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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 bl� LL9 l) LLJ CL. 1� 0 0 M 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 Page -2- 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 9 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 r 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 LU CL have a height of 300 feet. The building will be 18 stories high. �„ 9 9 9 A motion was made for. approval of the variance, which was seconded and passed ..� unanimously. Cr 0 0 Page -4- M 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 Page -5- 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. Page -6- 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. Page -7-