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boa_04 29 1965LITTLE ROCK BOARD OF ADJUSTMENT SPECIAL MEETING MINUTES April 29,1965� MEMBERS PRESENT_ Scott Farrell + W . R . Meeks Maxwell Lyons, II MEMBERS ABSENT W. H o Marak Cecil Kuehnert STAFF PRESENT ,.On L.Taylor Larry Gunn Louis Barber Dorothy Riffel OTHERS_ PRESENT '--°rry Whitmore, Asst. City Attorney Jerry Dhonau, Gazette Reporter 2:00 P. M. ;"here being a Quorum present, 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 mailer which was seconded and passed unanimously. Action was taken on the following items: - Tract No. 1 - Z-1805 Applicant: Don McCorkle Location: 5119 "All -Street Description: Lots 1 and 2, Block 7, Pfeifer's Addition •'.;lassification: "B"-Residential District Variance: Requests a Variance from the Use Provisions of Section 43-3 of the Code of Ordinances to permit parking lot for an adjacent apart- ment hotel which is proposed Messrs. Don McCorkle and Junius Holmes were present in the interest of this applica- "ion for Use Provisions Variance, and had no further comments to make other than those made at the regular meeting on April 19, 1965, when this case was heard by the Board of Adjustment. An opinion from Joseph C. Kemp, City Attorney was read by Mr. Whitmore (a copy of which is attached hereto) stating that an Apartment Hotel is a permitted use under "E-1" zoning district. Mr. Whitmore stated that one of the Board of Adjustment Minutes -2- April 29,1965 bases for the opinion rendered was the recognition of the distinction in the class q-)f clientele of an apartment hotel as opposed to the average motel or hotel which :serve aver -night guests. The use of the proposed structure, according to the applicant is intended to serve that segment of the population visiting or in attendance with persons hospitalized at either or both St. Vincent's Infirmary and University Hospital, both situated in the vicinity of the property in question. Mr. Taylor stated that the building would have to comply with the Front, Side and Rear Yard requirements for an "E-1" structure, and all parking requirements would have to be met which includes screening on three sides, proper setbacks, and suggested no entrance or exit from the parking lot on "A"- Street except from the alley or Harrison Street. Mrs. Donald P. Nixon, 5117 "A" -Street was present as an objector and stated that the proposed parking lot on "A"- Street would be within 5 feet of her bedroom. She also stated that she had been informed by a reliable source that a swimming pool was contemplated in the plans for this property, and Mr. Junius Holmes and Mr. Don McCorkle both assured her that there was no foundation for this rumor, and that there was no swimming pool contemplated now or in the future for this property. Mr, Ed Lester, Attorney was present representing a large group of objecting adjacent property owners and stated that he had nothing further to add to his remarks of the previous meeting, and asked if there is a covenant with this application restricting the use of the proposed building to visitors of hospitals, or was it to be for the benefit of anyone desiring this type of accommodation. He was told that there was no such covenant. A motion was made that action be deferred until the applicant could furnish the Staff with revised building layout plans as well as revised plans for the parking lot with ingress and egress restricted from "A" -Street so that the application could be acted upon at the next regular meeting which is May 17th. The motion was seconded and passed unanimously. Tract No. 2 - Z-1822 Applicants Arkansas Power & Light Company Location, West Markham Street west of Shackleford Road Classification- "A" -One -family District Description° Long Legal Variance, Requests a Variance from the Use Provisions of Section 43-3 of the Code of Ordinances to permit a public utility use for a Substation structure Mr.Roy Hogan, representing the applicant, was asked,if there was some kind of buffer between the transformers and the street (West Markham). He stated that the property is 380 feet along West Markham, and that the transformers themselves would be approximately 175 feet back from Markham Street and will fit within.the fenced area. The setback from Markham Street is approximately 100 feet to the fence. At the present time the AP&L does not contemplate using some of the south portion of this property as it is quite low, and that normally the size area being fenced at this time would be sufficient for the company's needs for a substation site for many years to come. The adjacent property to the east is vacant, and the Telephone Company's Locust Exchange is 250 feet east of this property. There is twice as much vacant area in the tract as the amount they will use for the substation. The transmission structures Board of Adjustment Special Meetinq Minutes -3- April 29,1965 themselves will come in on poles extending out of the ground about 65 feet. He said attached to the fence will be florescent fixtures about 4 feet high trained into the equipment of the Station, and that no flood lights are used which would be objectionable to adjacent property. At the present time they will have two transformers and will add another one at a later date when the development in the area warrants. The noise level is constantly being reduced through improved equipment, and this installation will be even more quiet than any now in use. The one located at 8th and Woodrow Streets can hardly be heard outside the fenced area. A motion was made for approval of the Variance, -which was seconded and passed unanimously. Mr. Meeks requested the Board to reconsider the case of Dr. Charles W. Fowler, Case Z-1649, asking for a Variance to permit parking in the Front Yard Space which was denied at the February 15, 1965 meeting. A motion was made to reconsider this case at the next regular meeting on May 17,1965. The motion was seconded and passed unanimously. There being no further business, the meeting was adjourned at 2:45 P. M. Henry M. de Noble, Secretary S4t- cotl , Chairman. JOSEPH C. KEMP CITY ATTORNEY OFFICE OF THE CITY ATTORNEY Pyramid Life Building LITTLE ROCK, ARICANSAS - 72201 April 29, 1965 j - Mr. Henry de Noble Board of Zoning Adjustment City Hall iyl Little Rock, Arkansas Dear Mr. de Noble: The Board of Zoning Adjustment, on Monday, April 19, 1965, requested an opinion of this office on the matter of whether the property situated at the northeast corner of the inter- section of Harrison and West Markham Streets in this city, and zoned as an E-1 classification, may be utilized for the purpose of constructing what the owners identify as "apart- ment -hotel." The plans presented to the Board of Adjustment reflect a planned three-story structure containing fifty separate units with each unit consisting of only one room, with either one or two beds, and with bath and toilet faci- lities. It was stated by applicants that this building com- plex is intended to serve that segment of the population visiting or in attendance with persons hospitalized at either or both St. Vincent's Infirmary and University Hospital, both situated in the vicinity of the property in question. E-1 zoning classification, according to the Code of Ordin- ances of the City of Little Rock, among other things permits uses as authorized by D and E apartment districts, which includes "group houses, boardinghouses and lodginghouses." From the facts as presented to the Board of Zoning Adjust- ment, both orally and according to the plans for the struct- ure to be erected, this office can not distinguish the pro- posed use from any other known lodryinehouse, and therefore concludes that the proposal of the applicants is authorized by the ordinance, and should be approved. Very truly yours,'=� Joseph C. Kemp JCK : ep