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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 Page -2- 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. Page -3- 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, Page -4- 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 Page -5-