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boa_09 20 1965LITTLE ROCK BOARD OF ADJUSTMENT MINUTES SEPTEMBER 20, 1965 MEMBERS PRESENT ,.R.. Meeks, Vice Chairman W. Finley Williams Cecil Kuehnert MEMBERS ABSENT Scott Farrell Maxwell Lyons, II STAFF PRESENT Henry M. deNoble John L. Taylor Louis E. Barber Dorothy Riffel OTHERS PRESENT Perry Whitmore, Asst. City Attorney Doug Smith, Gazette Reporter 2:00 P. M. There being a Quorum present, the meeting was called to order by the Vice Chairman at 2:00 P. M. A motion was made for approval of the minutes of the last meeting, which was seconded and passed unanimously. Action was taken as follows: Tract No. 1 - Z-1891 Applicant: 0. D. Longstreth Location: 1407 West 7th Street Description: Lot 2, Block 346, Original City of L. R. Classification: "E-1" Quiet Business District Variance: Requests a Variance from the Use Provisions of Section 43-6 of the Code of Ordinances to permit a parking lot Mr. Finley Williams disqualified himself from voting on,this case, leaving insufficient voting strength, and action was postponed until a future date when a special meeting will be called for this purpose. Mrs. Robert Allen, 4301 West 15th, who owns the adjacent property to the west, 1409 West 7th, was present to have the zoning classification explained. She did not object to a parking lot if it were not built too close to her property, but wanted to be assured that the next lessee could not change the zoning and an objectionable use made of the property,. She.was told that at the present time the property is zoned "E-1" Quiet Business and could not be used commercially without an "F" Commercial classification. Mrs. Allen stated that she and her husband bought the property in 1946 and the house was there and that they lived in it for a while, but it is now rented. Her husband operated a grocery. store at 1401 West 7th Street for 20 years., until his death last Fall, and that she depended on income from the duplex and is interested in keeping it rented. She is concerned about fumes from cars using the parking lot which would be obnoxious, and that she would not want shrubbery used as a screen because it would have to be trimed on her side. She said that Mr. Longstreth agreed orally not to put the parking lot too close to.the house on her property. Mr. Meeks told Mrs. Allen that the petitioner could go to the property line, but that he would be required to install a four foot high screen of evergreen planting or some type of fence. This case will be heard again at the next meeting or a special meeting at which time action will be taken. Tract No. 2 - Z-1892 Applicant: James Granger Location: 3216 Wolfe Street (shown as 3240 Wolfe) Description: Lot 4, Block 1, Watson's Addition' Classification: "B" Residence District Variance: Requests a Variance from the Side Yard Setback provisions of Section 43-12 of the Code of Ordinances -to permit addition to existing nonconforming structure There was no one present to 'represent this application, nor any objectors. The oIiginal building was constructed too close to the north property line. A motion was made for approval of the Variance as this property lies in the Coliseum Urban Renewal Project and is scheduled for rehabilitation. As the adjacent property on the north has a south side yard in excess of lr feet, the required Variance for this property is recommended. The motion was seconded, and passed unanimously. Tract No. 3 _.Z-1880 Applicant: H. Irwin Location: 8500,Asher Avenue Description:-� Long Legal Classification: 'IF" Commercial and "A" One -family 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 I MH. H. Irwin, 8502 Asher, the applicant was present. There were no objectors. He stated that his application for a variance on a nonconforming building was requested in order that he might replace an antique building which is there without having to subdivide this piece of property. He plans to build a new fireproof building for an expansion of his present business - a carpet sales operation. When asked why he objected to subdividing the property, he stated that the cost would be out of proportion to the type of operation he intended to•do; that he had no intention of improving the -rest of the property, but only intends to replace the ol.d.,building and enlarge it so that it would be useable; that it was moved there before the ­ property was taken into the City Limits. There are at present three structures on the property, one used for storagei one a garage apartment and the other is Mr. Irwin's home. The storage building is directly behind the proposed building. i It Was pointed out in Executive Session, that if Mr. Irwin subdivided the two tracts improvements on Hot Springs Highway would be required as a condition of the subdivision and that he would still have to have approval from the Board of Adjustment for the Main Structure Provisions to permit more than one main structure on a lot. A motion was made for approval of this application subject to the removal of all automobile storage from the north end of the premises, and suggested that the appli- cant make a request for subdivision of this property. The motion was seconded and passed unanimously. Tract No. 4 - Z-1890 Applicant: Melvin Spear Location:' 1816 North Jackson Street Description: Lot 29, and North 12.5' of Lot 28 Shadowlawn Addition Classification: "A" One -family District Variance: Requests a Variance from the Rear and Side Yard Provisions of Section 43-12 of the Code ,,of -Ordi nances to permit addition to structure Mr. Spear, the applicant, was present, and there were no objectors. He stated that there is a garage and servant's quarters at the rear of the property which he would like to remodel to some degree and make a den which would be joined to his house; that he has two girls who will soon be teenagers who would use this room, and in the menatime would be used by his wife's aged parents (80 and 90 years old) who'live in a small town, and who might find it necessary to come to Little Rock for medical care, as he could not afford the expense of nursing home care for them. There is an alley behind the property with a commercial parking lot for the Lake City Marine, Inc. across the alley. He stated that -the new addition would in no way be a rental unit as it would be part of his home, and that it would conform in design to the existing building and that it would be just an extension of his house. A motion was made for approval of the application, which was seconded and passed unanimously. Deferred Item - Deferred from Board of Adjustment Special Meeting 9-8-65 Z-3 7 - C. V. Hoke 315 E. Capitol Avenue - Mr. C. V. Hoke and Stuart Flanders were present, who are owner and lessee of the pro- posed development, and Mrs. Whitlow and C. E. Whitlow, adjacent property owners who were present to examine the development plan for use of the property. Judge Neill Bohlinger was also present in opposition. Mr. Whitlow was concerned about whether -or not any future tenant would be bound by the restrictions agreed to by -Mr. Hoke and Mr. Flanders as to the operation of the business, and wanted to insist that there be a stipulation that no body work nor motor repair work would be done on the premises.' He was informed that if the waiver was granted that it would run with the land and be binding on any future lessee. A motion was made that the development plan be approved provided that a 25 foot rear yard space is provided (which could be used for parking if properly screened) and further provided the applicant submit a revised letter containing the additional statements that no automobile body work will be performed on the premises and no general motor repair work will be done on the premises. The motion was seconded and passed unanimously. ITEM -NOT ON THE AGENDA Z-1871 - Joseph Kaufman - 5901 "H" Sfreet_- Deferred from August 16, 1965 meetin Mr. Kaufman was presnet and stated -that the question concerned the use of the rear yard for parking. When this matter was first presented, the problem was that of an illegal subdivision. Since the last meeting, the owner (Mr. Cox) of the east 8p feet of Lots 19 and 20, Block 7, Lincoln Park Addition, and Mr. K-aufman have worked out an agreement whereby a -warranty deed would be given to him (Mr. Cox) for the balance of the two lots, the west 60 feet of Lots 19 and 20, Block 7, and the owner would in turn lease to Kaufman the west 50 feet of Lots 19 and 20, Block 7, for a period of 99 years. In addition, the vacant properly would be used only for ' the purpose of a parking lot, paved with an all-weather type surfacing, would be kept in a good state of repair, would pay the taxes and assessments, and carry liability insurance, and would furnish an evergreen screen of shrubbery and fence on the common boundary between the"leased property and his area. All of this has been done pending its approval by the Board of Adjustment, and that all papers are ready for signature I Mr. Kaufman asked if it would be in order at the time the above matter is discussed at a special meeting to request a Variance from the required front yard space facing Grant Street, which is not open, and a 20 foot rear yard space on the lot immediately adjacent on the west. It would help the parking situation immensely if he could move the building (40' X 1001) forward, he said, into the front yard space 5 feet, making a 20 foot front and 20 foot rear yard space. This would allow 6 additional parking spaces off the alley - he already has ten spaces. He was informed that he would have to make a separate application for waiver, give proper notice to adjacent property owners - following the normal procedure of presenting a case. Mr. Kaufman was informed that in connection with the matter concerning Lots 19 and 20, Block 7, he should --procure a letter from the City Attorney's office for the Board of Adjustment advising that the legal matters have been resolved, and that his proposal of leasing space for parking it legal under the City ordinance. A proposed date will be set for a special meeting to consider case Z-1891 (Longstreth), and Mr. Kaufman's matter involving Lots 19 and 20, Block 7. TI�ere being no further business, the meeting was adjourned at 3:14 P. M. Henry M. de Noble, Secretary I r. Yd. R. Meeks, Vice Chairman