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boa_03 16 1970LITTLE ROCK BOARD 01P ADJUSTMENT MINUTES MARCH 16, 1970 MEMBERS PRESENT Dave Grundfest, Acting Vice Chairman Darrell Dover Spencer Compton Finley Williams MMERS ABSENT L. Dickson Flake, Chairman STAFF PRESENT Tenn. R. Venhaus John L. Taylor Louis S. Barber Leon E. Sneed Dorothy Riffei 0' ERS Perry Whitmore, Asst. City Attorney Jinny Jones, Gazette Reporter Bob Ferguson, Democrat Reporter 2:00 P.M. In the absence of the Chairman and Vice Chairman, a motion was made to se. ect-an Acting Vice Chairmp . Mr. Dave Grund£est was nominated and proclaimed the acting Vice Chairman by voice vote. Action was taken as folloi6 s Tract No. 1 - 2=2109 Applicants Locations Descriptions Classifications Variance: Little Rock Housing Authority 1800 Block Broadway All of Lots.l through 14, Block 1, Fulton"s Addition,_and.Lots 16, 179 18, Block 204 Kimball and Bay Subdivision 10B"-Apartment District Requests a Variance from the Height and Area Provisions of Section 43-13 of the Code,of Ordinances to permit building in excess of permitted height and lot area per family of 500 square feet; and a Variance from the off- street parking provisions of Section 43-21 to permit less than required nueber of parking spaces Mr. Cliff Giles, representing the Little Rock Housing Authority„ was present to request consideration of the three variances as submitted. At the request of the Chairman, the Staff"s recommendations were read as follows: '"The Staff recommeMA Board of Adjustment Minutes March 16,1970 approval of the application for the following reasons: (1) The setbacks provided by the Development Plan, the orientation of the structure, and the surrounding open space warrants, in our opinion, the granting of the requested height variance. (2) Present ordinance requires 600 square feet of lot area per family. However, our proposed code specifies 500 square feet as the minimum. As 56% of the dwelling units are efficiency apartments, it is felt a variance from the current 600 square feet provision is a reasonable request. Furthermore, as the tenancy'of this type of development is assured for 40 years, a lesser lot area per family unit would not appear to jeopardize the useful life of the structure. (3) Due to the fact that tenants will be over. 62 years of age, a parking requirement of one space per duelling unit would appear excessive. (Apartment structure contins 251 units of which 140 are efficiency units, 100 are one bedroom unitss and 11 are two bedroom units. 126 parking spaced areprovided.) Mr. Giles stated that he would like to give the Board a little background that 4-ed to this propsal and request fog: rezoning, and what their proposal is. "Early in 1969, the Housing Authority instituted a' study to determine if there was adequate housing being provided in our community for the elderly. This was a rather extenaie study which indicated that there yeas a need for-.1200 units` of housing for the elderly in Little Rock. Consequently the Housing Authority. Board of Commissioner on May 13,1069 approved our submitting an.appiication to the City Board of Directora and to the Department of Housing and Urban Development for funds to plan for such apartments. On May 19, 1969 the City Board of Directors approved the application and also entered into a cooperative agreement with the Housing Authority to provide any assistance that they would make available to try to achieve the goal of building these apartments. On September 17, 1969, HUD approved our application for 600 apart- Ments rather than 1200 we had requested., and a $240,000. grant to plan these particu- lar apartments. Since this approval we have looked for appropriate sites that are close to churches, transportations, shopping centers and other things:.that elderly -persons need. We have attempted to plan for this site on Broadway and 1-would like toshow you very briefly some of the things we propose to do on this it Mr. Giles exhibited a site plan showing the particular property in queation. Tbey propose to locate the building in a northeast -southwest orientation so that the building would be facing to the southeast. There are two lots in the block that they do not propose to buy at this time at the cornier of 18th and Arc` i � S' tzests. Theta will be no entry into the apartment buiding from Broadway e only from West 19th and from Arch Streets. Mr. Giles pointed out the sitting area and patio aroa, and a small plot where residents might plant flowers or vegetables, and the parking area. They will preserve all but two of the beautiful trees on the site. -then asked about screening of the project from the existing houses in the block, Mr., Giles indicated that there would be a masonry type or wood screen used in a screen. „ing the project from the two repidences. The second panel showed the first floor of the apartment building which is devoted solely to the activities for the residents who will Live in this building. tine large area is designed for a multi -purpose room for meetings, banquets, pot -luck dinner, dances and demonstrations." Another area is to be devoted to arts and -21- Board of Adjustment Minutes March 16.1970 crafts, ceramics and that sort of thing that has been -found elderly people like to do. There will be a library, a game room, lobby for TV watching, and visiting, _a foyer and possibly a chapel. There, would be- ane,.apartment on._ the main floor, for the resident maintenance man who would live in the building, also an elevator for the residents, and the Staff office. No commercial activity is proposed in _the building, except for an.occasional bazaar for the arts and crafts people to sell some of their productiolbs. The rental rate will be bised,on income. A resident must be 62 years of age,or older to be eligible for occupancy, and rents would be based on income - appzoxi- i ately 20%,. and a.m+,,;mm -will be established in order to make the building : , economically feasible. Limits in the upper,income bracket have not been set yet, and eligibility will.be determined on how much income a person has as well as his age. Giles said he .had no estimate of what the per unit investment in these. apartne�is will be as it is still in a very► preliminary stage, but the over-all expenditure would be somewhere around $3,500,000. for the structure itself. The building will contain efficiency apartments, one bedroom and a few two bedroom apartments. The next panel concerned a typical :floor plan of floors 4 'through 13 where one s4de of the building is for efficiency apartments and the other side one b"toom aparp- ments, in addition to 11 two -bedroom apartments. Mr. Giles added that;through a >.-- rather extensive survey, they found there is very little demand for two -bedroom apartments. The second and third floors are.priparily for efficiency apartments. The major difference is that the efficiency has about.400 square feet in it, and the one -bedroom will have in excess of 500 square feet. A typical one bedroom upit- would have a -kitchen, -and bath, and the ,zec *�les- will all be waist high for Con- venience of the tenant; there will be awarning system in each apartment in case of illness or emergency for summoning help. The bathrooms will be specifically designed with seats in the showers, grab bars, -etc., handles instead of door knobs,- and -other appointments that will make these functional apartments for elderly people. There will he a movable divider in the efficiencies and one bedroom apartments which will be 6 or 7 feet long and 6 or 7 feet high with storage space, but the two bedroom units are actually separated by wal 4 . Finally, -Mr. Giles exhibited a rendering of what they envision the building will look like on the site. It will be of all..masonry-rons.truction with setbacks and is-:aome- :thing that is greatly needed in the City of Little Rock to provide for our senior citizens, he said. Concerning the request for a parking variance, he stated that they propose to make available 126 parking spaces. The Housing Authority made a survey of ot6er.cities regarding parking in similar developments, and concluded that parking facilities are minimal for this type of housing -as the'teaants are an average of 72 years of age and only about 25% own or operate automobiles, and in some instances only 19%. When questioned about parking for visitors, Mr. Giles indicated there there iris adequate parking available on the street for this temporary parking which would be necesshry only when special activities were involved. The.Variance for height and area -requirements was necessitated by.the fact that the fact`thaf the building will be 13,stories high, 139 feet to the top of the building, and 11 feet more for the mechanical room,,on top of this. m3- Hoard of Adjustment Minutes March 16,1970 A waiver of density is requested due to the nature and age of these tenants and there is very little excessive density above the actual number of units, and most of it is single occupancy. Mr. Giles urgently requested the favorable consideration of these variances and there is a dire need in our .community for this type of housing Mr. Comptom asked Mr. Giles if there was any possibility that, due to one thing or another, the 40 year contract might be circumvented and what the procedure woyid be in this case and how easy it would be to change it. Mr. Giles replied that -it literally impossible _as the Hous ing Authority .sells bonds. - to- huild _this. building to be paid off over a =period of 40 years. ,They must_ repay the loan through income received from rent, and the only assistant-e they get from the Federal government should they not be able to meet their interest, the Federal government would guarantee that the interest would be paid on the bonds. If something should happen to the Housing Authority it would be operated by HUD. A new housing authority would be reconstituted -and the property would be returned to them for operation, and it could not be used for any other purpose for a minimum of 40 years. Mr- Giles said _that be did -not know of any such circumstance in the 30 year operation. Mr.. -Compton said his concern would be that it might be converted from it -he elderly type_.hous-ing where the parking requirements are minimal. Mr. Giles replied that HUD -does not .allow- any lisghrise buildings for low income housing for families, only for the elderly housing because of the security factor and he could see very little possi- bility of this ever being used for anything gther than housing for the elderly. Mr. Kenneth Coffelt, attorney, was present representing Mr. Charles Penny who owns property facing Arch Street in the center of the block behind this block of ground that is involved in this -petition. His obj-ections were twofold.- (1) it hampers the -zoning of property down in that area for •ccmuaer-vial _purposes# .Actually., he said, this block is actually being asked to be put back in the category of residential property even though it is an:.apartment house that is involved whereas heretofore it has been commercial. property; (2) because .of the nature of this construction which is a high- rise apartment - 13 stories. The erection will be immediately out in front of his lots, and his contention is that this is a taking of his property without due process and without just compensation in that the highrise aspect of this apartment house -- would make it impossible for him to sellor dispose of his property except for high- rise development which they would be unable to finance. He said nobody waald build a residence immediately behind a construction of this kind, and because of the ressdential.aspect.of this apartment house it would almost destroy it even for commercialpurposes. -Mr, Coffelt said Mr. Penny desires to make this state- ment to you for the purpose of exhausipg his administrative rights he has before he undertakes to get a judicial determination of whatever legal issues might be raised in this regard. Mr. Penny indicated that he concurred in Mr. Coffelt°s statements. Mr. Williams asked if the Staff had made a study in regard to the existing utilities in this area - whether they are capable of taking care of this density - the sewers particularly. Mr. Venhaus said the Staff had not made this study but he understood the Housing .Authority bad and found them to be adequate. Mr. Giles said this was true. A motion was made that the application for Variances be approved, which was seconded and passed. -4- Board of Adjustment Minutes - March 16,1970 U1 LJ IL F r4 0 0 Im Tract No. 2 - Z&2185 Applicant: Location: Description: Class if ication: Variance: Rector -Phillips -Morse, 601 North Oak Street Lots 6, 7, 8, Block 5, "D" Apartment District Inc. Auten & Moss Addn. Requests a Variance from the Main Structure Provisions of Section 43-2-(5) of the Code of Ordinances to permit more than one main structure on a lot The S taff's recamnendation -vas read as follows: "The Staff recommends approval of the application subject to closing of appropriate curb cuts already instaligd, the construction of new curb and gutter, and curb cut on the northwest corner (Oak Street side) -of ,property and appropriate screening of the parking areas." Mr.. Aerrill-Porter of.ltecton._Phillips-Morse, was .present representing the applicant. He stated that they had Prepared a site plan for the development at Kavanaugh and -Oak S-treets and filed copies .with - the.- Staff of the Department of Community Develop- ment. At the present time, there is a curb opening on Oak Street but they intend ,to_zlose this..and ,use- the one---�m--8,avanaugh-_Boulevard. -..There is.parking for ,26._spaces for the 16 units - which_is adequate .ugder .the ardiaance. _green -space-will Abe p=w.Aded-between -the_q auth..parking area and the street sight -of -way._ A variance ,has been requested fiat more than one structure. an a lot. There will be -three build4ags of toswnhouses,. two.,ulth..Iwo bedroom apartments, and one with one bedroom units. A rack .val.l screen..an... the. ,north. side of the north parking area will Abe provided, as well -as centrally located garbage pickup in three areas which will be'accessible from either of the two parking areas. Xr-. Haco Boyd, 3623 Hill Road, was present representing a group of property owners in the vicinity. He said he was not specifically in opposition to the development,, but would like to make a request for consideration of several improvements or changes. He -.cited the need for cutting down the noise in some manner on the north side,:se- arsanging the .parking areas close to the Entrance and exit - ,sot -on Oak Street. He maintained .that the traffic situation on Oak Street is becoming quite a problem. Mr. .Boyd suggested that a determination should be made for garbage pickup, screening, etc. Mr. William C. Glidewell, 1915 Kavanaugh, was present stating that he_def initely- .agreed -,,with Mr. Boyd's statements about the offstreet parking,, and ,a screening _fence across the back, and said that traffic on Kavanaugh and Oak Street is'terrific .and is a -problem for them in the area. He Said -he had lived at this address for 30 years and most of the people living in the 1900 block on Kavanaugh are old1home owners. .Mr. Compton asked if the Board is being asked to pass judgment on a Variance for one structure -on a lot, and if all the provisions of the Code had been met. —Mr. Veahaus replied that it would be well to clarify the issue before the Board. He said "we do not have a variance in the strict sense of the term in that a man is asking that the requirement be relieved that he is claiming hardship as.we usually have Sus Board-4 ldjustment matters. In this particular instance the ordinance ae,ta".up a.procedure for the Board to review the site plan and development where there is more, than one structure proposed for development on,a„lot.,This is solely �s� Board of Adjustment Minutes March 16,1970 the issue, and there is no issue relating to any waivers of-,any..kind .ar_chaages in any requireme -as they relate-,ta the ,pr-opert-y. This given y_au.,preregative over the siteplans in temms -of the -arrangement of.. paarking,, etc,. It might__a1$o be well to remember that-*ith the --property .gone&.- in-lbe elasaificataon .it. U-4he only -reason that we have an issue before the Board is because they are putting --more than one structure on a lot. They could build a structure on the property that .would contain 25. units and meet all the requirements of the .ordinance, -and -it -would not came before. this Board for revi6w. Mr. Williams asked if under normal conditions screening would be required along the north and west boundary of the north parking lot, and along the west sad south boundary of the south parking lot. Mr. Venhaus replied that was correct, that slur zoning ordinance would require screening under the language in the -parking section. Mr. Williams then asked if the owner had the option as'to the type- whether''it would be a fence or broadleaf planting. Mr. Venhaus said that the ordinance is not as clear as it ought to be regarding the type of screening involved, but he would hope that they might consider doing both - that they might put up some kind of a permanent screen and also plantings, so that as the plantings come up:in the future it would provide a live screen as well as a structure. A motion was -.made that. this. application be approved subject to the owner putting _ uU .a _fence and broadleaf _screening along the north and west boundary of the north_ parking .lot, and the west and south boundary of the south parking lot, and the _closing of the..apprapria to curb cuts as set out in the application. The motion was seconded and passed. Mr. Dover abstained. w Mr. -Porter. was--asked.if .be had any objection to providing both fence and hedge to which he replied "no". IV. DEFERRED MATTER Z-2342 Applicant: J. H. Baird Estate Location: 800 Block North University Avenue. Description: Lots 1 through 10, Block 8, Lincoln Park Addn. r.lassification: "E-111 Diet Business District Variance: Requests a Variance from the Use Provisions of Section 43-6 of the Code of Ordinances'to permit a use in a District °not specifically permitted by Ordinance The Staff/s recommendation was read as follows: "(This case was deferred at the last.mee.ting to,pexsit Staff to explore how this type of use was handled by other cities..) 4alls were made to the -Planning and Zoning Officials of the following citiesr Tulsa, Dallas, Springfield,, Oklahoma City, Kansas City, Wichita, Memphis and Nashville Wichita and Tulsa advise that such clubs existing there are in a commercial district similar to our "P"-Commercial type. Memphis advises that such clubs there, Nhich they could not identify, would be in light commercial district and not medically oriented. They, requested° names of such clubs there in Memphis -so they could id,egtify them. Oklahoma City says "local commercial" and so does Kansas City, Missouri; -6- Board of Adjustment Minutes March 16 ,1970 Springfield, Missouri; and Dallas. Nashville said they had a similar activity which zoning classified them Commercial "A" but had been placed in a private hospital classification by the Board of Appease Wichita -also -advised that this business attracted a lot of traffic and had long hours of operation seven days a week. In "der to make a more exact finding in this matter, and .to be able tu. furmish Memphis and Nashville le more specific information, a letter ►vas written to Mr...Gone Lewis, Jr. , -the agent acting far the applicant -an this matter February 19,1970 just three days after the. Board. idered this case. This letter requested -the -names .of -such clubs -and -their .location. in Memphis, Nashville_,. and the 12 other, cities --which -Mrs -Lewis referred to in his presentation to the Board. As of today March 109i970, no reply has been received but Mr. Lewis advises today he is trying to obtain from the owner. the information requested -by this office, but so far has not been successful. The -staff recommends this case be deferred until the next regular meeting.on April 2., .:1970 to loermiMr. Lewis -to furnish the requested information so that further investigation -can be made by the S taff o °° .Mr. Veahaus .kpl.ained the- the aext item for consideration is a deferred-app-Licat4on -relating-to, the matter of a health facility. The location. -of this property is the SOG Block of North University, Lots 1 through 10, Block 8, Lincoln Park Addition. The property is presently zoned "E-V'P "We deferred the matter last time to seek several clarificationsn First of all this Board was interested in Navin& more r-ezearcb and more information developed relative to the proper I location for such facilities that were not in the context of the zoning.ordinanceo We also had some questions of jurisdiction in terms of the Board's authority over the issue involved, and to that extent I called the City attorney's office for clarification in terms of just exactly what the Hoard"s 'authority- was in this particular case.. It was deferred.until today. I might point out at the time we wrote this Staff recommendam ti,un ' `had not received the communication we had asked from Mr. Lewis giving the specific lorAtions of these facilities in other cities. After the Staff recommendation was writte L me d..id receive the com icat.ion,- and we have had an opportunity to r1w,ck those out and so far as the Staff is concerned there mould be no need for a deferral � I -m ght say also that the Staff continues to be of the opinion that an "E-1" District is not the proper location for a health facility in general or ,this facility in -particular. Copies of this letter have been made available to you." (A copy of this letter is made a part of the record and is attached to these minutes.) Mr... Terry stated that he understood that the City attorney had ruled that this Anard does have authority to interpret the provisions of this classification. "This Board could determine that a health studio did fit within the specific items as shorn in .the .-class-ification. Whether it might be a clinic, beauty shop or some a.ther type classification, we do, have the position that this is a clinic with in the purview of the zoning ordinance, and additional information has been obtained by Mr. Barber and Mr. Lewis. Mrs Lewis is here with additional information, and )4r. Byron Morse is here with additional information. Mr. Lynn Wallace of Jacutzi -8;othe=°s who.,is also interested in this patter was presents Apparpntiy there is no legal matter involved here® just whether or not in the opinion of the Board this particular development can be made as one of the specific uses as set forth in this 11E-11t classification." og® ass , &aq; ;nq ' ATTWTk-.Oalm.,3., uT IT, ;nd PTnoo an ' A;T UTa;w; v " gnTO' s-s0 -"`,ftTlM ' ad44i AasuAP6m02Ta aaq;o Aus To g23ng9 a aaaA ;T R "ATTme;-Oxl-,,a.. 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I don't think there is a whole lot of difference. We are not asking for Two-family. I don't there is any way that you can say this would be a great detriment to that area. We thought that when "Eml" offices were going in ndxt te-lhose.apartments we managed for Peyton Rice that it would just kill then. - We ne zx have,:had a vacancy. They are three bedrooms ranging from $175.60. I don' t - bel ieve. this.. type- .of business, rmuld...hur.t that part icuIar- neighborhood in as�y- pw.y�.• Also. -it .would -hold.-.the_..1-ire-as to. what the_P1an�.+been tryjxAg to Aa betweemXaxkh= and University. They are trying to keep the arml_r,ightl.y •sae. Highxis-e apartments would be fine, but they don't want ship c4a%wrc_ia_l. ,im-thexe..and ,&hould not have. Across the street on both. carnerw_are c-l•inic type aff:ices, mbdrh.-L.-IbInk this .particular operation .mwld cer.taiD. y--be in zharacter a4d..heepiang. with the...me-ighbarb4Lod ju at as =w-h as . those, .and.--.si:nne=, a re u. nn h_i that zpecif.ically says you can't do it what we are trying to do --is to find out a way to change so we can do something. I think that is what the Board of Adjustment is for - to help folks do something - not keep,fQUs from doing thins. We need help. We don't know where to put it, and we think.,ydu di." Mr. Grundfest asked "are we putting a health studio in an 1IE---1" zoning from nowon or are we particularly speaking about this piece of property. Suppose we g'ay't'is is allowed on this property and then we come along a few months later with another one. who wants.. to build -on -an "EA1" piece of. property ..in anckthex locatiga_ Dods, it auttoma.t,ically-fol.low that, .the Staff then .accepts-thi.s_as.. an.-"S41"..sage?" >Mr. Whitmore replied "it does". Mr. 1brae responded that the point is that he did not think Little Rock can ever support more than three of four of these facilities at the most, and did not think there is a problem of precedent - it might happen a couple of three times, but he doubted if it would hurt much, as there is not much "E-1" property available. Mr. Whitmore said it would be arbitrary on the part of the Board of Adjustment' to may in this particular instance that health studios can go in an IM.,L'.', quiet Business District, and then be faced with the same proposition later and say "no". That would not be defensible in court. Mr. Compton said that 00it ie your opinion that it is incumbent upon us to decide even though the ordinance is written only to include certain things, it is within the *m£ines of what we are asked to do to pass judgment as to whether or not this dan-.- be inserted into this particular usage in "E-1" - it is within our power to do thie?" At,. Whitmore .replied that "the majority rule is that the legislative body does not ,ever antAcipa,te .that these will be anything that they did not anticipate when they ,passed the -law, and so whenever it comes to interpreting the statutes you must assume that the legislature anticipated this sort of thing would come up and they provided aE;piace for it. And it is up to you to read their minds and decide where it ought to go." .Mc,. Lewis said at the last meeting he was asked to do some• homework,: part of which he.,would make available to the Department of Community Development. .,In additian, he said he had a number of letters from various persons in Memphis and Nashv ii le and letters of referral where doctors have .specifically referred patients -to .this facility. in addition -he read a letter from Mr. Seth Smith which he filed. 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Also in the letter he points out that his spas - perhaps not this one, but his spas wherever they are - may engage in the manufacture and sale of mechanical equipment useful in health ex rcising,..and the buying and selling of real estate. I -would assume the Buying and selling of real estaate. is for_ the -purpose of locit.ing these facilities and not to compete with Mr. Morse. From the standpoint of -the Staff -eve found nothing - although we would readily grant that the facility may be a real credit, that it -may be attractive, that it is undoubtedly therapeutic, and there are a number of good things that could and should -be said about it - but-Ve find no license or justification for including this in an "B-1" District even to argue that there are w6rse uses in "E-1" Districts, is not to suggest that we ought to compound the error by adding yet another. I think we have given this an honest and complete look as we possibly can, and we simply cannot justify a recommendation that it ought properly to be located in an "E-1" District." Mr. Morse commented that the problem is that there are a few cities that have commercial classifications that they put health studios under. "in other words, he said, "offices have to go in commercial, clinics have to go in commercial, and they don't have this "separate brand of cat" like we do in our ordinance which is kind of in limbo in between the two, so they have to be commercial or residential." Mr. Williams inquired where the bulk of "E-V zones are in the city, and if they were located primarily on collector streets. Mr. Venhaus replied that he would certainly hope so, but he was not familiar enough with Little Rock to "run it off the top of my hat" but did imagine you would find most of them either on collector streets or adjacent to major streets. Mr. Williams also asked what the Staff's interpretation and idea of the basic concept of "Eml" classification is. Mr. Venhaus reply was "I am afraid we have strayed from that particular concept some- what. I think what it started out to be was to allow certain kinds of office use adjacent to residential areas and perhaps as -buffers be-tween.commexcial wise .and residential areas, to be used with apartments as buffers, primarily to accommodate professional type uses. It tends to be low silhouette, the ratio of the coverage to the land seems to be extremely low, usually 25% to 3016 type coverage. Normally they do not generate heavy traffic, normally their hours of operation are from 8 to 5, normally they have no weekend operation; normally the buildings are well designed who usually have the services of an architect; normally they do not have big signs; normally they tend to be low intensity kind of use and very appropriate .for location closely adjacent to residential areas. It might be that we could find one city in this group that does not have a professional office type classification but I will bet Mr. Morse a steak that we cannot fine one. I think you will find that all of them have a professional office category and several of them specifically replied that they do not .allow them in their professional office district. It inlay also be the case that many cities have two or three categories of office districts as we should have allowing them in the more intense districts but exclude them from the low intensity office district." Mr. Morse said "you can more nearly put this particular type operation in an "E-1" ,slot within the framework of our ordinance. I could care less that Memphis and .Nashville are doing. Wd-are dealing with what wehave passed by our City Board of Directors in Little Rock, Arkansas. That is where rVe are looking. We can't have whatever classification they have in Memphis. That doesn't help us at all- or hurt us. We could care less about it. What we have to do is to put health,studics somewhere in our classification like we have here, and I maintain that the closest ,one that you can put it is "E-1". It is further apart from the things that are in -11- Board of Adjustment Minutes March 16,1970 "VI -Commercial - a lot further than even "D" Apartment - so I think it best fits right in with "E-1". It is closest to either a clinic, offices of some type - but the beauty parlor is what I "hang my hat on". It is almost identical with it when you really get down to it. People go in and pay money, use their equipment and "know how" to get better looking. Now what else can you say it is than that and that is my whole point. This is almost identical with a beauty parlor." -Mr. Dover said "in other cities - whatever they call it - and I recognize that they don't have a name for "E-V category, but you are saying to us that you think that it fits within whatever they call their category that is closest to our "E-1" category." .Mr_ -Morse said he really did not -know what he was talking about when he: said .that as ..he lead -.-not studied their ordinances that well, but it does_ make a real problem as to where to put it. lira .Lewis said he had tried to clarify this by checking the Memphis ordinance and in their classifications and they have a classification for health studios to be located "C-l" Commercial. Other things that fall within this classification are. theaters, banks, bakeries,- barber shops employing under ten persons, bicycle sales and services, business schools. dancing and music schools, catering services, ]a"ndr,amats,.-medical and dental clinics, photographic studios, private schools, restaurants and retail stores. You have a hodgepodge there. There -is no way to even compare it, he said. Mr.. Compton asked what the Staff's position is on those things other than what other cities have done. Mr. Venhaus explained that the Staff is not dealing and never has with this particular use because you can't deal with an individual use in this kind of instance, so are are -.talking about health facilities.. in general .of this type..Xhich none of us are very expert on,_,but are --know there are several things .about them (1) that .they are rather prolific advertisers in terms of promoting their services, and we -think that this is a characteristic of the business that is worth noting - not bad, but a characteristic. Their operation is not confined to an 8 to S schedule, and.it is not confined to regular weekdays. They operate on weekends. I do not think there is any question but from the standpoint of traffic generation if they are successful and we would hope that they would be - but they would generate1,a substantial amount of traffic. It appears that from the nature of most of these uses they have rather substantial advertising on the site in terms of signs, etc. We think the use from the -standpoint of why -people come there, their purpose in .being there, the hours of operation, etc. are.more closely approximate .to a commercial recreational activity probably than anything else. So for these reasons if we started with the.�ssue brand-new and were going to locate in the context of a sophisticated ordinance where we had a number of classifications to deal with, we would probably deal with it in several categories, in a high intensity professional office district - we would probably allow it - at least give it substantial consideration. We would prdbably locate it also -in connection with low intensity commercial neighborhood, shopping centers, candy shopping centers - these types of facilities where additional .harking is available, where hopefully they are screened and somewhat remote from realdentia1 areas. I do not believe we would locate it in a low intensity professional office district. So these are the kind of questions the Staff has taken into account 3n.mha.te.ver judgments we have rendered. But again it is not this particular use because ..they maynot have all of these characteristics. They may have some others that we do not know about." Mr. Daver .Bien stated "I don't think any of us have ever doubted that this particular ..use at this .particular location was improper. There are problems concerning the Q 'l -12- T t. Board of Adjustment Minutes - March 16,1970 ordinance, and we still have them, but I am prepared to move this use be permitted at this -location,. The motion was seconded and passed. The Cha irman ..informed- the.. applicant that the variance -alas, granted at this_.particular location. _-,Mr.- Dover then. -qualified his motion asking that the record show. -that the _Board did -not grant a variance because he is still not - .convinced that the. Board has the der to grant a use variance as a variance, ".but within the scope of what the City attorney's office.has advised..us- .that_ the Board can construe -the zoning ordinance to say -that this use under these circumstances and at.this location is a proper use." Mr. Dover said he wanted it to be a part of the record that he is still concerned .about .the, -precedent aspect of.. thin .thing - that. it -.applies. to thesE circumstances, this use.,_and -this location. only." Mr.- Terry -asked "do I . unders.tand . that. it, :is included in the " E-1" zoning .c lass ifica- tion?" Mr-. Dover replied "definitely ..not" - under .our-.poxer to construe the ordinance we•..are construing that theasked-for use at. -the .asked for location is permissible within .the scope of the ordinance, but certainly not that health 'clubs in general fit in the, "B-1" classification." Mr._Whitmose .of -the--City Attorney's office, informed the Board that Judge:-Digby had called him to inform` him that he had' decided in favor of the applicant, Joe Kaufman, .in his 4Lppeal to his court on Board of Adjustment Case Z-187.1. He -asked -for an opinion of .the Board on the advisability of an.appeal to the Arkansas Supreme Court. A motion was made to recommend to the City Attorney that the decision of Circuit Judge Tom Digby in the Board of Adjustment Case Z-1871 - Joe Kaufman, applicant, be appealed to the Arkansas Supreme Court. The motion was seconded and passed. Mr. Williams absta�ned. There be ng-no-f-ur-ther business, the meeting was adjourned at 4:00:P.M. 0, DON R. VENHAUS, Secretary. _ H Dave Grund est, Actin Vice/C irman -13-