HomeMy WebLinkAbout1955-11-14 Minutes•
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MINUTES OF THE MEETING OF THE BOARD OF ADJUSTMENT
November 14, 1955 Co uncil Chamber
Present:
Mr. L. M. McGoodwin, Chairman
Mr. Clarence Young
Mr. Witt Carter
Mr. Heydon Lewis
Harold E. Lieberenz Building Inspector
Mrs, Shirley Santifer Secretary
Absent:
Mr. J. R. Crocker, Sr.
The Chairman, Mr. L. M. McCoodwin called the meeting to order and asked
the Secretary wee -asked to read the minutes of the previous meeting which
were read and approved.
Mr. Harold E. Lieberenz was asked to present the applications for variance
and explain each.
The first application was that of Mr. Loy Cox. The variation requested by
Mr. Cox was for the use of the property located on the Southwest corner of
the intersection of Baxter Street & Willow Avenue. This property is known
as lot 15 of Bob White's sub -division to the City of Fayetteville, and is
located in an "A° residential area.
Mr. Cox had a prior commitment for a federal loan to build a house on this
lot. The house would face on Willow Avenue and would have only eleven (11)
feet rear yard instead of the twenty-five (25) feet as required by the
zoning ordinance.
He would
have a
forty-eight
(48)
foot side yard
to
the North,
a fifty-one
(51) foot
yard
to the South,
and
a twenty-five
(25)
foot front
yard.
It was brought out in the following discussion that the terrain of the lot
was quite steep along with the shape of the lot and this makes it more rea-
sonable and desirable to face a residential building toward Willow Avenue,
than toward Baxter street.
Mr. Young stated that it appeared that this would have met all requirements
if the house had faced to the North toward Baxter street.
Mr. Young suggested that the Board of Adjustment request Mr. Lieberenz to
write a letter to the Mayor or the Planning Commission to the effect that
the Board felt that the setback requirements of the zoning ordinance for
corner lots should be amended.
Having decided that this would be the suitable thing to do, and there being
no further discussion a vote was indicated and roll was called.
Mr. Young
Mr. Lewis
The application was granted.
AYE
Mr.
Mc Goodwin
AYE
AYE
Mr.
Carter
AYE
a5l
• The second application for variance from the zoning ordinance was that of
Mr. J. F. Palmer. The variation requested by Mr. Palmer to the zoning
ordinance was for the use of the property located on the Southeast Corner
of Abshier Drive and North College Avenue known as lots 1, 2, & 3 of block
1 of Evelyn Hill Addition.
The applicant wished to extend the "E" Commercial District to the East
property line of his lot.At the present time the "E" Commercial District
divides his lot. The "E" Commercial District would have to be extended
East approximately 50 ft. on the South end of the lot, so that this zone
would not divide his lot.
Mr. McGoodwin asked Mr. Lieberenz if there was a provision in the ordinance
that would clearly cover this sort of thing.
Mr. Lieberenz stated that there was a paragraph under Section 15 of the
zoning ordinance which permits the Board of Adjustment to act on variances
of this kind and reads as follows: (pg. 21 of zoning ordinance.)
"1. To permit the extension of a district where the boundary line
of a district divides a lot in single ownership asshown on
record on the date of the passage of this ordinance."
Mr. Mc Goodwin asked if there were any questions or any further discussion.
There was none.
• A vote was indicated and roll was called:
Mr.McGoodwin Aye Mr. Lewis Aye
Mr. Carter Aye Mr. Young Aye
The application was granted.
The next application was that of Mr. A. J. Miller. The application of variance
requested by Mr. Miller was for the use of the property located on the East
side of highway 71 South on Nonnamaker Drive directly behind Miller's Garrage.
The applicant whishes to build a residence on a lot which is too narrow to have
the 20 foot front, and the 25 foot rear yards as required by the zoning ordinance.
This property is located in a G -Industrial Area.
Mr. Lieberenz presented a plat of the property showing the lot and Nonnamaker ,
Drive and explained that the lot is a long narrow lot and at the point where Mr.
Miller wished to erect a residence the lot is only 40 feet wide.
Mr Lewis asked what the minimum area required for a.residence was, and Mr. Lieberenz
stated that a lot of 7,000 square feet ras required by the zoning ordinance.
Mr. Young wanted to know if the zoning ordinance had any requirement for garages
to have rear yards.
Mr. Lieberenz stated that parking and off the street loading and unloading areas
is required, but Miller's Garage has plenty of parking area in front of the building.
• No back yard is required in this area for auto repair garages.
52
0
•
It was brought out in the following discussion that this particular lot was
orginally 50 foot wide buthad been made narrower after the zoning ordinance
had been approved by the Fayetteville City Council.
�Mr. McOoodwin asked I"'.Lieberenz if he
knew
of any reasons why Mr.
Miller's
application should be granted, noticing
the
fact that Mr. Miller was
not present.
Mr. Lieberenz said that Mr. Miller wanted to build a house and move his resi-
dence closer to his garage. Also the fact that he had this long lot and if he
could not build on it, the lot would not be of any value to him.
There being no further discussion or questions a vote was indicated and roll
was called:
Mr.
McOoodwin
No
Mr.
Young
No ,
Mr.
Carter
No
Mr.
Lewis
No
The application was denied.
It was decided by the Board that the next meeting would be held in the Council
Chamber on December 15, 1955•
Approved:�$—
C
SECRETARY