HomeMy WebLinkAbout1956-07-11 MinutesMINUTES FOR THE MEETING OF THE BOARD OF ADJUSTMENT
• July 11, 1956 3:30 P.M.
COUNCIL CHAMBERS
Present:
Mr. L. M. McGoodwin, Chairman
Mr. Clarence Young
Mr. Witt Carter
Mr. J. R. Crocker, Sr.
Mr. Harold E. Lieberenz, City Building Inspector
Mrs. Shirley Santifer, Secretary
Absent:
Mr. Heydon Lewis
The Chairman, Mr. L. M. McGoodwin called the meeting to order and asked
the Secretary to read the minutes of the previous meetings held May 8 and
April 4, 1956, which were read and approved.
Mr. McGoodwin first inquired of Mr. Lieberenz if there had been any further
information on the application of Mr. Claude Lackey, which was brought
before the Board on April 4, 1956.
Mr. Lieberenz stated that he had not heard anything further about the letter
• that he had requested from Mr. Lackey giving the total replacement cost
of the building as estimated by the General Adjustment Bureau Adjuster, and
the estimated cost to repair the building. Mr. Lieberenz also said that he
had contacted Mr. Carlos Hill, who is Mr. Lackey's Lawyer. Mr. Hill told
Mr. Lieberenz that Mr. Lackey had not said anything further to him concerning
the application.
Mr. McGoodwin then asked Mr. Lieberenz to present the different applications
and explain each.
The first Application was that of Mr. Walter Miller of 849 South School Avenue.
The variation requested by Mr. Miller to the Zoning Ordinance was for the use
of the property located on the Northwest corner of Tenth (10th) street and South
School Avenue known as lots 11 and 12, Block 17 of Ferguson's Addition to the
City of Fayetteville, Arkansas.
Mr. Miller has an existing frame residential garage building which appears to
be over in the street about two feet. The applicant wishes to tear down the
existing garage building and build a new garage. The proposed building is to
be six (6) inches from Tenth Street property line and about eight and one-half
feet from the existing residential building.
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July 11, 1956
The Zoning Ordinance states that the garage should be set back 20 ft. from the
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street property line and 10 ft. from the residential building.
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Mr. Lieberenz stated that Mr. Miller wanted to tear down the present garage and
build back another. He stated also that there were two things in violation: First,
that the garage should be back in line at least 20 ft. from the property line and
should be 10 ft. from the house and it is only S ft. and 4 inches. Mr. Miller
wants to build a concrete block or some sort of masonry building there. He owns
lots 9 through 12, and his residence is located on lots 11 and 12. He has a large
garden on the front part of lot 11, with a young orchard on the back of lots 11 & 12.
Mr. McGoodwin asked if there were any specific reasons other than personal
considerations that should be considered in this application.
It was decided by the Board that there was definitely no question of Mr. Miller
not having large enough lot to build a garage which would not be in violation of the
Zoning Ordinance.
Mr. McGoodwin stated that
it should
be decided if the refusal
of the Board to
grant the application would
constitute
amact of confiscation of
his property.
A vote was not indicated as it was decided that the Board members should talk
with Mr. Miller about the matter.
The next application was that of Mr. Woody Davis at 226 South Block Street.
The variation requested
by Mr.
Davis to the Zoning Ordinance was for the use
of the property located at 226 S.
Block
Avenue known as North part of lot 5,
Block 4, of the original
plat to the City
of Fayetteville, Arkansas.
The Applicant received a Building Permit before the Zoning Ordinance was passed
in 1951 to build an open carport onto his residential building and let it extend to
the property line on the North side of his house. The applicant now wishes to
enclose the front and rear part of this carport to make an additional room to his
residence.
It was reported by the Building Inspector that one day when he had been down by
Mr. Davis' house he discovered that the West Wall of the carport had already been
enclosed without his having obtained a building permit.
It was the
opinion of
the Building Inspector that the roof of
the carport was
supported
by a rock
wall, which was the property of Mrs..
Louise Budd, who
owned the
property to the North of Mr. Davis.
Mrs. Budd had complained to the Building Inspector at one time that she thought
the roof was causing her rock wall to crack.
It was decided
by the
Board that Mr.
Lieberenz should find out definitely how
Mrs Budd felt
about
the roof being on her property, as the Zoning Ordinance
definitely states that
there should be
5 feet from the property line.
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July 11, 1956
Also the Board members decided that they would go down to Mr. Davis' house
46 and look at the roof themselves.
Therefore, this application would be held over until the next meeting of the
Board of Adjustment.
There being no further business, the meeting was adjourned.
APPROVED:
CI
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