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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