HomeMy WebLinkAboutboa_11 16 1953MINUTES OF THE MEETING
OF TIM
BOARD OF ADJUSTMENT
The Board of Adjustment met in the Council Chambers, City Hall, Monday
November 16, 1953, at 2:00 p.m., with the following members present:
Mr. Warren Baldwin, chairman
Mr. W. H. Marak
Mr. Paul Parks
Miss Emily Penton
Docket No. 69-53 - Mrs. Frances Eagle, (by Arkansas
Paint and Roofing Co.), 1504 Rock Street, described
as Lot 11, Block 50, Original City of Little Rock;
zoned "D" Apartment District; requesting a waiver of
side yard space in order to add open carport onto
existing structure as shown on the plot plan.
Mrs. Eagle was present and stated that she wanted to build an
open carport on the side of her house. She told the members that she
had notified the lady next door but that the lady just didn't want to
sign the notice of hearing. There were no objections to the petition.
Miss Penton made a motion that the application be approved;
seconded by Mr. Parks. The motion carried.
Docket No. 70-53 - Southwest Builders, Inc., 23 Edgehill,
described as Lot 23, Edgehill Addition, zoned "A" One -
Family District; requexting a waiver of front and rear
yard space as determined by the City Engineer.
Mr. Baldwin asked Mr. Carter if he was requesting a waiver of
front and rear yard space.
Mr. Carter replied that it would depend on the interpretation
of what the requirements are for the front and rear yard space on this
lot. However, according to the city engineer, he stated that he was
appearing before the Board of Adjustment for a waiver of front and rear
yard requirements. Mr. Carter stated that there is no designated number
of feet ruled on by this Board.
Mr. Stephens said there is a variation depending on the size
of the lot and the building line established by the surrounding homes.
Mr. Carter asked the Board how far he should set back from his
property lines. It was pointed out that in an "A" One -Family District
a front setback of not more than 75 feet could be required. It was also
pointed out that a setback of 75 feet could not be required in this case
because it would swallow up the lot.
It was brought out that at least 40% of the block is developed
and that new construction would need to line up with the average exist-
ing building line.
The Board then referred to the Zoning Ordinance and read the
paragraph which stated that should 40% of a block be developed then the
other houses constructed must be setback in line with the front building
line so established by the other 40% of the houses on that block.
Mr. W. S. Mitchell explained to the Board that the Bill of
Assurance requires a 40' front setback on all of the lots ix and the
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reason that Lot 23 is not mentioned among those requiring a 40' setback
is because it was not considered a building site. - - Mr. Grover Owen's
told the commission that should a house be constructed on Lot 23 and
setback 40' then it would actually leave only 500 square feet on which
to build a house. Mr. Owen said that he.didn't feel that 500 square
feet was enough to build a house on.
Mr. Herschell Bricker said that some of the homes in that
area are setback even further than 40' from their front building line.
Mr. Carter showed the Roard, and those present in interest of
the application, a plat of his proposed structure pertaining to the
location on the lot in regard to the property lines. According to the
plat shown at the meeting, a front setback of 25' is proposed with the
building coming within 20' of the rear property line at one point.
Mr. Lund who drew up the recorded plat of this addition, told
the Board that a building line is not shown on the plat for Lot 23 be-
cause it was not considered a build -able lot.
Mr. Carter asked that Mr. Lunds remark be shown in the minutes.
Mr. Carter reminded the members that this lot is numbered on
the recorded plat and therefore in his opinion indicates that it is a
lot on which a house can be built.
Mr. Mitchell asked Mr. Carter if he was aware of the fact that
Mr. Z. Bensky had requested a waiver of front and rear yard space before
the Board of Adjustment before he purchased the lot from Mr. Bensky?
Mr. Carter refused to answer the question.
Mr. Mitchell then discontinued his conversation with Mr. Carter.
He then adressed the Board and stressed the fact that the Bill of
Assurance says that all residences must setback 40' from their front
building line. He said that if one section is more pertinent than another
then the section in the Bill of Assurance would be the most applicable.
Mr. Marak asked if he had definitely heard Mr. Mitchell correctly
when he pointed out that the bill of assurance requires a 40' setback
of all residences in that addition. Mr. Mitchell answered "yes". He
explained that the building xx line on the plat shoves a 40' setback on
all lots with the exception of Lot 23 and no building line is shown on
that lot thus meaning that a house could not be constructed on this loti
Mr. Mitchell requested that the Board consider all of the re-
cords in the two previous meetings regarding Mr. Bensky's petition since
it was requesting relatively the same waivers for the same lot. Mr.
Baldwin stated that Board would take all of the previous facts regard-
ing this lot into consideration before making their decision today. He
added that the minutes from the two previous meetings are before the
members at this time, therefore, he didn't think it would be necessary
to indlude the facts in these :tz minutes since they are already on record.
The members discussed this matter thoroughly. They felt that
all of the homes in that addition are setback at least 40' and should
the Board grant a waiver of front yard space then it would permit a house
to be constructed on Lot 23 which would not be in keeping with the other
houses and thus would decrease the surrounding property in value.
Mr. Marak made a motion that the application be disapproved
since it would not conform to the existing building line; seconded by
Miss Penton. The motion carried.
Docket No. 71-53 - George Jones, 1504 East 3rd Street,
described as the South 34.9' of Lot 27, Block "A",
Fletcher and Clark Addition; zoned "C" Two -Family
District; requesting waiver of yard space, lot area,
and permission to build new room on existing house.
No one was present to represent this application. The mem-
bers studied the plat showing the proposed addition onto to the exist-
ing house. They pointed out that the lot is substandard in size since
it is 341.x 701. Mr. Baldwin said that he had looked at the property
before the meeting and felt that an addition should not be made on the
west side of the house because it would create a traffic hazard.
Mr. Marak made a motion that the application be disapproved
since it would create a traffic hazard on the west side; seconded by
Miss Penton. The motion carried.
Docket No. 72-53 - Mrs. Oscar Gray, (by X.O. Pendall
Snow) 21/,1 Wolfe Street, described as Lots 8 and 9,
Block 4, Oak Terrace Addition; zoned "C" Two -Family
District; requesting a waiver of girts of two main
buildings on one lot for alteration to same.
Mrs. Gray was present and stated that she plans to build a
bath onto her house. The bath will be down stairs. She ownes two lots.
The members felt that there was no reason to deny the application.
Mr. Marak made a motion that application be approved; seconded by Miss
Penton. The motion carried.
The meeting then adjourned.
Board of Adjustment
Little Rock, Arkansas