boa_07 19 1954MINUTES 4F THE X=IDiCs
OF THE
BOARD OF ADJUSTKMT
The Board of Adjustment met in the Council Chamber, City Hall,
Monday, July 190 1954, at 2:00 p.m., with the following members pre-
sent:
Mr. Warren Baldwin, Chairman
Mr. Paul Parks
Miss Emily Penton
Mr. Bruce Anderson
Mr. W. H. Marak
Docket No. 34-54 - E. M. Lusk, 714 High Street, described
as the south -'J of Lot 1, Block 403, Compton's Sub of
Original City, zoned I'D" Apartment; requesting a waiver
of front and rear yard space and a waiver of lot area in
order to add a roon onto existing house on said property.
Mr. Lusk was present and stated that he plans to add onto the rear
of the existing building .as shown on the plot plan. The addition will
cone within four feet of the side property line. He explained that the
house was built too close originally and was that way when he purchased
it.. Now he plans to ::sake this addition which will be in line with the
house as it now exists. He is just enclosing the back porch.
Mx. Parks nade a motion that the application be approved; seconded
by Mies Penton. The notion carried.
Docket No..35-•54 Park Place DaPtist Church, 901 East 14th,
described as the W. 84.5' of Lots 10, 11 & 12, Block 21,
Masonic Addition, zoned "F" Corinercial & "C" Two-FAmily,
requesting a waiver of front, side and rear yard space and
Darts of two nain structures on one lot in order to con-
struct a church sanctuary on said property.
The pastor was present to represent this application. He stated
that a house exists on the piddle lot. The corner lot is vacant at the
present tip xa. The church proposes to construct a sanctuary on the
corner of the ;:roperty as shown on the plot plan. He stated that the
vacant property on the east side will be used for off-street parking..
They own ar roxinatoly 150' x 150' of property.
Mr. Mr?rak n_ointed out that if the building is constructed on the
corner as shown on the plot plan, it will create a blind corner.
The mrbers discussed this ratter at som length. Mr. knderson
felt that perhaps the house on the middle could be noved on the pro-
perty to pernit a different -plan for the location of a, sanctuary on the
lots. He a(Ided that it would not involve too much expense. In fact,
raW of the plans he has drawn for churches in the city has necessitated
Page 2 of T
the noving of structures on the property. Mr. Anderson stated that should
this be done, porhaps the creation of a blind corner at that.intersection
could be avoided. The nenbers pointed out that the street has a jag in
it at this intersection.
Mr. Anderson rude a notion that the petition be deferred for further
study and consultation with the ;pastor to see if the location of the
sanctuary could be altered sonewhat to prevent a blind corner at the
intersection; seconded by Miss Penton. The notion carried.
Docket No. 36-54 - Jesse Powell, 1223 West 20th Street, de-
scribed as the W. 50' of Lots 1, 2 & 30 Block 35, Wrights
Addition, zoned IV' Commercial; requesting a waiver of front
yard space in order to add a store building on the front of
the existing house.
Jesse Powell was present to represent this application. Mr. Daldwin
explained to the nenbers that a letter of objection had been sent to
the Board, hawever, it objected to the location of a store on this corner.
Since the property is located in a 11G" Coraercial District, then a store
can be located on the lot anyway. Mr. Powell plans to add the store on
the front of the existing house and will build within 101 of the front
property line.
Miss Penton made a notion that the application be approved; seconded
by Mr. Marek. The notion carried.
Docket No. 37-54 - J. Wythe Walker, 2315 Deechwood, de-
scribed as Lots 18, 19 & 20, Block 11, Country Club Heights
Addition, zoned "A" One Fanily; requesting a waiver of rear
yard space to construct a. new residence on said property.
Mr. Walker plans to build within 101 of the rear nroperty line.
He stated that several houses in the block are built closer than 25' from
their rear I•roperty so his house will actually more or less be in line
with the other houses on the block at the rear. There were no objections.
Mr. Walker rropose s to construct a. new residence on the property. He
explained that the house will actually face the street, but that the
windows will not give that appearance. The alley at the rear of the
property is never in use.
Miss ienton made a notion that the application be approved; seconded
by Mr. Anderson. The notion carried.
Docket No. 38-54 - Franklin E. Loy, 909 Darber Avenue,�r
described as Lot 11f, Dlock 2, Masonic Addition, zoned ' C
Two-Far.-ily; requesting a waiver of side yard space and a
waiver of requirement that not more than 30% of rear yard
may be used for accessory building on said property.
Page 3 of 7
Mr. Loy was present and stated that he plans to exter4 the kitchen
on the side of his house. There were no objections. A garage and store
room exists on the rear of his lot, however, he plans to tear down the
garage and build a larger one. He said that he planned to build it at
an angle because it will be easier to get into. The kitchen wlll be
extended within 2* feet of the side property line. Mr. Loy -added tbO
he had the only signle family house on the block. The others are-dugleNes.
Mr. Parks made a notion that the application be approvedp Aeeonded
by Mr. Anderson. The notion carried.
Docket No. 39-54 - Alonzo Walker, 821 West 14th Street,
described as Lot 1, Block 234, Original City of L. R.,
zoned "G" Connercial District; requesting a waiver of
front, rear and side yard space in order to add onto ex-
isting duplex & a waiver of lot area and two main struc-
tures on one lot.
Mr. Walker stated that he plans to add onto the south side of the
existing duplex. There are four families living on the lot. He stated
that one family lives in one side of the duplex and he lives in the other.
He rents two of the roons out on his side of the duplex. He stated that
one family lives in the seven room house on the other end of the lot.
Mrs. Edward Price was ;resent .to represent her niece, Mrs. Stein,
who owns the house adjoining Mr. Walker's on the south. She stated
that there are four tenants on the property. Mrs. Stein ownes the house
at 1403 Izard Street. There are two cottages located on the property.
She stated that Mrs. Stein objected to the waiver because it would be
a fire hazard since it will be constructed within a few feet of her
house. She added that it would also increase Mrs. Stein's insurance
rates, and would decrease the value of her property. Mrs. Price said
that it looked as Mr. Walker is building a kitchen onto the house. She
pointed out that Mr. Walker will be building within sever inches of her
rroperty line.i ' ' ' _
Mr. Marak rude a notion that the application be disapproved; sec-
onded by Mr. Anderson. The notion carried.
Docket. No. 40-54 - Mrs. W. D. Porter, 2500 So. Taylor Street,
described as Lot 1, Dlock 53, Cherry & Cox Addition, zoned nD"
Residence District; requesting a waiver of side yard space
in order to add a carport onto the north side of the existing
house.
Mrs. Porter stated that she plans to add a carport on the street
side of her house. She owns a corner lot. She rroposes to build up
to her property line in order to give her a 101 carport. There were no
objections.
Mr. Parks made a notion that the application be approved; seconded
by Miss Penton. The notion carried.
Page 4 of 7
Docket No. 41-54 - Mrs. Minnie B. Parkin, 321 North Woodrow,
described as Lots 1 & No. 15' of Lot 2, Midland Hills Addition,
zoned I'D" Residence; requesting a waiver of height provisions
for accessory buildings in order to make an addition to exist-
ing building (non -conforming) also a waiver of side yard space.
Mr. Clarke, attorney, was present to represent Mrs. Parkin. He
presented the notice of hearing fora to the nembers. Mrs. Parkin plans
to add a 12' x 16' structure on the existing garage. In addition, she
plans to enclose a stairway and build a bath and closet in the building.
She plans to use the structure for servants quarters. Mr. Stephens
reported that it had been thoroughly investigated at the tine the appli-
cation was filed and that the structure would only be used for servants
quarters. A two story structure already exists there.
Mr. Marak made a notion that the application be approved; seconded
by Mr. Parks. The notion carried..
Docket No. 42-54 - R. B. Bentley, 25 Shannon Drive, described
as Lot 13, Paschal Heights Addition, zoned "A" One-Fanily;
requesting a waiver of side yard space in order to conform
to Ordinance No. 5420.
Mrs. Bentley was present. Mr. Baldwin explained that he had gone
out to look the property over and reported on the facts involved. He
stated that a ravine exists on the rear portion of this lot. The house
has already beer} constructed on the property and a wall has been built
on the side of the property. A carport was originally connected to the
house when it wns built, however, when Mrs. Bentley purchased the pro-
perty, she built a roof between the first carport and .the wall thus giv-
ing her another carport. This has put her in violation of the zoning
ordinance since the house is too close to the side property line.
Mr. Lulky, owner of the two adjoining lots on the west, was present
to object to the application. He said he understood after he purchased
his two lots ghat Mrs. Bentley had not received a waiver of side yard
space in order to hake her second carport. He said that the wall is
within two or two and a half feet of the west property line and accord-
ing to the Till of Assurance her house should have been constructed at
least eight feet from the side property line. He said.the Dill of Assurance
calls for a setback of 10% of the width of the Lot. Mrs. Bentley's lot
is 801 wide.
Mrs. 13entley stated that due to her lot being 15' lower on the rear
than the front, it was necessary to build a retaining wall on the side
of the property with the ravine on the rear of the lot. The Building
-Inspector referred her to the Board of Adjustment to secure a waiver of
yard space in order to conforr± to Ordinance No. 5420.
The nenbora discussed this application to great length. It was
questionable in their minds if they wouldd have the -rower to take action
on this matter since the Dill of Assurance requires an eight foot setback
from her side property line. The members actually felt that there wasn't
any harn done in making the addition as she did, especially due to the
terrain of the lot.
Mr. Marak nade a motion that the Board approve the application pro-
vided that they have the powor to waive the yard space In this case;
seconded by Mr. Anderson. The notion carried. Mr. Stephens was instructed
to write the City Attorney for a legal opinion on the natter to see if
they would have the power to grant such a waiver since the Fill of Assuranca
requiras an eight foot setback from the side property line.
Page 5 of 7
Docket No. 43--54 ►- R. R. rates, 5523 West 12th Street,
described as Lots 20, 21 & 22, Block 3, Oak Forest Addition,
zoned "F" Comnercial District; requesting a waiver of rear
yard space in order to add onto existing building.
Mr. Dates stated that he needed a wriiver of rear yard space in order
to add onto the existing building as shown on the plot plan. He told
the nenbers that the property owner at the rear of his property had no
objections to the waiver. A cafe now exists on the property and Mr.
Dates plans to enlarge it.
Mr. Parks made a notion that the application be approved; seconded
by Miss Penton. The notion carried.
Docket No. 44-54 - A. I. Korenblat, 1701 - 1705 West 2nd
Street, described as Lots l & 2, Block 5, Deaf Mute Addi-
tion, zoned "G-1" Commercial; requesting; a waiver of yard
space, lot area and three nain structures on two lots in
order to construct contractors office building on said property.
Mr, Korenblat was present and stated. that be is requesting a waiver
of yard space and lot area and three vain structures on two lots in
order to construct a contractors office building on the property. He
pointed out that his property is zoned in the "G-1" Commercial District
and that a warehouse and service station is located on that block. He
plans to build in line with the Standard Oil Conpany building. There
were no objections.
Mr. Marak nade a notion that the application be approved; seconded
by Miss Fenton. The notion carried.
Docket No. 45-54 - FrOCI D•• Jovkins, 4608 Grand Street,
described as Lot 120, Pine Forest Addition, zoned "D"
Residence District; requesting a waiver of side yard space
in order to add a carport onto the existing house.
There was no one present to represent this application. The
nenbers studied the plot plan. According to the plot plan, Mr. Jenkins
was mouo sting a waiver of side yard space in order to adda carport
onto the existing house. The plot plan showad the carport being built
within three feet of the side ;property line. There were no Pro-
testants pro sent and the nenbers could see no objection to granting the
waiver.
Mr. Marak -ade a notion that the application be approved; seconded
by Mr. Parks. The notion carried.
Docket No. 27-54 - Reaves Stewart, 2819 Youngwood Road,
described as a parcel of land in the S49 wt. Section 25,
T-2-N, R-13 W, Kingwood Addition, zoned "A" One-Fanily;
requesting a waiver of rear yard space as shown on the
,.lot plan in order to construct a house on the property.
Page 6 of 7
Mr. Stewart was ,present. Mr. Marak reviewed the facts brought out
at the Board meeting last month regarding this application* He said
action was deferred on the petition last month due to a conflict with
the Planning Commission not approving the platting of this prore rty.
The nenbers wanted to check with Mr. Stephens on this matter when he
returned from his vacation. Mr. Stephens eyplained that the Planning
Commission had never approved the platting of this property since the
City Engineer would not approvethe construction of the street and
drainage.
Mr. Stewart said that he couldn't understand why the Board was
deferring action on this application when they had recently granted
a siniliar application for the house next door.
The members explained that they were not aware of the situation
at that time and it had just cone to their attention when this applica-
tion was filed.
Mr. Stewart pointed out that due to the easements located on the
lot, the only place that the house could be located is between them as
shown on the plot plan. He said that the Veterans Administration had
approved the plans.
The members discussed the situation involved for sore time. They
finally reached the conclusion that if the streets had been inadequately
constructed then it was a problen'to be worked out between the owner
of the lot and the developer.
Miss Penton made a notion that the application be approved; seconded
by Mr. Parks. The notion carried.
Docket No. 33-54 - 0. W. Pete Wiggins, 2301 East 6th Street,
described as Lot 19, Dlock "D'I, East End Addition, zoned ?'Kit
Heavy Industrial District; requesting a waiver of front yard
space and permission to renadel an existing structure in a
non -conforming location.
There was not a representative for this application present. Since
this was the second rionth that the matter had been brought before the
Doard,, the members felt that the matter should be acted on.. Some pic-
tures'were attached to the application. The pictures showed a dilapidated
structures but the nenbers did not know whatthe applicant contenplated
and rather than hold action up any longer, Mr. Anderson made a notion
that 'the petition be disapproved; seconded by Mr. Marak. The notion
carried,.
The rezoning application of John Callahan was then brought up for
discussion. Mr. Stephens explained that the petition had gone before
the Council -for action Monday night, July 12th. The Planning Corraission
had recorrended' disapproval of the application. The Council felt that
perhaps tho Doard of Adjustment had the authority to waive two main
structures on the lots by deferrdng it a hardship case due to the fact
that the owwr rifles not feel that he is deriving sufficient use of his
Page 7 of 7
property. The Council therefore held ur any final action on the petition
and referred the matter to the Board of Adjustment. The Planning Com-
mission reconrended denial of the application because it would create
a spot zone.
Mr. Horner was present and also explained why the matter had been
referred to the Board.
Mr. Stephens told the menbers that -there was a question in his mind
whether the Board legally could take action on -the natter. He pointed
out that the City .Council had not taken any action on the petition and
had referred it to the Board of Adjustment, thus making it necessary
for the Board to act on it and send their action back to the Council.
Since the Council is not an appeal body from the Board od Adjustment,
then Mr. Stephens just couldn't see how legal action on the matter
could be taken in this manner. He had explained this to the City Council
but they referred the natter to the Board anyway.
The meribers felt that this being the case, they had no authority
to act on the matter. ,.They informed Mr.'Horner and several persons pre-
sent in interest of .the application that it'would be referred back to
the Council Monday night, July 26th for action.
There being no further business, the meeting adjourned.
Dorothy C. Lykes, Secretary
Approved: _b (f' /
Warren Baldwin