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EXCERPTS FROM BOARD OF ADJUSTMENT MINUTES
The Board of Adjustment met at 4:00 p.m., Wednesday, September 14,
1966, in the Directors Room in the City Administration Building in
Fayetteville, Arkansas.
Members present: J. F. Robinson, Wade Fincher, J. A. Pennington
and George Bowen.
Members absent: J. F. Palmer.
Others present: Mr. Ralph Hayes and Mr. Walter Niblock, attorney.
There was discussion on the application of Mrs. John Huddleston.
Mr. Walter Niblock, attorney for Mrs. Huddleston, filed a petition
signed by persons who favored her request. Mr. Niblock then excused
himself and left.
The Board began discussing Mrs. John Huddleston's request to teach
piano lessons in her home at 505 Hawthorne Street,
Board Member J. A. Pennington asked that the minutes show because
he was not present at the September 7 hearing on this application
that he neither participated in the discussion nor did he vote after
the discussion.
Chairman Robinson reported he had visited Hawthorne Street to see how
much traffic traveled the street. He said at the time he was in the
neighborhood there was very little traffic. His impression of the
neighborhood was that it was very quiet and very peaceful.
Wade Fincher's report was similar. He said there were very few cars
parked on the street and almost no traffic. He remarked that he did
notice there was room for 4 cars to park in the Huddleston's drive way
behind the cars in the carport.
At the Board's request the secretary read aloud the petitions filed by
Mr. Ray Trammell and by Mr. Walter Niblock, attorney for Mrs. John
Huddleston.
Wade Fincher moved that the Board of Adjustment approve the request of
• Mrs. John Huddleston to give private piano lessons in her home at
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505 Hawthorne Street and that the building inspector be authorized
to issue the necessary permit for this home occupation. The motion
was seconded by George Bowen. Before the members voted the Chairman
asked that his vote be recorded in the minutes. Upon roll call the
following vote was recorded: Wade Fincher, George Bowen and J. F.
Robinson "Aye," and J. A. Pennington "Abstained." There being three
"Ayes" and one "Abstaining" vote, the Chairman declared the motion
passed.
The secretary was asked to let the minutes show that the Board of
Adjustment feels it is within the province of the Board to decide
the question that has been presented to them by Mrs. John Huddleston
that is her request for permission to give private piano lessons.
There apparently is some doubt as to whether property at 505 Hawthorne
Street is located within an R -1A or R -1B zone. For the purposes of
this application the Board is treating this as an R-lA zone.
The Board finds that home occupations are permitted in an R -IA zone
with the written approval of the Board of Adjustment and after public
hearing; that the use applied for is a bona fide use; and there is
no violation of area or yard requirements because there are no area
requirements pertaining to this use. The Board further finds that
• this use will not (1) unreasonably congest traffic, (2) endanger
public safety, or (3) in some other way be injurious to the stability
and residential character of the neighborhood. This permit is issued
for allowing Mrs. Huddleston to give piano lessons to a single pupil
at a time.
No consideration was given to the petition filed by Mr. Walter Niblock
by the Board of Adjustment because it was not timely in its filing.
There was no further business. The meeting was adjourned.
Respectfully submitted,
/s/ Donette Hawkins
Secretary
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