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HomeMy WebLinkAbout1963-08-30 Minutes• 109-2 BOARD OF ADJUSTMENT MINUTES The Board of Adjustment met in the City Council Chambers in the City Administration Building on Friday, August 30, 1963, at 4:00 p.m. This was a special meeting. Members present: J. I. Smith, Chairman; T. M. Schiewetz; George Bowen; J. A. Pennington and J. F. Robinson. All members were present. Applicants and others present: Harold E. Lieberenz, City Building Inspector; Marjorie Maxine York, applicant; Tom Eads, applicant's builder; William Murphy, attorney for applicant; Warren Segraves, architect for Mrs. York; Charles W. Atkinson, attorney for protesting persons; and approximately 15 others who had varied interests in the application before the Board of Adjustment. Several persons who appeared are mentioned in the minutes. Chairman J. I. Smith called the meeting to order. There were no minutes to be approved; therefore the meeting got under way. Mr. Smith said that the variation requested by Maxine York to the Zoning Ordinance was for the use of the property located at 107 North Block Avenue. This location is known as "The Tap Room" and is located in a C-3 Central Commercial Zone. The applicant wants to tear down the existing frame building and build a new masonry building. The proposed building would not have the required "off-street" parking on the lot; however the applicant has requested that the Board of Adjustment consider the city parking lot on the corner of Meadow Street and East Avenue for part of this "off-street" parking. • Chairman Smith requested that any remarks made be only to cite the facts and that any personal grievances not be introduced. The meeting began. Attorney Bill Murphy submitted drawings to the Board. The drawings showed the Parking lots within 400 feet of 107 North Block Avenue. Two city parking lots were closer than 400 feet: The one on the NW corner of East Avenue and Meadow Street and the one on the SE corner of Meadow Street and Church Avenue, Charles W. Atkinson, attorney for.persons.who objected to the applicant's request, filed with the Board a petition with the signatures of 24 persons. At the request of Mr. Murphy and with the consent of Mr. Atkinson, the meeting was adjourned for a short recess. The City Building Inspector had not arrived at the meeting and several questions had,to momefitar'ily remain unanswered. After a short recess, the meeting again was called to order. Harold Lieberenz read from Zoning Ordinance No. 1239 (Codified Copy) specific and general uses permitted in a C-3 zone. A liquor store was among these uses. To answer J. I. Smith's question about lot area, lot frontage, setbacks, etc., Mr. Lieberenz read those portions of the ordinance which applied. No rear yard, side or front setbacks are- required; there is not any lot area or street frontage requirement, but there is off street parking required. One 10' by 20' parking space is required for every 300 square feet of building area excluding storage area. Mr. Lieberenz pointed out that the ordinance had made a provision for those persons who cannot comply with the zoning ordinance's off-street parking requirements (ARTICLE IV GENERAL PROVISIONS Section 7 110ff-Street Parking Requirement" 3.) It was mentioned that seven (7) spaces would be needed. 110-2 T. M. Schiewetz asked if the area in the rear of the building were going to be used for parking. Warren Segraves said it could but only 2 cars . could park there. Mr. Segraves said that the space was and would probably be used as a service entrance. Scarbrough's lot on the corner of Spring Street and Block Avenue was also asked to be considered as an area for parking. No written agreement had been made with Mr. Scarbrough. With the discussion that followed, the Board members felt that the lot could only be considered as a vacant lot and not a parking lot. Charles Atkinson felt that the new "Tap Room" building,which as he pointed out, was designed to increase the business, would create a parking shortage. He reminded those present that several stores had left the square and vicinity because of the lack of parking facilities. Mr. Atkinson said that because similar cases had been granted (Fayetteville Building & Loan Association 9-17-62; Campbell -Bell, Inc., 12-29-61; and Blue Mill Cafe 6-9-61) was no reason to grant the petition being .considered. He said that the Board must proceed on the basis that all businesses must furnish off street parking. Mr. and Yrs. C. M. Swift and Ns. Roy Cory were present. They felt that the parking problem would be increased. Mr. Bob Bogart, who owns a business across the street from the Tap Room, was of the opinion that it was the type of business which the clients of Charles Atkinson found objectionable. He said that his landlord, W. C. Hodges, and others had not signed the petition. is Mr. L. L. Kemp, manager of Wards Ice Cream, said he had no objections to anything which would improve the block. Mr. Tommy Ogden was at the meeting. He had no remarks to make. There being no additional information which either the opponents or proponents wished to make known, the persons present were dismissed. After a short discussion, T. M. Schiewetz moved that the Board of Adjustment grant the variation as requested by Marjorie Maxine York from the requirements of the City Zoning Ordinance No. 1239 because of the undue hardship caused by the shape of the lot. The motion was seconded by J. F. Robinson and passed unanimously. There was no further business to be transacted; the meeting was adjourned. Respectfully submitted, Z40 r- -o _4= Date: Secretary ©,C&&hJ /, 19F&3 0 Approved by the Board of Adjustment •l To: The Board of Adjustment Fayetteville, Arkansas We the undersigned, owners of real property situated. • in the City of Fayetteville, Arkansas, located in the vicinity of The Tap Room, 107 North Block Street, in said city, L hereby protest the application of Maxine York for variation of the off-street parking provision of the zoning ordinances of said city to permit the construction of a building to be used as a beer parlor at said -address. Dated at Fayetteville, Arkansas, this �9t1 day of August, 1963. :0/moi//AI - N (/ / t