HomeMy WebLinkAbout1957-02-28 MinutesMINUTES OF THE MEETING OF THE BOARD OF ADJUSTMENT
February 28, 1957 3:30 P. M.
•
Council Chambers
Present: Absent:
Mr. L. M. McGoodwin, Chairman Mr. Witt Carter
Mr. Heydon Lewis, Member
Mr. J. R. Crocker, Sr., Member
Mr. Clarence Young , Member
Mr. Harold Lieberenz, City Building Inspector
Mrs. Shirley Santifer, Secretary
Mr. Claud C. Sullivan, Applicant for Variance
Mr. H. L. Mathias, 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 December 3, 1956,
which were read
and approvdd.
the past five years.
E -Commercial Zone.
Mr. Heydon Lewis made a motion that the Board see about adding two members
to the Board of Adjustment and having as small a quorum as possible with
seven members.
Mr. Crocker seconded the motion and it was passed unanimously.
• The Board then asked Mr. Lieberenz, City Building Inspector to look into the
matter and make a report to the Board at the next meeting.
Mr. McGoodwin then
brought before
the Board
the
question of someone else
acting as Chairman,
as he had been
Chairman
for
the past five years.
Whereupon, it was unanimously decided that Mr. McGoodwin should retain his
position as Chairman of the Board of Adjustment. He was commended for his
wonderful work during the past five (5) years.
Mr. Lieberenz, City Building Inspector, was then asked to present the application
for variance and explain each.
The first application was that of Mr. H. L. Mathias of 221 South Block Avenue.
The variation to the Zoning Ordinance requested by Mr. Mathias was for the use
of the property located on the northwest corner of the intersection of Archibald
Yell Boulevard and Block Avenue at 221 South Block Avenue.
Mr. Mathias
wanted to erect a new
commercial building
five
(5) feet from
Block Avenue
instead of the twenty
(20)
feet required in
this
E -Commercial Zone.
• The applicant's lot
is quite a
bit
lower than the street line and he felt that he
needed the space in
the rear
for
parking.
February 28, 1957
-2-
• Mr. Mc Goodwin asked Mr. Lieberenz what the average setback was of the
residences to the North. Mr. Lieberenz stated that the average setback was
24 feet.
Mr. Lieberenz then explained that Block Street is the boundary line between
the F -Business Zone. There is a strip along the highway that is E -Commercial.
This one in between is C -Residential. This is located in E -Commercial and the
other houses along the street are located in C -Residential.
Mr.
Young asked Mr.
Mathias to
state his
reasons
for wanting to
set the building
only
five (5)
lot that
feet from
the street
property
line.
Mr. Mathias stated that he felt if he had to set back the required 20 feet he
would be losing 15 feet in front of the building and he would also lose 15 feet
in the rear, which he desired for parking space.
Mr. Crocker asked Mr. Mathias what type of building he was going to build.
Mr. Mathias stated that he was going to build a small building which would be
used for office space.
Mr. Young asked Mr. Lieberenz if there was any section in the ordinance which
• required that you had to retain a certain amount of area on a lot before you can
build any additional ,buildings on the lot.
Cw 00 1#4
Mr. Lieberenz stated thatthere was not a section in the ordinance which stated
this.
Mr. Mathias stated that if
he was
allowed to build
this building he intended to
remove the old residence
building
from the lot as
he felt this would improve con-
siderably the looks of his
lot that
is located on the
71 Highway by-pass.
Mr.
McGoodwin
asked that they consider
the factor of the ordinance that would
the
denial of this
application constitute a
confiscation of the use of the property.
Mr. Mathias stated that
he felt it
would take
a
large portion of the value of his
property if he had to set
back the
additional
15
feet.
Mr. Young stated that he felt it would really be better for Mr. Mathias to set
back the additional '5 feet as this way he would not have to dig as far into the
bank.
Mr. Lewis asked Mr.
Mathias if
his building was located
this close to the
property line would it
hinder the
view of the residence to
the North.
• Mr. Mathias stated that it would not, as this residence was on a steep in-
bankment, and would be above the top of his proposed building.
R
February 28, 1957
-3-
• The motion was made and seconded by the Board that they adjourn this
application until the next meeting and give the members and opportunity to
inspect the property. This was passed unanimously.
This application will be held over until March 28, 1957.
The next application was that of Mr. Claude Sullivan of 132 East Spring Street.
The variation requested by Mr. Sullivan to the zoning ordinance is for the use
of the property located on the East side of North Washington Avenue between
Rebecca and Prospect Streets, known as lot 5 block "C" of Maplewood Sub -
Div to the City of Fayetteville, Arkansas. This property is located in the "A"
Residential District and the minimum set back in this area is 25 feet from the
street property line.
Mr. Sullivan wishes to erect a new residential building 35 feet from the property
line when the existing residential buildings are located 58 to 60 feet from the
property line. The zoning ordinance requires that if 4076 of the block is
developed, the new building should be back in line with existing buildings.
Mr. Young asked Mr. Sullivan if he had talked with the people to the south of
• him concerning his building this close to the property line.
Mr. Sullivan stated that a Mr.
J. O. Witt,
Jr, lived in
the residence to the
south of him. He said that the
only time he
had talke to
Mr. Witt was one time
when they were measuring and
determining
the definite
lines of their lots. He
said Mr. Witt stated that it would
be impossible
for Mr.
Sullivan to set back
as far as the other residences
in the block.
Mr.
Sullivan
stated that he
definitely could not
set back as
far to the rear of
his
lot as 58'
as there was
a ditch there which
would make
it impossible.
Mr. McGoodwin asked
Mr. Sullivan
how soon he
intended
to
start
on
his
building. Mr. Sullivan
replied that
he would like
to start
as
soon
as
possible.
There being no further discussion, a vote was indicated and roll was called.
McGoodwin
Aye
Crocker
Aye
Young
Aye
Lewis
Aye
0
The variation was granted.
February 28, 1957
-4-
• The Next application was that of Mrs. Louise Budd of 205 West Rock Street.
The variation requested by Mrs. Budd to the zoning ordinance was for the
use of the property located at 214 South Block Avenue which is known as lot
4 Block 41 of the original plat to the City of Fayetteville, Arkansas.
Mrs. Budd's property was divided by the E -Commercial zone in such a
way that part of the lot is in the E -Commercial zone and part is in the C -
Residential Zone.
Mrs. Budd
wished to extend the
E -Commercial
Zone to the North property
line so that
her entire lot would
be in one zone.
Mr. Young asked Mr. Lieberenz if the Ordinance permitted the Board to
extend this zone to her property line and Mr. Lieberenz stated that it did.
After a very brief discussion, a vote was indicated and roll was called.
McGoodwin Aye
Young Aye
Crocker Aye
• Lewis Aye
The next application was that of Mr. Ivan M. Mayes of Route # 3 Fayetteville.
The variation requested by Mr. Mayes to the Zoning Ordinance was for the
use of the property located on the south side of West Center Street and West
of Duncan Avenue at 823 West Center Street.
Mr. Mayes has two dwellings located on a 11,000 square foot lot which runs
55 feet south of Center Street and 200 feet west on Duncan Avenue. The
Zoning Ordinance requires that a 7, 000 square foot lot area be provided for each
dwelling .
The building was erected in 1950 and only a few months prior to the passage
of the Zoning Ordinance with plans for making the proposed addition sometime
in the future.
The dwelling at 823 West Center Street has only a 15. 5 foot front yard and
approximately an eight (8) foot back yard. Mr. Mayes wishes to build a 19
foot extension with a basement garage on the East side of the dwelling. This
proposed extension would not have the 20 foot front yard nor the 25 foot back
yard as required by the zoning ordinance.
. Mr. McGoodwin asked if Mr. Mayes was present, and Mr. Lieberenz explained
that after a quorum was made it had been impossible for the Secretary to get in
touch with the applicant.
a
February 28, 1957
-5-
• Mr. Crocker asked if the Board could have prevented Mr. Mayes from
building the original house after the ordinance was passed.
Mr. Lieberenz replied that they could have prevented the house from
being built.
Mr. Young stated that he felt it was just too small a lot for the amount of
house.
It was decided by
the
Board that
the property
did
not have the 7000 square
feet required -nor
did
it have the
proper rear
and
front yard.
It was
definitely decided that the refusal
of the
application for variance
would
not constitute a confiscation of the
use of
the property.
There being no further discussion a vote was indicated and roll was
called.
McGoodwin
No
Crocker
No.
Lewis
No
Young
No
• There being no further business , the meeting was adjourned.
APPROVED:
0
ECRETA Y
31