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
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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