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boa_03 28 1977SUMMARY OF LITTLE ROCK BOARD OF ADJUSTMENT MEETING MARCH 28. 1977 2:00 P.M. There was a quorum present and minutes of the previous meeting were approved. Members present: Robert Shell, Chairman Samuel W. Anderson M. R. Godwin Jerry 4C. Wilcox Riddick Riffel, City Attorney Members absent: 1 vacant position 3-28-77 Item No. 1 - NEW MATTERS Case Number: Z-3114 Applicant: Gerald K. Johnson Location: 5101 Edgewood Road Description: Long legal Present Classification: "A" One -family District Variance: Requests a variance from the rear yard setback provisions of Sec. 43- 12 of the Code of Ord„ to permit encroachment of main structure into yard space Proposed Use: Requests a variance from the side yard setback provisions of Sec. 43-12 of the Code of Ord. to permit encroach- ment of main structure into yard space Expand main structure and tie to accessory building BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED ON A MOTION TO APPROVE AS FILED. THE MOTION PASSED BY VOTE OF (4 ayes - 0 noes - 1 unfilled position). Staff Recommendation: This proposal, if accomplished, would extend the principal building on the lot into the rear and side yard setbacks. A site inspection by the staff indicates little, if any, adverse affect on adjacent properties. The staff would recommend approval as filed. There were no objectors present and no letters of objection. The applicant was present. - 1 - 3-28-77 Item No. 2 - NEW MATTERS Case Number: Z-3118 Applicant: John and Susan Fitton Location: #25 Evergreen Court Description: Lot 60, Leawood Manor Present Classification: "A" One -family District Variance: Requests a variance from the rear yard setback provisions of Sec. 43-12 of the Code of Ord. to permit an addition to existing residence BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED ON A MOTION TO APPROVE AS FILED. THE MOTION PASSED BY VOTE OF(4 ayes - 0 noes - 1 unfilled position). Staff Recommendation: This owner proposes to add a 13xl4 ft. addition to the existing structure in an area already occupied by a deck. This residence was constructed on terrain with grades such that the prop- erties and residences to the north (rear of lot) are 15 to 20 ft. below this addition. The staff feels that there are no adverse relationships in this proposal and we recommend approval as filed. There were no objectors present and no letters of objection. The applicant was present. - 2 - 3-28-77 Item No. 3 - NEW MATTERS Case Number: Applicant: Location: Description: Present Classification.: Z-2394-A Tall Timber Develop Corp. 9600 Block West Tall Timber Blvd. Long legal "A" One -family District Variance: Requests permission under pro- visions of Sec. 43-22(4)(d) of the Little Rock Code of Ord. to permit recreation facility to be located in an "A" zone BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED ON A MOTION TO APPROVE AS RECOMMENDED BY THE STAFF. THE MOTION PASSED BY VOTE OF (4 ayes - 0 noes - 1 unfilled position). Staff Recommendation: This request is to allow the community recre- ation center in residential zoning rather than attempt rezoning to "D" Apt. which is the required zone. In this case; as in many previous recreation developments, the staff feels this is the appro- priate route and supports the issue completely. In recommending approval, we would suggest that along the east property line, adjacent to single family lofts; a 6 ft. opaque fence be erected. We would recommend a permanent type wood fence. There were no objectors present and no letters of objection. The applicant was present and stated the staff recommendation was acceptable. mm 3-28-77 Item No. 4 - WL'O MATTERS Case Number: Applicant: Location: Description: Present Classification: z-1143-C Cumberland Nursing Home by Ray Huckaby 1516 Cumberland Street All of Block 19, Original City, less and except the W50 ft. of Lots 1,2,3 in the said Block 19 "E-1-A" Nursing, lodging, under- taking District Variance: Requests a variance from the rear yard setback provisions of Sec. 43-14(1) to permit construction of new nursing home with encroachment of 15 ft. Proposed Use: Build new building on site BOARD OF ADJUSTMENT ACTION: DUE TO THE LACK OF NOTICE COMPLIANCE, THE BOARD VOTED TO DEFER THE CASE UNTIL THE REGULAR APRIL 25, 1977 MEETING. (4 ayes - 0 noes - 1 unfilled position) Staff Recommendation: This application is the third or fourth pro- posal presented by this owner and previous owners to develop an expanded nursing facility on this block. The present owner has acquired all properties in the block except the corner at 15th and Scott. All existing buildings will be removed in this plan. The issue before the Board is limited to a rear yard setback waiver along the west property line. The staff review has revealed a potential problem area involving the old residence which is located on the ocrner at 15th & Cumberland Streets. This structure is identified as the Leigh House and its possible demolition has spurred a move by interested parties to obtain from the City Board a moratorium on demolitions. This moratorium would provide time to develop a means of possibly saving and restoring several significant structures. The staff feels that even though the State Health Dept. and some building code regulations favor a completely new building, some caution should be exercised in that approach. The staff would recommend that the request as presented be denied at this time. - 4 - 3-28-77 Item No. 4 - Z-1143-C (Continued) The applicant, if presented with a time problein,could continue with a revised proposal without a variance if he were willing to delete the Leigh House and provide a 25 ft. rear yard setback. There were persons present who were interested in the issue. There were no petitions or letters submitted. The applicant was present and stated he had not and could not submit the proof of notice even though it had been mailed. - 5 - 3-28-77 Item No. 5 - NEW MATTERS. Case Number: Applicant: Z-3123 Frank Pace & Son, Inc. by Carroll Tucker Location: 2401 Lehigh Dr. Description: Lot 675, Twin Lakes Sec. "H" Present Classification: "A" One -family District Variance: Requests a variance from the rear yard setback provisions of Sec. 43-12 of the Code of Ord. to permit new residence with encroachment of 8 ft. Proposed Use: New residence BOARD OF ADJUSTMENT ACTION: THE BOARD VOTED ON A MOTION TO APPROVE THE REQUEST AS FILED. .THE MOTION PASSED BY VOTE OF (4 ayes - 0 noes - 1 unfilled position). Staff Recommendation: The staff feels that this request is not a hardship kind of issue. The house plan as drawn did not consider the lot on which it is to be placed and an 8 ft. waiver would have to be granted in order to build. There are several options open to the builder such as: moving the affected carport area and adja- cent bedroom north the required 8 ft.; building a one -car carport. The staff would recommend denial. There were no objectors present and no letters of objection. The builder was present and spoke to the Board in support of his request. There being no further business, the meeting was adjourned at 2:15 p.m. Robert Shell, Chairman r at aniel M. Griffin, Secret ar 6 -