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boa_05 23 1966LITTLE ROCK BOARD OF ADJUSTMENT SPECIAL MEETING MINUTES MAY 230966 MEMBERS PRESENT W. R. Meeks, Acting Scott Farrell Dave Grundfest Finley Williams MEMBERS ABSENT Cecil Kuehnert STAFF PRESENT Henry M. de Noble John L. Taylor Louis E. Barber John Erickson Dorothy Riffel Chairman OTHERS PRESENT Perry Whitmore, Asst. City Attorney Jim Jones, Gazette Reporter Tract No. 1 - Z-1992 2:00 P. M. Applicant: Leawood Property Owners Association Location: West end of Evergreen Road Description: Lot 192 and Tract "C"- Section "B" Leawood Manor Addition Classification: "A" -One -family District Variance: Requests a Variance from the Use Provisions of Section 43-3 of the Code of Ordinances to permita paved access driveway on the west side ,of Lot 192 to permit access to Tract "C"; and to permit the use of Tract "C" as a community park with swimming pool. Mr. Charles Brown, President of the Leawood Property Owners Association, was present, who stated that this Association is a closed non-profit corporation which has been formed on a community type governing basis made up of a Board of Directors with several committees for its operation. Mr. Stephen Vier, is Chairman of the Operating Committee; and Dan Woods, Chairman of the Membership Committee. The pool will be 75 feet long, 28 feet wide at the narrow end, and 42 feet wide on t� a broad end. There will be some concrete area, with a chain link fence. Approximately $25,000. has been collected toward the expense of the building and pool from 142 members who have contributed $200. each, he said, and that 36 parking spaces have been provided, and that contracts have been let for the construction of the pool contingent upon the Board of Adjustment's approval for the Board of Adjustment Special Meeting Minutes - May 23, 1966 __ -2- Variances requested. (The Planning Commission on May 5,1966 heard the case which requested permission to use Tract "C" for a private neighborhood swimming pool, which tract abuts previously developed lots in Leawood Heights. After discussion among the members as to what the Bill of Assurance applied to the parcel in question, a motion was made approving provision in the Bill of Assurance for the proposed swimming pool on Tract "C" subject to approval of this use by the Board of Adjustment, which motion was seconded and passed unanimously.) Mr. Roland Hawn, architect, pointed out that since there is no specific provision for such operation in the City Code, it is his contention that they should be allowed to obtain a building permit. The Biscayne Corporation is the owner of the property and it has delayed the filing of a plat until after this hearing; he said, and that they had bought Lot 192 in order to avoid using access for vehicular traffic adjacent to lots in Leawood Heights already sold and developed. Members in the Property Owners Association include the surrounding areas- Meeks Manor, Leawood Heights Subdivision, Leawood Manor, Patricia Lane, area on Van Lee Street which abuts Leawood, and Wingfield Subdivision w hlch have approximately 600 to 700 houses in the area. There will be no food concessions on the property except vending machines which will be located outside the fenced area of the pool and no alcoholic beverages will be allowed on the premises. After a study of pools in other cities, he indicated that the pool would be used by only 15% of the membership on any particular day. Among the proponents present were Mrs. Charles Brown, 7713 Leawood; Mrs. Pat Allison, #8 Highwood Cove; Stephen D. Veirs, 25 Nobview Circle and Mrs. Veir; John Hunter, Treasurer of the Association, 11 Nobview Circle; Roland Hawn, 8306 Louwanda Drive; J. T. Cotner, #17 Highwood Cove; Robert S. Pitts, 32 Lorna Drive; Albert Iseman, #7 Nobview Circle; Louis V. Rosteck, 2 Leslie Circle, and Mr. George N. Plaster, #4 Arrowbrook Court. A letter in opposition was read from Kenneth Wm. Keltner, 8707 Linda Lane. Mr. E. J. Schafer, Jr., 8624 Linda Lane, was present in opposition stating that he is one of four who have houses immediately adjacent to this area all of whom are 100% against this development. He stated that he bought his property thinking that his investment "would' stand up", and that his investigation did not indicate any other use than for residential purposes. He stated that he had no objection to a country club, but did not want one in his back yard. Also that it would generate a traffic hazard on Linda Lane. Mr. James Robinson, who said he lived "across the creek", was present in opposition as' the development would back up to his house and he objected to the operation of such a facility, particularly since the operation would be from 9 A.M. to 9 P. M. or later, with noise and objectional lights. Mr. Reynolds, #10 Stonybrook Road (Lot-347) stated that he had no objection to a swimming pool, but did not want it in his backyard and that most of the proponents lived one or two miles away; that it is a very poorly planned project, and that if they had known when they bought their lot that there would be such a facility in the area, they would not have purchased their property, and since they were not given the opportunity of a choice in the matter, he wanted to express a legitimate protest. Mr. Jack Dowdy, #2 Arrowbrook Court (Lot 350) stated that he objected to the pool being located in this area purely from a noise and nuisance standpoint, and that he also owns Lot 346 which is next to the pool property, which is a speculative house, and that the'' Board of Adjustment Special Meeting Minutes - Mav 23,1966 -3- prospect of selling this house would be reduced with the location of the pool there. Mr. George N. Plaster, #4 Arrowbrook Court, stated that when he contacted Long Bell, the developers of Leawood, he was told that they contemplated using this area for a swimming pool, but that the project would have to be strictly a community one and operated as such according to rules of good conduct. In his opinion, it would be good for the area and would like to see it developed as planned. Mr. John Hunter, 11 Nobview Circle, stated that he bought a lot in Leawood Heights from Long Bell in 1963, and that in 1964 was informed that a tract of land had been set aside for recreational purposes, but that it would have to be developed on a community basis. He said that in the summer of 1965 five or six property owners got together and discussed the pool idea, and that in September, 1965 the Biscayne Corporation advised that they would like to go in and that they had a tract of land which they would give for this purpose. In the Fallof 1965, they decided that the best location for the pool would be on the Biscayne property, and that after consultation with other property owners in the area, decided to proceed to try to develop the pool project. They tried to find some other access to overcome Mr. Schafer's objection and bought another lot to provide such access, and it is their intention to pave an acces through Lot 192 but not to have a paved road behind Mr. Schafer"s house. Mr. Reynolds, #10 Stonybrook Road, said that h e had no notice of the meeting before the Board of Adjustment, had had no notice of the plans for a swimming pool in this location and that there was nothing in the plot plan for that area which indicated that a recreation- al area was planned. Mr. Brown explained that only those property owners who lived within 140 feet of the property in question were officially notified, which explained the reason why Mr. Reynolds had no notice. He said that the pool would be located on the Biscayne Corporation property which is a completely separate subdivision from the Leawood Heights Fourth Addition, and that it has been laid aside for recreational purposes for some years. He said that this is nothing new for the area, but that the space set aside by Long Bell was too small after allowing for parking space. Mr. Roland Hawn, architect, said that the wire fence mentioned would be for the pool enclosure itself as required by law. It will be a concrete block construction with a built-in wooden roof, and would be built on a concrete slab. After much discussion, in executive session, the Board concluded that the request for Variances be denied, which was made in the form of a motion, seconded and passed unanimously. Z-1678 - (Reviewed) Mr. de Noble pointed out to the Board that in July, 1964, a Variance was granted to permit signs to be erected in the Pleasant Valley Subdivision for a twelve month period, which time has expired. Mr. Meeks stated that in view of the fact that the Subdivision is remotely located and signs seem necessary for identification, that an extension be Board of Adjustment Special Meeting - May 23,1966 granted for an additional 12 months period. Such a motion was made, seconded and passed unanimously. There being no further business, the meeting was adjourned at 3:45 P. M. 7 W. R. Meek' Acting Chairman Henry M. de Noble, Secretary.