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HomeMy WebLinkAboutboa_07 20 1953MINUTES OF THE MELTING OF THE BOARD OF ADJUSTMENT The Board of Adjustment met in the Mayor's Conference Room, City Hall, Monday, July 20, 1953, at 2:00 p.m., with the following members present: Mr. Bruce Anderson, chairman Mr. Warren Baldwin Mr. W. H. Marak Mr. Paul Parks Docket No. 40-53 - Joseph W. Brown, 2417 north Jackson Street, described as the north 36P of Lots 1, 2, 3, 4, 5, & all of Lot 6, Block 1, Newton's Addition, zoned "A" One -Family; requesting a waiver of restriction against two main structures on one lot and waiver of requirement of facing upon a street or an officially approved place. Mr. Hamilton, attorney, represented this application. He ex- plained that lots 1, 2, 3, 4, & 5 were originally platted to face Hawthorne Road and that Lot 6 was platted to face ItiTorth Jackson. However, these lots have never been used as platted this way. When Mr. Hamilton applied for a building permit several technical problems were called to his attention. He was informed that these problems would have to be taken care of before he could secure a building permit. Mr. Hamilton said that there a matter of two main structures on one lot. Second, there is the question of facing the houses on the -property. Third, is the problem of making an easement and drive for access to the house on the rear of the lot. He said that it is a question of whether the house could face the easement or not. Nr. Hamilton pointed out that the structures will conform to all setback requirements. Actually, he felt that the main problem before the commission at this time is the location of two main structures on one lot. He presented a sketch of the lots as platted and the proposed location of the two houses on the property to the members to clearify the situation in their minds. The passage -way will run on the south side of the property. Mr. Rogers was present and explained to the members that at the time this application was filed, he had proposed to purchase a por- tion of the property in question as a protection of his home which adjoins these lots and faces Hawthorne Road. However, after the application was filed, Mr. Rogers withdrew his offer to purchase a portion of these lots until after the Board had acted on the matter. He told Mr. Hamilton that he did not know if he would be able to resume his offer if the Board acted favorably on the application or not, but nevertheless he was pre- sent in interest of the case at this time. Mr. Rogers stated that he did not want his home too crowded as far as ample yard space is con- cerned and that if another house is constructed on the property at the rear of his lot then he felt it would A tend to over crowd the area. He was most concerned about his east side. Mr. Hamilton pointed out to the ffi Board that with the dis- tance fx= which Mr. Rogers house now exists from his property line, the 12' proposed easement and the required g' side yard space requirements for the proposed house will actually give a distance of 25' between the two houses and that he did not feel that Mr. Rogers was justified in his objection of being over -crowded. -2- The members discussed this application and felt that in view of the large lot which is actually 1032' x 107' permission diould be granted two houses on the property with a driveway as an access to the house on the rear. The did not think that 25' would be too close to Mr. Rogers house. Mr. Baldwin made a motion that the application be granted; seconded by Mr. Marak. The motion carried. Mr. Baldwin made a motion that the application be approved; seconded by Mr. Marak. The motion carried. Docket No. 41-53 - Church of Our Lady of the Holy Soule, (by F. A. Allen), Southeast corner of Tayler and "I" Street, described as Lots 9 and 10, Block 16, Hollenberg's Addition, zoned "B" Residence; requesting a waiver of yard space as shown on plot plan so as to permit addition to church building. Docket No. 42-53 - J. C. Bemberg, 1103 North Filmore, described as Lot 7 & south 20' of Lot 83, Block five (5), Hollenberg's Addition, zoned "A" One -Family; requesting a waiver of side yard space as shown on the plot plan in order to add a screened -in porch on said property. Mr. Bemberg was present and showed a sketch of his proposed screened -in porch to the Board. There were no objections. Mr. Marak made a motion that the application be approved; seconded by Mr. Baldwin. The motion carried. Docket No. 43-53 - J. G. Ferguson, 1317 South Filmore, described as Lot 8, Block 5, Oak Forest Addition, zoned "B" Residence; requesting a waiver of side yard space as shown on the plot plan in order to add a carport on the north side of the house. Mrs. Ferguson was present and stated that they plan to con- struct an open metal carport on the north side of their home. The car- port will be 9' x 18' and will extend over to their property line. She contacted the neighbor living on the north side of her property first since that neighbor would be the most effected in the vicinity. Tars. Ferguson stated that there were no objections. A driveway already exists on the north Bide of her house. Mr. Baldwin made a motion that the application be granted pro- vided that the carport is an open fireproof structure; seconded by Mr. Marak. The motion carried. Docket No. 44-53 - R. C. Ray, Jr., 1620 Pine Valley Road, described as Lot 195, Kingwood Addition, zoned "A" One - Family; requesting a waiver of yard space as shown on the plot plan. -3- Mrs. Ray was present and showed a plot plan to the members. She explained that by the time they locate their house on the lot in a fairly buildable spot then they will need a waiver of rear yard space. Actually, due to the terrain of the lot, the location of the house as shown on the plot plan is about the only way inwhich they will be able to build on the lot. She added that she regretted having such little rear yard space for she had children and would prefer having them play in the back yard rather than the front. There were no objections. Mrs. Ray pointed out that the neighbor in back of her is actually closer to her property line that Mrs. iay's home will be. Mrs. Ray told the members that she had been unable to contact two of the property owners within 140 feet so she sent them registered letters. Mr. Marak made a motion that the application be approved; seconded by Mr. Baldwin. The motion carried. Docket No. 45-53 - Mae Lunsford, 1316 Cumberland Street, described as north half of Lot 8 & all of Lot 9, Block 21, Original City of Little Rock, zoned "D" Apartment; request- ing a waiver of yard space and permission to have two main structures on one lot as shown on the plot plan in order to convert. rear servants quarters into an apartment. Mrs. Lunsford was present and stated that she proposes to remodel a garage on the rear of'her property and convert it into an apartment. She also plans to live in the apartment herself. There are three apartments on the front of the lot. Mrs. Lunsford stated that the structure has a concrete foundation. Mr. Baldwin said that the garage looked as if it needed to be torn down it was in such bad condition. Pubs. Lunsford said that the rats etc. were very bad in the structure so she felt that anything would be an improvement over the present condition. There were no objections. Mr. Baldwin stated that the ::tructure was in such bad con- dition that it should be torn down._ He added that the. Board had'been consistant in dening garage'----`,m9ntstTr. Marak made a motioi, that the application be denied; seconded by Mx. Baldwin. The motion carried. Docket No. 46-53 - Seventh-Day* Adventist Church, triangular strip of land bounded by Kavanaugh, North Martin and Lee Avenue, described as Block 3, I'airfax Terrace Addition, zoned "B" Residence District; requesting a waiver of yard space as shown on the plot plan in order to construct a church on said property. Mr. Carl Langston, a protestant, first of all requested that the Board defer the hearing on this petition for thirty days in order to give the surrounding property owners in that vicinity more time to prepare a protest petition which would contain many more names than the one which he is presenting at this time. The Board decided that the hearing on this application should be held at the present time and proceeded with the hearing. Mr. Lan.ston told the members that in the past they had tried to locate a golf course on the property and that a playground had been established there before. Rev. W. H. Elder, Jr., was present as the spokesman for the Seventh Day Adventist Church. He explained that the church is request- ing a waiver of yard space in order to build closer to Lee Avenue than -4- the setback requirembnts allow. The church proposes to build within 5 feet of Lee Avenue and it will also be within 5 feet of the point which connects Lee and Kavanaugh. The front of the building will face Lee and Kavanaugh. The slope of the lot is the reason for locating the building in the way which they propose. They pointed out that off-street parking will be provided on the side and in rear of the church. It was pointed out that regardless of which way the structure faces, a waiver of yard space would be required since the lot has three fronts. Nor. Langston asked Rev. alder if the majority of the members of his congregation live in that vicinity. Rev. Elder answered that some of his members live in that area, but actually the church will serve all of Little Rock. Rev. Elders explained that his church plans to purchase this property from the Christian Science Church. There will be no alley on the property. Another protestant objected to the granting of this waiver because it would create a traffic hazard. He brought out the fact that this church convenes on Saturdays and that it would only add to the traffic problem which already exists on Iavanaugh. Rev. Elders called the members attention to the fact that there are only 165 members in his congregation and that off-street Parking would be Provided on this strip of land. In addition, the members can mark on some of the off -streets leading to this property. Mr. Langston pointed out that the Shturday afternoon football games which take place at War Memorial Stadium would certainly contri- bute to the traffic problem in that vicinity and would indicate even more strongly that a church should not be located on this property. Rev. Elders reminded Pair. Langston that the church will be meeting on Saturday mornings and would not be there on ,Saturday afternoon. Rev. Elders added that the church building- will be a one hundred thousand dollar structure. Mr. Henderson was objecting to the waiver for the rear of the church will face his front yard. In fact, he thought when he purchased his property that a single-family house was all that could be located on this block. Mr. Larry Vineyard was also protesting to the application. He pointed out that the . churclj pu:ld be unable to provide for all of their members off-street parking and that actually over hald of the congregation will have to park on public property. He also stated that Lee Avenue is a narrow street and would not be able to take care of the added traffic. Parking is not permitted on Lee Avenue in this vicinity at this time. One of the protestants explained that even when the play- ground was located on this block, it was a traffic hazard for the children crossing the street to get onto the grour6s. A fence also was built all around the block to insure the childrens safety. The members felt that this waiver would contirbute to a serious traffic problem which already exists in that area. Mr. Marak made a motion that the application be denied; seconded by Mr. Parks. The motion carried. Mr. John Hibbler was present and explained that he needed a waiver of yard space in order to locate three houses on his property. IJIr. Hibbler bought these houses in the Dunbar area dnd has already moved them on his property. Previously this month, Mr. Hibbler had requested a zoning change w1th a waiver of yard space before the ;Tanning Comission. however, he withdrew his rezoning request and the Commission referred the matter to the Board of Adjuttment. -5- The board members felt that they needed time to study the situation over before making a decision and for that reason they deferred the application for.30 days until next months meeting. The meeting then adjourned. Board of Adjuttment Little Rock, Arkansas