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HomeMy WebLinkAbout1963-01-04 MinutesE 81-2 BOARD OF ADJUSTMENT MINUTES The Board of Adjustment met on Friday, January 49 1963, in the City Council Room in the City Administration Building. Members present: J. I. Smith, J. F. Robinson and George Bowen. Members absent: T. M. Schiewetz and J. A. Pennington. Applicants and others present: John Flynn; Dr. George V. Harris; Wilbur Watson, re- presenting Washington County Farm Bureau; Mayor Guy E. Brown, representing Eleanor Quinn; and John C. Moss, all the foregoing being applicants. The following interested persons were present: Paul Marinoni, ft; Paul Marinoni, Jr.; Sterling Pitts; Oscar Williams, attorney, and his client, Virginia Wardrip; Ralph Shreve, surveyor; John A. Lavallard; James E. Pomfret; Ray Trammell and another party whose name was not given; and Harold Lieberenz, City Inspector. The meeting was called to order by Chairman J. I. Smith. The minutes of December 14, 1963, were approved as written and mailed to the members prior to the meeting. The first applicant to appear before the Board was John Flynn. The variation requested by Mr. Flynn to the zoning ordinance was for the use of property located at 202 West Lafayette Street. This property is located in a R-4 Multi -family Residential and Dormitory Zone. • Harold Lieberenz, City Inspector, explained to the Board that Mr. Flynn wanted to erect a residential garage on the back part of his lot. He has built rock walls and has started the garage foundation already. Due to the existing foundation being located so close to a disputed side (west) property line, Mr. Lieberenz felt that he could not issue a building permit. The proposed building would be approximately 5 feet and 6 inches from where Mr. Flynn believes his property line is located; however it would be only inches away from where Mr. Flynn's neighbor believes his property line is located. J. I. Smith asked Mr. Lieberenz how this application could be handled by the Board if the property line location is not known. Mr. Lieberenz stated that the Board could not settle the dispute over the property line location; nevertheless the Board could rule on whether or not Mr. Flynn could erect the garage in the proposed location regardless of the property line location. Mr. Flynn told the Board that he planned to build his garage in the northwest corner of his property. Mr. Flynn said his property had been surveyed several times, and he felt sure he knew where his property lines were located. Mr. Oscar Williams, attorney representing Virginia Wardrip, protested to John Flynn's proposed building location. Ms. Williams said his client owned property north of John Flynn's property line. The attorney remarked that Ralph Shreve, who was present, had surveyed the Wardrip property. A survey plot prepared by Mr. Shreve was shown to the Board members. Virginia Wardrip told the Board that if Mr. Flynn built his garage where he planned, the roof of the garage would drain water on her property. She objected to any variance . of the ordinance. There was no additional information which would be beneficial to be given; therefore the l applicant was dismissed. 82-2 The next application was that of the Washington County Farm Bureau. Mr. Wil- bur Watson, Mr. Paul Marinoni, Sr., Nr. Paul Marinoni, Jr. and Mr. Sterling Pitts were present in behalf of the Washington County Farm Bureau. • The variation requested was for the use of property located on the northwest corner of the intersection of South School Avenue (Highway 71 South) and West Sixth Street (Highway 62 West). Mr. Wilbur Watson, acting in behalf of the Farm Bureau, appeared before the Board to request permission to tear down the existing frame and masonry building and erect a new masonry building on the lot. The proposed building would be adjacent to the north property line instead of the required 10 feet; 7 1/2 feet from School Avenue instead of the required 10 feet; and approximately 5 1/2 feet from West Sixth Street instead of the required 15 feet. There would be ample parking on the west end of this lot. George Bowen asked why the proposed building had to be so large. Mr. Watson said that the building is to be used for an office building. The building needs to come as close to West Sixth Street as possible inorder to provide ample parking space at the west end of the building. Ms. Watson pointed out that the actual building wall would be farther away from either street as there was a 2 1/2 foot overhang on the building. Mr. Wilbur Watson stated that the owner of Bill's Fix -It Shop had no objections to the proposed building. There would be more clearance at the intersection with the new building than with the existing service station building. Mr. Watson, in answer to a question, said the proposed new office building would be setback far- ther than the Campbell Soup building to the west of this location. The Campbell Soup building is flush with the sidewalk. J. I. Smith asked the City Inspector if there were any plans for future street • widening of either South School Avenue or West Sixth Street. The City Inspector replied that no plans had been made. There was no further discussion; therefore the applicant was dismissed. The third application was that of Dr. George V. Harris. The variation requested by Doctor Harris to the zoning ordinance was for the use of the property located at 542 Gunter Street. This property is located in a R -1B Single Family Residential Zone. The applicant requested permission to locate his office in a residential district. Under the zoning ordinance a Home Occupation would be permitted in this zoning district if approved by the Board of Adjustment and provided the owner lives in the house and certain other requirements are met. The applicant would not live in the building in which he plans to locate his office. Mr. Lieberenz stated that in his opinion this is not permitted by the zoning ordinance; thus Dr. George Harris requestaian appeal from the City Inspector's decision of refusing a permit for the location of the doctor's office in this location. Harold Lieberenz, City Inspector, read Doctor Harris' letter to the Board of Adjustment. The letter explained Doctor Harris' plans. Doctor Harris, who was present, told the Board that his home was too small in which to establish his office. He said he worked only part time as he had retired. • J. I. Smith asked if the City Inspector had received any objections to Doctor Harris' proposal. Mr. Lieberenz replied no objections had been stated. J. I. Smith dismissed the applicant. 83-2 The next application to be considered by the Board of.Adjustment was that of John C. Noss. The variation requested by Mr. Moss to the zoning ordinance was for the • use of property located on the southwest corner of West Center Street and Hill Avenue. The applicant requested permission to erect a new apartment building which would be closer to the 25 -foot alley on the west property line than the 5 feet required by the zoning ordinance. The building would have outside stairs on the front which would project out about 10 feet in front of the building wall. These steps would be closer to the front property line than 25 feet. Mr. Moss told the Board that the reason he planned to set his proposed building as he had indicated was because of a spring on the west side of the lot. Mr. Moss said that he planned to construct a drive on the south side of his property. This drive would serve the parking area behind his proposed building as well as serve the property to the south. Mr. Moss pointed out that the existing 25 -foot alley is very steep and although he planned to build close to this alley, the alley would be accessible. Mr. Moss said that the alley was presently used as a drive way, and also there is a sewer line in the alley. Mr. John A. Lavallard was interested in the building plans of Mr. John Moss. Mr. Lavallard felt that the proposed building was much closer to the street than exist- ing buildings in the area. The City Inspector checked the maps in the City Engineerts office. According to the craps, the existing buildings on the west side of Hill Avenue are setback about 15 feet from the street. The property owner to the north was present to state his objections to apartments being built in the area. He requested that no variance be given. 0 There was no further discussion, and the applicant was dismissed. The last application was that of Miss Eleanor Quinn. The variation requested by Miss Quinn to the zoning ordinance was for the use of property located north of 607 North Sequoyah Drive. This property is located in the R-lA Single Fairily Residential Zone. Harold Lieberenz explained to the Board that the applicant owns two lots which are platted as running north and south. Miss Quinn woulc} like to split these lots so that they would run east and west with a 75 foot street frontage on North Sequoyah Drive. The proposed lots would have only 7,500 square feet; whereas the zoning ordinance requires 10,000 square feet. Mayor Guy E. Brown appeared before the Board in behalf of Miss Quinn. Mayor Brown told the Board members that Miss Quinn wanted to sell the north half of her property for income purposes. A residence would be erected on the Borth lot. Fir. Ray Tranmell appeared in behalf of the University of Arkansas. Mr. Trammell said that the University of Arkansas owns all of Block 1 south .of Miss Quinn's property. Mr. Trammell felt that Miss Quinn's income would be secured at the price of other property owners. Mr. James E. Pomfret, also representing the University of Arkansas, said that the request of Miss Eleanor Quinn was out of line. He felt that her request should be denied. 40 There was no further discussion, and the applicant and interested parties were dismissed. 84-2 After a lengthy discussion of Dr. George Harris' application, J. F. Robinson moved that the City Inspector's ruling be affirmed. The motion, seconded by George Bowen, carried unanimously. • Under the zoning ordinance Mr. John Flynn is entitled to building within 5 feet of the rear and side property lines; therefore George Bowen moved that the Board of Adjustment recommend to the City Inspector that a permit be issued to Mr. Flynn provided that the requirements of the zoning ordinance are met. The motion was seconded by J. F. Robinson and passed unanimously. J. I. Smith moved that the Board of Adjustment defer action on the application of the Washington County Farm Bureau until the City Inspector checks with the Farm Bureau representative, Wilbur Watson, to see if additional property to the north had been checked to determine if the property could be purchased. The motion was seconded by George Bowen and carried unanimously. George Bowen moved that the Board of Adjustment deny the application of Miss Eleanor Quinn as her proposal would create two extremely small lots. The motion was seconded by J. F. Robinson and carried unanimously. George Bowen moved that the Board of Adjustment grant the application of John C. Moss. The motion, seconded by J. F. Robinson, passed unanimously. The meeting was adjourned. Date Approved by the Board Respectfully submitted, Secretary I January 4, 1963 • John Flynn (202 West Lafayette - Approved) Si -2 Dr. George V. Harris (542 Gunter - Disapproved) ...................... g-2 Wilbur Watson (Farm Bureau - West Sixth Street - Deferred) ........... g2_2 Eleanor Quinn (607 North Sequoyah Drive - Disapproved) ............... gg_e,� John C. Moss (Center & Hill - Approved) $3_p January 15, 1963 Wilbur Watson (Farm Bureau - West Sixth Street - Approved) ........... gg_2 February 1, 1963 Joe Garrison (West Ash Street Approved) 8h -q Reverend Terrel Gordon (Duncan & Stone - Approved) ................... g 7-,� Flossie Thurman (222 Mill Avenue - Disapproved) 88-`� March 8, 1963 F. F. Nonnamaker (Nonnamaker Drive - Approved) ....................... qj_2 March 22, 1963 Thomas Comley (Sycamore & Oakland - Approved) ........................ q g-� April 12, 1963 . Mary R. Branham (1112 Hughes Street - Disapproved) 0000&04000000006000 q 5-2 E. A. Hobbs (319 South College - Disapproved) q6_2 Charles R. Hodd (845 Rush Drive - Disapproved) 15-2 April 26, 1963 0. V. McCullah (48 E. South - Approved) q9-2 Adlai F. Arnold (535 Wilson Avenue - Disapproved) 08000000000000000000 qq-2 Robert D. Hay (740 Huntsville - Approved) ............................ 100-2 June 28, 1963 Reverend C. R. Morton (Seventh Day Adventist Church - 25 East South Street - Approved) ... July 12, 1963 Perry Taylor (619 North Oakland - Approved) .......................... 103- 2 Wilbur Watson (Farm Bureau - West Sixth Street - Approved) ........... loM-2 August 23, 1963 Ellis Burgin (225 North Block Avenue - Approved) 107-V J. A. Boman (Shrewsbury Lane`- Approved) X07-2 August 30, 1963 Mane York (107 North Block Avenue - Approved) ...................... coq -2 90 I September 13, 1963 • Mr. Clarence W. Tune (N. Leverett Ave.) . . 113-2 September 27, 1963 Bass Trumbo (Summit Ave. and Fletcher Ave.) 115-2 Mr. Russell Carter (1305 Mt. Comfort Rd.) 117-2 Mr. W.H. Tennant for Beulah E. Schafer (113 East Davidson) 119-2 October 25, 1963 Judy $ Merna Robertson (124 S. Duncan Ave.) 123-2 Suzanne Lighton (424 North Willow Ave.) 123-2 December 13, 1963 J.E. McClelland (1206 North Vandeventer Ave.) 125-2 Mrs. W.S. Clark (behind 508 $ 510 South Duncan Ave.) 126-2 March 27, 1964 Mr. Joe P. Clark (1305 North Leverett Ave.) 127-2 National Aluminum Distributors Co. by L.R. Bolch (1914 N. College Ave.) 128-2 Clarence Tune (North Leverett Ave.) 129-2 April 24, 1964 • W.A. Lewis.& M.F. Lewis (to erect a new office $ Business bldg.) 131-2 Hudson Service Station by W.B. Putman (1914 North College Ave.) 132-2 Mr. M.O. Rasberry (Prop. on the SW corner of S. Hill & Putman St.) 132-2 Reverend Terrel Gordon (SW corner $ the NW corner of Duncan $ Stone) 133-2 May 1, 1964 Thomas Comley (NE corner of Melmar Dr. $ N. Garland Ave.) 137-2 May 8, 1964 Judy Robertson 139-2 Mr. John P. Reed of Luper $ Reed Auto Service 140-2 May 29, 1964 J.W. Eoff (lot 19 of Clay Yoe's Subdivision) 141-2 Mr. W. R. Tester for Southwestern Bell Telephone Co. 141-2 July 16, 1964 Mr. I.S. Fitzgerald for Continental Oil Company (433 N. College Ave.) 143-2 Mr. Glenn Nelson (1730 North Oakland Ave.) 143-2 Mrs. W.S. Clark (338 South Duncan Ave.) 143-2 • July 24, 1964 Mr. I.S. Fitzgerald (Conoco Servcie Station at 433 N. College) 145-2