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HomeMy WebLinkAbout1965-05-19 Minutes• 1] R15\J t5 ED C 0 F Y 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. I.• 186 -OR 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. -- 0 n 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. �3R-2 Board of Adjustment Minutes - 3 - May 19, 1965 0 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, • 11