HomeMy WebLinkAbout1962-09-17 Minutes63-2
BOARD OF ADJUSTMENT MINUTES
• The Board of Adjustment met on Monday, September 17, 1962, at 3:30 p.me in the City
Council Room in the City Administration Building. This meeting which was to have
been held Friday, September 14, 1962, was postponed until this date because the city
offices. -were closed.
Board members present: Mr. J. I. Smith, Mr. J. F. Robinson, Mr. T. M. Schiewetz,
Mr. George Bowen and Mr. J. A. Pennington.
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Applicants and others present: Mr. Dal 0. Hollingsworth, Mr. H. L. Utley, Mr. Haskell
H. Jones, Mrs. Elise Lancaster and Mr. Paul Young, a representative for the Fayette-
ville Building and Loan Association. Also present were about 20 persons who were
interested in the various applications requesting variances.
The meeting was called to order by Chairman J. I. Smith. The minutes of the last meet-
ing (August 10, 1962) were approved as written. Mr. Smith reported to the Board that
he had received several telephone calls in relation to the Board's decision on an
application presented at the August 10, 1962, meeting.
The first application heard by the Board was that of Mr. Dal 0. Hollingsworth. The
variation requested by Mr. Hollingsworth to Ordinance No. 1239 was for the use of the
property located on the west side of Crest Drive just north of Rockwood Trail. This
property is located in a R-lA Single Family Residential Zone and is known as lot 9 of
the Replat of lots 2, 3, 49 109 11 and 12 of Crestwood Acres Addition to the City of
Fayetteville, Arkansas.
The applicant wanted to erect a new residence at the above-mentioned location. The roof
line of the proposed structure would only be approximately 11 feet from the street
property line instead of the 25 feet required by the zoning ordinance. According to
the architect, the roof of the proposed structure would only be approximately 4 feet
higher than the existing street level because of the grade and slope of the building
site.
Mr. J. I. Smith asked Mr. Hollingsworth if he could not move the house farther back to
the west so as to comply with the zoning ordinance setback requirements. Mr. Hollings-
worth pointed out that the hill slopes off so much behind that the house would have to
be constructed on stilts or as the plans indicated.
The covenants of the Crestwood Acres Addition (Collier Addition at one time) were made
known to the chairman who read aloud the setback and lot area requirements for resi-
dences: 30 foot front yard setback; 20 foot side yard setbacks; nor more than one
residence on one complete lot. The Chairman stated that he was not aware of the cove-
nants until it was called to his attention by letters received from people living in
the vicinity. These letters which had been received protested and requested that the
granting of the variance be denied. The people felt that the building would be too
close to the street and would only degrade the property.
The Board members felt that due to the covenants the variance would not be within their
jurisdiction to grant. Mr. Dal 0. Hollingsworth said he was not aware of the covenants
although he was in possession of the abstract within which the covenants are made
known. Mr. Hollingsworth thought the City of Fayetteville would be the only party
involved. Under the circumstances Mr. Hollingsworth withdrew his application.
The
second application was that of Mrs.
Elise Lancaster.
The
variation requested by
Mrs.
Lancaster to the zoning ordinance
was for the use of
the
property at 407 North
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Minutes of September 17, 1962 Page 2
Razorback Road which is located on the west side of Razorback Road across from •
the University football stadium. This property is located in a R, A Single
Family Residential District.
The applicant wanted to remodel this residence for her home and she appealed to
the Board of Adjustment for permission to have a dramatic and music studio "home
occupation" in her home in this zoning district. The ordinance restricts the use
in such a way that the owner must live in the residence where the home occupation
type use is operated, no persons other than members of the household are employed
in such occupation, not more than 25 per cent of the total floor area is devoted
to such use and only one sign is used which is limited to one (1) square foot in
area.
Mrs. Iancaster said she worked with the U. of A. and wanted permission to teach
within her home if she decided to do so. She stated that the neighbors around
her (Mr. Feathers to the north and Mr. January to the south) had no objections.
Her property is isolated and her lot is very deep.
There were no further questions and the applicant was dismissed.
Mr. Haskell H. Jones was the third applicant to appear before the Board. The
variation requested by Mr. Jones to the Zoning Ordinance was for the use of the
property located on North Olive Avenue just south of Rebecca Street. This pro-
perty is located in a R -1B Single Family Residential Zone and is known as the
west 100 feet of lot 2 of Block 4 in the Gunter Addition to the City of Fayette- •
ville, Arkansas.
The applicant has purchased part of lot 1 and 2,of Block 4 of the Gunter Addition
which has an existing residence on it facing Rebecca Street. He would like to split .
off a new lot using the west 100 feet of7ot 2. The proposed lot would only have
5,000 square foot area and a 50 -foot street frontage. The zoning ordinance ree
quires that all new lots created in this zoning district must have 8,000 square
foot area and a 70 -foot street frontage.
The Board members expressed their feelings concerning the size of the lot and
wondered why the two proposed lots were not combined as to have a 100 by 75
foot lot.
Walter Niblock, lawyer, represented several protesting property owners living
in the vicinity. The property owners not only felt that the two lots were too
small upon which to build, but also the water problem within the area would be
increased.
Mr. Elbert (Buster) Carson explained to the Board members the water problem which
has antagonized the property owners for a number of years. Mr. Carson stated
that he would have no objection to the proposed buildings if Mr. Jones would take
care of the water problem on his lot by installing a large enough tile to improve
the water problem rather than increase the problem.
There were several property owners present to protest the variance requested by
Mr. Jones. The propetty owners were given an opportunity to relate their •
opinions of the situation. As there was no further discussion, the applicant
and interested persons were dismissed.
Minutes of September 17, 1962
65-2
• Mr. Paul Young, acting in behalf of the Fayetteville Building and Loan Association,
appeared before the Board of Adjustment. The variation requested by the Fayetteville
Building and Loan Association to the zoning ordinance was for the use of property
located on the northwest corner of the intersection of Spring Street and East Avenue.
This property is located in a C-3 Central Commercial Zone of the City of Fayetteville,
Arkansas.
The Zoning Ordinance requires the property owner to provide Tloff-the-streetlf parking
at the rate of one space for each 300 square feet of the total floor space in the
proposed building. The City Zoning Ordinance permits this off -the -street parking to
be provided within 400 feet of the business if approved by the Board of Adjustment.
The applicant proposed to build an office at the above-mentioned location and provide
21 parking spaces. The ordinance requires the applicant to have at least 34 parking
spaces. The applicant requested the Board to consider the city parking lot on the
corner of Meadow Street and East Avenue which is located approximately 270 feet from
their property for the remainder of their off -the -street parking requirement.
In answer to a question Mr. J. I. Smith had, Mr. Young stated that the Fayetteville
Building and Loan Association did have the option to acquire Mrs. Hudson's property
which is located west of the building site. There was no futher discussion and the
applicant was dismissed.
The last application to be considered by the Board of Adjustment at this hearing was
that of Mr. H. L. Utley. The variation requested by Mr. Utley to the Zoning Ordinance
was for the use of property located on the southside of West Dickson Street west of
University Avenue. This property is located in a R-4 Multi -family Residential Zone
is of the City of Fayetteville, Arkansas.
[Mr. Utley, acting in behalf of a client who would like to erect a small building for
commercial parking lot attendant, was present. The proposed building would be closer
to the Dickson Street property line than permitted by the Zoning Ordinance. The pro-
posed building would be erected on the street property line as the street now exists.
The Zoning Ordinance requires buildings in this zone to be 25 feet from the proposed
street widening on Dickson. The street widening ordinance requires a 60 foot street.
The existing street width is 50 feet which requires a five (5) foot street widening
on both sides of the street; therefore the ordinance would require the building to be
30 feet from the existing Dickson Street property line.
The Board members asked Mr. Utley several questions: What type of building material is
to be used? The reasons for the location of the building? How often and when the
parking lot would be in use? The number of parking spaces and how these spaces would
be laid out? Mr. Utley was unable to answer these questions as definite plans had not
been made.
Mr. Frank Lewis who owns property immediately east of the property in question was
concerned about the appearance of the shelter. He stated he had no objections to the
lot being cleared off and constructed for parking; however he was interested in the
application.
There was no further information which could be given; therefore the applicant was
dismissed.
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After a lengthy discussion, Mr. George Bowen moved that the Board of Adjustment defer
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Minutes of September 17, 1962
action on N.r. H. L. Utley's application until more definite and better inform—
ation can be secured. The motion was seconded by Mr. T. M. Schiewetz and
passed unanimously.
Mr. George Bowen moved that the Board of Adjustment deny Mr. Haskell Jones,
application. The motion was seconded by Ms. J. F. Robinson and passed unani—
mously. The Board members felt that the lot was much too small to build upon.
Mr. J. F. Robinson moved that the Board of Adjustment grant the variance requested
by Fayetteville Building and Loan Association. The motion was seconded by
Mr. George Bowen and passed unanimously.
Mr. T. M. Schiewetz moved that the Board of Adjustment grant the variance
requested by Mrs. Elise Lancaster. The motion was seconded by Mr. George Bowen
and passed unanimously.
There being no further business, the meeting was adjourned.
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03,0110-01
Respectfully submitted,
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