HomeMy WebLinkAbout1965-05-19 Minutes•
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BOARD OF ADJUSTMENT MINUTES
COPY X86-2
The Board of Adjustment met at 4:00 p.m., Wednesday, May 19, 1965, in the City
Council Room of the City Administration Building.
Members present: J. F. Robinson, J. A. Pennington and James T. Kerlin.
Members absent: George Bowen and J. I. Smith.
Others present: Donald Holcomb, applicant; A. D. McAllister, representing Kerr-
McGee Oil Industries, Inc.; K. C. Taylor; Bud McQueen; Lynn
Wade; Ken Lazenby, applicant; Mrs. Keith Peterson; Gene Campbell;
Mr. and Mrs. James G. Davis; Melton Davis; J. H. Baylor; and one
other preson interested in the application of Ken Lazenby.
The meeting was called to order by J. F. Robinson who presided in the absence of
Chairman John I. Smith.
The first application heard was that of Mr. Donald Holcomb who had requested
permission for the use of property located at 557 Assembly Road. This property is
located in an R -1B Single Family Residential District.
Mr. Holcomb requested permission to build an addition onto his existing residence.
The proposed addition would be approximately 13.6 feet from the rear yard instead
of the 30 feet required by ordinance. Also the addition would be approximately 7
feet from an existing storage building instead of 10 feet as required by the
zoning ordinance. The proposed addition would be to enlarge the bathroom and to
provide more storage.
When asked how close any other residences were to his own, Mr. Holcomb replied
that the residence to the south was the closest.
There were no further questions, so the applicant was dismissed.
The second application was filed by A. D. McAllister, attorney representing Kerr-
McGee Oil Industries, Inc. Also present in behalf of the applicant were Bud McQueen
and Lynn Wade.
The variation requested by the applicant was for the use of property located on
U. S. Highway 71 North approximately 450 feet north of Township Road on the west
side of the highway. The property is located in a C-2 Thoroughfare Commercial
District. Permission was requested to erect a metal canopy type structure over
the existing gasoline pump islands at the service station located upon this property.
The west edge of the canopy would be approximately 3 feet from the highway right of
way instead of the 15 feet required by ordinance.
A. D. McAllister pointed out that the canopy is removeable. If any future widening
of the highway is proposed, it would not be impossible to move the canopy. The canopy
is 13 feet in the middle from the ground and 17 feet at the east and west edge from
• the ground.
K. C. Taylor owns the property to the north. Mr. Taylor was present. He had no
objections to the request made by Kerr-McGee Oil Industries, Inc.
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Board of Adjustment Minutes - 2 - May 19, 1965
Mr. McAllister said the existing station was being modernized. The gasoline pumps
were being moved back from the highway right of way. All tanks used for storage
of gasoline were being put underground.
There was no further discussion. The applicant and persons present interested in
the application of Kerr-McGee.0il Industries, Inc., were dismissed.
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The last applicant to appear before the Board was Kenneth W. Lazenby, Mr. Lazenby
requested permission to operate his real estate office in his home at 2024 Wedington
Drive as a home occupation. Such use is permissible in the R -1B Single Family
Residential District upon review and approval by the Board of Adjustment.
Mr. Lazenby told the Board that in making his decision to request a variance, he
felt he was not out of line because he would be the sole proprietor of the real
estate office (no sales people would be employed), less than 25% of the total floor
area of the residence would be used in the office and a sign of one square foot total
area would be erected upon his property. The house sets back approximately 110 feet
from Wedington Drive. There is an entrance off Sang Avenue and Wedington Drive so
therE would be no problem of automobiles being backed onto Wedington Drive. There
is a large parking area available if needed. The.closest house to the office would
be the house to the west.
• It was pointed out by Mr. Lazenby that only a few people would drop in to discuss
real estate. As in most real estate businesses, a large percent of the work is
handled by telephone.
Those who objected to the use proposed were given the opportunity to be heard.
Mrs.
Keith Peterson - 2121
Wedington Drive - said
because of so many
members of
the community could not be
present, petitions had
been circulated
and signed by
those persons objecting to
the use proposed by Kenneth W. Lazenby.
The petition
Urith these signatures was
filed with the Board of
Adjustment.
Mr. Gene Campbell - 2000 Wedington Drive - said his house was immediately east
of Kenneth Lazenby's house. Mr. Campbell said he objected to the application.
He also objected to the sign which Mr. Lazenby would erect to advertise the real
estate office. Mr. Campbell stressed that the neighbors within 3 or 4 blocks of
the Lazenby residence have signed the petition. They too object to Mr. Lazenby's
request. All feel that the proposed use would not be to the best interest of the
neighborhood.
Mrs. James G. Davis - 1906 Wedington Drive - said that school buses turn on the
corner to go to Asbell School. Traffic problemscould be created if Mr. Lazenby
were permitted to establish his real estate business within his home. Also the
school children cross at this same intersection.
Mr. James G. Davis - 1906 Wedington Drive - said he had looked for several months
to find an area strictly residential in nature before he made his home at 1906
Wedington Drive. He did not favor Mr. Lazenby's proposal.
Mr. Melton Davis - 2350 Wedington Drive.- stated that he owned the Stop and
Shop Grocery. The business he operates existed before the area was annexed to
the City of Fayetteville. Mr. Davis said he was just visiting.
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Board of Adjustment Minutes - 3 - May 19, 1965
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Mr. J. H. Baylor - 2124 Wedington Drive - remarked that the neighborhood was
strictly residential. The neighbors were nice and the residences were well
kept. Should Mr. Lazenby be permitted to put a real estate office in his home,
it would open up the area for similar uses and destroy the residential character
of the neighborhood. He said he was against Lir. Lazer_by's request.
There was further discussion. After the discussion, those persons present were
• dismissed.
James Kerlin moved that the requirements of the zoning regulations governing
the rear yard setback and the distance between accessory buildings and principal
buildings be waived and that a building permit be issued to Donald Holcomb for
the construction of an addition onto the existing residence at 557 Assembly
Road and that said permit show the addition to be within 7 feet of an accessory
building and approximately 13.6'feet from the rear property line. The motion was
seconded by J. A. Pennington and passed unanimously.
The Board members felt that the shape of the lot (triangular) and the fact that
the house existed created a building problem; therefore the zoning ordinance
requirements were waived and Donald Holcomb's application was approved.
• After discussion J. A. Pennington moved that the Board of Adjustment waive the
requirements of the zoning ordinance and that the request of Kerr-McGee Oil
Industries, Inc., for permission to erect a metal canopy type structure over an
existing gasoline pump island with the west edge of the canopy 3 feet from the
highway•right of way instead of the 15 feet required by ordinance be approved.
The motion was seconded by James Kerlin and passed unanimously:
The Board members considered the ease with v:hich the canopy could be moved if
the highway were widened in comparison with a building; the fact that the
existing pump island is back 15 feet from the highway right of way; and, that
the modernization of the existing service station would improve the neighborhood.
After discussion, J. A. Pennington moved that the Board of Adjustment authorize
the issuance of a certificate of occupancy for the nse of property at 2024
Wedington Drive as the professional office of a real estate broker. Said use is
to be a home occupation carried on by Kenneth W. Lazenby who resides at
2024 Wedington Drive and who is to be the sole proprietor of said office: The
motion was seconded by James T. Kerlin and passed unanimously.
As Mr. Lazenby complied with the requirements of the zoning ordinance governing
home occupations in the R -1B Single Family Residential District, the Board of
Adjustment granted the applicant the permission requested.
There being no further business, the meeting was adjourned at 6:00 p.m.
•
A NOTICE to the SECRETARY
The Board of Adjustment Minutes of May 19, 1965,
are in the records at the Washington County Court
House and should be returned to the files of the
Board of Adjustment,
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