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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
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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
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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
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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
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