boa_05 17 1965LITTLE ROCK BOARD OF ADJUSTMENT
MINUTES
May 17,1965.
MEMBERS PRESENT
Scott Farrell,Chairman
W. R. Meeks
Maxwell Lyons, II
W. H. Marak
W Cecil Kuehnert
MEMBERS ABSENT
None
STAFF PRESENT
Henry M.de Noble
John L. Taylor
0 Louis Barber
0 Dorothy Riffel
03
OTHERS PRESENT
Perry Whitmore, Asst.City Rttorney
Jerry Dhonau, 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. A motion was made for approval of the minutes of the last meeting
as mailed,which was seconded and passed unanimously.
Action was taken on the following items:
Tract No. 1 - Z-1833
Applicant:
Location:
Description:
Classification:
( Variance:
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Raymond C. Cook
5500 Sherwood Road
Lots 155, 156, and the West 1/2 of
Lot 157 of Prospect Terrace No. 2 Addn.
"A" -One -family District
Requests a Variance from the Rear Yard
Setback Provisions of Section 43-12-(2)
of Code of Ordinances to permit addition
to existing structure
Mr. Louis Rosen, Agent, was present to represent the applicant. A motion was made
for approval which was seconded and passed unanimously.
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Board of Adjustment
Minutes - 5-17-65 -2-
Tract No. 2 - Z-1826
Applicant: W. H. Rudd
Location: 815 West 14th Street
Description: The West 50 feet of Lots 71 8, 9, 10,
11, and 12, Block 234, Original City of
Little Rock
Classification: 11F11-Commercial District
Variance: Requests a Variance from the Use Provi-
sions of Section 43-7 of Code of Ordi-
nances to permit addition to and remodel-
ing of repair garage
Messrs. W. H. Rudd, applicant, and his attorney, George Pike, were present. Mr.
Rudd stated that this automotive repair garage had been in operation since 1919
at 815 West 14th Street. He plans to add a one-story concrete block building on
Lot 10, and a two-story brick building on Lot 12 and remove the existing two-
story frame building which is now on Lot 12. There is also an existing one-
story brick building on Lot 11. The Little Rock Housing Authority has encouraged
him to make these improvements to upgrade the neighborhood. There will be no
expansion of the operation, but will enable him to take care of what he has and
have a more attractive appearance. Access to this property also exists from
15th Street, The operation would be from 7:30 A• M-to 5:30 P. M. 512 days a
week.
A motion was made for awl of the Variance provided no parking is permitted
in the front yard space and that that portion of the concrete block wall constructed
on Lot 7 shall not exceed four feet in height on the 15th Street side, and for
25 feet back from south property line on both sides of the lot. This garage has
existed at this location since 1919 and is within the High Street Urban Renewal
Project. The Little Rock Housing Authority recommends application be approved.
The motion was seconded and passed unanimously.
It is realized that this is an expansion of a non -conforming use. However, in
the interest of improving the area, and it cannot be done unless the property
is acquired by the High Street Urban Renewal Project which is not contemplated -
it is felt that it is within the province of the Board of Adjustment to allow the
expansion of this non -conforming use, a public garage, under the provisions of
Section 43-22-(4)(e) of the zoning Ordinance.
Tract No. 3 - Z-1828
Applicant: Burney Olinghouse
Location: 1418 Kavanaugh Boulevard
Description: Lot--7, Block 2, Fairfax Terrace
Classification: "Bti-Residence 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 lot; and a Variance from the
Rear Yard Setback Provisions of Section
Board of Adjustment
Minutes - 5-17-65
Tract No. 3 - Z-1828 (continued)
-3-
43-12 of the Code of Ordinances to
permit additional structure on rear
of lot
Mr. and Mrs. Olinghouse were present, as was Mr. Jack Holt, Jr., their attorney.
Mr. Holt stated that the applicant bought the property a short while ago which
had the existing structure to the north, which is in question. The construction
was to permit their daughter, whose husband is in the Service and overseas at
this time, to live there when he returns. Construction was started and then the
question was raised as to whether or not this would constitute two families
living on one tract of land and a stop order was issued by the City. Mr. Holt
said that this was not an addition, but constituted only the remodeling of an
existing structure for the use of the daughter.
Four adjacent property owners were present to object to the Variance requested,
who are George Richardson, 3225 Ozark; H. C. Johnston, 3219 Ozark; H. W. Jefferies,
3221 Ozark, and Mrs. Alice Keary, 1410 Kavanaugh. Mr. Jefferies said that his
objection primarily as a property owner was that if existing ordinances were
changed his property would thereby be depreciated in value. His property is
north and to the rear of the applicant's property. Since the Olinghouse family
moved there, the garage and servant's quarters have been converted and an addition
of 10' X 10' has been made to the structure that was there at the time they moved
in, said Mr. Jefferies. The Bill of Assurance states that the property shall be
used only for strict residential purposes, which shall not include apartments of
any kind or character, and that not more than one residence shall be erected on
each lot. A petition signed by 13 adjacent property owners was filed withthe
Board in opposition. Mr. Jefferies stated that Mr. Olinghouse was warned and
told explicitly that it was a one -family area and also several others told them,
proof of which can be furnished.
A motion was made for denial of the request for Variance, as the intended use as
a separate dwelling unit on the same lot is contrary to Section 43-2(5) of the
Zoning Ordinance• This information was given t❑ the applicant when the applica-
tion was filed. A building permit was issued February 5, 1965 for "repair of
laundry room residence". A complaint was received by the Permits Section that
an additional living unit was being constructed on the property. Based upon
physical examination of the property by personnel of the Community Development
Department, a "stop order" was issued denying occupancy of structure and owner
advised to present case to Board of Adjustment. The motion was seconded and
passed unanimously.
Tract No. 4 - Z-1805
Applicant: Don McCorkle
Location: 5119 "A"- Street
Description: Lots 1 and 2, Boock 7, Pfeifer's Addn.
Classification: "B"-Residence District
Variance: Requests a Variance from the Use Provi-
sions of Section 43-3 of the Code of
Ordinances to permit Parking Lot for an
adjacent apartment hotel which is
proposed.
Board of Adjustment
Minutes - 5-17-65 -4-
Messrs. McCorkle, Doyle Fulmer and Glen Williams were present. There were five
adjacent property owners present in opposition, including Mrs. Donald Nixon,
5117 "A" Street and Mrs. Mary Powell., 5109 "A"- Street. This request was before
the Board of Adjustment on April 19th and April 29th and was deferred pending
the filing of a revised building layout as well as revised plans for the parking
lot with ingress and egress restricted from "All Street.
In Executive Session, a motion was made that the request for Variance be approved
with a provision that parking on the north lot not be permitted up against the
east line; that screening of a type required by the Ordinance be erected on the
alley where it abuts the residential district; the curb, gutter, and sidewalks
be constructed on Markham, Harrison, and "A" Street sides of property where not
now existing. The motion was seconded and passed, with Mr. Meeks abstaining.
Tract No. 5 - Z-1649
Applicant: Dr. Charles W. Fowler
Location: 5409 "A" -Street
Description• Lot 5 and the East 1/2 of Lot 4,
Block 10, Pfeifer's Addition
Classification: "C"-Two-family District
Variance: Requests a Variance from the Front Yard
Open Space Provisions of Section: 43-21
(H)(b) of the Code of Ordinances to
permit parking in Front Yard Space
This application was withdrawn by the Staff prior to the meeting because of failure
of applicant to pay filing fee, and notify adjacent property owners.
Tract No. 6 - Z-1477
Applicant: Lawrence Witherspoon
Location: 7616-18 "T'' Street
Description: Lots 11 and 12 of Block 3, Bellevue Addn.
Classification: "F"-Commercial District
Variance: Requests a Variance from the Front Yard
Setback Provisions of Section 43-12 of the
Code of Ordinances to permit addition to
the existing structure.
Mr. Witherspoon was present to represent this application. A motion was made for
approval provided off-street parking is provided for, and curb and gutter and side-
walk be provided on "T" Street. The motion was seconded and passed unanimously.
There being no further business, the meeting was adjourned at 3:30 P. M.
Henry M. de Noble,
��77 Secretary
Scott Farrell, Chairman.