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HomeMy WebLinkAbout1962-08-10 Minutes• • 57-2 BOARD OF ADJUSTMENT MINUTES The Board of Adjustment met on Friday, August 10, 1962, at 3:30 p.m. in the City Council Room in the City Administration Building. Present: Mr. J. I. Smith, Mr. T. M. Schiewetz, Mr. J. F. Robinson and Mr. J. A. Pennington. Also present besides the Board members were Harold E. Lieberenz, City Building Inspector; Mr. Claude Fritz and Mr. Glen Oxford, Church of Christ represent- atives; Mr. Ted Williams; Mr. H. C. Agee; Mr. Bob Phelan and the following applicants: Mr. Harry A. Parker, Mr. Keith McPheeters who represented the Presbyterian Student Center, Mr. Paul A. Martin and Mr. 0. L. Dailey who represented the Church of Christ. Absent: Mr. George Bowen. The meeting was called to order by Chairman J. I. Smith. The minutes of the last meeting (July 13, 1962) were approved as written and mailed to the members prior to this meeting. The Chairman suggested that the Board consider Mr. Ted Williams' application upon which action had been deferred at the last meeting. Mr. Smith said that the actual distance from the building to the paving was 30 to 33 feet. To the west of Mr. Williams' house is a small house which is in line with Mr. Williams? residence. Mr. Williams stated that he thought if the 16 foot alley to the north of his lot were open than a drive way on the east side of the lot and the full length of his lot could be created. Cars could be parked in the back of the store and the alley could serve as an exit; therefore the parking problem would not be as severe. According to Mr. Williams, it was suggested by Carlos Hill, his lawyer, that poles be placed in front of the building in order to control parking in front of the store There being no further discussion, the applicant was dismissed. The second application to be considered by the Board was that of Harry A. Parker. The variation requested to the zoning ordinance by Mr. Parker is for the use of property located at 608 West Dickson Street. This property is located in the C-3 Central Commercial Zone. The applicant wishes to move some existing gasoline pump islands on the property and erect two new pump islands a few inches from Dickson Street property line instead of the fifteen (15) feet as required by the Zoning Ordinance. Mr. Lieberenz explained to the Board that in order to prevent the public from parking on the public sidewalk, the company planned to build a small corrugated fiber glass fence section between the proposed pump islands on the Dickson Street property line. Mr. Parker pointed out that should the street be widened, the fence could easily be removed. Mr. Parker said that Mr. Bob Phelan, who now leases the business, had applied to the oil company for help. There was not enough room to service cars quickly and also the slope presented a problem when servicing cars. If two pumps were moved closer to the street and two pumps were located closer to the building, then more cars could be serviced. Mr. Parker stated that cars would not be serviced on the sidewalk. The oil company plans to install dual pumps. Mr. Smith asked if the pump islands could be located west of the lot. Mr. Phelan and Mr. Parker said that this location was out of the question. The lube room, service 5g-2 Board of Adjustment Minutes of August 10, 1962 room and service base are located in this vicinity. Underground storage tanks • are located on the east side of the lot and cover the entire area to the east. Mr. Pennington wanted to know about the height of the fence. Mr. Parker replied that the fence would be 4 feet in height and 6 feet long and would be about 6 inches off the ground. Mr. Pennington felt that a traffic hazard would be created by such a fence. Mr. Parker stated that plans had been under consideration for 2 or 3 years. The oil company's engineer said that the only other answer would be to move the build- ing back. Mr. Parker said that the oil company had a lease on the building for 20 years. The lease cannot be discontinued by the oil company until the time expires. Bob Phelan has a yearly lease which he can drop at any time. The oil company has the lease for 22 or 23 more years. To move the building back would not be feasible for the oil company to do at this time. There were no further questions, and the applicant was dismissed. The next application was that of Paul A. Martin. The variation requested to the Zoning Ordinance by Mr. Martin was for the use of the property at Martin's Hatchery located at 1753 South School Avenue. This property is located in a I-2 Heavy Industrial Zone. Mr. Martin obtained a building permit from the building inspector to build an addition onto the west end of the existing building, but he could not build as large of an addition as he had planned because of zoning restrictions. The applicant, Mr. Martin, wishes to build another addition which will line up with the north side of the existing structure. The proposed addition will only be approximately eight (8) feet instead of the twenty-five (25) feet from the north property line. Mr. Smith asked who owned the property to the north and west of the hatchery and if any calls concerning the proposal had been received. Mr. Martin said that Walter Heflin owned the residence about 100 feet west of his property. Mr. Lie- berenz stated that he had received no calls, questions or complaints from anyone inregard to Mr. Martin's proposal. There was no further discussion, and the applicant was dismissed. The next application to be considered by the Board was that of the Church of Christ. Mr. 0. L. Dailey, acting in behalf of the Church of Christ, requested a variation from the zoning ordinance for the property located at 331 East Sixth Street. The Church of Christ has purchased property which was used for a church and later used as an automobile repair garage. The Church of Christ representatives were not aware of the zoning problems when the property was purchased to establish a church in the area for their Negro church members. The zoning ordinance requires approval from the Board of Adjustment before this property can be used for church purposes in the R-2 zone. The building is large enough to accommodate approximately 66 persons. A church in this zone should have a minimum lot area of two (2) acres, forty (40) foot front setback and fifty -fine (55) foot side and rear setbacks if the building is designed to accommodate • 50 or more persons. Mr. H. C. Agee, property owner east of the Church of Christ property, felt that there was not enough room for a church on the lot and that the surrounding 59-2 Board of Adjustment Minutes of August 10, 1962 • property, especially the lots east and west of the lot upon which the proposed church building site, would be degraded. Mr. Agee stated that his property was for sale and that all but one prospective looker wanted to wait until after the Board of Adjustment meeting before even considering purchasing the property. Mr. Smith asked the representatives of the Church of Christ if they could sell the lot and move the church to a larger area. Mr. Dailey stated that their present locat- ion was ideal and they would prefer this location. Mr. Dailey pointed out that he and the others representating the church were not aware of the zoning problems. The build- ing had previously been used as a church and very recently used as a repair garage for automobiles. Now the place was to be used as a meeting place for colored people. Mr. Dailey doubted if immediate sale of the property would be possible without a rather large financial loss. The Church representatives wanted to know if the rights of the previously established church had to be given up. Mr. Lieberenz said it would depend upon how long ago the church use had been abandoned. r" Mr. Agee asked if the old church were within the ordinance regulations. Mr. Lieberenz said that as far as he knew without checking office records the old church complied with the ordinance in existence prior to Ordinance No. 1239. There was no further discussion, and the applicant was dismissed. The Presbyterian Student Center's application was taken into consideration at this time. Mr. Keith McPheeters, architect, represented the student center. The variation requested by Mr. McPheeters to the zoning ordinance is for the use of the property • located at 902 West Maple Street. This property is known as lots 9 and 10 of Block 4 of Oakland Place Addition and is located in A R-4 Multi -family Residential and Dormitory District. The applicant wishes to remove the existing student building and brick apartment build- ing from lot 10 and remove the frame residential building and the frame garage from lot 9. After the existing buildings had been removed, the applicant wishes to erect a new student center building. The zoning ordinance requires that the Board of Adjustment must give their approval for "church use" in this zoning district; therefore a public hearing must be held by the Board before the city building inspector can issue a building permit. The proposed structure is designed for sixty (60) people. The zoning ordinance requir a 'church use" in this zoning district to have a one (1) acre lot (the property is only about .324 acre), thirty-five (35) foot front setback (the proposed building will be 23 feet from the front or south property line), and fifty (50) foot side and rear setbacks (the proposed building will be approximately 11.5;feet at the closest point on the east side yard and 4 feet on the west side property lines and closer than the 50 feet to the north or rear property line.) Mr. Lieberenz explained the plans of the Presbyterian Student Center. Mr. Lieberenz stated that the alley was no problem which would concern the Board of Adjustment. The alley would have to be closed by the proper legal procedure. The mayor's office had received telephone calls concerning the moving of the alley; however no calls had been received regarding the proposed new student center building. Mr. McPheeters was aware of the possibility of complaints from property owners to the north. Allowances had • been made and plans drawn up to erect a retaining wall or provide for landscaping by leaving a narrow strip of land at the north edge of the student center property. 60-2 Board of Adjustment Minutes of August 10, 1962 Mr. Schiewetz asked Mr. McPheeters about the number of parking spaces. • Mr. McPheeters said that approximately 19 spaces were provided and even more spaces could be provided at the north end of the property if they were needed. Mr. Pennington wanted to know if a car could get in and out of the parking lot area if the parking spaces were full. Mr. McPheeters stated that there would be very few times when all the spaces would be filled as the majority of the students would walk to the student center. Even if the parking lot were full, Mr. McPheeters continued, there would be enough room to back out and also the 15 foot alley to the west could serve as an exit. However if the existing alley could not be moved then there would be less parking space available. Mr. Schiewetz inquired about the entrances into the building. Mr. McPheeters explained that a large number of the student center's occupants would cross the front of the lot on foot and would use the entrance provided on the west side of the proposed building. Also there are two entrances close to the parking area besides the service entrance. Mr. McPheeters was asked why the Presbyterian Student Center had been so designed in violation of the city zoning ordinance when they were aware of the zoning regulations. Mr. McPheeters stated that the location was the main reason for the plans of erecting the student center. The center will be within walking distance of the University of Arkansas and also the property was purchased before the zon- ing ordinance existed. The purchase of the property dates back beyond 1957. The people involved feel that it would be a hardship if the property could not be used. Mr. McPheeters said that the Presbyterian people had tried to purchase the property to the west which belongs to Mrs. Stoker. She said she did not want • to sell at the time; however by verbal agreement she told the Presbyterian people that the church would have notice and be given a change to purchase the property when she did decide to sell. There was no further discussion, and the applicant was dismissed. The last application to be considered by the Board of Adjustment was that of Mr. G. E. Wheeler, The variation requested by Mr. Wheeler to the Zoning Ordinance is for the use of the property located on the northwest corner of the intersection of Highway 62 West and Razorback Road. This property is located in a C-2 Thoroughfare Commercial District and is known as all of lot 13 and part of lot 12 of Block 13 of Park Addition to the City of Fayetteville, Arkansas. i The applicant has removed an old grocery store building from the lot and now plans to build a drive-in cafe building. The applicant wishes to build a build- ing on the lot in such a way that the roof overhang will be approximately thirty- five (35) feet from Razorback Road and thirty (30) feet from Highway 62 West instead of the forty (40) feet required by the zoning ordinance. Mr. Lieberenz told the Board members that Mr. Wheeler had to be out of town on business and would not be present at the meeting. Mr. Lieberenz also mentioned that Mr. Wheeler might want to face the building toward Razorback Road. The city zoning ordinance requires the business building built on a corner lot to face the commercial street which would be Highway 62 West. The Board members were familar with the location and the plans of Mr. Wheeler; therefore there • were no questions. 61ee2 Board of Adjustment Minutes of August 10, 1962 • Mr. J. F. Robinson moved that the Board of Adjustment approve Mr. G. E. Wheeler's application requesting a variance from the zoning ordinance. The motion was seconded by Mr. T. M. Schiewetz and passed unanimously. �Mr. T. M. Schiewetz moved that the Board of Adjustment deny. -Mr. Ted Williams' application requesting a variance from the zoning ordinance. The motion was seconded ,by Mr. J. A. Pennington and passed unanimously. Mr. J. F. Robinson moved that the Board of Adjustment approve Mr. Keith McPheeters' application requesting a variance from the zoning ordinance; said request being made in behalf of the Presbyterian Student Center. The motion was seconded by Mr. J. A. Pennington and passed unanimously. Mr. T. M. Schiewetz moved that the Board of Adjustment deny the Church of Christ's application in which a variance was requested from the zoning ordinance by Mr. 0. L. Dailey, a representative of the Church of Christ. The motion was seconded by Mr. J. F. Robinson and passed unanimously. Mr. T. M. Schiewetz moved that the Board of Adjustment approve Mr. Paul A. Martin's application requesting a variance from the zoning ordinance. The motion was seconded by Mr. J. F. Robinson and passed unanimously. Mr. J. A. Pennington moved that the Board of Adjustment deny the application of Mr. Harry A. Parker in which a variance from the zoning ordinance was requested. The motion was seconded by Mr. J. F. Robinson and passed unanimously. • There being no further discussion, the meeting was adjourned. APPROVED: r •