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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 Meeting Noyemb- _ _._.� �. "._. _______- -2 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. Board of Adjus`.:,enF Minul-eti- Meet i ng Novi-; +e r -3- 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 Board of Adjustment Minutes - 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.