boa_10 18 1965LITTLE ROCK BOARD OF ADJUSTMENT
MINUTES
OCTOBER 181,1965
MEMBERS PRESENT
Scott Farrell, Chairman
W. R. Meeks, Vice Chairman
Maxwell Lyons, II
Finley Williams
Cecil Kuehnert
MEMBERS ABSENT
None
STAFF PRESENT
Henry Mo de Noble
Jack L. Taylor
Louis E. Barber
John Erickson
Dorothy Riffel
OTHERS PRESENT
Perry Whitmore, Asst. City Attorney
Doug Smith, Gazette Reporter
There being a quorum present, the meeting was called to order by
2:00 P. M. A motion was made for approval of the minutes of the
mailed, which was seconded and passed unanimously.
Action was taken as follows: -
Tract No. 1 - Z-1907
2: 00 P. M.
the Chairman at
last meeting as
Applicant: Marbar-Wright Enterprises
Location: 825 Main Street
Description: Lots 5 and 6, Olock 9, Original City
Classification: "H"-Business District
Variance: Requests a Variance from the Parking and
Loading Requirements of Sec. 4341 of Code of
Ordinances to permit construction of a
building
Mr. Ed Lester, Attorney in the Tower Building, was present representing the petitioner.
He said this is a joint venture of Messrs. Lester, Robert Shults, Edward L. Wright who
-have entered into a cent?r-act of sale for the two lots at 9th qnd Main Street which are
adjacent to the building formerly occupied by Healey and -Roth Funeral Home. MIston
Construction Company will build a building contingent upon the granting of waivers for
for parking -(continued on next page) 1
Board of Adjustment Minutes -
October 18 1965 -2-
and loading requirements. Mr. Lester contended that this particular area, while
not technically classified as in the Central Business District, is not far off. The
development plan is for a 28,000 square foot building whose lower floor will be used
for retail sales of hard goods - cameras, jewelry, etc., and the second floor to be
used as a warehouse. The main objection to the development of Main Street property in
this location is that it is far too valuable to allow parking on it. The entire Main
Street area, he said, has been developed without parking as has the rest,of the property
in the Central Little Rock Business District. Mr. Lester said that this particular
property has some other reasons for granting this waiver. It is immediately adjacent
to two lots on the east whichhave been purchased by the First Presbyterian Church
and we understand that they propose to use it for parking in_the immediate future.
The area lurth er up Main Street will eventually be used for public parking, if plans
are carried out, and we base our case on the character of Main Street in this particular
area, he said, and feel that we should be allowed to develop this property just as other
property owners have done on Main Street. The proposed building will be the same type as
the new Block Realty Company building without windows. He stated that loading will be
from the alley in the rear.
Mr. Yandell Johnson, an architect, who owns property at 113 East 9th Street, which is
across 9th Street from subject property, was present in opposition. He feels that there
is no reason whatsoever to grant a waiver of the requirements for parking and loading
facilities for this property for several reasons - (1) There is not adequate parking
within the area now and the building would displace parking that now exists there
for some 25 cars, (2) The waiver of loading space, he *aid,'for this building is ridicu-
lous as a 10 foot alley is no place to unload from, as there is enough trouble unloading
in a 20 foot alley, (3) Proposed parking in the area adjacent to the Church, of course,
is not public parking, and there is no public parking in the immediate vicinity except
I n Main Street a block down from this location. Parkingis not adequate to serve what
is there now, much less what would be added by a new building.
Mr. Frank Biniores who owns the property at 900 Main Street occupied by the Western
Auto Store, stated that he. was required to provide off-street parking, consequently
limiting the size of the building that could be put on the property.
Mr. de Noble was asked how many spaces would be required for the proposed building
and he replied that if it were a retail operation exclusively, 40 spaces would be
required; if, it was one-half retail and one-half warehouse, 32 parking spaces would
be required.
Mr. Lester stated that he felt that it was unfair to'require this number of parking
spaces as.for all practical purposes, the property could not be developed with land
costa, as they are, Iand there are only two lots (14,000 square feet) involved. Mr. Kuehnert
asked if it might be possible to use the Church property during the week for parking, and
Mr. Lester stated that he thought arrangements could be made with the Church for this
purpose, but that he could not make any commitment to this effect.
Mr. Yandell Johnson,stated that since the public parking area on upper Main Street is
not definite, and no commitment has been made with the Church for the use of its property
for parking, that it would be well to wait until such a commitment is made, and that
unloading in a 10 foot alley is ridiculous.
Mr. Lester said that they were faced with immediate development of the property for
the seller and would appreciate an early determination as to his clients rights.
Board of Adjustment Minutes -
October 1B, 1965 -3-
It was pointed out in Executive Session that there is no dedicated alley behind this
property and that other buildings in the area had complied with City parking require-
ments. Also that the Church had purchased property adjacent for future use, that
it is now rented, and that it has no immediate plans for using it as a parking area.
As to the contention of Mr. Lester that other Main Street buildings have not been
required to provide parking, Mr. deNoble said that these buildings were built before
the Parking Ordinance was in effect; that the petitioner could provide the necessary
parking space through the use of underground or two -level deck parking.
A motion was made for denial of this application for the reason that no provision has
been made for any off-street parking or a loading space for this proposed retail
wholesale business. The plea by the applicant of hardship due to economic factors
does not satisfy the requirement that hardship must arise due to circumstances unique
to the indicidual property. Also it should be pointed out that new construction on the
southeast and southwest corners of 9th and Main Street for Western Auto and for Pfeifer's
Tire Center did provide the required off-street parking. The Little Rock Hqusing
Authority did not wish to take a position on this requested Variance. The motion was
seconded and passed unanimously.
Tract No. 2 - Z-1906
Applicant: Robert Bona
Location: 1811 Wright Avenue,
Description: Lots 20, 21, 22 of Blk. 1, Moore & Penzel Addn.
Classification: "F" Commercial District
Variance: Requests a Variance from the.Rear Yard
.Setback Provisions of Section `43-15 of
Code of Ordinances to permit construction
of building in rear yard space; also
requests a Variance from the Parking Space
Requirements of Section 4345 of the Code
of Ordinances to permit less than the required
number of spaces.
Mr. Jack Farris, Stephens Building, a realtor, representing Mr. Bona was present. He
bought the property which was originally occupied by the Kroger Store on Wright Avenue.
Adjacent to and immediately to the east across the alley is a parcel of land 82 feet
on Wright Avenue with a depth of 72.,feet which was paved as a parking area. The building
was leased for 5 years to Hill Brothers after Kroger vaFated the property. The pro-
posed building would be 721 X 40, with a drive-in window on the alley side. Eight
parking spaces are available and the new development would need only two or three
spaces. Also Hill Brothers do not utilize all of its parking space and they have
indicated their willingness to share its parking space with the petitioner, if needed.
Mr. Farris stated that they are asking for a waiver of rear and side yard space in order
to utilize this land. It would be a concrete block building with brick facing andit
is necessary to have at least 2500-square feet for its operation which is a cleaning
business. Similar operations are located in Pine Bluff, Broadmoor, Tanglewood and
Cloverdale, employing only two or three persons.
Board of Adjustment Minutes -
October 18 1965 -4-
Mr. Louis W. Rosteck, Attorney in the Union Life Building, representing Mr. Bona
was also present, who stated that Mr. Bona has a hard problem in the development of
this property as he had to take back the pao•king lot on the east side of the building
when the lease with Hill Brothers was reneweci, and that the parking area is entirely
concreted at this time. He said that the proposed tenant will construct a nice
building which would be a credit to the neighborhood.
A motion was made that the application be approved subject to the applicant securing
a letter that Hill Brothers will allow the use of free parking space of a permanent
type basis for the employees of this business and that parking layout on property
be approved by the Staff. This motion was seconded and passed unanimously.
Tract No. 3 Z-1891
Applicant: 0. D. Longstreth
Location: 1407 West 7th Street
Description: Lot 2, Blk 346, Original City
Classification: 11E-let Quiet Business District
Variance: Requests a Variance from the Use
Provisions of Section 43-6 of Code
of Ordinances to permit construction of
Parking Lot
There was no one present to represent the petitioner, Mrs. Robert Allen, who owns
property at 1409 West 7th Street, was present to get information from Mr. Longstreth
as to the type of screening he would use between the two properties. This case was
scheduled for hearing at the September 20th meeting, but due to the lack of sufficient
voting s.trength after one member of the Board disqualified himself from voting, action
was postponed. She was told that if the Variance were approved, the screening required
would be that which was typical for a parking area - having a minimum height of a
4:foot-evergreen planting or masonry, or both. Mrs. Allen stated that she would like
to have enough space.°between .the properties to allow for repair to her house; also
that she would prefer a low -type screening if there was to be no night parking; that
she does not object to the parking lot per se if it were not too close to her property -
line.
A motion was made that this application be approved subject to there being no parking
in the front yard space of 25 feet. Mr. Finley Williams abstained from voting. The
motion was seconded and passed unanimously.
Tract No. 4 - Z-1807
Applicant: Jones -Murphy Properties; Inc.
,Location: 4300 West Markham Street
Description: Lots -1,+2, 3, 4, & 10 11 and 12, of
Blankenship°s Replat of Block 8
Glendale Addition
Classification: "E-1-A" Nursing Home, Lodging and
Undertaking District & 61C" Two-family
District
Variance: Requests a Variance from all Yard Requirements of
Section 43-14.1 - Requests a Variance from the
Use Provisions of Section 43-4 to permit the
construction of a parking lot
Mr. Noland Blasss Jr., architect, was present to represent the petitioners, who stated
that they propose to tear down three converted houses on the property on Markham Street
and construct a four-story doctors' office building that would be the very finest and
Board of Adjustment Minutes -
October 182 1965 ®5m
and highest type of constructions Mr. Blass explained in det '.1 how the project would be
developed with parking space being provided on ""A"" Street property screened, with curb
and gutter and pavement on one-half of "A"" Street which would be a considerabloe asset
to the neighborhood, and that landscaping of the parking area would be similar to that
of the National Investors Building on Third and Broadway. Height waivers are being
requested to allow the erection of a four-story building. It is proposed to make the
proper setback from Markham Street in line with adjoining property but are requesting a
variation of a -few feet on the west and east sides in order to permit the structure to
be built there. There will be no entrance off of Markham Street, but will be from Rose
Street and parking lot to the rear. Mr. Blass commented that there would not be enough
parking space if 25 feet on °"Ao" Street is retained as front yard space as 75 spaces are
needed; that sidewalks would be provided if necessary, but that there would be 12 to 15
feet of planting area, which would be plenty to allow for a dense planting growth. Mr.
de Noble said that.sidewalks would be required, and Mr. Blass commented that there still
would be plenty of room for a planting buffer. As to the provision of the 14 foot
clearance for the bridge, Mr. Blass said that this has not been completely worked out
yet, but that it could be resolved as desired by the Commission.
A motion was made in Executive Session for apZroval of the application for Variances
allowing the 25 foot setback fronting on "All Street to be used as parking in this
particular case because of the difference in grade level between property lines on the
south side of °"A"" Street and norths i de of °EA'" Street; that Lots 1, 2, 3 and 4 may be
used for a parking lot; that the west, north and east sides of the park.i.ng lot are
screened as required by the Zoning Ordinance; curb, gutter and sidewalks on "A"'" Street
side be installed; and that the bridge as indicated on the plot plan have a minimum
clearance of 14.0 feet from ground level; and that the storm drainage problem be worked
out with Public Works Department. The motion was seconded and passed unanimously.
Tract Noe 5 e Z-1905
Applicants Gordon G. Wittenberg
Locations 4801 Country Club Boulevard
Descriptions Lots 6 and 7, Block 6, Country Club Heights Addn.
Classifications "A""=One®fami'ly District
Variances Requests a Variance from the Front Yard Provi-
sions of Section 43-22-(4-g) of the Code of
Ordinances to permit Construction of walled court
yard in front yard space.
Mr. Wittenberg, the petitioner, was present, who stated that he wished to put an addi-
tion on the existing house. Part of involves a bedroom off of which we wish to build
a closed -in court yard, he said. To do this, the wall that would enclose that court would
extend '7 feet into the frurr yard space. No portion of the building would violate the
front yard setback requirements, he said. If he is allowed to build the wall there,
there would still be some JO feet from ,the curb line back to the wall, which would be
approximately�7 feet in height.
A motion was made that the application for Variance be ate, which was seconded'"and
passed unanimously.
Board of Adjustment Minutes
October 18,1965
Tract No. 6 - Z-1896
Applicant: Arkansas Power & Light Company
Location: 5,100 Block Reba-samen Park Read
Description: Long Legal -
Classi fi cati on: "A" -One -family District --
Variance: Requests a Variance front the:Use Provisions
of Section 43-3 of the' Cocte of Ordinances
to permit location of public utility in
residential zone.
Mr. Farrell: "Will the proponent of this application please come forward and state his
case."
Mr. Hogan: "I am Roy Hogan, I am an employee of'the Arkansas Power & Light Company,
and I represent this company here today to request a Variance for .the building of a
substation. Actually there are two locations - the other appears later in the
Agenda, and I wonder if it might be possible to speak for both of them at the same
time.
Mr. Jeff Davis: "I am a property owner in the area of 5100 Rebsamen Park Road and
would like to file at this time a form of written objection to the application for
` Variance, and would like to read it into the record. '.The.first--objectiorr•- wa-would
like to hear this application first, and in that -regard, Mr. Chairman, are you going
to place him under oath, and do I have the right to cross-examine him?"
Mr. Farrell: "We normally assume that everyone here is speaking the truth, but we can
if you prefer."
Mr. Davis: "Mr. Chairman, I am not asking for this out of--- dolt for- -the verity--qf
Mr. Hogan as I have the highest respect for Mr. Hogan:.and.-his C-mrany. The purpose is
that this is an administrative hearing, and the property owners are cencearned that
they may lose some of their rights 4n appeal if they do part protect themselves in
the record. I have noticed from the ordinances and statutes that you have the authority
to administer oath and to issue subpoenas; that we have the right for cross4examina-
tion. We would like to have the opportunity to have such rights and also lik& to
insist that the tracts be taken up separately and we would hopefully ask that you give
our request serious consideration because as you know if we 1-ose ilere we: -would have
to appeal to the court and we have that intention if that 'is the case aad-we want to
be sure that we will be in a position not to be faced with the --argument- that we di-d
not assert properly our rights before the administrative tribunal,..much as in the case
of Workmen's Compensation hearings or hear-ings before the National Labor Relati-ons
Board. This is a common administrative procedural aspect that.=.we-would request. I
would like for the record to show that I was the attorney for(inaudible)
and have no desire to.
Mr. Farrell: "In view of this comment, Roy, we will hear one case at a time.
Mr. Whitmore: "Do you want Mr. Hogan under oath at this time?" (Answer not audible on
tape). We have always been informal in this body and perhaps the ordinance does provide
that you may place witnesses under oath. Of course, that is up to the membership of
the Board here, but as I explained to Mr. Davis, we have no reporter and we do not keep
a formal record, and as far as I am perspnally concerned any appeal from this Body or
Board of Adjustment
Minutes-10-18-65 -7-
its ruling would be trial de novo in court. I doubt t4at we are in pos-i•titm- to provide
a record which would be valid and on which to base an appeal, frankly. We do have a
recording machine on which we presrve here the statements made by various witnesses
based upon public record, and I assume to that extent the reco•ro could be introduced,
but I doubt that that would be sufficient for the purposes of appeal. I would recommend
that the Board of Adjustment go forward witF this matter in the manner as at all other
meetings."
Mr. Farrell: "Would you object to this manner, Mr. Davis? I doacknowledge,-.of course,
that we have received Mr. Davis written objection (petition -containing 16 signatures)
and that it will become a part of this record."
Mr. Davis: "The first part of the written objection is as to the jurisdiction of this
particular body to hear this Variance. It is our contention that the Board -does not
have the authority to grant this Variance because the Statutes -of the State -of Arkansas
enabling the Board, I think, states clearly and in plain language, and .I would like to
read it to you. Section 19-2629 of the Bui.lding and Zoning regulations for cities
and towns in the State of Arkansas - Arkansas Annotated Statutes 1947•revised 19-2829
Implementation of Plan A- Preparation of Recommended Ordinance - Section B-.Zoning
Ordinance- I would like to skip down to the 4th paragraph - last sentence - "The Board
of Zoning Adjustment shall have the following function: (1) hear appeals from the
decision of an administrative officer with respect -to the enf.orcement.of the.:applica-
tion of said ordinance and may affirm or reverse in whole or in part the decision of
the administrative officer; (2) hear request for Variances from the literal provisions
of the zoning ordinances, in instances where the enforcement of which would cause undue
hardship due to circumstances unique to the individual -property under consideration,
and grant such variances only when it is demonstrated that such action woufi-:be in
keeping with the spirit and intent of the provisions of the zoning ordinance-. The
Board of Zoning Adjustment shall not permit as a_Variance, any.use.,in the:zone that
is not permitted under the ordinance. The Board of`Z6ning Adjustment-may-Am:pose
conditions in the granting of the Variance to insure compliance and to protect adjacent
property.
Now, gentlemen, the ordinance passed by the City Council April'15, 1953, included
virtually all the provisions that I have just read except that (you will note from
your book) they omitted the sentence that the Board of Adjustment shall not permit
as a Variance any use in a zone that is not permitted under the -ordinance. Now
this particular piece of property is zoned "A" and the use proposEd is light industrial -
at least- consequently the request far, exceeds the authority granted by -the State
statutes, and under the case of Economy Wholesale vs. Rogers 232-Arkansas Page 35
annotated at the end of this Section, I think you will find that -any -zoning ordinance
that exceeds the authority granted by the State's Enabling Statutes is void, and this
is our contention. The amendment to the zoning ordinance that.is in this Section
occurred considerably after the zoning ordinances of the City of Little Rock were
carried right over and enacted. In other words, I think this..is -something that has
been overlooked. However, this is not a unique position by any means .because the
American jurisprudence on zoning under the powers and duties of the Board .of Adjust-
ment and the same for corpus juris secundum clearly -poi-nts out under Board of Adjust-
ment zoning that this is a prerequisite that the Board of Adj us -tint have the power
to grant such a Variance. This is a jurisdictional question we ave �r$$$i.ng. If the
Board determines that they do have such -power, we would like to -make the presentation
on the Variance, so to speak."
Board of Adjustment Minutes -
October 18, 1965 - �•
Mr. Farrell:, "Mr. Whitmore, do we have the jurisdiction to proceed in this case?"
Mr. Whitmore: "We would have to rely on our ordinance whichspecifically says that this
Board of Adjustment has the right to specifically waive requirements on behalf of a
public utility where it is necessary."
Mr. Farrell: "It is your opinion that the Board of Adjustment does have the power
to hear and act on this case as it stands today?"
Mr. Whitmore: "We would have to rely on our ordinance before the Court."
Mr. Davis: "It is your opinion that if this matter was explained to the Court, it
would be a trial de novo?"
Mr. Whitmore: "That is my opinion."
Mr. Farrell:."In view of this discussion, I would like to have the case, -continue as we
normally hear our Board of Adjustment cases, and as Mr. Hogan or his representative to
come forward."
Mr. Hogan: " Thank you. Gentlemen, the waiver which we request is. -for .the --construction
of an electric distri:bution substation on the access, --road to Lock anti -Dam #7. The
property lies between lands owned by the U. S. Corp of Engineers and lands owned by
the City of Little Rock. The purpose of this substation is to supply electric service
into an area of the City that is expanding electrically rather rapidly. Now in the
selection of a substation site there are a great many factors which have to be taken
into consideration before a final selection of a substation site is made. (1) The
site should be in close proximity to a high voltage transmission line or right-of,way
from an existing transmission line to a proposed site should be available. Of course,
the substation must be close or near to a load center or a place where electric.power
is required. The length of the secondary feeders or low voltage.feeder circuits from
this substation to the load area and to the terminus of existing lines in the load
area are also factors for consideration. Unusual design or construction problems are
another factor, and, of course, cost is a factor. Final site selection is made aftgr
consideration of these major factors to obtain the most satisfactory substation site.
In the selection of the substation site in question here today, the-mal-ar°-ontrolling
factor was the transmission line and if you will permit me I would like to show you a
picture of it. The transmission line that I am speaking of runs from Pinnacle Sub-
station line near Joe T. Robinson School on the highway, and generally follows Highway
No. 10 for a period of time on the north side until we get into the Walton Heights
area where it crosses over the ridges and goes down along the river bank and follows
that on into the old Cantrell.Road area and Rebsamen Park Road, and then into the down-
town area. This as I was'saying is the controlling factor, or one of the controlling
factors for the location of the substation. Now, the necessity for a substation in
this area is because of the location of existing substations to the south and the load
growth north of these stations and I. have ,a little clearer detail on that (Picture
presented). The green area is generally the service area for the City of Little. Rock,
and is served from what we call our West Little Rock substation. -which is located off
of Hughes Street and near the Catholic High School. Another substation which feeds up
into this area is our 8th & Woodrow Street substation located near Lamar Porter Field.
Low voltage in this general area of the northern part of these two service areas have
dictated the necessity of the installation of an additional power supply. The location
Board of Adjustment Minutes -
October 18,19-65 -9-
of the transmission line to begin with is through and across anunde_ve}oped area in the
City of Little Rock. It is our intention to construct addi.ttonal substations in the
area, and one of these is the one in question on Rebsamen Park Road, and the service
area of that substation, after the changes are made, are now outlined in purple. So
that you can see what we have done, lop off the top of the service: area-s1--of two other
substations and establish another one. Now, the reason for this is simply the electric
load. The load growth in this area in 1953 was 11,100 KW. In the -summer of this year
it increased to 15,600 KW, and the projected load growth by our long.-range.-pl,ar ni:�rg
people estimate that in 1967 we will have a load in this area of-20,300 KW. .Tie-he
we are proposing the installation of 30,000 KW substation on -the access roa& t-o Lock
and Dam #7. Now, the selection of this particular site was brought about through
negotiations with property owners in this particular.ar.eao--In contacting -these. -property
owners, we found that the Corp of Engineers was also in this area and were -acquiring
lands from 'the upstream end of Rebsamen Park. Golf Course, and north of the railroad;
that is between the railroad and the river - clear up to Lock and Dam P. In consulta-
tion with them we explained the necessity of a substation in this area to meet ;load
growth. Their first request was that we situate our substation between the railroad and
the access road. We examined this location and found that the property was simply too
narrow; that there just wesn't enough land between the access -road -and the railroad to
place a substation of the capacity that was necessary in this area. So conditions
were examined both upstream and downstream from the property owned by the government
and property owned by the City, and this simply places the substation at a location too
remote from the load centers to be serviced. It extends our f eeder''circuit a -great
distance and it would be an impractical site. The si-te to the south of the railroad,
of course, are well developed and immediately south of..the railroad is too steep and
rocky, and not suitable for development of a substation. Now there are a number of
changes which -we propose to make in this substation in comparison to substations which
are common to all of us which are of the type normally suited for an indu4trial area.
It is our intention instead of having open low voltage ducts to install metal clad
switch gears. In other words all the switching, the bus work, the electic bus work
on the low voltage side will all be part of the latest design of equipment within this
substation. We intend to do landscaping in this area and make it blend in and finish
in to the surrounding area. We understand the proposed uses that will be made.of=;the
adjacent land, and we feel that this substation will fit in properly to -those uses. As
a matter of fact, I have a drawing which I would like to show you. This is a render-
ing of the substation. It is made from a point to the south and east of the location.
It is a height which is approximately i00 feet above -the elevation of the -station. I
think that you can see from this that we intend to comply with our previous statement
that we will do everything possible to blend this station into.the surrounding area.
As a matter of fact we have employed a landscape designer, Robert L. Shaheen,.who
did the landscaping work for the Arkansas Arts Center -and is doing something up around
Heber Springs for others, to assist us with this. Mr. Shaheen has not presented-401.
of his recommendations as yet, but we anticipate having them in the near future and will
look at them and give them every consideration in the hope that.we can carry out.what
his plans might be. There are four towers, and the present. -.type of tower which we'use
is of galvanized steel. There is a new metal on the market. It is another type of
steel which is called.Cor-ten tin which is highly satisfactory for construction. It
does not require any pai.nting'and the oxidation of the steel itself is the preservative
coating of the steel. This is being used rather -Widely and as a matter of fact the
Block Realty Company in their new building used Cor.-ten tin steel in it. We have no
objection to using this and will be happy to do so. Howevor, we wish to consult a
little further with the landscaping designer before we reach a decision on whether to
use the brown colored steel which might tend to blend in with the background -.or whether
to use the aluminum color. Actually, it has been painted as galvanized steel. These
Board of Adjustment Minutes
October .18,1965 -10-
details we are trying to work out as we go with Mr. Shaheen and as the situation
develops down there. You can see from the landscape design of the rendering that
we showed you that we intend not to gravel the surface but to plant it in grass once
construction is finished. Naturally there will be deiveways that will come into the
station and these would be asphalted and in the final coat would roll them with brown
pea gravel in the asphalt surface. The riprap which is around the raised portions of
the property is presently broken stones and is white in color. We intend to treat this
stone with concrete to hold it against washing. The whole purpose of the elevation is
to get the substation site above flood level. On top of the concrete that would be
flushed on to the riprap, we will do one of two things- possibly one of three things.
We will either coat it with brown field stone, or have planting grow down on it, or
if necessary paint it with one of the new vinyl paints to blend into the surrounding
area. Again, we are leaving this up to Mr. Shaheen and what recommendations he might
want to make on the subject.
Gentlemen, I don't think that I would much more than just emphasize the fact that we
have a load growth situation in this area. Let me emphasize to you that with the recent
development which you have -peen here has almost doubled the load requirements in a
four year period and we have been a little bit longer in programming this transmission
line and are somewhat behind schedule, and it is necessary that we make some provision
to provide additional electric service into the Kingwood, Cammack Village area as
well as the Granvdiew and Longfellow area and down Cantrell Road to about the bottom
of the hill there. By this summer,or by the time peak load occurs this summer, which
is generally in June, July or August, our engineering people tell us that this is
absolutely necessary by the peak load period in the summer that we have at least two
circuits in operation out of this station. If you have any questions, I would be
glad to answer them."
Mr. Farrell: "You made one comment in the beginning of your statement about the loca-
tion up or down stream from this proposal."
Mr. Hogan: " I said that from x x x x x x x x x x (inaudible -speaker away from the
microphone) and at the same time get the power supply close enough to the load center
to make it economically safe. x x x x x x x x x, x underground across the highway and
across the access road and this is the present plan provided right-of-ways can be
obtained and feed up into this area by whatever right-of-ways we can obtain. This
right-of-way is not entirely acquired yet. Of course, we will get into existing
utility easements and follow them as we normally do. This is our standard procedure.
One circuit we know will follow the transmission line route west on up stream to a
present circuit which is built to serve construction power in Lock and Dam #7. This
will ride the transmission poles and will come out under the station underground and
then rise up on the transmission structure. I don't want to mislead you into thinking
this will all be underground. Only getting in and out,of the station - to avail e`_Inqss
of conductors- feeding out. This is the primary reason- for- coming undergrourrd"-as--we41 as:
it is a much simpter soluti,on,with-nret-al- clad switch gears. It lends itself to coming
out underground rather than coming out overhead as we do in the open."
Mr. Farrell: "Will the lines to Kingwood, etc. cross the road underground?"
Mr. Hogan: " This is the present plan of our engineers for them -to do this. We do -not
have the necessary right-of-way at the present time to get up against or close to -the
railroad embankment over there to put these lines. Until this is secured, I couldn't
give a definite route of any of the circuits out there except the one that I mentioned
Board of Adjustment Minutes -
October 18;1965 -11-
that will follow the transmission poles, and these are the wooden structures going up-
stream from the station. The station is about at the breaking point between the steel
mono tube poles and the double pole H-frame low -profile structure."
Mr. Farrell: "What about lights on the structure at night?"
Mr. Hogan:"We have given considerable amount of thought to this lighting. Of course, our
procedure is jut to light the substation up with lights° It serves a two -fold purpose:
(1) lighting is -designed to pre'Vent-vandalism (2) it is -there in case of night work -or
where emergency work is necessary to make repairs; or when our personnel is required to
enter the station for one reason or another - even for routine switching. These lights
are normally controlled by photoelectric cells. We have given some consideration to this
and we plan to use a very limited amount of light -enough to be able-to'see our way
around in the station and to -discourage -vandalism from someone climbing the fence. The
remainder of the lights would-be on a manual switch, and, of course, it would not be
on unless someone was in there to perform necessary work in the station at night. When
they left, of course, they would be switched off again."
Mr. Farrell: "What about the noise level?"
Mr. Hogan: "Let me answer it this way. I have been up the hill from there. I noticed
that an automobile passing by down there can hardly be heard:- You can hear trucks very
plainly, but automobiles are -not particularly noticeable. An -automobile will drown out
sound made by a transformer. The noise level of those transformers is extremely low.
I can't call -it in decimals -or from an engineering viewpoint. I don't believe you would
hear it and aside from that there is no other noise. The station is'entirely unattended.
Nobody is there at any time except to check maintenance of a routine nature,'or'might be
there to perform whatever switching might be required from time to time. These are
occasional uses. It is inspected on a weekly basis by one man and one pickup truck,
and that is about it."
Mr. Kuehnert: "What is going to happen if you don't have additional power in this area
for the peak summer load?"
Mr. Hogan: "There are a number of things that might happen, Mr. Kuehnert - (1) we would
be in a badly overloaded condition at other locations as well as this one which might
result in some abnormal voltage condition in the neighborhood in this particular area.
Certainly it would be more prone to -electric service -interruption from time to time
because of -the overloading condition than it would be if we were able to maintain an
adequate -supply -in the -:area. I think these are primarily the best answers -that I'can
give you, Mr. Kuehnert, I can't tell you very definitely that this would happen and this
wouldn't. I am not prepared to do that at this time. Let me say that it would create
an operating problem for us and,I think would probably work some hardship on our customers
especially from the standpoint of interruption of service."
Mr. Henderson: "I am De Matt Henderson ,'28 Scenic Drive. I think he (Mr. Hogan) was in
my yard when he made this picture, but it doesn't -look like that now. I wonder what
it is going to look like when the leaves are off. We are approcahing that time of the
year now. I don't want to be facetious, but you can paint an -elephant a lot .of colors,
but you can't hide him in a hotel room, and that is what this substation is going to do.
I don't Oppose the location primarily from an aesthetic point of view, although I think
it is common knowledge that people who moved out there on these ridges overlooking the
Board of Adjustment Minutes -
October 18 1965 -12-
river paid premium prices for the property in order to have a beautiful view. To me the
thing is simply bad city planning to locate a light industrial - at least- area of
slightly more than 21-2 acres in an otherwise residential area: Now, the U. S. Government
has spent worlds of money to make the river navigable, and in conjunction with -that to
develop a recreational and park -area for -the City of Little Rock. From Rebsamen Park
Golf Course clear to Lock-and'Dam #7 is going to -be a recreation and public launching
area. It is being developed with the cooperation, I understand, of the City and
certainly through the cooperation of the-U. S. Government, and to put a spot heavy
industrial facility in an -otherwise park area seems to me to be just not good city
planning: Now, Mr. Hogan, will be glad to know that I am a total -electric homeowner.
I have airconditioning which is electric. I know that they have a problem of creating
additional power loads into this area. However, it seems to me that with the wonderful
technical -advances that are being made they could certainly locate this feeder at some
other place, and as far as the imminence of approaching summer necessity is concerned,
this facility has been under construction, and there has been an awful lot of work being
done down there for 10 months, I believe, and only now is the application being made to
this Board. It would seem to me far more feasible had the application been sooner filed.
They knew that ultimately they would have to go before this Board, and the propertime to
have applied for it would have been without the pressure of summer demands - to have made
application at the time they bought their property and before they spent any money on it.
The flood level of-the'Arkansas River is no longer a factor. The engineers have eliminated
floods. - There -is going -to be a very, stable river between Lod<and Dam Site #7. The water
level can -be -predicted with absolute certainly, and to raise this structure and build an
artifical 20 foot Rlotform* and wtop- of that construct these tall towers, it seems to
me to be 'Irubb.ing salt in the wound".. It warsn't necessary to get it that high to prevent
it frgn'flooding if the ?engineers know what they are doing and spending their money on the
river stabilization program. The power line, Mr. Hogan says, follows the river. If that
be tr4e I cannot for the life of me see why this station couldn't have been located on the
river side where it could certainly be far less offensive than in its present location.
I Onit know, but Mr.. -Hogan very candidly stated that the -engineers prefer the location down
under -the bluff on the railroad. Now perhaps it is true as Mr. Hogan said. I have no
doubt that he is 100% accurate. It would have been a little more difficult for them.
The power company gets a 6% guaranteed return on every dollar they invest in this sub-
station. We are all going to pay for it in an electrical way. They are going to make a
profit on it. As soon as they put this money in it goes into their rate basis and
will earn 6% on it from now on. If it did cost a little more money to relocate this
suostation, it would not be any burden on the power company, because whether the construct-
ion of the'station costs them $50,000. or $100,000. it is just that much more that they
are entitled to earn. So there is no need to locate it in the most economical location
if that location also is the one where you completo-ly get away from sound city planning
by ,converting an otherwise public area - an area that is being developed for a public
usp,-.-to put an industrial facility in there.
Now,- I am disappointed that they donit know where these four f ee&out lines are going.
That, of course, is another very definite concern to the property owners in this vicinity
This pretty pastoral valley is going to be marred and scarred with this additional large
facility undisguised, then it,is going to be an improper action. Congress just last
weak passed a highway beautification plan, and there are open areas in the City of Little
Rook jhat are taking advantage of Federal grants for the development of green areas, and
opgn.areas. You have no idea unless you live in this area how many people on Sunday
afternoon drive down,.get out of their cars, and stop and look, and come in and get a
drink pf water sometimes. It is -an area that is being developed for purposes in the
future and shouldIt have an industrial facility out in the middle of it. It is common
Board of Adjustment Minutes
October 18,1965.
knowledge that to locate a substation here violates the fundamentals of planning
that you don°t put a spot industry in an otherwise park area."
Mr. Davis.- "Mr. Henderson made a very effective presentation for the property owners.
There is other testimony that we have prepared.and would like to present at this time.
First, if it is agreeable, we would like.to show you some slides of the area. Would
like to have the lights turned out please. (Color slides were presented and filed as
an exhibit for the record.
This is an example of it. On a summer evening as the sun is setting over Pinnacle
Mountain to the west, this happens to be a view from my deck at 41 Scenic Drive. You
will notice the beginning of the rightmof=way cutting in the -foreground. You can just
see the original dirt loads. That was .the fill m they filled in about 3 or 4 feet or
maybe 6 to 8 feet of fill. Later on the power company came in with saws and workmen
and cut and decimated 22 acres or 3 of beautiful trees that had taken years to grow,
and they did this right under the property owners' noses. Mr. Hogan, in a personal
interview with me some weeks ago indicated that the power company did not consider the
views of the property owners because they, didn't think they had to m they were not
within 140 feet. I would like for you to look at these scenes with this question in
mind. Should they have considered us in this planning event begun many years ago?
This is a view from Mr. Turner's house. He is the first house on Scenic Drive that can
see the site. You can catch the corner of it. There is another house prior to this
house m I didn't get a picture from it m Mr. Peterson's. This was taken from the living
room of Dr. Lane's house out through and over his deck through a screened in window
overlooking the area. This is the center point of two vacant lots between Dr. Lane's
house -and -Mr. 1Fulk's house. They are in process.of being -developed m as a matter,of
fact -one -of them is on -the market -for sale by Block Realty Company. This picture was
taken from Mr. Fulk"s living room. It was tOkien prior to the week that they spent
week of October 3rd m when they worked around the clock m certainly from very early
in the morning pouring riprap down the sides o.f th:.i s embankment. Thi. s was- dpne the
week of the 3rd. It started on Tuesday morning. I had an interview with Mr. Ritchie
and asked him what was going on on the Monday before. Despite our objections, tons
of riprap were poured on this location.
The picture was taken on a rainy evening last week from my living room, looking out
over my deck. You will notice the power poles.
This picture is from Mr. White's deck on East Palisades Drive. Again it was on a rainy
afternoon. They had not completed the riprap m only the first couple of loads there on
the near side.
This picture was taken from Judge Smith's house. I beg your pardon m the last one was
from Mr. Wite's house. This picture was from Judge Smith's house.
I believe this picture was taken from Dr. Padberg's lower ramp around the first level
of his house. He wasn't home when I took this picture and so I wasn't able to go up
and into the room which was about 8 to 10 feet.above this and would be looking directly
down on this site, completely unencumbered. OU course, you realize that in a very few
days the trees will be bare. This view was taken from the rear of Dr. Padberg's house
looking east. You will see there the old Big Rock Quarry, the golf course - the
Board of Adjustment Minutes
October 18 1 65 m14o
tremendous rightmofrway that was cut by the power company alongside of the Lock _and Dam
access road. Mr. Henderson, very very appropriately asked the question of the city
planners ® why this power.l.ine and roadway was not placed outside of the existing tree
line along the existing road (Rebsamen Park' Roads where a sight and sound barrier would
have been present for each of the landowners above. I will assure you that each tree.
that fell down there was heard by each of the residents and the voices of the men cutting
them, the power saws awakened the neighbors, and you noticed the humor that was provoked
by Mr. Hogan's remark about the noise out there. We currently have a problem every night.
I was speaking with Dr. Padberg on the 'phone and our conversation was interrupted by
a car going by at a high rate of speed. You will -notice that the power poles are in
themselves extremely unattractive.
This scene is from Mr. Withrow°s patio. You will notice the lines in this picture.
There were not pgt-on this rendering. They did not draw in the heavy high=tension
uninsulated 115,000 KW line.
This picture was taken from Mr. Henderson°s living room, through a plateglass window
over a wide patio area and as you will see presently the trees hide most of the view,
but it is still very clearly evident, and when the trees lose their leaves, it will be
even more clearly evident.
This view, I believe is from Mr. Winburn°s deck. It is next to Mr. Withrow. I don_ot
need to tell you that this picture was taken last summer before this project began. This
was what brought us to this scenic location. This is what was:destroyed, we thought,
in the effort to make the Arkansas River navtgable� It seems that we were all willing
to acquiesce to the development'of the Lock and Dam road, a�-:d no o-me complained until
we only recently found that the ,acres of cart lard was going to be cleared and used
for industrial purposes. Gentlemen, this is what it was 17ke. We would like and beg
you to help us attempt -to restore it, or at least as much as you possibly can, by deny-
ing this Variance. Mr. Kuehnert, who is a member of this Board, is a legal officer for
the Corp of Engineers. I have consultedwith him. As a mattar of fact, Colonel Bain
was -orr my deck last Fri day week looking at this -section. He did' not assure me, ,but .hold
me that he would recommend that if you denied this Variance and this action was not
pe mitted, the engineers would, or he would recgmmend to the Corp of Enginoers'that it
reincorporate this piece of ground into a public use area and beautify it for recreation-
al uses.
At this point, I think it would be appropriate to have some testimony from the various
land owners, with the consent of the Board. I particularly have in mind Mrs. John Almand
Gentlemen, this is Mrs. John Almand whose husband developed this very beautiful area of
last Palisades. Her son still owns one of the lots which overlooks this project and I
think she would possibly like to tell you a little bit about her personal feelings about
this project, and what happened in the negotiations with the Corp of Engineers and the '
Arkansas Power & Light Company when ske was encouraged to sell a portion of the 3'Z acre
tract to the power company."
Mrs A-lmands 11I dealt withthe men myself because my husband had a stroke and I didn't
want to bother him. We owned the particular plot on the river which was the land --on
which they were going to put this thing. I wanted to find out all I could about it
and didn't know whether I had to do.something or whether I might do something about
it, and I tried to find out about it. I am sure they felt that I was the most diffi-
cult lady they ever worked with because I held out an awfully long time. I wanted to
know what I was doing, especially since I was taking the responsibility for my husband
and our son who is in the Air Force and is a long way off. I asked then what they were
Board of Adjustment Minutes -
October 18,_1965 e 15-
going.to-do and if I had to sell -it. I was toid.that I_would have to se'l it; it was
for the 11.S.Government and that the Arkansas Power & Light Company had eminent domain;
that I had no choice in the long run but to gi,,, it up. We talked about price, of course,
and we weren't happy about that. I was -told that if there had been, an increase in value
of the proPerty that it was such a slight one that it was negligible. We talked about it
and when the case was open it was considered a lovely location = Palisades and Sunset
Drive, and all up the river, -and that was why we wanted the land o why'we developed.it,
and why everybody built there. --Everybody whose house is on the river side cherishes it
because they think it is lovely. On a summer evening there is nothing more -lovely. I
have been on the -Hudson and traveled all over the United States, and I believe Little
Rock can be awfully proud of that part of the City9 and every Sunday and holiday you
would be amazed at the number of cars that came down there m the lots that are vacant,
2 or 3 on the riverside - how many people get out of cars all day long and walk out there
and look at the view. It'is lovely. I asked them about what they were going to do. I
was very much worried about it. I didn°t-want to do anything I didn't have to do. I
realize that a corporation has to serve the City, and they also had -a problem, and I
wanted -to be reasonable, but I wanted to see what was reasonable - what was necessary
and what I had -to do. I said -my impression of a transformer is a great big metal, very
homely thing -that is necessary some place; but it is a very unsightly thing o and if you
look down on the beautiful valley you see the most lovely sunsets v the most lovely view
up the river toward Pinnacle e from every room of the house and even in -the ravine behind
us is so lovely. It has all been so secret. It has all,been so quiet. We couldn't learn
what was going on. When I asked the man who came to buy the property about -this, he said
that there would be -only one tower which would not be very large = moderate size, and
that was--al-1 that would be down there. I took every precaution in the world and did
everything I could to prevent cooperating on something that would be unsightly. None of
us knew the facts m it has all been so secret when we tried to:f ind out anything we
could. I went -.to my neighbors who were business men of the City. I contacted three
families because I was the first person they came to, evidently -because it was my land
down there that they wanted, and so when I asked them about it to see if they•womld
cooperate -and see what it was all about and see if there was any way we could protect
ourselves. We couldn't find out anything and didn't know anything until later. I am very
much opposed to the installation. if they could put it some place that was more industrial
or more appropriate, but they are scarring and ruining one of the lovely sites of the city.
It, would depreciate the value of our property; it would be an ugly sound, and be something
that will break my husband°s heart *en he knows it, because he opened the whole East
Palisades Subdivision, and he doesn't even know about it. I haven't told him. I didn't
want to make him that unhappy because he has had a stroke.81
Mr. Davis: "This is Dr. Frank Padberg. He lives at 33 E. Palisades Drive."
Dr. Padberg., "I am Dr. Frank Padberg and I live at 33 E. Palisades Drive. We live at
the end of the turnaround of East Palisades, and I think you saw the pictures that were
taken there. We are actually immediately above. The picture that was taken was from
our deck and you can see this structure actually out of our living room window, can see
it from the deck, and particularly we can see itfrom our upstairs bedroom, all of which
are completely windows -on that -side. It is interesting to me that Little Rock is a
lovely place and we like Little Rock very much, but there is one thing -,we have felt
that there are a lot of things that Little Rock doesn't have that perhaps a lot of other
cities do, but the one thing it does have is a veiw, and this was the ppint. In 1956
when we bought our lot --hardly able to pay for it actually o and then after a few
years we -finally -completed a house in 1961. This then is the site that we have been
interested in for many years, and I think it is -,very interesting that some 9 months ago
Mrs. Almand made some contact with Mro White, and Mr. White made some contacts with me,
Board of Adjustment Minutes -
October 18 1965 016-
and he said 'do you know. what is going on d-m n there- Mrs. Armand is c;vieerned about it.°
And I said 'No, I don't know what is going or.,, and he said sc.thing ahr,�jt the fact '.that
they were going to put a power line ,down below. So I called one of the officials of the
Arkansas -Power & Light Company and I asked him. I said 'what is going on down in the
valley down below us?' He assured me at the time that what was going on was a power line.
On that -occasions I called Bruce Menees. I was then gone at the time of ,the clearing,
and when -I came back and found out this summer that here was a structure that had been
elevated m (we all knew- we all saw the trees going drawn= we knew this - it has been
brought out before)- and then there was another area of clearing. This was a square
area of clearing bey-on.0 the -area of the road, and this aroused a little more attention,
and then I had a comment- from- Mr. Davis and he told us that this -was what was -going on,,
and me, right up on top of it, I became quite interested after we -found out. Particularly
since this structure will have a light all night long. This is going to be interesting.
Interestingly enough a a l so, I was invited out to lunch by a couple of officials of the,
Arkansas Power-& Light,Company to ease my pain, -I-am sure ® and they did ,hunger pains.
I offered them to -buy my house if they wanted -it. I feel very strongly about it because
we are• -appealing to,the•aesthetic•sense. This is the reason and the only reason we -,are
there. If-ligMts are -going to be on that area all night longs this is another reason I
would like to sii.l it. -The main-thiang-I would like to point out is this. The two,
officials of the Arkansas Power & Light Company that had lunch with me offered me a
landscape artist to fix my area after they had done what they had d®ane.0°
Mr. White- "I am W.J. Whited 26 E. Palisades. This structure -is right down below ,me and
it was my -.understanding that th#_t was all to be a park area, and we all saw the work
that was going on down there, bait no one knew what it wasa We thought the government was
doing some work down there and when we found out what was going on we were all very
much upset. The reasons we bought are the same as Dr. Padberg°so We bought out there
for the view of it, and then when we found out that the government was going in there,
several of us were going to buy that up so we could keep it as it was. -We have all
talked to Mrs. Almand several times. They assured us that they would do-nothing',that
would-be a blight on that community, but I think possibly most of you have been out,
there and -driven -through Palisades that this would definitely be a blight, and myrwife
is -very much upset, and so am I. One thing sure- if we had known what was going.Ion
ant --figured some industrial gusiness was going in there, we would have done'what we
could to try to protect our interest."
Mr. Vinson: "I am Finley Vinson. I bought a lot'a few years ago, east -of Mr. White,
and two doors west of Dr. Padberg. This property was priced as you know based on the
view. I have been paying $225. a syear taxes on a vacant lot sitting right up on top
of this thing. That gives you a rough idea of the value of the property. This will
substantially reduce the value of our property. It will damage residents who had no
way to know that an industrial district was going in below us. I am amazed that my
good friends in the Arkansas Power & Light Comparry are beginning construction of an
industrial use in the middle of an 0°All-District, and carrying it this far before going
through proper channels -to get any change in zoning. I feel that the great resourceful-
ness of that company, and the great response it has had in public opinion, it would be
very simple for them to re -align if necessary, and lodate,this upstream at the Lock and
Dam which would be a part of another structure or move it down into areas which are
already light industrial in use. Or move it around the bend to ether industrial areas
or up the river. Certainly they would have to realign their area, but it is bad
planning, bad business on the power company's part to do this without going through pj-pn-
ning-channels. I have been in the planning business for about 4 years as a layman, and
this just isn°t done. This is bad planning. It just won't stand up in the city planning
field, and I am very much opposed to it from a planning standpoint, aesthetic standpoint,
Board of Adjustment Minutes®
October 18,1965 e17,
and from the standpoint of the depreciation of property values in one of the best resi-
dential areas we have. Thank you."
Mr. Davis: 01To avoid repetition, I would like to call on other oeople who are here to
please stand and -give your name and.address., Mr. Julian Alexander, 24 E. Palisades
Drive; Gus Fulk.s 41 Scenic: poulevard., Mrs. de Matt.Henderson, 28.Scenic, Drive; Wassel l
Turner, 36-Scenic:Drive; Mr. Lloyd H. Engieby, , 40 Scenic Drive; Jeff Davis, 41
Scenic Drive; Nevil Withrow; 26-Scenic Po-int� who is particularly interested and
effected. He owns the vacant property between.my:house and his -and Bois son Gene Withrow,
owns the property immediately to -the west of -mine now vacant but upon which he has plans
for the construction -of a -house-. Let me ask you this Gene, °Bls-there any architect who
can utilize your -property for any high class residential use in your judgment?" (Reply
not audible on tape).
Mr. Henderson: "I am presently engaged in a�project in -an attempt -to make -an addition to
my house. The only -way it can be made is out to -the east. I have had Wiley Jones, Land-
scape Architect from Memphis over, and he cried. He was just certain there is nothing
we can do m 'you are just -beat ® you just can't do it', he said. Wiley Jones is an
ingenuous man -and no matter what they do down there, they are not going to be able to
disguise that-industrial-acar in that open green 'area and that area, gentlemen,ought
to be cily-property which-shoul,d be harmoniously used -with the• rest•of the river -develop-
ment, and'I am -certain that the -Arkansas Power & Light Company, with all of its mohey
and all -of -its experts, -can' -put this -,station somewhere it won't be quite so off ensivol,some
place, ,so the- City- of -tittle Rock will hava- left to it this pretty;, nice area along this
newly developed river bank. They can do it. It is just that it might be a little -more
expensive, and if it is more expensive, we are going to pay for it."
Mr. Davis: "This is Mr. George 1:. Ellefson, Jr., an electrical engineer, hired by the
objectors, and I would like to have him say a few words about the technical electrical
aspects of this for the record."
Mr. 'Ellefson: "I am George Ellefson, 406 Fausett Plaza Building, Little Rock. My state-
ments will have to be brief, for my resources are very limited. One thing that occurs
to us as a matter of curiosity, that there has to be quite a bit of overhead clearance
for this 115,000 KW entry into this yard. So I was wondering why the additional expense
of bringing the 800 volt circuits back out underground. It seems to me this would be
just one more set of lines strung out there in front of everybody. It seems to me that
this is a secondary attempt. I doubt if this station was ever designed for metal clad
switch gear in this area because the only other -yard that I know of that Arkansas Power
and Light Company operates in this manner is the Garlipnd Street substation adjacent to
this building. Someone asked if I could quote noise-iievel of this station, but I don't
know, but I would make a comment about the same type of installation as'is adjacent to
this -building, and you could measure with your own eardrum by steppi g out in the parking
lot. However, I am sure that this particular transformer is not as large as some of those
next door, but it is a noise producer of some fixed magnitude."
Mr. Farrell: �"I would like to ask one question. You have evidently studied this problem
on behalf of the property owners. In your opinion,as an electrical engineer, could this
transformer bank be relocated and still serve the purple area in question?"
Mr. (Ellefson: ""I got the impression that the site was originally selected because of
the least possible extension of the four existing circuits. Now this would indicate to
me that there is- some plan to extend these four circuits in some manner. One certainly
would back -feed down the steel structure down the river road. It would seem to me that
Board of A• _:
October 18, ,.
except for the line ,length of these individual feeders, the thing could be located any-
where up or down the river front because the primary extension of it - that is, the
longest physical length, is southward and not east and west, so to speak.
So suppose, for instance, that they had moved to the east, they would reduce the,physioal
length necessary to serve the heavy dense toad area at the base of Cantrell Road and
at the same time would extend those feeders necessary to serve som6thing like - say
Mississippi and Cantrell area, but nevertheless what you drop in one circuit you will
obviously pick up some credit in the other."
Mr. Farrell: "If the station were located at either the'west or east extrer�;ity -
suppose it -was located to the west extremity this would not play any havoc on existing
or future installation on the east extremity?'
r
Mr.,Ellefson: "Well, I could not be'p9sitive as I don't have access to their information.
From a circuit standpoint, this is just an observation, it would not make an awful lot
of difference -up and down that road where the thing was. It might mean a few thousand
dollars additional on one feeder, but the other feeder going into the other direction'
should be materially -reduced, somewhat. So the location up or down this road is not
particularly significant."
Mr. Farrell: "Again, asking the same type of question, in your opinion would this have
any bearing on existing installation that they plan to bolster, so to speak, with this
additional power if it -were located remotely to the east or to the west?"
Mr. Ellefson: " I think it would have some problem in access part'of it because of the
precipitance of going down from the part of the long growth -area on top of this ridge
line°and somehow crawl -over -the side and cut right-of=way down the section of this
mountain side into the substation, so if you go west in the more precipitous area
construction would become more expensive. 'Construction equipment would have to crawl
up and down this mountain to set poles and line crews are similarly hcvpered. If you
move -further to the east, the land flattens, and the construction would seem to me to
be somewhat less difficult -- a topographical problem rather than an electrical problem.
We are only talking about a f$w thousand yards, perhaps. It is not like running the thi-ng
5 or 6 or,15mi.The land use is not that extreme. By moving 5 or 6 thousand yards the
situation would probibly be somewhat different."
Mr. Farrell: "Then the summary of my question - in yogr opinion the location either to the
west or to the east is purely topographic structural problem rather than an electrical
problem?"
Mr. Ellefson: "I would think so, yes."
Mr. Davis t "Isn't it true that you attended a conference at the expense of the
electric light and power companies where they displayed -exterior plans by other companies
to disguise such installations and to make them less objectionable?"
Mr. Ellefson: "Yes, it is true. There were some very rlice shots of substations. In one
case; I don't know which utility company it was - - - but they actually builf a substation
in a home - looks like a house— like others up and down the street. Nevertheless this
is the extent to which some of them have gone. Some of them built in the middle of a
park. They naturally designed a municipal access park all around so that when you gazed,
at the property you got a revealing of sculptured statuary, growing things, and finally
Board of rdjustment Minutes -
October 1811965 -19-
when you fought your way through the undergrowth, there was the little transformer area."
Mr. Farrell: "Going back to my original questipn - you said only one at the present time
is to be underground. Is this correct?"
Mr. Hogoh: - - - - - -(reply not audible on tape)
Mr. Davis: "I would like to point out some of the things that Mr. Hogan didn't mention
in his presentation. He didn't mention when he acquired the property, but I think he got
it from Mrs. Almand at least some 9 to 12 months ago. He didn't tell us' -what -the cost
was. Of course, we know what the zoning clas-sification-was - it was zoned "A". 'He told
of no public notice of this impending action. We still -have very little idea what their
plans -are. -He didn't -tell us who did it-- who. -acquired the property - he didn't tell us
what- other -owners were contacted in search of - other -property. He did admit -that the
landscaping thought came up much later.- I,believe-Mr. iEllefson has pointed out that
electrical engineering-factors•are'very flexible and it occurs to me by looking at the
plot that the growth is aoina to ao'either at the east or west end.
We will -admit that Arkansas Power & Light Company has hired capable landscape artists,
but the important thingsthey omitted.- They don't admit trees cut down, rightmofmways,
for overhead lines that are going to -be going up the draw -behind the Almands. They have
to go in some place. He told me that there were going to be four locations -for the
towers- three of which -are -in the Heights- at• the Heights Theater, one at Smith's Drug
Store at -Cantrell and Taylor Streets, one at McKinley Street, and one down on Highway,
No."lO-and Mississippi. With that may tie-ins with such a wide variety of locations, it
appears that this location was one of purely; monetary standpoint - the cheapest from
their standpoint - without any consideration for the land owners.
In closing, I would like to ask that the photographs be placed in the record as part of
our.evideuce together with the statement made by Pruce Menees, Director of Communica-
tions and Informational Services, Arkansas Power & Light Company at the Governors'
Conference on Natural Beauty which occyrred about two weeks ago. While this was going
on, -Mr. Menees was saying such as this: "In the early years of development, the electrical
industry was preoccupied, as were most other businessmen at the time, with the hard
problems of economics and technical development. In those early days, electric service
was in the category of a luxury. And the miracle was that it could be produced and
distributed at all. In those early years of American industrial development, most of
its people were concerned primarily with the basic problems of making a living. Working
hours were long and leisure hours were few. Under such conditions, there was little time
or consideration given to the matter of aesthetics. Our nation has now emerged as an
opulent society. An-d when people become less preoccupied with the matter'of providing
for the necessities of life and find themselves with more free time, it is only natural
that their attention should turn more to the consideration of aesthetic values. This
is the situation in which we find ourselves today. We in the,electric utility industry
for a number of years now have been taking an appraising look at the appearance of our
facilities. A tremendous ari'ount of planning, research and product development has taken
place in recent years, with the result that we are now beginning to -see many residential
distritrution-systems-placed underground at increased costs which are considered to be
reasonable. We will have a responsibility to bring to our customers the'highest quality.
service at the losest possible rates consistent with sound business judgment and economics.'
In other words, he was making a five page address to people interested in -the beautifica-
tion telling the citizens -at -large and others of the public attending this meeting
Board of Adjustment Minutes -
October 18,1965 -2O.
what they are doing about beautification, and when Dr. Padberg asked him 9 months ago what
was going in down there, he didn't even know. While these folks, I am sure, are in good
faith, I think we are going to have to rely on you gentlemen and your sense of fairness
and sense of right and wrong in our efforts to secure a solution tp a problem that is
very large and very important to the landowners, not only from a financial standpoint,
from a standpoint of beauty, but a standpoint of noise. We respectfully request that
you give us your very deep and considered judgment on this, and I know that our purpose
will be -properly acquitted. We thank you for your kind attention, and giving us so much
of your valuable time."
Mr. Farrell: "I want to make one comment. This is not an easy thing to solve. I know
that part of -the problem -of the increased electric load is due to the fact that the two
areas- Cammack pillage and Kingwood - at the time of construction was not as electrically
conscious as they are today. There have -been numbers and numbers of -pieces of-airm
conditioning equipment to go in, washers and driers have come into play. In other words,
the electrical -demand today is not what it was 15 years ago e Again regardless of where
this -transformer -bank is -located, in all probability it will be odjacent to somebody's
residential development. If it is not in this location, it perhaps will be near the
Candlewood area or back in the back part of Robipwood-e so the problem is city-wide,
and -.I think you -people :are also- aware that we are not- tryi-rr-g to weig#r one area---ash.ainst
-another. I think the thing -s important to -the -entire City of Li tti-e,-Rock.
I would like to make a statement that this Board is a very conscientous Board. There
have been perhaps some comments made about City Boards, and the way things have been
going at City Hall. This Board is a very unbiased Board. Regardless of the situation,
and regardless of the opinion handed down today, it will be handed down as fairly as
this Board can.see fit to do so. I thank everyone for perhaps holding his temper and
not jumping off half-cocked. Roy, do you have any closing comments at this t0me?01
Mr. Hogon:10(1) Much comment has been made about this being an industrial installation.
We are not manufacturing anything there. We are simply changing the voltage level of
one of the most highly refined, the most highly refined energy, that there is
(inaudible) machinery down there that operates. (2) the second thing that
I have to take objection to is the guaranteed return portion of our business. Let me
put it this way. The regulatory authorities allow us to earn a certain return on the
investment if we are able to do it. I have been withthe Arkansas Power & Light Company
since I got out of school - 15 years - and we have yet to make our 6% since I have been
with the Company. (3) Secrecy is another thing that Mr. Davis has been mentioning.
Gentlemen, as Dr. Padberg said, we sought him out. We did., Mr. Davis is the only
person to my knowledge that had any contact with us. We have somebody on duty 24 hours
a day and 365 days of the year, and sooner -or later, I believe that any inquiry that
anybody would make would have gotten to me. Until the day Mr. Davis and Mr. Withrow
came in, we had no contact with him, and to my knowledge have had none since. I.believe
that in my particular job with the Company, I would have been aware of any inquiry,
(3) Construction work on the line has been going on some 10 months. Site work on the
substation - I don't have the exact date site work did begin, but I know it was no
earlier than August. Construction work on the line has been going on for some period
of time.
The last time I was here, you wanted to know what we were 'doing and I had no pictures
to show -what it would look like. I didn't -have anything with me but a plot plan and
this time I wanted to have something to show."
Mr. F.Wms. o "The question was raised about the elevation of the platform, and I ask
this question of you."
Board of Adjustment Minutes- m 21
October 18,1965
Mr. Hogan: "The only control of flooding, as we understand it on the Arkansas River
is in Okalhoma. The Dardanell,e Dam and the Lock and Dam up the Arkansas River do not
provide any flood prevention to our knowledge. This is the information that our
transmission folks have acquired brom the Corp of Engineers* They also acquired the
high water levels at which we should set the elevation of this substation site.
This is the information fromthe Corp of Engineers. This is the purpose of the rip -
rap m- in the event of high water to prevent undercutting of fills and the losing
of the station.01
Mr. Farrell: 11Roy, this 20 feet that you gave us about the existing grade - how did it
compare with the flood level, or projected flood level211
Mr, Hogan: "This'would be between 12 inches and 24 inches above flood level. I am
not actually certain which it is. It is between 12 inches and 24 inches above flood
level .11 '
Mr. Finley Williams: "I have one question about the length of this, (purple)area. Mr.
Ellefson mentioned that some 15,000 yards be the width distribution of these lines
from the station. What is the overall width of the (purple) area shown on the sketch®
length of it? I realize that at that scale you might be able to approximate what the
distance was."
Mr. Hogan: "The Scale indicates 2 miles, east and west as the width of the purple
area m almost exact from the section line to ® m m -(not audible)
Mr. Williams: "That is about 3000 yards."
Mr. Hogan! "The extension of these lines- 2 factors come into play on length mm when
you start carrying -an electric load for a distance two factors enter in. Primarily
one is volt drop - m how much load can you carry at a reasonable volt drop for the
distance you have to carry it at the voltage level you wish to maintain. This in
turn determines the size of the conductor ® and, true, I'think you could probably
put enough conductors in the air to haul the amount of power we have to haul a
considerable distance more than is involved here, but the conductor sizes or the
number of conductors just wouldn't lend itself to the area into which we are trying
to put this distribution system or this additional -feed -into. We have far too many
conductors and far too large a size to enter into sometning like this."
A motion was made to deny the application. All members of the Board voted °ryes" to
the motion except Mr. Kuehnert who voted "INo11. The motion was passed.
Tract No. 7 - Z-1902
Applicant: G. E. Jernigan
Location: 7620 Cantrell Road
Description: Part of Lots 6, 7, 8 of Block 2, Believue
Addition lying northof Cantrell Road (Hy.#10)
Classification: 11F11-Commercial District
Variance: Requests a Variance from all applicable provi-
sions of Section 43-14 of Code of Or.di,aa cas
to permit construction in required yard space.
(continued)
Board of Adjustment Minutes -
October 18, 1965 -22m
Mr. John Bullock, who has leased the property from the petitioner, was present, and
stated that due to the size and shape of the lot, Variances for yard space were
requested. The building will house a Kentucky Fried Chicken take-home operation,
with no outside car service or eating area.
Mr. Bullock said that the building would be on the east side of Lot 6 right on the
property -line. He was asked if this operation would be like the one he operates at
5110 West Markham Street, to which he replied in the affirmative. He was questioned
about garbage collection and disposal, and he said that he had had some problems at
the Markham Street location at first, but that he had no complaints from neighbors
lately. He stated that there was plenty of room in the kitten area for garbage
storage to be inside the building until it was picked up, an that he w:::uld comply with
all City"s requirements in this regard. Mr. Kuehnert reminded Mr. Bullock that a
provision of City approval of the operation at 5110 West Markham Street concerned the
construction of curb, gutter, and sidewalk at that location which had not been complied
with. Mr. Bullock stated that it was neglect on his part but that he would see that
these provisions were complied with in a week; that he has the property being considered
here leased from Mr. Jernigan and he needs permission from the Board so that the project
may be completed.
Mr. W. F. Steinkamp, who owns the property to the east, was present and objected very
strenaiously to the granting of the requested Variances. He said that he had plans for
a very attractive development on his property, and the Variances requested would not
lend itself to the development that he -is planning. His contention is that on the
highway side of this property there will be a widening continuous to Mississippi and
that an already bad traffic problem will be increased if this type of operation is
located there. He said that there are five owners of oroperty in this little triangle
property m the Esso Company on the corner, to the east where Mississippi and Cantrell
intersect m next to that to the northis a small piece owned by Mark Block, adjacent to
that piece of property is one owned by a lady who has a beauty parlor operation in
her home, and my property on the west which extends all the way over to this little
triangle concerning which the Variances are being requested.
Mr. Bullock said that Mr. Steinkamp possibly had not seen the plans for th,e proposed
building to be constructed, which he thinks are attractive and will enhance the value
of Mr. Steinkamp"s furniture store. If he has to abide by the City"s code for yard
space requirements, the property would not be big enough for any kind of business.
He stated that this is an attractive layout and that parking is adequate with six
parking spaces; there will be no backing into the street; there are two back drive-
ways of 40 feet and 20 feet which would not interfere with traffic in any way. This
is an in and out business - a take-home operation with no outside eating area, and
thinks his operation would be an advantage to Mr. Steinkamp rather than a disadvantage.
Mr. Steinkamp objected to. the building being placed on the property line and that this
would detract from his property. He stated that his property is the only piece directly
involved with this and for that reason there are no other objectors.
A► motion was made for approval of the application provided curb, gutter, sidewalks and
inner curb are constructed on Highway No. 10 and "T" Street according to plans approved
by the Staff; and further provided that the building permit on this piece of ,property
not be issued until the reauired sidewalks, curb and driveways are provided at 5110
West Markham Street accordi�g to a plan approved by -the Staff; that upon completion pf
the Markham Street site improvements that a building permit be issued for site improve-
ments at Highway #10 and "T" Street location, upon completio* of which a permit will be
issued for the building proper. The motion was seconded and passed unanimously.
Board of Adjustment Minutes -
October 18s1965o
Tract No. 8 o Z-1895
Applicants
Locations
Descriptions
Classifications
Variances
m23-
Arkansas Power & Light Company
12400 Block of Highway #10
Long Legal
"A""®One4ami ly District
Requests a Variance from the Use Provisions
of Section 43=3 of Code of -Ordinances to
permit location of public utility in residential
zone
Mr. Roy Hogan, of the Arkansas Power & Light Company, was present to represent this
application. He stated that this substation site is located on the Walton Heights
Subdivision property on Highway No. 10 about one-half mile from the entrance to this
subdivision property, and considerable amount of right-of-way for the transmission
circuits has been acquired, all being done with the owners" knowledge and permission.
Plans for this construction are indefinite at this time as it will not be built until
1967 or 1968. It is necessary to meet the load requirements for some major subdivisions
in this area m Walton Heights- Candlewood- Pleasant Valley= and other large consumers
demands. The major consideration in the location of this substation was our ability
to acquire the site from one of the major developers in this particular area, said Mr.
Hogan.
Mr. Farrell asked him if it would be possible to combine the proposed substation on
Rebsamen Park Road and this one into a single unit,,and he replied that distances are
too great to do so. This development is designed to take care of growth load for long
range plans for future development of an electric system in Pulaski County, and it is
necessary to forecast for a period of ten years in order to be ready to meet these
power requirements from time to time. Arkansas Power & Light Company is working on
a transmission loop around stations in Little Rock and North Little Rock, and this
Walton Heights substation is part of that plane
A motion was made for rp oval of this application for Variance, which was seconded and
passed unanimously.
Tract No. 9 m Z-1908
Applicant: Hebron Baptist Church
Location: 1711 Barrow Road
Description: All of Tract 12, Hopson & Sach"s Suburban Tracts
Classification: "All -One -family District
Variance: Requests a Variance from the Use Provisions of
Section 43m3-(8®L of Code of Ordinances to
permit construct?an of large sign
Mr. J. M. Evans, Pastor, was present representing the petitioner who stated that the
Church has just recently been completed and is now ready for occupancy and that they
would appreciate the Variance in order that they may erect a sign orr th-e- properPty.
Mr. J. C. Rupert, 1619 Barrow Road, just north of the Church property,was, pr.e'sent- to
object, but when he was informed that the sign would be turned off by MOO P. M. he
withdrew his objections. When asked if the sign could be located 25 feet back from the
property line, the pastor said the church building is located 100 feet from the property
line, and if it is necessary for approval, they could move it back, but their plans were
to locate it as near the street as possible so as to be seen by north and south traffic.
Board of Pdjustment Minutes -
October 18,1965� � -24-
If it were set back 25 feet, a problem would exist because of two large trees which
would obstruct the view of the sign from the street. The sign would be operated
by a timeclock, and would be 7° X 7g.
A motion was made for of the application for Variance, which was seconded
and passed unanimously.
Tract No. 10-,Z-1903
Applicant: First!Baptist Church of Douglassville
Location: 8100 Block West 36th Street
Descriptions All of Lots 1 and 12, and the South 1/2 of
Lots 2 and 11 in Block 56, John Barrow Addn.
Classifications 01B11-Residence District
Variances Requests a Variance from all applicable provi-
sions of Section 43-12 of the Code of Ordinances
to permit addition to existing church and a Variance
from the Use Provisions of Section 43-21-(H-b) of
the Code of Ordinances to permit parking in front
yard setback
Mr. E. L. McOuffee, 3509 Boyd Street, was present to represent the applicant. He
said at the present time the property has a septic tank but they have permission to
connect with the City sewer line which they will da, and they had acquired 12 lots
just east of the building for parking. A question was raised as to,the seating
capacity of the sanctuary which would affect the number of parking spaces required.
A motion was made in Executive Session that the application be approved provided
the air-conditioning structure be relocated so that it does not encroach in the
adjacent property; that parking comply with parking ordinance with respect to number
of cars, screening, hard surfacing, etc. the determination of which is to be made by
the Staff; and provided that curb, gutter and sidewalks are constructed in the right-
of-way adjacent to parking lot and Church tracts. The motion was seconded and
passed unanimously.
Tract No. 11 - Z-1477
Applicant: Lawrence Witherspoon
Location: 76-18 IT" Streets
Description: Lots 9, 10, 11, and 12, Block 3, Bellevue
Addition
Classification: 'IF" -Commercial, District
Variance: Requests a Variance from the Main Structure
Provisions o f Section 43-2-(5) of Code of
Ordinances to permit more than one structure
on a lot - Also requests a Variance from the
Front Yard Setback Provisions of Section
43-15-(4) of the Code of Ordinances to permit
construction in required yard space.
Mr. E. L. Kirkes, the proposed operator of Pizza Inn, was present to represent this
application. He stated that he wishes to build an additional building on this tract
of land which would be extended to the property line with parking in the rear. Because
of its proximity to Highway No. 10, he wanted the building to be close to the street.
Board of Adjustment Minutes
October 18 1965 -25-
He stated that a great deal of time had been spent in working out the parking layout
on this property, and thinks that it is the only way the building can be placed on
the property in order to make use of available parking facilities. The proposed
operation is for a nice specialty eating house a pizza business - which will be a
quiet operation with no outside service to cars, but does have a pick-up service.
Trash and other disposal will be retained inside the building until picked up. There
will be a canopy extending 46 feet on the front of the building on the west side
extending around 60 feet on the east side.
Mr. W. F. Steinkamp, an adjacent property owner, was present, but had no particular
objection. He did.state that he 'did not receive a notice on this piece of,property
until the morning of this meeting that it was going to be heard.
A motion for 222Loval was made of this application and the development plan provided
curb, gutter and sidewalk is constructed on "T" Street and Manney Street, and that all
extraneous sheds or buildings, not reflected on the plot plan, be removed prior to
the issuance of Certificate of Occupancy, and that all parking areas are paved. The
motion was seconded and passed unanimously.
Tract No. 12 - Z-1871 (not advertised)
Applicant: Joseph Kaufman
Location: 5901 11H11 Street
Description: The West 70 feet of Lots 19 and 20, Block 7,
Lincoln Park Addition
Classification: "C11_Two-family District
Variance: Requests a Variance from the Use Provisions of
Section 43-4 of the Code of Ordinances to
permit construction of parking lot
Mr. Kaufman was present and stated that at the last meeting of the Board of Adjustment,
he was requested to obtain a letter from the City Attorney°s office as to legal features
of this matter, which has now been furnished. He will deed the western portion of
the lots in question to the owner of the duplex (Mr. Fox) and lease back the portion
for a parking lot.
In regard to his request for a Variance of 5 feet on another lot in order to move his
building forward to provide for'more parking space, he was informed that a separate
application had to'be filed before the matter could be copsidered.
A motion was made to ap rove the granti� to the applicant the privile a of using the
west 60 feet of Lots 19 and 20, Block 7, Lincoln Park Addition, for a parking lot
provided (1) that the Department bf Community Development is furnished proof that
subject property has been deeded back to Charles.W. Fox and his wife, Gertrude R.Fox;
(2) that all the requirements for the design and construction of a public parking lot
according to appropriate City ordinances are met. The motion was seconded and passed
unanimously.
There being no further business, the meeting was adjourned at 6:00 P. M.
J� Henry M. de Noble,
Secretary.
4
.;5cott Farrel 1, 'Chairman