boa_03 16 1959LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
MARCH 16, 1959
The next meeting of the Little Rock Board of Adjustment will be held on March 16,
1959 at 2:00 p.m. in the Board of Director's Chambers. The following dockets will
be heard:
Docket No. 3-59 - Hyde Park Baptist Church by W.R. Satterwhite, 2023 Van Buren,
described as lots 7 and 8, block A. Cox Subdivision and lot 3, block 2 of Hyde
Park Addition; zoned "3" Residence, requesting a variance from the side yard
provisions of Section 11 of that ordinance to permit the continued construction
of an Educational Building, through an error was being constructed one foot too
close to the interior lot line.
Docket_No--52 - Curtis Smith, 112 North Monroe, described as part of block 5,
Howard Adams Addition, zoned "B" Residence, requesting a variance from all appli-
cable provisions of Section 11 of that ordinance to permit construction of a room
above the garage.
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Docket No. - 9 - Ben W. Hooks, 3608 Asher, described as pert of the SW S
Section 8, T-1-N, R-12-W, Pulaski County, Arkansas, beginning at the 1Section
corner between Sections 8 and 17, thence north 468.6 feet, thence north 62jo east
along north line of Asher Avenue 164.3 feet to point of beginning of land to be
described, thence north 62-e east 188.4 feet, thence north 880 west 166 feet,
thence south 94 feet to the north line of Asher Avenue and the point of beginning;
zoned "B" Residence, requesting a variance from the front and rear yard provisions
of Section 11 of that ordinance to permit the proposed addition of carport and den.
Docket No. 6�-59 - Albert ItoPe, owner; Central Church of Christ by Otto Smith,
1310 Wolfe, described as lots 10 and s* of 11, block 9, Centennial Addition; zoned
"D" Apartment requesting permission to locate a parking lot in a restricted dis-
trict as a special exception of Section 18-4.
Docket No. 7--5 - L. Julian Alexander, c/o Kajestic Laundry & Cleaners Co., 1000
West Markham Street, described as a part of the N of Section 31, T-2-N, R-12-Ws
in the City of Little Rock, Pulaski County, Arkansas, more particularly described
as beginning at an iron pin at the intersection of the south line of Parkway St.
(Club Road) with the east (or northeast) line of Prospect Avenue (Kavanaugh Blvd.)
and run thence east with the south line of Parkway St. (Club Road) 90.3 feet to
the beginning of the curve of the curb at the southwest corner of Parkway Street
(Kavanaugh Blvd.) and Van Buren Streets; thence following the curve of the curb,
along an arc of a circle having a radius of 10 feet, 15.7 feet to the and of the
curve of the curb; thence aoath with the west line of Van Buren Street 91.2 feet
to an iron pin at the intersection of the east (or northeast) line of Prospect Ave.
(Kavanaugh Blvd.); thence northwesterly following the curve of Prospect Avenue
(Kavanaugh Elvd.) and along the east (or northeast) side thereof, 142.5 feet to
the point of beginning requesting a waiver of area requirements to permit addition
to present structure. The applicant further states that he has been refused a
building permit and wishes to appeal said refusal to the Board of Adjustment.
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Part of Block 5, Howard Adams Addition, Little dock,
Ark. More particularly described as follows; Commence
at the Southeast corner of said Block 5, thence North
75 feet to the point of beginning; thence West 50 feet;
thence North 75 feet; thence East 50 feet; thence south
'75 feet to the point of beginning. i
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WEST MARKHAM STREET
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Part of the SWI SE' Section 8, T-1-N, A-12-W, Pulaski County,'Arkansas
described as beginning at the 1/4 Section corner $etween Sections 8
and 17, thence North 468.6 feet, thence North 624 East along North
line of Asher Avenue 164.3 feet to point of beginning of land to be
described, thence North 62�0 East 188.4 feety thence North 88o West
166 feet, thence South 94 feet to the North line of Asher Avenue and
Uie point of beginning.
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Proposed Park-
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Lot 10 & Sj of 11, Block 9 Centennial Addition
to the City of Little Hock, Arkansas.
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Lots 7 and 8, Block "A", Ben Cox Subdivision of Lot 3, Block 2, Hyde
Park Addition to the City of Little lock, Pulaski County, Arkansas.
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A part of the NE4 of Section 31, T-2-N, R-12-W, in the City of �.i.'..
Little Rock, Pulaski County, Arkansas, more particularly described as
beginning at an iron pin at the intersection of the South line of
Parkway St. (Club Ad.) with the East (or Northeast) line of Prospect
Ave. (Kavanaugh Blvd.) and run thence East with the South line of
Parkway St. (.Club Rd.) 90.3 feet to the beginning of the curve of the
curb at the Southwest corner of Parkway (Kavanaugh Blvd.) and Van Buren
Sts.; thence following the curve of the curb, along an are of a circle
having a radius of 10 feet; 15.7 feet to the end of the curve of the
curb; thence South with the West line of Van Buren St. 91.2 feet to an
iron pin at the intersection of the East (or Northeast) line of
Prospect Ave. (Kavanaugh Blvd.); thence Northwesterly, following the
curve of Prospect Ave, (Kavanaugh Blvd.) and along the East (or North-
east) side thereof, 142.5 feet to the point of beginning.
LITTLE ROCK HOARD OF ADJUSTMENT
MINUTES
MARCH 16o, 1939
The Little Rock Board of Adjustment met in the Board of Director's
Chambers on March 16, 1959 at 2:00 P. M. The following members were
present:
Mr. Wm. R. Meeks, Chairman Mr. Lloyd R. Pearce
Mr. Bruce Anderson Miss Emily Penton
A public hearing was held on the following dockets:
Docket No._3-59 - Hyde Park Baptist Church by 13. E. Satterwhite,
2025 Van Buren, described as lots 7 and 89 block A, Cox Subdi-
vision and lot 3, block 2 of Hyde Park Addition; zoned -'B" Resi-
dence District, requesting a variance from the side yard pro-
visions of Section 11 of that ordinance to permit the continued
construction of an educational building, which through an error
was being constructed one foot too close to the interior lot
line.
Mr. W. E. Satterwhite and Pastor Leo A. Cosley were present.
There had been a complaint filed by an adjoining property owner.
In executive session Mr. Breekling explained that these lots did
not have curbs and gutters. Mr. De Noble said they should have them.
Miss Penton moved that this be allowed if curbs and gutters were put
in, Mr. Anderson seconded and the motion carried unanimously.
DocketNo. 4-59 - Curtis Smith, 112 North Monroe St., described
as part of block 3, Howard Adams Addition, zoned "B" Residence
District, requesting a variance from all applicable provisions
of Section 11 of that ordinance to permit construction of a room
above the garage.
Mr. Smith was present. He said he planned to rebuild the garage
and add a room over it. He will come no closer to the property line
than he is now.
No objectors were present.
In executive session Mr. Breckling stated that it would improve
the looks of Mr. Smith's property.
Mr. Pearce moved that it be approved 9 miss Penton seconded and the
motion carried unanimously.
Page 2 of 5
Docket No. 5-59 - Ben 15T. Hooks, 3608 Asher, described as part of
the SVI4 SE-- of Section 8, T-1-N, R-12-W, Pulaski County, Arkansas,
beginning at the 1/4 Section corner between Sections 8 and 17,
thence north 468.6 feet, thence north 6210 east along north line
of Asher Avenue 164.3 feet to point of beginning of land to be de-
scribed, thence north 62�° east 188.4 feet, thence north 880 west
166 feet, thence south 94 feet to the north line of Asher Avenue
and the point of beginning; Zoned "B" Residence, requesting a
variance from the front and rear yard provisions of Section 11 of
that ordinance to permit the proposed addition of carport and den.
Mr. Hooks was present. He had had no objections from the sur-
rounding property owners and none were present at the meeting.
Mr. DeNoble said if this was allowed it would be crowding the
corner and that he had a good amount of yard space on the other side
of his lot. Mr. Breckling said the space was needed in the kitchen
and that it would cost a thousand dollars to move the kitchen. He
said he could out the kitchen 2 feet and have only one carport, using
the same driveway.
Mr. Pearce moved approval with one carport only. Other provisions
aAd details to be worked out with Mr. Breckling. Miss Penton seconded
aid the motion carried unanimously.
Docket No. 6-59 - Albert Hope, owner; Central Church of Christ by
Otto Smith, 1310 Wolfe, described as lots lO and sJ of 11, block 9,
Centennial Addition; zoned "D" Apartment requesting permission to
locate a parking lot in a restricted district as a special excep-
tion of Section 18-4.
Mr. Otto and Lloyd Smith were present to represent the church.
There were several people present to object. Among those who
voiced their objections were Mrs. Ruth Bench, Mrs. 011ie Mae Ballard,
Mr. Hooker, Mrs. Wooten and Mr. Curry.
Mr. Smith said he would work with the people and did not want to
do anything to cause criticism. He said the Baptist Hospital and
West Side Junior High had asked to use the lot.
Mr. Meeks asked Mr. Breckling to enumerate the restrictions on
parking lots in that area. Mr. Breckling read from Ordinance #5420.
It was brought out in the discussion that none of the apartments
or businesses in the vicinity provided adequate off-street parking.
In executive session Mr. .Anderson said he could not see why this
would harm these property owners. Miss Penton wondered if they would
be willing to restrict the parking to Sundays and Wednesdays.
Mr. Meeks thought they would be subject to pressure from the hospital
and the school. Mr. 7eN'oble said there was traffic congestion in the
Page 3 of 5
*wle area and that most everyone was working and trying to do some.
%hing about the parking situation. Miss Penton did not think it
*ould hurt Mrs. Ballard and Mrs. Bench has four apartments with only
two parking spaces. Mr. Anderson said he did not like the looks of
4 board fence and that he hated to see the people hurt, but that the
4hurch needs parking in that particular location if it is regulated,
well supervised and beautified. Mr. Pearce thought the lot could be
trade attractive enough that it would not harm anyone. He said he
Would object to it being used day and night. He felt it would be an
asset if properly constructed and proper control exercised. He
thought it might be used as a play area for children when not in use
for parking. He was in favor of it only if the Board could control
it.
Mr. Anderson asked if the members thought it would be out of line
3f they asked the church to submit some plans. Mr. Breckling said
the Board could require them. Mr. Leeks said he would not be in
Favor of it if the school and hospital were not allowed to use it.
Mr. DeNoble thought it should be restricted to all day parkers, so
as not to have cars going in and out all day; would be ideal for
school teachers.
Mr. Anderson 4eked how much trouble it would be to amend the
ordinance. Mr. Breckling said it could be done.
The Board felt that the board fence would not be as bad as it
sounds, if properly constructed.
Mr. Meeks suggested that they ask the church to submit plans
&nd bring to the nest Board meeting on April 20. Mr. Anderson felt
that if it was made attractive enough, it would overcome the ob-
jections.
Docket No. - - L.Julian Alexander, c/o Majestic Laundry &
Cleaners Co., 1600 test Markham Street, described as a part of
the NEI of Section 31, T-2-N9 R-12-tip, in the City of Little Rock,
Pulaski County, Arkansas, more particularly described as be-
ginning at an iron pin at the intersection of the south line of
Parkway St. (Club Road) with the east (or northeast) line of
Prospect Avenue (Kavanaugh Blvd.) and run thence east with the
south line of Parkway St. (Club Road) 90.3 feet to the beginning
of the curve of the curb at the southwest corner of parkway St.
(Kavanaugh Blvd.) and Van Buren Streets; thence following the
curve of the curb, along an are of a circle having a radius of
10 feet, 15.7 feet to the end of the curve of the curb; thence
south with the west line of Van Buren Street 91.2 feet to an
iron pin at the intersection of the east (or northeast) line of
Prospect Avenue (Kavanaugh Blvd.) and along the east (or northeast)
side thereof, 142.5 feet to the point of beginning requesting a
waiver of area requirements to permit addition to present struc-
ture. The applicant further states that he has been refused a -
building permit and wishes to appeal said refusal to the Board of
Adjustment.
Page 4 of 5
Mr. Thomas Bonner, Mr. Boyce Stubblefield, attorneys, Mr. Alexande
and Mr. Zimmerman were present. Mr. Bonner represented Mr. Alexander
and Mr. Stubblefield represented the objectors. Mr. Zimmerman objected
Mr. Bonner explained the reason this request was before the Board
again. After the Board turned it down it was brought back two more
times and there were no written notices sent to property owners. The
owners agreed to cut off the northeast corner of the building at Club
Road and Kavanaugh and have filed a covenant so that the property can
only be used for what it is presently being used or anything that will
go in "E-1t1 Quiet Business and Institutional District. Notices were
sent to the property owners prior to this meeting.
Mr. Stubblefield said he understood that only the Planning Com-
could rezone property. He said several years ago when this was brought
before the Board the owners were not allowed to have parking space on
this small area or to enlarge the building.
In executive session Mr. Stocks, a representative of the City
Attorney's office, was present. He said he thought the best thing to
do was to construe it as zoned "F" Commercial District and accept the
covenant.
Mr. Pearce, who represents the Planning Commission on the Board,
said the Planning Commission was opposed to any change whatsoever.
Mr. Anderson asked what were their objections. Mr. Pearce said they
would like to get rid of the building completely.
Miss Penton moved that it be denied, Mr. Anderson seconded.
Miss Penton thought the Board should not go against the Commission.
Mr. heeks thought it should be construed as being zoned 17" Com-
mercial District and Mr. Pearce agreed. Mr. Stocks thought the courts
would agree with this.
Mr. Pearce said no hardship was involved and asked on what grounds
it was justified?
There was further discussion,:.,after which Miss Penton withdrew her
motion.
Mr. Pearce moved it be construed as zoned "F" Commercial District
and deny structural alterations; Miss Penton seconded. Mr. Meeks
thought this would be trading uncertainty for certainty.
Mr. Breckling read the covenant.
Miss Penton felt there was no hardship and said that Mr. Alexander
knew the limitations of the property when he bought it.
Mr. Pearce said it would be made non -conforming if zoned "E-11'
since it has been used for "F".Commercial.
Mr. De Noble said there was no traffic problem here now.
The Board agreed that the mistake was made when the City Council
IL.
Page 5 of 5
permitted him to have a pick-up.laundry station here. They did not
zone it at that time. `It was illegal to allow him to expand and not
rezone. Mr. Stocks said this would not place Mr. Alexander in an un-
lawful position. His actions were valid because he was acting on the
City Council's decision. He could not be held responsible. He did,
however, by-pass the Board and go to the City Council for action on
this request.
Mr. Breckling and Mr. De Noble did not think it should be -zoned
"F" because of the many undesirable things permitted in this zone.
lair. Breck?ing said he would sooner let him add to the building than
Construe it as zoned "F".
Mr. Stocks' opinion agreed with the motion made by Mr. Pearce,
which carried unanimously.
There was a request for a special meeting for a hardship case by
Mr. George W. Taylor, 2816 West 12th Street (see Docket #8-59). The
meeting was scheduled for Friday, March 27th, 1959.
The meeting adjourned at 4:40 P. M.
Approved r �-
M. R. Meeks, Chair an
Mrs. Melba Lawing, Secretary