Loading...
HomeMy WebLinkAboutboa_08 17 1953MJ'NTUTES OF THE MEETING OF THE BOARD OF ADJUSTMENT The Board of Adjustment met in the Council Chambers, City Hall, Monday, August 17, 1953, at 2:00 p.m., with the following members pre sent: Mr. Bruce Anderson, chairman Mr. Warren Baldwin Mr. Paul Parks Miss Emily Penton Docket No. 47-53 - B. J. Smalley, 2101 nigh Street, described as North 41' of Lots 5 �, 6, Block 12, Fleming and Bradford Addition, zoned "C" Two -Family District; requesting a waiver of yard space and lot area as shown on the plot plan in order to hermit addition of bath and kitchen on said property. Major 0.. M. Dent was present to represent this application. He explained that Mr. Smalley's sister had worked for his family for years. Mr. Smalley plans to enclose the back porch and also added another room onto the existing house. At the present time, Mr. Smalley does not have a bath in his house and Major Dent explained that Mr. Smalley proposes to build a bath in his home. The members felt that a, bath was badly needed in the house. 1,4r. Baldwin made a motion that the application be approved; seconded by Mr. Parks. The motion carried. Docket No. 48-53 - Erma Scott Nursing come, 1516 & 1520 Cumberlamd Street, described as east 107' of Lot 7 and all. of Lot 8 & 9, Block 19, original City of Little Rock, zoned "D" Apartment District; requesting a waiver of yard space in order to add onto nursing home as shown on the plot plan. Mrs. Scott was present and stated that she has always had a licensed nursing home until this year and in order to get her license this year, the home must meet certain requirements of improvement. Mrs. Scott proposes to construct a frame building between the two existing structures thus connecting the three buildings. A sprinkler system will be installed throughout the entire nursing home and two so -and proof rooms with air conditioning units installed in these rooms will be placed in a window of the two rooms. Mr. Anderson asked Mrs. Scott if she had begun construction of the new building. Mrs. Scott replied that she had secured a building permit to remodel the exist - ink structures but had not started construction of the new structure. Mr. W. F.Daniels was present to represent his two sisters and Mrs. Green who live in the neighborhood. He said that the main objection to the application is the noise and disturbance caused by some of the ladies living in the nursing home. He added that he felt that these ladies who are causing such a disturbance must be mental cases and needed to be sent to the state hospital. Mr. Daniels also pointed out that there is a dddicated easment at the rear of the -2- property but not an alley. He stated that Mrs. Scott uses this easment all of the time. Mr. Daniels told the members that he thought a build- ing on the property had been constructed in recent years. Mr. Louie %ullens, contractor for I.rs. Scott, stated that he had been 'Jxs. Scott's contractor for six or seven years and that the buildings existed on the lots when he began working for her. He added . that he had done remodeling work on the buildings during this time but had not constructed any new structures. Mrs. Green presented a letter to the Board from the Mayor's Office which explained to her the procedure necessary to appeal to the City Council of the nuisance caused by the nursing home being located there. She objected very much to the moise from the home. Mrs. Green told the Board members that women would scream out during all hours of the day and night which was very disturbing to the surrounding neighbors. Mrs. Gertrude Williams objected to the noise created in the home. She told the members that she felt that if they dhould come out there and hear the screaming then they would understand how the neighbors felt. She added that she had worked hard for her home and had lived there for 46 years. Mrs. Bagley of 1400 Spring Street owner property in that block and stated that she had lost several tenants as a, result of the noise created in the nursing home. She felt that the few ladies in the home who were causing this disturbance should be removed to the state hospital for mental patience. �Irs. Scott told the members that she has two ladies ;•rho are very childish and spoiled. They call out to the nurses and many times only want the nurses to sit and talk with them. These ladies are 98 years old and Mrs. Scott stated that she just couldn't bare to send them to the state hospital for it would be like sending her own mother. She added that many prominent women are living in her nursing home who could afford to live in the Albert Pike Hotel if they -.,anted to but they prefer her nursing home. She explained that this new building will have two sound proof rooms in it for these patience which will also contain air conditioning up_it s so,that the windows will not have to be opened at any time. - - One of the neighbors asked Mrs. Scott if she accepted Aholic patience in her home. - - <_rs. Scott replied that she does not, but that people in that state are definitely sick and need such a home provided for them to help cure them of their illness. Mr. Anderson reminded the people present that the Board of Adjustment only has the power to waive the yard space which Mrs. Scott is requesting and has no power over the operation of the nursing home in that locality and the distrubances created by it. He stressed the fact t"! at the Board i. s only taking action on the oue sti on of the yard waiver at this meeting. The members discussed this matter a good deal. They felt that Little Rock definitely has a great need .for nursing homes to take care of old people and since this home is already established there then they saw no reason why they should deny the requested waiver. They were also of the opinion that Mrs. Scott is going to greatly improve her property and took into consideration that she plans to include two sound proof rooms with air conditioning in the new structure. -3- 14iss Penton made a motion that the application be approved; seconded by ivir. Parks. The motion carried. Docket No. 49-53 - Board of Commis.i onees of the Little Pock r�-unicipal Water Works, 2500 & 2508 North Pierce Street, described as Lots 7, 7, & south half of Lot 9, 31ock 27, 'ark View Addition, zoned "All One -Family Dis- trict; requesting a waiver of yard space as shown on the plot plan in order to construct a larger water storage tank which will be ap- lroximately120 feet in height and 90 feet in diameter. Mr. Tom Bonner, attorney, was present with Jack 11ilson, engineer, to represent this petition. Mir. Bonner explained that a pipe already exists on the property at the present time. This stand pipe has been on the property for 20 or 35 years, and is 80' high. The Stand Pipe is too small to take care of the heights area which has grown so repidly during the r,,ast few years. Since this stand pipe does not provide enough pressure in that area, the later viorks proposes to put in its place a larger storage standpipe which will be similar to this one and will hold approximately 5 million gallons of water. Cr they will put up an elevated tank if this isn't sufficient. They made a test in June which showed that the pressure is not near enough to take care of the heights area and that the water loj'orks needs badly to make some changes. Mr. Bonner pointed out that he lives two blocks from this pipe himself and although he would hate to see it erected near his home, still he realizes that the need for increased water pressure is urgent and he is not apposed to it. Mr. Bonner pointed out that it is a matter of nec- essity that the water pressure be increased in that area for should a fire occur in that vicinity the Fire Chief had stated that there would not be enough pressure to control or put out the .fire. When this new tank is erected then the pressure will be approximately 30 pounds at all tunes. At the present time, the pressure varies greatly through out the day and night. In the evenings the pressure is very poor while at about 6 in the morning there will be about an SO pound pressure. There are four pumps which exist on the property now and the :dater Works could add other pumps but this would not be economical nor very efficient. He stated that should one of the humps break down then it would cause the others to do the same and as a result, the entire area would be without Crater for some time. Mr. Bonner reminded the Board that the Water :forks already ownes the property on North Pierce and that it is an established fact that it is the highest point in the heights area. He brought up the fact that the existing -pumps are sufficient to take care of the areas on a lower level but that it is the higher area which really suffers from the lack of pressure. ;should more pumps be added it would not help the higher area because -all of the lower land obsorbe the water before the higher areas can -profit by it. Also this tank needs to be located in the center of the location which needs the increased pressure in order to be effective. Iir. Baldwin asked Mr. Bonner if the insurance rates of the property owners in that area mi.,,ht possibly be effected should the pre- ssure remain as it now 1-6? Mr. Bonner replied that he couldn't say except that he would think that the rates would be raised if the insur- ance company knew exactly how low the pressure in that area is now. Kr. Bonner added that the area is pretty well developed now and that the ,dater .-orks just didn't know of another snot in the heights zc where the tank might be located. -rIe pointed out that if the tank is moved out of the residential area Ven it wouldn't serve its purpose. Mr. John Jernigan was present to represent the -oropert;; owners in that area.. He presented a petition of protest which had been signed by procerty owners in that vicinity. He stated that the property owners are very much apposed to the application for they felt the tank should be located in an in3ustrial area and not in a residential district. He pointed out that most of the homes in that area are pretty expensive homes. he recognized the fact that better water pressure is needed in that location but that he felt the 'Water Works should try to figure out a better solution to the problem than locating in the center of a nice residential district. Mr. Jernigan brought to the attention of the Board that this proposed tank will be 120' in height as compared to the existing stand pipe which is 80' in height. This tank would definitely decrease the value of the property surrounc-ing it, Mr. Jernigan added. He suggested that the tank be put on the No. 10 highway. Of course, Mr. Jernigan stated that he knew nothing about the problems from an engineerin-• stand point but that it was the Water Works problem and he felt they should work something else out. Mr. R. B. Lowry stated that he lives in back of this property within 1501. Iie was of the opinion that even thou-•h a commercial dis- trict might not be as high as this property, he still felt that the tank needed to be located in.such a district. He added that the Ark. Power and Light Co. has a tower located behind Hall's Drug Store. IIr. H. D. Scott, 2501 N. Pierce, pointed out that actually there is a great need for larger water maines in that area and that the erection of a new tank on that property might be the answer to the pre- ssure n_roblem. Mr. Scott added that the water Works had purchased one lot in that vicinity during the past few years and that they must have some idea of this plan at that time. He felt that the Water 'vdorks could get some other location and that t'n.ey already own this property and for that reason are requesting to erect this high tank on that land. Per. Bonner reminded the Board that the main purpose for the Water Works locating the tank on this particular piece of property is because it is considered the highest point in the heights and also because it is in the center of the area which needs the increase in pressure. Mr. xmderson asked Mr. Scott when he had purchased his property. Per. .cott replied that he had bought it three years ago. Mr. Anderson then asked if Der. Scott had considered that the property in that area had been decreased at the time he purchased his lot. Mr. Scott explained that he didn't think the existing pipe effects the value of the sur- younding property as much as the proposed tank would due to the difference in height. Mr. Bonner reminded the members that the Water Works had made a number of tests and studies in that area before reaching their decision to erect this tank. They gave it a mod dell of study and would not have decided to go to this great expense unless there was a serious need for the change. He added that the Dater 4orks expected objections from nropert owners in that immediate area but that in comparison to these objections thousands of people will profit by the increase in pressure in the surrounding area. nir. Lowry added that if a tank 120' in height is erected on the property that it will decrease the value of pronerty for blocks. -5- Mr. Jernigan explained to the members that the property owners in that area had been notified on July 25th of the Board of Adjustment Public Hearing but that the City Council had given their approval of a tank of 1301to the Water Works on their meeting of July 27th. He felt that the surrounding property owners should have been notified of this meeting also for they would like to have been present to protest the action granted by the Council. Mr. Bonner explained to Mr. Jernigan that the Board of Adjustment required him to notify property owners within 140' of the. Board's Public Hearing but that legally he was not required to notify the surrounding owners of the Council meeting. He added that even though the Council had given its approval, it is necessary for the Board of Adjustment to also pass on this matter before they can secure a permit to erect the tank on the property. Mr. Guy Cobb, 2518 N. Pierce, stated that the pipe is located within about 801 or 90' of his home. He asked Mr. Bonner if his property would decrease in value as a result of the erection of a large tank on that pronDrty? Mr. Cobb stated that he had purchased his home for A13,000 and that the house itself was worth more than that. In fact, the person from whom he bought his home had tried to sell it for '.'17,000 but was unable to get that price for it because of the pipe being located nearby and for that reason he had to sell his home for much _less. At the pre- sent time, Mr. Cobb pointed out that the pipe is massed by trees but that if a tank 12.01 in height is erected on the property then it would cer- tainly decrease value of surrounding property even more so. Kr. Bonner told 11r. Cobb that he was unable to say if the tank would decrease the value of his property. Mr. Guy Beard and Mr. Tom Compton objected to the application. The members discussed this matter. They felt that the problem was a serious one because there is a definite need for increasec. water pre- ssure in the heights area and yet the location of a tank which will be 1201 in height would no doubt decrease the value of the property sur- rounding it. They were aware of the fact that the home s in this area are rather expensive ones and should be protected as much as possible. The members were of the opinion that the dater Works shoudl give the matter further study and try to work out another location if at all possible. They felt that the application should be denied for the present, however, should the [-later llorks wish to present additional nlans 6r information they will bp glad to hear any further facts which need to be brought out. Mr. Parks made a motion to the effect of the last sentence in the above paragraph; seconded by Miss Penton. The motion carried. Docket No. 50-53 - k1ary H'lonnoy, 911 A-B, lest 12th, (by Alonzo Hall), described as So. 27' of west 90' of Lot 11 & Forth 13' of west 90' of Lot 10, Block 244, Original City of Little hock, zoned "C" Two -Family Dis- trict; requesting a waiver of yard space, lot area and permission to construct two bathrooms on a nonconform- ing structure as shown on the plot plan. There was no one present to re_aresent this application. The members felt that the area was already over crowded and that an addition onto this house would take up needed yard space. Mr. Baldwin made a motion that the anplicati.on be disapproved; seconded by i,iss . enton. The motion carried. 10 Docket No. 51-53 - Cody Zanola, 916 So. Tyler, described as Lot 4, Block 7, Ferry Heights :addition, zoned "B" Re sic ence District; requesting a waiver of yard space and oermibsion to construct sleeping quarters, and carport on rear of lot as shown on the nito plan. Zirs. Zanola was present and told the members that she had begun construction of a carport with sleeping quarters on the rear of her lot. She stated that she does not plan to rent these rooms but will sleep with her daughters in the sleeping quarters. There are six children in the family and the bogs and her husband plan to sleep in the house. lJrs. Zanola has a two bedroom house which exists on the lot. The sleep- ing quarter: will be over the carport. Kr. '. T. Kelley, 5423 Maryland treet, objected to the application because he felt that the rooms could be rented out in the future or nerhaps converted into a gars ge apartment. He f-=]_t that if the rooms were going to be used by members of the family to sleep in then they should have been built onto the existing house. fir. Irelley ownes the northwest corner of that block which is just across the street from i,rs. Zanola's nronerty. He added that he had been pentilized on his loan because of the land and surrounding area. Mrs. Gere;d Hudgins who ownes the property at the back of Mrs.Zanola' s lot objected to the application because it is so close to her grope rty. She stated that all of their money is invested in their home and she felt that it should be Protected. Mrs. Hudgins told the members that she did not object to Mrs. Zanola us .n r the rooms up stairs for her family to sleep in 'but that she felt the Board should look to the future when these children are grown and what the rooms may be used for then. She felt it would decrease the value of their property. Mr. Metrailer was present to object to the application. He pointed out that airs. Zanola ownes three lots in that block, two of which are vacant and he felt that if she was going to construct the sleeping units then they should have been built on her other proerty where there would be Plenty of room. The members discussed this a,)plicati on and felt thy!-t Mrs. Zanola should have added the sleeping rooms onto her home rather than on the rear of her lot. Mr. Baldwin made a motion that the a p-olication be disapproved; seconded by Miss ''enton. The motion carried. Docket No. 52-53 - Louis Rhein, ('05 Bast 6th Street, described as west 90' of Lots 1, 2, .- 3, Block 2, Stevenson's addition, zoned I'D" Apart:cient District; requesting a waiver of yard space in order to remodel an existing non -conforming garage ant. structure by add- ing a senerate unit with no outside structural additions as shown on the plot plan. AIr. T,ouis Rhein was present and explained that at the present time he has a non -conforming garage apartment on the rear of his lot. He nronoses to make the other side of the garage into an apartment. There will be no outside structural char -7e s. The members discussed this application and pointed out that they -7- have consistently denied gora.ge apartments and felt that this one should also be disapproved. Miss Penton made a motion that the application be disapproved; seconded by Mr. Baldwin. The motion carried. #####iE##iE#iE###iEiF #iEiE Docket No. 53-53 - Arkansas Paint - Roofing Co., 1008 Fast 8th Street, described as the west 33 feet & 4 inches of Lot 9, Block 7, Wood ruff's Addition, zoned "C" TwO- Family District; requestin-- a waiver of lot area, yard space and two main structures on one lot in order to con- vert attic into an apartment. This petition be withdrawn. Docket No. 54-53 - Garden Homes Mission, 19th and Security Streets, described as Lots 9 & 10, Block 3, Garden Homes Extension Addition, zoned "B" Residence District; request- ing a waiver of side and rear yard space in order to add onto existing church. Mr. Jack •cKinnon was present to represent this application. He presented a plot plan to the members and explained that they elan to extend the building 40' on the north side. The building will come within 5' of the proprty line. At the present time that is the only addition proposed for the building. The members discussed this application and said that it was a nice little church. They could see no reason why the waiver should not be granted. Mr. Baldwin made a motion that the application be approved; seconded by Miss Fenton. The motion carried. Docket No. 55-53 - C. William Diggs, Sr., 1800 Cross Street, described as Lot 18, Block 317, Polks Subdivision of Blocks 274, 278, & 317, of Original City of Little Roc'r, m ned "C" Two -Family District; requesting a waiver of side yard.space as shown on the plot plan in order to move house on said property. This Detition was circulated among the members of the Board prior to the meeting:: and carried their prior approval. Miss Penton made a motion that the application be annroved; seconded by Mr. .Parks. The motion carried. The meeting then adjourned. Board of Adjustment Little Rock, Arkansas