HomeMy WebLinkAbout1962-01-26 Minutes31-2
MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT
• January 26, 1962, 4:00 p.m. Court Room
Present: Mr. John I. Smith, Mr. George Bowen, Mr. Tom Schiewetz, Mr. James A.
Pennington, Mr. J. F. Robinson, City Building Inspector Harold E.
Lieberenz and the following applicants: Mr. Clarence Tune, Mr. J. C.
Cox and Reverend Ray Hassell representing the United Pentecostal Church.
The meeting was called to order by Chairman John I. Smith. The minutes of the last
meeting were approved as mailed to the members prior to the meeting.
The first application was that of Mr, Clarence Tune. The variation requested by
Mr. Tune to the Zoning Ordinance is for the use of the property located at 1309
North Leverett Avenue. The City Council rezoned his property to permit his business
in this location by Ordinance No. 1280 passed December 18, 1961.
Mr. Lieberenz explained that during the time that his property was being rezoned,
Mr. Tune was tearing,down the Old Baptist Church on the corner of College Avenue
and Dickson Street. Mr. Tune needed some place to store the lumber from the church
building, and he started constructing a building on his property. This building
is 32 feet by 64 feet and is approximately 5 feet from the rear (west) property line.
The Zoning Ordinance requires that this building be 15 feet from the rear property
line before the Building Inspector can issue a building permit.
Mr. Smith asked -Mr. Tune why he had started building before acquiring a building
permit. M.r. Tune said that the property was always zoned industrial, and he did not
• know when the property was rezoned. He stated that he took it for granted that it
would be all right to build a shed in which to store the lumber. When he came to
the building inspector's office to get a building permit he learned that the property
was rezoned R—IA Single Family Residential District.
Mr. Schiewetz asked if any of the neighbors had any objections. Mr. Tune said no one
objected. The only neighbor who did say anything was surprised that Mr. Tune could
not build.
Mr. Robinson wanted to know what was to the west of Mr. Tunets property. Mr. Tune
and Mr. Lieberenz stated that deep residential lots fronting on Oakland Avenue were
to the west.
Mr. Lieberenz stated that the posts and trusses were already erected. Mr. Tune
explained that while he had a machine to put up the trusses, he decided to go ahead
and erect them.
There was no further discussion, and the applicant was dismissed.
The second application was that of Mr. J.. C. Cox. The variation requested by Mr. Cox
to the Zoning Ordinance is for the use of the property located at 1723 North College
Avenue. This property is located on the southeast corner of the intersection of
North College Avenue and Sycamore Street in a C-2 Thoroughfare Commercial Zone,
Mr. Lieberenz explained the problem to the Board members. Mr. Cox obtained a build—
. ing permit to erect this drive—in cafe canopy at 1723 North College Avenue. The
people who erected the canopy erected it in such a way that it appears to be only
from 3 to 5 feet from the 80—foot College Avenue right—of—way instead of the 15 feet
as shown on the building permit.
32-2
Mr. Lieberenz said that the canopy posts were set back ten feet from the
highway pavement. A person apparently had taken the edge of the pavement into •
consideration instead of the highway right-of-way when measuring the setback.
Mr. Bowen asked if the canopies were built under contract. Mr. Cox said he
did not know. He leased the property and building. Mr. Bowen wondered whose
business it would be to move the canopy back if it had to be moved.
Mr. Schiewetz wanted to know if there was a sign closer to the pavement than
the canopy. Mr. Lieberenz said that the sign was closer but was all right
according to the ordinance.
Mr. Robinson asked if there would be any problem with people backing their cars
out onto the highway. Mr. Ccx said no; the cars would drive in and would be
parked north and south.
There was no further discussion, and the applicant was dismissed.
The third application was that of the United Pentecostal Church represented
by Reverend Hassell. The variation requested by Reverend Hassell to the Zon-
ing Ordinance is for the use of the property located at 904 West Fifteenth_
Street. This property is located in a R-2 Two Family Residential District.
The applicant wishes to erect an addition on the north (rear) part of the
existing church building. The Zoning Ordinance requires the Board of Adjustment
to approve the remodeling or erection of churches in this R-2 Zone,
The Zoning Ordinance requires a church to have two (2) acres of land, building •
setbacks of 55 feet from the side and rear property lines if there is no more
than 50 members in the church.
The proposed building will only be 12 feet from the west (side) property line.
If the membership in the church did not exceed 50 persons, then the church
would only have to be 5 feet from the west property line.
Reverend Hassell said that after talking to the Church Board, they would like
to build onto the front or the church instead of building onto the back. They
thought it would look better to build a 14 -foot extension on the front of the
church instead of building onto the back. The front of the existing church is
45 feet from the street. The church, however, would extend out past
Mr. Bridenthal's house if the proposed l4 -foot extension were added.
Mr. Robinson asked if the b feet shown on the drawing was the proposed widening
line of the Major Street Plan. Mr. Lieberenz said yes. The church would therefore
be 39 feet from the existing front to the proposed widening line.
Yr. Schiewetz asked what the ordinance called for on the front setback.
Mr. Lieberenz said that according to the ordinance the church should setback
40 feet, but the existing church sets back 39 feet. With the proposed 14 -foot
addition the church would be 15 feet closer to the widening line than permitted
by the ordinance.
Mr. Schiewetz asked if the area between the church and property line were used •
for parking. Reverend Hassell said no; the people parked between the church
and the parsonage.
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• lair. Schiewetz asked for what would the proposed building be used. Reverend Hassell
said that the church needed more Sunday School classrooms. The new addition was to
help supply this need for more classrooms.
Mr. Lieberenz called Mr. Bridenthal as requested by Reverend Hassell, Mr. Lieberenz
reported to the Board that Mr. Bridenthal said he had no objections to the addition
on the back of the church, but he was concerned about any building done on the front.
He suggested that if any more were built in the front that the building addition be
placed in the off set in front and not be allowed to project out any closer to
Fifteenth Street than the existing church front.
There was no further discussion, and the applicant was dismissed.
Mr. Schiewetz moved that the United Pentecostal Church be allowed to build provided
that the extensions are no closer to the west property line or Fifteenth Street.
Mr. Bowen seconded the motion. The motion passed unanimously.
After a lengthy discussion, Mr. Bowen moved that action on Mr. J. C. Cors appli-
cation be deferred and that the Building Inspector write a letter to Mr. Cox. The
motion was seconded by Mr. Pennington and passed unanimously.
Mr. Schiewetz moved that Mr. Clarence Tune's request for a variance be granted. The
motion was seconded by Mr. Robinson and passed unanimously.
The meeting was adjourned. /y
• APPROVED: /el172(�
DATE: �i�1'�/.�h 1W,07hda�, /� li Z)
0
October 16, 1961
Reverend A. D. Stuckey (Calvary Baptist - 417 N. West on Approved) .... 491_2
'.
Dr. S. T. Hucke (346 St. Charles Avenue on Approved) ................. 2),2
C. W. Guisinger (214 East Lafayette Avenue - Approved) .............. 29,2
October 26, 1961
Paul Bond (Leverett & Cleveland on Disapproved) ......................2 3_2
Charles Clinehens (245 Louise Street or Approved) .................... 2 3_2
Dick Johnston (Farm Bureau Coop on Hwys 71 & 62 - Approved) ........... y_2
November 10, 1961
C. E. & V. F. Yerton (Highway 71 South - Approved) ................... 2,5-2
John Maquire (Evelyn Hills Shopping Center on North College Avenue
Approved). ............................................. `.t5-2
December 15, 1961
Willian Combs (509 Huntsville Road — Approved) ...................... 2�_2
December 29, 1961
Richard Walden (Campbell -Bell; Inc. - South Block on Approved) ....... �q-�
January 26, 1962
Clarence Tune (1309 Leverett Avenue - Approved) ..................... 31-2
J. C. Cox (1723 North College Avenue - Deferred) .................... 31- 2
United Pentecostal Church (904 W. Fifteenth - Approved) ............. 32-2
February 23, 1962
G. W. Tune (1370 North Leverett Avenue - Approved) .................. 35-2
Methodist Student Center ( Thad Rowden,- 730 W. Maple - Approved) .... 3,7,2
March 23, 1962
George M. Tharel (220 Ozark - Approved) ............................. 3 q-2
H. L. Utley (3 1/2 E. Maple Street - Approved) A10.2
April 13, 1962
Ralph Lehman (438 Mission Boulevard - Approved) ..................... 143-2
April 27, 1962
John Co Sugg (Sunset Drive - Approved) .............................. 4f,y-2
Exie Hardy (573 North Walnut Avenue - Disapproved) .................. yb-2
May u, 1962
• Salvation Army (501 South College Avenue on Approved) ................ Zm 2
Tex Waggoner (216 West Dicksbn-Street - Approved)
A. J. Miller (364 Nonnamaker Drive on Appooved) ...................... yq_2
May 18, 1962
Special meeting called to approve minutes of last meeting ............,5i-2
July 13, 1962
Ted Williams (1416 West Sixth Street - Deferred) 53-2
J. S. Hinton (519 West Dickson Street - Approved) 5q-2
A. J. Miller (364 Nonnamaker,Drive - Approved) jq-2
August 10, 1962
Ted Williams (1416 West Sixth Street - Disapproved) ................. S7-9
Harry A. Parker (608 West Dickson -Street - Disapproved) ............. 57-2
Paul A. Martin (Highway 71 South - Approved) ........................ 5g-2
0. L. Dailey (Church of Christ - Sixth Street - Disapproved) ........ ,58-2
Presbyterian Student Center (West Maple - Approved) 517-2
G. E. Wheeler (Razorback Road -.Approved) 60-2
September 17, 1962
Dal 0. Hollingsworth (Crest Drive -- Application withdrawn) .......... 63-:j
Elise Lancaster (407 Razorback Road - Approved) .................... 6 3-2
Haskell H. Jones (North Olive - Disapproved) ........................ 6H-2
Fayetteville Building & Loan (East Avenue - Approved) ...000000000000
H. L. Utley (West Dickson Street - Deferred) 65-2
October 12, 1962
R. T. Rogers (1630 North Gregg - Approved) 67-2
Kendall Scott (108 Hartman Avenue - Deferred) ....................... 6r7 -a
Leonard Broyles (908 Stone Street - Approved) ....................... 61 -2
H. L. Utley (West Dickson Street - Approved) ........................ 68 -
November 9, 1962
Central Methodist Church (333 North Highland - Approved) ............ 11-2
J. L. Imhoff (224 West Cleburn - Approved) .......................... /il-2
Homer Crow & Jack Zulpo (West North Street - Approved) 71-2
Loris Stanton (530 North College Avenue — Approved) ................. rn-2
November 23, 1962
E. E. Phillips (418 West Meadow Street — Approved)*,,,,,,,,,,,,,,,,,, 75-2
Morse Craig (The Sport Center — 39 E. Mountain - Approved) 0060000000 7 8-�2
December 14, 1962
Paul Marinoni, Jr. (616 Regan Street - Disapproved) ................. 7r7-2
J. F. Robinson (Maple & Sequoyah Drive - Approved) .0.600009000000000
Ruth Gilbert (Highway 71 North - Approved) .......................... ry g-2
J. K. Gregory (Gregg & West Sixth - Approved) ...........060000000000
0. L. Dailey (Combs Avenue - Approved ) .............................