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HomeMy WebLinkAbout1966-09-07 Minutes251-2 EEIEIIIIIffT*T,V.nTiIrs7Ml MIRN055INEMEIN The Board of Adjustment met at 4:00 p.m., Wednesday, September 7, 1966, in the Directors Room in the City Administration Building in Fayetteville, Arkansas. Members present: J. F. Robinson, George Bowen and Wade Fincher. Members absent: J. F. Palmer and J. A.. Pennington. Others present: Mr. Byron Boyd; Mr. Harold Garrett; Mr. Austin Fitzgerald; Mr. and Mrs. Milton Davis; Reverend Jon Stubblefield; Mr. and Mrs. John Huddleston; and 5 persons interested in applications before the Board. The meeting was called to order by Chairman J. F. Robinson. The Chairman asked that the letter from Mr. Byron Boyd regarding the appli- cation of St. Joseph's Catholic Church, which was presented to the Board on July 6, be givenconsideration first. Mr. Boyd said a request was being made to waive the 60 day requirement so that (1) the abstract on the North Walnut Avenue property may be exhmined, (2) the tenants will have sufficient time to find other living quarters,. • (3) the architect will have time to complete the plans and (4) there will be enough time for the construction of the curb and the parking areas. Also, more time is needed to widen Lafayette Street. The State Highway Department will assist, but it will not be able to do its part of the work until next spring. As an alternate proposal on Willow Avenue, it has been suggested that parking be restructed on the east side of Willow Avenue along the church owned property in lieu of the widening. Mr. Boyd said he felt the letter.was self explanatory. He thanked the Board and left. - 0 - Next the application filed by Harold"Garrett for the use of property on Nettleship Street was heard. Mr. Garrett said he wanted permission to build a 12 unit apartment building upon property which had area to support only 11 units. Mr. Garrett told the Board the 12 units were needed in order for the land investment to pay. The lot area was the only violation of the zoning ordinance. The Board members had no questions., The applicant was dismissed. -0- • The Board heard the application of Mr. Milton Davis in which a request was made for an interpretation of the zoning regulations. Mr. and -Mrs. Davis were present. 252-2 Mr. Davis told the Board he had owned and operated a retail grocery store • and retail gasoline station, Stop & Shop Grocery, at 2350 Wedington Drive for several years. The business is located in a residential neighborhood and zoning district. About 1 year-ago Mr. Davis said he sold the business. The buyer removed the gasoline pumps but left the underground storage tanks. The sale of the gasoline was discontinued for a period of more than six months by the new owner. Mr. Davis told the Board that by default he was forced to take back the business. He needed the gasoline sales to make the business profitable. A permit to install the gasoline pumps was refused on the basis he was operating two separate non -conforming businesses, one of which had voluntarily been discontinued for more than six months. Mr. Austin Fitzgerald of Esso Standard Oil Company was present. Mr. Fitzgerald said his company had sold gasoline to Mr. Davis for several years. After Mr. Davis sold the business, the new owner did not want the gasoline pumps, so they were removed. The underground gasoline storage tanks, however, were left. There was no further discussion, and the applicant was dismissed. -0- Reverend Jon Stubblefield of Bethel Heights Baptist Church appeared before the Board to request permission to use the residence on the SW corner of Mt. Comfort Road and James Street for Sunday School classrooms. Reverend Stubblefield told the Board that the use would be temporary. • Within a year he hoped the building would return to a residence. There would be 25 to 30 people meeting in this building. Reverend Stubblefield pointed out that the church had owned the property for about 1 1/2 years. There were no questions and the applicant was dismissed. - 0 - The- The last application was that of Mrs. John Huddleston. Mrs. Huddleston appealed to the Board for permission to give private piano lessons in her home at 505 Hawthorne Street. Mrs. Huddleston said she would like to teach after school from 3:00 p.m. to 6:00 p.m. five days a week. This would be about 3 hours a day. There would be 6 students at about 45 minute intervals. The lessons would be given to one pupil at a time. She said there was no off-street parking problem.' Four cars could easily park in the drive be- hind their two cars under the carport. Mr. Ray Trammell, 448 Hawthorne Street, voiced his opposition to the request. Mr. Trammell told the Board he lives immediately across the street and one house farther east. His drive way is about 15 feet east of and across the street from the Huddleston's drive way. Mr. Trammell filed a petition signed by persons opposed to Mrs. Huddleston's request. Mr. Trammell briefly outlined the points mentioned in the petition. Traffic consideration is the main concern. Hawthorne Street is • one block long with a 90 degree turn at each end. The street has 253-2 • a limited capacity for traffic. The traffic created by parents picking up and leaving children, parking while waiting and even double parking make it difficult for residents to use the street and to enter and leave private drive frays. Such traffic inter- feres with the residential character of the neighborhood. Not only is there reason to be concerned,about the traffic that will be created by Mrs. Huddleston's students and parents, but across the street from the lot in question is Mrs. Inez Ballenger who teaches music. With two teachers on the same block it would cause unreasonable congestion. Mr. Trammell said the zoning ordinance does not permit the requested use, even on appeal to the Board of Adjustment, where the result would be to unreasonably congest traffic. Mr. Trammell pointed out that Mrs. Ballenger's teaching of music is a non -conforming use as it pre -dates the zoning ordinance. To permit Mrs..Huddleston to start teaching would be permitting her to enlarge an existing non -conforming use by spreading it to another tract of land. To permit this requested commercial activity in this residential area would definitely depreciate property values. Mr. Trammell said it would be injurious to the stability and residential character of the neighborhood. • Mr. Trammell felt the safety of the residents would be endangered. He was especially concerned/about the children. He mentioned the efforts exhausted by parents to prevent a fatality or serious injury. This situation should not be made worse. Also, there would be interference with quiet possession if the request were permitted. The property owners have had many problems with the students of Mrs. Ballenger running through yards and flowers, throwing papers, books, etc, while waiting for parents. This impairs the stability of the neighborhood and changes its character. Such occurrences are bothersome:to home -owners and if another person were permitted to give music lessons, it would compound these occurrences. Mr. Trammell remarked that the Huddleston house is on one lot which . is only 61 feet in width. Most of the lot is occupied by�the house. Children will be in other yards while waiting on parents." Mr. Trammell said he had been told that Mrs. Huddleston offered to ask parents to let children off at Vandeventer and let them walk to her home. The sidewalk, Mr. Trammell pointed out, is not on her side of the street. Mr. Trammell called to the Board's attention an article in the Northwest Arkansas Times stating there were 22 students participating in a recital given by Mrs. Huddleston. Before investing in property, Mr. Trammell said he requested a signed • statement that the city wide.zoning regulations were upheld to that date. He said Mrs. Ballenger was there before he bought his property. 254-2 Mrs. Kent McVay, 517 Hawthorne Street, said she had lived on Hawthorne Street for about 1 1/2 months. She said she was very con- • cerned about property values. Mrs. McVay said she has had no difficulty in getting up and down the street. Mrs. Huddleston has plenty of room for parking. There had been no traffic congestion. She said Mrs. Ballenger has had 1 recital and there was no special traffic pro- blem. Mrs. McVay said almost every music teacher has a waiting list. She felt that Mrs. Huddleston and Mrs. Ballenger were aiding the need of people in town.. Mr. Huddleston told the Board that his wife was not requesting to operate a music school. The recital mentioned by Mr. Trammell was held in church and not in their home. Mrs. Huddleston said she had her students doing written work until picked up by parents. She said she had taught music'on North Highland Avenue for 4 years. Her students then stayed in her house and -not in her yard or other yards. This policy would be continued. Mrs. Huddleston said she felt that most people with children did not object to her request. There was no further discussion. Those persons present.were dismissed. The Board discussed the letter from Mr. Byron Boyd in which a request was made for more time to comply with the conditions imposed by the • Board on the application of St. Joseph Catholic Church. George Bowen moved that the Board of Adjustment waive the 60 day requirement and authorize the issuance of a building permit if obtained within 18 months from September 7, 1966, for the construction upon a lot which has less area a new church building which will be 36 feet from the north property line, 252 feet from the east property line and 8 feet from the west property line provided that: - (1) The residence to the west (south of existing church build- ing) be removed and parking area be developed; (2) The residence to the east (yellow house south of the proposed church building) be removed and parking area developed; (3) Lafayette Street be widened along the church owned property so that the curb will be 3 feet from the sidewalk and the widening be done at the expense of the property owner if the City of Fayetteville or the Arkansas State Highway Department will not bear the expense; and (4) Instead.of widening Willow Avenue parking be restricted on the east side of Willow Avenue along the church property. The motion was seconded by Wade Fincher and passed unanimously. 0n motion by Wade Fincher, seconded by George Bowen, the Board of Adjustment unanimously voted to waive -the lot area requirements for multi -family use as requested by Harold Garrett and authorized the build- ing inspector to issue a permit for the consturction of a 12 -unit apartment • building on lots 1 and 2 in Block 3 in Fair Park Addition to the City of Fayetteville, Arkansas. In the Board's opinion with the • the applicant has more square feet of lot area available To grant the request will improve the property value and the general benefit of the community. 0 255-2 . - _ : , > . iii . - • _ . .: • � - i i . . . Reverend Jon Stubblefield's request to use a residence for Sunday School classrooms was discussed. On motion by Wade Fincher, seconded by George Bowen, the Board unanimously voted to authorize the building inspector to issue the necessary permit so that the residence at the SW corner of James Street and Mt. Comfort Road may be used for Sunday School class- rooms. The Board was of the opinion that it would not be against the public interest to grant the request. After discussion, Wade Fincher moved that the Board of Adjustment take no action on the application of Mrs. John Huddleston for the use of property at 505 Hawthorne Street. George Bowen seconded the motion Which passed unanimously.