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HomeMy WebLinkAbout1957-09-04 MinutesMINUTES OF THE MEETING OF THE BOARD OF ADJUSTMENT September 4, 1957 3:30 P.M. • COUNCIL CHAMBER Present: Mr. L. M. McGoodwin, Chairman Mr. Clarence Young She Mr. Witt Carter port, which Mr, J. R. Crocker, Sr. side property line Mr. and Mrs. W. W. Ramey, Applicants Mr. Karl Greenhaw, Attorney for Mr. and Mrs. Ramey Mr. W. B. Putman, Attorney for Mrs. Brewer Mr. Harry Lyons, Applicant Mr. L. M. McGoodwin, Chairman, called the meeting to order and asked the secretary to withhold reading the minutes of the previous meeting held July 29, 1957, until Mr. Clarence Young arrived. The first application was that of Mrs. C. B. Craig, of 322 N. Washington Ave. She wished to erect a cantilever type aluminum car port, which would be closer to the side property line than the five feet required by the Zoning Ordinance. Mr. Lieberenz reported to the Board that Mrs. Craig had withdrew her application. • Her statment reads as follows: Mrs. Craig notified the Building Inspector that prior to making her application for the variance her next door neighbor had given Mrs. Craig the understanding that she had no objections to the proposed car port. But after the notice was put in the paper, the neighbor voiced an objection, whereby Mrs. Craig came by the next morning and asked that her application be cancelled. Mr. Carter moved the application be withdrawn. Mr. Crocker second the motion. There being no further discussion, a vote was indicated and roll was called. McGoodwin Yes Carter Yes Crocker Yes The application was granted. 96 J Sept. 4, 1957 Page -2- • The next application was that of Mr. Harry Lyons of 228 S. Block St. His request was to extend his garage building in such a way that it would be closer to the property line than the 5 feet required by the Zoning Ordinance. Mr. McGoodwin asked Mr. Lyons to explain to the Board what the reasons were for making the application. Mr. Lyons replied that his present garage was too short for his car. Several years ago when he had earlier model cars they fit in his garage, but his present car would not. Also, he didn't have storage space, nor a place for a work bench. Mr. McGoodwin asked Harold to read the section of the Zoning Ordinance which regulates the action of the Board of Adjustment and matters of this type. Mr. Lieberenz read Part 3 under Section 15, which was as follows: 3. To authorize a variance where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property of record on the date of the passage of this Ordinance, or by reason of exceptional topographical conditions or other extra- ordinary or exceptional situation or condition of a specific piece of property, the strict application of any provision of this ordinance would result in peculiar and except- ional practical difficulties and particular hardship upon the owner of such property and amount to a}pr.actical confiscation of such property as distinguished from a • mere inconvenience to such owner, provided such relief can be granted without sub- stantial detriment to the public good and without substantially impairing the general purpose and intent of the comprehensive plan as established by the regulations and provisions contained in this Ordinance. • 17 Sept. 4, 1957 Page 4 - Mr. Lyons stated that the area of his lot was reduced when the highway by-pass • was built. His lot width on the East was reduced foam 51 feet to 22 feet and thereby making it impossible for him to move his garage building to the South away from this North property line and still satisfy other requirements of the Zoning Ordinance, L Mr. Crocker asked if there was any objections from the people. There weren't any. Mr. McGoodwin stated that the lot was small to begin with and a considerable part of the lot was taken away from Mr. Lyons by the highway and so reduced the size of the lot a considerable amount. Also, he felt that in this particular instance he should have a written statment from neighbors to any objections. Mr. Crocker said he did not think this necessary because if the people had any ob- jections, they would have voiced them by now. There being no further discussion, a vote was indicated and roll was called: Carter Yes McGoodwin Yes Crocker Yes The application was granted. The minutes of the last meeting were read and several corrections were made. The next application was that of Mr. W. W. Ramey. Mr. Lieberenz stated that Mr. Greenhaw and the party involved in the Ramey application were here to see if the case could not be reopened. Mr. Young stated that as a motion was passed at the last meeting to deferr action until the court decides. Mr. McGoodwin brought outthe fact that some of the Board members have indicated that they consider re -hearing Mr. Ramey's case as set out in the original application. After a lengthly discussion among the Board members about reopening the case prior to court action Mr. Crocker moved the Board reconsider the action and reopen the case. After no further discussion, a vote was indicated and roll was called: Young No McGoodwin Yes Crocker Yes . Carter Yes Due to the fact that Mr. Putman had a misunderstanding as to the purpose of this meeting, the Board felt that he should have the opportunity to gather his facts pert- inant to the case. W Sept. 4, 1957 Page -4- Mr. Crocker moved the hearing to be re -opened before the Board next Tuesday, • Sept. 10, 1957 at 3:30 P.M. Mr. MCGoodwin second the motion. The next application presented before the Board by Mr. Lieberenz was that of Mary R. Penick, as requested by Mr. Giles Penick, Jr. of 409 Washington Ave. Mr. Penic$ stated in his written application that Mary R. Penick wishes to remodel her property on Markham road. The resident would be remodeled in such a way that it would be closer to the rear property line than the 25 feet required by the Zoning Ordinance. His request is to (come out from his house 12 feet to the West. The house is sitting so far back on the end of the lot. It will be ohly six feet from the property line, normally 2t ft. to the West. The house is sitting so far back on the end of the lot. It will be only 6 ft. from the property line, normally 25 ft. The reasons read as follows: Reasons for Variance: • The house, which is less than five hundred square feet in floor area, is too small for owner,occupancy or for the production of revenue. In order to realize the full beneficial use of the property it is necessary that the house be enlarged. Due to the location of the house it is impossible to extend it either to the North or East. Applicant regards it as impractical to extend the house to the South, which is toward the front of the lot, for the following reasons: (a) There is a uniform slope of approximately five degrees to the South. This would require an expensive and unsightly dirt fill and foundation about four feet high on the street side of the house. (b) For use as a carport an extension to the South would require added expense of new grading of drive -way approach with retaining walls and new landscaping expense. (c) An extension to the South would destroy symmetry and proportion of the structure and defeat the ou mer's purpose to improve the architectural quality of the house. (d) An extension to the South would not harmonize with the existing floor plan and would partially obscure the view which is one of the principal assets of the house. None of the above hardships or objections exists with relation to a West ex- tansion. In addition, the space to the West of the house is unsuited by grand and • relation to existing floor plan for any other use, and the denial of this application would constitute a practical confiscation of this land and a hardship on its owner. a Sept. 4, 1957 Page -5- The granting of the application will not diminish the light and air to any adjacent property, will not increase the public danger of fire, will not impair established property values in the area and will not in any way impair the health, safety, comfort, morals or welfare of the inhabitants of the City of Fayetteville. Applicant therefore respectfully urges that the variance herein requested be granted, There being no further discussion, a vote was indicated, and roll was called: McGoodwin Yes Young Yes Carter Yes Crocker Yes The application waa granted. There being no further business, Mr. Crocker moved the meeting adjourn. • Secr ary Approv d: �� 100