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boa_08 18 1969LITTLE ROCK BOARD OF ADJUSTMENT MINUTES AUGUST 18 1969 MEMBERS PRESENT Dave Gru est, Chairman W. Finley Williams, Vice Chairman Scott Farrell L. Dickson Flake Darrell Dover MEMBERS ABSENT None STAFF PRESENT Don R. Venhaus John L. Taylor Louis E. Barber Leon Sneed Dorothy Riffel OTHERS PRESENT Perry Whitmore, Asst. City Attorney 2:00 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 as mailed, which was seconded and passed. Action was taken as follows: Tract No. 1 - Z-1871 Applicant: Location: Description: Classification: Variance: Staff Recommendation: Joe -Kaufman 5900 Block "H" Street Lots 1, 2, 17 and 18, Block 7, Lincoln Park Addition "E-l" Quiet Business R "B" Rtaidence District From the Use Provisions of Section 43-12.of the Code of Ordinances to permit parking in residential zone; also from the Yard Area Provisions of Section 43-14 of the Code of Ordinances to permit construction in Yard Area The Staff recommends denial of the requested variances for the following reasons: (1) Apparently on initial construction, using a Grant Street address, the western portion of the lots were declared front yard space, and 1/2 of the alley was used as part of the rear yard. However, the structure was oriented to face the side yard having a depth of 14.8 feet. With this re -orientation the rear yard is now approximately 5-feet and the side Board of Adjustment Minutes - August 18,1969 yards are most deficient. (Records indicate that the property was I ezoned in 1961 but no record available of building permit for the structure). (2) The present structure requires a minimum of 10 off-street parking spaces with 12 spaces presently provided. However, with the proposed addition 13 spaces are required and the applicant proposes to use a portion of the lot adjacent to present parking space which portion is presently zoned "B"-Single-family. The additional area would be ample but this would be converting a residential district to satisfy an "E-1" use and an "E-1" requirement. Such action would effect two uses on Lots-17 and 18, which in our opinion is contrary to paragraph (1) Section 43-2 of the Zoning Ordinance which provides "no building shall be erected, x x x or land be used for any purpose other than is permitted in the District in which such building or land is located." (3) An investigation of the properties and particularly that pertaining to the "E-l" development does not indicate any degree of hardship which would warrant Board of Adjustment consideration of the case or granting of any variance. It appears the applicant's proposal is a case of over -structuring an "E-1" tract which is already overbuilt. (4) The proposed addition to the present structure further adds to the congestion in that area with the two apartment buildings which are very close to the rear of the structure involved in this application. Mr. Joseph Kaufman, the petitioner, was present. There were no objectors. He said that he is asking for the Variances to allow expansion of the building at 5915-19-25 "H" Street which is only three years old, on a 160' X 140' lot. The building �s 40' X 40". Parking facilities for this particular building are located on the alley side which furnishes 4 spaces, and on a leased lot immediately across the alley consisting of 12 parking spaces. Parking is also available on West Grant Street which has never been opened. Three tenants in this building desire addi- tional space - Drs. Dunaway and Johnson, orthodontists, occupy the west end of the building and their practice has grown tremendously in this particular area, and a beauty shop occupies the east end of the building, he said, which also needs additional space. Mr. Kaufman is requesting a -.waiver of front and rear yard space to allow him to build an additional 20 feet on the west end and 15 feet on the east side. He added.that he had purchased two additional lots together with a house immediately behind this parking area, which are two 30 foot lots on Buchanan Street 60' X 140'. He was questioned about the removal of the house which now exists there, and he replied that it was not his intention at this time to do so. He also indicated that he would like to pave only the rear 60 feet of the lot which would provide 12 additional spaces, but would like a waiver for the entire lot;so he would not have to request another waiver at a later date. When asked if he mould remove the house and put the whole -area in parking and screen it from the residential. area to the south, he said he had assumed a" -loan on this piece of property.and this would be a lot more expense, and he would prefer not to remove the house. He said he would covenant with the City not to sell the building along without the perking lots, or vice versa - there would be no disassociation of the two properties. - 2 - BOARD OF ADJUSTMENT Minutes August 18 1969 Mr. Taylor said he might clear up one question with reference to these side yard spaces. The lot where the existing building is - the front yard on Grant Street is 25 feet, the rear is 15 feet, plus 1/2 of the alley, gives 25 feet rear yard. The side yards are the north and south boundaries. In other words, so far as where the door is into any structure, these yard spaces could reverse around the other way. We don't take into account where the front door address is when we are looking at yard spaces. Mr. Dover said "theie'is--inadequate side yard even using Grant Street as the front on the south, isn't it?" Mr. Taylor replied that there should be a 6 foot side yard on both sides, whereas there is only 5.2 feet on the south side. Mr. Kaufman said he'would"like to consider this part as one lot, but with the other lot I recently purchased together for this thing. I realize that this is a stretch of the imagination to do so, but since I am willing to tie the two of them together that we have - - - -. It is true we are overbuilding on one lot, but also reserving another lot or lots strictly for parking area." Mr. Venhaus urged the Board to look at these properties as though they were two separate pieces of -ground. He said that the piece.of property where the parking is proposed is single-family zoned and single-family developed and it has to be consider- ed in terms of redevelopment for some other purpose - perhaps rezoned, or as a continued use as single-family lot. "I would urge you not to consider splitting the use up leaving a portion of it sinle-family and a portion of it as parking supporting some other use. The lot on "H" Street - its relationship in terms of other development - is distinctly a lot of itself - severed by development, by an alley, by parking, by streets - from_all other development., It is a lot that is developed nearly 50% at the present time. I think it is hard and would be erroneous to view it as a non -detached lot. It is a completely distinct detached entity and can't really be supported by any other piece of real estate in terms of the relation- ship of the building to the land. You can provide parking for it, but it is a piece of real estate that is well developed at the present time in terms of maximum poten- tial." Mr..Farrell summarized that in view of the situation, that this is an "E-1" lot which in its existing condition is overbuilt compared to other "E-1" property.- this new addition puts the total construction within roughly 60% of tine total area of the lot which for "E-1" is too dense. "For that reason I would recommend that the application be denied." The motion was seconded and passed. Mr. Finley Williams abstained. DEFERRED MATTER Z-2290 - Applicant: Location: Description: Classification: Variance: (continued) T. W. Dupree & Tom Ferstl 5524 West 31st Street Lots 5 and 6, Block 8, C. O. Brack's Addition, and 1/2 of the adjacent closed Filimore Street, and West 31st Street "D"-Apartment, District (1) Variance from the Yard Area Setback Provisions of Section 43-13 of the Code of Ordinances to permit construction in Yard Space -3- Board of Adjustment Minutes ®� August 18,1969 s� Z-2290 (continued) d 0 (2) Variance from --the Open Space Provisions of Section 43-21-(H)(b) of the Code of Ordinances to permit parking in Front Yard Setback IJ Staff recommendation: (This case was deferred at the last meeting to permit applicant to work out a plan which is acceptable to Chief Davis, and for the Board to review the case at its August 18th meeting.) A revised development plan has been received which Chief Davis approves with the following provisions: (1) Parking be removed from 31st Stret (both sides) and designated as a fire lane (2) That the now *14sting light -pole and gas meter at the entrance to the complex be relocated. The Staff previously had raised the point of Chief Davis' approval of ingress and egress to subject property. On receipt of Chief Davis comments, Mr. Ferstl was advised by letter to take steps prior to the Board meeting to relocate the utility pole and the gas meter positioned at the entrance to the complex. This office is in receipt of a copy of letter from Arkansas Louisiana Gas Company to Mr. Ferstl in this regard. Mr. Roy Beard, Director of Permits and Inspection Division of this Department has, advised Mr. Ferstl of certain deficiencies which should be corrected. Also &' Mr. Beard made a report of inspection of subject property as WAS requested by the Board and a copy of this report is furnished herewith for your information. Mr. Tom Ferstl, the petitioner was present. He stated that in inspection had been *� made by the Permits and Inspection Division -.of the Community Development Depart - 'a -ment and the several deficiencies and alterations suggested had been complied with. W Also that Chief Davis' requirements for fire lanes and the removal of a gas meter and existing light -pole at the entrance to the complex would also be adhered to in conjunction with the Arkansas Louisiana Gas Company and Arkansas Power and C; Light Company. Copies of letters pertaining to these items made a part of the official record. A motion was made that the application be approved, which was seconded and passed. � Mr. Grundfest suggested that the next agenda should include the determiniation of the ()Beard's policy of mailing the applicant a copy of the Staff's recommendation pertaining oto each case to be considered, prior to the meeting; and whether or not a secret ballot "as opposed to a voice vote should be made proper procedure. There being no further business, the meeting was adjourned at 3:00 P.M. 004,-_ P. vfl� ] Don R. Venhaus, - Secretary. Dave Grundfest, Jr. Chairman -4- MEMORANDUM August 7, 1969 TO: John L. Taylor, Assistant Director, Community Development FROM: Roy G. Beard, Jr., Director, Permits and Inspections SUBJECT: Premises Inspection. Tempo Terrace Apartments At your request, the Building, Plumbing, and Electrical Divisions have conducted a premises inspection of Tempo Terrace Apartments, and the following items not in compliance were noted, and the owner has been notified of their existence. 1. Exterior balconys of units 1, 3, and 4 need additional protective railings around balconys. Two horizontal railings applied at intermediate points between. the floor and top railings of the balcony should be adequate. 2. Three apartments have exit ways emerging directly upon. steps. This situation should be eliminated by constructing exterior landings at least the width and depth of the doorways discharging upon the landings. 3. Two combustible stairways have had storage closets installed below the stairways. Closets below combustible stairways are prohibited, and Mr. Ferstl has been requested to vacate these closets as storage areas and to keep the doors locked. 4. Gas meters located at the southeast corner of the property should be relocated in, a safe place if subject to damage by vehicular traffic. Mr. Ferstl has been notified of the above requirements and stated that he would make these corrections immediately. Mr. Ferstl accompanied the inspectors through the apartments during the inspection. If you need further information, please notify me. r ,, ' ""ct /'J R y G. Bear Jr. , Director Permits and Inspections Division RGB/js r •`r T'aKAPI f CITY OF LITTLE ROCK Little Rock �f Arkansas FIRE DEPARTMENT AUGUST 4, 1969 MR. JACK TAYLOR ASSISTANT DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL LITTLE ROCK, ARKANSAS DEAR MR. TAYLOR: RE: PROPOSED APARTMENTS 3IST AND FILLMORE STREETS AS PER OUR CONVERSATION) UPON INVESTIGATION OF SITE AND PLANS WITH THE SET —BACK (AS INDICATED ON THE AM — MENDED PLAT ATTACHED) WE ARE WILLING TO WITHDRAW OUR OPPOSITION UNDER THE FOLLOWING CONDITIONS: U PARKING BE REMOVED FROM 3IST STREET BOTH SIDES) AND DESIGNATED AS A FIRE LANE. THIS WILL NECESSITATE A LETTER OF AUTHORIZATION TO THE POLICE AND FIRE DEPARTMENTS FROM THE OWNER. WE FURTHER RECOMMEND THAT THE NOW EXISTING LIGHT —POLE AND GAS METER AT THE ENTRANCE TO THE COMPLEX BE RE -- LOCATED. It TRUSTING THIS INFORMATION WILL BE OF SOME ASSISTANCE TOWARD A FAVORABLE CONCLUSION, I AM SINCERELY2 i 7 � JACK D. DAVIS2 CHIEF JDD:G CC: MR. TOM M. FERSTL PREVENTING FIRES SAVES LIVES AND PROPERTY