boa_11 20 1967LITTLE ROCK BOARD OF ADJUSTMENT
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NOVEMBER 201967
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MEMBERS PRESENT
Scott Farrell Acting
Isms Finley Williams
Darrell Dover
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L. Dickson Flake
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MEMBERS ABSENT
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Dave 0rundfest, Jro
STAFF PRESENT
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Heavy Ma de No -le
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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:
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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
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12 floors above existing 8 story building
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Mr, Donald K. King, attorney,
representing the applicant, was present. He
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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
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of a tower having a wall
closer than 20 feet to the lot line. The applicant
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would like to construct
a microwave tower 231,5 feet in height above the street
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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;
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Board of Adjustment Minutes -
November 2091967
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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
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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.
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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)
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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.
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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
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tary. Scott F6rrells, Acting Chairman