boa_04 15 1968(2)LITTLE ROCK BOARD OF ADJUSTMENT
MINUTES
APRIL 15,1968
MEMBERS PRESENT
Darrell Dover, Chairman
Dave Grundfest, Vice Chairman
L. Dickson Flake
W. Finley Williams
Scott Farrell
MEMBERS ABSENT
None
STAFF PRESENT
John L.Taylor
Louis E. Barber
Leon Sneed
Dorothy Riffel
OTHERS PRESENT
Paul Johnson, Jr., Asst. City Attorney
Jimmy Jones, Gazette Reporter
Lynn Davis, Democrat Reporter
There being a quorum present, the meeting was called to order by the Chairman at 2eOO
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-2177
Applicant: Park Place Baptist Church, by B.G.Batson
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
Mr. C. W. Shelton, representing the Church, was present.
This case was withheld at the last meeting due to the failure of the applicant to
properly notify adjacent property owners. Notices to the adjacent property owners
included an erroneous date of this meeting which made it impossible to hear the case.
A motion was made that the case be deferred, which was seconded and passed.
Board of Adjustment Minutes -
Anri1 15,1968
Tract No. 2 - 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: "All -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 a
residential zone as set forth in Section 43-22-(c)
of the Code of Ordinances
Mr. Floyd Fulkerson, representing the applicant, was present. There were no objectors.
Mr. Fulkerson stated that they plan to build an attractive sales office which will be
of movable construction and will be used for a period of three to four years. It
is their intention to move the present sales office across the street and enlarge
it.
A motion was made that the application be approved for a period of one ear subiect
to review at the end of that time, and based on the provision that the area be kept
neat and clean, grass cut, etc. The motion was seconded and passed.
Tract No. 3 - Z-640
Applicant: Wesley Hall
Location: 8323 West Markham Street
Description: Long Legal
Classification: "F"-Commercial District
Variance: Requests a Variance from the Main Structure
Provisions of Section 43-2-(5) of the Code of
Ordinances to permit more than one main use on a lot
Mr. Wes Hall, the applicant, was present and stated that this case was heard last
month and the only objection was from Chief Davis of the Fire Department. He said
that Chief Davis had been provided with the necessary documents that he requested,
and that his objections are no longer in effect.
Mr. Williams pointed out that there was also an objection due to lack of accessibility
around the building; that parking is indicated on the north side of the building.
Parking area would be provided underneath the building allowing 20 feet additional
maneuvering room on that side of the building. Mr. Hall said that the building would
be only one-story with the lower elevation open for parking. He was instructed to
write letters to the Police and Fire Department guaranteeing the maintenance of a
15 foot easement at all times across the Texaco property from Rodney Parham Road
which was done. This is an absolute easement, he said, and cannot be rescinded.
Proper fire lane signs will be posted as Chief Davis requested, said Mr. Hall.
Chief Davis stated that he had discussed this matter with Mr. Hall and told him that
his Department would have to have written authority from him for a fire lane to be
installed as the area is congested for the size building proposed. Since it will
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Board of Adjustment Minutes -
April 15,1968
be a one-story building with parking underneath, 56'X24', it does not constitute
the problem he originally anticipated it would. This would remove part of the Fire
Department's objection, he said. The construction for the proposed parking area
should have a width of 20 feet.
Mr. Hall responded that Texaco would provide access to this property, but only for
15 feet. Chief Davis said that the ideal would be to have a complete radius around
the building.
Mr. Hall explained that the reason why the building was placed as it is was to make
use of available parking in the best feasible manner, and he would like to build it
as is now proposed.
Mr. Barber suggested that Mr. Hall file a revised plot plan to reflect parking as it
will exist.
Mr. Hall stated that there will never be anything on the first floor (ground floor)
until such time as another opening is made under the property, and as long as access
is a 15 foot easement there never will be anything except parking under the building.
Chief Davis commented that the building could be faced east instead of north so
there would be a radius sufficient to circle the building.
Mr.Hall stated that he thought he'had satisfied all of the objections except possibly
the moving of the building, which he did not want to do for good reasons. The back
of the building, he said, would be exactly in line with the kindergarten and nursery
to the east. The property was zoned several years ago, and Mr. Hall said they are
desperately in need of office space.
Mr Williams questioned Mr. Hall about the grade of the driveway which might high -
center fire trucks. Mr. Hall said he would go into this before building.
Mr. Eugene Lewis, Jr., realtor, representing adjacent property owners to the west,
stated that in developing the shopping center next door to this property they have
been required by their tenants to develop Satterfield Street which runs parallel
to West Markham Street. They are looking into the possibility of using the 15 foot
access drive as one means of getting into this shopping center. "We talked to him
about purchasing this property in order to give us this easement into the property.
Texaco's attitude towards this driveway is that we could use 22' in order to have
a double lane street in there as long as we did not mark it off as such. We could
not stripe the street showing boundaries of it, but would allow us to use this in and
out for shopping center access. It would be much more desirable to develop Satter-
field Street", he said.
Mr. Hall said to mark the 15 foot easement would be defeating the purpose of double
lane usage.
Chief Davis said Mr.Hall had given the Fire Department a letter of authority and as
long as that authority exists the Fire_ Department can keep the fire lane open.
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Board of Adjustment Minutes
April 15,1968
A motion_ was made that the Variance be approved provided that the applicant provide
a legal 20 foot clear right-of-way, or provided that lie turn the building allowing'
a 25 foot radius around the building; that a new plot plan showing appropriate
parking and elevations be furnished and checked before final pavement is laid which
would allow fire trucks to have proper ingress and egress with reference to high
center of the trucks; that in no case shall the setback be less than that allowed for
this zoning; that the applicant file necessary documents for permanent authority
for the fire lane in this easement area whether it be 15 feet or 20 feet, and post the
appropriate signs not allowing parking. The motion was seconded and passed.
Mr. Joseph C. Kemp, City attorney, was present, and said his purpose "was to present an
order of the Circuit Court in connection with a petition by the Arkansas Power & Light
Company for a variance in connection with a substation on Rebsamen Park Road which this
Board of Adjustment denied some months ago. It was subsequently appealed to Circuit
Court and then to Supreme Court. (A copy of the court order is attached hereto and made
a part of these minutes.) Mr. Kemp stated that the decision in the Arkansas Power & Light
Company case (Z-1896) was reversed and it is granted permission for the variances as
requested, and the Power & Light Company was interested in expediting this matter if the
Board of Adjustment would care to do so at its earliest convenience.
Mr. Dover, Chairman, disqualified himself, since he had an interest in the case.
Mr. Kemp said that it might be helpful to the Board to know that all parties interested
in this matter - the petitioner andprotestants - have reached an understanding which
has been reduced to writing which will afford the protestants some protection from an
aesthetic standpoint to minimize the damage to their property values. It was part of
the judgment of the lower court, and was signed by all parties, said Mr. Kemp.
Mr. Farrell asked if allof the citizens were happy with the decision, to which Mr. Kemp
replied that they signed this settlement agreement which reflected the thinking of all
participants - they were all parties to the litigation and all parties to the settlement
agreement.
A motion was made that the petition for Variance be approved in view of the court order,
which was seconded and passed.
Mr. Robert Chowning, Attorney for the []n on National Banlc; was present in regard to
permission to erect a sign larger than permitted in an "E-1" Quiet Business Zone.
(Case Z-1930) He said in February he appeared before the Board asking for a variance in
an 11E-1" zone for an 8 square foot restriction for a sign. The Union National Bank would
like to build a drive-in banking facility at 8200 Geyer Springs Road on property on
which it has an option. This property, he said, has been up for "F"-Commercial rezoning
on several occasions, which the Planning Commission has denied. They then requested
Planning Commission approval for a drive-in bank in an "E-l" Quiet Business zone. By
ordinance it is now permissible for a drive-in bank operationin an "E-l" zone. The Bank
then was advised to petition the Board of Adjustment for a waiver of the 8 foot sign
requirement in this zone. A drawing was presented with the application for a 159 square
foot sign which the Board thought was too large and asked for a drawing of a smaller
sign. After discussion with the Staff, a new drawing was presented which the Staff felt was
out of their discretion to approve. The proposed sign now contains 128 square feet, and
is 23 feet high. Mr. Chowning said they felt that they have to have some visual advertising,
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Board of Adjustment Minutes -
April 15,1968
and requested the Board to Authorize a sign that they "could live with", and as large as
the Board would approve. He said he knew the City has had an interest in controlling the
zoning in this area, and in this property; but the area is becoming essentially commercial,
and the signs all around are large.
Mr. Kearney Dietz, an officer of the Union National Bank, stated that the bank is trying
tochange the image of the bank symbol which has been a shield for 65 years. "It is most
important to us", he said,"that this branch sign have an elevation with a high degree of
visibility which could be seen from several directions", and requested the Board to grant
their request.
A motion was made that the application be approved as submitted, which was seconded and
passed.
Mr. Scott Farrell was critical of the decision stating that "the City as well as architec-
tural groups have been trying to beautify the "City", and in his opinion the Board should
exercise more discretion in the interest of public welfare. He added that the Board of
Adjustment was set up primarily to handle cases of hardship as set out in the zoning
ordinance where strict enforcement of the Code would cause undue hardship due to
circumstances unique to the individual property under consideration.
There being no further business, the meeting was adjourned at 3:30 P.M.
Henry M. de Noble,
Secretary.
Darrell Dover, Chairman
Dave Grundfest, Jy7, Vice C _rman
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