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boa_12 19 1960LITTLE ROCK BOARD OF ADJUSTMENT MINUTES DATE: December 19, 1960 TIME: 2:00 P. M. PLACE: Chamber of the Board of Directors MEMBERS PRESENT: Miss Emily Penton, Chairman W. H. Mara's 1•11illiam R. Meeks MEMBERS ABSENT: Bruce Anderson Maxwell J. Lyons, II STIFF PRESENT: Henry M. De noble, Director Julius Breckling, Planner Melba Lawing, Secretary A quorum was found to be present and the chairman called the meeting to order. A public hearing was held on the following dockets: Docket No. 50-60 Applicant: Pulaski Heights Realty Company by L. P. Fields Location: The southeast corner of Grant and "R" Streets Description: Lots 1, 2, 3, and 4. Block 99 Mountain Park Addition Classification: 'IF" Commercial Variance: From the side and rear and off-street loading provisions of Section 13 and 2-A of Ordinance No. 5420 to permit construction of a retail business building Mr. Fields was present to explain his request. He said this property is owned by the merchants in this area, who are trying to develop it in an orderly manner. The plans were thoroughly discussed. There were no objectors at the meeting. In executive session the staff and members of the Board agreed that the building should be set back at least 5 feet from Grant Street which would bring it in line with the bank, which is on property to the north of this tract. Mr. Marak so moved, Mr. Meeks seconded and the motion carried. Docket No. 51-60 Applicant: Safeway Incorporated by Frank Fulk Location: Between llth, 12th, Lewis, and Elm Streets Description: Block 4, Jansen•s Addition Classification: "F" Commercial District Variance: From the rear yard provisions of Sec. 13 of Ordinance No. 5420 to permit construction of new Safeway Store Page 2 of 4- Fir. Fulk, agent, Mr. Dodge and Mr. Harrington, Safeway represent- atives, were present. Mrs. J. G. Haynes, 4114 West llth Street, was present. She said she had no objections to the store itself, but that she did not want it placed right on the property line because it would be in her front door. Her house faces south. She also spoke for Mrs. Graves, who lives at 4110 !lest llth Street and had the same objection. Mr. Fulk and Mr. Dodge explained to her the reason they wanted to put it on the line was in order to have more parking space in the front. They told her the loading dock could be shifted to one side. They said if they moved the building to the front of the property they would have to pick up parking space on the side of the building and added that another reason for placing it on the property line was to allow for the future widening of 12th Street. Mr. Marak and Mrs. Haynes asked why they could not have the loading dock on the side and move the building forward? They answered that they have only a mini- mum of parking now and that parking in the rear would be no good to them at all. There were no further questions and Mr. Fulk and Mr. Dodge left the meeting. They came back later and Mr. Fulk said the loading dock could be placed toward Elm Street, after which Mrs. Haynes withdrew her objection. In executive session, after considerable discussion, Mr. Meeks moved that the Safeway Company work with Mr. Breckling and Mr. De Nob1E and re -submit a plan with the required amount of parking with at least a minimum ten foot setback on llth Street, to be used for a screen planting, Mr. Marak seconded and the motion carried unanimously. Docket No. 45-60 - This application was held over from the November 21st meeting. Applicant: Location: Description: Classification: Variance: The application building would be 5 originally planned. Christ Pentecostal Church by Roosevelt Buckner 3400 Uest 17th Street The east 37.5 feet of the west 75 feet of lots 169 17, and 18, and the east 37.5 feet of the west 75 feet of lot 19, except the south 10 feet thereof, block 31 of Jones and Worthen Addition and the east 130 feet of lot 18, block 31, Jones and Worthen Addition. "B" Residence District From all applicable provisions of Sec. 11, of Ordinance No. 5420 to permit extension of frame building for kitchen facilities had been revised so that the extension to the feet from the property line instead of 1.9 feet as At the last meeting the property owners had not been properly notified. A properly signed notice of hearing has now been filed. Roosevelt Buckner was present. The case was briefly reviewed and it was added that the balance of lot 18 is to be used for parking. Page 3 of 4 Mr. Marak asked if the church owns lot 17, the answer was no. In executive session the Board agreed that the church had done the best they could to work out their problem with the staff and that they were in need of this extension to their building. Mr. Meeks moved that it be approved, Mr. Marak seconded and the motion carried unanimously. Docket No. 8-60 This matter was not on the agenda. Applicant: Mrs. Virginia Snow Location: 1001 Booker Street Description: Lot 1, Block 1, Jones and Worthen Addition Classification: `°A" One -family District Variance: Appeal from a decision of the Building Com- missioner in order to use a garage apartment for dwelling purposes Mrs. Snow and her attorney, Mr. Jacoway, were present. Mr. Jacoway said they came to the meeting because they felt that this was an application that should be granted and that there were some things they did not get to discuss with the Board. Also, they felt that the Board had been mislead. He briefly reviewed the case and said the ordinance expressly gives the Board the authority to use their dis- cretion in granting a waiver such as this and that when the spirit of the ordinance is violated, then a great hardship will result. He felt that this is such a case. He said this is not expensive property and he does not think the apartment would do harm to anyone. He did not feel that it would depreciate the value of the property because a neighbor had sold his property and received a fair price for it in spite of the apartment. He said another neighbor who objected had made it plain that she did not like Mrs. Snow. He stated that if this is not granted to Mrs. Snow she would probably loose her property. He did not see how anyone could be hurt by this, but that Mrs. Snow would be badly hurt if it is not granted. He had photostatic copies of the building permits, etc., which were purchased on different occasions. He reminded the Board that the applicant is not asking for anything new, just to be able to use what is already there. He said that the permits, etc. were discussed in executive session of the last meeting and they had not had an opportunity to discuss them with the Board. Mr. Marak stated that the Board has been consistently against garage apartments and asked Mr. Jacoway if he did not think they would be setting a precedent if they granted this one? Mr. Jacoway answered that he did not think so, as each case stands on its own merits. In executive session the Board agreed to reconsider this appli- cation at the meeting on January 16, 1961. The adjoining property owners were to be notified again. The Board felt that, since a quorum was not present at the December meeting, all the motions made at that meeting should be Page 4 of 4 reiterated. Mr. Meeks moved that the Board reaffirm all the decisions made at the meeting held on November 21, 1960, Mr. Marak seconded and the motion carried unanimously. The meeting adjourned at 3:15 P. M. Mrs. Melba Lawing, Secretary Approved:_ Miss Emily Penton, Secretary ml