A fire at a decades-old upholstery business may have been too severe for the structure to be repaired, according to the Pine Bluff Board of Zoning Adjustment and Planning Commission, which met on Tuesday.

Jonas Williams came before the commissioners to appeal the zoning administrators' decision denying a nonconforming use permit at 707 W. Pullen St., which is in a residential zone.

Williams said he has been running a business -- Jonas Williams Upholstery -- in that building for 39 years and it has been there for more than 70 years. Williams wants to repair the burned commercial structure, which he says services many people.

Larry Reynolds, Southeast Arkansas Regional Planning director, said that based on his discussion with zoning administrator Lakishia Hill, it is her opinion that the structure is damaged beyond 50 percent and that inadequate information has been provided to refute her decision.

"The structure and use have been a fixture in Pine Bluff for decades and provide a needed profession. It is staff's belief that the building served a dual purpose as a reupholster shop and residence," said Reynolds. "However, the property sits in the middle of a residential zone with single family residential uses located adjoining the parcel and no commercial zone in close enough proximity to expand to include the commercial use."

Reynolds said that based on information provided by Williams, the structure is valued at $27,100 based on Jefferson County real estate records.

"No professional estimate has been provided to Ms. Hill with any indication that the building can be brought up to current building codes for less than half the assessed value or $13,549 or less," he said. "Without that documentation, Ms. Hill was bound by ordinance to deny approval to rebuild."

Reynolds said without supporting documentation provided from Williams by a licensed professional contractor, staff's opinion is that the correct action was taken, and the appeal should be denied and the decision of the Zoning Administrator upheld.

Williams said he did have estimates to repair the building, including a $3,300 quote for electrical work and a verbal estimate of roughly $4,000 for a carpenter contractor.

A motion was made to table the appeal for 30 days to allow Williams to supply supporting documentation that will come under the 50% value of the property.

"If the commissioners deny it, he can go to the circuit court for an appeal," said Reynolds. "If it is tabled and under 50%, he doesn't have to come before the commission and Mrs. Hill can issue it."

In other business, the Pine Bluff Zoning Adjustment Board considered two variance requests.

The first variance was a request to use a new metal container for exterior storage at 6715 Sheridan Road in a commercial zone.

John Smykla, who submitted the request, said a new business, Sylvia's Pizzeria, will be established in Suite C of that location, which is a strip center with two current tenants, a liquor store and a fresh market.

"I would like to place a new metal container behind the strip center to store dry goods such as pizza boxes, cups and other to-go containers," said Smykla, who added that the container would not be visible from the street.

Smykla said pizza boxes take up quite a bit of space, and the container would help maximize the space inside the restaurant for customers. At the time of the application, Smykla did not have the exact location or dimensions but during Tuesday's meeting, he gave Reynolds more information.

According to Smykla this practice is common as his consultants in Tulsa also use similar containers in downtown.

Based on the information provided, Reynolds recommended the request be approved. The commission approved the request.

The second variance request was to allow Babbye Davis a carport to be constructed near her property line at 812 S. Hickory St., which is in a residential zone.

According to Davis, the carport is already raised with a roof and she would like to complete the carport for the sake of her health and disability. Davis said she has had two hip replacements and has fallen twice.

Reynolds told the commissioners that the carport had been built without a permit and in violation of the city's zoning ordinance, which requires a five-foot side setback.

"On a site visit, it appears that the structure may be located in a portion of the alley," he said. "In most instances, utilities do not locate their lines this close to the edge of the right-of-way and normally they are located more towards the center. A survey would be needed to verify the property line."

Davis said she added to her home 10 years ago and had no idea there was an alley there.

Reynolds said her previous application allowed a deviation from the formal requirements of the variance requirements.

"In this instance, the code specifically states a variance is authorized only for height, area and size of structure or size of yards and open spaces," he said. "Based on these requirements, the property in question would fail to meet all conditions for approval."

Reynolds' recommendation to the commissioners was to disapprove the request because the application did not meet the ordinance requirements. "An alley closing request would be a more appropriate remedy for this situation," he said.

Davis said she reached out to her neighbors to get them to sign off on the alley closing request and that all but one supported the initiative.

The commissioners made a motion to table her request to allow Davis 30 days to see if the property owner will approve the request.

Print Headline: Board tables requests for zoning exceptions

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