boa_10 16 1967OCTOBER i6,i W
MEMBERS PRESENT
W. R. Meeks, Chairman
W. Finley Williams
,--.Dave Grundfest, Jr.
* Scott Farrell
Lei Darrel l Dover
ifs
MEMBERS ABSENT
(, None
0 STAFF PRESENT
MHenry M. de Noble
X John L. Taylor
C) Louis E. Barber
0 Dorothy Riffel
..OTHERS PRE -SENT
Perry Whitmore, Asst.
Jimmy Jones, Gazette
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LITTLE ROCK BOARD OF ADJUSTMENT
MINUTES
City Attorney
Reporter
9!0n 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-2132
Applicant: Richard F. Torrence
Location: 1007 Victory Street
Description: Lot 3, and the South 30 feet of the
West 70.5 feet of Lot 2, Block 326,
Original City of Little Rock
Classification: "D"-Apartment District
Variance: Requests a Variance from the Rear Yard
Setback Provisions of Section 43-13 of
the _Code of Ordinances to permit an
addition to existing kindergarten
Mr. Richard F. Torrence, the applicant, was present and stated that he had a
nursery and kindergarten at 1007 Victory and wanted to enlarge it and is in
process of acquiring the south 30 feet of Lot 2. The new construction on this
portion of Lot 2 would be 34' X 25' on a lot which is 70.5' X 301. Wien asked
if he could buy 5 feet of additional space to the west, he explained that this is a
11scrap piece" of land adjoining his property which was created by the Housing
Authority, and that he could not build the proposed addition on the rear of Lot 3
because it would not be as convenient since the kitchen and rest rooms are in the
rear and he would have to move the existing playground equipment which is now located
Board of Adjustment Minutes
October 16,1967
on the rear of Lot 3. A drive and garage easement, exists on the property on the north
and adjacent on the east of the tract which the Housing Authority proposes to sell
to the applicant. This easement would insure adequate rear yard space for the
proposed addition to the present structure.
A motion was made that the application be approved as submitted, which was seconded
and passed unanimously.
Tract No. 2 - Z-2134
Applicant: Bishop Albert L. Fletcher
Location: 2400 Block North Tyler Street (St.John's
Seminary property)
Description: Long Legal
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 church offices
Mr. Thomas J. Bonner, attorney, representing the applicant, waspresent who stated
that the request is to construct a new building on what is actually St. John's
Seminary property which has been used by them since 1916, and would be used to
replace the present office headquarters. He said that the City Attorney's office
had indicated that the zoning ordinance (Section 43-22) would construe its use to
be that of a school or a philantrhopic enterprise, and would not need Board of
Adjustment approval, but thought it wise to do so in case there might be any
complaints. Its use will be that of a State School headquarters for all Catholic
schools, and also could be construed as Church headquarters for the State, and will
serve primarily for office use, but that they will continue the institutional use
of this property. As to parking space, he said, there is almost unlimited parking
area, but that they would provide specific space for this building.
A. motion was made that the application be approved, which was seconded and passed
unanimously.
Tract No. 3 - Z-1525
Applicant: W. E. Beaumont, Jr.
Location: 516 South Rodney Parham Road
Description: Long Legal
Classification: "E-1-A" Nursing Home, Lodging and Under-
taking District
Variance: Requests a Variance from the Front Yard
Open Space Provisions of Section 43-2-(H-b)
of the Code of Ordinances to permit parking
in Front Yard space - and a Variance from
Section 43-14:1 to permit construction in
the Rear Yard Space
Mr. Beaumont was present and stated that although there is adequate parking space
along the side of the building to meet the requirements of the City Code, it is
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Board of '" US'k?i?ent Minutes—
October 16 196-"
! inadequate for thcei r a ctuai - ei r pa Tents are there f o- c;nA a
short time and i,ave more visi'e.r;- orsd he ;, =
r�+l; ? ;'.:: cave the a ; across r�
front of the pro (7rt for`'r' ?"? 1', i� (; r i r° - r� r r:':
,ar!<in sa irlrnz�cliatel and nc:�:'s-�ti fi cGnsiructi ; ,
J 9 .. 'inn VET the nei/�f a�` _ :G;s i:i;3 !
next Spring, �e also s-_ated that ro,'erty 'fC, ',;,- v -;r:y V,f?s;r
n be i on :-
niother's estate, would not be available for purchase for" several years:
Mir. Farrell expiairied `to ;Air. Beaumont that the Board of Adjustment has the power
to a:+, on CraSe3 of i'33r ishd?7, Ou-t does not 'lave he, power to allow private enterprises
::c ever -build anarea and as a consea,,Aence ha-c: ...; movo 'Ito by Setback area to
i•: .J I'il?E't parks ng for anoth Car building, ding, °;ihiah , S
'e also said tliaL =,� .SC'i= o"rqui r(nment.s were rie� r i 'i- re -- -
, e e req? _n provide de for ,:or g r-,; •:a•eas ,
necessary visual aids at i ni:ersect ions, etc, anii -tIiat in his opinion the Board h s
no a u t h o r i IC to a1, 1 rjw t h i s Lype or er.croa-hrnen 3t.
Mr.Deaumont said that. he is riot aware of any other setbacks on Rodney "arham Road
and Lhat this parking area had been designee; to conform to other property in this
area. I'Ir. Taylor tpldi p1"=.^i "i.113'4. the apartment i,f"a.%: 'GSS file street was required
to maintain the 25 foot set' a7c:, ,
T ile new adds tl on. III!-, `Pe IU fon`. %`d ?; :rJ�l i CI -I woul d rot ne cons tr ucteC until Spri n
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of ftxt year, would- have, 35 additional beds in addition to the 61 beds in the
existing structure. He said he had not been able to acquire adjacent property
on which there is a substandard building for additional parking.
A MWGh W&S maOe that the application be denied, which was seconded and passed
unanimmous 1 y.
Tract ifio. 4 •- Z--2137
Applicant: Victor Menefee
(Location: 4923 Hawthorne Road
Description: Lot 5, Block 14, Newton's Addition
€iassification: i9All-One-family District
Variance: Requests a Variance from the Rear Yard
Setback Provisions of Section 43-12 of
the Code of Ordinances to permf t canstructi an,
in the Rear Yard %pace
Mr. Menefee was present to represent his application. He stated that he would like
to build a carport connected to his existing residence, and to build the east wall
on the property line, as- we'll as the sAtAth.;wa11- There have been no objections fr'orn
the neighbors . to this addition.. he said, and the only reason that it was necessary
to have Board of Adjustment approval was the fact that the proposed addition, was:
to be connected to the house.
Mr. Meeks explained to Mr. Menefee that the Board of Adjustment has no a:uthari•ty
to waive the conditions of the Bi 1 1 of Assurance in this subdi vi siGn as to s.etloacic
requirements and suggested that he investTgate=`this si-tuation.
Rmotion was made far ap ava1 �rovi dad the Bill _ of A.ssura�ce is not violated. The.
motion was seconded and passed. Mr. Vi1liams a staNne , _ ���
(#bard of Adjustment minutes-
VOctober 16, 1967
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Tract No. 5 - Z-2138
Applicant:-
Location:-
Description:
Classification:
L�3
Variance:
d
Union National Bank of Little Rock
400 Block of Louisiana Street (east side)
West Half Block 75, Original City
"H"-Business District
Requests a Variance from the Height
Provisions of Section 43-19 of the Code
of Ordinances to permit construction of a
building in excess of permitted height.
0 Mr. Kearney Dietz, a representative of the Union National Bank of Little Rock, was
0 present to represent the application. All adjacent property owners, he said, had
been properly notified by registered mail. A variance is requested from the height
provisions of the zoning ordinance to permit a building,in excess of that permitted.
Mr. Dietz stated that they had received permission from the Federal Aviation Agency
for this same variance which had been granted.
The request is for a 300 foot building, which is the same request as was made to
FAA. A motion was made for approval of the Variance, which was seconded and
passed unanimously. -'
Tract No. 6 - Z-2139
Applicant: Worthen Bank & Trust Company
Location: 4th & 5th Streets between Louisiana and
Center Streets
Description: Lots 1 through 8, and the South 16.8 feet
of Lot 9, Block 84, Original City of Little
Rock
Classification: "H"-Business District
Variance: Requests a Variance from the Height
Provisions of Section 43-19 of the Code
of Ordinances to permit construction of a
building in'excess of permitted height.
Mr. Frank T. McGehee, a rep'resen.tative of the Worthen Bank & Trust Company, was
I present to represent this application for variance, and stated that his case was
Ld similar to that of the Union National Bank with one exception. He'said they had
W talked with the 'FAA but did not have written approval from them. The elevation of
< their building will be lower, than the Union National Bank building site and will
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CL have a height of 300 feet. The building will be 18 stories high.
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A motion was made for. approval of the variance, which was seconded and passed
..� unanimously.
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Board of Adjustment Minutes -
October 16, 1967
OTHER MATTERS
Z-2118 - Dr. John Samuel - 5813 West Markham Street
Mr. Byron Morse, representing the owner of the property on "A" -Street - Dr. Samuels -
was present. He appeared to furnish the Board additional information and to ask
for a reconsideration of this case which was denied at the September 18,1967
meeting. Mr. Meeks asked him if he was going to ask for a rehearing, to which he
replied in the affirmative. He was told that he could present new evidence, and
then the Board would vote which would have to be unanimous for a reconsideration.
Mr. Morse said that he was aware that the. Board does not like to grant front yard
space to be used as parking, but that both of these lots are older lots; that the
Planning Commission at the present time would not approve them at all as the
smallest width we now have is 65 feet. This lot is 53.5' X 126' and when it was
platted there wasn't an alley in this particular block, and that it is a hardship
lot to start with. He said this -is a problem area with congested traffic, and
certainly they want to put in required parking, which is 6 spaces. Dr. Samuels
is going to buy the lot on Markham Street (he already owns the one on "All Street)
and in his opinion there is no question but that later on the whole area will be
"E-111. "It is ridiculous for the man to tear down this one-story brick residence
when it is a nice house which brings in good income. They are complying with setback
requirements of 25 feet in rear and front yard, and not creating a problem of
density, but they are simply trying to make it a little easier to drive around
the building and have a cbupl,e of spaces to park. Since he owns both lots (see
above statement, ed.) all he=has to do is pull over on the other side and park
automobiles, but that is not his intention of what he wants to do. He wants to do
it properly and wants to ask the Board to grant a Variance and let him have four
or five parking spaces on the rear of the adjacent lot. In innumeral cases, the
Planning Commission and Board of Adjustment has allowed parking on another lot which
is not zoned exactly the same as the lot on the front, and using the space for
parking in conjunction with a building that already exists in,a non -conforming way,
but Dr. Samuels does not want to put that much money into a building and have it non-
conforming in any way." It is a real problem for people to use property to its
best advantage and in his opinion that is what the Board of Adjustment is for - to
help people do what they want to do and still -comply with the intent of the zoning
ordinance. In this case, he said, Dr. Samuels' intention is not to circumnavigate
any of the major ordinances and does not think this is a request that is out of
line.
Mr. Meeks pointed out that this is a rezoning question, and on this particular piece
of property there is a question of a joint use, which the Board of Adjustment has
no prerogative to decide. He also stated that other parcels of land are to be
involved in the future and that a study should be'made of the area from Van Buren
Street to St. Vincents which has idential conditions and most of the
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Board of Adjustment Minutes -
October 16,1967
consensus has been that the majority of this area will eventually be "E-1" Quiet
Business classification. The Board in the past, he said established a precedent
of complying with the ordinance and it should not take "spot" instances and waive
this regulation for certain use, and that the whole area should be re-evaluated
with this in mind, which should be for the Planning Commission to decide.
Mr. Taylor said at the present time a study is being made of the area from University
Avenue to Van Buren Street, from Markham Street to Lee Avenue - of the entire area -
to see what is existing and if any changes are necessary, and it should be presented
at the November or December meeting of the Planning Commission.
Mr. Meeks stated that he would not be in favor of more than one use on one lot
and suggested that the Board wait -until after the study is completed and then hear a
request for a rehearing or a new application.
Z-1874 - George Cook - 3815 Kavanaugh Boulevard.
Mr. Cook stated that in a meeting with Mr. Taylor and Chief Davis while trying to
work out the details for fire lanes and proposed driveway that was recommended on
the east end of Building 5 at the October 2nd special meeting, there was apparently
a misunderstanding on his part regarding the amount of space at the east end of
Building 5. After hearing a replay of the tape of this meeting, it was confirmed
that "you did ask for a 31 foot space at the east end of this building with a 20
foot paved space for a driveway., The Chief was in agreement with the plan, as 18
to 20 feet would allow him enough room to move his fire equipment around there,
but there is not 31 feet left available in the amount of space that is there. We
can provide the 20 feet which is comparable to the east end of Building 3 as that
is the premise on which this matter was based at the last meeting. We don't have
room for a total of 31 feet between the end of the building and the east property
line."
Mr. Taylor said that the motion that was made at the last meeting was that the
building would be 31 feet from the edge of the building to the property line.
Mr. Cook said "that in looking at it with the Chief this morning, we were looking
at it from actually what is required rather than a set dimension of 31 feet which
is what is on the north building."
Mr. Taylor said they were going to take a ladder truck out there and see what is
necessary to go around the east end - because both situations are the same.
The Board did specify a 31 foot dimension which I believe came from the fact that
the north Building 3 is situated 31 feet from the property line. The Board did
want to give the Staff, the Fire Department an'dthe Community Development Depart-
ment the opportunity to work out what is necessary for a convenient turn -around.
Mr.Farrell stated that the figure of 31 feet was arrived at from a physical test that
the Staff and Fire Department made on the site itself. Mr. Taylor said that they
could build a 20 foot road around the east end of the building #5 and give the Fire
Department enough space to get fire equipment around it.
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Boardof Adjustment Il4Mi nutes-
October 16,1967
Since the wall existing at'Building #3 has been torn down several times, Mr. Cook
said they were going to replace it and move it over 2 feet which would alleviate that
situation.
Mr. Farrell asked Mr. Cook what would be the minimum he could adhere to and his
reply was 1120 feet". He said the 31 feet was not roadway, and in the Board's
recommendation there was only to be a 20 foot driveway there which, of course,
they could still do, but of the 31 feet only 20 feet is usable.
A motion was made that'the application be approved subject to a physical test by
the Fire Department and the Staff being run in an effort to determine proper
clearance for necessary fire apparatus to negotiate the turn -around at the east
end of the Building #5, and that this dimension be not less than 20 feet from the
building line to the property line; that all driveways have a minimum width of
20 feet; that two additional fire hydrants'be installed where indicated on the
plot plan and as required by the Fire Chief; that fire lanes be provided around
Buildings 1, 3, and 5 as required by the Fire Chief; that curb and gutter be provided
on North Lookout Street; that grades and turning radius of the driveway be checked
out and physically verified by -the Fire Chief and the Department of Community
Development just prior to the construction of the base or any permanent construction;
that a report be made to the Board as to the final determined grades. The motion
was seconded and passed unanimously.
Mr. Meek expressed his pleasure in serving the City over the years during his tenure
on the Board of Adjustment and the association with its members. Mr. Meeks has resigned
due to pressure of other duties, particularly his recent election as a member of the
Little Rock School Board.
Mr. Farrell made a motion that the Board address a letter to Mr. Meeks in its behalf
for his devoted service to the City of Little Rock, and that be -granted a citation
expressing appreciation for his efforts as a dedicated public servant throughout his
many years of service on the Board of Adjustment. The motion was seconded and passed
unanimously.
There being no further business, the meeting was adjourned at 3:15 P. M.
Henr M. de Nob e,
Se retary.
�.4+'� ���L•LJ
W. R. Meeks, Chairman.
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