Loading...
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: H h\ 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. b 1 Lj IL I.�ud 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.