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HomeMy WebLinkAbout1962-12-14 Minutes77-2 BOARD OF ADJUSTMENT MINUTES • The Board of Adjustment met on Friday, December 14, 19629 at 3:30 p.m., in the City Council Room in the City Administration Building. Members present: T. M. Schiewetz, George Bowen, J. F. Robinson and J. A. Pennington. Members absent: J. I. Smith. Applicants and others present: Paul Marinoni, Jr., and two persons who were with Mr. Marinoni; J. F. Robinson and Warren Segraves, architect for Mr. Robinson; Mrs. Ruth Gilbert; J. K. Gregory and 0. L. Dailey. T. M. Schiewetz presided at the meeting in the absence of Chairman J. I. Smith. The minutes of November 9, 1962, and November 23, 1962, were approved as written and mailed to the members prior to this meeting. The first application to be considered by the Board was that of Mr. J. K. Gregory. The variation requested by Mr. Gregory to the zoning ordinance was for the use of property located on the northeast corner of the intersection of Gregg Avenue and West Sixth Street. The lot owned by Mr. Gregory is 25 feet by 192.5 feet and is located in a I -1B Light.Industrial Zoning District, Mr. Gregory wanted to erect a small building on a small lot. The proposed building would be 5 feet from Gregg Avenue instead of the 25 feet required, 20 feet from West Sixth Street instead of the required 25 feet and against the east property line rather • than the 15 feet required by Ordinance No. 1239. Mr. Gregory explained that when he gave enough land to make Gregg Avenue 60 feet wide, he was left with a 25 by 192.5 foot lot east of Gregg Avenue. West of this lot is Gregg Avenue and east of the lot is the Cities Service. Mr. Gregory told the Board members that he did not want any parking in the front of the building was the reason he requested to build.within 20 feet of the front yard line; however if necessary he would comply with the 25 foot setback requirement. There would be enough room in the rear of the lot to park cars. Mr. Gregory pointed out that he was building the build- ing for an electrical contractor who has 3 or 4 trucks. The entrance of the building would be off West Sixth Street. As far as the public is concerned not much parking would be needed. Mr. Gregory said that the rear parking area would have's fence com- pletely around it. Both Harold E. Lieberenz, City Building Inspector, and J. K. Gregory reported that they had received no objections or comments on Mr. Gregory's application. There was no further discussion, and the applicant was dismissed. The second applicant to appear before the Board of Adjustment was Mir. Paul Marinoni, Jr. The variation requested by Mr. Marinoni to the zoning ordinance was for the use of the property located at 616 Regan Street. This property is located in a R-4 Multi- family Residential and Dormitory District. Harold E. Lieberenz explained the problem to the Board. The applicant owns a piece . of property on the northwest corner of the intersection of Gregg Avenue and Regan Street. This property has two duplex dwellings and one single family dwelling on it. The applicant is requesting permission to convert a residential garage on the rear of the property into a single family dwelling. Should this garage be converted there 78-2 would be more dwellings located on the property than permitted by the city zoning ordinance. Also a dwelling would be created on the rear of the property without having the required lot frontage on a street. . George Bowen was very concerned about the parking problem in the area. Mr. Marinoni said that the students presently did park on the street, but there would be sufficient room to park on the lot. There is an existing drive off Regan Street and a 20 by 20 foot area which could be provided for parking. Also an exit could be made of Gregg Avenue. In reply to a question from a Board member, Mr. Marinoni said five families were living on the lot. He said that the garage was not in use and had not been for quite a while; however it was accessible. The City Inspector presented a letter received from J. L. Fitzgerald. In the letter Mr. Fitzgerald stated his opinion: He felt that the variance should not granted as there were already too many buildings on the lot and too many families living on the property, a fire hazard would be created. There was no further discussion, and the applicant was dismissed. The third application was that of Mrs. Ruth Gilbert. The variation requested by the property owner to the zoning ordinance was for the use of property located on Highway 71 North. This property is located in a C-2 Thoroughfare Commercial Zoning District. Harold E. Lieberenz pointed out that house trailers are not permitted on individual lots in the C-2 zone; however the ordinance does permit trailer • courts in the C-2 zone. The applicant has placed a house trailer on a foun& ation near the rear of her existing dwelling. She plans to build a breeze- way to connect the two structures. The variance is being requested because the applicant feels that the trailer house would not be a separate building. Mrs. Gilbert told the Board members that she needed more room As her existing residence was only one large room. She said she had considered building onto the house, but due to the condition of the existing house, it would not be economically feasible. She purchased a trailer house, moved it onto the lot and put the trailer on a foundation. Mrs. Gilbert remarked that even though her neighbors were between 400 and 500 feet away, she had planned to conceal the trailer house as much as possible with shrubbery, etc. Mrs. Gilbert said she did not plan to live at this location for more than 5 or b years and when she moved, she planned to take the trailer with her. Harold E. Lieberenz reported he had received no calls or comments after he had posted the sign stating what Mrs. Gilbert planned to do. The applicant was dismissed as there were no further questions. The fourth applicant to appear before the Board of Adjustment was 0. L. Dailey, who was acting in behalf of the Church of Christ. The variation requested by Mr. Dailey to the zoning ordinance was for the use of the property located at the end of Combs Avenue. This property is located in a R-3 Multi -family Residential Zoning District. The applicant requests permission to use the above-described property for • church use, and the zoning ordinance requires clearance from the Board of Adjustment for church use in this zoning district. 79-2 Mr. Dailey said this lot was 310 by 320 feet; there would be ample space for parking. At the present the existing building would be used and in the future this building • would be remodeled. Mr. Dailey said the church was merely leasing the property with an option to purchase it at the end of the lease. There was no further discussion, and the applicant was dismissed. The last applicant to appear before the Board was J. F. Robinson. Mr. Warren Segraves, architect, was also present. The variation requested by Mr. Robinson tothe zoning ordinance was for the use of the property located on the southwest corner of the intersection of East Maple Street and Sequoyah Drive and is known as lots 1, 2 and 3 of East Mountain Addition to the City of Fayetteville, Arkansas, and the east 25 feet of Read Avenue closed by Ordinance No. 1053. Harold E. Lieberenz reported that Mr. Robinson wanted to erect on the above lot a new residence which would be closer to East Maple Street than 15 feet which is required by the city zoning ordinance. East Maple Street is not opened and improved. Mr. Robinson said that when he purchased the lot the architect and he agreed that most of the useable land was to the north. Mr. Robinson mentioned that he had considered closing Maple Street, but he thought his neighbors might object. Harold Lieberenz told the Board members that another party had brought the same pro- perty in question before the Board of Adjustment and had requested a similar variance. The topography presented quite a problem. The applica.tion of the party was approved by the Board on July 30, 1954; however the party never built the new residence. 40 There was no further discussion, and the applicant was dismissed. Paul Marinoni, Jr., appeared before the Board again to emphasize several points which he felt the Board members might have misunderstood. After a lengthy discussion of points briefly mentioned earlier in the meeting, the applicant was dismissed. Due to the building problem created by the topography, George Bowen moved that the Board of Adjustment grant the variance requested by J. F. Robinson. The motion was seconded by J. A. Pennington and passed unanimously. (J. F. Robinson sustained from voting.) J. F. Robinson moved that the Board of Adjustment approve the application of the Church of Christ. The motion was seconded by George Bowen and carried unanimously. The Board members felt there were a sufficient amount of land for a church use and plenty of parking area. James Pennington moved that the Board of Adjustment grant J. K. Gregory's request for a variance from the zoning ordinance with the exception that the front yard setback as setout in the zoning ordinance be maintained and the building be setback 25 feet. The motion was seconded by J. F. Robinson and carried unanimously. After a lengthy discussion, J. F. Robinson moved that the Board of Adjustment grant the variance requested by Mrs. Ruth Gilbert provided that the trailer house is put on a foundation, the trailer house is attached to the existing dwelling, and that • some measure is taken to screen or conceal the trailer. The motion was seconded by George Bowen and passed unanimously. Since the lot on the corner of Regan Street and Gregg Avenue already has two duplex MOM dwellings and a single family residence upon it, as well as a two car garage, James Pennington moved that the variance requested by Paul Marinoni, Jr., be denied. The motion was seconded by George Bowen and carried unanimously. • There was no further business, so the meeting was adjourned. Respectfully submitted, 0 0