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HomeMy WebLinkAboutboa_01 19 1970LITTLE ROCK BOARD OF ADJUSTMENT MINUTES JANUARY 19, 1970 MEMBERS PRESENT L. Dickson Flake, Chairman Scott Farrell, Vice Chairman Wm. Finley Williams Darrell D. Dover Dave Grundfest, Jr. MEMBERS ABSENT None - STAFF PRESENT Don R. Venhaus, Director .John L. Taylor, Asst. Director Louis E. Barber, Planner Leon Sneed, Subdivision Admr. Dorothy Riffel, Secretary -Recorder OTHERS PRESENT Perry Whitmore, Asst. City Attorney Jimmy Jones, Gazette Reporter 2:00 P.M. There being a quorum present, the meeting was called to order by the Chairman at 2:00 P.M. A motion was made for approval of the minutes of the last meeting as mailed, which was , seconded and passed. Action was taken as follows: Tract No. 1 - Z-2333 Applicant: Location: Des crwipt ion - Present Classifications Variance - Mrs. Samella Johnson 900 West 15th Street Lot 7, and the south 4 feet of Lot 8, Block 242, Original City "E-1" Quiet Business District Requests a Variance from the Main Structure Provisions of Section 43-2-(5) of the Code of Ordinances to permit more than one main use on a lot Mrs. Samella Johnson, the applicant, was present. She stated that she would like to use the property for an "E-1" Quiet Business operation, or as living quarters, which consists of two rooms. Mr. Venhaus explained that the question before the Board is for two structures on the same lot, in an "E-1" Quiet Business District. When the building permit was -1- Board of Adjustment Minutes January 19,1970 originally applied for m whatever the purpose of the building permit at that time the applicant was advised that they would not make that use of the property. The only thing they could get a permit for was an accessory storage building. They took out the permit for that purpose. Once construction was commenced,'it became quite clear that they had some other use in mind other than as an accessory. At that time there was a stay of procedure issued, and that --is why Mrs. Johnson is here. She is seeking some kind of use for the building e be it commercial, resi- dential or whatever. It should be kept in mind that this area is part of the Urban Renewal Area and they have applied certain land use restrictions to the area. The building and proposed use of the building would not meet with those land use restrictions. Any use such as requested by the applicant would not comply with the Urban Renewal Land Use restrictions for that Project. A letter from the Little Rock Housing Authority regarding its position is being made a part of the record. Mr. Robert Johnson, 900 West 15th Street, was present, stating that he had worked for Mr. W.C. McMinn for about 2h or 3 years and that the City had given him permission to move the small building 3 feet from the alley and 5 feet from the sidewalk; that it looks like a new building from the outside and he has installed a hot water tank and everything is in it - water and electricity o and that he had spent about $2,000. already. Mr. Flake suggested that it was the consensus of the Board of Adjustment that it should not act on this at this time but should postpone it until the February 16th meeting when the applicant might be able to have a representative present, and in the meantime the Board could go into this further and secure more facts. Mr. Flake explained to the applicant that the only reason for the deferment was to assure her of as fair representation as possible, and that in his opinion the Board would not be doing the right thing for them if action was taken at this time. The Chairman entertained such a motion,vhich was seconded and passed. Tract No. 2 - Z-2335 Applicants Locations Descriptions Present Classifications Variances Levi Hankton 1524 Peyton Street The South 93.33 feet of Lots 8, 9, 10, Block 10, Sidney J. Johnson's Addition "B"-Residence District Requests a Variance from the Yard Area Setback Provisions of Section 43-12 of the Code of Ordinances to permit addition to an existing non -conforming residence. Mr. Ward Martin, attorney, representing the applicant, was present, as was Mr. David Barnes, the contractor who will construct the proposed addition. He stated that this application is for a variance of yard space at 15th and Peyton Street, on the northwest corner of the intersection, facing west. The improve- ments consist of a one -family house occupied by four adults v Mr. and Mrs. Hankton, her mother, and an invalid brother. A screened porch on the west will be enclosed and a small room 11'6" X 9'6" for the invalid brother will be added to the house on the south side. The variance is necessary as the lot line is less than 5 feet -2- Board of Adjustment Minutes January 19 ,19°70 _ from the house, but the proposed addition will be set back 5 feet. The house is in good condition, and there have been no objections from surrounding property owners. A motion was made that the application be approved, which was seconded and passed. Tract No. 3 - Z-2267 Applicant: Sam Robinson, Jr. Location: 201 North Polk Street Description: Lots 11 and 12, Block 13, Pfeifer Addition and North Half of adjacent closed "A" Street Present Classification: "D"=Apartment District Variance: Requests Variances as follows: (1) From the Yard Provisions of Sec. 43-13 of the Code of Ordinances to permit construction in Rear Yard Setback (2) From the Front Yard Open Space Provisions of Sec. 43-21m(H)-(b) of the Code of Ordinances to permit parking in Front Yard Space There was no one present to represent this application. Pursuant to the policy of the Board to take no action on cases where there is not proper representation, a motion was made to defer action until the February 16, 1970 meeting, and that the applicant be so notified. The motion was seconded and passed. Tract No. 4 - Z-800 Applicant: American Security Savings & Loan Assn. Location: 1800 North Grant Street Descriptions Lot 5, and North 46.5 feet of Lot 6, Block 9, Mountain Park Addition Present Classification: "E-11' Quiet/Business District Variance: Requests a Variance from the Front Yard Open Space Provisions of Section 43-20-(2)-(f) of the Code of Ordinances to permit sign in Front Yard Setback; and (2) from the Sign Area Provisions of Section 43-6 of the Code of Ordinances to permit sign to be erected which is in excess of permitted size area. Mr. J. D. Sampson, Jr., President of the American Security Savings & Loan Association was present, as was Mr. Warren Mercer, its Vice President. He stated that they are _making a request for a variance to erect this sign in an "E-l" Quiet Business District, the size to be 10' X 4'=10", 12' from the ground level, facing Grant Street and Cantrell Road in a catercornered position and being double-faced. He stated that their problem was that in approaching their property from the north the building sets back so far that it cannot be seen until reaching the intersection. Mr.S impson -3- Board of Adjustment Minutes January,19,1970�� also said that there is tremendous traffic movement on Cantrell Road but the building is not visible from a distance to these motorists. "It is strictly a matter of economics from our point of view, and if possible we would like to erect a sign," he said. There have been no objections from adjacent property owners, and in his opinion it would not be detrimental to anyone in the area if they are permitted this variance. Mr. Farrell suggested enhancing the existing sign with lighted lettering or adding color to existing lighting, but Mt. Simpson said he did not feel that that would do what they are trying to do, which is to identify their location. When asked if the sign had to be that large, Mr. Simpson stated that the size,was determined by an architect, and that he personally thought it was too large, but that he wanted a larger sign than was permitted in an "E=1" District. Mr. Farrell added that "we are fighting to keep Little Rock beautiful, and signs have been one of the biggest problems we have had." He said he had designed this building and he hated to see a big old sign mess it up. A motion was made fora royal of this application as submitted provided the si n is located at least 5 feet west of the east property line. The motion was seconded and passed. Mr. Grund east 'abstained from voting. There being no further business, the meeting was adjourned at 2:45 P. M. L. Dickson Flake, Chairman -4- DON R. VENHAUS, Secretary. GEORGE MILLAR. JR. EXECUTIVE DIRECTOR CLIFTON L. GILES ^SSISTANT EXECUTIVE DIRECTOR G. PRESTON BILHEIMER CONTROLLER Little Rock City Hall Little Rock, HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK COMMISSIONERS FRED W. PARRIS CHAIRMAN BEN SCROGGIN, JR. VICE CHAIRMAN u JESSE POWELL PURCELL SMITH LOU B. HOFFMAN Planning & Building For A Brighter Tomorrow... SUITE 440, CONTINENTAL BUILDING LITTLE ROCK, ARKANSAS 72201 TELEPHONE 376-2961 AREA CODE 501 January 14, 1970 Board of Adjustment Arkansas 72201 Attention: Mr. Don R. Venhaus, Director Department of Community Development Gentlemen: Reference is made to the Notice of Public Hearing dated January 7, 1970, which announces a hearing to be held at 2:00 P.M. on January 192 1970, by the Little Rock Board of Adjustment for the purpose of considering a request for variance from the Main Structure Provisions of Section 43-2-(5) of the Code of Ordinances to permit more than one main use on a lot for the following: "Tract No. 1--Z-2333 - Mrs. Samella Johnson, 900 West 15th Street, described as Lot 7 and the south 4 feet of Lot 8, Block 242, Original City. Zoned 'E-1' Quiet Business District." You are advised that the above described property (a corner Lot) is within the High Street Urban Renewal Area, Project ARK R-6. It is our understanding that the remodeled and reconstructed structure in question is now planned for residential use rather than its former use as a storage building. The minimum Standards for the Redevelopment and Rehabilitation of the High Street Urban Renewal Area require that the gross floor area per dwelling unit shall be not less than 600 sq. ft. per family for a one family dwelling unit. In the instant case there are only 424 sq. ft. Further, the Standards require for each dwelling unit, single family or duplex, that they shall contain not less than three habitable rooms (one of which shall be a bedroom) and a bathroom, so arranged and equipped to provide suitable and Little Rock Board of Adjustment Page 2 January 14, 1970 desirable living, sleeping, cooking and dining accomodations ordi- narily considered necessary to a permanent home. In the instant case there is only one habitable room and apparently a bathroom. The Standards for High Street also require that there shall not be two residential structures on the same interior lot, one in the rear of the other. They are silent, however, on a cornet lot. But, the Standards do state that all uses of land and construction of buildings shall conform with the applicable laws, ordinances and regulations of the City of Little Rock and the State of Arkansas, and with the officially adopted Urban Renewal Plan. This of course would include the requirements of the Code of Ordinances, Section 43-2-(5), that "Every building hereafter erected shall be located on a lot as herein defined and in no case shall there be more than one building on one lot except as hereinafter provided". It is therefore considered that in the instant case there would also be involved a waiver of the adopted Urban Renewal Plan as the former storage building has been materially altered including structural changes as well as proposed changes in use. This office must therefore object to the requested adjustment. Very truly your , William D. org Urban Renewal 0 icer FOR/as