Loading...
HomeMy WebLinkAbout1962-03-23 Minutes39-2 BOARD OF ADJUSTMENT MINUTES • The Board of Adjustment met on Friday, March 23, 1962, at 4:00 p.me in the City Council Room in the City Administration Building. Members present: Mr. John I. Smith, Mr. T. M. Schiewetz, Mr. George Bowen, Mr. James A. Pennington and Mr. J. F. Robinson. Others present: Mr. Harold E. Lieberenz, City Building Inspector, and two applicants: Mr. H. L. Utley and Mr. George M. Tharel. Mrs. Sidney Guard, Mr. G. A. Browne and Mr. Hardy Wilcoxon appeared in regard to the applicants' requests for variances in the zoning ordinance. The Chairman called the meeting to order. The minutes of the last meeting (February 23, 1962) were approved as written and mailed to the members prior to this meeting. The first application considered by the Board was that of Mr. George M. Tharel. The variation requested by Mr. Tharel to the Zoning Ordinance is for the use of property located at 220 Ozark Avenue. This property is located in a R-4 Multi -family Resident - ail and Dormitory District, Mr. Lieberenz explained Mr. Tharel's problem. Mr. Tharel wants to build additional living area and a car port on the rear of his dwelling. The proposed addition would be in line with the north wall of his house but would only be about 2.5 feet from the north property line instead of 5 feet which is required by the Zoning Ordinance. The addition and car port would be in line with the south line of the existing dwelling • but would only be about 4.5 feet from .the south property line. Mr. Lieberenz added that Mr. Tharel plans to tear down an old existing garage building located in his rear yard. Mr. Tharel stated that he had lived in Fayetteville about 7 years. He said the area in which he lives in crowded. Since there is a dormitory across the street, Mr. Tharel said he does not consider this area a residential district. He continued by saying that he did not wish to do anything that would be harmful to the property to the north or to the south of his property. He is aware of the closeness of the buildings in the area and knew the conditions when he moved into the neighborhood. The building will be in line with the present sides of the house but will go up only one story. Mr. Tharel said there would be plenty of light and that the roof line will not go above the roof of the house to the north. Mr. Tharel felt that my moving the garage in the rear of his lot it would compensate for any damage done to cut-off his neighbor's view. Mr. Tharel said that he could set back the required 5 feet, but his plans would have to be redrawn and he would have to build a two-story building inorder to get the necessary floor area. Mrs. Sidney Guard, the neighbor to the north of Mr. Tharel, said she had her property surveyed when she bought it, and she had the property surveyed again this week. She had assumed that the fence between her house and Mr. Tharel's house was on the pro- perty line, but the survey made by Mahaffey and Associates indicated differently. • Mrs. Guard first requested that the fence be.moved to give her a.lot 61 feet wide and secondly requested that any additional building be 5 feet from the property line. Mrs. Guard requested that the five feet be required because of the fire hazard. Dry leaves are permitted to pile up between the fence and Mr. Tharel's house and wood is stacked in the back of Mr. Tharel's house. 40-2 Mr. Bowen asked Mrs. Guard how long she had lived in her house. Mrs. Guard said she had lived in the house for 21 years, but she did not know how long the fence had been erected. • Mr. Schiewetz said that according to the zoning ordinance the setback is 5 foot on the side yards. Mr. Schiewetz wanted to know that if the required setback footage was maintained, was there any restriction on the number of stories that would be erected. Mr. Lieberenz said there were restrictions, but if the re- structions were met, Mr. G. Tharel could build as many as eight stories on his building. Yr. G. A. Browne who owns the property to the south said that few of the pro- perty lines are where they should be. He said that he did not see how Mr. Tharel's building would inconvenience anyone. Mr. Browne said he would prefer that the addition be one story. There were no further questions, and the applicant was dismissed. The second and last application was that of Mr. H. L. Utley. The variation requested by Mr. Utley to the Zoning Ordinance is for the use of property located at 3 1/2 East Maple Street. This property is located in a R-3 Muti- Family Residential District. Mr. Lieberenz stated that Mr. Utley has a lot 50 feet wide and 94 feet deep. The building located on the lot has one apartment on the second floor above a two car garage. Mr. Utley wants to convert the downstairs garage area into an additional one -bedroom apartment. The Zoning Ordinance requires 7,000 square foot lot area for a two-family residence. Mr. Utley's lot has only 4,500 square feet in area. Mr. Lieberenz said that the property has a shared drive -way on • the west side, and Mr. Utley said he could provide off-street parking in the rear of the building. Mr. Utley said that in his opinion that the proposed building will not damage anyone else's property. The building is a two-bedroom house and is in basically a commercial zone. He said that the people had been parking in front for years and if he did provide off -the -street parking in the rear, he doubted if the people would park in the rear. Tir. Smith felt that the general appearance would be better if Mr. Utley had parking provided in the back. Mr. Hardy Wilcoxon, who lives on the north side of Maple Street on the corner of Maple Street and Highland Avenue, was concerned about the number of people already in the area and that the proposed duplex would not help the already crowded area. Also, Mr. Wilcoxon said that Nx. Utley -'s lot is much less than 7,000 square feet and would have a detrimental effect on the area. There were no further questions, and the applicant was dismissed. Por. Schiewetz moved that the Board of Adjustment approve the variation re. quested by Mr. H. L. Utley provided that off -the -street parking be provided in the rear yard or on the side yards. Mr. Bowen seconded the motion, and the motion passed unanimously. 0 • • Mr. Pennington asked to be excused from the voting and the discuss Ms. Tharelts application. Mr. Robinson moved that the Board of Ad the variation of Mr. George Tharel by giving Mr. Tharel permission proposed addition by extending the existing north and south side w motion was seconded by hr. Schiewetz and passed unanimously. The adjourned. 41-2 ion of justment approve to build his ails east. The meeting was Respectfully submitted,