boa_10 15 1973LITTLE ROCK BOARD OF ADJUSTMENT
M I N U T E S
OCTOBER 15. 1973
MEMBERS PRESENT
L. Dickson Flake, Vice Chairman
S. Spencer Compton
M. R. Godwin
Walter E. Vroman
MEMBERS ABSENT
Lawrence S. Woolsey
STAFF PRESENT
Don R. Venhaus
John L. Taylor
Richard W. Wood
W. Mike Dooley
Floyd Villines
James P. Light, Jr.
James C. Lawson, Jr.
Dorothy Light
OTHERS PRESENT
F. Fulton, Gazette Reporter
R. Armbrust, Democrat Reporter
David Henry, City Attorney
2:00 P.M.
There being a quorum present, the meeting was called to order by the vice
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 items:
Item No. 1 - Z-2765
Applicant: Cloe Thomas
Location: 2224 Arch Street
Description: Lot 7 and SZ of 8, Block 5, Clark's
Addition to Little Rock, Arkansas
Present Classification: "F" Commercial District
Variance: Requests a variance from All Applicable
Provisions of Sec. 43 of the Code of
Ordinances to permit addition to and
expansion of existing non -conforming
structure
The Staff's recommendation was read as follows: "The Staff recommends
denial of variance request as this property is greatly overdeveloped.
There are at the present time few parking spaces on this site which,
Little Rock Board of Adjustment Minutes 2•
October 15, 1973
with the present uses, would be required 12 spaces. All setback areas
are encroached upon by structures."
The applicant was present and stated that there is a liquor store on
the site which needs to be enlarged. There will be room for four or
five parking spaces.
Mr. Carl Miller of the Broadway Property Owners Association was present
in opposition. He presented a letter of opposition from State
Representative. Robert Johnson. He said that they oppose this variance
because the property is already crowded.
There were other objectors present.
A motion was made to deny the application, which was seconded and
passed.
Item No. 2 - Z-2760-A
Applicant: Herbert Storthz
Location: 2800 Block Foxcroft Road
Description: Lots 5, 6, 7, 8, 9 and 10, Block 23,
Bellevue Addition to Little Rock
Present Classification: Existing "A" One -family District
proposed "D" Apartment District
Variance: Requests a variance from the Height and
Area provisions of Sec. 43 of the Code
of Ordinances to permit setback waivers
The Staff's recommendation was read as follows: "The Staff recommends
denial of requested variances. To grant these variances as requested
would permit the overdevelopment of this site. In almost every apart-
ment development constructed in recent years developers have not been
able to place maximum densities on a site. The Staff has determined
that 80% of density is average after ordinance requirements are applied.
The developer to the east and north has complied with ordinance require-
ments on terrain less desirable than this site."
Mr. Ed Wright was present to represent the applicant. He stated that
the application is for a waiver of the 25 ft. front yard setback
requirements. The property is presently zoned "A" although the Plan-
ning Commission has recommended to the Board of Directors that the
property be rezoned "D" Apartment. The proposed development plan does
require the granting of the 25 ft. setback requirement. The front yard
will face on "X" Street. The plan is for condominium apartments with
19 units and 40 parking spaces. The property contains approximately
one acre. This developer proposes a density of less than 50%.
Mr. Vroman asked what the distance was from the.curb line to the property
line on the front.
Mr. Wright replied that it was about 15 ft.
3.
Little Rock Board of Adjustment Minutes
October 15, 1973
Mr. Vroman asked how it would be treated.
Mr. Wright replied that it would be fully landscaped.
A motion was made that the applicant be allowed in lieu of the variance
requested to come up with a plan that would allow parking in the "X"
Street setback area but that would not grant any further waivers in
terms of encroachment into the side yards or into the front yard and as
part of that variance, would require that there be a 25 ft. setback on the
Foxcroft side for the corner building. Motion passed.
Item No. 3 - Z-2768
Applicant:
Location:
Description:
Present Classification:
Variance:
Dwight Linkous
5002 West 65th Street
Lot 5, Creshills Replat, Replat of
Lot 15, Leigh & Butler Acres
"F" Commercial District
Requests a variance from the Rear Yard
Setback Provisions of Sec. 43-15 (2)
of the Code of Ord. to permit 5 ft.
encroachment into rear yard
The Staff's recommendation was read as follows: "The Staff recommends
denial of requested variances as no case can be made for this variance
as a hardship. There are no improvements on the site and with a little
redesign of the structure toward the southwest would accommodate the
required 5 ft. additional rear yard. There is a close relationship along
the north line of this site with a dense apartment complex, which has
provided a minimum 5 ft. side yard along this line. It should be noted
that no curb cut or access will be permitted to West 65th Street."
Mr. Dwight Linkous was present to represent the owners and developers.
He said that this property had been turned down many times by developers
in the past. The main objection was a gas line extending through a
major portion of the property. With the land cost being what it is and
the requirements as far as an encasement around this gas line for ingress
and egress, we had to come up with what we felt like would be a minimum
of square footage to give us a return on this particular investment. Our
proposal is for a 11,400 sq. ft. shopping center. We already have the
building leased in its entirety. The lessees have stated emphatically
that they will require a service road to the rear of this shopping center.
There is an apartment building adjacent to the property and a privacy
fence that extends east and west along this particular property line.
We understand that there is no possible way that an entrance can be made
off of 65th Street.
Mrs. S. Siebert, 12940 Rivercrest Drive, was present in opposition. She
and her husband own the adjacent apartment building. She said that this
proposal would keep people from being able to see their apartment build-
ing.
A motion was made to deny the application, which was seconded and passed.
Little Rock Board of Adjustment Minutes
October 15, 1973
Item No. 4 - Z-2773
Applicant:
Location:
Description:
Present Classification
Variance:
L. R. Municipal Water Works
11400 Col. Glenn Road
Long legal
"A" One -family District
Requests permission under the pro-
visions of Sec. 43-22 (4)(I) of the
Code of Ord. to permit location of
public utility (pump station and
storage facility)
The Staff's recommendation was read as follows: "The Staff recommends
approval of application as this appears to be an appropriate location
for a use of this nature. The Staff suggests the Water Works give
consideration to landscaping the site similar to Ozark Point as this
area of the city is fast becoming urban."
There were no objectors present.
4.
Mr. Bill McMahan, engineer with the Little Rock Water Works, was
present to represent the applicant and stated that this was undeveloped
property at this time where they wish to locate a pump station facility.
A motion was made for approval_ of the application, which was seconded
and passed.
Item No. 5 - Z-2767
Applicant: Wilbert E. Jones
Location: 2500 South Broadway Street
Description: Lot 12 and N2 of 11, Block 2, Retan's
Addition
Present Classification: "C" Two-family District
Variance: Requests a variance from the Height and.
Area provisions of Sec. 43-20 (2)(E) of
the Code of Ord. to permit accessory
building to occupy more than 30% of
rear yard.
The Staff's recommendation was read as follows: "The Staff recommends
denial of the requested variance as it has been determined by the Staff
that the use as it exists is improper and not permitted in this zoning
district. The Staff recommends this use be discontinued and an alternate
site properly zoned be utilized."
There were no objectors present.
Mr. Venhaus stated that the Staff recommendation should have read that
in the opinion of the Staff, the use to which the property is being put
is not a legitimate accessory use for an institution or philanthropic use.
The applicant, Mr. Wilbert E. Jones, was present. He said that the
dormitory is for rehabilitation of alcoholics, zoned and operated by two
Im
Little Rock Board of Adjustment Minutes
October 15, 1973
AA groups since March, 1971. We have 22 persons and the only way
we can help these people is through the sale of used clothing and
furniture. We need more room on the existing garage for storing and
displaying these articles. At present, we are using the driveway
for the sales. We have no regular hours for the sales except all
day on Saturdays.
A motion was made to allow the applicant to expand to the south of
the existing garage if adequate parking is provided and subject
property is zoned commercial, which was seconded and passed.
RECONSIDERATION ITEM:
Applicant: George Bilheimer
Location: 108 South Pine Street
Description: Lot 3, Block 3, Plateau Addition
Applicant requests reconsideration of previous variance denial on
subject property. As no new evidence has been submitted, the
Staff recommends the matter not be reconsidered. The Board at
this time is dealing with granting or refusing a rehearing of the
matter. A unanimous vote is required.
There were no objectors present.
Mr. Venhaus reviewed the previous actions taken by the Planning
Commission and Board of Adjustment regarding this property. The
motel at the southeast corner of Markham and Cedar has 64 units
with only 32 parking spaces provided on the site. The applicant
has been issued a temporary occupancy permit for 32 units. A
year has elapsed and the applicant can refile a variance request.
Mr. George Bilheimer, the applicant, was present and presented a
feasibility study dated April 23, 1971 regarding the motel and
parking spaces. Snell Limb & Brace Company across the street from
the motel at 3924 West Markham has offered 20 parking spaces on
their property that they could use temporarily,
The Board denied the request for reconsideration.
OTHER MATTERS:
Applicant: George Bilheimer
Location: 105 South Cedar Street
Description: Lots 12, 13 and 14, Block 3,
Plateau Addition and Lots 3 and
4, Block 4, Plateau Addition
Applicant requests Board of Adjustment consideration of extension
of time to allow parking spaces required on motel development.
Little Rock Board of Adjustment Minutes
October 15. 1973
There were no objectors present.
91
A motion was made, seconded, and passed that the applicant be allowed
to utilize 20 parking spaces from Snell Limb & Brace Company until
January 1, 1974, subject to a lease agreement or other device commit-
ting the parking for that period. The Board also required installation
of street improvements on Cedar Street to be underway with ten days.
The Board of Adjustment used this device to allow the applicant addi-
tional time (until Jan. 1) to complete his parking requirements.
There being no further business, the meeting was adjourned at 3:30 P.M.
Don 1�: Venhaus, Secretary
7
L. Dickson Flake, Vice Chairman