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HomeMy WebLinkAbout1963-04-12 Minutes• 95-2 BOARD OF ADJUSTMENT MINUTES The Board of Adjustment met on Friday, April 12, 1963, at 3:30 p.me in the City Council I Room in the City Administration Building. Present: J. A. Pennington, T. M. Schiewetz and J. F. Robinson. Others present were Mary R. Branham, Mr. and Mrs. E. A. Hobbs and Charles R. Hood, applicants; and the following interested parties: Mrs. Lenora Madden, Mrs. Otto G. Page and Mrs. Q. F. Baugus. Absent: J. I. Smith and George Bowen. The hearing was called to order by T. M. Schiewetz who was acting as chairman in the absence of J. I. Smith. The minutes of the last meeting, March 22, 1963, were approved as written and mailed to the members prior to this meeting. Mr. Schiewetz asked the building inspector to present and explain the problems to be considered at this hearing. Harold Lieberenz, Building Inspector, 'explained the problems involved in the application of Mary R. Branham who was acting in behalf of the Northside Assemblies of God Church. The variation requested was for the use of property located at 1112 Hughes Street. This property is in a R-2 Two Family Residential Zone and is more particularly des- cribed as the south half of lot 2 and all of lots 3 and 4 in Block 3 in Rose Hill Addition to the City of Fayetteville, Arkansas. Permission to build an addition upon the church property has been requested by the applicant. Not only willthe church use have to be approved, but also variances of the 40 front (Hughes Street), side (west), side (east) setbacks; off-street parking; and lot area would have to be approved by the Board before a permit could be issued. Mary Branham told the Board members that additional parking spaces would be provided and the alley.on the west side of the church property would be opened as far as the north church property line. Mr. Lieberenz interjected the fact that the parking spaces as shown on the sketch mailed to the Board members were larger than those re- quired by the zoning ordinance; therefore there would actually be more parking spaces than shown. Miss Branham remarked that parking in front of the church was desired but was prohibited in the zoning regulations. She said she and the church members realized that their property was much too small but additional property could not be acquired. She told the Board that she had checked several pieces of land north of Fayetteville on Mt. Comfort Road and Garland Avenue; however no agreement could be made. Miss Branham said that she planned to continue to look for more land even if the new addition were built. A member of the Board asked why the new addition could not be more centrally located upon the lot. Mary Branham replied that the existing church building would eventually be torn down; nevertheless it would have to be used until the new structure was com- pleted. There was no further discussion, and the applicant was dismissed. The next application was that of Charles R. Hood who requested a variation from the . zoning ordinance for the use of property located at 845 Rush Drive. This property is more particularly described as lot 4 of Block A in Revised Plat of YAple Park 96-2 Addition to the City of Fayetteville, Arkansas, and is located in a R -1B Single Family Residential Zone. The City Inspector told the members of the Board that Mr. Hood requested • permission to erect a carport on the rear of his house. The proposed con- struction would be approximately six (6) inches from the north (side) property line instead of the required 5 feet and will be approximately 20 feet from the rear (west) property line instead of the required 30 feet. Mr. Hood said that an area in the back of the carport would be provided for storage space, and a patio would be constructed south of the carport. He said that the patio would help with the water drainage. Mr. Hood stated that his neighbor to the north, Mr. George Watson, had no objections to the carport being erected so close to the north property line. Although Mr. Watson had not signed any statement to the affect, he would be willing to let his approval be known. Harold Lieberenz reported that he had received no calls regarding this application. Mr. and Mrs. E. A. Hobbs appeared before the Board to request a variation from the zoning ordinance for the use of property located at 319 South College Avenue in a R-3 Multi -family Residential Zone. This property is more particularly described as the north 75 feet of lots 8, 9 and 10 of Block 2 of the Jennings Addition to the City of'Fayetteville, Arkansas. The applicants requested permission to convert part of their residence into • a sales outlet for imported brass goods. Mr. Lieberenz informed the Board that Mr. and Mrs. Hobbs' son was in the armed services in Korea and he had planned to send brass novelities to his parents. The Hobbs would like to operate such a sales outlet to supplement their income. Mr. Lieberenz went on and explained that the zoning ordinance was not too clear on this type of sales operation and he questioned the legality of it. Mr. and Mrs. Hobbs briefly explained their plans of their proposed business. As far as parking was concerned, there is, -.an area in the back large enough for 4 or 5 cars. Mrs. V. F. Baugus, property owner who lives close to the Hobbs, said she objected to the proposed operation. She said that the street was much too narrow for a great deal of traffic and the school also should be considered. The parking was a problem at the present and would only be increased if the Hobbs were permitted to operate their proposed home occupation. Mrs. Baugus at first had misunderstood the intention of the applicants; she thought the property was to be rezoned. The City Inspector cleared up Mrs. Baugus' mis- understanding. Mrs. Lenora Maddan, who is the Hobbs closest neighbor, and Mrs. Otto G. Page said they were in favor of the proposal. They also said that Duddley Smith and another party, who had to leave before the meeting commenced, had no objections. There were no further questions, and the applicants and interested parties • were dismissed. 97-2 Mr. J. F. Robinson moved that the Board of Adjustment not grant the permission requested IDby applicants Mr. and Mrs. E. A. Hobbs, but reaffirm the building inspectorts decision. The motion was seconded by J. A. Pennington and passed unanimously. The Board was of the unanimous opinion that the proposed sales outlet operation of Mr. and Airs. E. A. Hobbs was not a home occupation type use. Mr. J. A. Pennington moved that the Board of Adjustment deny the variance requested by Charles R. Hood. The motion was seconded by Mr. J. F. Robinson. The Board felt that the structure was being erected much too close to the property (side) line. Mr. J. F. Robinson moved that the Board of Adjustment not approve the variance requested by Mary R. Branham in behalf of the Northside Assemblies of God Church as the lot upon which a new building was to be erected was not sufficient for church use. The motion was seconded by Mr. J. A. Pennington and passed unanimously. The meeting was adjourned. Respectfully submitted,