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boa_04 19 1965LITTLE ROCK BOARD OF ADJUSTMENT MINUTES Agri 1 19,1965 MEMBERS PRESENT Maxwell Lyons W. R. Meeks W. H. Marak Cecil Kuehnert MEMBERS ABSENT Scott Farrell STAFF PRESENT Henry M. de Noble John L. Taylor Louis E. Barber Dorothy Ri ffel OTHERS PRESENT Perry Whitmore,,Asst, City Attorney Jerry Dhonau, Gazette Reporter 2:00 P. M. There being a Quorum, the meeting was called to order by the Chairman at 2:00 P. M. A motion was made for the approval of the minutes of the last meeting as mailed. Action was taken on the following items: - Tract No. 1 - Z-1809 Applicant: H. S. Davis Location: 2900 Block of Confederate Boulevard (Highway #65) Description: Lot 3, Block 10s Watkin's Addition Classification: "I" -Light Industrial District Variance: Requests a Variance from the Main Structure Provisions of Section 43-2-(5) of Code of Ordinances to permit more than one main structure on a lots also approval of the development plan. Mr. Davis and Pat Powers, Engineer, were present, who stated that they plan to build an automatic car wash. There is one building on the plot and they want to build another south of this one. A pump house and two stalls are proposed for the location at the present time and possibly will add four more stalls. A motion was made that the Variance be granted to permit the installation of the two car -wash stalls on the same tract and the approval of an addition of as many as four Board of Adjustment Minutes - 4-19-65 -2- units if needed in the future; that the ingress and egress to the property be worked out to the approval of the Community Development Department and that the approval of the development plan regarding the warehouses be denied at this time. The motion was seconded and passed unanimously. Tract No. 2 - Z-1812 Applicant: Harry and Alma Freeman Location: 3021 Louisiana Street Description: Lot 17, Block 2, South Main Street Addn. Classification: "B11-Residence District Variance: Requests a Variance from the Front and Side Yard Provisions of Section 43-12 of Code of Ordinances to permit addition to existing structure The applicants were present who stated that they plan to repair a bedroom and add a bedroom and they need the Variance as the house is too close to the street in front and too close to the property line on the south side. A motion was made for approval of the application provided the excess lumber on the lot is removed on completion of the job. The motion was seconded and passed unani- mously. Tract No. 3 - Z-1805 Applicant: Don McCorkle Location: 5119 "A" Street Description: Lots 1 and 2, Block 7, Pfeifer's Addition Classification: "B"-Residence District Variance: Requests a Variance from the Use Provisions of Section 43-3 of Code of Ordinances to permit parking lot for an adjacent apartment hotel which is proposed. Mr. Don McCorkle, applicant was present, as was Mr. Ed Lester, Attorney representing a group of adjacent property owners who oppose the Variance. He filed "a petition having 44 names in opposition (only 11 of the 44 were bona fide objectors who live within 200 feet of property in question). Mr. McCorkle stated that he plans to construct the Markham House which is an apartment hotel or rooming house for the use of visitors to nursing homes and hospitals, particularly the University Medical Center. At the present time there are no accommodations of this kind available but a few old converted rooming houses. The property faces Markham Street and has two old vacant houses located on it which are completely run-down. The two lots across the alley to the north to the rear of this property,now zoned "B" Residence, require the Variance from the present zoning for the purpose of parking which will be paved, have sidewalks, be properly landscaped, and in his opinion, would not detract from the values in the neighborhood. To the south of this property, the applicant plans to spend $400,000.00 for this redevelopment. L. R. Board of Adjustment - Minutes - 4-19-65 -3- Mr. Lester, representing Dr. William L. Cloud, 5300 West Markham, a dentist, and numerous property owners on "A" -Street adjacent to the lots in question, oppose the granting of the Variance. He stated that the group that he represents do not accede to the fact that the property is properly zoned for an apartment hotel. This might have a bearing on the decision regarding the two lots on "A" Street if the matter were referred to the Planning Commission as the lots on Markham Street are zoned "E-1" which should have an "E-1-A" classification for a lodging house. He said that it is clear that the dwelling units will be rented by the night,and for the good of all concerned this is a question for the Planning Commission because zoning ordinances provide not only for construction but for the use of property. If this is not done, it might be cause for court litigation in the future, and this is a matter of great concern to the property owners he represents. Many of these property owners have lived there for thirty to forty years and want to protect the area as a single-family district, but once a variance is granted for a parking lot, there would be traffic there all during the night. It is their desire that to protect an area of long-standing "A"-1 Single-family residences *(actually zoned "B"-Single-Family) the petition should be denied,or certainly it should be referred to the Planning Commission for a ruling. Dr. Cloud stated that he owns the property at 5300 West Markham which he bought with the understanding that this was a professional area and would not be changed. Mrs. Donald P. Nixon, 5117 "A" Street stated that the parking lot would be right next to her house and that parking would be within 5 feet of her bedroom, and she thinks it would decrease the value of her home. Mrs. Walter Powell, 5109 "A" Street objects to the traffic problem and the fact that the value of her property would be decreased. Mr. Robert E. Harrison, 5310 "A Street was present who stated that he had several children and he thinks because of the narrow streets, the traffic problem would be increased. Mr. Junius Holmes, President of the Little Rock Abstract Company, who stated that he knows values in this area said that in his opinion this construction would increase the value of the property in the neighborhood. A motion was made that action on this case be deferred until a ruling can be had from the City Attorney as to the correctness of the zoning for the proposed apart- ment hotel. The motion was seconded and passed unanimously. (*-supplied by editor) (The Board set on this case for Special Meeting on April 29th. wallies es concerned) Tract No. 4Z Applicant: Transportation Properties, Inc. Location: Kavanaugh and McKinley Streets Description: Lots B and 22 of Westover Hills Addn. Classification: 'IF,, -Commercial District Variance: Requests a Variance from the Reap` Yard Provisions of Section 43-1242) of Code of Ordinances to permit construction in Rear Yard Space. Mr. Bruce Bullion,Attorney representing the applicant, and Mr. Bob Beal were present. Mr. Bullion stated that the purpose of the application, which has been before the Board of Adjustment Minutes - Meetinq April 19,1965 -4- Board before, is to permit the construction of a commercial building on an already zoned commercial property in order to make better use of the parking area south of the property itself. There are two proposed.entrances,,from Pine Valley Road and McKinley Streets.The Parking area in front of the building has been re -arranged for 17 parking spaces, and the only way to fit the necessary improvement on the property is to back the building to the lot line of Lot 23 immediately north of - this property,which is also owned by the applicant. (* Lot 23 is zoned "A" -Residential but bad terrain). The proposed occupant of the building is a drive-in.grocery store in the west side,but there are no plans for the occupancy of the portion to the east. Mr. George Morrison, 2120 N. McKinley Street,representing a group of property owners adjacent to the applicant's property, stated that an already serious traffic hazard at this intersection would be made worse. Mrs. Dora Pasink, 2015 N. McKinley, whose property is directly across the street, objects to the unsightly conditions which accrue for the proposed. building. Mr. Bullion stated that they are trying to make the best use of the property and does not feel that the traffic problems would be increased. A motion was made that the Variance be granted provided that there be no rear (north) exit of the building; that provisions be made for trash collection at east and west sides of the building, properly screened; and that the parking area be properly screened,hard surfaced,with construction of curb and gutters; and that the unused portion of Lot B be so developed that no traffic could move across it. The motion was seconded and passed unanimously. (* Supplied by the editor ) Tract No. 5 - Z-1800 Applicant: Transportation Properties, Inc. Location: 7604 Iowa Drive Description: The West 40 feet of Lot 15 and the East 20 feet of Lot 14, Block 1, Bellevue Addition Classification: "A" -One -family District Variance: Requests a Variance from the Use Provisions of Section 43-3 of Code of Ordinances to permit location of parking lot for adjacent commercial use Mr. Bruce Bullion, Attorney, was present representing the applicant. The Variance is requested from the Use Provisions of property.located on Iowa Drive just west of Mississippi, adjacent to other property owned by the applicant zoned "F"-Commercial. He stated that he feels with the present zoning of the property, the use provision should be waived to permit the construction of a parking lot for the use of a commercial facility which they propose to build (drive-in grocery store). Mrs. R. G. Taylor, 7618 Iowa Drive, adjacent property owner to the west, was present to express her opposition to the Variance. She stated that it would be completely out of harmony with the already existing use, and asked that the request be denied on the grounds that it would be using residential property for commercial purposes, and to keep it in harmony with the property with which it is to be used, it should be zoned commercial. Mrs. Rushin, Mrs. Taylor's neighbor, was also present and expressed a similar opinion. Board of Adjustment Minutes - 4-19-65 -5- Mrs. Bates of the Bates Realty Company was present who said she is not directly interested in this and does not oppose the Variance as such, but just wanted to say that in fairness to everybody concerned, in her opinion, the lot should be zoned "F"-Commercial. A motion was made that the Variance be approved provided that Transportation Properties apply immediately to the Planning Commission for the proper zoning of the property in conformance with the balance of the tract, and that Transporta- tion Properties meet the screening, hard surfacing requirements and the installation of curb, gutter, and sidewalk on Iowa Drive. The motion was seconded an& passed unani- mously. Tract No. 6 - Z-1818 Applicant: W.C. McMinn Location: 910 Marshall Street Description: All of Lot 10 and the north 46.6 feet of Lot 9, Block 11, Marshall and Wolf e's Addition 'CIass i.f.: Cation: 1101-Two-family District Variance: Requests a Variance from the Use Provisions of Section 43-4 of the Code of Ordinances to permit parking lot for adjacent business. There was no one present to represent the application, and no objectors. A motion was made for approval of this application provided appropriate screening is install- ed as required by the Zoning Ordinance, on the Marshall Street side of the parking lot. The motion was seconded and passed unanimously. Mr. Roy Hogan of Arkansas Power & Light Company, appeared before the Board to ask that a special meeting be called to consider a Variance to the zoning ordinance to permit construction of a Substation on West Markham Street just west of Shackle - ford Road. They are attempting to build a substation at this time to have it ready and in use before the peak summer months, but if they find that it is not possible to secure permanent transformers and other relating equipment, they will go ahead and do the necessary grading and foundation work and finish it, and will then put in a trailer mounted mobil unit and use that for service to the western part of the City of Little bock. The Arkansas Power & Light Company will spend approximately $240,000.. on this project and would like the granting,of the Variance before any extensive work is done at the site. Mr. Hogan stated that they would make the proper application for the Variance in zoning in order that it might be acted on before the regular May meeting. The property is now zoned "A" -One -family District. A motion was made to set a special hearing of this case and Case Z-1805, 5119 "A" Street for Thursday, April 29 at 2:00 P. M. The motion was seconded and passed unanimously. There being no further business, the meeting was adjourned..at 4:00 o"clock P. M. Henry M. de Nob1`e, Secretary. W. R. Meeks;/,� Vice Chairman.