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HomeMy WebLinkAbout1956-12-03 MinutesMINUTES OF THE MEETING OF THE BOARD OF ADJUSTMENT • December 3, 1956 3:30 P. M. COUNCIL CHAMBERS Present: Absent: Mr. L. M. McGoodwin, Chairman Mr. Clarence Young Mr. Heydon Lewis Mr. J. R. Crocker, Sr. Mr. Witt Carter Mr. Harold E. Lieberenz, City Building Inspector Mrs. Shirley Santifer, Secretary Mr. Roy A. Scott, Applicant for variance. The Chairman, Mr. L. M. McGoodwin, called the meeting to order and asked the Secretary to read the minutes of the previous meeting held September 27, 1956, which were read and approved. Mr. Lieberenz, City Building Inspector, was then asked to present the applications for variance and explain each. The first application was that of Mr. Roy A. Scott of 228 East Dickson. is The variation requested by Mr. Scott to the zoning ordinance was for the use of the property located on the northwest corner of the intersection of East Dickson Street and North Willow Avenue. This property is known as part of lot 4, block 17 of Masonic Addition to the City of Fayetteville , Arkansas. This property is located in a "C" residential area. Mr. Scott has a large concrete and rock patio in the rear of his residence with an eight (8) inch concrete block wall erected within inches of his west property line. Mr. Scott wants to add a small utility room on the west side of his residence by enclosing a six (6) by ten (10) foot area on the northwest corner of his residence out to and building onto this existing wall on his property line. The zoning ordinance requires that a five (5) foot side yard be provided for residences in this area. Mr. Lewis asked Mr. Lieberenz who lived in the residence to the West, and if Mr. Scott had their consent. Mr. Lieberenz stated that a Mrs. Lula Bush lived in the residence to the West. Mrs. Bush had called Mr. Lieberenz and told him over the telephone that she • had no objections to Mr. Scott's building that close to the line. '14 December 3, 1956 Page -2- • Mr . Mc Goodwin- asked Mr. Scott what the height of the wall was, and Mr. Scott replied that it was 8" wide and better than 4' tall. Mr. McGoodwin then asked Mr. Scott to state his reason for feeling that the board should grant this application. Mr. Scott stated that it was his understanding of the ordinance that on his 40 foot lot he was entitled to use 30 ft, of it. At this point Mr. Lieberenz read the part of the ordinance that Mr. Scott was referring to : Part # 5 "Yard Regulations" Section 3 of the Zoning Ordinance. Page 10 and 11: 5. Where front yards have been established on each of two intersecting streets, there shall be a front yard in conformity with these regulations on each side of a corner lot; provided, however, that the buildable width of such lot shall not be reduced to less than thirty (30) feet if same was held under a separate and distinct ownership from adjacent lots and of record at the time of the passage of this ordinance. Mr. Scott then stated that his home was built in 1933, which was prior to the • time the ordinance was passed. Mr Scott also stated that the wall would be completely fireproof. Mr. McGoodwin stated that it appeared the question before the Board was whether or not they could grant Mr. Scott a usuable width of 30 feet as referred to in the above section stated. He stated that they should have to decide which location (either toward the West or the East) would be best suited to the public interest. Mr. Carter stated that in his opinion that the location requested by Mr. Scott would be better suited for the public interest, rather than to build on the East toward North Willow Avenue, since it is already a very narrow street. Mr. Lewis asked Mr. Scott if this would be properly guttered in order that the water would not run to anyone else's property, and Mr. Scott replied that it definitely would. Mr. McGoodwin stated that the total buildable width requested by Mr. Scott did not exceed 30 feet. Due to the fact there was no further discussion, a vote was indicated and roll was called: Mr. McGoodwin Aye • Mr. Lewis Aye Mr. Carter Aye Mr. Crocker Aye The variance was granted. W December 3, 1956 Page -3- • The next application was that of Mr. A. J. Head of 202 West Meadow Street. The variation requested by Mr. Head was for the use of the property located on the north side of Meadow Street known as a part of lot 7, block 11 of the sub -division of the original plat to the City of Fayetteville, Arkansas, this property being located in the "F" Business Zone. The applicant wished to build a car port which would be approximately four (4) feet from the west property line. Mr. Head has a retaining wall and dirt fill on the west side of this residence which runs from five (5) feet above the adjoining property near the rear of the house to one (1) foot on the front property line. The Zoning Ordinance requires that a five (5) foot side yard be provided from the posts or building -wall of a car port attached to a residence. Mr. McGoodwin asked Mr. Lieberenz if this property dropped steeply to the back. Mr. Lieberenz stated that it dropped from 5 - 5 1/2 feet to the rear of the house and then it is a steady drop from there on. Mr. Carter asked if this would be an open car port and Mr. Lieberenz replied • that it would. Mr. Lieberenz stated that he had inspected the property very closely. He said that Mr. Head had poured concrete steps and porch and under the present conditions there was no other place he could build the garage. Mr. Crocker stated that there was only a one foot variance from the zoning ordinance. There being no further discussion, a vote was indicated and roll was called: Mr. McGoodwin Aye Mr. Carter Aye Mr. Crocker Aye Mr. Lewis Aye The variance was granted. SE RET Y APPROVED: Uel, o%nAA J 00 /95rf I 1 U 79