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boa_08 20 1973LITTLE ROCK BOARD OF ADJUSTMENT M I N U T E S AUGUST 20, 1973 MEMBERS PRESENT Lawrence S. Woolsey, Chairman L. Dickson Flake S. Spencer Compton M. R. Godwin Walter E. Vroman MEMBERS ABSENT None STAFF PRESENT Don R. Venhaus John L. Taylor Richard W. Wood James A. Finch W. Mike Dooley Dorothy Light OTHERS PRESENT L. Mitchell, Gazette Reporter N. Miller, Democrat Reporter 2:00 P.M. There being all members present, the meeting was called to order by the chairman. A motion was made for approval of the minutes of the last meeting, which was seconded and passed. Action was taken on the following advertised items: Item No. 1 - Z-2756 Applicant: Various owners by John Burckart Location: 1100 North University Avenue Description: Lots 7R and 8R of a Replat of Block 8, Pleasant Hill Addition Present Classification: "E-1" Quiet Business District Variance: Requests a variance from the Sign Area Provisions of Sec. 43-6 of the Code of Ordinances to permit sign area in excess of permitted 8 sq. ft. (proposed single face sign at 32.5 sq. ft. +) The Staff's recommendation was read as follows: "The Staff recommends denial of variance request as filed. The proposed signs would be out of character with signing in this area of University Avenue. The Board in the past has generally maintained the ordinance requirement of 8 sq. ft. in this area, and the Staff position has been that 8 sq. ft. is not in all cases sufficient or appropriate. The Staff would interpose no objection to a sign area larger than 8 sq. ft. provided such sign were 2. Little Rock Board of Adjustment Minutes August 20, 1973 building mounted and designed as an integral part of the structure." Mr. Venhaus said that the first issue the Board should consider is whether or not the notice to the adjacent property owners was appropriate. The Chairman stated there was a question in the minds of the Board as to the form of the notice. Mr. John Burckart, the applicant, was present and said that he understood that they notified the Post Office to make this notification to the people in the general area by receipt. We sent a letter stating what we were requesting showing a drawing of the sign and telling what materials would be used, the size, etc. Mr. Whitmore said the notice was insufficient in that it did not state the date, time or place of the meeting. Mr. Wood explained how the applications are handled in the office, and the applicant was shown the proper form. Mr. Burckart said that he evidently did not understand. Mr. Flake asked if there was some hardship that the Board did not know about. Mr. Burckart replied that the only hardship was that they had been requested to take the temporary sign down by October 1st. A motion was made that the applicant be requested to renotify the surrounding property owners within the required area with the form that is provided by the Staff but that no additional advertising or fees be required, which was seconded and passed. ' Mr. Venhaus said that the Staff's standpoint would be to allow them to keep their temporary sign until such time as the matter could be brought before the Board of Adjustment again, unless the Board would object to this procedure. 3' A motion was made that the deadline for removal of the temporary sign be extended from October 1st to November 1st and the case be deferred until the regular September 17th meeting, which was seconded and passed. There were no objectors present. Item No. 2 - Z-2306-A Applicant: Shavers Hawkins Location: 600 East 21st Street Description: Lot 8, Block 1, Oak Glenn Addition Present Classification: "C" Two-family District Variance: Requests a variance from All Applicable 3. Little Rock Board of Adjustment Minutes August 20,_1973 Provisions of Sec. 43 of the Code of Ordinances to permit expansion of non -conforming structure The Staff's recommendation was read as follows: "The Staff recommends approval of variance. This property was involved in a variance September 15, 1969, at which time the owner proposed a change or addition similar in nature to this proposal. The Board at that time at the direction of the City Attorney determined that a variance of this nature was within their jurisdiction. The Board approved that variance with no exception and normal ordinance requirements be applied. The Staff suggests that this variance be granted and the owner be required to surface all parking and drives, provide a 6 ft. solid wood fence on the north and east as screening, and install any street, curb work, and drainage not proposed for construction by Model Cities - Neighborhood Development Plan. These items to be complied with prior to issuance of building permit." There were no objectors present. The applicant, Mr. Shavers Hawkins, was present. He stated that the neighbors on the north and east objected to the wood fence because that would interfere with using this parking lot to get in and out of their backyards. Mr. Venhaus said that if these neighbors would sign a statement saying they do not want a fence screen, the Staff would interpose no objection. Mr. Hawkins said he already had a statement regarding this matter and presented it to the Planning office. He also said he had no objection to the Staff's recommendation to pave parking and drives. A motion was made to approve the Staff recommendation with the exception that the fence requirement be waived, which was seconded and passed. OTHER MATTERS Item No. 1 - Z-2705 Applicant: Pulaski Heights United Methodist Church Location: 600 North Spruce Street Description: Lot 6, Block 34, Pulaski Heights Addition Requests Board of Adjustment review of church proposal to locate playground for kindergarten on a detached lot across Woodlawn Street. There were no objectors present. Mr. Venhaus stated that the issue here is whether or not the church would be required to have a variance and authority from the Board of Adjustment in order to develop this lot detached from their primary site for play- ground and recreational purposes. Again, going back to past policy and past issues dealt with by the Board of Adjustment, if this proposal were on the primary site of the church, there would be no question about their right to proceed without any further authority from the Board of Adjustment. 4. Little Rock Board of Adjustment Minutes August 20, 1973 _ _ This lot is detached from the church site, it is separated by Woodlawn Street from the church. It was previously considered a few months ago by the Board and given approval for development as a church parking lot. The question is, by virtue of this lot being detached from the main church site, does the Board have jurisdiction and does this proposal require authority from the Board of Adjustment to proceed. The Board determined that it was within their jurisdiction to act on this case and a motion was made to this effect. NEWLY ADVERTISED ITEMS (Continued) Item No. 3 - Z-2705 Applicant: Pulaski Heights United Methodist Church Location: 600 North Spruce Street Description: Lot 6, Block 34, Pulaski Heights Addition Present Classification: "A" One -family District Variance: Requests permission under the provisions of Sec. 43-22 (4-d) of the Code of Ordinances to permit location of church kindergarten playground The Staff recommendation was read as follows: "This application was filed for the purpose of obtaining direction from the Board as some degree of confusion prevails relating to church accessory uses, on and off site. The property involved in this application was involved in a variance for off-street parking for church use on June 18, 1973, which was granted. The church proposes to use the lot for a playground for a kindergarten which is being planned for the church site across Woodlawn to the south. The Staff position generally is that the church can, as proposed, use the site for playground purposes without a variance. However, some question remains as to the site being detached from the principal church property by a street right-of-way. If the Board feels 1hat they have jurisdiction over the matter, then the Staff recommendation would be as follows: 1. All trees to be retained on the site. 2. Sidewalks installed along both street frontages. 3. 6 ft. high opaque fence (preferably of solid wood construction) along north property line. 4. Removal of all existing structures on lot. There were no objectors present. Mr. Ed Wimberly was present to represent the applicant. He said that they propose to use this lot for a playground primarily for pre-school age children. The equipment will be sandpiles, swing sets, etc. We desire to use this lot until we can acquire more suitable property. We would prefer not to tear up some of our present parking area for such purposes. We propose to use the playground as part of a day-care center Monday through Friday and by the church educational department for school - age children on Sundays. The children would be under close adult 5. Little Rock Board of Adjustment Minutes August 20, 1973 supervision. We have personally contacted all the required residents in the area and all parties signed a petition. There were no strong objections to our plans. Mr. Allon Clift was present and stated that this was a missionary project by the church to provide facilities for a day-care center for the Archild Project. This is a project connected with the State Social Service program to provide day-care centers for abused children. We have the facilities with the exception of a playground. There will be 28 children in these classrooms and we need a playground for them. A motion was made to approve the application subject to the four items recommended by the Staff, which was seconded and passed. Mr. Flake cast a negative vote. Mr. Venhaus introduced Mr. James Light, a newly employed Zoning Enforce- ment Officer. There being no further business, the meeting was adjourned at 3:00 P.M. _& ic Don R. Venhaus, Secretary ence S. W6olsey, Chairman