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.
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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.
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ion of
justment approve
to build his
ails east. The
meeting was
Respectfully submitted,