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HomeMy WebLinkAbout1962-05-11 Minutes• 47-2 BOARD OF ADJUSTMENT MINUTES The Board of Adjustment met on Friday, May 11, 1962, at 4:00 p.me in the City Council Room in the City Administration Building. Members present: Mr. J. I. Smith, Mr. J. A. Pennington, Mr. G. Bowen -and Mr. J. F. Robinson. Members absent: Mr. T. M. Schiewetz. Others present: Harold E. Lieberenz, City Building Inspector, Mr. A. J. Miller, Mr. Tex Waggoner and the Salvation Army represented by W. R. Niblock, attorney, all three being applicants. Also present were Mr. Dan Epperly, Mr. Don Trumbo, Jr., Mr. Clark Garrison and Dr. Hardy Wilcoxon representing the Salvation Army and Mr. Bill Murphy, the property owners+ attorney and several property owners. The meeting was called .to order by Chairman John I: Smith. The minutes of the last meeting (April 27, 1962) were approved as written and mailed to the Board members prior to the meeting. Mr. Lieberenz explained the Salvation-Army*s application to the Board of Adjustment in which a variation from the City Zoning Ordinance is requested. The variation requested by the Salvation Army is for the use of the property located on the southwest corner of the intersection of South College Avenue and East Fifth Street at 501 South College Avenue. • The Salvation Army requested permission to operate their social service center at this location on South College Avenue, and also requested the Board to rule on the legality to operate a child.care center at said location should the Board mule against the social service center. The applicant requested the use of a portion of East Fifth Street which is not open at this time for their off -the -street parking. The Board of Adjustment.must approve the Salvation Army's use'in this location before the City Building Inspector can issue a certificate of occupancy. Mr. Lieberenz presented the case history of the Salvation Army. Due to someone's misunderstanding, the Salvation Army leased property and started'a'service center at 501 South College without checking with the City Building Inspector's office. The property owners called the City -Building Inspector and also'presented petitions pro- testing the operation of the Salvation Array at the location. - Attorney Walter Niblock, representing the Salvation Army, pointed out that the Salvation Army Board did not feel that the City Ordinance was being violated as the Salvation Army is a charitable and religious organization supported by the public and not a business. The Federal Government recognizes the Salvation Army as a non-profitable institution exempt from taxes. Mr. Niblock stated that the Salvation Army Board felt qualified to appear before the Board of Adjustment according to Section B, Paragraph 2, Article IV of Zoning Ordinance No. 1239. The Salvation Army Board will do anything reasonable to cooperate with Fayettevillets citizens. Mr. Niblock said that the Salvation Army would recommend no parking in front of the service center and would provide off-street parking. • Mr. Dan Epperly, treasurer, presented to the Board of Adjustment a financial report showing the income and expenses of the Salvation Army inorder to prove that it is a non-profitable organization. 48-2 h:inutes of May 11, 1962 Page 2 Dr. Hardy Wilcoxon said that the purpose of the organization at the service center was to aid the needy transients, collect and distribute household goods • and assist families in times of emergency. The goods are donated and contri- butions are accepted. Mr. Don Trumbo, Jr., told those present that the Salvation Army had made expensive repairs to the house which is being used. The present location is a good one. It is within walking distance of rany people. He said the Salvation Army did not feel that the service center was doing anything detri- mental to the area. M:r. Robinson asked Mr. Trumbo if the Salvation Army had bought or leased the property. Mir. Trumbo replied that the property was rented on a three-month basis. Yr. Bill Murphy represented the property owners who protested the operations of the Salvation Army. Mr. Murphy presented a map showing the Salvation Armyts location and the neighboring area. The red circle represented the service center; the blue X's were the property owners who signed the petition and the red Xts were the property owners who could not be located. Mr. Murphy pointed out that the area is zoned R-3 Multi -family Residential District. The property owners do not feel that an R-3 zone is the proper area for this type of work. The operation of the service center is detrimental to the nearby property. Mr. Murphy stated that these people deserve the same protection as other Fayetteville property owners and that the zoning ordinance was for this purpose. He said since the Salvation Army is only renting the property, it would be no great loss if they moved. Mr. Murphy presented a petition with the signature of 33 property owners. The property owners claimed that the operation of the service center at 501 • South College brought undesirables into the neighborhood, presented a parking problem and delivery trucks delivered goods at all hours. Mir. Niblock questioned Mir. Murphy as to the detrimental effect the Salvation Army's service center had upon the real estate value of the property. Several of the property owners stated their feelings. Mr. Jack Hinrichs, a property owner, stated he owned rent property in the area and the rent house had been vacant for quite a while. He felt that he was having trouble renting his house because of the Salvation Armyts operations in the area. A widow and property owner objected to the transients in the area at all house. M:r. Ed Hardy, a property owner, said he would not argue the point of cleanliness, but stated that there would be no parking unless Fifth Street were used. He asked the Salvation Arm representatives what provisions had been made to lodge transients. He said that the Salvation Army opens at 8:00 a.m. and closes at 5:00 p.m. like any other business. Transients are there even after these houses. Mr. Wilcoxon cited one case in which a man had spent the night at the service center because of unusual circumstances. Ordinarily provisions are made to put the transients in a motel or hotel. lire Clark Garrison, regional representative of the Salvation Army, said that the organization's general policy was that not to operate transient lodgings. Local police departments handle the lodging problem at late hours. There was no further discussion, and the applicant was dismissed. • 49-2 Minutes of May 11, 1962 page 3 • The second applicant to appear before the Board was Mr. Tex Waggoner. The variation requested by Mr. Waggoner is for the use of property located at 216 West Dickson Street at the Waggoner's Bakery. The applicant requested a variance from the City Zoning Ordinance and permission to erect a two (2) by five (5) foot sign on the front of Waggoner's Bakery out over the sidewalk. According to the City Zoning Ordinance, if a sign is erected out from the front of a building in this location, it cannot project more than four (4) feet from the building line. The sidewalk width is 8 1/2 feet in front of the building. The sign is 5 feet; therefore 3 1/2 feet would remain from the edge of the sign to the curb. Mr. Waggoner explained the reason for the extra foot was so that the sign could be seen. A Maple tree on the lot to the east obstructs the view and he would like for the sign to be seen going west. A telephone post in front of the building would be hit by a vehicle before hitting the sign. The building is approximately 30 feet wide. and 14 feet high. The hook that holds the sign is approximately 12 feet from the sidewalk. The sign would be up over the west edge of the awning almost in the center of the building. The sign would be a glow sign. Mir. Robinson asked if when coming from the east would the sign be inclined to cut the view. Mr. Waggoner said no. Mr. Bowen was concerned about the width of the sidewalk. Mr. Waggoner said that the sidewalk in front of the bakery was about 8 feet wide and was wider about one block west of the bakery. • There was no further discussion, and the applicant was dismissed. The third and last application was that of Mr. A. J. Miller. The variation requested by Mr. Miller is for the use'of property located at 364 Nonnamaker Drive. This property is located east of Highway 71 South in a C-2 Thoroughfare Commercial Zone. The applicant wishes to enlarge an existing commercial building by adding a 25 by 30 foot addition onto the west end of his existing building. This proposed addition would be only 10 feet from Nonnamaker Drive instead of the 15 feet required by the City Zoning Ordinance. The addition would be only 5 feet from the north (rear) pro- perty line instead of the 10 feet required by the City Zoning Ordinance. The existing building was started before the present zoning ordinance was adopted by the City Council. The zones have now been changed in such a way that the Commercial and R-2 Residential zones split Mr. Miller's corner lot. The present zoning ordinance states that commercial buildings on corner lots must face the predominantly commercial street—Highway 71 South, Mr. Bowen asked if the addition would be attached to the garage building. Mr. Lie- berenz and tor. Miller said that the proposed building would be attached., Mr. Miller said that the new building would be constructed according to code and would be of masonary construction as the existing building. Mr. Smith wanted to know if the lot was 40 feet wide. Mr. Lieberenz said yes. He explained that Mr. Miller had donated 10 feet of his land for Nonnamaker Drive a few • years ago. Mr. Miller requested a 40 foot extension instead of the 30 feet advertised. The Board 50-2 Minutes of ray 11, 1962 said they would consider this request, but they were not sure they had the power to make any change in the advertised variation unless the variation were re- • advertised with the changes wanted. There was no further discussion, and the applicant was dismissed. After a short discussion, lir. Robinson moved that the Board of Adjustment grant 11r. A. J. Miller's request for a variation from the zoning ordinance with a 25 by 30 foot addition as advertised. The motion was seconded by lire Bowen and passed unanimously. Mr. Robinson moved that the Board of Adjustment grant Pia. Tex Vlaggoner+s request for a variation from the zoning ordinance. The motion was seconded by Mr. Pennington and passed unanimously. After a lengthy discussion, Mr. Bowen moved that the Board of Adjustment grant the Salvation Army's request to operate a service center at 501 South College Avenue and that the Board suggests off-street parking be provided and that the service center be kept neat and clean. The motion was seconded by Mr. Penn- ington and passed unanimously. The meeting was adjourned. DATE: APPROVED: Secretary r L 0 0 • tion Army Enterprise Boardt Of Adjustment Hears Arguments On Service Center The Fayetteville Board of Ad- stment heard from two sides Yesterday on the question of open. ation of a Service Center by the Salvation Army at 501 South Col- lege Avenue. The Service Center was moved there several months ago from a location on Mountain A Petition signed by residents of South College Protesting operation of the Center in the a r e a and Pointing out that zoning laws "do not ailow such operation at this place," was turned in to city offi- cials. The Salvation Army then asked the Board of Adjustment for a hearing on the matter. Attorney Walter Niblock, repre- senting the Salvation Army, Pointed out that the boatel feels there is no violation of the ordi- nance as the Army is a charl. table and religious organization, not a business. It' pays no taxes, is not a profitable group, and is interested only in service, he said. In behalf of the board he said the Army would recommend no parking in front of the Service Center and would provide off- street parking facilities if neces- Treasurer Dan EPPerly pre. sented a financial report showing the Service Center, where clothes and other items are distributed to indigent and needy, is not profi- able and is not making expenses. Dr. Hardy Wilcoxon said the' purpose of the Service Unit is to aid needy transients, help to dis- tribute clothing and aid families in time of emergency. The goods are donated, he said, with contri. butions accepted. Don Trumbo, Jr., told the board the Salvation Army has financed repairs to the housewhichis be- ing used for a Center in t he amount of several hundreds of dol- lars, and that the board feels it is a good location for the Salvation Army servic&. fie said a vacant BOARD — lot adjoins the Center and the next property houses a garage. The Center location is rented on a three-month basis, he said. Attorney Bill Murphy repre- sented protesting property owners. He pointed out that the area is zoned R-3, residential, a n d de- clared the operation of the Center is,;'detrimental to nearby proper - "These People deserve the same Protection as everybody else in town no matter where they live," he said. "The zoning law was p a s s e d for this purpose — pro- tection of property all over the He noted that the Salvation Army would sustain "no great loss since the property is being rented." Presented were signatures of 30 land owners who claimed the es- tablishment of the Center w a s "bringing undesirables" into the neighborhood, "Just figure," he asked the Adjustment B o a r d members, "how you would like an operation of this kind next to In behalf of his clients he asked the board to disallow the petition Of the Salvation Army. Others spoke on both sides. Clark Garrison, regional repre- sentative of the Salvation Army from Hot Springs, said the orga- nization does not operate transient lodging. A neighbor living in the vicinity of the Service Center said "transients sometimes come there at night. The zoning ordi- nance was adopted as ,a protec- tion and we ask that it be en. forced." John I. Smih presided as chsir. man of the Board of Adjustment. He said a rulin.a can be expected early next week.