HomeMy WebLinkAbout1965-02-24 Minutes171-2
• BOARD OF ADJUSTMENT MINUTES
The Board of Adjustment met in the City Council Room of the City Administration
Building at 4:00 p.m., Wednesday, February 24, 1965.
Members present: John I. Smith, J. A. Pennington and J. F. Robinson.
Members absent: George Bowen and James T. Kerlin.
Others present: L. A. Smith, applicant; Jerry Sweetser, applicant; and 12
interested persons.
The meeting was called to order by Chairman John I. Smith. The Chairman requested
that the application of Jerry Sweetser be heard first.
Jerry Sweetser had appealed to the Board of Adjustment for permission to erect
six buildings --each building to consist of two effeciency dwelling units --upon
property located between Leverett Avenue and Bell Avenue. This property is more
particularly described as follows:
A part of the NEW of the SWC of Section 9, Township 16 North,
Range 30 West and being more particularly described as beginning
25 feet east and 225 feet north of the SW corner of said 40 acre
tract, and running thence east 124 feet to a line running north
and south, thence north 90 feet, thence west 124 feet, thence
• south 90 feet to the point of beginning, in the City of Fayetteville,
Arkansas, and 3.7 feet off the north side of Lot 3, all of Lot 4 and
42.5 feet off the south side of Lot 5 in Hopper's Addition to the
City of Fayetteville, Arkansas.
It was expalined to the Board that with the construction d a street to satisfy
the street frontage requirement of the ordinance,. -it would make the requirements
of the ordinance impracticable to apply to the six buildings. The proposal of
Mr. Sweetser would conform to the uses permitted in the R-3 Multi -Family
Residential District. The lot area is sufficient to meet the minimum require-
ments per family in the R-3 zone. Neither the height nor the coverage requirement
would be greater than that required by ordinance. Enough area is available for
the required off-street parking.
Mr. Sweetser told the Board members that he could build these structures by
connecting each with a covered breezeway; however he said that the building lay
out as submitted was more desirable.
The Board felt that the applicant's request was understood and that further
discussion was unnecessary; therefore the applicant was dismissed.
The next and last application to be considered at the public hearing was that
of Mr. L. A. Smith of Smiths Two -Way Radio Communications Service.
• Mr. L. A. Smith had appeared before the Board of Adjustment to request permission
for the use of property located on the east side of Sequoyah Drive approximately
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410 feet south of Rochwood Trail and more particularly described as: •
Part of the S 1/2 of the N 1/2 of the SE 1/4 of Section 10
Township 16 North, Range 30 West: Beginning at a point 153
feet North of the SW corner of said 10 acre tract thence
North 77 feet; thence East 300 feet; thence South 77 feet,
thence West 300 feet to the point of beginning.
Mr. Smith requested permission to move an existing master antenna to the
northwest corner of the above-described property. The proposed location
would be approximately 500 feet northwest of its present site on J. W.
Eoff property on Crest Drive. The proposed building would be underground
and would be installed in a clump of trees which would almost completely
camouflage the structure. The building would be of concrete and would
be 10 feet long, 8 feet wide and 7 feet high. Said building would be
setback 20 feet from the north line and 20 feet from the east line.
The property upon which the antenna is presently located had been leased
from Mr. Fitzhugh. The lease did not expire until 1971, but Mr. Smith
surrendered the lease so that J. W. Eoff could build a new residence.
Mr. Smith told the Board that he considered the operation as a public
utility and did not forsee any problems, so he signed an agreement to
move the antenna. The neighbors to the north, south and east of the
proposed location on Sequoyah Drive signed a:statement that they did
not object to the antenna being located on the property previously
described.
The antenna would be no more unsightly than power transformers. Three •
utility poles would be grouped together about 8 feet apart and the
tower would be done away with. The antenna would be no higher than the
tops of the trees and the building would be completely below the level
of the ground.
The applicant reported that eight companies are served by his two-way
radio service. These companies will have to apply for licenses from
the FCC and would be three months or so without radio service. The
telephone lines are used for the two-way radio. The expense in moving
the antenna to another location other than on Mt. Sequoyah would more
than double in expense for the telephone extension.
Those who opposed the applicant's request were given an opportunity to
be heard.
J. R. Crocker, speaking for himself and on behalf of others who had
similar opinions of the request, stated that the reasons for objecting
to any variance or change in the city ordinance as requested by the
applicant were obvious. Some of these reasons being:
1) It would down grade property in the vicinity and affect
a radius of several blocks.
2) It would interfere, when in operation, with program
receptions on television. •
3) It would be a nuisance.
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• 4) To grant the application would set a precedent and open the way
for others which might be more objectionable and damaging than
that which is proposed.
Mr. Crocker filed with the Board a petition signed by 14 residents and property
owners, including himself and his wife, making known their objections.
Mr. James Green reiterated the statements contained within the petition and the
report of J. R. Crocker. He was of the opinion that an antenna to be effective
must not be hidden. Mr. Green had contacted three other property owners in ghe
vicinity who signed a petition in protest to L. A. Smith's application. This
petition was filed with the Board of Adjustment.
Bill Dalton said he had built on Mt. Sequoyah about 13 years ago. His house is
located about 150 feet from the antenna. He also owns.more property close to
the antenna. Mr. Dalton suggested that the antenna remain where it is presently
located.
Earl Garrison bought property on Mt. Sequoyah in 1949 as at the time it was a
choice location. He felt that the antenna would detract from the appearance of
his property.
J. Pomfret said that the University of Arkansas owns property in the area. He
believed that the variance should not be granted. He remarked that at the time
the antennas were located there were few homes within the area; however such
case no longer exists.
• L. A. Smith mentioned the unadvisability of moving the antenna. He pointed out
that the Arkansas Western Gas Company had moved an antenna not too long ago and
that Cy Carney and the City of Fayetteville also have antennas within the vicinity.
There being no further information to be given to the Board members, the applicant
and those persons present were dismissed.
There was discussion had on whether or not A. L. Shamblin would have to file
another application for a variance from the zoning ordinance. In.connection with
this application, the Board repeated the action taken at its last meeting.
The minutes of February 10, 1965, were approved as written and mailed to the
Board of Adjustment members.
After a brief discussion, J. F. Robinson moved that the Board of Adjustment
approve the application of Jerry Sweetser for the construction of six buildings --
each building to consist of two efficiency dwelling units—as requested by
Mr. Sweetser and that the building inspector be, and is hereby, authorized to
issue a building permit for said construction. The motion was seconded by J. A.
Pennington and passed unanimously. .
In regard to the application of Mr. L. A. Smith of Smith's Two Way Radio
• Communication Service on motion by J. A. Pennington, seconded by J. F. Robinson,
the Board unanimously voted to deny the request to move a master antenna from
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its present site east of Crest Drive to a location on the east side •
of Sequoyah Drive. The Board was of the opinion that the antenna
would be injurious to the stability and residential character of the
neighborhood; would interfere with television reception; and that the
cost to move the master antenna would not be as prohibitive as
supposed.
There being no further business, the meeting was adjourned.
Respectfully submitted,
_ v �
Secretary
Date:
`rn � 67Y, /9&5
Approved by the Board of Adjustment
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