Loading...
HomeMy WebLinkAboutboa_06 21 1965LITTLE ROCK BOARD OF ADJUSTMENT MI NUT ES JUNE�21., 1965 MEMBERS PRESENT Scott Farrell, Chairman W, R. Meek- W. H. Maras Maxwell Lyons MEMBERS ABSENT Cecil Kuehnert STAFF PRESENT John L. Taylor Louis E. Barber Richard Wood Dorothy Riffel Henry M. de Noble OTHERS -PRESENT. Jack Young, Asst. City Attorney Jerry Dhonau, Gazette Reporter 3:30 P. M. There being a Quorum present, the meeting was called to order by the Chairman in the Mayorrs Conference Room at 3-.30 P. t+.- A -motion was made for approval of the minutes of the last meeting as mailed, which was seconded and passed unani- mously. Action was taken on the following items: - Tract Nee' 1 - Z-1845 Applicant: Mrs. Sam Jenkins Location: 1701 High Street Description: Lot B, Jenkins Replat Block 39 Centennial Addition Classification: 01CB'-Two-family District Variance: Requests a Variance from the Rear Yard Setback Provisions of Section 43-12 of the Code of Ordinances to permit construction of residence Mrs. Sam Jenkins was present. She stated that she wanted to build a house at 17th and High Street? that she owned two lots which adjoined, and is asking for a Variance of t#e rear yard requiren►ents as her yard is only...19° 4", A motion was made for its approval as the tract lies in the -High Street Urban Renewal Project, and the ousF�ing Authority has no objection to the requested Variance. The motion was seconded and passed unanimously. Board of Adjustment Minutes - 6-21-65 -2- Tract No. 2 - Z-1453 App.licant: Immanuel Baptist Church f Location: 1000 Bishop Street ! Description: All of Block 3, FitzgeralFd's Addition 5'^ "C"-Two�famil District Classification: Y Variance: Requests a Variance from the Yard Area Require- ments of Section 43-12 of Code of Ordinances to permit expansion of Church building Lj CL' Mr. Floyd Sharp was present to represent the Church's petition, and stated that S the Church is going into an expansion program; that it owns the entire block and intends to buy the property across the street on 10th Street for parking area. Z) Their- plans call for the building to be constructed to 2% feet of the property = line on lath Street, and are requesting a Variance from the 25 foot back yard provision on the southwest corner. On the south side (11th Street), the plans * call for a circular drive for loading and unloading passengers which would be 20 feet wide and will need a Variance on the side yard to do this. On the south side and west side, the proposed building will be farther back from the line than the existing building. Mr. Norris Sparks of the architectural firmof Sparks and Blackwood, presented and explained the proposed layout. He stated that the Church owns three lots across 10th Street and is in process of buying the fourth which belongs to an elderly couple wjo want to live there for the remainder of their lives (they are 88 years of age). Parking would be taken care of by agreement with surrounding property owners to provide approximately 900 parking spaces. Mr. Mc Minn's property at 10th and Bishop is available to them, Drummond Funeral Home, the south side of the Baptist Hospital parking lot, the Kroger Store parking lot on High Street, and the D-X Service Station on Bishop Street would be available for Church use. He .explained that most of these parking lots are used by the owners on week days, and the Church would use then only on Sunday. He said there would be no addition to the sanctuary, but the expansion will include educational facilities, kitchen, library and office space. A motion was made for approval of the Variances requested except that pertaining to the authorization of the use of City property on the south side (filth Street side) for the purpose of a driveway, and provided satisfactory evidence of 160 permanent parking spaces is furnished the Department of Community Development, and provided 5 foot yard space be maintained on the north side (10th Street). (The Board explained ff that it had no authority to waive the provision of side yard variance on the south side - 11th Street, as the proposed drive would be in the City right-of-way.)The motion was seconded and passed unanimously. Tract No. 3 - Z-1046 €aJ Applicant: L. Julian Alexander fy) Location: 5100 Kavanaugh Boulevard (Country Club Station) < Description: Long Legal LtJ Classification: 'IF', -Commercial District CL Variance: Requests a Variance from the Yard Area Frovi- 0 si.ons of Section-43-15 of Co.de..of Ordinances and off =s_tr..eet parking provisions of Section 43-21- (A W O of Code of Ordinances to permit addition C4 to existing structure and less than required 0 number of parking spaces. 0 M Board of Adjustment Minutes 6-21-65 -3- Mr. Louis Rosen and L. Julian Alexander were present to represent the application. Mr. Rosen stated.that the prapased addition to the building would cower only 16.2% of the lot area; that try have {marking space for. eight cars, and that there is only.one emp.loy.ee involved in the operation of this Majestic Laundry pick-up station. The City had installed "stop signs" around this triangular shaped property in 1960 to safeguard traffic around it. Mr. H.B. Stubblefield, attorney, was present representing J. 0. Walthour who owns business property to the north and east. He stated that his client would be willing to buy the property in question and dmolish the building which is there now, which he said would be.a--.g'mat improvement to the neighborhood. Mr. Stubblefield further stated that frea _,&--p•lAaag s'tandpoTnts he fought that the structure should not be there at-_al.l.,.-.and that this was not a hardship rase except to the owner who only wanted to ifle contended that it is a non -conforming use and shou14__eOt:.!6—__ e*pwmW6 i-p-any -way; that it is zoned "A-1 B" and not "Fu- Commerci.al.; and that if -tiTis- Var-iance is granted, the owner wi 11 no doubt request a Variance to-expand_.on the west side of the present structure.. Mr. Stubblefield said that this cas-e_-has been before the Planning Commission and Board of Adjustment many times s.ince.-November 17, 1958 and each time it was rejected, and that on July 17,1961 the -.same. -.request was made for expansion to the west which was rejected and the Pl.anning_Commission ruIRA that the property remain non -conforming as it is now and should not be expanded in any way. Mr. William.L. Blair., Asst. Trust Officer -of the Worthen Bank & Trust Company and Mr. James: O.°.Ross_ 4f the Bank -were ..preset representing property owners on a trustee- ship basis for property to the east which they hold for rental purposes. Each time an application is.made to this .Board, he said, or to the Planning Commission, they get_.cwnpIai.nts from.each..saf.the tenants, and we can only reasonably assume that if this structure is built-, it -will aW.to the already bad traffic problem, and lessen the visual .access to the properties to the east, and that there will be another application -for expam- ion to the wesrt if this is °approved a The tenants in the build- ing to the: east-, fwe ---th -" t0wy are be-i-wg-b TcFckred from view of motorists approach- ing -from the - west.. Ne. staged.. that if the present -tenants tenants move there will . bey: an increased.problem of renting the units with a consequent reduction of rental to the owners. Mrs. an- the north and Mr. C. A. Barnett, 5101 .Kavanaugh., vo.i.ced. their Ohjvcti ons that the traffic hazard would be increased, and in their. oponi an it would :..bt a mistake- to enlarge the building. She stated that .her.. dup.lax:.pr.aper;.ty .has lost. tenants .because of the dangerous intersection at Van Buren ._an:¢ Club. -.lid. Mr. Rosen stated that the:ewner waul.d enter into a covenant that no expansion would be.. requested_ to.. the west; ._OWL. he. -didn't agree that it was_ a non -conforming use, contends that -.it --ice zDnaed._{'F'l:.8W. ►%w eslA like to have permi-saion to build the addi- tion requested. - Mr. Stubblefield said that on -Agri 1 14, 1959 in a suit brought by Tom Bonner that i t ..was not .zoned ..at that time. -iW. 01air asked --i;f- ttvere had -been a change of ci rcumstances wh i ch .would jAsti fy approval of thi s -Vafi ante s i nce the Board' deni ed it in 1961- He..was told -that increased traffic ire -this area would be, the only change since that t_iae_f°_ which- waauld-.be agood reason for it being denied. Mr. Board of Adjustment Minutes - June 21 4 ,1965�d -4m Rosen stated that the building located at this intersection prior to 1941 was a service station, and before that it was used as a streetcar substation. In Executive Session, a motionwas made for a2Rr�aval of the Variance provided the applicant submits a curb -cut plan for this property which meets with the appraval of the Department of Community Development. rh a Board felt that by having proper curb cuts instead of the entire area being opened to traffic as it is now, and . controlled access to and from the property would thereby help the traffic hazard. The motion was seconded and passed unanimously. Tract No. 4® Z-1846 Applicant: Elbert Fausett and Company Location, 7800 Choctaw Drive Descriptions All of Tract °ADS'-Bri arwood Subdivision Classification: 0°DA9®Apar':.rr�nt District Variance. Reque:.^:s P. Variance from the Yard Area Provisions of Sec. 43a13 of Code of Ordinances to permit construction of apartment buildings m also Variance from -the -Main Structure Provisions of Section 43m2®(5) of Code of Ordinances to permit more than one main structure on a lot. Mr. A. B. Speights, representing Fausett and Company, realtors and developers of this apartment complex, was present. Mr. Jan Garter was present as an adjacent property owner and stated that he did not object to this construction if there is a buffer between his -the itew development, and he wanted to clarify the building lines. He"stated that the plat showed a 101 easement which would mean that there would be only 15-foot yard space between the new construction and his property. Mr. Speights stated that the complex would have 40 units in a twr, story building in keeping with the residential styun-tunes surrounding the property. A motion was made to aE!pro►�e the Variances requested provided that on resurvey and field inspection of the property it was determined that a buffer dedication or easement existed between subject property and the adjacent property in Markham Manor Subdivision. The motion was seconded and passed. Mr. Scott Farrell abstained. (A. recheck of this' property on Tuesday, June 22, 1965, t".:. day following the Bo rd meeting, revealed that no easement or dedication of a buffer strip existed on subject property. Therefore, the Variances requested under this petition x'e denied - Tract No. 5 m Z-1843_ Applicants Location: Description: Classifications Variances Frank R. Thurmond 3320 South University Avenue The -South 319.9 feet of Lot 3, Riggs Addn. 0Tki®Commercial District Reque5ts that he be allowed to locate a public garage in 1101-zone under provisions of Sec. 43®22m(H)®(e) of Code of Ordinances. Board of Adjustmamt. Mi nut s June 21, 1965 m5m Mr. Ward Martin, Attorney, representing Hro Frank R. Thurmond, and Mr. Raymond Block of Block Realty Company9 were present. There were no objectors present, but a petition with 34 signatures (only a few of which are registered property owners within �40 feet -of -the subject property) was filed stating that a public garage. is Wt zzmpa_tibl.e with the surrounding residential area,, Little Rock Uni- versity Campus Comes, and .that it wouN reduce the desirability of resi- dential property with a consequent loss of va l ueo Mr. Martin &t thw�, the -'peti ti-oner plans to operate a garage on the south 319.9 feet of Lot 3, in Riggs Addition which will house a n .Buick Agency (Lee Vaughan Buick Company) which of necessity requires a;garage for the repair of automobiles to be eperatain conjunction with the Agency; that shop work stops at five o'clock on week. d;: • s and 12 noon rein Saturdays; that suitable property is not available downtown and it is a questionof survival. He stated that all codes and requirements would be met. This property is between the 7th Day Adventist Church, which property is for sale now, and M--Donald's Drive®In Restaurant on the north, and directly across from the Little Bock University Campus, from whom there has been no objectiono Mr. de Noble explained to Mr. Martin that University Avenue would have to be widened to straight*n the alignment ofthe curb, and this pinion paved. A motion was -made for 2a ova l of this Variance provided (1) that the curb in front of this property be reali d-to straighten it9- (2) that all construction of street, curb and gutter meet with the approva 1 of the Public Works Department; (3 ) that all parking areas conform to the parking ordinance; (4) that all garage work be done inside the buildings (5) that the rear yard space shall have no storage or c.pen trAsh occumulati on the outside of the building unless properly screened. The motion was seconded and passed unanimously. Tract No. 6 ® Z-1844 Applicant: Bill Layton Location: 8115 West 40th Street Descriptions. fast 1/3 of Lots 7, 8, 9, Block 61, John Barrow Addition Classifications. 11815mResidence District Variance: Requests a Variance from the Front Yard Setback Provisions of Section 43-12 of Code of Ordinances to permit addition to existing structure. Mr. William Beasley representing the applicant was present. He stated that he was not aware that the structure -projected beyond the property line until he saw the plot plaaa. He.voaIiunteeresi.:that the footings of the house -were only 2.2 feet from the property line in the front yard, 'Cut that the covered porch extended 1,5 feet beyond the property line. The proposed addition is to the rear of the house. A motion was made fora :provided the rw;.f and building line is brought within -dm p v -ty tine -era the West 40th Street side. The motion was seconded and passed unanimously. n N Board of Adjustment Minutes Jude 21 P 1965 a6m Tract No. 7 - Z-1526 Applicants Marigold Pentecostal Church Location: 9119 Asher-alveaje, Description: West-1/2 of Lot 2, Block 5, Westwood Addn. Classification: "A"-One-family-Dfstrict.a an:d."F'1-Commercial Dist. Variance: Requests a Waiver of hard Area requirements of Section 43=12 of Code of Ordinances to permit addition to Church This application was wi+h_held due to failure of the applicant to comply with instructions of the Staff as to submission of necessary documents. Tract No. 8 o Z-1848 Applicant: H. W. Roper Location: 8704 Oman Road Description: The -North 110 feet of the East 305 feet of Tract 23, Arnold's Highland Acres Classifications "All -One -family District Variances Requests a.Variance from the Provisions of Sec. 43-11 of the Code of Ordinances to permit expansion of nonmconforming.use. Mrs. Roper was present and stated that this is a 30' X 40' building used as a kindergarten on a 310' X 110' Tot. A motiorr was made for approval of the requested Variance. The motion was seconded and passed unanimously. RECONSIDERATION ITEM e Z-1649F Applicant: Dr. Charles W. Fowler Location: 5409 6*1-Street Description: Lot 5, and East 1/2 of Lot 4, Block 10, Pfeifer's Addition Classification: "C'ImTwo=family District Variance: Requests a Variance from the Front Yard Open Space P1rovisions of Secti.on.43m21-(H)(b) of Code of Ordinances to permit parking in Front Yard Space There was no one present to represent the applicant, and no objectors. A motion was made to grant the Variance provided that the parking area be paved as presently required by the Zoning Ordinance within 30 days. ADDENDUM Reconsider the minimum lot area requirements for Qarcels on the East-West Express- way at the request of the City Manager A motion was passed -by the Board of Adjustment on May 18, 1964, that the Staff be authorized to process.those.cases which comply -with the provision concerning lots of record as of March'17, 1937 as set forth in Section 43 of Code of Ordi- nances of the City of Little Rock, which exceed 4000 square feet in lot area, which was seconded and passed unanimously. Board of Adjustment Minutes - June 21, 1965 -%- The City is now involved in the purchasing of -parcels from property owners for the East-West Expressway right-of-way, and the required taking of lots which have less than 4000 square feet. Because the City is forced to pay more money for certain property due to the 4000 square foot requirement, the Board of Directors has asked that the policy be revised lowering the area to 3000 square feet° At the present time this concerns six lots only, but it is foreseen that there will be more such cases as..the project progresses. This would enable the City to acquire property at a reasonabl,e;_price. A motion was made to amend the previous motion substituting 3000 square feet for the 4000 square feet therein, abd-:res'tri:ct-fhg this policy to the procurement of East- West Expressway right-of-way. The motion was seconded and passed unanimously. There being no Iurther business, the meeting was adjourned at 5:45 P. M. John L. Taylor, Acting Secretary. i� a Scott Farr 1, Chai rOwn.