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HomeMy WebLinkAbout1957-07-29 MinutesMINUTES OF THE MEETING OF THE BOARD OF ADJUSTMENT July 29, 1957 Council Chamber 3:30 P.M. Present: Absent: Mr. Clarence Young, Acting Chairman Mr. L. M. McGoodwin Mr. J. R. Crocker, Member Mr. Heydon Lewis Mr. Witt Carter, Member Mr. Paul Ball, Applicant Mr. Ivan Mayes, Applicant Mr. W. W. Ramey, Applicant Mr. Karl Greenhaw, Appeared in behalf of Mr. Ramey Mr. W. B. Putman, Appeared in behalf of Mrs. Brewer Mrs, Floy Coleman, Applicant Mr. Arthur MartinApplicants for variance of Central Assembly of God Church Mr. Zoe Helton Mr. Harold E. Lieberenz, City Building Inspector Mary Alice Dean, Secretary Mr. Clarence Young, Acting Chairman in the absence of Mr. L. M. McGoodwin called the meeting to order and asked the Secretary to read the minutes of the previous meeting held May 6, 1957, which were read and approved. • It was decided to take up first the business left over from the last meeting before going into the new business. Mr. Young brought up the matter of only three mem- bers required for a quorum of the Board of Adjustment instead of the four as in the past. This requirement being changed by City Ordinance No. 1139, passed and approved July 22, 1957. The Building Inspector, Mr. Lieberenz, was then asked to present the different applications for variance and explain each. The first application was that of Mr. Paul Ball of 402 Mashburn Ave. held over from the last meeting of May 6, 1957. His request was to remodel his residence by building an addition to his house. Mr. Young asked for any reasons why it should be granted. Mr. Lieberenz stated that on the north side of the existing house there was quite a slope and also on the east was approximately three feet retaining wall, and the ground slopes up- ward quite rapidly from this wall. Mr. Lieberenz stated that he had contacted Mr. Clay Yoe, the Chairman of the Planning Commission about the possibility of Lucien Street being closed in the future. Mr. Yoe had informed him that at the present time the Planning Comm- ission knew of no proposal pending to have Lucien Street closed. After a discussion about the existing house south of Mr. Ball's property being located out in the unopened portion of Lucien Street, a vote was indicated and the roll called: Carter Yes Crocker Yes Young Yes Q2 J 0 �0 July 29, 1957 Page -2- The application was granted. The next application of Mr. Ivan Mayes which was brought before the Board earlier this year was taken up next. His request was to remodel his house. He was not at the last meeting to discuss the case and the Board of Adjustment felt that they should re -open his case so that Mr. Mayes could clearly state his reasons for asking for the variance. After a discussion of the Board explaining the reasons of the Zoning Ordinance restrictions, a vote was indicated and the roll was called: C arter No Crocker No Young No The application was denied. The next application was that of Mr. W. W. Ramey of 618 N. Willow. Mr. Ramey has requested permission to extend his present garage apartment building and to build it two and one half feet to three feet from the north property line. Since the August 30, 1956 meeting of the Board, Mr. Lieberenz had met with Mr. Ramey and had worked out a plan for Mr. Ramey to build five feet from his property line. The Building Inspector had issued the Building Permit for Mr. Ramey to build within five feet of his property line, but since that time a dispute over the property line has developed between he and his next door neighbor. He %would like for the Board to act on his original request. Mr. Karl Greenhaw, Attorney for Mr. Ramey, and Mr. W. B. Putxnan, Attorney for Mrs. Brewer, gave their views as to the right of the Board to act and the variance where a court case was pending. Mr. Young stated that Mr. Ramey didn't know the exact location of his legal pro- perty line and that the Board feels that they should not act on this application before consulting with the leg.9J advisor of the City. Motion was made by Mr. Young to deferr action on the application at this meeting until the Court action had been disposed of. Mr. Crocker second the motion. There being no further discussion, avote was in- dicated and roll wad called. Carter No Crocker Yes Young Yes Q3 PETITION • tle; the following citizens, property owners, friends and members of the Cumberland Presbyterian Church, feel it ogr duty to protest the erection of a building, on the lot, at the Southeast corner, of Oakland & Do#glass streets, This lot is smaller than the (7000) Sq, ft, required by the zoning ordinance, and would be aptrra'ffic hazard: 714 41 iMt6 x,11 tC� , . �. • . ;'iii-fi �. V1Q/liliy </;/ C/Z42�C pp `j\'vF C. Jrx'��° nul m� "A4)o LEGAL NOTICE. Notice is hereby NOTICII 4LVW ths" C. E. Morse has madam. agpUcaGon to the Board of A a en[ for a variation irom Ihe 4Olrembrits of the City Zoning QQ Inance No. 1092. A public hearing wUl be held on this application at 3;30 p.m., Thurs day, March 26, 1959 in the City Council Room of tNc City Hall, Cttf The variation Fayetteville, requ sled bya Mr, C. E. Morse to the Zoning Ordi- nances is for the use of the prop- erty located on the southeast cor- ner of the intersection of Douglas Street and North Oakland Avenue. This property is located in a "D Residential Zone of the City and is known as Lot 9 of H. C. Evans) Sub -division to the City of Fay. Ono nu cs to erect a ne stor Y masonry building on a lot smaller than the seven thou- sand (1000) square feet required by the Zoning Ordinance to house more than One family. Also the pro- posed building would be closer to I the property line on North Oak- s land Avenue then the twenty feet f required by the City Zoning Ordi- t nance. The above-mentioned hearing by I the Board of Adjustment is open to s the public and all interested par -I t Ues are requested to be present. MARY ALICE DEAN r SECRETARY 9 -It. July 29, 1957 Page -3- The next application was that of Mr. F. W. Buxtion of 749 W. 15th St. His request was regarding building a new residence only twelve feet from Duncan St. instead of the twenty feet as set out in the Zoning Ordinance. • Mr: Young asked Mr. Buxton what was located across the street from him. Mr. Buxton replied that a residence was located across the street but that it sets back approximately forty feet from Duncan Street. Mr. Lieberenz presented the City map of the locations in question. Mr. Crocker wanted to know if 15th St. was an open street and if there was much traffic on the street. Mr. Young asked Mr. Buxton how much work had been completed on his proposed residence. Mr. Buxton replied that he had only built the foundation. Mr. Young stated that it appeared to him to be a case of Mr. Buxton being ignorant of the Zoning Ordinance and acting before obtaining apermit. It was brought out in the discussion that the proposed building would line up with the buildings on 15th St. And even though the dwelling would be located closer to S. Duncan Ave. than the 20 feet required by the Zoning Ordinance and they could not see than it would cause a hazard to motorists entering the intersection of Duncan Ave. and 15th St. • There being no further discussion, a vote was indicated and roll was called: Crocker Yes Young Yes Carter Yes The application was passed: The next application was that of Mrs. Floy Coleman of Winslow, Ark. She wishes to make an application to build a residential building on a lot twenty-five by sixty ft. It would be five ft. closer to the rear property line. Her reasons were thalh she had bought the lot and wantdd to move a cabin onto it. Mr. Young stated that the lot was too small for the Board to grant permission to locate a dwelling on it. Mr. Crocker said there wasn't any authority for them to grant such as this. Mr. Carter made the suggestion that the man that sold her the lot buy it back from her. There being no:further discussion a vote was indicated and roll was called: • Carter No Crocker No Young No 9q J CI July 29, 11957 Page -4- The application was denied. The next application was that of Rev. James Cheshier of the Central Assembly of God Church. His request was to build an addition on to the Church extending north of the existing building. The Zoning Ordinance states that building in that area must be backtwenty feet from 6th Street or back in line with the house to the west on E. 6th St. Mr. Carter said there were several other houses to the west of the Church that were as close as the proposed construction. Mr. Young asked if they had talked to any of the people that lived near the Church. There beinglno further discussion a vote was indicated and roll was called. Carter Yes Crocker Yes Young Yes • The application was passed. There being no further business, the meetigg was adjourned. �0 'zz SECRETARY APPROVE 15