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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