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boa_04 19 1954MINUTES OF THE MEETING OF THE BOARD OF ADJUSTMENT The Board of Adjustment met in the Council Chamber, City Hall, Monday, April 19, 1954, at 2:00 p.m., with the following members present: Mr. Warren Baldwin, Chairman Mr. Paul Parks Miss Emily Penton Mr. Bruce Anderson Mr. W. H. Marak Docket No. 11-54 - 0. T. Ward, 1419 South Taylor Street, described as N. 2 of Lot 19 & all of Lot 20, Block 11, Oak Forest Addition, zoned "B" Residence; requesting a waiver of side and rear yard space in order to add additional carport on rear of existing garage. Mr. 0. T. Ward was present to explain that he plans to extend the existing garage back an additional 7 feet and the other to the rear would be an open carport. The red line on the plot plan represented the pro- posed extension.of the enclosed building. Mr. Ward told the members that all property owners within 140' of his property were notified of the meeting. There were no objections. Mr. Anderson made a motion that the application be approved; sec- onded by Mr. Parks. The motion carried. Docket No. 12-54 - Robert J. Brown, 1700 North Taylor, described as Lot 5, Block 21, Mountain Park Addition, zoned "A" One -Family; requesting a waiver of side yard space in order to add a porch onto existing house. Mr. Brown was present. His house exists on the property at the present time. He pointed out that the ground slopes rapidly on the west of his lot. There were no objections. Miss Penton made a motion that the application be approved; seconded by Mr. Parks. The motion carried. Docket No. 13-54 - Leon Prickett, NW corner of Indian Trail and Mockingbird Lane, described as Lot 535, Kingwood Addi- tion; zoned "A" One -Family; requesting permission to face residence on Indian Trail rather than Mockingbird Lane. Mr. Prickett was present and explained that he is requesting per- mission to face the house on Indian Trail due to the steep grade of the lot. The lot is platted to face Mockingbird Lane but is almost square. There is an approximate grade of 22% on the lot. Due to this fact, Mr. -% Prickett stated that he almost has to face the house on Indian Trail. Mr. Anderson remarked that from an architectuall point of view, he would think it would be almost necessary to construct im the house to face Indian Trail. IP0 LU A letter of objection was attached to the application. Mrs. Erma Davidson, owner of the second lot west of Mr. Prickett's propert, objected on the basis that it would decrease the value of her property. Mr. Prickett reminded the members that the owner of the lot directly west of his had signed the notice of hearing and had no objections. He pointed out that this lot would be the one most affected. It was also pointed out that Mrs. Davidson's lot is vacant at the present time. Mr. Stephens explained that lots located in that addition which could possibly face two ways, according to the bill of assurance, must face the street from which the lot measures the greatest depth. Mr. Prickett pointed out on the plot plan that his lot is almost square and is just a little longer on one side. No protestants were present. Mr. Baldwin expressed his opinion that should the house face Indian Trial, then the letter of protest received from Mrs. Davidson would be justified in this case for it would decrease the value of the property. The members discussed the point brought out by Mr. Anderson about the construction of a house on the lot due to the deep grade of the lot. After much discussion regarding these two facts, the members agreed that the application should be denied since it would decrease the value of surrounding property. They felt that the house could be built in -such a way that an entrance could also be made on Indian Trail. Miss Penton made a motion that the application be denied; seconded by Mr. Anderson. The motion carried. Docket No. 14-54 - R. E. Block, 1023 West Third Street, described as N. 512" of W. SO' of Lot 3 & W. SO' of Lots 1 & 2, Block 259 Original City of Little Rock, zoned "G-1" Commercial District; requesting a waiver of front yard space in order to construct a new building. Mr. Peyton Rice, Chairman of the Area Zoning Study Committee, ,City Planning Commission, was present to give the members of the Board of Adjustment and interested parties who were present, a better understand- ing of the study and rezoning of the Central Business District passed November 1953. He explained that the area between Markham and /th Streets and from Broadway to Victory had been zoned in the "G-141 Commercial Dis- trict. The only difference between the "G" Commercial and the 11G-1" Commercial District is the reversing of the requirement of a 25' rear setback. A 25' rear setback is required in the "G" Commercial District while a 25' front -setback is required in the "G-1" Commercial District. The purpose for requiring a front setback of 25' in the "G-1" District is due to the heavy traffic on Third Street and to provide for adequate spaces if ever the entire right-of-way is used, it also provides off- street parking in the front of the establishments. Mr. Rice pointed out that there are fewer establishments extending out further than 25' of the setback from the front building line on Third Street than the other streets in that district. Signs have been set up along Third Street prohibiting parking on the street during certain hours of the morning and evening due to the heavy traffic on this street at these times. Mr. Rice further explained that Third Street will serve as an arterial street from the downtown area to Hayes Street since the traffic will turn off of Hayes heading east on Ma�rkham to Elm and on to Stiff Station, down Kavanaugh and into Third Street. LL Cb co -3- It has been estimated that the population of Little Rock will be 175,000 by 1970, however, at the rate it has been growing and in view of the new Air Base, it is expected to reach that population much faster than originally anticipated. Mr. Rice further explained that the "G-1" Commercial District was created to give protection from any encroachment on Third Street and provide for off-street pa king. The city is in no way taking any pro- perty from the owners but just reversing the setback requirements. If it is necessary in the future to enlarge the streets in this district by taking the entire right-of-way then there will still be room left for off --street panting in the front of the establishments. It was pointed out that there is not a requirement for a side yard space, but if pro- vided it must be a minimum of 41. Mr. Rice said the Commission had taken all of these things into consideration when they recommended approval of this district and were looking to the needs of the next 20 years or so. Mr. Rice added that there are about four building which are already constructed up to the front property line on Third Street. There is a total of approximately 12 buildings which have been constructed closer than 25' from the front property line. Mr. Block was present with his attorney. His attorney pointed out that Frankie's Bakery is constructed closer than 25' from the front pro- perty line and that Mr. Block is only requesting to line his building with the bakery, Mr. Rice reminded him that if everyone was allowed to build in line with the bakery, then there would not be sufficient provision for off- street parking. His attorney pointed out that a building to the West of Mr. Block's property is constructed within 12' of the front xroperty line, a frame building in that block within 20' of the front property line, then one or two lots to the east an apartment house has been built almost up to the side walk. With these surrounding buildings extending beyond the 25' setback, Mr. Block's attorney pointed out that it will place Mr. Block's establishment in ahidden position. Mr. Rice reminded the members and Mr. Block, that when the Com- mission created this district they were looking ahead at least 20 years and hoped to avoid costing the city the amount of money that the Riverfront Drive has done should it be necessary to widen Third Street in the future. There is very little that can be done about those establishments which already exist closer to the front property line but it is the duty of the Commission and Board of Adjustment to pre- vent these mistakes in the future. Mr. Block's attorney pointed out that Frankie's Bakery is a more or less permanent type of structure. Mr. Rice said another factor that had entered into the study made of the central business district is the coming of the Air Base to Little Rock. This is going to create many problems for the city and for that reason the Planning Commission is looking ahead and trying to anticipate and avoid as many of these problems as possible. When the Air Base opened in Shreveport, La., the city increased three times its size within 15 years. Mr. Rice said that as far as Frankie's Bakery being considered a permanent type of building, everyone had always thought the County Jail would be permanent also, but this no longer is true. -4- Mr. Block showed the members pictures of the type of building which he anticipates constructing. He pointed out that if he had to set this building back 25' then he didn't think he could build that nice a build- ing and couldn't get it financed. Mr. Rice explained to Mr. Block that the P]aming Commission must strictly make their decisions from a planning and land use point of view and couldn't afford to lend a sympathetic ear to the applicants. For an example, he sited the rezoning case for "F" Commercial granted at Van Buren and Markham Streets for a widow who contemplated putting a beauty shop and television shop in the building for additional income. However, after the property was zoned for "F" Commercial, the building was turned into a Bar B. Q. Drive In which has greatly added to the already existing traffic problem at that particular intersection. Mr. Block pointed out that a lot of new buildings on Third Street had been constructed closer than 25' from the front property line, there- fore, he didn't feel that he was asking anything unreasonable. Mr. Rice reminded Mr. Block that when the buildings had been con- structed the "G-1" Commercial District did not exist. Mr. Block reminded the members that his is a corner lot and he is requesting permission to build in line with Frankie's Bakery. Mr. Marak made a motion that the Board uphold the Planning Com- mission in the requirements imposed on the "G-1" Commercial District and that the application be denied; seconded by Miss Penton. The motion carried. Docket No. 15-54 - Rev. Williams, 2221 Ringo Street, de- scribed as N. 5' of Lot 5 &_ all of Lot 6, Block 5, Wat Worthen's Addition, zoned "C" Two -Family District; request- ing a waiver of front and rear yard space and permission to face 23rd Street on said property. The Rev. Williams was present and requested that he be granted per- mission to face his house on 23rd Street instead of Ringo as the lot is now platted. He stated that all property owners within 140' were notified of the meeting and had no objections. Rev. Williams house will be in line with the next house to the north facing Ringo Street. Mr. Parks made a motion that the application be approved; seconded by Mr. Anderson. The motion carried. Docket No. 16-54 - H. M. Haskell & Edna Summers, 1401 E. 9th Street, described as Lot 1, Block 1, A. C. Reads Addition; zoned "F" Commercial District; requesting a waiver of yard space and two main structures on one lot in order to construct a storage building on the rear of the lot for the commercial business on the front of the lot. Mr. Haskell and Miss Summers were present. A commercial building exists on the front of the property at the present time. The front building is constructed of permastone and is a two story building. The proposed structure on the rear will be built of concrete blocks. The Magnolia Petroleum Company is located next to this property on the east. The application is requesting a waiver of yard space and two main structures on one lot in order to build within 5' of the rear line. -5- Mr. John Shamburger, attorney representing Mr. & Mrs. Otis Price, ___N gnd Mr. Malone, property owners within 140' of Mr. Haskell's lot, pointed out that the lot in question is already a sub -standard lot and therefore the property owners objected to two structures being granted on the lot. Miss Summers told the members that Mr. Price had circulated a rumor in the neighborhood that they would be doing nickel plateing in the proposed rear structure and that this definitely is not true. This resulted from their company being named -similar to nickel. Mr. Price stated that he had been inside the building and he cer- tainly knew what was there. Mr. Shamburger told the members that it was his interpretation of the zoning ordinance that a storage warehouse requires a light industrial classification. He presented a petition signed by several protestants. Miss Venton made a motion that the application be denied; seconded by Mr. Marak. The motion carried. Docket No. 17-54 - Lion Oil Company, NE corner of the intersection of West 12th Street and Pine Street, de- scribed as So. 75' of Lots 7 & S, Block 15, Forest Hill Addition, zoned "F" Commercial; requesting a variation of Section 13, Ordinance No. 5420 as pertains to yard space. Mr. Davis was present to represent this application. The company is requesting a waiver of rear yard space. The station will be constructed on parts of two lots. The other portio# of the property is residential rental property. The service station will be constructed on the NE r corner of 12th and Pine Streets on a 75' x 102' lot. Miss Penton made a motion that the application be approved; sec- onded by Mr. Parks. The motion carried. Docket No. 18-54 - Mrs. Nedgie H. Hale, 6318 Kavanaugh Blvd., described as parts of Lots 22 & 23, Block 4, Altheimer Addition, zoned "A" One -Family; requesting waiver of parts of two buildings on two lots in order to construct new house. Mrs. Hale's doughter was present to represent the application. She showed a plot plan of the proposed house to the members. Mrs. Hale plans to face the house on Kavanaugh. It will be located on a lot which is roughly 50' x 100' in size. The bus turn -a -round on the west is adjacent to this property. Mr. Joe C. Smith and Frank Stroble were present interested in the application but had no objections. Mr. Marak made a motion that the application be approved; seconded by Miss Penton. The motion carried. ########################## There being no further business, the meeting then adjourned. Board of Adjustment Little Rock, Arkansas