HomeMy WebLinkAbout1965-08-25 Minutes211-2
BOARD OF ADJUSTMENT MINUTES
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The Board of Adjustment met in the City Council Room in the City Administration
Building at 4:00 p.m., Wednesday, August 25, 1965.
Members
present:
J.
I.
Smith, George Bowen,
J. A. Pennington and James T. Kerlin.
Members
absent:
J.
F.
Robinson
Others present: Mrs. Frank R. Hartman, applicant; Mr. and Mrs. Milford C. Osburn,
real estate brokers; Mrs. Jennings; Mrs. Mayme Stuckey; and
Mr. Hugh Kincaid, City attorney.
The meeting was called to order by Chairman John I. Smith. Mr. Smith asked that
the application be heard.
Mrs. Frank Hartman, applicant, appeared before the Board to request a variation from
the requirements of Zoning Ordinance No. 1239 for the use of property in the 800
Block on North Garland Avenue. The property is located in an R-3 Multi -Family
Residentail District. Mrs. Hartman requested permission to convert an existing
building on the rear (east) of the lot into an apartment unit. There already
were two other dwellings upon the lot. The lot, however, had insufficient street
frontage and lot area for the number of principal buildings proposed. Mrs. Hartman
told the Board members there was plenty of off-street parking—two spaces in front
and two spaces in back.
• In reply to a Board member's question, Mrs. Hartman said she lived in the large
dwelling fronting on Garland Avenue. She planned to move into the apartment in the
back as soon as it could be remodeled and then rent the large house. The other
small apartment is occupied now but soon would be vacant.
Mrs. Mayme Stuckey - 816 North Garland Avenue - said she owned and lived next door
to the south of the property in question. She voiced her objection to the property
being rented to University students. She said she did not object to the number of
apartment units on the lot.
Mrs. Jennings told the Board that she owned rental property to the south of
Mrs. Stuckey. She felt that if Mrs. Hartman were to live on the property and
supervise the rental units, there would be more control over the tennants. She said
she had no objections to such arrangement. Mrs. Stuckey pointed out that she, too,
had less objection if the tennants were supervised.
Mr.
and
Mrs. Wilford
Osburn told the Board that they were
present
only as friends
of
Mrs.
Hartman.
There being no further discussion, the applicant and others present were dismissed.
E
After discussion, George Bowen moved that the Board of Adjustment not waive the
requirements of Article V, Section 4 - 4 - d of Ordinance No. 1239 to permit on
• lot U of Block 12 in Rose Hill Addition to the City of Fayetteville, Arkansas,
the conversion of a building into an apartment unit as requested by Mrs. Frank
212-2
R. Hartman and further that this request be denied because three principal buildings
upon a lot of such small size would not be in the best interest of the public,
would further congest the lot and would not be in keeping with the purpose of the •
zoning regulations. The motion was seconded by J. A. Pennington and passed
unanimously.
There was discussion had on the application of K. C. Taylor which had been first
presented to the Board of Adjustment June 23, 1965. On July 21, 1965, the Board
of Adjustment denied the request of Mr. Taylor to build a commercial building
9.3 feet closer to the highway right of way, park in fromt of the building, and
provide fewer off-street parking spaces than required by ordinance. Mr. Taylor
presented to the Planning Office a plan (Plan No. 2) which would comply with
the zoning regulations in all aspects, but the plan was undesirable to Mr. Taylor,
Tire Town to the north and Kerr-McGee to the south. Plan No. 2 showed the commercial
building to be within 15 feet of the highway right of way. The building blocked the
view of Tire Town as the highway curved. A third plan (Plan No. 3) was shown
to the Board members. This plan complied with the off-street parking requirement
and the fromt vard setback with parking in front; however the building was on the
rear (west) property line instead of setback 10 feet as required by ordinance.
Several reasons why the plan (Plan No. 3) was more desirable were pointed out to
the Board members:
1. The view of Tire Town would not be blocked;
2. The parking (off-street) would be more accessible;
3. Tire Town building is within 3 feet of the rear
property line; therefore the proposed building
would not be out of line; and •
4. Verbal approval had been given by the representatives
of Tire Town and Kerr-McGee.
Mr. Hugh Kincaid, City Attorney, was present to discuss with the Board a
procedure which could be followed by the Board in reconsidering applications.
Mr. Kincaid suggested that the opinion of J. F. Robinson, Board member and attorney,
be obtained in regard to reconsidering applications.
There was discussion of the preferred means of reconsidering applications and on
motion by J. A. Pennington, seconded by George Bowen, the Board of Adjustment voted
unanimously to reconsider the application of K. C. Taylor and further authorized
the publication of a newspaper notice 10 days before the rehearing and the
notification of all persons present --proponents and opponents --at the hearings
held on Mr. Taylor's application.
The minutes of August ll, 1965, were approved as written and mailed to the Board
of Adjustment members.
The meeting was adjourned.
Respectfully submitted,
Date:
'3 •
a.5, i9I5
Approved by the Board of Adjustment
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