HomeMy WebLinkAbout1957-09-20 MinutesMINUTES
OF
THE MEETING OF
THE BOARD OF ADJUSTMENT
September
20,
1957
3:30 P.M.
COUNCIL CHAMBER
• Present:
Mr. L. M. McGoodwin Chairman
Mr. Clarence Young
Mr. Witt Carter
Mr. J.R. Crocker, Sr.
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. Charles Nicholdson
Mr. L. M. McGoodwin, Chairman, called the meeting to order and asked
the secretary to read the minutes of the previous meeting held September
4, 1957.
Mr. McGoodwin asked Harold Lieberenz to re -read the section of the Zon-
ing Ordinance, which governs the actions of the Board of Adjustment. Mr.
Lieberenz read the last nine (9) paragraphs of section fifteen (15) of Ord-
inance 1002,
Mr. McGoodwin asked that the remarks be limited to such things that the
• Board could act upon, and to give reasons based on facts. Mr. Greenhaw
asked Mr. Ramey to read his statement.
Mr. Ramey read his statement about the history of the case. He told how
he and the Building Inspector had gone out to see if they could work out a
solution to the problem.
Mr. Ramey stated that Mrs. Brewer was present at the time he made his
measurements for the new extension and that Mrs. Brewer did not object
at this time.
Mr. Crocker asked
what kind of
windows that
Mr. Ramey
planned to install
in the wall and Mr.
Ramey told
him --sliding
windows.
following morning Mrs. Brewer
Mr.
Ramey
continued by
saying that Mrs.
Brewer told Mrs. Ramey that
she
couldn't
cut the limb
off a tree and the
following morning Mrs. Brewer
had
some surveyors out
there establishing
her property lines.
Mr. Ramey pointed out that the water, sewer and gas lines are located in
such a manner that if he had to move his wall 16 inches to the south that he
would have to re-locaterthese utilitk, lines.
. Mr. Crocker std Mr. Ramey how the present garage building compares
with Mrs. Brewer's house and he replied that there was very little difference.
101
Sept. 20, 1957
Page -2-
Mr.
McGoodwin asked
Mr. Ramey how far his
extension would extend to
the
west past the rear
of Mrs. Brewer's house
and he replied that it would
• not
quite come to her .kithhen
windows.
Mr. Mc Goodwin asked Mr. Ramey if there were any reasons in his opinion
because of the narrowness, shallowness or shape of the lot that the Board
should grant him variance and if there were, for him to state the reasons.
Mr. Ramey replied that Mrs. Brewer gave Mrs. Ramey her signed state-
ment that she had no objections and that he used the old surveyed line for
the measurements in building his wall.
If
he is not granted a
variance
that it would be a
particular difficulty because
he
would have to tear
down his
building wall that
he had started.
Mr. Greanhaw stated that it would be a particular hardship also, because
of the utility pipes being located where they are. Mr. Rarrey stated that it
would be extremely difficult to move his wall back to the south because of
the pUblem he would have connectinklis roof to the roof of the existing build-
ing. A different roof pitch would have to be used and would not look as well as
the way it was originally planned.
Mr. Young asked if this apartment was not originally a garage and when was
it converted into an apartment. Mr. Ramey said about eleven (11) years ago.
• Mr. Crocker asked if Mrs. Brewer had any objections to him building the
original building and Mr. Ramey stated that she did not voice any objection.
Mr. Putman asked Mr. Ramey if Mrs. Brewer asked him if•he was going
to build a solid wall on the north. Mr. Ramey replied that she did not.
Then Mr. Putman asked if it would not be inconvenient for him to build else-
where or wasn't the money situation the basic reason. Mr. Ramey answered
that it was.
Mr. Greenhaw asked Mrs. Ramey if she took the st�mentdown to Mrs. Brewer
for her to sign. Mrs. Ramey replied that she did. She asked Mrs. Brewer
to read it first before signing it.
Mr. Greenhaw asked Mr. Charles Nicholdson, a contractor, to state to
the Board whether or not the proposed garage can be erected, would it inter-
40fer with light and ventilation. Mr. Nicholdson rlied no.
Mr. Putman asked Mr. Nicholdson
if he was aware that most grass when
deprived of sun
light will die. The
car port to
the south of Mrs. Brewers would
ddprive a great
portion of the side
yard of sun
light.
. Mr. Greenhaw stated that if the trees were thinned out there would be more
sun light.
Sept. 20, 1957
Page -3-
Mr. McGoodwin showed Mr. Ramey the drawing of the lot.
Mr. Young asked Mr. Ramey if he had heard from any other neibhbors in the
immediate neighborhood about the situation. Mr. Ramey said they kept their
opinions to themselves.
Mr. Putman said he talked to Mrs. Brewer about the situation and she feels that
the erection would deprive her of sun light and ventilation. She has no objection
to Mr. Ramey building the car port, but she does object to her sun lgiht and
ventilation being cut off. Every member of the Board has been out to look at
Mrs. Brewer's place. The rock wall is 2-1/2 to 3 feet high. Mrs. Brewer's
property is 3 feet lower. The wall was there before the Ordinance was passed.
It knocks off light and ventilation, there's no question there. The proposed car
port extends down all the way past the east and of Mrs. Brewer's home. The
way it stands the wall will cut off the ventilation. The 27 foot garage extends
25 or 30 feet. Forty-seven feet of the solid wall from the east side is sitting
on the ground, elevated on her yard.
The hardships result from shallowness, narrowness. The Board has a right to
grant. The only thing Mr. Ramey has to complain about is the fact that it is
going to cost him money. What is his remedy? He could ask for $1000, the
court has the right to give him that.
Mr. Greenhawstated that if he were a member of the Board he would take con-
sideration in both conditions that caused difficulties and hardships. Mrs. Brewer
got angry when Mr. Ramey cut off the limb from the tree. He has a garage
apartment that has been there for years and he watns to hook onto that building.
Mr. Frank Beaver buitt that wall and put an iron peg there for a marker. The
sun comes in on the east side only in the morning.
Mr. Crocker said that he would like to suggest that this matter be postponed unid
such time that Mrs. Brewer could be present. He would like to know why she
changed her midn after consenting in Rwaiting to the garage being built.
Mr. Carter stated in his opinion that it would be impossible for everyone to agree
to build a place any wehre iin Fayetteville aboht
whether or not this would interfer with light and air.
Mr. McGoodwin suggested thatfliey vote
MCGoodwin No
Crocker Yes
Carter Yes
Young No
There being no furjjthe��business, the meeting was adjourned.
/ 0 01A�l 4L 6�z
• Approve S7 Secret ry
103, J