boa_04 25 1983LITTLE ROCK BOARD OF ADJUSTMENT
MINUTE AND SUMMARY RECORD
APRIL 25, 1983
4:00 P.M.
I. Roll Call and Finding of a Quorum.
A quorum was present, being seven in number.
II. Approval of the Minutes of the Previous Meeting.
Note: Minutes were not offered for signature at this
meeting.
Present: Ellis Walton
Richard Yada
Steve Smith
Joe Norcross
Marcelline Giroir
George Wells
Absent: Thomas McGowan
Attorney
Present: Hugh Brown
April 25, 1983
Item No. 1 - Z-4008
Owner: Pulaski Academy, Inc.
By: William J. Gaskin
Address: 12701 Hinson Road
Description: Long Legal - Identified as the Part of
the NE 1/4 of Section 32, T-2-N, R-13-W
Zoned: "R-2" Single Family District
Variance
Requested: Permission under Provisions of
Section 43, Article 4, Section 4.102
Paragraph H. to add less than 10%
new floor space to an existing
principle structure.
Present Use of
Property: School Campus
Proposed Use of
Property: Expanded School Use of the Campus
STAFF REPORT:
This application was generated by virtue of the annexation
of this property several years ago. The property involved
was occupied by Pulaski Academy at that time and was deemed
to be a permitted conditional use after annexation. The
application as presented proposes the addition of two small
use areas on the south and west end of the existing
buildings. These additions will in no way encroach upon the
setback relationship now existing adjacent to Marlowe Manor
Subdivision. In the staff review, there were no adverse
comments received from reviewing agencies. A staff visit to
the site and review of the site history produced the
following:
1. The requested use variance as filed conforms to the
Ordinance requirement.
2. All of the land involved is acreage never having been
platted.
3. The right-of-way width on Hinson Road is in doubt as to
the present dimension and as to the amount provided by
this site.
April 25, 1983
Item No. 1 - Continued
4. There are no physical improvements beyond a two lane
driving surface with wide shoulders.
5. The main building was constructed prior to annexation
and the freestanding kindergarten was constructed after
annexation with a waiver of off -site improvements.
6. Street improvements have been required on this reach of
Hinson Road from numerous developments, including
residential, churches and office uses.
7. It has been suggested by the applicant that the school
has placed in escrow a cash contribution to the
improvement of Hinson Road. The exact dollar amount is
unknown to this office. It has been indicated to be in
the neighborhood of $26,000.
8. A plat is needed to provide for the proper distribution
of utility and drainage easements and services. The
plat is needed to provide necessary dedication of
right-of-way to Hinson Road.
9. A need for the school to deal with a master plan of the
site to avoid future conflicts with the Ordinance and
public policy.
STAFF RECOMMENDATION:
The staff view of the request is that the use variance
should be approved; however, we feel the time is right for
attention to several of the items noted in our report. We
suggest that the Board approve the request as filed subject
to:
1. Provision of a final subdivision plat dealing with the
easements and dedications noted. Additionally, control
of access should be provided on the plat.
2. Provision of a contribution to an in lieu account for
the future construction of Hinson Road. This is
especially important due to Hinson Road having a high
priority for any new capital improvements bonding.
3. Submittal of a master plan through the conditional use
permit process prior to future building construction.
April 25, 1983
Item No. 1 - Continued
BOARD OF ADJUSTMENT ACTION:
The application was represented by William J. Gaskin and
Mr. Bob Shell who made presentations. There were no
objectors present, but several interested persons. Dr. Gene
Stanford, a neighbor in Marlowe Manor Subdivision, expressed
his concern for street improvements and the further delay in
their installation. Mr. Shell clarified several points
raised by the staff as to the status of the escrow account.
He stated that the $25,000 was in an interest bearing
account in a bank as provided for in the letter of agreement
accepted by the City in 1978 [copy of the letter attached].
Mr. Bob Lane of the Public Works Department, offered comment
on the composition of the improvements required and the
letter of agreement. He stated that he felt that the City
should honor the agreement as is, except for modification of
the terms of release of funds. He stated that circumstances
have changed, and there is little possibility of Hinson Road
becoming a federal funded project. Also, that the City
might want to utilize the funds at such time as the
Fellowship Bible Church constructs improvements to the east.
The Board then held a discussion of the issues raised and
possible resolution. During the course of this discussion,
the school representatives indicated a willingness to modify
the agreement as suggested by Mr. Lane. Further, that the
agreement could be rewritten to embody basically the same
provisions but provide for public control of dispersal of
the funds. Mr. Wells introduced the idea that inasmuch as
the City Engineer and Mr. Shell agreed that $25,000 would do
the job, it should be done now. This would accomplish
several goals and relieve the school of maintaining the
account and have use of the street improvements. Mr. Lane
agreed that would be acceptable, but pointed out that we
were trying to honor the intent of the agreement and were
not forcing the issue. It was then pointed out by another
Board member that perhaps the agreement could be worked out
to provide for Pulaski Academy doing the work at its option
in advance of any agreed upon time or plans. The Board then
determined that a motion was in order. The motion was
offered as follows:
1. Approval of the building additions as proposed.
2. That a final subdivision plat be filed and recorded
within thirty days of this meeting. This plat would
provide for control of access to Hinson Road utility
easements and street dedication.
April 25, 1983
Item No. 1 - Continued
3. The funds provided in the original 1978 agreement be
moved to a true escrow account, and a new letter of
agreement be submitted. This agreement will provide
for City control of money except for early withdrawal
by Pulaski Academy for immediate construction. The
plans and specifications are to be reviewed by the City
Engineer prior to release of the funds or construction
of the street. The letter of agreement to provide for
an acceptance paragraph for a City official's
signature, as well as the bank and Pulaski Academy.
The letter will provide for early release to the City
for construction in conjunction with adjacent projects
and not be restricted to total street projects along
Hinson Road.
4. Submittal of a Master Plan through the conditional use
process prior to future building permits.
The Board voted to approve the motion as offered by a vote
of 6 ayes, 0 nays, 1 absent and 1 abstention (being Joe
Norcross).
[i0j) 225
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`Street "
? rkansas
AT'T : ;4iz•.-,.3olaiL A; 'Thomas ..and , t1r. Ernie Peters
RE::.:"' ;'application for Construction Permit: at
12701 i3ztzsan- Road, ,Little Rock; Arkansas
Gentlemen:-.
mr
Plea'se,•refer to Mr. John A. Thomas' letter of June 22, 1978, addressed
to Jack Welch Construction Company, a copy being furnished Pulaski
Academy..
The permit fee of $57.50 requested in paragraph 2. of the letter,
page 2, has been forwarded.
The electrical system detail drawing has been submitted in conformance
with paragraph 1(A), page 1 of the Thomas letter-.
You will also find a
parking lot layout
showLrig approximately
110)
parking spaces, some
excess spaces above
the required
95 spaces. The
driveways for the entire school, and all
parking lots
are shown.
Please be advised that there has been filed a substituted plat reflecting
a 40 foot right -of -way -on the South side of Hinson Road which is tile -
North 40 feet.of that part of the NEI/4 of Section 32., that is owned by
Pulaski Academy, This. conforms with paragraph 1(C).(2.) of your letter.
Although a gtortgage, lien is- presently upoil the right -of_ -way area, we
an.ti.cipate•.no difficulty; in releasing that portion when needed for the
righE-Of=taay to.the City.of'Little Rock. The release may either be as
shown on the plat, or by formal'dedication.
If•_•the'already submitted plans and specifications for all work located
within the right-of-way (curb cut and restoration of old curb cut), are
not adequate, they will be submitted to the Engineering Division by Mr.
Stephen Rousseau of Rousseau and Fikes, Inc., not later than 60 days from
the date of the issuance of the permit.
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. . W.
Page .2
July 20, '1978
Department of. Community Services
In lieu of installing curbs, gutters, sidewalk and any other requirements
involving Vinson Road as noted in Mr. Thomas` letter, pursuant to our
conversation with Mr. Ernie Peters, Pulaski Academy agrees that prior to
December 31, 1983, the sum of $25,000.00 shall be deposited in as escrow
account•in a local bank or savings and loan association. Pulaski Academy
shall receive the interest from this escrow account until the City of
Little Rock shall become entitled to the $25,000.00 sum. After December 31,
1983,' when notified by the City of Little Rock that the plans, and speci-
ficatign'for . the'.improvement of„Hinson Road had been 1. - t for bid, such
plans=..and.- specificati'ons..beiag as required by the City of Little Rock, they:
$25;000.00 in escrow shall be paid to the City of Little Rock, or its
designee. It is contemplated that the sums derived from the escrow account
may, be used. to provide matchitig' funds for the improvement of 11irison Road.
Further, Pulaski Academy agrees to make the initial deposit: of not less
than $2,000.00 into the escrow account on or before December 31, 1978.
Likewise, the Academy agrees to make annual deposits in such aii-aunL as
deemed appropriate by Pulaski Academy; however, the full deposit of
$25,000.00 shall be made prior to December 31, 1-983.
On or before December 31, 1978, Pulaski Academy will furnish Ernie Peters
f a 'copy 'of the initial deposit slip showing the: amount of the deposit, the
account number, and the bank in which the interest bearin,; cscroc•r account
exists.
The'•action of the Kindergarten Committee in agree_nf; to the. above terns:
has,been ratified by the Board of Education of Pulaski Acaclemy, in
regular session, on July 19, 1.978.
Yours very truly,
4.�i iorr-,-son Henry,-'M.D.. .
Chariman of the Board
April 25, 1983
There being no further business, the meeting adjourned at
4:40 p.m.
Date: & 16 — $ �t
Secretary: hairman: