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
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