site
which is planned, developed, owned, and managed as an operating unit related in its location,
size, and type of shops to the trade area that the unit serves. The unit provides on -site parking
in definite relationship to the types and total size of the stores.
Slaughterhouse, closed facility means a facility for the killing and butchering of animals
for their meat and various by-products. This use is entirely enclosed and does not have open
holding pens or outside activity with the exception of loading docks.
Slaughterhouse, open facility means a facility for killing and butchering animals for their
meat and various by-products. This use consists of open holding pens and activities limited by
applicable state and federal regulations.
Sleeping quarters for drivers or crew means a housing facility for transient or temporary
personnel such as long haul truck drivers and crews. This facility must be totally contained
within the principal building on the site or if detached, must be authorized by the board of
adjustment. This use is limited to bunks and showers only.
Small engine repair means a facility for the repair and servicing of internal combustion
engines with a horsepower rating of ten (10) or less. This use must be totally enclosed. No
outside display or storage.
Stable (commercial) means a facility which boards or rents horses to the public but not
including a sales barn, auction or similar trading activity.
Stone, sand or gravel extraction means a site where stone, sand or gravel is mined or
extracted for a profit.
Street sweepers and vehicle -mounted vacuum devices means self-propelled or towed
mechanical systems that are utilized for vacuuming or sweeping dirt, trash or other debris from
parking and drive surfaces. This includes but is not limited to parking and loading areas,
driveways, streets public and private or other areas devoted to vehicle use.
Studio (art, music, speech, drama, dance or other artistic endeavors) means a facility
for instruction, counselling or coaching in the arts, and for the development of personal skills or
talents. This includes but is not limited to graphic, performing and literary arts. This activity is
expressly limited to instruction, counseling or coaching.
Studio (broadcasting or recording) means a facility for broadcasting. live or prerecorded
programs by radio or television, or recording of records, tapes, videotapes or other recording
media. Such facility may perform activities necessary for recording, programming and receiving
of radio or television signals. Such facility shall not engage in mass production.
Swimming pool, sales and supply means a facility for display and retail sales of
swimming pools, related supplies and service.
Tailor means a shop to alter, repair, fabricate or fashion garments.
Tannery means a facility for the processing of raw animal hides into leathers or other
hide products through the use of various chemical processes.
Taxi -cab means a vehicle to carry a passenger between two (2) points for a fare based
upon a meter, zone or other authorized system.
Taxi office means the general office of a for hire vehicle service with dispatch and
parking of in service vehicles.
Taxi service facility means the operational facilities for repair, maintenance and storage
of out of service vehicles.
Taxidermist means a facility for preparing, stuffing and mounting the skins of animals,
birds or fish.
Theater, drive-in type means a facility arranged so that patrons can view the screen and
receive the sound in the privacy of their cars, or while seated outside.
Theater, not drive-in type means a facility for showing motion pictures to an audience
inside an enclosed structure.
Tire retreading or recapping means the installation of a new tread or wear surface on a
vehicle tire carcass by cementing, molding, vulcanizing or other mechanical or chemical means.
This use must be totally enclosed.
Tool and equipment rental (inside display only) means a facility for renting tools and
equipment to the public with no outside display.
Tool and equipment rental (with outside display) means a facility for renting tools and
equipment to the public where outside display is permitted.
Travel bureau means an agency engaged in selling or arranging transportation, trips or
tours for individuals or groups.
Truck or trailer rental or leasing (no service, sales or repair) means a facility limited to
an office space, with display of trucks or trailers which for a fee are rented or leased. This use
shall not permit the installation of hitches or other towing apparatus.
Trucks or tractor sales or repair means a facility for the sales and repair of trucks,
tractors or similar motorized vehicles. Any display or sales area must be paved.
Upholstery shop, auto means a facility which performs repair or replacement of
automobile coverings, fabric, springs and padding. This use must be totally enclosed.
Upholstery shop, furniture means a facility which performs repair or replacement of
furniture coverings, fabric, springs and padding. This use shall be totally enclosed with all wood
or material stains, paints or stripping processes in conformance with building and fire codes.
Utility storage yard means a facility either open or enclosed where a utility may store
equipment or materials not in use or waiting for use.
Utility substation means a station which is subsidiary to a central station and at which a
utility from the central station is converted or passed on to another area.
Vehicle maintenance or repair means a facility designed and operated as an ancillary
activity. This activity is limited to vehicles or equipment stored, used or otherwise employed in
the principal use of the land.
Warehouse or wholesaling means a facility for commodities stored or wholesaled. No
outside storage is allowed in conjunction with a warehouse or wholesaling operation.
Water or sewage treatment plant and related facilities means a facility for the systematic
collection and treatment and dispersal of water and waste materials.
Wood products manufacturing means a facility which cuts, trims, planes or otherwise
finishes wood products on an industrial scale.
(Code 1961, Ch. 43, § 2-102(c); Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,438, § 1, 2-16-88;
Ord. No. 15,553, § 1f, m, s, t, x, nn, pp, qq, ww, yy, 9-20-88; Ord. No. 15,702, § 1, 7-5-89; Ord.
No. 15,703, §§ 1 j, 1, 7-15-89; Ord. No. 15,835, § 1 b, 4-3-90; Ord. No. 16,116, § 1(b), (h), (ee),
(ii), (ss), 11-19-91; Ord. No. 16,341, § 1(a), (k), (u), (ii), 1-19-93; Ord. No. 16,437, § 2, 6-9-93;
Ord. No. 16,861, § 1(h), (p), (aa), (dd), 3-21-95; Ord. No. 17,305, § 1(e), (m)--(q), (u), (v), (dd),
(gg), 11-7-96; Ord. No. 17,409, § 1, 3-4-97; Ord. No. 18,324, § 1(e), (g), (x), (y), (bb), (mm),
(nn), (ss), 8-1-00; Ord. No. 18,682, § 1(a), 5-21-02; Ord. No. 18,939, § 1, 9-16-03; Ord. No.
19,395, §§ 1(d)--1(f), 9-6-05)
Cross references: Definitions and rules of construction generally, § 1-2.
City of Little Rock
Office of the City Hall - 200
City Clerk 500 W. Markham Street
Little Rock, Arkansas 72201-1429
Phone: (501) 371-6803
CERTIFICATE
COUNTY OF PULASKI)
CITY OF LITTLE ROCK) SS
STATE OF ARKANSAS)
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�r1�• .y-i .•it.
I, Nataki S. Blocker, Assistant City Clerk within and for the City aforesaid, do
hereby certify that the foregoing is a true and correct copy of Chapter 36 (Zoning)
Article III (Nonconformities and Exceptions) Section 151 (Purpose), as adopted by
Code 1961, Ch. 43, § 5-101(a) of the Little Rock Board of Directors of the said City and
amendments thereto, as remains on file in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office on
this 1Oth day of September 2008.
ataki S. Bloc cer, Assistant City Clerk
Chy of Little Rock, Arkansas
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_ per �o� •:
EXHIBIT
L�
City of Little Rock
Office of the City Hall - 200
City Clerk 500 W. Markham Street
Little Rock, Arkansas 72201-1429
Phone: (501) 371-6803
CERTIFICATE
COUNTY OF PULASKI)
CITY OF LITTLE ROCK) SS
STATE OF ARKANSAS)
I, Nataki S. Blocker, Assistant City Clerk within and for the City aforesaid, do
hereby certify that the foregoing is a true and correct copy of Chapter 36 (Zoning)
Article III (Nonconformities and Exceptions) Section 152 (Continuance), as adopted
by Code 1961, Ch. 43, § 5-101(b); Ord. No. 18,324, § 1(v), 8-1-00 of the Little Rock
Board of Directors of the said City and amendments thereto, as remains on file in my
office.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office on
this 10t' day of September 2008.
5
Nat ci S. Blocker, Assistant -City Clerk
City of Little Rock, Arkansas
,t.,,��5115111111flrrrrrrrr
GLEF��`
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City of Little Rock
Office of the City Hall - 200
City Cleric 500 W. Markham Street
Little Rock, Arkansas 72201-1429
Phone: (501) 371-6803
CERTIFICATE
COUNTY OF PULASKI) =�
CITY OF LITTLE ROCK SS
STATE OF ARKANSAS)
I, Nataki S. Blocker, Assistant City Clerk within and for the City aforesaid, do
hereby certify that the foregoing is a true and correct copy of Chapter 36 (Zoning)
Article III (Nonconformities and Exceptions) Section 153 (Nonconforming Uses), as
adopted by (Code 1961, Ch. 43, § 5-101(c); Ord. No. 15,438; § 1, 2-16-88; Ord. No.
16,116, § 1(c), 11-19-91; Ord. No. 16,341, § 1(t), 1-19-93; Ord. No. 16,441, § 4, 7-6-93;
Ord. No. 16,861, § 1(h), 3-21-95) of the Little Rock Board of Directors of the said City
and amendments thereto, as remains on file in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office on
Us 10'h day of September 2008.
Nat i S. Blocker, Assistant City Clerk
City of Little Rock, Arkansas
Sec.36-151. Purpose.
The purpose of this division is to establish regulations and limitations for exceptions to
the continued existence of uses, lots and structures which were established prior to the effective
date of this chapter which do not conform to the provisions of this chapter. Such
nonconformities may continue, but the provisions of this division are designed to curtail
enlargement or expansion of such nonconformities and to encourage their eventual elimination
in order to preserve the integrity of the zoning districts and the regulations by this chapter.
(Code 1961, Ch. 43, § 5-101(a))
Sec.36-152. Continuance.
Any nonconforming use, structure or lot which legally existed prior to the effective date of
this chapter or any use, structure or lot which has been rendered nonconforming by the
provisions of this chapter may continue to be utilized in the same fashion as existed prior to the
adoption of this chapter.
Any conforming use, structure or lot legally existing under the provisions of this chapter
shall not be rendered nonconforming by action of the city, county, or state of Arkansas in the
acquisition of property for street or drainage right-of-way.
When an existing platted lot is reduced in size by dedication of right-of-way or purchase
of right-of-way to allow the city to construct street or drainage improvements a property owner
may use an existing platted building line or existing building face whichever creates the greater
setback to construct improvements. Where current zoning building setback requirements create
a building line closer to the right-of-way than the existing structure or existing platted building
line, this zoning building line may be used as the setback to construct improvements. This may
be done as long as there is not a request for change in use to a more intense zoning
classification.
If an application is made for rezoning, the applicant must submit a planned development
unless agreeing to satisfy building setbacks and needed right-of-way to current city ordinance
and master street plan standards. However, when property is vacant at the time of dedication or
purchase, current subdivision building setback requirements will apply, unless an application to
the planning commission or board of adjustment for exception is approved. For purposes of
accessory buildings, the provisions of section 36-156(a)(2)c. shall apply.
(Code 1961, Ch. 43, § 5-101(b); Ord. No. 18,324, § 1(v), 8-1-00)
Sec. 36-153. Nonconforming uses.
(a) Expansions. A nonconforming use shall not be extended, expanded, enlarged or increased
in intensity to any structure or land area other than that occupied by such nonconforming use on
the effective date of this chapter, or any amendment hereto which causes such use to become
nonconforming.
(b) Change in use. If no structural alterations are made, a nonconforming use of a building
may be changed to another nonconforming use of the same or less intensity. In no case,
however, shall a building revert to a more intensive nonconforming use.
(c) Abandonment or discontinuance. When a nonconforming use has been discontinued or
abandoned, and the appearance of which [such use] does not depict the identity of an ongoing
use, and further if said situation exists for a period of one (1) year, such use shall not thereafter
be reestablished or resumed. Any subsequent use or occupancy of such land or structure shall
comply with the regulations of the zoning district in which such land or structure is located.
(d) Preregulation mobile homes and manufactured homes. A preregulation mobile home or a
manufactured home lawfully placed prior to annexation or the effective date of Ordinance No.
15,438 shall be a nonconforming use. A nonconforming preregulation mobile home or a
manufactured home when removed shall not be returned or replaced by another preregulation
mobile home, except that a preregulation mobile home may be replaced by a preregulation
mobile home or a manufactured home within a nonconforming mobile home park. In order to
replace a nonconforming manufactured home with another manufactured home, the property
must be rezoned to the R-7A district and site plan review approval obtained or a conditional use
permit obtained as required by this chapter.
(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.
(f) Crematoria in existence on the effective date of this subsection are declared to be
nonconforming. Such crematoria shall not be required to obtain a conditional use permit so long
as the use is not expanded, changed, abandoned or discontinued as provided in this section.
(Code 1961, Ch. 43, § 5-101(c); Ord. No. 15,438, § 1, 2-16-88; Ord. No. 16,116, § 1(c), 11-19-
91; Ord. No. 16,341, § 1(t), 1-19-93; Ord. No. 16,441, § 4, 7-6-93; Ord. No. 16,861, § 1(h), 3-21-
95)
IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
THIRD DIVISION
KIMBERLY MENSIE PETITIONER
VS. CASE NO. CV-2008-2694
CITY OF LITTLE ROCK and
CITY OF LITTLE ROCK
BOARD OF ADJUSTMENT RESPONDENTS
AFFIDAVIT OF TONY BOZYNSKI
Tony Bozynski, being first duly sworn, states on oath as follows:
1. My name is Tony Bozynski. I am employed by the City of Little Rock ("City")
as Director of the Planning and Development Department. I have been employed by the City
since 1978 and I have held my current position since May 2004.
2. I am over the age of eighteen (18) years and am competent to testify in federal
court. The information contained in this Affidavit is based upon my personal knowledge.
3. This Affidavit is made in support of the Respondents' Appeal Brief filed by the
City of Little Rock and the City of Little Rock Board of Adjustment.
4. On April 29, 2008, I wrote a letter to Alexander Cale Block of the Niswanger
Law Firm in response to a letter dated April 21, 2008, from Mr. Block to the Department of
Planning and Development Zoning Office. Attached to my letter is a 14 page document
consisting of a list of 93 manicurists and beauty operators.
5. Of the 93 manicurists and beauty operators, five are located within a single family
residential zoning classification. Those five businesses are Final Touch Beauty Salon, Hall's
Beauty Shop, Martha's Beauty Salon, Top Notch Barber and Vance Hair Salon. Martha's
Beauty Salon is no longer in business.
- EXHISIi
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6. The five businesses are all nonconforming uses. This means that when the
business was established, it was a lawful use that was later rendered nonconforming by the
provisions of the Zoning Code. In each of these instances, the use was rendered nonconforming
when the property upon which the business was located was annexed into the City and, upon
annexation, became subject to the City's zoning ordinances. Because these businesses are
nonconforming uses, they are permitted pursuant to the City's Zoning Code to continue their use
as long as the use is not expanded, changed, abandoned or discontinued.
7. None of the four existing salons that are located in single family residential
zoning districts areas are home occupations.
FURTHER THE AFFIANT SAYETu 1�T/1T
STATE OF ARKANSAS )
)ss
COUNTY OF PULASKI )
SUBSCRIBED AND SWORN to before me, this I clay of September, 2008.
My Commission Expires:
/ I � /P0ts
Deborah Ann Baldwin
County Of Pulaski
Notary Public - Arkansas
My Commission Exp. 04/18/2015
Rotary Public
-2-
10/19/2007 10:18 5013993435 PLANNING PAGE 03
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APPLICATION FOR ACTION ON ADNIINISTRAIWE APPEALS
OR INTERPRETATIVE REQUESTS
z' Z� 3 i
Board of Adjustment Meeting Date Docket For: Z� o
at a : n:-> P.M.
Application is hereby made to the Little Rock Board of Adjustment pursuant of Act 186 of 1957, Acts of
Arkansas, as amended, and Chapter 36 of Little Rock, Arkansas Rev. Code (1988), as amended,
requesting review of adminkmitive action or interpretation on the following described issue:
Address: -3 /0 k• V a n 13,1,c o S
Title to the property is vested in:
Name:
Address: 3 to /V I u h (si c n S.
Telephone: So/' S�' aa0o2
Subject property is zoned: R
Administrative Action or Interpretation At Issue- / j
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If property is involved answer the llowing: j
Present Use of Property: �4d S;C4W ' &A,1&74At,-/ t IW
Proposed Use of Property. — pI LU rF,�F,
It is hereby agreed that the required sling fee will be paid immediately after filing an&Cwcptance of this
application.
Applicant (owner or authorized agent):
Name: �¢. �trr! iS►.lc.rr �S ��... ��1�v�ra�
Address: J� �n n km(Vt C ;I -de -
Telephone: (Business) 2,1�n (Home)
Board of Adjustment Decision or Ruling: _ ��f' G y'
5ipata f Secretary or Authorized Agent:
Filing fee: [Collector's Stamp Here]
Z �s bg/
10/19/2007 10:18 5013993435 PLANNING PAGE 04
AITMAVIT
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authorize
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catiry by my signature below that I hereby
to as as my a8at regarding the
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Ii�,v�: err 5%f ti��yG tc- of the below descnbed property.
descnbed as:
Signature of Title Hold Date
SosprIed and sworn to me, a Notary Public on this r� day of
Notary We
Page 1 of 1
Moore, Monte
From: Steve Niswanger [steve@niswangerlawfirm.com]
Sent: Tuesday, November 20, 2007 1:58 PM
To: Moore, Monte
Subject: Re: appeal application for 310 N Van Buren Street
Thanks. Let me discuss this with my client, and I'll get back to you soon.
"Moore, Monte" <MMoore@littlerock.org> wrote:
Mr. Niswanger,
Please accept this e-mail as a follow up to our phone conversation last week. With regards to the
appeal application you submitted for Kimberly Mensie at 310 N Van Buren Street, I need
additional information on the issue so the City Attorney's office can review and determine if the
Board of Adjustment is authorized to address the issue. I need a detailed description of the
proposed use of the property, an explanation as to how this use differs from what was proposed
with the PCD application, and an explanation of why you feel this proposed use(s) is an
appropriate home occupation. I also need a copy of the denied Home Occupation Application if
you have one. I will attempt to locate a copy in our office. If you have any questions regarding
this issue, please let me know.
Thank You,
Monte Moore
11 /26/2007
Page 1 of 1
Moore, Monte
From: Steve Niswanger [steve@niswangerlawfirm.com]
Sent: Tuesday, November 20, 2007 1:58 PM
To: Moore, Monte
Subject: Re: appeal application for 310 N Van Buren Street
Thanks. Let me discuss this with my client, and I'll get back to you soon.
"Moore, Monte" <MMoore@littlerock.org> wrote:
Mr. Niswanger,
Please accept this e-mail as a follow up to our phone conversation last week. With regards to the
appeal application you submitted for Kimberly Mensie at 310 N Van Buren Street, I need
additional information on the issue so the City Attorney's office can review and determine if the
Board of Adjustment is authorized to address the issue. I need a detailed description of the
proposed use of the property, an explanation as to how this use differs from what was proposed
with the PCD application, and an explanation of why you feel this proposed use(s) is an
appropriate home occupation. I also need a copy of the denied Home Occupation Application if
you have one. I will attempt to locate a copy in our office. If you have any questions regarding
this issue, please let me know.
Thank You,
Monte Moore
11 /26/2007
Moore, Monte
To: steve@niswangerlawfirm.com
Cc: Carney, Dana
Subject: appeal application for 310 N Van Buren Street
Mr. Niswanger,
Please accept this e-mail as a follow up to our phone conversation last week. With regards to the appeal application you
submitted for Kimberly Mensie at 310 N Van Buren Street, I need additional information on the issue so the City Attorney's
office can review and determine if the Board of Adjustment is authorized to address the issue. I need a detailed
description of the proposed use of the property, an explanation as to how this use differs from what was proposed with the
PCD application, and an explanation of why you feel this proposed use(s) is an appropriate home occupation. I also need
a copy of the denied Home Occupation Application if you have one. I will attempt to locate a copy in our office. If you have
any questions regarding this issue, please let me know.
Thank You,
Monte Moore
Page 1 of 5
Moore, Monte
From: Steve Niswanger [steve@niswangerlawfirm.com] Z
Sent: Friday, February 22, 2008 3:44 PM (o
To: Moore, Monte
Subject: RE: RE: appeal application for 310 N Van Buren Street
Monte:
I would like to amend our appeal to exclude any reference to "tutoring." We are now appealing merely
on the basis of nail art and scupturing. Is there anything more formal I need to do?
Steve
"Moore, Monte" <MMoore@littlerockorg> wrote:
We cannot reschedule the time of day, but you can request to defer to the next meeting which will be
February 25, 2008 at 2:00 P.M. Just send me another e-mail if you decide to defer.
-----Original Message -----
From: Steve Niswanger [mailto:steve@niswangerlawfirm.com]
Sent: Wednesday, January 16, 2008 2:44 PM
To: Moore, Monte
Subject: RE: RE: appeal application for 310 N Van Buren Street
I am going to be in Court in another matter in Lonoke County from 1 to 2 pm. Is
there any way to reschedule the meeting date or time? For example, I could make it
back to Little Rock by 3 pm.
"Moore, Monte" <MMoore@littlerockorg> wrote:
Steve,
Sorry about that. The meeting will be at 2:00 P.M. on Monday, January 28, 2008.
The meeting will be held in the Board Room on the second floor of City Hall, the
same location as the Planning Commission meetings. Sorry about the oversight
and let me know if I can be of futher assistance.
Thanks,
Monte
-----Original Message -----
From: Steve Niswanger [mailto:steve@niswangerlawfirm.com]
Sent: Wednesday, January 16, 2008 11:45 AM
To: Moore, Monte
Subject: Fwd: RE: appeal application for 310 N Van Buren Street
Monte:
I did not get a response to the below email. What time and
where will the Board of Adjustments meet on January 28?
2/25/2008
fi� t7,
N
�Sg aCA
m
U
City of Little Rock
Department of Planning and Development Planning
723 West Markham Street Zoning and
Little Rock, Arkansas 72201-1334 Subdivision
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
I, Monte Moore, Zoning and Code Enforcement Administrator of the Department of
Planning and Development for the City of Little Rock, Arkansas, do hereby certify that
the attached do represent a true and correct copy of the Minutes of the City of Little Rock
Board of Adjustment meeting of February 25, 2008.
Monte M are, Zon' g and Code Enforcement Administrator
City of Little Rock, Department of Planning and Development
Subscribed and sworn to before me, a Notary Public in and for the County of
Notary: 0, "�/ , (��=
My Commission expires: I 0/y 02 r 2 0 /
CHARLES G. GIVENS
County
My Commission Expires
(Date)
AAA-1 {,C /i�.t '
21' L /o e' $a r¢ n---; ,,---4�-
yin-
Page 1 of 5
Moore, Monte
From: Steve Niswanger [steve@niswangerlawfirm.com]
Sent: Friday, February 22, 2008 3:44 PM
To: Moore, Monte
Subject: RE: RE: appeal application for 310 N Van Buren Street
Monte:
I would like to amend our appeal to exclude any reference to "tutoring." We are now appealing merely
on the basis of nail art and scupturing. Is there anything more formal I need to do?
Steve
"Moore, Monte" <MMooreWittlerock.org> wrote;
We cannot reschedule the time of day, but you can request to defer to the next meeting which will be
February 25, 2008 at 2:00 P.M. Just send me another e-mail if you decide to defer.
-----Original Message -----
From: Steve Niswanger [mailto:steve@niswangerlawfirm.com]
Sent: Wednesday, January 16, 2008 2:44 PM
To: Moore, Monte
Subject: RE: RE: appeal application for 310 N Van Buren Street
I am going to be in Court in another matter in Lonoke County from 1 to 2 pm. Is
there any way to reschedule the meeting date or time? For example, I could make it
back to Little Rock by 3 pm.
"Moore, Monte" <MMoore aglittlerock.org> wrote:
Steve,
Sorry about that. The meeting will be at 2:00 P.M. on Monday, January 28, 2008.
The meeting will be held in the Board Room on the second floor of City Hall, the
same location as the Planning Commission meetings. Sorry about the oversight
and let me know if I can be of futher assistance.
Thanks,
Monte
-----Original Message -----
From: Steve Niswanger [mailto:steve@niswangerlawfirm.com]
Sent: Wednesday, January 16, 2008 11:45 AM
To: Moore, Monte
Subject: Fwd: RE: appeal application for 310 N Van Buren Street
Monte:
I did not get a response to the below email. What time and
where will the Board of Adjustments meet on January 28?
3/4/2008
Page 1 of 5
Moore, Monte
From: Steve Niswanger [steve@niswangerlawfirm.com]
Sent: Friday, February 22, 2008 3:44 PM
To: Moore, Monte
Subject: RE: RE: appeal application for 310 N Van Buren Street
Monte:
I would like to amend our appeal to exclude any reference to "tutoring." We are now appealing merely
on the basis of nail art and scupturing. Is there anything more formal I need to do?
Steve
"Moore, Monte" <MMoore@littlerock.org> wrote:
We cannot reschedule the time of day, but you can request to defer to the next meeting which will be
February 25, 2008 at 2:00 P.M. Just send me another e-mail if you decide to defer.
-----Original Message -----
From: Steve Niswanger [mailto:steve@niswangerlawfirm.com]
Sent: Wednesday, January 16, 2008 2:44 PM
To: Moore, Monte
Subject: RE: RE: appeal application for 310 N Van Buren Street
I am going to be in Court in another matter in Lonoke County from 1 to 2 pm. Is
there any way to reschedule the meeting date or time? For example, I could make it
back to Little Rock by 3 pm.
"Moore, Monte" <MMoore@littlerock.org> wrote:
Steve,
Sorry about that. The meeting will be at 2:00 P.M. on Monday, January 28, 2008.
The meeting will be held in the Board Room on the second floor of City Hall, the
same location as the Planning Commission meetings. Sorry about the oversight
and let me know if I can be of futher assistance.
Thanks,
Monte
-----Original Message -----
From: Steve Niswanger [mailto:steve@niswangerlawfirm.com]
Sent: Wednesday, January 16, 2008 11:45 AM
To: Moore, Monte
Subject: Fwd: RE: appeal application for 310 N Van Buren Street
Monte:
I did not get a response to the below email. What time and
where will the Board of Adjustments meet on January 28?
2/25/2008
Page 2 of 5
Thanks,
Steve
Steve Niswanger <steve@niswangerlawfirmxom> wrote:
ate: Wed, 26 Dec 2007 09:59:34 -0800 (PST)
-om: Steve Niswanger
;teve i ,niswanaerlawfinn.com>
Subject: RE: appeal application for 310 N Van Buren
Street
To: "Moore, Monte" <MMoore@littlerock.org>
ase use my email to provide information to the
ard. What time and where will the Board of
justments meet on January 28?
, and Happy Holidays!
Steve
"Moore, Monte" <MMoore@littlerockorg> wrote:
Mr. Niswanger,
I just wanted to update you and let you know that
the appeal application for 310 N Van Buren Street
will be placed on the January 28, 2008 Board of
Adjustment agenda. I will need to forward the
information as found in your below e-mail to the
Board members with the agenda. Would you like to
provide the information in a letter form on letter
head, or I can just use a copy of the e-mail? Please
let me know which you prefer.
Thank you,
Monte Moore
-----Original Message -----
From: Steve Niswanger
[mailto:steve@niswangerlawfirm.com]
Sent: Friday, December 07, 2007
4:42 PM
To: Moore, Monte
Cc: Carney, Dana
Subject: Re: appeal application for
310 N Van Buren Street
Monte:
Sorry to take so long to get back to
you. Did you get a chance to see
Kimmie Mensie's application for
2/25/2008
Page 3 of 5
the PCD before the City Board the
other night? Wow! Those people
who showed up against Kimmie
were not very nice. I am glad I do
not work in your department and
have to deal with ugly -acting
people like them all the time!
Anyway, per yout request, here is a
detailed description of the proposed
use of the property under the
business license. It will be just her
- no others. She will do nail art by
appointment only. So, there will
never be more than one client there
at a time. And she will not be
doing any massages, tanning, hair,
or any of the other things that
typically go on in a beauty salon.
Let me reiterate that. She is not
proposing to operate a beauty salon
out of her house. Only nail art.
Per your request, let me now
explain how this differs from the
PCD application. In her amended
PCD application, she was
proposing to have one part-time
employee doing hair. There will be
no others except Kimmie under the
business license application. So, no
hair, and just one person (Kimmie).
Under the PCD, there was going to
be a parking lot. Not so under the
business license application. Under
the PCD, there was going to be
signage . Not so under the business
license application (unless it
complies with Code, chapter 36, art.
X). In other words, the house will
look like a house, and only Kimmie
will work there doing nail art. And
her practice is to schedule only one
client an hour. So, no new traffic.
This use is an appropriate home
occupation. It is just like the music
teacher who has a child show up
every hour at her house to have a
piano lesson. Except Kimmie will
2/25/2008
Page 4 of 5
not be as loud! Under the Code
§ 36-255(b)(2), in a R-3 district
(like this one), the home occupation
uses are the same as those under an
R-1 district. Under § 36-253(b)(6)
(b), in an R-1 district, painting and
sculpturing are permitted home
occupations. In addition, tutoring
limited to 2 students at a time is
a permitted home occupation.
Here, Kimmie will be
painting nails. She will
be sculpturing nails. She will be
tutoring her clients - one at a time -
on how to paint and sculpt nails.
She will be engaged in a permitted
home occupation.
Now, I know, your department
wants to call Kimmie's home
occupation a beauty salon, but it is
not. A grocery store sells produce,
dairy, cereals, condiments, meat,
and beer. If all I sell is beer, does
that make me a grocery store? No!
The same applies here. A beauty
salon offers pedicures, manicures,
hairstyling, massages, face
treatments, tanning, etc. All
Kimmie proposes under the
business license application is to
do pedicures and manicures - which
is painting and sculpting. She will
not be doing a beauty salon.
I hope you find this helpful. I look
forward to the determination in this
appeal.
Thanks,
Steve
"Moore, Monte"
<MMoore@littleroc& org> wrote:
r. Niswanger,
lease accept this e-mail as
follow up to our phone
2/25/2008
Page 5 of 5
conversation last week.
With regards to the appeal
application you submitted
for Kimberly Mensie at 310
N Van Buren Street, I need
additional information on
the issue so the City
Attorney's office can review
and determine if the Board
of Adjustment is authorized
to address the issue. I need
a detailed description of the
proposed use of the
property, an explanation as
to how this use differs from
what was proposed with the
PCD application, and an
explanation of why you feel
this proposed use(s) is an
appropriate home
occupation. I also need a
copy of the denied Home
Occupation Application if
you have one. I will attempt
to locate a copy in our
office. If you have any
questions regarding this
issue, please let me know.
Thank You,
Monte Moore
2/25/2008
tst
City of Little Rock
Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
NOTICE OF PUBLIC HEARING BEFORE THE LITTLE
ROCK BOARD OF ADJUSTMENT ON AN APPLICATION
FOR ZONING VARIANCE
TO: Hillcrest Resi
ATTENTION: Scott Smith
ADDRESS: P.O. Box 251121
Little Rock, AR 72225
BOA-13
Planning
Zoning and
Subdivision
Neighborhood Association
REQUEST: An administrative appeal is requested of the City's denial of a privilege_
license/home occupation request. (Z-8263-A) _
GENERAL LOCATION OR ADDRESS: 310 N. Van Buren Street
OWNED BY: Kimberly Mensie
NOTICE IS HEREBY GIVEN THAT an application for Appeal
For the above property has been filed with the Department of Planning and Development. A
public hearing will be held by the L.R. Board of Adjustment in the Board of Directors Chamber,
second floor, City Hall, on _January 28, 2008_ at 2:00 P.M. This notice is provided
in order to assure that neighborhood associations are aware of issues that may affect their
neighborhood. Information requests should be directed to the Planning Staff at 371-4790.
Tony ll ozyns i, Lhector
yP'. (A' / Z/3 / 1a %
Moore, Monte
To: ssmith@smithassociatesspn.com
Subject: 310 N Van Buren Street
Scott,
I just wanted to give you an update on the Board of Adjustment appeal for 310 N Van Buren Street. Ms. Mensie's attorney
has requested a deferral of the application to the February 25, 2008 Agenda (2:00 PM), as he has a court case Monday
afternoon. If you know of any interested parties, please pass on the information. If you have any questions on this issue,
please give me a call.
Thanks,
Monte
Pagel of 5
Moore, Monte
From: Steve Niswanger [steve@niswangerlawfirm.com]
Sent: Tuesday, January 22, 2008 1:32 PM
To: Moore, Monte
Subject: RE: RE: appeal application for 310 N Van Buren Street
Monte:
I tried to reschedule the other matter, to no avail. So, I will have to request that we defer this matter to
February 25 at 2 pm. Please let me know if that will be a problem.
Thanks,
Steve
"Moore, Monte" <MMoore@littlerock.org> wrote:
We cannot reschedule the time of day, but you can request to defer to the next meeting which will be
February 25, 2008 at 2:00 P.M. Just send me another e-mail if you decide to defer.
-----Original Message -----
From: Steve Niswanger [mailto:steve@niswangerlawfirm.com]
Sent: Wednesday, January 16, 2008 2:44 PM
To: Moore, Monte
Subject: RE: RE: appeal application for 310 N Van Buren Street
I am going to be in Court in another matter in Lonoke County from 1 to 2 pm. Is
there any way to reschedule the meeting date or time? For example, I could make it
back to Little Rock by 3 pm.
"Moore, Monte" <MMoore@littlerock.org> wrote:
Steve,
Sorry about that. The meeting will be at 2:00 P.M. on Monday, January 28, 2008.
The meeting will be held in the Board Room on the second floor of City Hall, the
same location as the Planning Commission meetings. Sorry about the oversight
and let me know if I can be of futher assistance.
Thanks,
Monte
-----Original Message -----
From: Steve Niswanger[mailto:steve@niswangerlawfirm.com]
Sent: Wednesday, January 16, 2008 11:45 AM
To: Moore, Monte
Subject: Fwd: RE: appeal application for 310 N Van Buren Street
Monte:
I did not get a response to the below email. What time and
where will the Board of Adjustments meet on January 28?
1/28/2008
Page 2 of 5
Thanks,
Steve
Steve Niswanger <steve@fliswangerlawfirm. com> wrote:
ate: Wed, 26 Dec 2007 09:59:34 -0800 (PST)
-om: Steve Niswanger
;teve(@ ,niswanaerlawfirm.com>
Subject: RE: appeal application for 310 N Van Buren
Street
To: "Moore, Monte" <MMoore@littlerock.org>
use my email to provide information to the
What time and where will the Board of
is meet on January 28?
and Happy Holidays!
Steve
"Moore, Monte" <MMoore@littlerock.org> wrote:
Mr, Niswanger,
I just wanted to update you and let you know that
the appeal application for 310 N Van Buren Street
will be placed on the January 28, 2008 Board of
Adjustment agenda. I will need to forward the
information as found in your below e-mail to the
Board members with the agenda. Would you like to
provide the information in a letter form on letter
head, or I can just use a copy of the e-mail? Please
let me know which you prefer.
Thank you,
Monte Moore
-----Original Message -----
From: Steve Niswanger
[mailto:steve@niswangerlawfirm.com]
Sent: Friday, December 07, 2007
4:42 PM
To: Moore, Monte
Cc: Carney, Dana
Subject: Re: appeal application for
310 N Van Buren Street
Monte:
Sorry to take so long to get back to
you. Did you get a chance to see
1/28/2008
Page 3 of 5
Kimmie Mensie's application for
the PCD before the City Board the
other night? Wow! Those people
who showed up against Kimmie
were not very nice. I am glad I do
not work in your department and
have to deal with ugly -acting
people like them all the time!
Anyway, per yout request, here is a
detailed description of the proposed
use of the property under the
business license. It will be just her
- no others. She will do nail art by
appointment only. So, there will
never be more than one client there
at a time. And she will not be
doing any massages, tanning, hair,
or any of the other things that
typically go on in a beauty salon.
Let me reiterate that. She is not
proposing to operate a beauty salon
out of her house. Only nail art.
Per your request, let me now
explain how this differs from the
PCD application. In her amended
PCD application, she was
proposing to have one part-time
employee doing hair. There will be
no others except Kimmie under the
business license application. So, no
hair, and just one person (Kimmie).
Under the PCD, there was going to
be a parking lot. Not so under the
business license application. Under
the PCD, there was going to be
signage . Not so under the business
license application (unless it
complies with Code, chapter 36, art.
X). In other words, the house will
look like a house, and only Kimmie
will work there doing nail art. And
her practice is to schedule only one
client an hour. So, no new traffic.
This use is an appropriate home
occupation. It is just like the music
teacher who has a child show up
every hour at her house to have a
1/28/2008
Page 4 of 5
piano lesson. Except Kimmie will
not be as loud! Under the Code
§ 36-255(b)(2), in a R-3 district
(like this one), the home occupation
uses are the same as those under an
R-1 district. Under § 36-253(b)(6)
(b), in an R-1 district, painting and
sculpturing are permitted home
occupations. In addition, tutoring
limited to 2 students at a time is
a permitted home occupation.
Here, Kimmie will be
painting nails. She will
be sculpturing nails. She will be
tutoring her clients - one at a time -
on how to paint and sculpt nails.
She will be engaged in a permitted
home occupation.
Now, I know, your department
wants to call Kimmie's home
occupation a beauty salon, but it is
not. A grocery store sells produce,
dairy, cereals, condiments, meat,
and beer. If all I sell is beer, does
that make me a grocery store? No!
The same applies here. A beauty
salon offers pedicures, manicures,
hairstyling, massagesjace
treatments, tanning, etc. All
Kimmie proposes under the
business license application is to
do pedicures and manicures - which
is painting and sculpting. She will
not be doing a beauty salon.
I hope you find this helpful. I look
forward to the determination in this
appeal.
Thanks,
Steve
"Moore, Monte"
<MMoore@littleroc& org> wrote:
r. Niswanger,
'lease accept this e-mail as
1/28/2008
Page 5 of 5
a follow up to our phone
conversation last week.
With regards to the appeal
application you submitted
for Kimberly Mensie at 310
N Van Buren Street, I need
additional information on
the issue so the City
Attorney's office can review
and determine if the Board
of Adjustment is authorized
to address the issue. I need
a detailed description of the
proposed use of the
property, an explanation as
to how this use differs from
what was proposed with the
PCD application, and an
explanation of why you feel
this proposed use(s) is an
appropriate home
occupation. I also need a
copy of the denied Home
Occupation Application if
you have one. I will attempt
to locate a copy in our
office. If you have any
questions regarding this
issue, please let me know.
Thank You,
Monte Moore
1/28/2008
Stephen B. Niswanger
steve@niswangerlawfi=.com
NISWANGER I:AW FIRM PLC
#5 Innwood Circle, Suite 110
Little Rock, Arkansas 72211
October 29, 2007
Department of Planning and Development
723 W. Markham
Little Rock, AR 72201
Telephone (501) 223-2888
Facsimile (501) 421-3651
-�;7 j-3
Re: Kimberly Mensie's Application for Action on Administrative Appeal.
To Whom It May Concern::
Please fi-nd enclosed Kimberly Mensie's Application for Action on
Administrative Appeal, an affidavit certifying Stephen B. Niswanger of Niswanger Law
Firm to act as Ms. Mensie's agent, and a check in the amount of $50.00 for the
administrative appeal filing fee.
Ms. Mensie wishes to appeal the October 8, 2007 denial of her application for a
City of Little Rock Privilege License, as she believes that strict enforcement of zoning
rules would cause her undue hardship, and that approving her application would be in
keeping with the provisions and spirit of the zoning code.
According to the comments entered by the Code Enforcement Officer on Ms.
Mensie's application, the privilege license was denied due to improper zoning. Ms.
Mensie desires to perform Nail Art and Tutoring, limited to two (2) students at a time at
the above -mentioned location, an activity expressly permitted by Little Rock Municipal
Code §§ 36-255(b)(2) and 36-253(b)(6).
Thank you very much for your attention to this matter.
SBN/cb
Encl.
cc: Kimmie Mensie
Cordially,
Nl WANGER LAW FIRM PLC
Stephen B. Niswanger
www.niswangerlawfirm.com
Pagel of 3
Moore, Monte -� e, ,-
4-
From: Steve Niswanger [steve@niswangerlawfirm.com]
Sent: Wednesday, December 26, 2007 12:00 PM
To: Moore, Monte
Subject: RE: appeal application for 310 N Van Buren Street
Monte:
Please use my email to provide information to the Board. What time and where will the Board of
Adjustments meet on January 28?
Thanks, and Happy Holidays!
Steve
"Moore, Monte" <MMoore@littlerockorg> wrote:
Mr. Niswanger,
just wanted to update you and let you know that the appeal application for 310 N Van Buren Street will
be placed on the January 28, 2008 Board of Adjustment agenda. I will need to forward the information
as found in your below e-mail to the Board members with the agenda. Would you like to provide the
information in a letter form on letter head, or I can just use a copy of the e-mail? Please let me know
which you prefer.
Thank you,
Monte Moore
-----Original Message -----
From: Steve Niswanger [mailto:steve@niswangerlawfirm.com]
Sent: Friday, December 07, 2007 4:42 PM
To: Moore, Monte
Cc: Carney, Dana
Subject: Re: appeal application for 310 N Van Buren Street
Monte:
Sorry to take so long to get back to you. Did you get a chance to see Kimmie
Mensie's application for the PCD before the City Board the other night? Wow!
Those people who showed up against Kimmie were not very nice. I am glad I do
not work in your department and have to deal with ugly -acting people like them all
the time!
Anyway, per yout request, here is a detailed description of the proposed use of the
property under the business license. It will be just her - no others. She will do nail
art by appointment only. So, there will never be more than one client there at a
time. And she will not be doing any massages, tanning, hair, or any of the other
things that typically go on in a beauty salon. Let me reiterate that. She is not
proposing to operate a beauty salon out of her house. Only nail art.
1/15/2008
Page 2 of 3
Per your request, let me now explain how this differs from the PCD application. In
her amended PCD application, she was proposing to have one part-time employee
doing hair. There will be no others except Kimmie under the business license
application. So, no hair, and just one person (Kimmie).
Under the PCD, there was going to be a parking lot. Not so under the business
license application. Under the PCD, there was going to be signage . Not so under
the business license application (unless it complies with Code, chapter 36, art. X).
In other words, the house will look like a house, and only Kimmie will work there
doing nail art. And her practice is to schedule only one client an hour. So, no new
traffic.
This use is an appropriate home occupation. It is just like the music teacher who
has a child show up every hour at her house to have a piano lesson. Except Kimmie
will not be as loud! Under the Code § 36-255(b)(2), in a R-3 district (like this one),
the home occupation uses are the same as those under an R-1 district. Under § 36-
253(b)(6)(b), in an R-1 district, painting and sculpturing are permitted home
occupations. In addition, tutoring limited to 2 students at a time is a permitted home
occupation.
Here, Kimmie will be painting nails. She will be sculpturing nails. She will be
tutoring her clients - one at a time - on how to paint and sculpt nails. She will be
engaged in a permitted home occupation.
Now, I know, your department wants to call Kimmie's home occupation a beauty
salon, but it is not. A grocery store sells produce, dairy, cereals, condiments, meat,
and beer. If all I sell is beer, does that make me a grocery store? No! The same
applies here. A beauty salon offers pedicures, manicures, hairstyling, massages,
face treatments, tanning, etc. All Kimmie proposes under the business license
application is to do pedicures and manicures - which is painting and sculpting. She
will not be doing a beauty salon.
I hope you find this helpful. I look forward to the determination in this appeal.
Thanks,
Steve
"Moore, Monte" <MMooreWittlerock.org> wrote:
Mr. Niswanger,
Please accept this e-mail as a follow up to our phone conversation last
week. With regards to the appeal application you submitted for Kimberly
Mensie at 310 N Van Buren Street, I need additional information on the
issue so the City Attorney's office can review and determine if the Board of
Adjustment is authorized to address the issue. I need a detailed description
of the proposed use of the property, an explanation as to how this use differs
from what was proposed with the PCD application, and an explanation of
why you feel this proposed use(s) is an appropriate home occupation. I also
need a copy of the denied Home Occupation Application if you have one. I
1 /15/2008
Page 3 of 3
will attempt to locate a copy in our office. If you have any questions
regarding this issue, please let me know.
Thank You,
Monte Moore
1/15/2008
§ 36-253
(4)
-�� 4
LITTLE ROCK CODE 1-2 r A
cupancy of all lots in the subdi-
vision other than the model
homes, whichever occurs first.
5. For the purpose of items 1, a d
4, above, "subdivision" me s
all land included within a lat
submitted to the city.
C. G age sales (not to exceed o (2) a
ye and two (2) days for eac event).
Condition uses. The fallowing ses may
be permitt in this zone su ect to the
approval of condition use pe mit and all
required sho 'ngs and condi ons thereof:
a. Churches nd other r ligious insti-
tutions an their a essory build-
ings and us S.
b. Educational ' stit tions, including
but not limite to olleges, universi-
ties, public an vate elementary,
junior or seni r high schools and
their accessory uildings and uses.
C. Public utility b i ings and facilities
when necessa f r serving the sur-
rounding are , pro "ded that no pub-
lic business office d no repair or
storage f ility a maintained
therein.
d. Municip or govern ental recre-
ation u , including ublic parks,
playgr nds, tennis courts, golf
course , community cen ers, fire sta-
tions, useums, librari and other
suses-
e. Co try club, golf course, wimming
po or other private re eational
u es usually associated wit or inci-
ntal to a social country club or
ubdivision association oiler ted for
mutual recreation for the me bers,
and not as a business for pro
f. Group care facilities.
L+. Fire station.
(5)'Special uses. The following special
may be permitted subject to the cr.
Supp. -No. 40 2312
( 2— -q
tained in section 36-54 and awroval of
a spe use permit by th anning com-
mission:
a. Bed and ast house.
b. �F y care facile
c� Da care family home.
(6) HomZome
ccupation. ��1� Z'S3
C► 6)
a. occupations shall be permit-
ted that will not:
1. Change the outside appearance
of the dwelling or provide prod-
uct display visible from the
street.
2. Generate traffic, parking; sew-
age or water use in excess of
what is normal in the residen-
tial neighborhood.
3. Create a hazard to persons. or
property, result in electric inter-
ference or become a nuisance.
4. Result in outside storage or dis-
play of any material or product.
5. Involve accessory buildings.
6. Result in signage beyond that
which maybe required by other
government agencies.
7_ Limited to five hundred (500)
square feet in area, but in no
case more than forty-nine (49)
percent of the floor area in a
dwelling.
8. Stock in trade shall not exceed
ten (10) percent of the floor
area of the accessory use.
9. Require the construction of, or
the addition to, the residence of
duplicate kitchens.
10. Requirement or cause the use
or consumption on the pre-
mises of any food product pro-
duced thereon.
11. Provide medical treatment, ther-
apeutic massage or similar ac-
tivities.
G
U.
1.1
A
A
s
L
C.
d.
5upp. No. 40
ZONING
The following are permitted home
occupations, provided they do not
violate any of the provisions of the
previous subparagraph a:
1. Dressmaking, sewing and tai-
loring.
2. Painting, sculpturing or writ-
ing (artistic endeavors).
3. Telephone answering service or
radio monitoring service.
4. Home crafts such as model mak-
ing, rug weaving and lapidary
work.
5. Tutoring limited to two (2) stu-
dents at a time.
6. Music instruction limited to two
(2) students at a time.
7. Catering and home cooking.
8. Computer programming.
9. Clock or watch repair.
10. Personal or home care products
marketing without stock in
trade on premises.
The following are prohibited as home
occupations:
1.. Barbershops and beauty shops.
2. Animal hospitals.
3. Dance studios.
4. Mortuaries.
5. Nursery schools.
6. Private clubs.
7. Small appliance repair shops.
8. Restaurants.
9. Stables or kennels.
10. Animal grooming.
11. Engine or motor repair shops.
12. Paint shops.
Any proposed home occupation that
is neither specifically permitted by
subparagraph b, nor specifically pro-
hibited by subparagraph c, shall re-
quire an accessory use permit and be
granted or denied by the city depart-
ment designated by the city man-
2312.1
§ 36-253
ager upon consideration of those stan-
dards contained in this paragraph.
Appeals from the administrative
judgement of the staff shall be filed
with the board of adjustment. The
content of the filing shall consist of:
(1) A- cover letter addressed to the
chairman and members of the board
of adjustment setting forth the re-
quest; (2) a copy -of all pertinent
graphic materials or correspondence.
This filing shall occur within thirty
(30) calendar days of the action by
the staff. No activity which requires
an accessory use permit shall be
conducted prior to issuance of the
permit. Any proposed use requiring
employees who are not residents of
the dwelling shall be approved by
the board of adjustment prior to the
issuance of permits.
c} Height regulations. No building hereafter
ed or structurally altered shall exceed a
igh of thirty-five (35) feet.
(d) a regulations.
(1) Fr t yard. There shall be a fro yard
setb ck having a depth of not I s than
thirty ve (35) feet.
(2) Side ya . There shall be side yard
setback o each side of th uilding hav-
ing a widt of not less t ten (10) feet.
Notwithsta ing the ove requirement,
no condition use his district will be
approved havi g a ide yard setback of
less than twent ve (25) feet.
(3) Rear yard. T re hall be a rear yard
setback ha g a d th of not less than
twenty-five (25) feet. In the case of a
corner to , however, hen providing a
twenty- a -foot exterio side yard, the
rear y d may be reduced not less than
ten ( ) feet.
(4) Lo area regulations. There sh 1 be a lot
ea of not less than fifteen ❑usand
'15,000) square feet. In addition there
shall be a minimum lot width of no less
Jan,15. 2008 4:09PM City of Little Rock/501-371-4569
NISWANGER LAW FIRM PLC
#5 Innwood Circle, Suite 110
Little Rock, Arkansas 72211
Ember K. Boyd
embet@niswangerlawf=.com
October 4, 2007
Treasury Management Division
100 City Hall
500West Markham Street
Little Rock, Arkansas 72201-1497
RE: Nails by Kimmie
Dear Sir or Madam:
No, 9938 P. 3
Telephone (501) 223-2888
Facsimile (501) 421-3651
Please find enclosed an original Application for Business License on the above -
referenced business. If you should have any questions please feel free to contact us.
EB
Encl.
Sincerely,
NISWANGER LAW FIRM PLC
C. 23'1�ok
Ember K. Boyd
Secretary to Alexander Cale Block
www.niswangerlawfirm.com
Jan,15, 2008 4:08PM City of Little Rock/501-371-4569
No.9938 P. 2
sk
Division
100 City Hall
500 West Markham Street
LittleRock. AR 72201-1497
Phone: 501-371-4645
Phone: 501-3714438
Fax: 501-3714569
APPLICATION FOR BUSINESS LICENSE
Acct #:
NB #:
Class:
Amt Due:
THIS FORM WILL BE USED TO CALCULATE AND ASSESS THE AMOUNT OF TAXES DUE A BUSINESS LICENSE CANNOT BE ISSUED FOR A NEW BUSINESS
OR FOR A CHANGE OF LOCATION UNTIL THIS FORM IS APPROVED BY THE ZONING, SIGN d PROTECTIVE CODES DIV(SION LOCATED AT 723 NEST
M ARKMAN STREET, 5014714844. IQ FAX APPLICATION DIRECTL Y TO ZONING USE 501ti371-6883.
APPUCATIONI FOR A HOIIGE BA SED 8SIEESS ITT BE MADE IN PERSON AT THE Z011 N OFFTC& LOCATED AT 723 W. MIARKHAM STREET.
A. CHECK ONE: _NEW BUSINESS CHANGE OF OWNERSHIPCFIANGE OF ADDRESS (EXISTING BUSINESS)
S. CHECKONE: kC SOLE PROPRIETOR PARTNERSHIP CORPORATION LLC OTHER 7 L� / I'C
C. DATE THAT BUSINESS�N OPERATION AT THE ADDRESS LISTED ON UNE roar OR DATE OF OWNERSHIP CHANGE:
D. NAMEOF BUSINESS:_ !. �$: - iv Y r•z�n7i C
E. DBA NAME OF APPLICABLE):
F, NUMBER OF FULL TIME EMPLOYEES, NOT INCLUDING THE OWNER, WORKING AT LOCATION LISTED ON LINE = t__
G. PRESENT BUSNESS LOCATION (PO BOX PMB# IS UNACCEPFABLE): 2 I0 r% ` "� OL,
J� % L %')P; 7ELEP! ZONE: �' i a�L7 FA7C -
CITY, STATE, ZlP: _ L.� R
H. MAI<.AIG ADDREW: JIG
CITY, STATE, ZIP:_
1. PREVIOUS BUSINESS
CITY, STATE, ZIP: `'
c,7
cr'<
FATION (FT CYAN E OF ADDRESS ONLY): S- 314o W,
fc L A / -2?L2 C-
J. STATE OF ARKANSAS SALES TAX NUMBER #
(REQUIRED IF YOUR BUSINESS CHARGES SALES TAX)
K. OPTIONAL: E-MAIL ADDRESS
L. BUSINESS OWNER'S NAM!_ I� ,�7 ��'; I ^ i%,; �� 5. Z
HOME AC9RESS: 31G` �� _Y h �, z✓J s CITY: `.
,
STATE-i OR '�` PHONE: G 5 �i'.� FAX OPTIONAL: RACE: SEX:-
M. DESCRIPTIONOF6USINESS:./Jj:,4rioi I1, �v1�r�r':r7 ��7%�` f" � ��/s �•'�"'�
N. DOES YOUR BUSINESS MAINTAIN INVENTORY? YES- f N0. IF YES, UST THE AMOUNT OF BEGINNING INVENTORY:
0. DOES YOUR BUSINESS SELL TOBACCO PRODUCTS? YES � NO
P. DOES YOUR BUSINESS SELL ANY TYPE OF ALCOHOLIC BEVERAGE? YES ENO
IF YES, YOU MUST EITHER ATTACH COPIES OF YOUR ARKANSAS ABC PERMITS TO THIS APPLICATION OR FAX THEM TO (501) 3714569.
Q. PROPERTY OWNER'S NAME: I�i 197.h. • I �� ��rh$� PHONE: �% S�a,�l;� FAX:
R. ARE YOU CURRENTLY INVOLVED WITH DO YOU PLAN ANY CONSTRUCTION OR REMODELING AT THIS LOCATION ---YES ffNO
S. DO YOU STORE OR STOCK FLAMMABLE OR EXPLOSIVE MATERIALS? I IP IF YES, NOTE TYPE AND QUANTITIES:
NOTE: A FALSE STATEMENT
R�SEN�TARTIVE�� SIGNATURE OF OWNER ORMAY
MAKE ;H ` E J�CENSE NULL AND DVOID :AND ���jTVTE �FORFEITURE OF ANY FEES PAID.
■rrrrr;rraarrMrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr�r�arrrrrrrrrrrrrr\r��rlrrrrrirrrrrrrrrr■
FOR OFFICE USE ONLY
PROPERTY IS ZONED� A : YPPROVE �NIED Y: - ON: i 0 -7
CONDITIONS OR SPECIAL INSTRUCTIONS:
ZONING OFFICAL; DATE:
BUILDING OFFICIAL: DATE:
CONTACTED BY: DATE: ACCOUNT#.
rrrrrrrrrrrrrrfrrrrrrrrrrrasr:rrerrrrrrrrrrrrrrarrrrrerrrrrrrrrrrrrr�trrerrrarrrrrrrrrrrrrr■•r
PLEASE NOTE:
1. E YOU ARE NO LONGER N BUSINESS, PLEASE SEND WRITTEN NOW4CATION TO OUR OFFICE.
2. IF YOUR BUSINESS LOCATION CHANGES, PLEASE COMPLETE AN APPLICATION FOR CHANGE OF ADDRESS.
3. CITATIONS WILL BE ISSUED TO BUSINESSES FALING TO COMPLY WITH THE BUSINESS LICENSE ORDINANCE.
WhkeCopy -TrmwyManapemed Ca"Copy-Zadng PlnIcCopy-Customer
Jan.14. 2006 4:08PM
Is
City of Little Rock/501-371-4569
No, 9938 P. 1
CITY OF LITTLE ROCK
Treasury Management Division
100 City Hall Tekphooe: (501) 371-41"
500 West Markham Fism (.401)371.4569
Little Rock, AR 72201
October 9, 2007
Nails by Kimmie
Kimberly Mensie
310 North Van Buren Street
Little Rock AR 72205
RE: Privilege License
Dear Business Owner:
Recendy, an Wfication was received in our office for a City of Little Rock privilege
license. At this time, your request has been denied. Please contact the Zoning department
at (501) 371-4844 with any questions you may have regarding your application.
If the business is being conducted from your homes a bome occupation accessory use
permit must be applied for IN PERSON at the zoning off cc, which is located at 723
W. Markham St, on the second floor.
tlarfdra Anthony
Senior Revenue Collector
Enclosure(s)
Cc: Niswangar Law Firm
Page 1 of 2
Moore, Monte
To: Steve Niswanger
Subject: RE: appeal application for 310 N Van Buren Street
Mr. Niswanger,
I just wanted to update you and let you know that the appeal application for 310 N Van Buren Street will be placed
on the January 28, 2008 Board of Adjustment agenda. I will need to forward the information as found in your
below e-mail to the Board members with the agenda. Would you like to provide the information in a letter form on
letter head, or I can just use a copy of the e-mail? Please let me know which you prefer.
Thank you,
Monte Moore
-----Original Message -----
From: Steve Niswanger [mailto:steve@niswangerlawfirm.com]
Sent: Friday, December 07, 2007 4:42 PM
To: Moore, Monte
Cc: Carney, Dana
Subject: Re: appeal application for 310 N Van Buren Street
Monte:
Sorry to take so long to get back to you. Did you get a chance to see Kimmie Mensie's
application for the PCD before the City Board the other night? Wow! Those people who
showed up against Kimmie were not very nice. I am glad I do not work in your department
and have to deal with ugly -acting people like them all the time!
Anyway, per yout request, here is a detailed description of the proposed use of the property
under the business license. It will be just her - no others. She will do nail art by
appointment only. So, there will never be more than one client there at a time. And she
will not be doing any massages, tanning, hair, or any of the other things that typically go on
in a beauty salon. Let me reiterate that. She is not proposing to operate a beauty salon out
of her house. Only nail art.
Per your request, let me now explain how this differs from the PCD application. In her
amended PCD application, she was proposing to have one part-time employee doing hair.
There will be no others except Kimmie under the business license application. So, no hair,
and just one person (Kimmie).
Under the PCD, there was going to be a parking lot. Not so under the business license
application. Under the PCD, there was going to be signage . Not so under the business
license application (unless it complies with Code, chapter 36, art. X). In other words, the
house will look like a house, and only Kimmie will work there doing nail art. And her
practice is to schedule only one client an hour. So, no new traffic.
This use is an appropriate home occupation. It is just like the music teacher who has a child
show up every hour at her house to have a piano lesson. Except Kimmie will not be as
loud! Under the Code § 36-255(b)(2), in a R-3 district (like this one), the home occupation
12/21 /2007
Page 2 of 2
-
uses are the same as those under an R-1 district. Under § 36-253(b)(6)(b), in an R-1 district,
painting and sculpturing are permitted home occupations. In addition, tutoring limited to 2
students at a time is a permitted home occupation.
Here, Kimmie will be painting nails. She will be sculpturing nails. She will be tutoring her
clients - one at a time - on how to paint and sculpt nails. She will be engaged in a permitted
home occupation.
Now, I know, your department wants to call Kimmie's home occupation a beauty salon, but
it is not. A grocery store sells produce, dairy, cereals, condiments, meat, and beer. If all I
sell is beer, does that make me a grocery store? No! The same applies here. A beauty
salon offers pedicures, manicures, hairstyling, massages, face treatments, tanning, etc. All
Kimmie proposes under the business license application is to do pedicures and manicures -
which is painting and sculpting. She will not be doing a beauty salon.
I hope you find this helpful. I look forward to the determination in this appeal.
Thanks,
Steve
"Moore, Monte" <MMoor•eCaj- ittlerockorg> wrote:
Mr. Niswanger,
Please accept this e-mail as a follow up to our phone conversation last week. With
regards to the appeal application you submitted for Kimberly Mensie at 310 N Van
Buren Street, I need additional information on the issue so the City Attorney's office
can review and determine if the Board of Adjustment is authorized to address the
issue. I need a detailed description of the proposed use of the property, an
explanation as to how this use differs from what was proposed with the PCD
application, and an explanation of why you feel this proposed use(s) is an
appropriate home occupation. I also need a copy of the denied Home Occupation
Application if you have one. I will attempt to locate a copy in our office. If you
have any questions regarding this issue, please let me know.
Thank You,
Monte Moore
12/21 /2007