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boa_06 19 1972LITTLE ROCK BOARD OF ADJUSTMENT M I N U T E S June 19. 1972 MEMBERS PRESENT Darrell Dover, Chairman S. Spencer Compton, Vice Chairman L. Dickson Flake Capp Shanks, Jr. Lawrence Woolsey MEMBERS ABSENT None STAFF PRESENT Don R. Venhaus John L. Taylor James Finch Dorothy Riffel Dorothy Light OTHERS PRESENT Diane Gage, Gazette Reporter Roger Armbrust, Democrat Reporter 2:00 P.M. 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-2594 Applicant: Location: Description: Classification: Variance: Howard H. Harper 1323 Pulaski Street Lot 6, Block 312, Original City "E-l" Quiet Business District Requests permission under the Provisions of Section 43-22 (4) 0 ) of the Code of Ordinances to permit repair of business machines as accessory use to office use Requests a Variance from the Parking Provisions of Section 43-21 of the Code of Ordinances to permit less than required number of parking spaces (one less) Board of Adjustment Minutes June 19, 1972 Pane 2 The Staff's recommendation was:read as follows: "The Staff recommends approval of application. The applicant purchased this lot with the understanding that he could use it as proposed. An application for a building permit was questioned and withheld by the planning division after determining the nature of operation as proposed by the applicant. As this is a combined office and repair services for company owned equipment it is felt that the 7 spaces provided would be adequate. No major warehousing will be done incident to this electronic service facility." Mr. Howard H. Harper, the applicant, was present. He stated that they felt that they had met the requirements of a quiet business in that they would not create any traffic, but they do not necessarily fall under the category of office machines as they do not sell adding machines, typewriters and other mechanical machines. Their machines are of an electronic type and their repair operation would not be offensive as they had no dipping or cleaning equipment. The building that is proposed will be 14 feet high built of natural rock with cedar shingle mansard roof. It will have.no open windows. Mr. Andrew Finger, local president of NAACP, was present representing Mrs. Gracie Mae Ross, 1317 Pulaski, who was present in opposition as she lives next door to this property and would not like a business next door. A petition was filed signed by a number of property owners in the neighborhood in opposition to this application. They objected to the size of the proposed•building, but were told that the Board of Adjustment had no jurisdiction in this regard if they met all the setback requirements of the ordinance. Mr. Compton expressed some concern.that this might establish a precedent and in the future some type of objectional operation might take advantage of the Variance as requested. Mr. Venhaus informed him that this addresses specifi- cally to a particular proposal at a given time and given piece of property and would not be transferable to any other kind ofuse, and would not be trans- ferable to another kind of business machine operation which might be of a different type than the one that is proposed. Mr. Harper assured the Board that there would be.no outside storage of equip- ment or anything left in the yard or parking area that would be objectionable or unsightly. He said that all access to the building would be from the 14th Street side. Mr. Venhaus said that the land -use plan that applies to this property was adopted upon the recommendation of the Housing Authority and through the Planning Com- mission and Board of Directors. The Housing Authority expressed no objection to the proposal. Mr. Harper exhibited a drawing indicating all property in the vicinity of subject property to be "F" Commercial except this lot. A motion was made for approval of the variances requested, which was seconded and passed. Board of Adjustment Minutes June 19, 1972 Pare 3 Tract No. 2 - Z-1779 Applicant: Location: Description: Present` Classification: Variance: The Staff's recommendation was read as follows: William S. Miller, Jr. 618 Cumberland Street The East 110 feet of Lots 7,8,9, Block 28, Original City "H" Business and "E-l" Quiet Business Requests a Variance from the Rear Yard Setback Provisions of Section 43-14 of the Code of Ordinances to permit construction in rear yard space (to property line) "The Staff recommends approval of the application. The applicant in this case is making an effort to establish a land -use in accordance with current zoning of subject property before the adoption of the revised Central Little Rock Plan. The revised plan designs the western half of this city block as general business and the eastern half as high density residential. The present zoning of subject property is "H" business on the 2 southernmost lots and "E-l" on the northern lot." Mr. Miller, the applicant, was present. He said the detail of construction for their building is 140 feet north and south, and 50 feet east and west, and without the setback the southernmost 100 feet of that building would be on the west property line and the northernmost 40 feet would have to be moved 25 feet east in order to meet the setback requirement, and that was the reason for the waiver - to have one continuous building 140 feet in line allowing for all the parking to be available on the east of the building. There would be two rows of diagonal parking using the common back- ing area between them, and .in.order to get the maximum -parking, which is considerably in excess of the minimum requirements, they would like to have the building built on the west property line which is agreeable to the adjacent property owner, he said. A motion was made for approval of the requested variance, which was seconded and passed. Tract No. 3 - Z-2597 Applicant: Location: Description: Classification: Jones, Millard, Grimes Realty Company 1114 Van Buren Street The South 90 feet of Lots 9 and 10, Block 25, Cunningham's Addition "B"-Residence District Board of Adjustment Minutes June 19, 1972 Page 4 Variance: The Staff's recommendation was read as follows: Requests a Variance from the Use Provisions of Section 43-3 of the Code of Ordinances to permit use of property as parking lot for adjacent "E-1" use ' Requests a Variance from the Front Yard Provisions of Section 43-13 of the Code of Ordinances to permit parking in Front Yard Setback "'The Staff recommends approval of the application. The applicant proposes to use this lot for employee parking for office and clinic development across Van Buren Street to the east. In the development of this site it is proposed to locate the drive access off the south line from the alley orienting the use to the south and away from adjacent one family house on the north. The applicant proposes to leave the existing structure to be used for covered parking space. It is suggested that in the construction of this parking that an effort be made to retain as many trees as possible and that a 25 ft. yard will be maintained. A variance of this nature was granted on the south side of llth Street imme- diately north of the applicant's building. The property lying south of this property at issue here is zoned "E-l" and is being sold for an office development we are advised." Mr. R. E. Minor, Business Manager of:the Little Rock Orthopedic Clinic and a member of the partnership of Jones, Millard, Grimes Realty Company, the applicant, was present. He stated that the reason for the variance to permit parking adjacent to the 10E-1" use was that their employees now park on Van Buren Street directly in front of the clinic on both sides, and subject property is their only other source of parking. He said they had sold the property immediately across from the clinic to a group of engineers who are going to develop it as an office building and parking area for that particular business, and is due south of the proposed parking lot that faces Van Buren. When asked if he was agreeable to saving the trees as stated in the Staff's recom- mendation, he replied that they did not want to disturb the trees. He added that there are two small trees which will be taken out to provide for backing out of the parking area.The Chairman inquired if he was aware of the 25 foot setback. He replied that he was but would like to request that they be allowed to use it if they could, and that they would put a fence down the property line on the east boundary if the variance was granted. Mr. Minor repeated that they need to utilize all they can to get the parking off of Van Buren. In selling the property to the south for the development of an office building, he said they had to agree to remove that parking from that area. The parking lot for the clinic is inFuf- ficient as it is, and the employees will have to continue to park on Van Buren Street if this Variance is not forthcoming.. Mr. Venhaus suggested that consideration be given to reducing the ftolt yard to a 7 foot planting strip, landscaped heavily, and give them the remaining IS feet Board of Adjustment Minutes June .19, 1972 Page 5 of that setback which would enable them to build four more parking spaces. This would give them maximum use of the parking area and the 7 foot area heavily landscaped in addition to the trees on the site, would provide a much more attractive appear- ance from Van Buren Street. Mr. Minor said he would be glad to do this to.get the extra parking. Mr. Curtis W. Mitchell, 5119 West llth, was present inquiring about some method of controlling drainage which would come across this property. Mr. Minor assured him that they would make the necessary provision for correcting this problem. Mr. Venhaus was asked to repeat his recommendation which he did saying that they utilize the east 7 feet of the property for a heavily landscaped and planting area, and allow them to use the balance of that 25 feet which would be 18 feet for off-street parking. Or, in other words, a waiver of the front yard from 25 feet to 7 feet with a condition that it be heavily landscaped, and that they save the trees except the two mentioned; that a wooden fence would be on the north side of the property where it adjoins this two-family lot between the property and llth Street. A motion was made for approval of the application based on using the easternmost' 7 feet of the property as a heavily landscaped area, and assuming that the property will be properly screened on the north, east and west sides with a wooden fence of some nature, and with the understanding that every effort would be made to save all trees larger than 6" in diameter. The -motion was seconded and passed. Mr. Woolsey abstained. There being no further business, the meeting was adjourned at 2:45 P.M. Don R. Venhaus, Secretary Darrell Dover, Chairman � 1 l