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boa_11 20 1967LITTLE ROCK BOARD OF ADJUSTMENT MI NOVEMBER 201967 w MEMBERS PRESENT Scott Farrell Acting Isms Finley Williams Darrell Dover Ld L. Dickson Flake U) < LU MEMBERS ABSENT a CL Dave 0rundfest, Jro STAFF PRESENT C[f Heavy Ma de No -le 0 John L. Taylor Louis E. Barber Dorothy Riffel Chairman OTHERS PRESENT Pe:ry Whitmor�eo Asst. City Attorney 2oOO P.M. There being a quorum present, the meeting was called to order by the Acting Chairman at 2200 Po M. A motion was made for approval of the minutes as mailed, which was seconded and passed unanimously, The first order of business was the appointment of a temporary chairman for today°s business in the absence of the Chairman, A motion was made that Scott Farrell act as Chairman, which was seconded and passed unanimously. Action was taken as follows -. Tract No, 1 m Z-2143 Applicant: Southwestern Bell Telephone Company Location° 700 Block of Louisiana Street (Cast side) Description.- Lots l through 6, Block 72, Original City Classification. "HII-Business District: 0 V/arianceo Requests a Vlariance from the Height Provisions of Section 43-19-0) of Cod- of Ordinances to permit construction of masonry t-,,er 231.5 feet above street line and future addition of u) 12 floors above existing 8 story building W CL Mr, Donald K. King, attorney, representing the applicant, was present. He 66 stated that the Ordinance (Section 43) prohibits the erection of a building exceeding a height of 8 stories or 100 feet and also prohibits the construction ZD of a tower having a wall closer than 20 feet to the lot line. The applicant IX would like to construct a microwave tower 231,5 feet in height above the street 0 0 IM A Board of Adjustment-A#nutes November 20 1967 _ line and authority to.construct an additional '12 floors at a future date above the present 8 stories of the.newest addition that'has just b�:en built at 715 Louisiana Street. Mr. King explained the necessiry for the ,O timate additional 12 stories at the present location based on projected growth,, and the fact that it would not be economically feasible to move their equipment to another- location with the duplication of land, building and switching equipment plus an astounding Investment in interconnection between the two locations. Mr. King explained'that while it would be possible to enlarge exisving tower to handle a total of seven antennae at 715 Louisiana, they had elected to place a new tower on the 8=story bui 1 di ng addition with its height of 231.5 feet providing less interference on the systems and which would be aesthetically compatible with: the new building. FAt approval has been obtained for this structures Discussion was had as to the Board's authority to grant a waiver for the additional floors for future construction, and Mr. King said that they are asking for this permission now" as it wi l l defi ni tel y affect their planning since the laying of underground cables at this location will cost $19000,,000. and they would have to take this into consideration if the height variance was not allowed. Mr. 'Farrell stated that the Board is of the opinion that this ordinance is antiquated and should be revised so that height limitations on d�wnt®wn Little Rock bui 1 dings- woul d-not be necessary and requested a letter be N' i tten .to the Board of Directors advising them of same. A motion was made for approval of the application as submitted, which was seconded and passed unanimously. Tract No. 2 - Z-2148 Applicants Arkansas Baptist Medical Center Locations. 1200 and 1300 Alock of Marshall and Bishop Streets Desc,ription-. All. of, Blt:ck 3. and the ?k2 of Block 119 Centennial Addition Classifications "C"-Two=family and 0°E0'=Apartment ;Districts Variances Requests a Variance from the Use Provisions of Section 43-4 of the Code of Ordinances to permit a parking lot - also a Variance from the Front Yard Setback Provisions of Section 43-12 of the 'Code of Ordinances to permit parking in Front Yard Space. Mr. Henry Spitzberg, Attorney, representing the applicant,, was present. This applicati.an,, he said, covers a full block in Block 3. Centennial Addition between Bishop and Marshall;,Streets,.and between 12th and 13t"; Streets, and the north half of Block 11 'lying immediately south of Block 3, which prope-ty was acquired very recently by the Medical Center from the l_i ttle. Rack Housing Authority for the purpose of a parking facility for the employees and tenants of the Medical Page =2- Board of Adjustment Minutes.- November 20.1967 Center and of the Medical Arts Building,, immediately north of the Center itself and adjacent to the surgical annex to the Center. Mr. Spitzberg also said that while the negotiation for the sale of the property was actually pending,, the Medical Center presented to the City Board a request that 12th Street be vacated between Bishop and Marshall Streets; that the street had been vacated between Marshall and Wolfe Streets, and Bishop and High Streets. Also the alley in Block 3,, and a portion of the alley along the north half of Block 11 be closed specifically for the purpose of installing a parking facility for the Hospitals and an ordinance was adopted by the City for that specific purpose. Now, he said,, the Medical Center, is requesting a waiver of that portion of the zoning ordinance that limits the use of the property to the "CI" -Two-family or "Ell -Apartment zoning classifica- tion,, and also requests that in order that they not lose 25 feet of parking space on the east and west sides of the property.that that particular portion of the ordinance (43-12) be waived by the Board of Adjustment. Mr. R. H. Hagaman of the Baptist Medical Center was present as was Mr. Charles Rush of the Little Rock Housing Authority, Mr. Spitzberg said that Mr. Rush had written a letter to the Board of Adjustment raising some question of the waiver of yard space requirement in view of the fact that the Housing Authority,,:in its sale to the Medical Centers retained some control of the type of construction that would be placed on its and that the type of use would be in accordance with the plans approved by the Housing Authority which they are under contract to submit to the Housi gag Authority. He assured the Board that notwithstanding the action of the Board of Adjustment that the objection of the Housing Authority would:be fully protected and safeguarded in that they would not proceed with any development that is not approved by that Authority. Mr. Rush# of the Housing Authority. said that they had no objection whatsoever to the Vaeiance-ftr parking for this area as parking in this area more definitely meets the objectives of the Urban Renewal Flan for this Project and thinks it is needed. Their letter did state that the Little Rock Housing Authority did reserve an objection`to the Variance'in the front yard space based on the fact that they had not reviewed and approved the final development plans; that in talking with Mr. Spitzberg,, he understood that a final development plan cannot be prepared and submitted to the Housing Authority until such time as the necessary City requirements are met, and that they would withdraw their objections subject to not waiving their rights in the contract to approve final plans which would not be submitted until the waivers are'granteds but that there is nothing specific In their application that the Housing Authority objected to. A motion was made for approval of the application provided 12th Street is reconstructed to standard driveway width and -grades at,Bishop and Marshall Street entries; that sidewalks are constructed or reconstructed as required by Public Works 'Division; that a green area of a minimum of 10 feet is provided on the east And west side of the block betweeh'12th and 13th Streets,, Marshall and Bishop Streets; that a green area of a minimum of 20 feet it provided on the east and west sides of the tract south of 13th Streets and between Marshall and Bishop Streets$ and also screened on the youths east and west sides of subject property; Page -3- Board of Adjustment Minutes - November 2091967 b L� �C W CL C� 0 M E4 �10 L�1 LJ IL 0 nz that existing driveways be closed, not indicated for use by the Plan; and that the parking area be paved with a high type pavement. The motion was seconded and passed unanimously. Tract No. 3 m Z-2140 Applicant: tugene Pfeifer Locations 92 'Overlook Drive Descriptions- -L6t--#1 Overlook Park Subdivision Classification: °1Aa"mOnemfamily District Variance$ Requests a Variance from the Yard Space Provisions 9f Section 43-12 of the Code of Ordinanoes to permit construction of sign In Front Yard Space - also a Variance from the Use Provisions of Section 43-3 of the Code of rdinances to permit subdivision sign larger than permitted by ordinance The applicant was present who stated that he wants to erect a decorative entrance wall 'in the location as shoWn on his sketch with letters giving name of the sub- division. No other advertising matter would be on the wall sign. There have been no objections,' he said, ':and the.• reaction of the existing property owners were in favor of it if it were well designed. This would not be considered a temporary sign, and would be installed on one of the lots of record and would remain there unless the buyer of that lot objected to such an arrangement. A motion was made for approval of the application as submitted, which was seconded and passed unanimously. Tract No. 4 e 2-2146 Applicant., Texaco, Inc. Location., 6724 Asher Avenue Description; Tract "All- School wood Subdivisions Classification: 'IF" -Commercial Distr ct I Variances Requests a Variance from the front Yard Space requirements of Section 43-15 of the Code of Ordinances to permit construction of a canopy over pump islands. Mr. M. F. Mobbs, Construction Engineer for the applicant, was present representing the'application. He stated that they intend to remodel this service station and they are requesting a waiver to construct a free-standing canopy over the pump islands. The existing pump islands now are behind setback line,•but the canopy would cantilever over the setback line. It would stand approximately 12 feet in the airg and he said it would not hamper visibility., and is mainly to remodel and upgrade the station. Page -4- Board of Adjustment Minutes - November 20,1967 Discussion indicated that this station was built in 1960 prior to the time the area was annexed to the City and before the adjacent subdivision, Schoolwood, was platted. A motion was made for approval of the application as submitted, which was seconded and passed unanimously. Tract No.'5 - 2-2142 Applicants A.'G. C.-Corporation by Edward Lester Locations 6201' Ash er Avenue Descri p ti onv Lot--3, A.- G. C. Addition Classification: "F11-Commercial District Variance: ,Requests a Variance from the Main Structure provisions of Section 43-2m(5) of the Code of Ordinances to permit more than one main structure'on a lot Mr. Edward Lester, attorney representing the applicant, and the L & M Development Corporation, which has a thirty year lease on the 501X2450 strip plus a strip of land immediately adjacent"on the south which is part of the K-Mart Shopping Center, was present. This entire _ tract is owned by the A.G.C.Corpora tion - a 30 acre planning area for the K-Mart Shopping Center under one ownership. This location is between the`First National Bank drive=in facility and a car -wash. The construction will be a one-story office building i. for two tenants. The lot is 1721 X 1500 which Mr. Lester -said was adequate area to support two buildings. The two ownerships which include Lot 3, and a strip,�ust south of it 759 X 501 are to take care of parking. A motion was made that the application be aRproved as submitted, which was seconded and passed. Mr. Finley Williams abstaz`neg, IV. OTHER MATTERS m (Not Advertised) z-E911 Applicants Allen Green and Associates Location: 6200 Asher Avenue m 6300 Asher Avenue Descriptions Long legal- Requa°s Addition Classifications 11Em111 Quiet Business District Variances Development Plan consideration on Chateau de ,Ville, 6200 Asher Avenue in compliance with Board of,Adjustment actin on July 8, 1966 and revised Development Plan On written request (received on November 20th at noon) the applicant asked that the case be withdrawn and not be considered by the Board at this time, and indicated the possibility that they might propose an p1E-111 Quiet Business use of the middle tract. Page -5- Board of Adj us tenant, Mi nutes - November 20,1967 There were approximately 25 adjacent property owners present in opposition who were represented by Bennie J. McCoy as spokesman. Mr. McCoy who lives at 23 Purdue Circle, said that this matter came up about two years ago, when they objected to the construction of a total energy plant for Chateau de Ville, Town & Country Shopping Center, and a proposed office building on the''tract. He learned that the power plant was again being considered upon examination of the plot plan of the proposed new development at this location, and that this is their primary concern. A protest petition signed by 27 property owners and residents in the College Terrace Addition on Purdue iCircie and Fairmont Drive was filed which enumerated three principal objections: (1) that -it subjects the adjacent property owners to the hazards of loud and undesirable noises generated by the engines and evaoporative coolers associated with such a fa,cil'ity, and vapors from the evaporative coolers, (2) that the construction of a power plant in Apartment zoning destroys the principles of zoning whereby apartments are used as a buffer between residential and commercial development, (A and that the construction of subject power plant would set a serious precedent that would hamper the proper development of the City. He said that this generating plant is an industry - a business - a commercial development - being injected between the apartment complex and "A" Residential property which was developed six or eight years prior to the development of Chateau de Ville. Mrs. Curtis V. Packard''., 29' Purdue Circle, was present and stated her objections. She said that the prevailing winds and the contour of the land is such that the placement of this power -plant near the laundry plant would tend to waft the vapors, odors and noise into their area, and if another bui.l di ng. of . that nature were constructed there, it would ruin the residential area. Mr. Roy Hogan, local manager of the. Arkansas Power & Light Company, was present. He said that it was not clear from the application whether or not this would be a power plant. If the Board was going to consider a power plant, he was interested - otherwisis he had nothing to say since it would not be officially considered at this meeting. Mr. McCoy asked that when A ey receive official. notices again, he would like for them to show specifically whether or not the power plant would be considered. He was told that the.!noticea would have to contain,whatever they propose whatever variances they want considered. There being no further business$.the meeting was adjourned at 4a00 P. M. I n y�Her o e , tary. Scott F6rrells, Acting Chairman