boa_11 15 1965LITTLE ROCK BOARD OF ADJUSTMENT
MINUTES
NOVEMBER 15,1965
MEMBERS PRESENT
W. R. hl�ek,Ylice Chairman
Maxwell Lyons, II
Cecil Kuehnert
41. Finley Williams
MEMBERS ABSENT
Sc®tt Farre y 1.�
STAFF PRESENT
FIenry M'a—de k,b l e
John L. Taylor
Louis E. Barber
Dorothy Ri ffel
OTHERS PRESENT
Perry Whitmore, Asst. City Attorney
Doug Smith, Gazette Reporter
2s00 P. M.
There being a quorum present, the meeting was called to order by the Chairman at
2:00 P. M. A motion was made for approval of the minutes of the last meeting as
mailed, which was seconded and passed unanimously.
Action was taken as follows:
Tract No. 1 '- Z-190-7
Applicant: Marbar-Wright Enterprises
Location: 825 Main Street
Descriptions Lots 5 and 6, Block 9, Original City
Classification: "H"-Business District
Variance: Requests a Variance from all applicable Parking
and Loading Provisions of Sec. 43-21 of Code
of Ordinances to permit construction of building
Mr. Robert Shults was present on behalf of Marbar-Wright Enterprises, which is a
joint venture composed of Edward L. Wright, Ed Lester, and Mr. Shults. ,i .ne last
meeting, he said, this request for Variance was denied because of inadequate loading
facilities, and also some question about parking. The development plan was modified
to include loading facilities in the back of the proposed building, a space 200 X 50'
to be used as a loading dock on the alley which is to the east of Main Street. In
addition to this, the proposed tenant., the Capitol Wholesale Company, has arranged for
30 parking spaces to be designated as private parking for persons using the proposed
building. "his parking space is at 9th and Center Street which is about lye blocks from
the proposed building, Mr. Shults stated that he was informed that there are more than
500 parking spaces now available and which would be available for use by the public
Board of Adjustme.,-; ,SS ,u=es
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within a distance of 75U feet of this property. This property, he said, consists of
two lots fronting on Main Street at the northeast corner of 9th & Main Streets. We
have asked for this Variance, he said, because we believe it is the kind of thing
the statute contemplated when it set up the Board of Adjustment. We believe that
this Board was constituted to take care of situations like this and allow a variance
where it is not feasible, or, from the public standpoint, desirable to require off-
street parking for this kind of facility on Main Street, and he stated that he did
not think it feasible to ask the applicant to use one-half of the property for park-
ing. Mr. Shults contended that property located in the downtown business district
certainly should be developed to its maximum use and actually think it is good for the
community. The Western Auto Store, which is across the street from this property, and
the Pfeifer Tire Store, directly across the street (9th Street) from it were constructed
without asking for a zoning variance because of the nature of the stores involved which
are much like a service station in every respect except the sale of gasoline. Private
parking has been provided, he stated, for the use of this building only a block and
one-half away, and there is public parking within the immediate area which is suffi-
cient to take care of the needs of people using this building. He stated that it
would not be feasible or practical to develop the property if a variance is not granted
as requested.
Mr. de Noble commented that the Pfeifer Tire store was unable to get public parking or
private parking spaces in the area.
Mr. Lester stated that the two lots directly behind this property have been purchased
by the First Presbyterian Church whose proposed use is for parking space for the
Church. He also stated that they have firm leases for 30 parking spaces which is the
closest location we could find that could be leased.
Mr. Yandell Johnson, 113 East 9th Street, appeared in opposition, and asked two
questions - (1) How long is the lease whi(h provides parking spaces (2) How will
the 25 spaces be replaced which are being taken up by this building? He was told
that the lease was for five years, and that the 25 parking spaces displaced were
not counted in the estimate of the number of spaces available in the area.
Mr. de Noble explained that permanent parking spaces would have to be provided for
the proposed building in addition to the 25 which are being displaced by the construction
of the proposed building. He read Paragraph (I) Section 43-21 of the Zoning Ordi-
nance concerning this distinction.
Mr. Shults stated that in his opinion this was not applicable to the question of the
25 displaced spaces as they were never designated as permanent parking spaces in
connection with any construction; that these are two vacant lots on Main Street
which we have bought. He also said that -they recognize that the regulations and
zoning ordinance has set up certain requirements which are desirable and valid, but
the same statute that created these rules and regulations for the Board of Adjustment
intended that there be some flexibility when they present a hardship. We think it is
a hardship to expect people who own two lots on Main Street to use half of it for
parking and it is not the way it ought to be developed. We think this Board was
created to allow some variance from the strict rule of the zoning ordinance to permit
development which is desirable, and we think the rule may be too harsh, he said.
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Meet i ng Novi-; +e r
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Mr. Shults was asked if they would tre willing to file a covenant providing for the
renewal of the five year lease on the parking lot at 9th and Center Street,or provide
other space if this could not be done. He said that this would be impractical.
It was suggested that action be postponed on the application for a month in order that
a determination could be made of the parking space within the 600 feet that the
ordinance requires, (2) that a letter from the First Presbyterian Church be obtained
stating whether or not the Church intends to build a parking lot on the two lots
immediately east of the applicant's property, and if it would be available for use
by the petitioner.
Mr. de Noble pointed out that this survey should be submitted 15 days prior to the
meeting so that it could be checked by the Staff.
A motion was made that the matter be deferred until the next regular meeting at which
time the applicant should provide the Board with a plat of the area within 00 feet
of the proposed building showing public parking spaces available; that this plat be
provided to the Community Development Department within two weeks so that it may be
properly studied and brought before the Board; (2) that Marbar-Wright Enterprises
secure from the First Presbyterian Churah a letter outlining the Churches plans for
the property to the east of the Marbar-Wright Enterprises specifically pointing out
whether the Church intends to use this for public parking, and if it would be avail-
able for the use of the petitioner, and if so when. The motion was seconded and passed
unanimously.
Tract No. 2 - Z-1914
Applicant: Dr. David B. Cheairs
Location: 1624 Maryland Street
Description: Lots 4 and 5, except the north 10 feet of Lot 4
in Edmondson's Subdivision of Fractional Block 1,
Marshall & Wolfe's Addition to the City of Little
Rock
Classification: "E-1" Quiet Business District
Variance: Requests a Variance from the Rear Yatd Setback
Provisions of -Sec. 43-14-(2) of Code of Ordinances
to permit construction in Rear Yard Space
Mr. Ivis Brummett , architect for the petitioner, was present. He said that
the request for Variance was made because of the fact that if the building had to be
set back another 10 feet it would take off three more examining rooms and that
Dr. Cheairs felt like this would he working a hardship on him; that they will have
14 parking spaces where only 10 are required for that size building, and that there
is a 10 foot driveway eastment across the back of the property. The duplex and
residence on the property have been removed.
A motion was made to approve the application with the proviso that no parking be
permitted in the 25 foot front yard space.adjacent to Maryland Avenue. The motion
was seconded and passed. Mr. Meeks disqualified himself and did not vote.
Board of Adjustment
Minutes - 11-15-65 -5-
Z-1917 - (continued)
Variance: Requests a Variance from the Setback Provisions
of Section 43-12 of the Code of Ordinances to
permit addition to existing Church building
Mr. A. T. Moore, Pastor of the Church, was present to represent this application. He
said the variance is being requested in order to remodel and reface the building
which now exists on this property. The new addition will be to the auditorium, which
will seat 390 to 400 persons, and will be constructed of the same materials as the
basic building and the whole structure would be bricked. Parking space is available
to the south and also on a lot behind the church, also on the north side of the church.
The Church has an agreement with the Little Rock Housing Authority Renewal Project
to purchase 5 lots from them adjoining the church which will furnish three more lots
for parking.
A motion was made that the request for Variance of the 25 foot front yard space be
denied, and that expansion of the structure into other than the front yard s ace be
approved subject too 1 the removal of the encroachment of the cooling tower and
other construction within the street right-of-way; (2) that curb, gutter and side-
walks be constructed around the Church property by the Church in the event same is
not constructed by the Little Rock Housing Authority's University Park Urban Renewal
Project; and (3) that a bond on the amount of $1,000. be furnished to assure that off-
street parking as required by the Zoning Ordinance be provided within 12 months with
the proviso that in the event adjoining property for parking cannot be procured within
that period, the applicant may return to this Board for a possible extension with
respect to off-street parking. The motion was seconded and passed unanimously.
Tract No. 5 - Z-191`9
Applicant: William L. Humphries
Location: 7621 Denise Drive
Description: Lot 21, Beverly Terrace
Classification: "A" -One -family District
Variance: Requests a Variance from the Use Provisions
of Sec. 43-3 of the Code of Ordinances to permit
construction of advertising sign in a residential
zone subdivision
Mr. Ron Crook, of the Crook Realty Company, was present representing the petitioher.
Mr. Humphries owns a subdivision ( Beverly Terrace) which has an entrance from Mabel -
vale Pike, but which has rear lots backing up on the Benton Highway (U.S. 67-70).
They would like to construct a temporary sign on the last lot which would be visible
from the highway. The sign would be 8' X 241, 6 feet off the ground, and a total
height of 14 feet, and would be in use only 18 months and would advertise a subdivision
whose entrance is two blocks away. The sign is being constructed in cooperation with
the Arkansas Power & Light Company, and if upon investigation it is found that the
poles will be on the easement, they will be moved back.
A motion was made for approval for a period of 18 months provided that Arkansas Power
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Meeting November 15,91965 _- -6-
and Light Company be notified and grant their approval of the sign at its present
location (if not it would have to be moved). At the end of 18 months, the sign
would have to be removed or further -permission granted by the Board of Adjustmento
The motion was seconded and passed unanimously.
There being no further business, the meeting was adjourned at 300 P. M.
Henry M. de Noble,
Secretary
'�---- wn R. Meeks, Acting C airman.