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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