HomeMy WebLinkAbout1964-04-24 Minutes131-2
BOARD OF ADJUSTMENT MINUTES
• The Fayetteville Board of Adjustment met in regular session at 3:30 p.m. on Friday,
April 24, 1964, in the City Council Room in the City Administration Building.
Members present: J. F. Robinson, J. I. Smith, James T. Kerlin and J. A. Pennington.
Also present at the meeting: T. E. Shelton; Bert Whitely; W. A. Lewis; John Moss;
Robert Curtis; Virginia Riner; George Faucette; M. 0. Rasberry; Larry Carter; Barton
Schulz; W. B. Putman; Norman E. Deskin; C. A. Morris; Forest Nail; Fred Balley;
Reverend Terrel Gordon; Clifford Ward; Thomas Comley; Kenneth Crockrom; Harold E.
Lieberenz, City Inspector; and Glenn Nelson.
Members absent: George Bowen.
The meeting was called to order by Chairman J. I. Smith. Mr. Smith asked that the
applications be presented,
The first application considered by tte Board of Adjustment was that of W. A. Lewis
and M. F. Lewis. Mr. W. A. Lewis and T. E. Shelton, architect, and Bert Whitely were
present.
Harold Lieberenz explained that the applicants requested a building permit to erect a
new office and business building on the property located on the northwest corner of
the intersection of Davidson Street and North College Avenue. The property is located
in a C-2 Thoroughfare Commercial Zone. The proposed building canopy overhang would be
closer to Davidson Street and College Avenue than permitted by Zoning Ordinance No.
1239; therefore a variation is being requested by Mr. M. F. Lewis and Mr. W. A. Lewis.
Drawings showing the perspective and setbacks of the office building were presented
to the Board. The zoning ordinance requires a 40 foot setback in front on College
Avenue (East side) from the roof overhang to the property line and a 10 foot setback
on the south side yard (Davidson Street) from the roof overhang to the property line.
The proposed building wall lines on both North College Avenue and Davidson Street
on the ground level would setback 40 feet and 10 feet respectively. On the second
level the building wall lines would be 321 feet from the North College Avenue property
line and 51 feet from the Davidson Street property line. There would be a 71 foot
overhang on Davidson Street and an 11 foot overhang on North College Avenue. The
roof overhangs would be only 21 feet from Davidson instead of the required 10 feet
and 29 feet from North College Avenue instead of 40 feet as required by the zoning
ordinance.
There are to be 31 spaces provided for off-street parking. This number is short 1
or 2 spaces according to the requirements of the zoning ordinance. It was mentioned
that the lot to the west had been purchased for parking purposes. There will be an
access to Davidson Street without having to go onto College Avenue. There will be
6 parking spaces in front of the building. These spaces will partially be covered
by the roof overhang.
The upper level of the building will be used for offices and the lower level can be
used for commercial purposes or offices. There was also a question as to whether or
not there would be a sidewalk on Davidson Street, Mr. Shelton said nothing had been
said, but he was of the opinion there would be one.
There being no further business, the applicant was dismissed.
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L•J. B. Putman, attorney, appeared before the Board to ask that the Board
reconsider their decision on the application of the Hudson Service Station •
at 1914 North College Avenue. Mr. Putman also had a question regarding
the date of appeal of the Board's decision. He said previous to this meeting
he had discussed the date of appeal question with Bass Trumbo, City Attorney,
and J. F. Robinson, attorney at law and member of the Board of Adjustment.
Mr. Putman did not know which date was to be used --30 days after the public
hearing or 30 days after approval of the minutes of the public hearing.
There was discussion had and the Board members said action would be taken
later.
Mr. M. 0. Rasberry from Helena, Arkansas, was the second applicant to appear
before the Board. Mr. Fasberryts architect, Barton Schulz, and Larry Carter
were also present.
The variation requested by Mr. Rasberry to the Zoning Ordinance was for the
use of the property located on the Southwest Corner of South Hill Avenue and
Putman Street. This property is located in a R-3 Multi -Family Residential
Zone.
Mr. Rasberry*s plans show that 3 buildings with 8 units per building, a court
yard and swimming pool were to be on the property. Because of the type of
construction and the arrangement of the door openings, the apartments may be
considered according to the zoning ordinance to front either on Hill Avenue
or Putman Street. Whichever street the apartments face, the setback in front
would have to be 25 feet and 15 feet from any side intersecting street. If
the buildings front or are made to believe to front (doors opening onto the
street) Hill Avenue the setback would be 25 feet. Mr. Rasberry and
Mr. Schulz stated that actually the rear doors opened onto both Putman
and Hill. The apartments faced the court yard.
A variance is requested on the porch like -projections of the columns which
extend 3 feet 8 inches onto the footage allowed for the setbacks. Parking
in the front yard is prohibited. Mr. Rasberry plans to provide 14 spaces
between the building and Putman Street. The lot area is approximately 960
square feet short of the square footage required by ordinance.
No roof overhangs were indicated on the drawings submitted by the architect.
Mr. Lieberenz questioned the size of the overhang. Mr. Schulz said the
overhang would be very slight—less than one foot.
NORMAN E. DESKIN, 131 South Hill Avenue, was concerned about the parking
situation. He mentioned that the property next to him has been sold for
apartment use. The streets are very narrow and more apartments will create
more of a parking problem. Hill Avenue supports a lot of parking from the
square and Parksdale Addition.
C. A. N,ORRSI, 721 Putman Street, said he lived across the alley from the
proposed apartment buildings. He wanted to know if the alley were going to
be black topped. No definite answer could be given to Mr. Morris.
FRED BAILEY, 143 South Hill Avenue, told the Board he felt the same as
Mr. Deskin on the parking. Mr. Balley was of the opinion that the problem
already in exibtence should not be increased.
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F. B. NAIL, 95 South Hill Avenue, also was of the opinion that the streets
• were much too narrow and parking was a problem.
Before the applicant and interested parties were dismissed, the architect pointed
out the problems of designing with so many setbacks to consider.
Mrs. Virginia Roberts Riner at 886 Fritz Drive appeared before the Board of
Adjustment to request a variation to Zoning Ordinance No. 1239 for the use of
property located at 886 Fritz Drive. This property is located in a RrlB Single
Family Residential Zone. Harold Lieberenz explained the problem. The applicant
wanted to extablish a telephone answering sensiice in her home.
Mrs. Hiner told the members that the switch board will be set up in a garage. There
will be no additional construction necessary because the garage is already enclosed.
If the business proved to be successful, she said she would employ one person to
work an eight hour shift from 11:00 p.m. to 7:00 a.m. The family would help the rest
of the time. There would never be more than one extra car in the parking area.
The neighbors, according to Mrs. Riner, had no objections. She has asked several
neighbors about the answering service. Mrs. Hiner explained to the Board that she
had talked to several people in regard to the answering service and had signed no
agreement until she would be sure she would be permitted .to operate the service.
No signs were planned, nor would to Mrs. Riner+s knowledge would there be any visible
telephone equipment. She did nention that she might want to put a door into the
garage from the house in the future.
• There was no further discussion on the application; therefore Mrs. Riner was dismissed.
The last application to be considered by the Board of -Adjustment was that of
Reverend Terrel Gordon, acting in behalf of the Immanuel Baptist Church. The variation
requested by Reverend Gordon was for the use of the property located on the southwest
corner (church building location) and the northwest corner (another lot owned by the
church) of Duncan Avenue and Stone Street. This property is located in a R-3 Zone.
Reverend Terrel Gordon, Clifford Ward and Glenn Nelson appeared before the Board to
request permission to build 2 additions onto the existing church. The addition would
be.90 feet by 54 feet and will be used for an auditorium. The south wing shown on the
drawing will be torn down.
The building inspector explained that the ordinance required a public hearing and
approval from the Board of Adjustment before a building permit could be issued on church
use in this R-3 zone. The lot area is less than required by ordinance and the setbacks
are less than those required by ordinance. There also are not enough parking spaces
on the lot.
The church representative said that the 150 -foot by 160 -foot lot to the north and
across the street was being made ready for parking. When asked about the type of
construction, a church representative said it would be open beam with brick.
The people to the south and west have no objections. The adjoining property owners
infact like this idea better than the churchTs proposal in the application of
. February 1, 1963. The Board approved the application of February 1; however the church
did not proceed with the proposal.
There was further discussion of the February 1 application before the applicant was
dismissed.
134-2
Thomas Comley and his architect briefly explained and showed plans of
their proposal on apartment units between Garland Avenue and Leverett .
Avenue north of North Oakland Avenue. The hearing on their application was
set to be Friday, May 1, 1964, at 4:00 p.m.
In regard to Mr. W. Be Putman's request that reconsideration be given to
the application of the National Aluminum Distributors Company, representing
Hudson Service Station at 1914 North College Avenue, J. F. Robinson moved
that the Board of Adjustment reconsider the request after time had been given
to study the problem more thoroughly. The motion was seconded by James Kerlin
and passed unanimously.
On motion by J. F. Robinson, seconded by J. A. Pennington, the Board un-
animously approved Virginia Rinerfs request to install at 886 Fritz Drive
a telephone answering service in her residential garage.
J. F. Robinson moved that the Board of Adjustment waive the requirements of
Zoning Ordinance No. 1239 and approve the application of M. F. Lewis and W. A.
Lewis as presented. The motion was seconded by J. A. Pennington and passed
unanimously.
After discussion J. F. Robinson moved that action on the application of M. 0.
Rasberry be deferred until further study could be given. The motion was
seconded by James Kerlin and passed unanimously.
On motion by J. I. Smith, seconded by J. A. Pennington, the Board of \
Adjustment voted to defer action on the application of Reverend Terrel
Gordon who acted in behalf of the Immanuel Baptist Church. / •
There being no further business, the meeting was adjourned.
Respectfully submitted,
Date:
Approved by the Board of Adjustment
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