HomeMy WebLinkAbout1967-11-29 Minutes•
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BOARD OF ADJUSTMENT
The Board of Adjustment met at 4:00 p.m., Wednesday, November 29,
1967 in the Board of Directors' Room of the City Administration
Building, Fayetteville, Arkansas.
Members
present:
Carl
Yates, Ed
Clement
and Wade Fincher
Members
absent:
J.F.
Robinson
and J.F.
Palmer
Others present: Lynn Wade, Bartley D. Higgs, Marvin Bradley
Harold Lieberenz, Mrs, Bell, Mrs Bertha Starr,
Willard Oliver and John Moreland
The meeting was called to order by Ed Clement, Acting Chairman.
The first application for variance to be heard was that of Mrs.
Bertha Marie Starr. MRS. BERTHA MARIE STARR
Mrs. Starr explained to the Board that she had previously made an
appeal to erect a new residence on this lot but was unable to pro-
ceed with the construction in the time alloted, after approval by
the Board, due to financial difficulties. She is now ready to have
the house built if the Board members will approve the variance as
requested.
• Mr. Oliver, an adjoining property owner, said he and some of the
other neighbors on McClinton Street would like to see Mrs. Starr
build the house but they felt the house would be so far back from
the street that it would be out df line with the other residences.
Harold Lieberenz, City Building Inspector, explained that the 45
foot set -back is necessary in order to provide the 25 foot require-
ment for the front yard and the 20' necessary for off-street parking.
Mr. Oliver said that he had understood the new house was to be er-
ected in back of the present house which would be more than 45' back
but that his house is 39' from the front property line so the 45' of
Mrs. Starr's house would be agreeable to him.
The Acting Chairman asked for other questions or opposition, there
was none so the purpose of the public hearing on this application
having been served the applicant was dismissed and left the Directors'
Room.
The application for variance for Turpin Builders Supply of Fayetteville,
Incorporated was next to be heard. TURPIN BUILDERS SUPPLY OF FAY.
INCORPORATED
Mr. Lynn Wade, Attorney, represented the applicant and explained that
they had the sign put up by a sign contractor and had assumed that he
• had obtained the permit. Mr. Lieberenz wrote letters to the company
asking them to take out a permit but the correspondence was misdirected
due to a change in management at the company and therevore the sign
was erected for some time before the permit application was submitted.
At this time it was discovered that the sign was not located far enough
back from the street right-of-way intersection and the permit could
not be issued.
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The height of the sign is sufficient to provide good visual clearance
at the intersection and the sign could not be moved back to the re-
quired 15' clearance due to the Service Station drive. The appli- •
cation requests a variance from the set -back in order that they may
leave the sign in its present location.
The Acting Chairman asked for questions.
Wade Fincher asked who had objected to the sign location.
Mr. Wade said that Mr. Lieberenz had contacted them asking them to
obtain the permit and when the permit application was made it was
discovered that the set -back was not sufficient.
Mr. Clement asked if there were any other questions or discussion.
There was none so this hearing was closed, Mr. Wade and Mr. Moreland
left the Directors' Room.
The application for a variance of Mr. Bartley Higgs was heard.
Mr. Higgs explained that he presently has a double garage which he
would like to convert into a family room and bath, this would leave
him without parking facilities for his automobiles. He is asking
for a variance of the front yard set -back requirements in order to
build a carport in' -front of the garage which would be 21'5" from
the front property line, lacking 3'7" meeting the required 25'.
He has discussed this with his neighbors and hasn't had any objections
expressed to him. •
Mr. Lieberenz asked if Mr. Higgs had checked his private subdivision
covenants to see if this would be allowed and explained that although
the Board could approve this insofar as City Zoning Regulations are
concerned this does not relieve the property owner from the require-
ments of the covenants.
Mr. Higgs said he understood this and would check intonthe matter.
There were no further questions or opposition so the applicant left
the meeting room.
This concluded the public hearings scheduled for this meeting.
Discussion was held on the application of Mrs. Bertha Starr.
Mr. Fincher expressed the view that this would definitly be an improve-
ment to the neighborhood.
Carl Yates made a motion that a variance of the City Zoning Ordinance
be granted to Mrs. Starr for her property at 623 McClinton Street to
build a house on a lot with only 35' street frontage and 5607 square
feet of lot area.
The motion was seconded by Wade Fincher and approved without opposition.
The application of Turpin Builders Supply of Fayetteville, Incorporated •
was considered next.
Mr.
Lieberenz explained that
the length of
the
sign permitted the posts
to
be far enough apart that
in his opinion
it
was not a visual obstruction.
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He also told the Board members that the Service Station has more than
the required front set -back and gives the impression that the sign
• is closer to the right-of-way intersection than it actually is.
Mr. Fincher made a motion that the applicants be granted a varinace
to leave the sign in its present location, which is closer to the
street intersection than is permitted by the Zoning Ordinance. The
motion was seconded by Ed Clement and approved.
Discussion was held on the application of Bartley Higgs.
Ed Clement said he had driven by this property and felt the addition
of the carport would not cause congestion on the lot.
A motion was made by Carl Yates, seconded by Wade Fincher that the appl-
icant be permitted to erect a carpot, on his lot at 820 Kelly Street,
which would be 21'6" from the front property line.
The motion was approved unanimously.
The minutes of the meetings of October 11, and November 3, were approved
as mailed on motion by Carl Yates seconded by Wade Fincher.
There being no further business the meeting was adjourned.
Respectfully submitted,
r 1
U
Date:
Approved by the Board of Adjustment
•
Secretary