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HomeMy WebLinkAbout1953-09-04 MinutesPresent: L. M. McGoodwin Clarence Young MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT SEPTEMBER 4, 1953 - 4:30 P.M. - COUNCIL CHAMBER Heydon Lewis Leland Bryan Mr. Harold E. Lieberenz, City Building Inspector Mr. Preston Magruder, Applicant for Variation Mr. Xzin McNeal, Applicant for Variation Mr. G. M. Clark, Applicant for Variation Harriett H. Mercer, Secretary The Chairman, Mr. L. M. McGoodwin, opened the meeting and the Secretary read the Minutes of the meeting held approved. It was noted that the meeting scheduled fo by-passed. Absents J. R. Crocker by requesting roll call July 31, 1953, which were r August 28, 1953, was The Chairman asked Mr. Lieberenz to present for further discussion the request for variation of Mr. Preston Magruder. All members said that they had had the opportunity to study Mr. Magruder's site to build an underground car garage. Mr. McGoodwin emphazised the one important factor in granting requests of this nature, in that a person should not be deprived of the reasonable use of his property if his request is not granted. It was decided that in granting this request it would be a matter of convenience rather than a necessity. Mr. McGoodwih also stated that the Board is to grant variation to the zoning ordinance only where it is absolutely a necessity and not a matter of convenience. Mr. Young moved that the variation be denied on the grounds that the outlay of Mr. Magruder's property would facilitate a garage at other locations on his property rather than at the location he specified in his variation. Mr. Heydon Lewis seconded the motion that the request be denied. Roll was called: Mr. McGoodwin Aye Mr. Young Aye Mr. Lewis Aye Mr. Bryan Aye Mr. Xzin McNeal's request for variation to the zoning ordinance was next in order to be discussed. Mr. McNeal requests permission to build a cantilever type carport with the drip edge of the roof two(Z) feet from his north property line. This property is located west of the Razorback Stadium at 363 Razorback Road. This area is zoned as an "A" residential area which requires a five (5) foot setback from his north property line. Consideration was made due to the fact that a two foot embankment exists atithe rear of his house and further excavation for a garage in this location would necessitate digging out a portion of the hill. Mr. Lewis moved that the request be granted on the grounds that Mr. McNeal had no other location other than specified and also not because of the cantilever type carport but for aqy type carport Mr. McNeal wished to build. Mr. Young seconded the motion and roll was; called: Mr. McGoodwin Aye Mr. Lewis Aye Mr. Young Aye Mr. Bryan Aye Mr. G. M. Clark's application for variance from the city zoning ordinance, requests permission to enlarge and remodel a non -conforming commercial building located in a "B" Residential area. This awning shop is located on the north side of Williams Street, next to 848 Williams, between Buchanan Avenue and North Duncan and is; IQ located on Lots 11 and 12 of Shreve Addition. This area is zoned as a residential area and prohibits retail businesses of any nature. Mr. Clark was present and spoke in his own behalf. He stated that he wished to build onto his present building for the purpose of assembling the venetian blinds that he sells, also, storing of awnings. In addition to using this building for this purpose, he wished to use it as a hobby shop. He stated that the shop at present is not large enough to conduct what he wished to use it for, and only wanted to enlarge the building for the purpose of storing and assembling the awnings and venetian blinds to take out to his customers and in addition use it as his hobby shop. It was explained to Mr. Clark that this was not a commercial zone. In order to grant him his request it would mean that the ordinance 1002 would have to be changed or that particular neighborhood would have to be classed as a commercial zone, if he were granted his right to build to carry on his businessin the manner he wished. The Chairman stated that it was not a case of variance from the zoning ordinance, but a change of the ordinance and that the Board did not have the authority to grant and was impossible under the present conditions of the ordinance to grant Mr. Clark his request as this is not a commercial zone. His application was considered and the members felt that it was not a matter for them to act upon because of the terms in the ordinance, which they did not have no authority over. Mr. Young made the motion and Mr. Lewis seconded. Nofurther business wa s • before the Board and the meeting was adjourned at 5:30 P.M.. The next meeting of the Board will be held on Friday, September 25, at 4:00 P.M. Approved: September 30, 1953 Secretaxy 20