HomeMy WebLinkAbout1952-04-18 MinutesMINUTES
OF
A MEETING OF
THE
BOARD OF
ADJUSTMENT
APRIL
18,
1952 =
4:00
P.M.
COUNCIL
CHAMBER
Present:
L. M. Mc Goodwin
Leland Bryan
Absent:
J. R. Crocker, Sr.
Attendants:
Clarence H. Young
Heydon Lewis
Mr. and Mrs. L. E. Vaughan, Applicants for Variation
W. H. Pryor, Chairman of the City Planning Commission
Ruth Anne Grisso, Secretary
The meeting was held to continue the hearing on the application
for variation submitted by Mr. and Mrs. L. E. Vaughan.- The Chair-
man explained that due to illness and absence from the city the
continuance scheduled for April 11th was postponed to April 18th.
After roll call, Minutes of the meeting held April 4, 1952, were
read and approved. The Chairman reviewed the application for var-
iation and stated that members of the Board had made an inspection
of the site in question. He stated that the Board of Adjustment
could only grant a variation to the Ordinance if there was undue
hardship with no alternative to building the two-family unit in
the building at the northeast corner of Leverett and York Streets
and if there was sufficient area for such construction. He pointed
out again, however, that the Zoning Ordinance requires 7000 square
feet for a'two-family dwelling whereas the lbt in question contains
only 3500 square feet.
Mr. and Mrs. Vaughan stated they had nothing further to bring before
the Board, except to say that the Board's previous suggestion of mak-
ing a one -family dwelling out of this building was likely to result
in a dwelling of such immensity that furnishing same would be prohib-
itive to the average income.
The Board noted that there would be no parking space and no space
available on the lot for a garage. It was also pointed out that
there was no adjoining property to be purchased to ease the situ-
ation. The Vaughans informed the Board their $1000.00 investment
in flooring, wiring and partitioning made them reluctant to con-
sider re -renting the building as a church.
Mr. Pryor called the Boardts attention to the article "Variations"
a by Roger Arnebergh, Assistant City Attorney of Los Angeles, Calif-
ornia, regarding "undue hardship", noting that "undue hardship" was
apparent in situations where no alternative was -evident, but in the
instance under consideration several alternatives were apparent.
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Mr. Pryor commented again at length about the town meetings, the news-
paper publicity, both in paid and unpaid advertising, the availability
of maps and charts on zoning and the information given to all real es-
tate men before and after the passage of the Zoning Ordinance and ex-
pressed his regret that arxy real estate man would advertise property
for uses that the Zoning Ordinance specifically prohibited.
The Board, feeling sympathetic to the predicament of the Vaughans, and
aware of their investment, made the suggestion of moving the building
to a lot of sufficient area to permit a two-family dwelling. The
Vaughans informed the Board they have two lots approximately three
blocks from the present site of the building. Mr. Pryor checked with
Mayor Rhea to ascertain whether or not the structure could be legally
moved to these lots which are of sufficient size to permit the con-
struction of a two-family unit and found such was within the law.
The Board also suggested then that the lot from which the structure
was removed could then be used for building a one -family dwelling or
could be sold to help defray moving costs and other expense.
Mr. Young then moved that the variation requested by the Vaughans
be denied. Mr. Bryan seconded the motion and the following vote
was cast by calling the roll:
Mr. L. M. Mc Goodwin Aye
Mr. Leland Bryan Aye
Mr. Clarence Young Aye
Mr. Heydon Lewis Aye
The Chairman expressed the Board's appreciation to the Vaughans for
bringing their case before the Board and said they were anxious to
be helpful in every way, but their function was to carry out the pro-
visions of the Zoning Ordinance to insure Fayetteville's beauty and
utility in its rapid growth. They felt the case of the Vaughans
should be publicized and cited as an instance of a realtor mislead-
ing a client to believe prohibitive uses could be made of property
he wished to sell. Mr. Pryor stated he would cooperate with the
Board of Adjustment in every way to bring this case to the attention
of real estate men, lumbermen, contractors and all persons interested
in any way in the construction of dwellings and businesses in Fayette-
ville.
There being no further business to come before the Board, the meeting
vias adjourned at 4:50 P.M. to a meeting to be held at 4:00 P.M., May
23rd, 1952,
Approved May 12, 1952
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