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
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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.
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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
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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
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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.