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boa_12 18 1967LITTLE ROCK BOARD OF ADJUSTMENT MINUTES DECEMBER 18.igO MEMBERS PRESENT_ Dave Grundf est, Vice Chairman Scott Farrell L. Dickson Flake Finley Williams MEMBERS ABSENT Darrel 1� Doves STAFF PRESENT Henry ^M. de Noble John L. Taylor Louis E. Barber Leon Sneed Dorothy Riffel OTHERS PRESENT_ Perry Whitmore, Asst. City Attorney 2000 P.M. There being a quorum present, the meeting was called to order by the Vice Chairman at 2:00 P.M. A motion was made for approval of the minutes as mailed, which was seconded and passed unanimously. 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-2152 Applicants Arkansas Power & Light Company Location: 900 Louisiana Street Descriptions All of Block 89, Original City Classification: 01I"mLight Industrial District Variance: Requests a Variance from the Height Provisions of Section 43-19 of the Code of Ordinances to permit constri:uction of a tower 32 feet high on top of existing building for a total of 90 feet above curb grade Mr. Roy Hogan, representing the Arkansas Power & Light Company, the applicant was present and stated that their application was for the construction of a communication tower on the roof of their general office building at 9th and Louisiana. The purpose of this towere he said, is to increase and expand the communication facilities of the company having to do with telemetering primarily, voice communication and power dispatching within his company and within the adjoining sister companies and other electric utilities with whom they are Board of Adjustment Minutes December 18, 1967 associated and with whom they pool their power. Mr. Hogan said they had had a micro- wave communication system in operation for a number of years, and they are now asking for permission to terminate microwave communication directly into their building rather than to use other forms of communication. The tower is 32 feet high, which is not the usual antenna type mass, but rather will be a figure with four sides radiating from the central pole m or four legs radiating out which will be of colored aluminum and will be lighted for aesthetic effect. The dish of the microwave will be enclosed in an 8 foot plastic ball ® again for aesthetic effect -and to try to hide the bare antenna and microwave dish. They intend to do some lighting of this antenna at night and display the company emblem on the 8 foot ball which will house the microwave dish if the application is approved by the Board of Adjustment. The necessary clearance has been given by the FAA, and this matter has been checked with the manager of the municipal airport as well. A motion was made that the application be approved, which was seconded and passed unanimously. Tract No. 2 m 7-1804 Applicant: Jett Ricks Location: 5618 "'B"' Street Description° Lots 16 and 17, Block 1, Oak Grove Addition Classification: "'D"-Apartment District Variances Requests a 'Variance from the Front Yard Open Spave Provisions of Section 43m21®(H)-(6) of Code of Ordinances to permit parking lot maneuvering space in Front Yard Setback Mr. Jett Ricks, applicant, was present, and stated that the architect submitted a plan providing for proposed parking under the front of the south portion of the building which will be under a one=story apartments The rear of the building will be a three unit apartment building three stories in height, and in order to have "head -out" drive into the street area, it would be necessary to require a 20 foot space of backup room from the carport -garage combination on the south portion of the structure. In order to do this, they would need to drive into the front yard area 11 feet in order to back out and turn around and head out onto "B" Street which is only a 30 foot right-of-way. There is a ditch on either side, and cars coming out of this property if it was necessary to back out, would be in danger of running into the ditch causing considerable inconvenience to the public and tenants using the driveways The applicant is requesting a 112 foot maneuvering area in the front yard area. The rear yard of this property is only 24 feet, which complies with the City coded Other property in this area which uses the front yard area for parking was developed prior to the adoption of the ordinance requiring offstreet parking and yard requirements. A motion was made that this application be a rpe oved, which was seconded and passed. Mr. Williams abstained. Page =2= Board of Adjustment Minutes December 18,1967 Tract No. 3 m Z-2149 Applicant-. Location° - Descriptions Classifications Charles H. Williamson #15 Riding Road Lot #151 m Foxcrof t Addition "A"=One-family District Variance-. Requests a Variance from the Rear Yard Setback Provisions of Section 43m12m(2) of the Code of Ordinances to permit projection of residence into Rear Yard Space Mr. John P. Gill, attorney, was present to represent the applicant who contemplates the construction of a home in Foxcroft Addition. The terrain, he said, from what appears to be the front of the house down co Riding Road drops off rather drastically and therefore the house has to be moved back on the lot which is five -sided. It is to be a rather large house centered by a court yard, and there was a question as to which of the two back lines was really the back yard or back lot line. There is an alley only on the northwest corner for 80 feet, and a common driveway will serve Lots 151 and 152 and a large parcel which is undeveloped owned by the Bailey Corporation. The design of this particular area indicates that the houses will back on to this particular lot line. In addition to the slope, he said, which is involved, the house has a court yard and there are a couple of large pine trees in the court yard which the architect wants to save if possible, and therefore the house cannot be easily pushed forward. The arthitect feels that the house needs to sit about where it is now, and there- fore they are asking for a waiver of back yard setback provisions - if this is indeed a back yard m to permit the construction as indicated as a storage room. To give the owners the use of this storage room, it will be necessary to extend out into the back yard to support the roof and to have the storage area. It might be possible to redesign the house, but from the architect's standpoint this is the best design for this particular lot, and the Bailey Corporation, the developer of the subdivision, is satisfied with this approach to this particular lot. Mr. Gill stated that there is no problem with relation to the Bill of Assurance. There is a 10 foot drive easement on the entire rear yard of the property as well as on adjacent property. The Bailey Corporation actually holds title to all of the other property around this tract, and Mr. Whitmore commented that the Board of Adjustment does not concern themselves with the Bill of Assurance, but merely acts on the Variances requested, and if some provision of the Bill of Assurance is violated, it would be between the parties to the Bill of Assurance. A motion was made for appro��al of this application as submitted, which was seconded and passed unanimously. Page -3- Lf� 0 0 M iYa} LU U) 4 U W_ 0 0 Im Board of Adjustment Minutes December 18,1967�__�__ Tract No. 4 m Z-1816 Applicant. - Location: Descriptions Classification: Donald Kirk 8118 West Markham Street Long Legal I'D"-Apartment District Variances- Requests a Variance from -the Main Structure Provisions of Section 43-2-(5) of Codeof Ordinances to permit more than one Main Structure on a lot Mr. Donald Kirk, the applicant, was present, and stated that it is necessary to have a variance as requested because the existing laundry building extends on to the lot on which he proposes to build another apartment complex with 12 units, which would result in two buildings being on one lot. Adequate parking area is provided across the creek for a total of 100 parking spaces for 53 units. It was suggested that a 25 foot fire lane around the proposed building should be provided. A motion was made for aaproval of the application subject to applicant verifying all conditions with Public Works Department and Fire Department. The motion was seconded and passed unanimously. Tract No. 5 m Z-2151 Applicant: Larry Allbritton Locations 1400 Glenda 'Drive Descriptions Lot 190, Twin Lakes Section "Cw! Subdivision Classifications "All -One -family District Variances Requests a Variance from the Setback Provisions of Section 43-12 of the Code of Ordinances to permit construction beyond platted building line Mr. Allbritton, the applicant, was present as was his contractor, Seymour Treitman. He stated that a building permit was issued for this construction which would permit the addition of a carport from his 25 foot building line 17 feet into the front yard area. After the concrete slab was poured, the work was stopped by a City inspector as the proposed construction would violate the recorded building line and the Bill of Assuranceo Mr. Allbritton said there had been no objections from adjacent property owners. A motion was made for denial of the application inasmuch as granting the request would be in violation of platted building line; the structure would 1_iencef orth be non -conforming; there are no similar encroachments in this new subdivision, and there is adequate space on the west side of the residence for the carport. The motion was seconded and passed unanimously. Page mom Board of Adjustment Minutes® December 18,1967 Tract No. 6 o Z-2145 Applicant-. Bill Horvath and Company Locations 221 West 23rd Street Description, The South 122.5 feet of West 150 feet of Block 20a Fulton°s Addition Classifications °I'D"-Apartment District Variance. Requests a Variance from the Area Provisions of Section 43-13 of the Code of Ordinances to permit a greater number of apartments than allowed in a IID"-Apartment District Mr. Henry Treece, realtor, was present in the interest of this application. He stated that they lack approximately 825 square feet for the 16 unit complex under ccnstruction as required in a IID°I-Apartment District. Adequate parking will be provided on the north side of the building, and trash pickup will be made from enclosed containers on a platform on the east side of the property. A motion was made f or_:�Eawoual_ject of the application, subto approval by the Fire Department and Public Works Division and also adequate trash pickup areas to be approved by the Staff and shown on the plot plan prior to the issuance of a building permit. The motion was seconded and passed unanimously. IV. OTHER MATTERS 1. Z-2148 Applicant: Arkansas Baptist Medical Center Location: 1200 and 1300 Block of Marshall and Bishop Streets Description-. All of Block 3, and the N'2 of Block 11 Centennial Addition Classification: IICII-Two-family and "E'I-Apartment Districts Variance-. Requests a Variance from the Use Provisions of Section 43®4 of the Code of Ordinances to permit a parking lot o 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 for the applicant, stated that at an earlier meeting, his client was granted the use of the north half of Block 11 and all of Block 3, Centennial Addition for off-street parking, and that pursuant to an ordinance of the City of Little Rock a street and alley through the entire block, and one-half the alley in the 1/2 block (Block 11) were vacated and closed. There were certain conditions which the Board felt should be imposed on the granting of the use, and upon a study of those restrictions it was felt by the administration of the Arkansas Baptist Medical Center that a further appeal should be made to the Board for the reason that at least in the full block the restriction of yard space on that Block would deprive them of so many parking spaces as to diminish the usefulness of that block for off-street parking. They Page =5- Board of Adjustment Minutes - Cecember 18,s 1967 had hoped, he said, that the setback required in the 1/2 block might be diminished at least to one-half. He said Messrs. Gilbreath and Hagaman of the Arkansas Baptist Medical Center had conferred with members of the Planning Staff and it was agreed that the matter would be reconsidered by the Board of Adjust- ment at today°s meetings It was felt that the Board was not made aware of the nature of the structures across the street from and surrounding the full block and those across the street from the 1/2 block owned by the Hospital which is largely 11E-11". Across Bishop and Marshall Streets from the full block in question, the Baptist Hospital owns all the property, and the property on the north side of the 1/2 block; property on the west side is occupied by West Side Junior High School, and that on the east side is residential. The Hospital is desirous of having the 20 foot setback requirement on the east and west sides of Block 11 reduced to 10 feet. This lot is for employee parking and they would like for the screening requirement to be revised to a planting area instead of a 4 foot screening or fence as this would give betterprotection for the vehicles parked there and eliminate the problem of theft which they have had in the past. A motion was made that upon reconsideration of this case., and the previous motion passed by the Board on November 20th, item #3 was amended to delete the 10 foot .green area on Marshall Street and item #4 was amended to provide a_ 10 foot 4reen area instead of 20 feet. The motion was seconded and passed unanimously. 2. Approval of the 1968 calendar of meeting_dates. A motion was made for approval of the calendar_ as presented, which was seconded and passed unanimously. �Y There being no further business, the meeting was adjourned at 3m45 P. Mo enry , de N. le, S cretary Dave Grund ee't, Jr. Vice Chairman, Page -6-