HomeMy WebLinkAbout1963-09-27 Minutes•
115-2
BOARD OF ADJUSTMENT MINUTES
The Board of Adjustment met in the City Council Chambers in*the City Administration
Building on Friday, September 27, 1963, at 4:00 p.m.
Present: T. M. Schiewetz, J. F. Robinson and James A. Pennington, all being Board of
Adjustment members. Applicants Pass Trumbo, Russell Carter and W. H. Tennant were
present. Also at the meeting were Joe Smith, Warren Segraves, Paul S. Eddy, A. W.
Polley and a couple of other persons interested in the meeting. Harold E. Lieberenz,
City Building Inspector, was present.
Absent: Board of Adjustment members J. I. Smith and George Bowen.
f
Thomas Schiewetz acted as chairman in the absence of Chairman J. I. Smith, Mr. T. M.
Schiewetz called the meeting to order and asked Harold E. Lieberenz, City Building
Inspector, to present the applications.
The first application donsidered by the Board was that of Mfr. Bass Trumbo. Harold
Lieberenz said that the variation requested by said applicant is for the use of property
located on Summit Avenue and Fletcher Avenue. This property is more particularly
"described as lot 3, lot 2 and the south 25 feet of lot 1 of Block 5 of Harrison's
Addition to the City of Fayetteville, Arkansas.
Mr. Lieberenz said that the lots in question face both Summit Avenue and Fletcher
Avenue. There have been two duplex residences erected on the property. These duplexes
face Fletcher Avenue. Mr. Trumbo and Mr. Joe Smith, who was at the meeting, wish to
erect two new duplex residences on the property. The two new duplexes would face
Summit Avenue.
Mr. Lieberenz explained that he could not issue building permits to Mr. Trumbo and
Mir. Smith because of the shortage of lot area and the shortage of rear yard setback.
The applicant, therefore, appealed to the Board of Adjustment for a variance from the
city zoning ordinance. For the Board's information Mr. Lieberenz clarified the figures
shown on the drawings mailed to the Board members. The size of the piece of property
in question.is.175 feet by 145 feet and the area between the existing duplexes and the
proposed duplexes is approximately 36 feet.
Mr. Schiewetz called to the attention of the Board members a letter (dated September 23,
1963) from Mr. and Mrs. Warren Segraves in which the Segraves stated their objections
to the request for a variance from the zoning ordinance; and a petition (dated
September 25, 1963) was also noted. The petition was signed by 20 persons who requested
that the variances to Ordinance No. 1239 for property facing Summit Avenue south of
Dickson Street as requested by Bass Trumbo be denied. The petitioners stated their
reasons for objecting (see petition on file in the city inspector's office).
Mr. Bass Trumbo made several remarks in regard to the request he made in the application.
Mr. Trumbo said that two units were already located upon the property. When these
two units were erected it was done in such a manner so more units could be constructed
at a later date. In Mr. Trumbo-'s opinion there would be sufficient room for two more
duplexes to be located upon the lot. Mr. Trumbo stated he could not foresee any other
mens of utilizing the real estate.
• The new duplexes, as Mr. Trumbo explained, would be on the same.level. The existing
duplexes are split level. Mr. Trumbo said that Summit Avenue has very few residences
which face 'on the street. Mr. Trumbo commented on the new homes in 'the area. He said
Q I'
of
ale ►c o
• � iYu,vrrv�� n.g c.ac�ra. e -r.. �e �z%�`t,c`f a�.e.
P
Y'14� 07 1
C�
J
•
s
•
117-2
ihat'mostvof the fine homes are on the hill top. IThe duplexes would .tie'tar enough
away to do no damage to the value of these new homes.
i
Mr. Robinson inquired about the number of families who live in the existing duplexes.
The applicant replied that two people per unit lived within the duplexes. According
�`. to the applicant, the same number would be in the proposed units.
It was pointed out that there is enough room for cars to come and go in the street.
The occupants park their cars in between the units. Parking will be provided in
between the proposed units or in the rear yards of the proposed duplexes.
Warren Segraves, owner of property to the east of the location of the proposed duplexes,
spoke against the applicant's request for variances to the zoning ordinance.
Ms. Segraves felt that the setbacks, lot area and other requirements as set out in
the zoning ordinance were provided for the purpose of permitting space for air,
privacy, etc. If the variances to decrease the lot area and rear yard setback were
granted, the lot would become very crowded. hire Segraves stated that he had no
ojbections to duplexes, but he stated that he was very concrened about the area becom-
ing too congested by close buildings.
Paul Eddy, who lives near Mr. Segraves on Oklahoma Way, felt that the duplexes would
'�"do nothing but deteriorate his property. He said he did not sympathize with the
I
pplicant as the lot was vacant when it was purchased. Also the existing duplexes had
'only recently been completed. Mr. Eddy stated that the zoning ordinance would permit
4 persons unrelated by blood or marriage to live in each unit. (ARTICLE II
DEFINITIONS 9. Family — Ordinance No. 1239) He strongly opposed this type of
occupancy.
A. W. Polley said he lived in the general neighborhood. Bir. Polley recently sold two
of the four lots he owns in the area. He said he planned to build onto his home but
+ could not do as planned because it would have been closer to his property line than
permitted by the zoning ordinance. He added that in his opinion duplexes do not add
anything of value to property.
Mr. Schiewetz asked the city building inspector if the lot would support three duplexes
without any variances being requested. Mr. Lieberenz said that he felt sure the pro-
perty could be divided so that three duplexes could be constructed without having to
request any variances from the zoning ordinance.
There was no further discussion. The Chairman thanked those present for their time
and interest. The applicant was dismissed.
The second applicant to appear before the Board was Mr. Russell Carter. Harold
Lieberenz explained the application. The variation requested by Mr. Carter to the
Zoning Ordinance is for the use of the property located at 1305 Nit. Comfort Road. The
property is more particularly described as the east 110 feet of lot 2. Block 3 in
Hendrix Addition to the City of Fayetteville, Arkansas, and is located in a R-lB
.Single Family Residential Zone.
The applicant owns a large lot with approximately a 120 foot street frontage and a
lot area of 17,000 square feet. Mr. Carter has an existing residence on the lot and
wishes to erect a second residence on the same lot.
1r.'Lieberenz said he could not issue a building permit because there is a lot frontage
of,120 feet but 140 foot lot frontage is required and there is on the 'west side a
n
u
0
September 25, 1963
We, the undersigned, reauest that the variances to Ordinance 1239
for the property facing Summit Street south of Dickson Street be
denied. There are at present two duplexes, which at normal capa-
city would house four families, already constructed on this pro-
perty. We feel that the construction of four additional units would
be undesirable because of crowded conditions and would cause the
surrounding properties to have less value. The surrounding proper-
ties are permanent dwellings of residents who have selected this
area for their homes. Adequate yard space has been provided by
each family, many of whom have children. The requested variances
of lot area requirements and rear yard requirements would not be
In keeping with existing conditions and could only serve to de-
teriorate the nature of the neighborhood.
QQ-�`-�-
? -� /, 4LOof
ft
U9-2
setback of 4.5 feet but 8 feet is required by the city zoning ordinance.
Mr. Carter said Mrs. Edith Bayless owns the property to the west. N,rs Bayless said
she had no objections to his plans to build a new house closer to his west property
line than permitted by the zoning ordinance. In reply to Mr. Schiewei?'s question,
Mr. Carter said a hedge separated the Bayless property and his property.
Mr. Pennington asked Mr. Carter if he had thought of building a detached garage and
setting the garage toward the back of the lot. Mr. Carter said he did not want to
move the garage.
There were no further questions; therefore the applicant was dismissed.
The last application to be considered was that of Mr. W. H. Tennant who was acting
in behalf of Beulah E. Schafer. Mr. Lieberenz reported that the variation requested
by Mr. W. H. Tennant to the zoning ordinance is for the use of the property located
at 113 East Davidson Street. This property is located in a R-2 Two Family Residential
Zone and is known as the west 60 feet of lot 9 of Davidson's First Addition to the
City of Fayetteville, Arkansas.
Mr. Lieberenz explained that the applicant has an existing garage which is badly in
need of repair. The proposed new garage would have masonry walls and would be located
on the east and south property lines instead of setback from the property lines the
5 feet required by the city zoning ordinance.
Mr. Tennant said there is a retaining wall on the east property line. It was put there
by his neighbors to level up their yard. To the north and east of his garage is a
garage which is built upon the property line. The garage belongs to his neighbors.
The Board members had no additional questions; the applicant was dismissed.
,88P1PH8W1L*
Mr. Robinson moved that the Board of Adjustment waive the requirements of Zoning
Ordinance No. 1239, passed and approved June 13, 1960, on rear yard and side yard
setbacks for accessory buildings. The motion was seconded by James Pennington and
passed unanimously. The Board felt that the existing situation would be improved as
the existing garage is of frame construction and the proposed new garage would be
of masonry consturction; an additional problem would not be created as there is already
a garage built on the property lines; Mr. Tennant could not enter the garage if it
were setback 5 feet from the side (east) property line because of the location of
the house. Mr. Tennant's application was approved.
James Pennington moved that the Board of Adjustment approve Mr. Russell Carter's
application provided that he conform to Zoning Ordinance No. 1239 requirements on tke
side (west) property line and setback 8 feet and the he keep his proposed new residence
10 feet from existing residential buildings or accessory buildings upon his property;
however that his request for a variance on lot frontage be granted and the requirement
of the zoning ordinance of a 70 foot street frontage be waived. The motion, being
seconded by J. F. Robinson, passed unanimously. The Board members felt that the shape
of the lot (the lot was extremely long) caused undue hardship. The lot had plenty
of lot area.
In regard to the application of Mr. Bass Trumbo, J. F. Robinson moved that the Board
40 of Adjustment deny to waive the requirements of Zoning Ordinance No. 1239 on lot area
rti01�
120-2
and rear yard setback because tke variance requested was too much. James
Pennington seconded the motion which carried unanimously.
There was discussion had on the approval of minutes of Board of Adjustment
meetings.
There being no further business, the meeting was adjourned.
Date:
04e-*tu*#V s /t
Approved by Board of Adjustment
Respectfully submitted,
0