HomeMy WebLinkAbout1966-09-07 Minutes (2)0
'EXCERPTS FROM BOARD OF ADJUSTMENT MINUTES
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 the applications before the
Board.
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 behind 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 mediately 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 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 ways. Such
traffic interferes with the residential character of the neigh-
borhood.
Not only is there reason to be concerned about the traffic that
will be created by Mrs. Huddleston's students and parents, but
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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 4affic.
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
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statement that the city wide zoning regulations were upheld to that
date. He said Mrs. Ballenger was there before he bought his property.
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 problem. Mrs. McVay said almost every music teacher has a
waiting list. She felt that Mrs. Huddleston and Mrs. Ballenger were
aiding the need of the 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
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.
There was no further business, so the meeting was adjourned.
Respectfully submitted,
/s/ Donette Hawkins
Secretary
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