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boa_01 17 1972LITTLE ROCK BOARD OF ADJUSTMENT M I N U T E S JANUARY 17, 1972 MEMBERS PRESENT Darrell D. Dover, Chairman Dave Grundfest, Jr. Lawrence Woolsey L. Dickson Flake MEMBERS ABSENT S. Spencer Compton, Vice Chairman STAFF PRESENT Don R. Venhaus Louis E. Barber Richard Wood James Finch Dorothy Riffel OTHERS Riddick Riffel, Asst. City Attorney J. lluddleston, Gazette Reporter Brenda Tirey, Democrat Reporter 2:00 P.M. Mr. Riddick Riffel, Assistant City Attorney, acted as temporary chairman for the election of officers for 1972. Nominations were called for, and Mr. Lawrence Woolsey was nominated the chairmanship, which was seconded. Mr. Woolsey, however, declined the nominationa. Mr. Darrell Dover was then nominated and elected by acclamation. Mr. Spencer Compton was nominated and elected Vice Chairman by acclamation. There being a quorum present, the meeting was called to order by the Chairman at 2:00 P.M. A motion was made for approval of the minutes of the last meeting -as mailed, which was seconded and passed. The followine action was taken on advertised matters: Tract No. 1 - Z-2548 Applicant: Meadowcliff Baptist Church Location: 5630 Mabelvale Pike Description: Long legal Classification: "F"-Commercial District Variance: Requests a Variance from the Rear Yard Setback Provisions ofSection 43-15 of the Code of Ordi- nances to permit an addition to existing church building Staff recommendation: The Staff recommended approval of this application subject to (1) the necessary dedication for 60 foot right-of-way for Mabelvale Pike and street improvements for a 36 foot street width; (2) surfacing and screening of parking areas as required by Ordinance. Board of Adjustment Minutes January 1721972 Mr. G. H. Pierce, Chairman of the Board of Trustees of the Meadowcliff Baptist Church, was present representing the applicant. He stated that the Church plans to extend the church sanctuary 42 feet to the south and would be the same width as the present building. This would accommodate 150 additional seating capacity which at the present time is approximately 400. The Variance on the property line was for the back educational portion of the building which was built in 1964. Mr. Pierce indicated he did not understand the first requirement of the recommenda- tion. It was explained to him that the recommendation was that a subdivision plat be filed on the property, dedicating necessary right-of-way to form a 60 foot street on Mabelvale Pike which would be about 30 feet of property off of the south portion of the tract. Also that they construct one-half of Mabelvale Pike, with curb and gutter, sidewalks and underground drainage facilities on the north side of Mabel - vale Pike at that location. Mr. Pierce responded saying this would place an undue hardship on the church financially to dedicate 30 feet more property, plus the fact that they would have to pave the street, put in curb gutter, etc. Mr. Venhaus indicated that these improvement requirements were made in 1964 when a building permit was issued at that time, and they were never fulfilled by -the Church. Mr. Pierce said his under- standing at that time was that only curb and gutter and sidewalk was being required. Mr. Venhaus stated that there was some correspondence between Mr. Pierce and Mr. John L. Taylor which reflected that he was turning down a request by the same church on the same issue - refusing the request for a waiver of dedication and improvement requirements on Mabelvale Pike, but there was no reference to the right- of-way width. Attached to the building permit issued for the addition in 1964 was a letter from Mr. Pierce stating that all plans for the construction of the proposed addition and construction plans for the proposed curb and gutter had been approved by the proper departments. However, Mr. Venhaus added that requirements on Mabel - vale Pike would have been the same then as now, and that subsequent developments in the area had made the required improvements. A motion was made that due to the fact that commercial business along Mabelvale Pike have all had to meet the same requirements that approval be granted for the Variance subject to 1 necessary dedication for 60 foot right-of-way for Mabelvale Pike and street improvements for a 36 foot street width, and 2). surfacing and screening of parking areas as required by Ordinance. The motion"was seconded and passed. Tract No. 2 - Z-1859-A Applicant: Baptist Medical Center, Inc. Location: 1600 Block of North University Ave. (east side) Description: Long legal Classification: "E-l" Quiet Business and "C"-Two-family, and "D"-Apartment District Variance: Requests a Variance from the Height Provisions of Section 43-14 of the Code of Ordinances to permit construction of an office building to a height of 125 feet _+ Requests permission under the Provisions of Section 43-22-(4)-(d) to permit parking lot in residential zone -2- Board of Adjustment Minutes- January 17 1972 The Staff recommended approval of this application subject to: (1) filing of a subdivision plat providing for dedication of necessary right-of-way for University Avenue and "0" Street, and construction of streets (2) construction of a 4 foot high masonry screening wall along University Avenue and "0" Street to protect the residential areas across those streets from the parking areas. Mr. Merrill Porter, representing the applicant: was present, and stated that the recommendations of the Staff were satisfactory to the applicant. Mr. Venhaus asked Mr. Porter if they would have any objection to extending a minimum setback distance of 60 feet between the proposed structure and the re- located property line on "0" Street. Mr. Porter replied that they had no objection. Mrs. Jerry T. Light, 5509 Sherwood Road, was present to register her opposition. Mr. E. W. Turner, 1607 North University whose property is immediately to the north adjoining and adjacent to the site under discussion, was present. He was concerned about the right-of-way width of 110" Street to the north side. He was told that his property would not be affected. Mr. E� W., Kinkead, 1617 N. Grant, was present and asked if Grant Street would be widened north of the property under discussion, or effected in any way as a result of the improvements contemplated. He was answered in the negative. Mr. T. H. Dunkle, 1606 North Fillmore Street, was present to determine if "0" Street would be extended through to Fillmore. He was told that "0" Street would only extend along property off; the applicant, and there will be access from "0" Street to the property and not from University Avenue in this particular area. Mr. Venhaus commented that in his opinion the density and level of development proposed for this site would create much less impact on the neighborhood and traffic burden than would the proposed Medical Center project which was formerly planned for this site. A motion was made that the application be approved subject -to (1) filing of a subdivision plat providing for dedication of necessary right-of-way for University Avenue and "0" Street and construction of streets; (2) construction of a 4 foot high masonry screening wall along University Avenue and "0" Street to protect the residential areas across those streets from the parking areas; and (3) a 60 foot setback in addition to the 25 foot required dedication for "0" Street. The motion was seconded and passed. Mr. Woolsey abstained. OTHER MATTER Z-1942 - Dr. Wm., L. Cloud 5302 West Markham Street - Request for extension of time limitation previously granted. After some discussion, a motion was made to extend the time limitation for nines da s as requested, which was seconded and passed. There b g no further business, the meeting was Darrell Dover'9 Chairman adjourned at 2:45 P. M. 042.t4 LP-4_4- Don R. Venhaus, Secretary 515