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HomeMy WebLinkAbout1966-09-14 Minutes (2)257-2 • 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. The meeting was called to order by Chairman J. F. Robinson. Mr. John P. Hensen, representative of Sunray DX 011 Company, was not present to discuss with the Board the application he filed for the use of property at 331 Archibald Yell Boulevard. The Board, therefore, heard the next application. -0- Mr. Ralph Hayes appealed to the Board for permission to build a duplex upon the lot at the NE corner of North Olive Avenue and East Dickson Street. Mr. Hayes told the Board that the lot had 55 feet of street front- age and the zoning ordinance requires 60 feet for a duplex. In order to realize any value the property would have to be used for a duplex. Mr. Hayes explained to the Board how portions of this lot had been lost through street widening and through encroachment by others. Also, Mr. Hayes requested the Board to waive the 60 day time requirement for obtaining a building permit. He said he planned to sell the lot and more time than 60 days would be needed to complete the sale and for the new owner to make arrangements to build. There was no discussion; the applicant was dismissed. -0- Applicant Paul Walker who requested a variance from the zoning ordinance for the use of property at 1121 South School Avenue was not present; therefore the Board discussed the next application. -0- 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 Chairman asked that Mr. Paul Walker and Mr. John P. Hensen, applicants who were to have been heard at this meeting, be notified that their appli- 258-2 cations would be given consideration at the next Board meeting. • The application of Mr. Ralph Hayes was discussed. Wade Fincher moved that the Board oY�u713 s�meIIt w ave the requirements of the zoning ordinance governing the street frontage requirement for duplexes in the R-2 zone and waive the 60 -day time requirement for obtaining a permit and further that the building inspector be authorized to issue a building permit for the construction of a duplex upon lot 7 in Block 1 in Mcllroy's Addition to the City of Fayetteville, Arkansas, said lot being 55 feet wide, and that this permit is to be obtained within the period of time from September 14, 1966, to November 14, 1967. The motion was seconded by George Bowen and passed unanimously. The Board granted the variance requested by Mr. Hayes so use may be made of such a narrow lot. Without a variance the utility of the lot would be of little or no value. 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 neigh- borhood 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 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-lA or R -1B zone. For the purposes of this application the Board is treating this as an R -1A zone. E • 259-2 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 pertain- ing to this use. The Board further finds that this use will not (1) un- reasonably 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. Date: Respectfully submitted, l i• A