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boa_07 18 1966LITTLE ROCK BOARD OF ADJUSTMENT MINUTES JULY 18,1966. .MEMBERS PRESENT Cecil Kuehnert, Chairman Scott Farrell Dave Grundfest ='�inley Williams MEMBERS ABSENT W. R. Meeks STAFF PRESENT John L. Taylor Louis E. Barber Dorothy Ri ffel 2:00 P.M. OTHERS PRESENT erry Whitmore, Asst. City Attorney Jim Jones, Gazette Reporter v41vvvyvvv41vv�v There being a quorum present, the meeting was called to order at 2:00 P. M. by the Chairman. A motion was made for approval of the minutes as mailed which was seconded and passed unanimously. Action was taken as follows:- ract No. 1 - Z-2010 Applicant: Dixie Bearings, Inc. Location: 1000 Ringo Street Description: The East 100 feet of Lots 10,11 and 12 of Block 286, Original City. Classification: 'IF" -Commercial District Variance: Requests a Variance from the Rear Yard Setback.provisions of Section 43-15 of the Code of Ordinances to permit construction of retail building -Mr. William B. Putnam, realtor, was present to represent the applicant, Dixie Bearings, Inc. whose manager,'J. F. Bongen, was also present. Mr. Putnam stated that new plans had just been submitted to the Staff requesting that the building be moved within 1 foot pf the west property line and in so doing to construct a masonry fire wall under the -Fire Code and to move 8 feet from the south property line; that he had no interest in the application personally, but was handling the property sale. There will be no u opening in the west or south walls which will be solid masonry construction. He stated that there has been no opposition from adjacent property owners. He also stated that ,he property to the south is rental property and if necessary Dixie Bearing would erect a screening wall or fence if it is requested by the Board. Board of Adjustment Minutes - July 18.1966 -2- Mr. Putnam agreed to the Staff's suggestion that only one entry be had on loth Street and that drainage would be into an underground system. Queen Mixon and her husband, 1016 Ringo, adjacent property owners, were present in opposition stating that the project was too close to their property (8 feet. from the south property line) and that it would ruin the value of their property. It was brought out in the discussion that the front of the building would face on 10th Street, but if it faced on Ringo Street, the side yard requirements would be different. There is already zoned "F"-Commercial property on the west side of subject property, "C"-Two-family on the south, and "E-1" Quiet Business across the street. A motion was made that the request be approved provided the building be placed on the west line, or 4 feet from it, and fd eet from the south line of the property with a further provision that the entry on the north side of the property (loth Street) be limited to one driveway and moved east to the center of the property, and that the. entry on the east side (Ringo Street) be moved to a point at least 40 feet south of the northeast corner, the specific locations to be set by the Staff; that screening of a type acceptable to the property owners immediately south and abutting the project area be installed along the entire lot line; and that the aforementioned driveway provi- sions are in. addition to the one service driveway shown near the southeast corner of the property. The motion was seconded and passed unanimously. Tract No. 2 - Z-2009 Applicant: Location: Description: Classification: Va ri anc.e : Worthen Bank & Trust Company by Stanley Price 4510 Lee Avenue West Half of Lot 6, Block 22, Pulaski Heights Addition "A" -One -family District Requests a Variance from all applicable Provisions of Section 43-15 and 43-21 of Code of Ordinances to permit the remodeling of a non -conforming retail store Mr. Stanley Price, Attorney, representing the applicant, was present and stated that there were three applicants for these variances; (1) the bank who has a mortgage which is in default on the property, (2) J.M.Jacobsen, the proposed purchaser; and (3) R.F. Miller who is the administrator of his deceased son's estate who owns the property. This has been used as a grocery store since 1926 and probably before. In conjunction with its use as a store there is a small apartment in the same building on the east side. The request for variances includes one to permit continuing its use as a grocery store, and another to make some alterations on the east portion of the building so the space can be better utilized. The remodeling will consist of enclosing a recessed porch, and the removal of a partition between the store building and the dwelling area in order to enlarge the area. Mr. Price stated that the granting of these variances would mean a great deal to Mr. Miller and his grandchildren, Worthen Bank & Trust Company, and Mr. Jacobsen, who now operates another neighborhood grocery store to the east about two blocks. It is his hope and plan to move up the street and relinquish the store at his present location. A petition having 35 signatures of property owners in the vicinity was filed approving of the request. Board of Adjustment Minutes - Jul 18 1966 -3- Mr. J. M. Jacobsen, 402 Beechwood, the proposed purchaser, was present, and stated that he would like to move into subject property but that it is inadequate for his stock and fixtures; that his business is primarily a delivery service to customers in the immediate neighborhood; that three rooms will be taken into the store property and only a kitchen and bathroom would be left in the apartment area. Mr. R. F. Miller, father of R. H. Miller, deceased who owned the store, stated that he would like to sell the property which would release two insurance policies now pledged to the bank on a 1 oan whi ch woul d be for th a benefi t of hi s two grandsons. Mr. W, C. Cramp, 2300 Izard Street, was present in opposition, who stated that he owns the lot north of the store property (504 N. Ash Street) and that it is an undesirable operation because of the nuisance of delivery trucks coming and going, compressors on the outside creating noise, and the presence of varmints caused by trash accumulation from the store, and the burning of trash in open burners in the alley. In reply to these objections, Mr. Jacobsen said that his compressors are sealed and do not make any noise, that he uses the City's disposal of trash and that he does not burn trash on the premises, and that he would correct the truck situation. Mr. Price explained that if this property is sold there would be enough money to pay the bank and release the two insurance policies which are pledged to cover a mortage on the property, which would be used on an amortized basis for the boys while they are in college. A motion was made for approval of the Variances requested, which was seconded and passed unanimously. Tract No. 3 - Z-1911 Applicant: Location: Description: Classification: Variance: Allen Green & Associates 6200 Asher Avenue Lot 2, Allen Green Rep1at of Block 3, Requa's Addition 11E=1" Quiet Business District Requests a Variance from the Main Structure Provisions of Section 43-2-(5) of the Code of Ordinances to permit construction of more, than one building on a lot - apartment complex Mr. Stanley Price, Attorney, representing the petitioner, was present. He stated that the property under consideration is now zoned "E-1" Quiet Business, but actually the property in question is that portion shown on the plat that extends north from the rear line of the Gulf Service Station, and that the reason for the Variance is simply that at the time the site plan was presented some 14 months ago it was contemplated that a highrise office building would be placed thereon. There has now been a change in plans and the developers propose to construct apartment- units on this property which will consist of about 68 units and about 8 buildings. When he was asked if fire trucks could, go to the east from this apartment complex, he said the grade would be the same and that there are no obstructions to prohibit east -west movement. He stated that trash collection would be handled by a commercial pickup service. Board of Adjustment minutes - Jul 18,1966 -4- Mr. Farrell questioned the fire hydrant system on the property, and Mr. Price stated there ►•gas one an the premises with service from Asher Avenue. Mr. Allen Green said that no sidewalks are now contemplated on Ash er Avenue (75') and that they have some plans to develop that which would entail curb and gutter, etc. at the entrance, which would include cobble -stone, and a brick gate with iron entrances, and that the proposed commercial building 22' X 100' which is not included in this application, will be decorated to create an unusual atmosphere. Mr. Bennie McCoy, 23 Perdue Circle, was present to get information as to noise which might be created by an airconditioning system and Mr. Green explained that the architect had designed patios to the rear with storage rooms where the compressors for air- conditioning viould be placed, and since there was only one patio to the property to the north the noise factor would be minimized. Discussion was had regarding the generating plant which was in the original application and which would occupy the spac-e at the northeast corner of this project, although it is not included in this application. A total energy plant was originally planned to furnish electrical power to Town - & Country Shopping Center, Chateau de Ville, and the proposed high rise office building.: Mrs. Packard, who stated that she had lived there for four years and had good friends still living there was concerned about the problems such as high density development would create in an area already plagued with traffic problems, unsatisfactory garbage collection and the fact that if the property deteriorated, an undesirable class of tenants might move into the area. She also pointed out that the parking problem would be increased, a fire hazard would be created, noise would be a factor and that very little recreational provisions have been made for this area. With three. large shopping centers already at this intersection, and another one being built, she could see an intolerable traffic problem existing. Mr. Herbert Butler, 31 Purdue Circle, was present to voice the:sarne obj,ec.tions, and asked that no action be taken which would imply that approval bad gfven'for the"construct- ion of the power plant on the northeast corner of the property. Mr. Taylor stated that uti 1 i ties were being relocated at the i nter'sb'2t'i-on ;Qf: Asher Avenue and University and that traffic signals will be installed maktr g the traffic pattern virtually a four-way intersection and that Asher Avenue will be widened to 48 feet possibly as far as Rock Creek, and that Chateau de Ville has already widened the pavement to 48 feet, and that the service station has widened the street in front of its property. Mr. Price argued that this proposed project would actually create a smaller traffic problem than a highrise office building. There will be 68 units in this project, and parking for 92 cars, and rentals will start at $180.00. A motion was made that the applicant submit an averalI development plan, including this tract and Chateau de Ville indicating all driveways, points of access and exits with detailed dimensions, and further indicating trash disposal and service areas, and for review by the Staff prior to submitting it to the Board of Adjustment. The motion was seconded and passed unanimously. Board of Adjustment Minutes .July 1891966 -5- Tract No. 4 - Z-922 Applicant: Pulaski -Federal Savings & Loan Assn. Location: 1800 Block North Grant Street Description: Lots 7, 8, g,'Block 10, Mountain Park Addn. Classification: "E-1" Quiet Business District Variance: Requests a Variance from the Yard Area Setback Provi-sions of Section 43-14 of Code of Ordinances to permit construction of building, and off-street parking require- ments. Mr. Edward L. Wright, Sr., Attorney for and Director of the Pulaski federal Savings and Loan Association, the owner of the property and the applicant, stated that these lots were acquired by the applicant in 1961 for -the purpose of erecting a branch office thereon if an application to the Federal Home Loan Bank could be granted. The applica- tion was denied and these lots became surplus to the Savings & Loan Association. They are presently vacant and are used for parking. The Pulaski Federal Savings & Loan Association has entered into a contract of sale subject to the rezoning from "E-1" Quiet Business to 'IF" -Commercial to Mrs. Mary Ann Hurst who would erect a building if the rezoning classification is granted on the northeast corner of the tract. The building proposed by Tipton & Hurst would be 1-20' X 70' of brick construction and would conform in all respects to the construction of 'Forest Heights Shopping Center area. This proposed building would abut on the building occupied by Lou Hoffman, immediate- ly to the north.. Mr. Wright stated that a Variance is requested in the rear yard and side yard requirements and for a waiver of the ratio of.parking required in the forest Heights,, area, which ratio is three to one. If that were carried into effect here, he said, it would take an entire half block - it would take the entire 6 lots from Pierce on the east to Grant on the west to accommodate a structure 70' X 1201, which is unrealistic and does not conform to the others. All that we ask, he said, is that this property be given the same treatment that all other property in the immediate area has been given. Mr. Wright said that he was not aware of any objections to the application being presented for consideration, and that Mrs. Florence Whitehorn, 1722 N. Pierce favors the granting of the application. American Security Savings & Loan Association, immediately west across Grant Street from the subject property (which is a competitor) joins in the request that the application be granted, he said, and also have a letter from Forest Heights Business and Professional Association, Heights Variety and Hardware Store, and the Pulaski Heights Real Estate Company, all joining in the reque:;t for the granting of the application. Pulaski Heights Meal Estate Real Estate Company is the owner of the building which is occupied by Lou Hoffman immediately to the north of the site where Tipton & Hurst propose to build its building if the application is granted. Tipton & Hurst is the oldest florist in the Little Rock Area and will have a retail florist and gift shop, and a portion of the building to the north would be used by possibly two other retail stores. No leases can be made until a reclassification of zoning can be obtained. Construction north and east and Lou Hoffman's building, American Security Savings and Loan Association buildings were on a parking ratio very substantially less than three to one. If a ratio of one to,one were allowed there would be room for approximately 30 cars on the site. The plan which has been furnished drawn by John P. Powers indicates 20 spaces, but close to 30 cars could be parked in that area. Mr. Wright said "the whole thrust is an effort to obtain a rezoning classification from "E-1" Quiet Business to 'PI -Commercial and want to obtain variances for parking prior to going to the Planning Board of Adjustment Minutes - july 18,1966 -6- Commission for rezoning. It was pointed out during the discussion that (a) the Forest Heights Shopping Center Criteria imposed no greater space for off-street parking for an "E-1" zone in that area than is required by the Zoning Ordinance; (b) that a covenant exists pertaining to these Lots 7, 8, and 9 which establishes a 25 foot green space to extend east from the right-of-way of Grant Street. A motion .that the Variances for rear and east side yard on the basis of "E-1" Quiet Business District be anoroved with the requirement that: (1) the Planning Commission will have to reconsider the rezoning of subject property to "F"-Commercial; (2) that the applicant make application to the Planning Commission for amendment to covenant which applies to this property and is successful in obtaining an amendment which permits an off-street parking area within the 25 feet of the right-of-way along Grant Street beginning at a point not less than 55 feet from the southwest corner of the property; (3) that the development plan reflect a green space 25 feet in depth from the right-of-way line of Cantrell Road, and a green space 25 feet' in depth from the right-of-way line of Grant Street for a distance of not less than 55 feet along Grant Street beginning at the south edge of the property. (This green area would match that existing across the street to the west.) The motion was seconded and passed unanimously. Tract No. 5 - Z-2001 Applicant: Artcrest, Inc. Location: 2001 Louisiana Street Description: Lots 1, and 2, Block 427, Duvall's Addn. Classification: "D"-Apartment District Variance: Requests a Variance from all applicable provisions of Section 43 of Code of ordinances to permit addition to exist- ing non -conforming use. Mr. Richard E. Boles, who owns the applicant's building, was present and stated that there is an area at the rear of the building which has a drain which is used to dispose of water from silk screens used in the business. They want to enclose the area around this drain so that they may do this at all times of the year and not just in the summer months. Mr. Boles advised Artcrest, Inc. to make the request for Variance. Mr. Glen Walther, Attorney, who also was present, stated that the proposed addition to the existing building is a bit larger than the drain that Mr. Boles referred to, maybe 21,�- times as large. It was his understanding that at the last meeting, the Board of Adjustment deferred action on this matter until the Fire Department could make an inspection and report its findings to the Staff, and since the Fire Department had made a satisfactory report, it was his hope that a favorable decision would be made. There is a lease involved which will expire February 7,1967 with an option to renew for an additional ten years. (continued on next page) Board of Adjustment Minutes juTy i B 1966. -7= A motion was made that the Variangps de denied, which was seconded and passed unanimously. There being no further business, the meeting was adjourned at 4:30 P. M. Jphn L. Taylor, Secretary Cecil K uehnert, Chairman