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boa_03 18 1968yLd Qd J Ld CL LITTLE ROCK BOARD OF ADJUSTMENT MINUTES 2 n, MARCH 18,1968 MEMBERS PRESENT Darrell Dover, Chairman Dave Grundfest, Vice Chairman L. Dickson Flake W. Finley Williams MEMBERS ABSENT Scott Farrell STAFF PRESENT Henry M. de Noble John L.Taylor Louis E. Barber Leon Sneed Dorothy Riffel OTHERS PRESENT Joseph C. Kemp, City Attorney Jimmy Jones, Gazette Reporter Lynn Davis, Democrat Reporter 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 unanimously. Action was taken as follows: Tract No. 1 - Z-2174 Uj {17Applicant: W.B. Putnam, for Shack, Inc. WLocation: 6318 Asher Avenue p„ Description. Lot 2, A.G.A.Replat of Requa°s Addition Classification.: "F Commercial District Variance. Requests a Variance from the Rear Yard �Y Setback Provisions of Section 43-15-(2) � of the Code of Ordinances to permit 0 construction of building within Rear Yard Set- m back Mr. W. B. Putnam was present and stated that they wish to set their building back to 20 feet in4tead of the required 25 feet in order to widen the lanes for parking in the front of the building. All the servicing of the public will be done from the sides, and there will be a brick wall separating this operation from Chateau de Ville Town Houses in the rear. By utilizing the additional 5 feet at the rear, there would be sufficient distance in the parking slots to back out, pass, or turnaround in the front aisle running east and west, and to have 20 feet in the rear with no parking, providing two lanes for a passage. This would give circulation in both directions Board of Adjustment Minutes - March 18,1968 around the establishment instead of in one direction. A motion was made that the application be approved as submitted, which was seconded and passed. Tract No. 2 - Z-2172 Applicants Arkansas Power & Light Company, for Annie Holland Locations 1800 Block between Cox and Caruth Streets Descriptions Block 15, West End Subdivision Classifications "A" -One -family District Variances Requests a Variance from the Use Provisions of Sec. 43-3 of Code of Irdinances to permit public utility in residential zone' Mr. Roy Hogan, Local Manager of the Arkansas Power & Light Company, was present to represent this application. Mr. Darrell Dover, Chairman, disqualified himself from participation and voting since he had an interest in this case. Vice Chairman Grundfest presided during this presentation. Mr. Hogan said that Arkansas Power & Light Company proposed to construct a substation on this tract of ground similar in nature to the newer substations they have built within the corporate limits over the last few years, having the same type of station, same voltage , using low voltage switch -gear contained in a metal house rather than the large open type as in the older ones. The necessity for requesting the variance and the building of the substation is due to.the considerable load growth they have experienced in the western end of the City of Little Rock, particularly from about West Markham and University south to Asher Avenue and on west from between these two points m West Markham Street and Asher Avenue. Mr. Hogan said they simply are find- ing it difficult to make their low load distribution circuits reach with the proper amount of power and proper voltage for customers in this area, and asked for favorable consideration of their request for variance. Mr. Ivan Weaver, 1411 Spring Street, was present in opposition, stating that he owned 18 lots there, some of which will be adjacent to this proposed improvement, and in his opinion this would disturb the value of his property. He wanted to know the nature of the installation, number of poles, etc., as his reason for concern was the fact that he had given an easement to the Arkansas Power &,Light Company twelve or fourteen years ago'for a single pole line. When the line came through, at the point of his property there were double poles with guys which destroyed one lot rendering it unsaleable. For this installation they propose to run heavy transmission lines across the center of Block 5, which is his property,he said. Mr. Weaver also stated that the substation would occupy the equivalent of a city block; that he had held that property for twenty years and hoped to realize something out of it. Mr. Hogan stated that the location of the lines are a matter that will be wo;ked out in detail at some later date and that their lines might have to come in from some other direction or it is possible they might have to purchase property for an easement. Page =2= Board of Adjustment Minutes March 18,1968 Mr. Williams asked Mr. Hogan if they had considered other sitfs for the location of the transformer plant. Mr. Hogan replied that they had done considerable looking in this general vicinity, primarily east of the location they chose, but some property owners with whom they had to deal were not interested in selling them their property and before they make any move to exercise any right of condemnation, or of eminent domain it is their policy to make a conscientious effort to obtain a site from a willing seller which is the point which they have now reached. The drainage problem (Rock Creek) in this area was a factor as it takes up a large block of ground and this situation affected how and where the substation would be built. Mr. Taylor stated that the Master Drainage Plan is a guide only, and in the case of Rock Creek there is a recommended 200 foot easement through this area, and unless the City would choose to buy the property, for drainage purposes, a property owner could build within the proposed easement. Mr. Weaver stated that he had rezoned a half -block of his property in this location as "Em1-A" for a nursing home which plan he has abandoned due to the excessive cost of site improvements required by the City. His property, he said, is not subject to flooding from Rock Creek as it is above the highest water level. A motion was made that the application be approved as submitted, which was seconded and passed. W Tract No. 3 m Z-640 Applicant: Wesley Hall Location: 8323 West Markham Street Descriptions Long Legal Classification: "F"-Commercial District Variance° Requests a Variance from --the Main Structure Provisions of Section 43m2m(5) of the Code of Ordinances to permit more than one main use on a lot Mr.Gene Lewis, Jr., realtor, was present representing Mr. Hall, the applicant, as well as the adjoining property owners to the west, and wanted to establish the fact that there is no joint development of these two tracts in prospect. It is Mr. Hall°s plan.to construct an office building on the site on 14 foot stilts to enable it to be visible,£rom West Markham Street. He.said.due to irregularity in lot size and shape the lot:- cannot be properly and fully developed without the requested. Variance, and due to the shape of the lot it is impractical to subdivide the lot, which is also occupied by a service station. A waiver of a 5 foot setback in the rear of the property was necessary, he said. A letter was read from Fire Chief Davis objecting to the construction of the building as requested by the applicant, which reads as follows: "This is to'advise that accord- ing to the attached plat pertaining to an office building at Rodney Parham Road and and West Markham Street, the driveway or accessibility is inadequate in our opinion. Furthermore, the far points of the building from Rodney Parham Road would be approxi- mately 300 feet, making it impractical from the standpoint of advancing fire hose lines. The elevation of the Texaco Service Station, immediately in front, is from ten to twelve feet higher than the proposed structure. We, therefore, recommend that the plans not be accepted due to it being isolated from public -right-of-way. Page =3= Board of Adjustment Minutes March 18,1968 "However, if such a plan is approved, we would recommend a driveway to circle the building with a minimum turning radius on all corners of twenty-one feet and a minimum width of said driveway to be at least twenty feet and designated as a "Fire Lane"." In view of the objection of the Fire Chief, a motion was made to defer action on this application until the April 15th meeting of the Board of Adjustment to allow the applicant to confer with the proper officials in the Fire Department and work out the difficulties mentioned. The motion was seconded and passed. Tract No. 4 - Z-2173 Applicant: Pleasant Valley, Inc. Location: NW corner of Pleasant Valley Drive and Hidden Valley Drive Description: Lot 9-A-Block 32, Pleasant Valley Subdivision Classification: "A" -One -family District Variance: Requests a Variance from the Use Provisions of Section 43-3 of the Code of Ordinances to permit construction of sales office in residential zone as set forth in Section 43m22m(c) of the Code of Ordinances. Inasmuch as there was no one present to represent this application, a motion was made to defer action until the April 15th meeting, which was seconded and passed. Tract No. 5 - Zm2177 Applicant: Park Place Baptist Church by B.G.Batson, Pastor Location: NW corner of 23rd and Spring Streets Description: Lots 7 and 8, Block 18, Fulton°s Addition Classification: "D"=Apartment District Variance: Requests a Variance from the Front Yard Provisions of Section 43-4 of the Code of Ordinances to permit parking in front yard space This application was _w_ith_h_e_ld by,the_Staff inasmuch as adjacent property owners were not properly notified of the meeting date by the applicant. Mr. Finley Williams informed the Board that the State Legislature had passed a law requiring the licensing of all surveyors in the State and suggested that in the future no plot plan be accepted by the Board of Adjustment unless it is signed by a registered land surveyor licensed by the State to perform this duty. A motion was made that no plot plan be considered by the Board of Adjustment unless signed by a registered land surveyor licensed by the State, which was seconded and passed. Copies of the Land Development Code were distributed to the Board members for their study. "There ei g no furt r siness, the meeting was adjourned at 2:45 P. M. Da Tell Tyell Dover, Chairman Hen M. e Noble Secretary Dave Grundlest, Vice