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boa_07 18 1955Page 1 of 6 0 r (L co m Q Z N v CL Cb m MINUTES OF THE MEETING OF THE BOARD OF ADJUMIENT The Board of Adjustment met in the Council Chamber, City Hall, on July lap 1955 at 2:00 P. K. with the following members present: Mr. .Warren Baldwin, ghairman Mr. T. V. Allen Mr. W. H. Marak Miss Emily Penton Docket No. 23-5J - Highland Heights Presbyterian Church (By Robert F. Dates), 3323 West 12th Street, described as Lots Four (4), Five (5), and Six (6), Block Fifteen (15), ,Tones and Worthen Addition to the City of Little Rock, Arkansas, zoned "B" Residence District; requesting a waiver of rear yard space for new church building on said property. rir. Robert F. Oates was present to represent the church and stated that the proposed structure is to be brick veneer with concrete block interior. This is a case of three structures or one parcel of ground. The building will replace three small wood frame a buildings which are on the lot at present. The existing resi- dences will continue to be used as such for financial reasons, but will be removed eventually. Mr. Allen asked what t hr remainder of the ground would be used for? Mr. Oates answered that in the future they plan to build a sanctuary on the east side of the property where the resid4nces are now located. Aar. Stephens asked i,lr. Gates if the church had given my thought to off-street perking facilities since it is on Weat 12th Street? The answer was no. It was stated that the building would be a two story structure, matching the present build- ings in height; approximately 22-23 feet. There were no other questions asked and no objectors were present.. Mr. Marak moved that this request be granted; Miss Penton seconded and the motion carried. Mr. Allen voted no because of the fact that no off-street parking was planned. Docket No. 24.55 - James W. Woodard, 2210 Blackwood Road, described as Lot Forty-one 41), Queen 14anor Addition to the City of Little Rock, Arkansas, zoned "C" Two -Family District; requesting a waiver of rear yard space on said property. This had been discussed previously with a decision in favor of the applicant, due to the size and shape of the lot and was on the docket for re6ord. Mr. Woodard was not present and there were no objectors present. Q Z Pare 2 of 6 Mr. Allen moved that this request be granted; bliss Penton seconded and the motion carried* Docket -No, 25-55 - Jacob E. Simon, 800 Ferry'Street, described as part of Block Three (3)0 Johnson's Addition to the City of Little Rock, Arkansas, described as follows: Began at the DIE corner of Block Three (3), thence South 50 feet, thence West 100 feet, thence North 50 feet, thence East 100 feet to the point of beginning, and that all property corners established are in accordance with exist- ing monuments of the addition; zoned "D" Apartment District; re- questing permission to add a 31 x 3.71 addition to existing distances from front and side property line on said property. iir. Simon was present and stated that he intends to enclose a small offset in his home for a closet. There will be no change in the distances from front and side property lines. The request was made because the work planned constitutes a structural change in the outside walls of a non -conforming use,' Mr. Allen moved that this be granted; Mr. Marak seconded and the motion carried, Docket No. 6- - Paul Ballard, 2J+03 East ll.th Street, described as Lot Sixteen 16), Block Twelve (12), Fair Grounds Addition to the City of Little Rock, Arkansas, zoned "G" Commercial District; requesting a waiver of yard space on said property. Paul. Ballard was not present, but the staff reported that there is a residence connected to a store on the lot at present. It was stated that this addition to the rear was to be a garage with a church on the second floor. This lot had been spot zoned in the past to permit the store. No hardship was demonstrated in this case,. Mr. Allen moved that this request be denied, bii s s Penton de conded and the motion carried. Rocket I4o._27-53 - John Branch, (by H. A. Rushing Plumbing and Con- �-struction Company), 513 Fester, Strsety descrribed as Lot Five _(5), Block Seven (7)9 67eil's Addition to the City of Little Rock, Arkansas, zoned "B" Residence District; requesting a waiver of two main structures on one lot and a waiver of yard space on said property. Mr. Rushing was present to represent Mr. Branch. He explained that there is a small four room house, 28' x 28' set on the back of a well kept lot. I'ir. Rushing stated that Mr. Branch wants to build another small house on the front of the same lot and is asking for a waiver of two main structures on one lot and a waiver of yard space. 11r. Stephens asked I•Ir. Rushing if he could demonstrate a hardship in— volved on the property that would justify two main buildings on one lot? Mr. b !� Page 3 of 6 CCl lashing did not demonstrate any hardship or show evidence of being deprived of 6750 © reasonable use. lir. Stephens explained 'chat the lot in question has only of 10,000 square re feet. Z square feet and that the zoning ordinance requires a minimum There were. no farther questions asked and no objectors were present. f- N The staff reported that granting waivers of this kind tends to lower the property values of surrounding properties byye-rowding and createsherthan an diti n e0 favorable for future slums that will later aproblem to the City. Mr. Allen moved that this request be denied; Miss Penton seconded and t$e motion carried. Docket No 28- - Dr. J. C. Che snutt, Scenic Drive Boulevardt de - Heights scribed as reserved area east of Lot Forty-one (41), Scenic Addition to the City of Little Rock, Arkansas, zoned "A"'One-Family District; requesting a waiver of front and rear yard space on said property. Mr. L. B. Burrow was present to represent Dr. Chesnutt. Mr. Fred Parrot, builder., was also present to answer eny questions the Bo and mi ght want to a sk about the proposed construction. It was stated that the terrain in this area is ea ac vere the ry q rough. Other property owners in the vicinity had found it necessary amne type of waiver in order to build. Mr. Burrow stated that due to the terrain it i s impossible ssi b3 e to build �ything to the rear since the lend damps almost verti- C�tally to the railroad. O1 Mr. Stephens explained that this lot was never platted on the original Scenic Heights Addition asan official 'lot by there are othererPlannedEaxe�laft in this ssion, but aaddition. s shown s , reserved. Iie stated rla�. Allen asked Mr. Burrow if the owner proposed to have this lot platted? m Mr. Burrow answered that he would if it was desired by the City. W Mr. Allen moved this$ Pinto q estsecobedreferred to and the motion carer ea� Commission or 0 'their recommendation; M Ze# (n Docket No. 2 - - Bishop Albert L. Fletcher of the Roman Catholic Diocese of Little Rock, described as the sE corner of the interw section of North Taylor Street and Grandview Road, d as Iorth, follows-, A portion of the iVE1 ins at a paint 25 Range 12 [Te st, Pulaski County Arkansas, beginning thence feet east of the northwest corner of said la4l S� and run South, 260 feet; thence east 310 feet; thence north 260 feet; thence west 310 feet to the point of beginning; caned "An me Family e�nts in order District-, requesting a of aer of fn andCatslivChurchand Monastery on to permit construction said property. Page A. of 6 Mr. Tom Bonner was present to represent Bishop Fletcher of the Roman Catholic Diocese. '_3e summarized the plans of the Church to build a monastery and chapel on the site. The monastery would be for The Discalced Carmelite Monastery of St. Teresa of Jesus", which is an Arkanvsas benevolent corporation belonging to an inter- national order,of Catholic dduns. The building would be placed at the northwest corner of the forty acres owned by Bishop Fletcher on which St. John's Seminary is now located. Mr. Stephens stated that at the present North Taylor Street apparently has a 25' right-of-way. He asked 14r. Bonner if the owner bad given W7 thought to dedi- cating an additional. 25 ° for widening this right-of-way to 50t. fir. Bonner said he did not know if the 25' had been dedicated or not. The plot plan he had showed the lot lines 25' back from the center line of 'Taylor Street, but he did not know if actual dedication had been made. He also stated that the title to the property will probably be transferred to "The Diecalced Carmelite Monastery of St. Teresa of Jesus, Inc." Mr. Stephens asked about the status of the 811 sewer that crosses this tract and if the proposed wall would be permitted tp'the sewer department since it crossez the line twice. There was a discussion at this time concerning the height of the proposed wall. Mr. Stephens explained to tor. Bonner that the Board was not concerned with height regulations set out in the Building Code of Little Rock and that he would have to appear before the City Council for any deviation from it, Nir. Bob Downey was present and spoke for some of the property owners in the area. He explained that they did not know enough of the details of the plans to say whether they objected or not. He stated that if the wall was too high or too close to Taylor Street or Grandview they iould, object. Mr. Raymond Ubok was present and discussed the height of the wall. He also said if the 50' right--of-way for Taylor Street was dedicated and the well height reasonable he dial not believe the people would objectp but if Taylor Street was bottlenecked into a nakrow right-of-way there would be objections. MI-. Burleigh stated that.the wall would have to be very high if they intend to block the view from the two houses to the side. The staff reported that the area is properly zoned for the chapel, but that the Board can approve the location of the Monastery as a special exception under Section 18-4. The requested waiver of side and rear yards constitutes a variance which should only be granted on demonstration of hardship. However, by increasing the size of the proposed tract, the requested zoning variance can be obviated and this aspect of the. project made to comply. Mr. Edward M. Penick, a property owner in the area, was present and stated that he felt the property owners were entitled to some additional time to examine the details of the plans and to get expert advice on the matter to determine if this would depreciate the value of their property. NIr. Bonner said there was no rush and that time would be given and plans furnished for this if the Board de- sirad. Mr. Allen moved that this application be sent to the P. C. for their recom- Pa Ee 5 of 6 mendation since it also involves subdivision and dedication of land; Miss Penton seconded and the motion carried. Docket No. 30-- M. V1. Eberta Post No, 1, American Legion, (by Gordon G. Wittenberg) 1521 West 7th Street, described as the I1e3t Ten (10) feet of Lot Five (5) and Lot Six (6), Block Four hundred thirteen (43), Comptonis Subdivision, Lincoln's Addition to the City of Little Rock, Arkansas, zoned I'D" Apartment District, re- questing a waiver of front sad side yard space on said property. Mr. Kay Matthews was present to represent the M. M. Eberts Post No. 1, America2 Legion, Their lot is 621 x 100t, fronting on West 7th Street. They are asking for a waiver of front and side yard space to p8rmit construction to the property lines on the north and east. The proposed building to house the Post will be of brick an c stone, a construction measuring 80' in length from Went 7th 3treet. leaving the re- mainder of the lot as rear yard space. They plan eventually to demolish the old frame building on the back portion of the lot and use the space for parking with entrance from Bishop Street. Mr. Stephens asked if the house on the rear of the lot would be torn down immediately? 14r. Matthews explained that it was exWeted to provide an income for a short period before being removed. Mr. Stephens stated that according to the provisions of the zoning ordinance evidence of hardship must be shown before the Board can properly act. The Board expressed concern about the use of the rear portion of the lot. Mr. Marsk asked what objection there would be to locating the proposed building back from the street; hir. ►Matthews then stated that the rear yard could be used for possible future expansion. lie was reminded that this would eliminate the proposed parking for which the waiver is being requested. The question of side yard apace for the house to the east was brought up and it was decided that the side yard space would be eliminated with this proposal and that a question of lot lines might also be involved. Mr. Marak moved that this be,deferred until additional information is provided;, Miss Penton seconded and the motioA carried. D2AQ_t Pao. 3J-,55.- molders ;Aveatme4t,Q9mpaoy9 320 Gakwo'.Street described as-tho'Soath thlrty:430 feed of Lot Eight (8), forth Three (3) feet of Lot Seven (7), Block One hundred thirty-three (133), Original City, Little Rocki Arkansas, zoned "G-1" Com- mercial District; requesting a waiver of front yard space on said, property.. At present an old, re sideoce ; is located on the property. The owner proposes to remove the residence and eoAstuct, SA office building which would be i and cover the entire fivat' part of'the lot. It was suggested by the staff that the property sine an the south side of the lot be investigated to be sure that the yard spaces of the apartment house next door were not being diminished. The re- quest for waiver of front yard spaces ie needed in order to provide a maximum Page 6of6 amount of parking space on the rear portion of the lot. After igveptigating the validity of the property line in question W tianling it to be valid the Board unanimously approved the requested waiver. An election of officers was held at this time. Mr. Marak was elected chair- man and kiss Penton was effected vice-chairman by a unanimous vote.< After some discussion the following policy was adopted concerning the filing of applications: Any application for a variance submitted to the Board must in- clude detailed information on the plot plans or as otherwise required by Ue staff, d-3monstrating the existence of a hardehip as specified by the law. There was no further business to come before the Board and the meeting was adjourned. NIrs. 14elbs ,Cawing, Secretary Approved Warren Daldwin, Chairman