boa_05 15 1972LITTLE ROCK BOARD OF ADJUSTMENT
M I N U T E S
MAY 15. 1972 2:00 P.M.
MEMBERS PRESENT
Darrell Dover, Chairman
S. Spencer Compton, Vice Chairman
L. Dickson Flake
Capp Shanks
MEMBER ABSENT
Lawrence Woolsey
STAFF PRESENT
Don R. Venhaus
John L. Taylor
Louis E. Barber
Richard Wood
James A. Finch
orothy J. Riffel
OTHERS
J.Huddleston, Gazette Reporter
Tommy Jordan, Democrat Reporter
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.
Action was taken on the following advertised items:
Tract No. 1 - Z-2584
Applicant:
Location:
Description:
Classification:
Keith R. Pilkington
2200 Wright Avenue
Lots 11, 12, 13, Block
of Park Addition
21 Greenhaw's Subdivision
"F"-Commercial and "C"-Two-family District
Variance: Requests permission under the Provisions of
Section 43-22-(4) (e) of the Code of Ordinances
to permit location of a public garage in a
retail zone (','F")
The Staff's recommendation was read as follows: "The Staff recormd6nds denial of
the application. It is felt that a garage operation at this location is out of
character with the immediate neighborhood and as typical garage operations if not
initially, do eventually become unsightly and would adversely effect adjacent
property and the neighborhood."
Mr. Pilkington, the applicant, was present. He said in view of the Staff's recommenda-
tion he would like to request a thirty day postponement of this request if possible,
to do additional planning on this application. He indicated that he had not had enop.gh
time to personally contact the property owners in the neighborhood and acquaint them
with what he wanted to do as far as the existing property is concerned and the improve-
ments that will be made.
Board of Adjustment Minutes-
Mav 15 1972
Mr. Londell L. White, 1821 Park Avenue, was present and filed a lengthy petition
signed by residents in the neighborhood objecting to the proposed public garage
operation. Their principal objections were the depreciating of property values,
pollution of the air, noise, junked cars on the property which are unsightly, and
the possibility that this operation would attract undasirables to the neighborhood.
Mr. White said that while they do not object to a thirty day deferment of this
case their objections would be the same as they do not want this type operation
in the neighborhood.
Mr. Pilkington commented that his proposed operation would be a body shop and not
a garage. As far as the wrecked cars on the property is concerned, it is his
intention to install a 6 foot high paneled fence around the lot which he owns
behind his present building. He added that the neighborhood would be upgraded
by his operation as the building would be of natural stone in front,and a mansard
roof. For economic reasons, Mr. Pilkington said he had to improve the property
to increase the income 'from it.
Mr. V enhaus commented that it would require "H" Business or "I" Industrial zoning
to accommodate this type of use.
Mr. Andrew Jones, 1817 Dennison Street, was also present, saying that he was in
agreement with Mr. White's statement.
Mr. John C. Stubblefield, 1818 Park Avenue, was present and expressed the same
objections as the others, and did not want this operation in a residential area.
Mr. Pilkington said he would withdraw his request for a deferment since the
adjacent property owners indicated their continued objection.
A motion was made that the application be denied, which was seconded and passed.
Tract No. 2 - Z-2391-A
Applicant: Baptist Medical Center a nd Medical Tower, Inc.
Location: 9600 Kanis Road
Description: Long legal
Classification: "F"-Commercial and "C"-Two-family District
Variance: Requests a Variance from the Height Provisions
of Section 43-15 of the Code of Ordinances to
permit erection of office building to height
of 230 feet
Requests permission under the Provisions of
Section 43-22-(4) (d) to permit parking lot in
a "C"-Two-family zone
The Staff's recommendation was read as follows: "The Staff recommends approval
of (1) height variance, (2) the use of the "C" zoned tract to the west for park-
ing for the condominium office tract; (3) variance of the rear yard requirement;
(4) granting a 26 foot front yard but recommends denial of the banking facility
extending into the front yard space."
Mr. Noland Blass, Jr., architect, representing the applicant, was present. He
stated that the Staff mentioned its objection to the drive-in- banking facility,
and that they had worked with their attorney, the real estate agent, and Union
National Bank, the prospective tenant, and had worked out an alternative plan
which would meet the Staff's objection.
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Board of Adjustment Minutes -
May 15,_1972
This amended plan was presented to the Board, and Mr. Venhaus commented that the
concept is agreeable to the Staff and that it was one of the things we had hoped
they might be able to work out.
The Chairman added that item 4 of the Staff's recommendation pertaining to the
banking facility extending into the front yard space would be withdrawn since
the new design made the waiver unnecessary.
A motion was made for approval of the amended application, which was seconded and
passed.
Mr. Venhaus asked permission to bring the Board members up-to-date on the qubject of
accessory uses for churches, a problem which the Board of Adjustment had been interested
in several months ago when confronted with such an issue.
On May 10th at its pre -agenda meeting, the Board of Directors received a recommendation'
from the Planning Commission which would amend the zoning ordinance in such a way as to
require that churches receive a conditional permit from the Board of Adjustment in order
to operate a childrens' day nursery. At the present time 12 to 15 churches operate a
commercial day nursery in the City in "A" aand "B" Districts,which is in violation of
those Districts. The ordinance from the Planning Commission was a selection of alterna-
tives: (1) to change the ordinance to recognize day nurseries on a commercial basis as
a.legitimate right that churches may avail themselves without or with review or permission
of the public; (2) require that they be zoned "C"-Two-family which is what our ordinance
requires for a commercial day -nursery; or (3) to amend the ordinance in such a way that
the use would be allowed but only by a conditional permit by the Board of Adjustment. This
would give you the opportunity to review the proposed facility in terms of its relation-
ship to adjacent residential properties, screening, the availability of off-street park-
ing, recreational facilities, etc. The Board after some amount of discussion actually
tabled the matter with a request for additional information from the Staff. Mr. Venhaus
said "The question is pretty much up for grabs as to what you can do as an accessory use
to a church and what you cannot do. He explained that if things like gymnasiums, childrens'
day -nurseries, etc. are legitimate uses in "A" and "B" Districts without review, then you
have to raise the question about housing projects of one kind or another, counseling programs,
rehabilitation programs, service stations, supermarkets, etc. The list is unending in terms
of the kind of uses that might be sanctioned without review as an accessory use by churches.
The Board of Directors has it under advisement so we have suspended enforcement activities
until we can get some disposition of the matter, but it is our opinion that it is in
violation of the zoning ordinance. The desirable thing would be to rework our ordinance.
We need to deal with the total problem. We are trying to establish a base as to what the
City wants to regulate, if anything, about the operation of a church. I have argued on the
right of review.
There ing no further business, the meeting was adjourned at 2:45 P. M.
AA__ R /J22*,�
OCUAL,
Don Ro Venhaus, Secretary
Darrell Dover, Chairman
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