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boa_08 17 1970A_. 0 0 ,ro LITTLE ROCK BOARD OF ADJUSTMENT MINUTES AUGUST 17,1970 MEMBERS PRESENT L. Dickson Flake, Chairman Wm. Finley Williams, Vice Chairman S. Spencer Compton D. Darrell Dover MEMBER ABSENT Dave Grundfest, Jr. STAFF PRESENT Don R. Venhaus John L. Taylor Richafrl Wood Dorothy. ':iffel OTHERS PRESENT Perry Whitmore, Asst. City Attorney J. Huddleston, Gazette Reporter 2:00 P.M. There being a quorum present, the meeting was called to order by the Chairman at 2:00 P.M. Approval of the minutes of the last meeting was deferred until the next meeting due to a late mailing. Action was taken as follows: Tract No. 1 - Z-2386 Applicant: Hugh W. Hood Location: 814 Rogers Street Description: Part of Lot 17, Block 55, Industrial Park Addition, beginning at the southeast corner of Lot 17, thence west on south line of Lot 17, a distance of 77 feet, thence north 49.8 feet, thence east along north line of Lot 17, 82 feet to northeast corner of Lot 17, thence south 50 feet to beginning. Classification: "A" -One -family District Variance: Requests a Variance from the Yard Area Provisions of Section 43-12 of the Code of Ordinances to permit an addition to existing non -conforming residence. The Staff's recommendation was read as follows: "The Staff recommends denial of the requested Variance. The lot is much too small and is not a lot of record. Presently there are two buildings on the lot of record which is in violation of the Zoning Ordinance (Sec. 43-2-(5) ). The proposed addition would add to an u x Board of Adjustment Minutes August 17,1970 existing overbuilt condition, extending further the congested use of this property. It should be noted that the structure on the back part of this lot has access only through the side yard area of this property." Mr. Seymour Treitman, the contractor, and the applicant,representing the owner of the property, was present. He stated that the proposed addition would be a small bedroom 12' X 18' which would not interfere with the 12' drive ease- ment which is used for access to the lot in the rear. He explained that the owner was not made aware when he bpught the property that the lot had been cut in half and that he had lived at this location for many years, and now requires additional room for his enlarging family. A motion was made for approval of the application, which was seconded and passed. Tract No. 2 - Z-2365 Applicant: W. H. Bransford Location: 2721 Commerce Street Description: Lot 5, Block 9, Pettifer's Addition Classification: "P"-Commercial District Variance: Requests a Variance from the Height Provisions of Sec. 43-15 of the Code of Ordinances to permit eree-tion of- a -sign- iii, excess of permitted height (48 feet to top of sign face) Mr. Bob Riley, of the Little Rock Advertising Company, representing the appli- cant, was present. There were no objectors. The Staff recommendations were read as follows: "The Staff recommends approval of this application. The requested Variance is the result of an application to rezone this property to "F"-Commercial which application was approved on August 39 1970 by the Board of Directors. The proposed sign at 48 feet in height exceeds by 13 feet the 35 feet permitted in an "F" Commercial District. However, at this location the Expressway is considerably higher 'than the adjacent properties making the requested 13 foot variance a reasonable request." When questioned about cleaning up the property, Mr. Riley said it was their intention to do so but to retain the two large trees existing on the property. He indicated that all affected property owners were given notice of this action and notification receipts had been filed. A motion was made that this application be approved as submitted. The motion was seconded and passed. Tract No. 3 - Z-2388 Applicants Willie Sparks Location: 1018 West Roosevelt Road Description: Bast 50 feet of Lots 7 and 8, Block 11 Wat Worthen's Addition Classification: "C"-Two-family District -2j Board of Adjustment Minutes - August 17,1970 Variance: Requests a Variance from the Front Yard Provisions of Section 43-12 of the Code of Ordinances to permit an addition to exist- ing non -conforming residence. Mr. Seymour Treitman, contractor, was present representing the applicant. There were no objectors. The Staff's recommendation was read as follows: "The Staff recommends approval of the requested Variance. The proposed addition to this structure does not encroach into any required yard space, and would not have an adverse effect on adjacent properties due to the open space that presently exists. This Variance is based on addition to non -conforming structure, and not on hardship." Mr. Treitman explained that he proposed to remodel the existing porch at the rear of the residence and make a 7' X 21' addition thereto. This added space will be used as a den and breakfast room which will have a total dimension of 13' X 22'. The rear yard requirements will not be violated by this addition. A motion was made for_a_pproval of the application as submitted, which was seconded and passed. Tract No. 4 - Z-2381 Applicant: Rufus Cyrus Location: 2201 Battery Street Description: Lot 1, Myers Subdivision of Block 10, Oak Terrace Addition Classification: "C"-Two-family District Variance: Requests a Variance from the Front and Side Yard Provisions of Section 43-12 of the Code of Ordinances to permit enclosure of porch in front yard area Mr. Cyrus, the applicant, was present. He said he moved into this house on December 27,1969 and after a few months found out that the upright posts on the front porch needed to be replaced. His wife made a contract with KoolVent Awning Company following a bid to install louvered glass on the porch, and it was his understanding that KoolVent would take care of all business connected with the installation including a building permit. About two weeks later his wife contracted for awnings and the City building inspector discovered that there had been no building permit issued and stopped the installation. Mr. Taylor said a permit is required for work done which exceeds $100.00 and this is a requirement with which all contractors and builders are familiar. He also said the building inspector informed KoolVent by letter either to remove the addition or to appear before the Board of Adjustment. Mr. Venhaus expressed the opinion that the applicant should have been able to rely on the contractor to secure the proper permits as he should be familiar with the law. He said the Inspection Department would assess the triple penalty against the contractor in accordance with the building code and they should -3- Board of Adjustment Minutes 17,1970 stand the cost of this application before the Board of Adjustment. A motion was made that this application be approved, with a further provision that the contractor be assessed full penalty of the Codes and Ordinances governing this type of work, and any other costs that the applicant may have incurred due to the lack of obtaining proper permits. The motion was seconded and passed. Mr. Flake explained to Mr. Cyrus that this action pertained only to "just what is in place now - .it does not allow you to put awnings on it." Tract No. 5 - Z-2387 Applicant: H. J. Lewis Location: 4528 Woodlawn Description: Lot 12, Block 22, Pulaski Heights Addition Classifications "A" -One -family District Variance: Requests a Variance from the Side Yard Provisions of Section 43-12 of the Code of Ordi- nances to permit an addition to existing residence Mrs. H. J. Lewis was present to represent the application. There were no objectors. The Staff recommendation was read as follows: "The Staff recommends approval of the requested Variance. The proposed Variance does not project into any required yard space, and does not in any manner adversely affect adjacent properties due to the fact that the proposed addition is on the open street side of the lot. This Variance is based on addition to non -conforming structure, and not on hardship." Mrs. Lewis stated that they would like to add a bathroom downstairs - a.shower, commode and lavoratory, and will enclose the space on the northwest corner of the house for this purpose. She said it would not deface the house or make it look different. This addition is needed as her husband has been in an accident and cannot go upstairs. A motion was made that the application be a rp� oved, which was seconded and passed. Mr. Williams abstained. There being no further business, the meeting was adjourned at 2:85 P. M. L. Dickson Flake, Chairman,_ Don R. Venhaus, Secretary -4-