boa_01 16 1956MINUTES OF THE MEETING
OF THE
BOARD OV ADJUSTME Nr
The Little Rock Board of Adjustment met in the Council Chamber on January 16,
1956. The following members were present:
Mr. W, H. Marak, Chairman
Mr. T. V. Allen
Miss Emily Penton
/— S(b
Docket No. -3* - W. S. Rogers, 5420 Kavanaugh Boulevard,
described as Lot Ten (10), Block Twenty-
three (23), Newtonts Addition to the City
of Little Rock, Arkansas, zoned "A" One -
Family District; requesting a variance
from the rear yard provisions of Section
11, Ordinance No. 5420 to permit the con-
struction of a kindergarten school build-
ing to within 5' of the rear lot line.
Mr. Rogers was present and stated that four years ago the Board granted him
permission to build the nursery school called "The Little Red School House" on the
corner lot. He is now using his two story residence to take care of the overflow
from this school and wants to build another building similar to the classroom build-
4ng on a lot now being used as playground. He needs a waiver of rear yard space in
order to have the play area in the front of the building where there is more sunshine
and the children can be supervised more efficiently. Mr. Rogers had contacted the
adjacent property owners whom he said were agreeable, and no one was present to ob-
ject to this request. Mr. Bean, a property owner nearby, did not sign the Notice of
Hearing due to the fact that he is in the process of liquidating his estate, but
stated that he had no objections.
When Mr. Allen asked if this did not require a change of zone Mr. Burleigh
stated apparently not since a school with a curriculum comparable to that of a public
school is permitted in a residential district. Mr. Rogers stated that all the Malay
area is presently enclosed with a steel wire fence along the front property line.
In regard to eaves and overhangs, Mr. Rogers said that there would be practically
none - only a matter of a few inches as the roof will slope north and south.
Mr. Burleigh said the overhand on the north side is what the Board is concerned with
and Mr. Marak suggested that Mr. Rogers place the building 7' from the property line
instead of 5' to which Mr. Rogers was agreeable, but said the back -fence would then
have to run to the corners of the building so the children would not be given a
hiding place. Mr. Burleigh asked if Mr. Rogers had checked with the fire department
to see if he could build a frame building this close to the rear line and Mr. Rogers
said he had talked with Captain Throckmorton about his plans and he seemed to be in
accord.
There were no further questions and no objectors were present.
In the executive meeting Mr. Burleigh stated that Mr. Roger's case was technical-
4ate since his only hardships are the- presently crowded facilities,thbod"iied(T
_Al.
r_Aayout and administration of the playground area, but said he foresaw no reper
cussions and that approval probably would be upheld by the court if it were
challenged. Mr. Marak said he was in favor of having the buildings staggered since
there would be more light. Mr. Burleigh pointed out that if the Tian behind
Mr. Rogers ever wanted to build a garage the north light would be gone. There was a
discussion of whether this was a business or permitted use. Mr. Allen said he was
in favor of approval if there was no possibiia.ty Of having future cases thrown up to
the Board for other business applications. The Board did not believe this would
happen and thought their position would be defensible legally.
Mr. Allen moved that the request be granted, Miss Penton seconded and the
motion carried unanimously.
There was no further business to come before the Board and the meeting adjourned.
Mrs. Melba. Lawing, S9cretary
Approved;
W. H. Marak, Chairman